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LAKE ELMO CITY COUNCIL MINUTES MARCH 19, 1996 6 Branch Watershed, representatives from Rehbein and Jack Buxell met with the City Planner on March ( 12th. It was determined that developing a pond on that site would not impact the existing drainage and would be able to accommodate future development on the site without specifically identifying the specifics on the type of residential development which would occur on the site. The City deleted mining as a conditional use in the Agricultural Zoning District on November 18, 1986, but still has the mining section in the City Code. In that section, it outlines operations which are not considered mining. These include moving of dirt for landscaping, conservation purposes, and the construction of surface water drainage. The pond will be a landscaping element to the development and will be conserved as open space and be used for surface water drainage. The City does not have a grading ordinance to deal with development projects. M/S/P John/Hunt - to direct the staff to amend the mining definition, or wherever the staff feels is appropriate, to include landscaping and grading for excavation of areas to create ponds and wetlands if done consistent with the criteria for the purpose of promoting development of ponds and wetlands. (Motion passed 3-1:Conlin:we have ongoing legal Issues that we are dealing with mining and this would be opening the City up to legal problems.) F. Review of non -conforming use, Len Hanson, 10324 Hudson Blvd. As directed by the City Council, the staff has reviewed the present non -conforming use at 10324 Hudson Blvd. Presently, three of the units In the structure are being rented. There are four separate units in this structure which makes the use non -conforming in the Ag zoning district In review of City records, the staff could not locate that the Hanson's were given approval for this type of use. No building permits were issued for the construction of these dwelling units. City Planner Terwedo met with Mr. Hanson on Monday, February 26, 1996 to discuss the situation and recommended that the three units be vacated within six months. This will give Mr. Hanson's tenants time to find alternative housing. At the March 4th council meeting, Mr. Hanson was not able to attend. Therefore, for his benefit, the Council postponed consideration of this agenda item until the March 19th meeting when the Council intends to take action and requests that Mr. Hanson attend. M/S/P Hunt/DeLapp - that the staff be directed to send a letter to Len Hanson, 10324 Hudson Blvd., indicating that his tenants have six months to vacate the premises and that the operation of rental of these units shall cease. (Motion passed 4-0). G. Ordinance No. 8132 Wind Generator Ordinance The Council reviewed the Draft Wind Generator Ordinance and suggested changes, such as, require annual review of permit, should go with the applicant and not the land, state a minimum distance between generators, which were presented to the City Planner to incorporate within the ordinance. M/S/P ConliNDeLapp - to direct the City Planner to incorporate the amendments as submitted to the Wind Generator Ordinance. (Motion passed 4-0). H. Request for extension for filing final plat:Meehan Torre Pines was given preliminary plat approval in July, 1995 and final plat approval for all but three lots in September of 1995. The City was informed at that time that Mr. Meehan would continue to live in the existing home on 10 acres and that the final plat of these four lots would not be done at this time.