HomeMy WebLinkAboutResolution 98-66City of Lake Elmo
Washington County, Minnesota
Resolution 98-66
RESOLUTION AFFIRMING THE NOTICE OF VIOLATION - COMPLIANCE ORDER
OF THE LAKE ELMO CODE ENFORCEMENT OFFICER
1. Whereas, Countryside Pool and Spa (herein "Countryside ") is the tenant of a
portion of a building located at 9242 Hudson Boulevard within the City of Lake Elmo and
legally described as the South 675 feet of the West 333 feet of the East 1/2 of the Southwest
1/4/� of ,(Section 34, Township 29, Range 21, Washington County, Minnesota (herein
"P 7 y o .per ty" );
2. Whereas, on September 21, 1998, the Lake Elmo Code Enforcement Officer
issued a Notice of Violation - Compliance Order (herein "Notice /Order ") to Countryside stating
that the portion of the Property used or occupied by Countryside was in violation of Lake Elmo
Code Section 300.07, Subd. 4(H)(1)(f)(I), relatingto storage of materials on the site; and with
Lake Elmo Code Section 535.06, Subd. 1(H) relating to business signage;
3. Whereas, Countryside appealed the decision of the Lake Elmo Code Enforcement
Officer;
4. Whereas, on October 20, 1998, the Lake Elm City Council, acting as the Board
of Adjustments and Appeals (herein "Board of Appeals ") conducted a hearing to accept
testimony regarding the appeal of Countryside;
5. Whereas, at the conclusion of the hearing on October 20, 1998, the Board of
Appeals directed the city staff to prepare a report, detailing in particular, the history of the sign
usage for the Property;
6. Whereas, the Board of Appeals has now received and reviewed the report of the
Lake Elm City Plannerdated November 12, 1998, which indicates thatthegeneral sign usage
for the building on the Property and the specific sign usage of Countryside is in violation of the
City's regulations; and
7. Whereas, the Board of Appeals makes the following findings of fact:
A. That the use of the Property by Countryside is in violation of Lake Elmo Code
Section 300.07, Subd. 4(H)(1)(f)(I),because Countryside is using tractortrailers
to store materials on the site.
B. That the use of the Property by Countryside is in violation of Lake Elmo Code
Section 535.06, Subd. 1(H) because Countryside has a portable sign on that
portion of the Property which it occupies or uses.
C. That the overall signage for the building on the Property is in violation of the
City's sign regulations.
Nov, therefore, based on the foregoing findings of fact, be it resolved, that the
Notice /Order of the Code Enforcement Officer dated September 21, 1998 is affirmed and
Countryside is directed to bring its storage and signage use of the its portion of the Property into
compliance with the City's regulations within ten (10) days of the date of this resolution.
Be it further resolved, that the City's Code Enforcement Officer forward a Notice of
Violation /Compliance Order to the owners of the above Property reciting the signage violations
that apply to the entire building and ordering the building owner to comply with the Lake Elmo
Sign Regulations.
Ado�ed by the Lake Elmo City Council acting as the Board of Adjustments and Appeals
on this iS day of December, 1998.
Mayor: Lee Hunt
Attested By:
Mary K` effner, /Administrator
FAusers \HULDAVerry \LE - Ordinances \Countryside- signage.wpd
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Mayor: Lee Hunt
Attested By:
Mary K` effner, /Administrator
FAusers \HULDAVerry \LE - Ordinances \Countryside- signage.wpd
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