HomeMy WebLinkAboutResolution 99-37RESOLUTION NO 99-37
RESOLUTION RELATING TO AN APPEAL FROM
ADMINISTRATIVE
WHEREAS, on May 17, 1999, the Lake Elmo Building Inspector notified Rod Sessing
who resides at 5699 Keats Avenue North, that the landscaping /erosion control improvements
which had been made to a portion of his property were not in compliance with the City's
Regulations (Lake EImo Code Chapter 1365 and Chapter 150 - Landscaping); and
WHEREAS, on May 24, 1999, Rod Sessing appealed the administrative decision of the
City and requested that the appeal be heard by Lake Elmo City Council pursuant to its
Regulations; and
WHEREAS, on July 6, 1999, the Lake Elmo City Council heard the appeal of Rod
Sessing and made the following findings of fact:
Rod Sessing used field stone to Iandscape and construct erosion control
improvements within the side yard of his property;
2. Lake Elmo Code, Section 1365.01 requires "soil retention cover such as sod, seed
and rn- alcli, plantings, or as may be necessary to protect the soil and aesthetic
values on the lot and adjacent property ";
3. Lake Elmo Code, Sections 1365.03 and 1365.04, requires side yards to be
landscaped;
4. Lake Elmo Code, Chapter 150 defines landscaping as the "planting of trees,
shrubs and turf covers such as grasses and shrubs ";
5. In the past, the City of Lake Elmo has not interpreted the provisions of Chapter
1365 or the definition of landscaping to prevent the exclusive use of field stone
and decorative rock;
6. Field stone and /or decorative rock have been used as a subsidiary component of
landscaping in the City of Lake Elmo;
7. The City Building Inspector specifically authorized the use of field stone on the
Sessing property in September, 1997 and in July of 1998;
8. Mr. Sessing relied on the City's interpretation of its Regulations and upon its
authorization when constructing the landscape /erosion control improvements on
his property,
NOW, THEREFORE, BE IT RESOLVED that the Lake Elmo City Council hereby
overturns the administrative decision of the City, approves the current use of field stone on the
Sessing property and directs the City Staff to recommend changes to the City Code which would
specifically allow the use of field stone and /or decorative rock as landscaping materials in the
City of Lake Elmo.
4.#
Approved b the City Council Q0
day of _�_ , 1999.
ATTEST:
Mary uef r, City inistrator
F:\ users\ LORI\ Jerry\i.£ \Sessing.resolution.wpd
Lee Hunt, Mayor
!A
J" }P