1991.07.01 CC Minutes - Laserfiche WebLink

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t:ity Council meeting of July .3, 1991 Paqe 4 CITY ATTORNEY (LEGAL OPINION REQUEST) At the June 17, 1991 regular meetinq of the HUgo City Council, action was taken requesting a legal opinion with regard to the SUP application of Mr. Dan Santanni. Mr. Santanni secured a SUP from the City of Hugo to construct a large accessory building on his property, and has not been able to proceed because of his refusal to accept the special conditions of the permit. The City staff, in its interpretation of the ordinance, has indicated that a SUP is required, as private garages, farm buildings, and accessory storage are listed as permitted accessory uses in agricultural zones ('_%20-4, Subd. Ci). The City's zoning ordinance states that "no accessory building or use shall be constructed or developed prior to the time of construction of the principal building to which it is accessory, except by SUP" (3'20-5, Subd. H1). Councilmember Fran Miron indicated that he feels the staff has misinterpreted the ordinance, and Mr. Santanni is not required to secure a SUP for the purpose requested. As a result of this difference in ordinance interpretation, the City Council requested that the City Attorney provide a legal opinion with regard to whether or not Mr. Santanni is required to secure a SUP under the City's existinq zoning ordinance. City Attorney, Charles Johnson, was present Monday evening to review his July 1, 1991 written report. It was Mr. Johnson's legal opinion that a Special Use Permit would be required to construct a farm accessory structure prior to the construction of a principal structure. Mr. Jim Leroux express his feelings on the interpretation of the City's zoning ordinance. Mr. Johnson was not sure if the Santanni application was still an "open issue" in that he had failed to sign the SUP in a timely manner. The City Attorney also noted that a special condition of a SUP, allowing for inspection of a site to assure compliance, was not unconstitutional. Mayor Stolt man will contact Mr. Santanni to explain his options with regard to accepting conditions of the previous permit, applying for an amended SUP, and review of the City Attorney's legal opinion. MISCELLANEOUS The City received a letter from a home owner on Gallivan Court regardinq the blockinq of their cul-de-sac on July 27, 1991 for the purpose on holding a neighborhood "block: party". After a lengthy discussion, the following motion was made: McAllister made motion, Brunotte seconded, that the "block: party" request be approved for July 27, 1991, subject to the following: 1. All property owners on the subject "block" sign a letter stating that they have no objection to the request. ?. "Local Traffic Only" signs be rented from Washington County, and all costs incurred be paid for by the home owner The Washington County Sheriff's Office is to be notified of thi.<_ request. All aye. Motion Carried. Mayor Stolt man suggested that the City's in_.urance company be contacted r-egardinq this matter.