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opinion offered by Charles L. LeFevere of Kennedy and Graven is a logical and <br />reasonable opinion. The Commission agrees that Section 14.1.3 is likely not lawful and <br />is inconsistent with the Municipal Land Planning Act and with the legislative grant of <br />power to adopt Charter provisions found in Minnesota Statutes, Chapter 410". <br /> <br />Motion carded. Voting Yes: Mayor Gamec, Councilmembers Haas Steffen, Beyer and <br />Beahen. Voting No: Councilmember Zimmerman. <br /> <br />Councilmember Haas Steffen pointed out that the Charter amendment was written and <br />passed by a small portion of Ramsey. Council has received a legal opinion on this <br />amendment and are acting upon that legal opinion. <br /> <br />Motion by Councilmember Beahen and seconded by Councilmember Beyer to accept the <br />recommendation of the Planning Commission and approve the proposed minor <br />comprehensive plan amendment to modify the MUSA boundary to include the proposed <br />Burger King site, and to direct City staff to forward the amendment to the Metropolitan <br />Council for approval. <br /> <br />Motion carried. Voting Yes: Mayor Gamec, Councilmembers Beahen, Beyer and Haas <br />Steffen. Voting No: Councilmember Zimmerman. <br /> <br />Case #7: <br /> <br />Request for a Conditional Use Permit to Exceed the Total Accessory <br />Structure Space and the Maximum Single Accessory Structure Size <br />Restrictions; Case of Jon and Rita Hamann <br /> <br />Zoning Administrator Frolik stated that in April, the City received an application from <br />Jon and Rita Hamann for a conditional use permit to exceed the total accessory <br />structure/garage space allowed and the maximum single accessory structure size <br />restrictions on their property at 6319 - 143rd Lane NW. She explained that the subject <br />property is 1.08 acres in size and is restricted to a total of 1,664 square feet of garage and <br />accessory building space. In addition, there is an 800 square foot size restriction on any <br />single accessory structure. The Hamann's currently have a 576 square foot attached <br />garage and are proposing to construct a 1,200 square foot accessory building in which to <br />store personal and recreational vehicles and equipment. The proposed addition will <br />increase the total garage space on the property to 1,776 square feet, which is a 112 square <br />foot overage. It also represents a 400 square foot overage in the size restriction for any <br />single accessory structure. Ms. Frolik noted that the City has approved overages in <br />accessory buildings in the past. She continued that the Planning Commission conducted <br />a public hearing on June 2. At the hearing, a resident of Hunter's Hill noted that the other <br />homeowners in the neighborhood were advised to confine their structures to half of the <br />lot, which usually meant tucking the accessory garage in somewhere behind the house, <br />not up front near the road like Mr. Hamann is proposing. Ms. Frolik explained that the <br />code language this resident was referring to states that "buildings shall be sited on their <br />respective lots with respect to future re-subdivision as provided for in Chapter 9.03 <br />regarding subdivisions, as if those future lot lines were recorded". The intent of this <br /> <br />City Council/June 23, 1998 <br />Page 10 of 23 <br /> <br /> <br />