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-76- <br /> <br />4. The accessory building is designed with a soffit, fascia, and eave overhang to match <br /> the home. <br /> <br />While reViewing this section of City Code, the Planning commission determined that some other <br />housecleaning type amendments were necessary as follows: <br /> <br />1. Regulate heights of accessory buildings by lot size versus whether the property is'in or <br /> out of the MUSA. <br />2. When the accessory building is xvithin five feet of the principal building, add in .the <br /> option to construct the accessory building with a one-hour fire rated wall instead of <br /> requiting it to be attached to the principal building. <br />3. Elimination of the requirement that states accessory buildings within ten feet of the <br /> principal building must comply with the same setback requirements as the principal <br /> building. <br /> <br />The planning Commission held a public.hearing on the most recent version of this' ordinance <br />amendment on December 12, 2002, and there were no verbal or written comments submitted. <br /> <br />MOtion by Councilmember Cook, seconded by Councilmember Elvig, to introduce an ordinance <br />to amend Section 9.11.02 of City Code regarding accessory uses. <br /> <br />Motion carried. Voting Yes: Mayor Gamec, CounCilmembers Cook, Elvig, Kurak, Pearson, <br />Strommen, and Zimmerman. Voting No: NOne. <br /> <br />Case #7: Settlement of Sunwood Drive Right2of-Way Condenmation Action <br /> <br />-City Attorney Goodrich stated that in 2001, the City commenced a condemnation action to <br />acquire additional right-of-way and related drainage facilities from the State of Minnesota <br />through the Pollution COntrol Agency for construction of Sunwood Drive between Sunfish Lake <br />Boulevard and C.R. #116. This action also included acquisition of right-of-way for a short <br />segment of Azurite Street. The Court-appointed land commissioners have viewed the subject <br />parcels. The City's appraiser appraised the State's damages at $52,300.00 and the City agreed to <br />an additional $750.00 payment as rent to compensate for the City's early entry onto the subject <br />parcels. The state has now determined, as a result of its own appraisal, that the City's appraisal <br />is reasonably accurate and desires to settle the damage issue without further court hearings. The <br />City will need to make an additional payment of $500.00 to the State which is a statutory <br />requirement intended to assist the landowner in payment, of its appraisal fees. In addition.to the <br />monetary payment for the land interest acquired, the State. requires an easement from the City for <br />its water utility lines, which cross Sunwood Drive and serVe the State's .water treatment facility: <br />The water treatment facility is a part of the State's water monitoring program relating to the <br />Anoka Regional Landfill. Staff requested authorization to enter into the Settlement Agreement. <br /> <br />Councilmember Kurak noted that the $52,300 has already been paid. <br /> <br />City Council/January 14, 2003 <br /> .Page 16 of 27 <br /> <br /> <br />