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City Council Nfinutes Decembe~ 16, 2002 Page 4 6.1. Recodification · Request by the City, of Elk River for Recodification of Chapter 900 - "Zoning" of the Code of Ordinances, Public Hearing - Case No. OA 02-05 · Consider Ordinance Recodify. ing the City. Code/Public Hearing The City Clerk presented the newly recodified city code to the Council. She reviewed the recodification process. The Clerk indicated that the Planning Commission held a public hearing in relation to Chapter 30 - the Land Development Regulations and recommended approval of the Chapter. Acting Mayor Tveite opened the public hearing. There being no one for or against the matter, Acting Mayor Tveite closed the public hearing. COUNCILMEMBER MOTIN MOVED TO ADOPT ORDINANCE 02-15 ADOPTING AND ENACTING A NEW CODE FOR THE CITY OF ELK RIVER, MINNESOTA4 PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN; PROVIDING A PENALTY FOR THE VIOLATION THEREOF; PROVIDING FOR THE MANNER OF AMENDING SUCH CODE; AND PROVIDING WHEN SUCH CODE AND THIS ORDINANCE SHALL BECOME EFFECTIVE. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. 6.2. Request for a Front Yard Setback Variance - Case No. V 02-08 Planner Chris Leeseberg indicated that the applicant has requested a variance to allow construction of a detached garage within the 35-foot Front Yard Setback on a corner lot. He noted that the request was for property located at 19796 Lo,veil Street NW. Chris reviewed the staff report. He noted that the Board of Adjustments voted to deny the request, as the Board did not feel that the loss of trees was a significant hardskip. Chris indicated that since the Board of Adjustments meeting, more information has been presented regarding the applicant's physical condition. Applicant, Lewis Pertl, 19796 Lowell Street, indicated his concern that the Planning Commission did not feel that the loss of trees was a significant reason to grant a variance, especially since the Commission recommended approval of a tree preservation ordinance at the same meeting his variance was denied. Mr. Pert also noted that he has a physical impairment with his knees and that it would be a hardship to build the structure further away from his house. Acting Mayor Dan Tveite opened the public hearing. There being no one for or against the matter, Acting Mayor Dan Tveite closed the public hearing. Planning Commissioner M_ichael Jenson indicated that the Planning Commission was not presented with all of the information that is before the Council. He further noted that the Planning Commission felt that a smaller garage would be more feasible and did not feel that the need to remove trees is an option to avoid a variance. Councilmember Kuester noted that previous variances that have been granted for similar reasons.