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L 0 <br />. lfINUTES OF THE REGULAR MEETIKG OF THE <br />EDIKA CITY COUNCIL IIELD AT CITY HALL OX <br />MONDAY, NOVEMBER 4, 1974 <br />Answering rollcall were members Courtney, Johnson, Schmidt, Shaw and Mayor Van <br />Valkenburg . <br />STOH4 SEWER IIPROVEXENT NO. P-ST.S.-143 CONTINUED TO NOVENBER 18, 1974. Recall- <br />ing that the public hearing for Storm Sewer Improvement No. P-ST.S.-143 which was <br />proposed to solve a drainage problem in the back yards at 4620 and 4622 Bruce <br />Avenue had been continued from October 21, Mr. Dunn showed snapshots of the pro- <br />perty in question which he had talcen to determine the possibility of lov?ering <br />the grade of the driveways between the two houses, rather than installation of <br />the storm sewer. <br />Avenue would necessitate the addition of another step down to the driveway and <br />estimated the cost to be approximately $1,700. <br />assessment for this solution would be less expensive for property owners than <br />construction of the stom sewer which had been estimated*at $3,044.69. <br />Dunn added that he had visited the site when there was a pond of water in the <br />back yards ahd that the water had to be six inches deep before it can flow out. <br />* Nrs. Jack Mertes, 4620 Bruce Ave. , said that they have water in their basement <br />and that water comes up to her back door. She said that she has sand bagged her <br />house and that she is tired of living with this problem, <br />they would have put in a new driveway some years ago if it had not been fx this <br />drainage problem. <br />requested that the improvement be continued to spring so that neighbors could <br />study a complete set of engineering drawings. <br />Councilman Courtney's motion was seconded by Councilman Johnson and carpied, <br />continuing the hearing to November 18, 1974, so that Cbuncil could make a field <br />trip to the site and so that the Engineer can make further study of the problem. <br />Hr. Dunn said that regrading of the driveway at 4622 Bruce. <br />He explained that the area-wide <br />Mr. <br />*: Ers. Mertes said that <br />Mr. Robert Colbert, 4625 Casco Avenue, said that he had not <br />' been aware of any problem. He, along with'Mr. John Benz, 4623 Casco Avenue, <br />Following considerable discussion, <br />ORDINAhCE NO. 811-A59 GPSiNTED FIRST READING. <br />by Clerk, approved as to form and ordered placed on file. Mr. Luce presented <br />Ordinance No. 811-A59 for First Reading as recommended by the Planning Commission. <br />No discussion was heard. <br />811-A59 for First Reading as follows: <br />Affidavits of Notice were presented <br />Councilman Johnson thereupon offered Ordinance No. <br />ORDINANCE NO. 8ll-AS9 <br />AN ORDINPJCE &*BlJDING THE ZONIHG ORDINAXCE (NO. 811) <br />TO DEFINZ AND REGULATE NONCONFORHING <br />BUILDINGS AND SIGNS <br />THZ CITY COUNCIL OF THE -CITY OF EDINA, IDCNE;I@SOTA, ORDAINS: <br />Section'l. <br />"1. .Prospective Operation of Zoning Ordinance. <br />Paragraphs 1 and 2 of Section 12 of Ordinance No. 811 are hereby <br />amended to read 2s follows: <br />any nonconforming use may continue, subject to the provisions of paragraph 2 of <br />this Section 12. For purposes hereof, the term 'nonconforming building' shall <br />mean any building lavfully existing at the time of adoption of this Ordinance <br />which building does not comply with all the restrictions imposed by this Ordin- <br />ance, or any amndment hereto, governing size, height, setback, floor area ratio, <br />lbt area, , yards and parking in .the zoning district in which such building is <br />located. For purposes hereof, the term 'nonconforming use' shall mean any use <br />of land or buildings lawfully existing at the time of adoption of this Ordinance <br />which use does not comply with all the restrictions imposed by this Ordinance, <br />or any amendment hereto, governing the zoning district in which such use is <br />located. <br />Any nonconforming building and <br />2, Nonconforming Buildings and Uses. <br />(a) Alterations, Additions 'and Enlargements. A nonconforniing building shall <br />not be added to, altered or enlarged in any manner unless such-nonconforming -build- <br />ing, hcluding such additions, alterations and enlargements thereto, shall conform <br />to all of the restrrctions of the district in which it is located. The foregoing <br />shall not be deened to prohibit repairs to nonconforming buildings. <br />(b) Relocation of Buildinas. No building shall be moved, in whole or in part, <br />into or within the City, unless every portion of such building which is moved, <br />and the use thereof, is made to conform to all of the restrictions of the district <br />in which it is to be located. <br />(c) Restoration of Damaged Building. A nonconforming building, or a building <br />all.or substantially all of which is designed or intended for a nonconforming <br />use, which is destroyed or damaged by fire, wind, earthquake, explosion or other <br />casualty to the extent that the cost of restoration shall exceed one-half of the <br />market value OE the entire building at the time of the casualty shall not be <br />restored unless said building, and the use thereof, shall conform to all of the <br />restrictions of the district: in which it is located. In the event that cost of <br />restoration is less than one-half of .the market value of the entire building