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Mounds View City Council January 10, 2005 Regular Meeting Page 13 • J. Introduction and First Reading of Ordinance 756, an Ordinance Amending the Mounds View Municipal Code Relating to Non-Conforming Driveways and Curb-Cuts, Director Ericson stated that when the City Council adopted Ordinance 752 last year, what that Ordinance did was strike language from the City Code that provided an allowance for aone- foot setback for driveways in R-1 or R2 District. He stated when the Planning Commission was going through that Ordinance, it became quite apparent that there were other issues that needed to be addressed as well. He stated that he had spelled out in the staff report what some of those issues were. He stated the Ordinance makes corrections to four different sections of the City Code, and than rather than automatically allowing a nonconformity to continue, it makes the correction when the opportunity presents itself, such as a street reconstruction or during a driveway construction. He stated that the Planning Commission recommends adoption of the Ordinance. Mayor Marty asked if the residents would have an option whether or not to correct the nonconformity when the streets are re-constructed. Director Ericson stated that the option is that if it can be made compliant, then let's make it compliant. He stated that the property owner has a right to appeal that. He stated that hardship would have to be proven in order for a variance to be granted. He stated that this does give some allowances to property owners so that they can keep something that is nonconforming. if it makes sense. He stated that the Public Works Director and the Community Development Director would assess each situation on a case-by-case basis. He stated that the intent of this is not to create any hardships for the residents; it's simply to correct code compliance issues when possible rather than just by default allowing them to remain. He stated that the issue with street reconstruction is more associated with curb cuts than driveways. MOTION/SECOND. Stigney/Gunn. To approve the Introduction and First Reading of Ordinance 756, an Ordinance Amending the Mounds View Municipal Code Relating to Non-Conforming Driveways and Curb-Cuts, and to waive the reading. Ayes-4 Nays-0 Motion carried. K. Resolution 6432 Authorizing Staff to Advertise to Fill the Position of Part- time Temporary Building Inspector in the Community Development Department. Council Member Stigney asked if this was a union or nonunion position. Director Ericson stated that as proposed, it would be as a nonunion position, part-time temporary. He stated if the position were extended to be more of a full-time position, then that would trigger union paying dues. • MOTION/SECOND. Gunn/Flaherty. To adopt Resolution 6432, authorizing Staff to Advertise