Council_Minutes_1984_10_22 - Laserfiche WebLink

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Mounds View City Council October 22, 1984 Regular Meeting Page Three Attorney Meyers advised that a municipality cannot be stopped from revoking a permit unless a vested right has occurred, and they must consider the werdien'shaving good faith throughout the procedure, and their expenditure of funds and the work already done. He emphasized the City cannot allow a building in excess of 400 s.f., and the permit would have to be reissued for the correct size. Mr. Werdien, 6940 Silver Lake Road, questioned who would be liable for the money they had already spent. Attorney Meyers advised that city officials cannot be held liable. Mayor McCarty stated the Council and Staff is very sorry an error was made, and they have no option in not allowing a building larger than 400 s.f. Attorney Meyers advised the Council could declare a defect in the notice and hold another public hearing, or could poll the Council and if they agree, could stay with approval of a permit. Mr. Werdien questioned who would pay for the cost of materials he could not use due to the roof size that had been specified. Councilmember Doty stated the Council may be able to come to some agreement on that. Mayor McCarty suggested Mr. Werdien submit a bill to the City, and Attorney Meyers and the Council would act upon that. Attorney Meyers again pointed out the City cannot revoke the permit, and the Werdien's can locate it where ever they wish in their back yard, as long as they meet the setback requirements. Motion /Second: Hankner /Linke to approve the consent agenda as presented and waive the reading of the resolutions. 5 ayes 0 nays Motion Carried Mayor McCarty closed the regular meeting and opened the next public hearing at 8:09 PM. Clerk /Administrator Pauley reviewed the proposed 1984 long '::erm financial plan. He advised it would be available at City Hall for anyone who wished to review it. 9. Approval of Consent Agenda 7B. Public Hearing 1984 Long Term Financial Plan