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Mounds View City Council May 28, 2013 <br />Regular Meeting Page 6 <br />1 Council Member Hull questioned if Ms. Simkins could apply for a variance to keep the <br />2 container. Planning Associate Heller did not believe this would be an option. <br />3 <br />4 Mayor Flaherty inquired if a shed could be built around the cargo container. City Administrator <br />5 Ericson explained the City does not regulate what residents store inside their accessory <br />6 structures. <br />7 <br />8 Mayor Flaherty asked if the City could give Ms. Simkins more time to remove the cargo <br />9 container. Ms. Simkins stated the problem was that she was currently unemployed and has been <br />to for the last eight months. She commented that it would not be possible for her to remove the <br />11 container and build an accessory structure in the near future. <br />12 <br />13 Council Member Meehlhause questioned if the storage container were grandfathered in, if Ms. <br />14 Simkins would apply for an accessory structure permit. Ms. Simkins stated she would be willing <br />15 to apply for a permit. <br />16 <br />17 Council Member Mueller indicated the cargo container did not have an improved surface <br />18 underneath it and the accessory structure permit could not be approved. She explained it was <br />19 unfortunate that Ms. Simkins was misled to believe the cargo container was allowed. However, <br />20 this simply was not and has not ever been the case. She did not believe a cargo container could <br />21 serve as an accessory structure. <br />22 <br />23 Ms. Simkins stated she has been living in Mounds View for 28 years and has had her storage <br />24 container for the past 16 years. She indicated this container has not adversely impacted her <br />25 neighbors in any way. She requested again that her container be grandfathered in. <br />26 <br />27 Council Member Gunn explained in the past, double curb cuts were grandfathered in when the <br />28 Zoning Code was amended. She recommended this same action be taken with the cargo <br />29 container. <br />30 <br />31 Mayor Flaherty noted the container has been on this property for the past 16 years and the <br />32 property has received no complaints from the neighboring properties. He was in favor of <br />33 strengthening the City's Zoning Code, but supported Ms. Simkins' request to grandfather in her <br />34 cargo container. He questioned how to proceed with a motion to this effect. City Administrator <br />35 Ericson stated the Council could proceed giving direction to Staff to revise Subdivision 3. Staff <br />36 could then speak further with the City Attorney to modify this section of the Ordinance, which <br />37 would then be reviewed by the Council during the Second Reading. <br />38 <br />39 Council Member Mueller expressed concern that the cargo container could be leaking lead-based <br />40 paint into the soil as it was not placed on an improved surface and its country of origin was <br />41 unknown. <br />42 <br />43 MOTION/SECOND: Gmm/Hull. To Waive the First Reading and Introduce Ordinance 879, <br />44 Amending Title 1100 of the Mounds View Zoning Code to Add Regulations for Cargo <br />45 Containers, revising Subdivision 3 and requiring Ms. Simkins to apply for an accessory structure <br />