Laserfiche WebLink
uf\AppRovED <br /> Mounds View City Council <br /> November 23, 1998 <br /> Page 5 <br /> Gunn asked if the contractor had admitted any wrong doing. Mr. Tobias said they have indicated <br /> they are not willing to remove any of the work. <br /> Mayor McCarty asked staff if the appropriate plans had been attached o the building permit. <br /> Ericson stated all building plans have the appropriate plans attached when they are sent to the <br /> applicants. The contractor had the correct plans before any work was to begin, he added. <br /> MOTION/SECOND: McCarty/Stigney to table the variance request until such time as the City <br /> and staff can review the ordinance, hold the appropriate public hearings, and make a judgement <br /> as to the relevance of the Code as it stands at present. <br /> Discussion: Mayor McCarty agreed there was a public safety issue as Mr. Tobias had stated. <br /> Stigney restated his opinion that Mr. Tobias had done nothing wrong and the variance should be <br /> granted. Mayor McCarty stated each time a variance is granted the Code is weakened by the <br /> precedent that is set. He said tabling the issue would give Mr. Tobias a chance to "stay out of the <br /> fray" for a while and then the City could take the necessary steps to amend the ordinance, if <br /> deemed applicable. Quick stated the only time the City should consider changing an ordinance is <br /> when the City is "swamped" with variance requests. "I've been here continuously for 14 years, <br /> and I cannot remember one request such as this for a variance for two curb cuts in this situation. <br /> There is not a need out there to change this," he said. Quick added, "This is a black and white <br /> situation and we have to deal with it tonight." Attorney Long stated Mr. Tobias was raising an <br /> interpretation question that is both a legal question and a policy question of whether or not the <br /> work that was done was maintenance/repair work or new construction. If the work is <br /> maintenance/repair a variance is not required. If the work is new construction or reconstruction, <br /> and the question of conformity is raised, then a variance would be needed. <br /> Mayor McCarty told Mr. Tobias that he would have to agree to waive the 60-day rule and give <br /> the City the opportunity to review the ordinance in question. Quick told Mr. Tobias that his <br /> request would be considered by new Council Members and a new Mayor. Mayor McCarty told <br /> Mr. Tobias if the ordinance was changed in the review process his driveway would be in <br /> compliance and a variance would not be necessary. If the ordinance stays as is he would have <br /> the opportunity to reappear before the Council to continue arguing his case. Mr. Tobias asked if <br /> there would be any additional fees charged to him for the variance request. Mayor McCarty said <br /> no additional costs would be charged in the application. Staff concurred that there would be no <br /> additional costs. Mr. Tobias agreed to waive the 60-day rule. <br /> VOTE: Ayes - 4 Nays - 1 (Koopmeiners) The motion carried <br /> Chad Harris expressed his concern that the City was taking the appropriate steps to deal with <br /> the year 2000 ("Y2K") computer problem. Mayor McCarty and City Administrator Whiting <br />