Agenda Packets - 2012/04/23 - Laserfiche WebLink

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Mounds View City Council March 12, 2012 Regular Meeting Page 6 requested an extension. 1 2 Mayor Flaherty inquired if an extension was requested by the Downings after 2009, at which 3 time the new City Code would have been explained. Planning Associate Heller was unaware if 4 another extension was requested, or that staff made him aware of the code change. She noted the 5 original plan would have been acceptable under the mid-point criteria. 6 7 City Administrator Ericson indicated because the permit was acquired before the code changed 8 the plans could have been completed as submitted. However, the plans changed, and should 9 have been brought to the City for approval. 10 11 Mayor Flaherty questioned if Mr. Downing had made the City aware of the change in height 12 proposed for the garage and the addition of the dormers. Mr. Downing stated he did not inform 13 the City of the changes. 14 15 Council Member Hull inquired if the Council would be setting precedence by approving this 16 variance. Planning Associate Heller stated this very well could create precedence. 17 18 Mayor Flaherty indicated he was struggling with the fact the garage changes were not brought to 19 the Council or City prior to being completed. A decision was made by the homeowner to build 20 the garage bigger than the original plans allowed. City Administrator Ericson clarified that the 21 original plans would not be consistent with today’s code, but were consistent with the code in 22 2007. 23 24 Mayor Flaherty questioned what options were available for the garage. Mr. Downing stated the 25 garage was not built to comply with the 18 foot height restriction. It could not be engineered or 26 lowered to 18 feet with its current trusses and would therefore need an entirely new roof. He 27 feared much of the materials would not be salvageable. 28 29 Mayor Flaherty feared that a precedence would be set if the variance was approved. It would 30 open the door for others in the community to build a garage or accessory structure that does not 31 meet the City’s Zoning Code and request a variance after the fact. 32 33 Mr. Downing stated he completes construction work in a number of neighboring communities 34 and he has never heard of a resident being forced to tear down a roof or building structure due to 35 non-compliance. 36 37 Mayor Flaherty asked if the garage complied with the previous code. Planning Associate Heller 38 stated the garage was nine inches over the previous standard. 39 40 Mr. Downing commented that he has a neighbor with a garage the same exact size and height as 41 his. He questioned if the Council would take action against his neighbor to bring that garage into 42 compliance. 43 44 Mayor Flaherty questioned how many garage building permits were outstanding and could be 45