Agenda Packets - 2012/05/14 - Laserfiche WebLink

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Mounds View City Council March 26, 2012 Regular Meeting Page 9 Council Member Hull questioned how many times the Downing permit was extended. City 1 Administrator Ericson noted the permit was extended on several occasions before construction 2 began. He stated it was immaterial that the permit was extended as it was reasonable for him to 3 build the garage to the standards in place at the time the permit was issued. 4 5 Mayor Flaherty questioned if the permit could be extended every six months as long as progress 6 was being made. City Administrator Ericson indicated this was true with buildings under 7 construction. This differed from extending the actual permit when no construction had yet 8 occurred. 9 10 Mayor Flaherty recalled the Council had allowed for the garage to remain at the 2007 building 11 standards, which meant the garage would require a nine inch variance. 12 13 Council Member Stigney stated the variance was denied based on the Planning Commission’s 14 recommendation given the information provided. Based on the new information he felt the issue 15 should go back to the Planning Commission for consideration. 16 17 City Administrator Ericson stated if this was the case, the City would have to back off the 18 resolution of denial and request the Planning Commission to reconsider the variance with the 19 new information. 20 21 City Attorney Riggs stated this was the case, and the Council would need to take a step back 22 from the original variance denial. The Council would need to rescind the previous approval and 23 take action on the issue. 24 25 Mayor Flaherty asked how the Council was to proceed. 26 27 City Attorney Riggs recommended the Council properly notify the public of the issue for a 28 decision at the next Planning Commission meeting. He indicated the Council would need to 29 rescind the present Resolution. 30 31 City Administrator Ericson noted the Council should move to rescind a Resolution and direct the 32 variance request to the Planning Commission. 33 34 MOTION/SECOND: Stigney/Gunn. To Rescind Resolution 7903, Directing Staff to bring the 35 Tim Downing Variance Request back to the Planning Commission, with proper public 36 notification for consideration with the new information. 37 38 Ayes – 4 Nays – 1 (Mueller) Motion carried. 39 40 C. Reports of City Attorney. 41 42 City Attorney Riggs had nothing additional to report. 43 44 12. Next Council Work Session: Monday, April 2, 2012, at 7:00 p.m. 45