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Mounds View City Council April 23, 2012 <br />Regular Meeting Page 5 <br /> <br />properly. 1 <br /> 2 <br />City Administrator Ericson indicated the Bohls inherited a non-conforming driveway and there 3 <br />was no apparent hardship. He added that there did not appear to be a hardship with the Ward 4 <br />request either. He pointed out the fact that a permit was not applied for with the City, for either 5 <br />driveway expansion. 6 <br /> 7 <br />Council Member Gunn stated the Bohls purchased their home in 2011 and the realtor was not 8 <br />forthcoming with information on the street reconstruction project. She stated she was willing to 9 <br />leave the driveway at 27 feet. 10 <br /> 11 <br />Mayor Flaherty thanked the Bohls for coming before the Council this evening and for making 12 <br />their appeal. He felt that each appeal case had to be reviewed separately on its own merits. He 13 <br />saw zero hardship in this case. City Attorney Riggs stated he found this to be a difficult case. He 14 <br />indicated it would be difficult for the Council to approve one appeal without approving the other. 15 <br /> 16 <br />Council Member Mueller questioned if there was room for compromise. Ms. Bohl declined 17 <br />compromise and stated taking one foot would be the same as taking three feet as the alignment 18 <br />would be altered. 19 <br /> 20 <br />Mayor Flaherty stated in light of the City Attorney’s opinion he would be in favor of accepting 21 <br />the 27 feet driveway width. 22 <br /> 23 <br />Council Member Stigney indicated there was no hardship in this case and felt it was unfortunate 24 <br />that the homeowners were not aware of the non-conforming driveway; however, it should be 25 <br />brought into compliance at this time. 26 <br /> 27 <br /> Ayes – 2 Nays – 3 (Hull, Gunn and Flaherty) Motion failed. 28 <br /> 29 <br />MOTION/SECOND: Flaherty/Gunn. To Waive the Reading and Adopt Resolution 7928, 30 <br />approving a 27-foot driveway exception for the driveway appeal through the Street and Utility 31 <br />Improvement Project in Area E for the property at 5176 Longview Drive. 32 <br /> 33 <br />Council Member Stigney indicated there was not valid basis for approving the driveway 34 <br />exception. 35 <br /> 36 <br /> Ayes – 3 Nays – 2 (Stigney and Mueller) Motion carried. 37 <br /> 38 <br />B. Second Reading and Adoption of Ordinance 871 Amending Chapter 605 of 39 <br />the Municipal Code to Include Emerald Ash Borer as a Regulated Tree Pest. 40 <br /> 41 <br />Public Works Director DeBar addressed the eminent threat of Emerald Ash Borer bearing down 42 <br />on the City. The City has drafted a management plan to deal with this pest. Regulations for the 43 <br />management of this pest have also been created through an amendment in Chapter 605 of the 44 <br />City Code to include Emerald Ash Borer as a regulated tree pest. He reviewed the revisions to 45