Agenda Packets - 2012/07/23 - Laserfiche WebLink

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Mounds View City Council June 11, 2012 Regular Meeting Page 3 cited by the Minnesota Department of Revenue for violating the Minnesota Tax Code. Due to 1 the violation, ABC Liquor voluntarily surrendered their license. In accordance with City Code, 2 Staff recommends denying the request at this time based on the previous violation and a failed 3 compliance check in 2006. 4 5 Ge Xiong, owner of ABC Liquor, approached the Council and described further the failed 6 compliance check. 7 8 Mayor Flaherty questioned if the establishment was in the habit of carding. Mr. Xiong explained 9 that he now had a card reading machine to assist with carding patrons. The card reader machine 10 was purchased in 2009. 11 12 Mayor Flaherty was pleased that Mr. Xiong had taken the necessary steps to assure that there 13 would not be any future concerns with sales to minors. He supported the approval of the tobacco 14 license. 15 16 MOTION/SECOND: Mueller/Gunn. To Waive the Reading and Adopt Resolution 7959, a 17 Resolution to Consider a Cigarette and Tobacco Business License for ABC Liquor located at 18 2840 Highway 10. 19 20 Ayes – 5 Nays – 0 Motion carried. 21 22 C. Resolution 7957, SUIP Driveway Appeal to Allow a Second Curb Cut at 5101 23 Brighton Lane. 24 25 Planning Associate Heller commented the Council was being requested to consider a driveway 26 appeal in Area E of the Street and Utility Improvement Project. The homeowners, Michael and 27 Melinda Collins at 5101 Brighton Lane were requesting a second curb cut as it was a corner lot 28 with a garage and driveway accessing Brighton Lane. However, the Collins have occasionally 29 been driving into their backyard from Woodcrest Drive to access a shed in their rear yard. 30 31 Planning Associate Heller explained that City records show a permit to install concrete was 32 applied for in 1986. The permit allowed for the installation of concrete between the house and a 33 shed, and a strip leading to the south property line. The Collins would like to continue to be able 34 to drive into the backyard after the new curbs are installed. 35 36 Planning Associate Heller noted the second curb cut does not meet all requirements as the access 37 point did not exist prior to January of 2000 and has not been permitted by the City through an 38 approved variance or other acceptable means. In addition, the access in question does not have 39 an improved surface in compliance with City Code requirements. It was Staff’s opinion that a 40 second curb cut would not be consistent with the standards and conditions set in the City Code 41 and those in Resolution 7338. 42 43 Michael Collins, 5101 Brighton Lane, thought it was clear the area in his rear yard was a 44 driveway to the shed and not a patio area. He commented that he had an adult daughter moving 45