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Mounds View City Council January 8, 2007 <br />Regular Meeting Page 3 <br /> <br /> 1 <br />Council Member Flaherty thanked the Applicant for wanting to keep the tree. 2 <br /> 3 <br />Council Member Mueller thanked the Applicant for saving the tree while still accomplishing the 4 <br />expansion of the garage. 5 <br /> 6 <br />Mayor Marty said he called to talk to Community Development Director Ericson about this 7 <br />application and said he commends the Applicant for keeping the tree. He then said that he is 8 <br />concerned about the two-foot setback because he has been kind of a stickler about looking out for 9 <br />decisions that may set a precedent. 10 <br /> 11 <br />Mayor Marty said that he was surprised that the Planning Commission approved the variance. 12 <br />He then said that he would have no issue with a larger garage or moving it closer to the tree but 13 <br />he would like to maintain the five-foot setback. 14 <br /> 15 <br />The Applicant explained that the neighbor has 20 feet so the reduced setback should not be of 16 <br />concern. 17 <br /> 18 <br />Mayor Marty explained that if the new property owner would decide to put a privacy fence on the 19 <br />property line then there would only be two feet between the fence and this garage. 20 <br /> 21 <br />Mayor Marty indicated that he would be more comfortable following Code and allowing the 22 <br />expansion but requiring the five-foot setback to the property line. 23 <br /> 24 <br />Council Member Flaherty asked how much property is between the Applicant’s house and the 25 <br />neighbor on the other side. He then said that the concern is for emergency access to the backyard 26 <br />area, if necessary. 27 <br /> 28 <br />Council Member Hull said that the Planning Commission felt the tree was a hardship that 29 <br />justified the two-foot setback. 30 <br /> 31 <br />Council Member Stigney asked if the plan could be amended to stay five feet from the lot line. 32 <br /> 33 <br />The Applicant indicated that he would not have enough room in the garage if he would have to 34 <br />leave the five-foot setback. 35 <br /> 36 <br />MOTION/SECOND: Mueller/Flaherty. To Approve Resolution 6991, Approving a Conditional 37 <br />Use Permit for an Oversize Garage at 8410 Knollwood Drive. 38 <br /> 39 <br />Council Member Stigney said he agreed with a lot of the Mayor’s thinking about changing the 40 <br />setbacks and lot lines. He then said that, since the Planning Commission has reviewed this and 41 <br />felt that the tree location justifies hardship, he will reluctantly support this. He then said he is 42 <br />disappointed that the Planning Commission did not take a harder look at requiring the Applicant 43 <br />to maintain the five-foot setback. 44 <br /> 45