Agenda Packets - 1992/03/09 - Laserfiche WebLink

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Mounds View City Council Page Fourteen Regular Meeting March 9, 19• Mayor Linke explained to Mr. Michna that there are two codes in regard to occupancy, the Uniform Building Code and the Fire Code. Mayor Linke stated that these two codes do not agree with each other. Mr. Michna stated that his belief was_that there was an_ error in issuance of the permit for Robert's Off 10 many years ago when the establishment was changed from a restaurant to a bar. Mr. Michna stated that because of this error Mr. Waste is getting a bad deal and having to pay for the City's error in issuance of a permit. Mr. Michna also stated that he understood that the City's Code does not allow a business to have parking across a public way. Samantha Orduno, City Administrator, explained to Mr. Michna that that the site plan for Robert's Off 10 met the conditions of the Code to which this establishment is grandfathered. Mr. Michna asked if Mr. Waste had submitted a plan for parking when he expanded the seating in the establishment. Mr. Minetor explained to Mr. Michna that because Mr. Waste had adequate parking, in fact more than enough parking, to satisfy • the requirements of the Code to which he is grandfathered into and there was no parking plan needed. Mr. Waste was in compliance. Mr. Minetor further explained that Mr. Waste was being cited for signing a statement on his permit that stated that the site plan was true and accurate and it was not. This is the reason that Mr. Waste has to remove seating to come into compliance with the Code established for his building. Mr. Michna stated that the remodeling that added seating is occupancy. Mr—Minetor s-tatedthat occupancy is the use of the building, i.e. , changing from a bar to a used car building would be an occupancy change. Samantha Orduno, City Administrator, stated that it is difficult for cities and states to deal with property rights. The U.S. Supreme Court at this time is guarding property rights. Orduno stated whether we agree or disagree, Robert's has rights on the property. All the City can do is try to balance the rights of businesses to do business and the rights of City residents. Mayor Linke stated that he read what Mr. Harrington had said and that Ric Minetor reiterated was that when Mr. Waste removed the • volleyball court and put in seating Mr. Waste had enough parking for seating added.