Agenda Packets - 2006/05/08 - Laserfiche WebLink

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Mounds View City Council April 24, 2006 Regular Meeting Page 31 Mr. Amundsen asked City Attorney Riggs that when the act of an individual indicates intent. 1 City Attorney Riggs stated that it depends on the issue. 2 3 Councilmember Thomas stated that if the car is parked closer, there is a clear code violation, but 4 until that happens, there is not a code violation. She noted it comes down to a matter of 5 subjective interpretation and she cannot see that there has been a code violation for the Council 6 to enforce. 7 8 Mayor Marty stated the Planning Commission needs to clear up the code. 9 10 Mr. Amundsen confirmed that the Council’s policy is that retaining walls can be built up to the 11 property line and that this policy is set by non-action. He confirmed that in past practices, the 12 building department has approved permits for retaining walls up to the property line, will 13 continue to stand. 14 15 Mayor Marty stated that is correct until it is changed. He noted the Planning Commission will 16 start looking at the code. 17 18 Councilmember Flaherty commented that the adjacent property owner is not before the Council 19 to determine if there is an amiable situation. 20 21 Mr. Amundsen stated he is asking the Council to have the other party be engaged. He wondered 22 if the building department could assure that the additional six or eight inches will be removed by 23 the adjacent property owner. Mr. Amundsen pointed out that he will still have to put up more 24 fencing and find remedies to pay for the additional fencing 25 26 City Administrator Ulrich stated there is nothing precluding the City from getting all parties 27 together to work out an agreement. He stated the City would be willing to potentially mediate 28 this issue. 29 30 Mrs. Amundsen asked if City Administrator Ulrich would set up the meeting with the adjacent 31 property owner. City Administrator Ulrich indicated he would. 32 33 Mrs. Amundsen stated she they are reasonable and concerned citizens and that they hope to leave 34 with the impression that they never intended to be bad neighbors. She stated they plan to live in 35 the neighborhood for many more years. She indicated that unless something can be worked out 36 in the next couple of weeks, they will be forced to spend money to improve the fence. She stated 37 they will probably come to the Council if the situation cannot be resolved with the neighbor. She 38 commented that they feel forced into that situation. 39 40 8. CONSENT AGENDA 41 42 Mayor Marty asked to remove Item C. 43 44