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• Mounds View Planning Commission December 2, 1998 Regular Meeting Page 7 Peterson asked if there would be a sidewalk installed on the northeast side of the building that would accommodate pedestrian access. Weyek said there would be no sidewalk but there would be landscaping. VOTE: Ayes - 5 Nays - 0 The motion carried. 9. Staff Reports/Information Items A. Setting of a Public Hearing for Wednesday, December 16, 1998, at 7:00 p.m., at the Mounds View City hall, 2401 Highway 10, Mounds View, MN 55112, to consider amending Chapter 1121 of the City Code regarding curb cuts on corner lots in single-family residential districts. Ericson told the Commission the public hearing was being set to respond to Mike Tobias' appeal to the City Council of the Planning Commission's denial of his variance request. Mr. Tobias feels there is a public safety issue, which is his having to back out of his driveway into oncoming traffic. The Council saw merits in both sides of the argument and tabled any action on the appeal. The Council is directing the Planning Commission to discuss the merits of allowing two curb cuts for corner lots. Jopke added that the second issue that should be discussed is whether or not this type of work, as Mr. Tobias argued, is maintenance work as opposed to new construction or replacement work. Obert said the original asphalt, base and even some tree roots had been removed in order to do the work that Mr. Tobias had contracted for. It was his opinion that the work done at the Tobias residence was new construction. Obert expressed his concern that rewriting a code just to accommodate one variance request would set a very dangerous precedent for the future of the City; more dangerous than granting the variance. Brasaemle suggested that the Commission revisit the Code; however, the message that should be sent to the Council is that this variance is a separate issue and should not be tied to the outcome of this reconsideration of the Code. Jopke said it is important to understand the Code and make sure that the reasons for the Code are still valid and needed. Obert asked staff to make sure that the Council Liaison is present at the Planning Commission meeting on December 16, 1998. Ericson stated he would include comments from the City Attorney in the staff report that is prepared for the public hearing. Peterson suggested including the rationale that was used when the code was implemented in 1979.