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<br />Farrell Variance Report <br />July 2, 2003 <br />Page 3 <br /> <br />Planning Commission Action: <br /> <br />The Mounds View Planning Commission heard this request at their meeting on July 2, 2003. <br />After discussing the merits of the request, the Commission voted to deny the variance <br />requested on the grounds that there was no hardship not created by the property owner. In <br />other words, the property owner has caused the problems which necessitate the variance <br />request and thus the variance should not be approved. Mr. Farrell submitted a written <br />request for the Council to hear his appeal on July 8, 2003 <br /> <br />Amendment Discussion: <br /> <br />The City Council adopted Resolution 5527 on February 26, 2001. This resolution (attached <br />for the Council’s reference) includes a stipulation that all garbage shall be kept inside the <br />building. This was required (and agreed upon by the previous owner) for two reasons. One, <br />there is little room on the lot to locate a dumpster and dumpster enclosure, and two, the <br />previous property owner—Tony Mezzenga—expressed that it was his desire to keep the <br />garbage inside the building. The new property owner—Steve Farrell—indicated that he had <br />been unaware of the requirement and that it would be undesirable to keep the garbage <br />inside. If the resolution is amended to allow outdoor storage, staff would recommend that no <br />dumpster be allowed and that garbage cans be secured and protected by a fence or small <br />enclosure. If an amendment is desired, staff will draft a resolution for action at your next <br />meeting. If an amendment is not supported, a motion to deny the request would be in order. <br /> <br />Recommendation: <br /> <br />Regarding the variance, please consider the hardship criteria and make a determination <br />concerning the appeal. While the Council is subject to the same standard of review as <br />the Planning Commission, the Council may overturn the Planning Commission’s decision <br />if it feels there is sufficient hardship to warrant variance approval. If that’s the case, <br />Resolution 6050 is available for your action. If the Council should agree with the <br />Planning Commission in that there is no hardship to warrant the approval, you will need <br />to direct staff to draft a resolution of denial. <br /> <br /> <br /> <br />_____________________________________ <br />James Ericson <br />Interim City Clerk/Administrator <br />