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Mounds View Planning Commission October 19, 2005 <br />Regular Meeting Page 3 <br />________________________________________________________________________ <br /> <br />Chair Stevenson stated code clearly indicates any construction cannot be within five feet of the <br />property line. Mr. Kelner asked if he was referring to the lean-to or driveway. Chair Stevenson <br />replied both. <br /> <br />Mr. Kelner asked if there is an exception of a one-foot setback if the owner has approval of their <br />neighbor. Director Ericson replied the code was changed last year to eliminate the one-foot <br />provision. He added the City has previously granted variances for a driveway that is closer than <br />one foot to the property line; however, any construction does need to be five feet from the <br />property line. <br /> <br />Chair Stevenson stated the City is trying to get items such as boats and trailers removed from the <br />sides of homes if they are not on hard approved surfaces. He added if the applicant came in prior <br />to concreting the driveway the Commission might have allowed it, but would not have approved <br />the lean-to because run off from the roof would be going onto the neighbor’s property. Mr. <br />Kelner replied he was going to put gutters on the lean-to. Chair Stevenson replied this would be <br />encroaching more into the neighbor’s property. He added he is inclined to allow the concrete but <br />have the extension of the garage removed. <br /> <br />Commissioner Zwirn stated the issue is that concrete has been placed over a surface that was <br />porous so now runoff will go into the neighbor’s property. Mr. Kelner replied the concrete was <br />put in before the heavy rainfall a few weeks ago and the neighbor had no problems. <br /> <br />Commissioner Hegland asked which way does the concrete pitch and is it away from the garage. <br />Mr. Kelner replied he made a point to slope it out to the front of the house. <br /> <br />Chair Stevenson asked if any timbers were removed from alongside the garage. Mr. Kelner <br />replied no, the timbers are all where they were when the property was purchased. <br /> <br />Commissioner Hegland asked if the garage is attached to the house and if there are full footings <br />under the garage. He also asked if there are full footings on the lean-to and, if so, are they below <br />the frost line. Mr. Kelner replied the garage is attached to the house and has full footings. He <br />added the lean-to timbers are buried underground but not below the frost line; however, they <br />have not moved as far as he knows. <br /> <br />Commissioner Miller stated the outline of what was there is not changing; therefore, she could <br />go along with the concrete but not the lean-to. <br /> <br />Chair Stevenson stated it looks like it would be pretty easy to remove the lean-to because he does <br />not see the body approving it. He added if the property is sold, there could be an issue with the <br />property line or what is built on it. Mr. Kelner replied he would be willing to take it down, but <br />would like to put up fencing around it which he believes could be built close to the property line. <br />Chair Stevenson replied a fence could be installed right alongside the pad, but within his <br />property line. <br /> <br />Commissioner Hull stated he is against the lean-to because of the overlap.