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Mounds View Planning Commission December 15, 2004 <br />Regular Meeting Page 3 <br />________________________________________________________________________ <br /> <br /> <br />Commissioner Zwirn asked if the applicant was satisfied on the settlement with the contractor. <br /> <br />Mr. Rudnitski indicated he is largely satisfied because he did receive some money but he still has <br />attorney’s fees. <br /> <br />Commissioner Zwirn suggested seeking recourse through the title insurance policy if possible. <br /> <br />Director Ericson indicated this would be before Council in January. <br />______________________________________________________________________________ <br /> <br />6. Code Amendment <br /> <br />Community Development Director Ericson indicated that this item is a Code amendment <br />regarding driveways, driveway setbacks and curb cuts. He then reviewed the proposed changes <br />to the Code with the Commission. <br /> <br />Director Ericson indicated that partial reconstruction or a patch or installing a “T” or making <br />partial improvement should not force a property owner to make the whole driveway code <br />compliant. He then said that from the discussions previously the intent is to not penalize them <br />for making some improvement to the driveway if possible, but if there is a street improvement <br />project then driveways and curb cuts should be made compliant. He then said that if the <br />driveway cannot be made compliant it could be allowed to remain through the variance process. <br />He further said that there is an administrative variance process as well as the option of appealing <br />decisions to the City Council. <br /> <br />Director Ericson reviewed the requirements for an administrative variance to be added to the new <br />Section 5 to be inserted into the draft ordinance. <br /> <br />Commissioner Hegland asked what 25% of Code means. <br /> <br />Director Ericson explained how the 25% would be interpreted. <br /> <br />Director Ericson indicated this matter would be presented to the City Council in January. <br /> <br />Chair Stevenson asked for a final clean ordinance that is being presented to Council with the <br />entire subsections. <br /> <br />MOTION/SECOND: Zwirn/Miller. To Approve Resolution 780-04, a Resolution <br />Recommending Approval of a Code Amendment to the Municipal Code Regarding <br />Nonconforming Driveways and Curb Cuts. <br /> <br /> Ayes – 5 Nays – 0 Motion carried. <br />______________________________________________________________________________ <br />