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Mounds View Planning Commission March 21, 2001 <br />Regular Meeting Page 6 <br />________________________________________________________________________ <br /> <br />Director Ericson noted that during the discussion at the last meeting Mr. Winiecki had expressed <br />a concern for the setback of the building. Originally the building was proposed to be setback <br />thirty feet from County Highway 10 and the developer has revised the site plan to pull the <br />building back an additional twenty feet making the setback from County Highway 10 fifty feet. <br /> <br />Director Ericson explained the concept drawing for the Silverview Estates Planned Unit <br />Development indicated a 25,000 square foot two-story building that was setback almost eighty <br />feet. At the time of the Planned Unit Development approval there was no proposal to build the <br />building to the specifications of the concept plan. The developer, in this case, is requesting to <br />deviate from the proposed concept plan and that is why they are before the Planning <br />Commission. <br /> <br />Director Ericson noted the issue is what is an appropriate setback. He noted all other <br />requirements have been met and there are no issues with regard to the setback from the wetland. <br /> <br />Director Ericson noted Staff was directed to look at the meeting minutes from 1997 and 1998, <br />which is when this item was addressed, to find out if any assurances or discussion took place on <br />the record regarding placement of the building. Staff has reviewed the minutes covering the six- <br />month timeframe where this was before Council and was unable to find any documentation that <br />would indicate Council had made any agreement with Mr. Winiecki concerning the setback of <br />the building to be built on the site. He then noted not every statement makes it into the minutes <br />but stated anything of a significant nature such as an agreement concerning building placement <br />would have been in the minutes. <br /> <br />Director Ericson noted the mayor at the time had indicated that any changes to the concept plan <br />would need to be brought before Council for consideration. He then noted that Staff <br />recommends approval of the Resolution as presented. <br /> <br />Mr. Winiecki of 2704 N.E. Highway 10 noted he had called the developer at the time and asked <br />him about the concept plan. He further explained the feeling he was left with after speaking to <br />the developer was that the concept plan is what would be built. If he had any question the <br />concept plan would be changed he would have pushed harder and escalated the issue more than <br />he did. <br /> <br />Mr. Winiecki stated visibility is crucial for his business noting there is a steady stream of people <br />coming to his building. He then presented the Commission with a letter to the City from <br />Attorney Gary Dahle who offices with him. Mr. Winiecki read the letter that indicated Mr. <br />Dahle is in support of Mr. Winiecki’s position that the proposed building should be setback in <br />line with his building. <br /> <br />Mr. Winiecki stated he should have been more vocal at the time of the PUD approval and asked <br />that Council not allow the building to be built in front of his building. <br /> <br />Ms. Deb Elfman stated she is not from Mounds View but works in Mr. Winiecki’s building. She <br />further stated a lot of her clients recognize the building by description and do not need directions <br />to get to it indicating to her that the visual aspect of the building is very important.