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Mounds View Planning Commission September 6, 2000 Regular Meeting Page 12 should be 40 feet from the property line to where the driveway is and the drawings show that there is 42 feet to the driveway. Mr. Gustafson said that the amount of traffic that would come in from this development wouldn’t be as much as the traffic that goes to Tom Thumb. Herbert Zworn said that he did not want to stifle Mr. Gustafson’s ability to develop the property but requested that the problems they have now be looked into and dealt with before allowing the project to proceed. Mr. Zworn said that the building will be two stories and that they will be able to look down on his property infringing on his right to privacy. He noted he would be looking out at an office building. Chairperson Peterson closed the public hearing at 8:33 p.m. Chairperson Peterson indicated that a property owner is allowed to develop on their property what is allowed by City Code and, in this instance, the property is zoned for commercial construction. He indicated that this is a problem property because it has remained vacant for so many years. Commissioner Johnson said that the Planning Commission is only looking at a parking lot variance and whether they should approve the variance, not the building. Commissioner Hegland indicated that it is also a building setback issue. Planner Ericson indicated that none of the plans are final or approved and if the variance were to be granted they would need to come before the Planning Commission and the City Council to get approval of the plans. Planner Ericson indicated that the property is used as a route to get to Tom Thumb because it is undeveloped and he feels that once the lot is developed, the trash issue and foot traffic problem would be eliminated. Chairperson Peterson said that the two reasons it is a problem lot is that it’s vacant and there is a problem maintaining it because of litter. He said that if Tom Thumb is not maintaining the fence or the area around the fence, the City should get after them to maintain it. Chairperson Peterson stated that as long as he has been on the Planning Commission the property has been zoned commercial and changing it to residential at this point wouldn’t benefit anyone. He stated he feels that commercial is a more appropriate use for the property. Chairperson Peterson addressed the concern of cars driving across the lawn by noting there would be curbs so driving across the lawn should be eliminated. He then indicated that the plan is not final but is a concept or a proposed plan.