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Mounds View Planning Commission December 20, 2000 Regular Meeting Page 4 Community Development Director Ericson indicated after reviewing the seven criteria and the details of this variance request that Staff has determined the criteria have not been satisfied and recommended the Planning Commission deny the variance request. Chairperson Peterson opened the public hearing at 7:10 p.m. Mr. Wilson, 7764 Greenwood Drive, the applicant, addressed the Commission and apologized for not obtaining the proper permit before commencing building of the structure. He then indicated he does have a need for storage and would like to keep the structure if at all possible. Commissioner Miller inquired as to whether the lean-to had sides. Mr. Wilson indicated it had a roof and support pillars. Jim Buckley, 7770 Greenwood Drive, addressed the Commission and indicated he is Mr. Wilson’s next door neighbor whose property line the structure is up to. He indicated he and Mr. Wilson spoke concerning the structure and that he has no problem allowing the structure to remain. He indicated he does not believe it detracts from his property in any way. He also addressed the comment of stormwater runoff from the structure falling onto his property indicating the elevation of his property was higher than that of Mr. Wilson’s so there would not be an issue with runoff. Mr. Buckley then told the Commission he was not pleased that an unidentified woman claiming to work for the City pulled into his driveway to look at the structure. This woman told his wife the City had received an anonymous complaint concerning the structure and she was there to look into it. Mr. Buckley said he was sure that this was how the whole process got started. He then indicated he did not appreciate the anonymous complaint stating “a person should be able to face their accuser.” Commissioner Johnson inquired as to how close to the property line structures on Mr. Buckley’s property were. Community Development Director Ericson deferred to Mr. Buckley who indicated his garage sat back a bit on the property and was approximately 25 feet off the property line. Mr. Wilson noted he believed the lean-to to be one foot off the property line not right up to the property line. Chairperson Peterson explained the Planning Commission is bound by state statute to strictly apply the criteria listed for granting a variance. Unless an extraordinary reason can be shown to allow for the variance the Planning Commission is not allowed by state law to grant the variance. While the opinion of the next door neighbor does play a role, it is a minor role as state law governs the process.