Agenda Packets - 2001/08/27 - Laserfiche WebLink

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Mounds View City Council August 13, 2001 Regular Meeting Page 9 Council Member Quick pointed out that oversized garages fall under conditional use permits. David Jahnke, 8428 Eastwood Road, stated he has watched this type of case before and understands the hardshi ps. He said he has heard people say the Council can overturn decisions. He has seen variances given for oversized garages. He gave his opinion that he thought this request should be approved. Mayor Sonterre closed the public hearing at 8:21 p.m. MOTION/SECOND: Quick/Stigney. To Waive the Reading and Approve Resolution 5583, A Resolution Denying a Variance Request. Council Member Marty suggested that if this building was there five to ten years, and a new owner moved in and didn’t want the building, it could be destroyed in moving it four feet. If this request is approved, and new owners moved in, the shed would be considered grandfathered in and the new owners would not have a choice. Council Member Quick stated he could not see the benefit in challenging the Planning Commission. He said he has a shed and it is five feet from the property line. He didn’t see why Mr. Baumhoefner couldn’t follow the guidelines as other residents do. There is no reason such as a 100 -year old oak tree or situations created by subdivisions that this shed would be in the way and did not find reason to grant the request. Council Member Thomas stated she was conflicted. She said she is ‘‘a letter of the law ’’ type of person in that when there is a list of criteria, she feels it should be followed. She said she is never in favor of overturning a unanimous decision of our Planning Commission. She continued that on the other hand, this is a neighborhood and the neighbors should have a say in what is going on around them. She stated there is nothing that can be done now, though a policy should be effected stating neighbors could have an influence. Commissioner Quick said that if people wanted a say in what happens in their neighborhood, they have the right to run for offi ce. He felt this was an isolated case since there are not a lot of people with this type of situation. He stated that Mr. Baumhoefner was aware of the rules and since he is licensed in several trades, he knows the code should be followed. Council Member Stigney expressed his view that the City Attorney demonstrated the Council does not have the option to approve the appeal. Council Member Marty said that based on the City Attorney’s comments and the Planning Commission’s decision, he did not see demonstrated hardship. He felt the Council would be hardpressed to overrule the seven points. Mayor Sonterre stated he was taking solace in that this building was a fixed building. Since at some point someone could move it into the zoning code, he could not support the appeal of the denial.