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Mounds View Planning Commission December 7, 2011 Regular Meeting Page 5 ________________________________________________________________________ Commissioner Schiltgen noted the timeframe from the original building plans submission to the actual construction was really drawn out. Changes were made to the City Code during that time and better communication should have been done by the City. For this reason, the variance should be discussed further by the Commission. Chair Stevenson commented the Commission’s decision could be appealed to the City Council. The Commission was being asked to review the practical difficulty and compliance with the Zoning Code. He indicated that when construction began in 2010, the height limit in the Zoning Code had already been changed, and the homeowner was not in compliance with the current Code. For that reason, he would not vote in favor of the variance. Commissioner Smith questioned if the Commission could approve this structure as a primary garage instead of a secondary. Chair Stevenson stated this wasn’t something that could be done. Commissioner Meehlhause asked how many building inspections should have been completed on this garage by the City. Associate Heller stated there should have been at least a footing inspection, framing inspection and final inspection. Also, electrical, mechanical or plumbing inspections, if applicable. She noted there were typically only three to four inspections on a garage. She explained that the City only completed a footing inspection on this garage. The homeowner did not contact the City for any other inspections. Commissioner Cramblit indicated the 18 foot height restriction was created by the City to assure there would be no living space above a garage. With the size of the garage, its dormers and windows, the space could easily be converted to an apartment. Chair Stevenson questioned how the Commission would like to proceed with the variance. Commissioner Cramblit felt the Commission had enough information to take action on the variance this evening and the item did not need to be tabled. MOTION/SECOND: Commissioner Cramblit/Chair Stevenson. To Approve Resolution 955- 11, a Resolution Denying a Variance to Allow a Detached Accessory Building to Exceed the Maximum Height Limit; Planning Case No. VR2011-008. Commissioner Schiltgen was conflicted with the denial of the variance as the City could have communicated better with the homeowner. Chair Stevenson stated if the applicant had followed the original plans, he would not have needed a variance. However, he changed the plans and built the garage without coming back to the City for approval.