10-18-2006 - Laserfiche WebLink

Home Browse Search

Mounds View Planning Commission October 4, 2006 Regular Meeting Page 3 ________________________________________________________________________ Chair Stevenson inquired about City liability if the Planning Commission approved the variance. His concern is if the driveway does cross the property line and by granting the variance, would the city be liable for any action taken by the neighbor. Planning Associate Heller replied that the City does not require surveys when work is being done, and that she spoke to the City Attorney who indicated that the City is not responsible for determining where property lines are and it is up to the applicant to construct within their property boundary. She stated, according to the City Attorney, it would be a civil matter if a property line dispute ensued. Commissioner Zwirn reported he received the letter from Ms. Barb Benesch, Community Development Administrative Assistant in response to the letter from the Fords attorney. He asked, in looking at the letter and the application, what was the reason the driveway was not listed under special conditions or the other specified areas on the application. Planning Associate Heller stated this is the application that came in for the garage. She stated when Administrative Assistant Benesch accepted the application, she looked at it as a garage permit only. Commissioner Zwirn stated the application included the driveway also and the letter alludes to the fact Ms. Benesch had some recollection as to how close the driveway was to the property line. Planning Associate Heller stated she could not speak to what happened at that time. Commissioner Hegland asked how the issue came to the City’s attention. Planning Associate Heller replied that Mr. Jeremiah Anderson, Housing Inspector, received a call about the driveway being on the property line. Chair Stevenson asked who installed the fence. Planning Associate Heller replied the neighbor had installed it. Chair Stevenson asked if the fence was on the paved part and had a property survey been done. Ms. Kari Willis, 8388 Groveland Road, stated she had a survey done in April 2006 so they would assure the fence was put within their property boundaries. She stated a professional fence installation company installed the fence according to zoning codes. Ms. Willis stated the driveway blacktop had to be chipped out to set the footings which are entirely within their property. She stressed they made sure the fence was well within the property line. Chair Stevenson asked Ms. Willis if they had the property staked out along the property line. Commissioner Hegland asked how far the stakes were located from the fence and where the driveway was in relation to the stakes.