10-18-2006 - Laserfiche WebLink

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Mounds View Planning Commission October 4, 2006 Regular Meeting Page 6 ________________________________________________________________________ The Fords replied they were under the impression they had permission to do what they had done. Chair Stevenson stated the Fords clearly encroached on the neighbor's property and he could not approve the variance request. Commissioner Miller responded one thing to consider is the rock driveway that had been up to the fence since 1988. Chair Stevenson restated the driveway could not be paved up to the fence. Ms. Isakson replied the Fords believed they were working with the City, as Ms. Benesch told them all they needed was a letter of approval from the neighbors. She stated the Fords had done their best to comply with what they were told. Commissioner Zwirn stated Staff gave the Fords direction and the Commission needs to give them an opportunity to express themselves. Mr. Ford showed photos of the back of the neighbor’s yard and of their back yard. He stated the neighbor's photos made it look as if the dark area were blacktop when in fact it is black dirt. He pointed out the surveyor’s stake is 42 feet behind where the driveway is. He stated this is not encroaching. He stated his driveway does not go anywhere onto their property where they mow. Commissioner Zwirn asked if at the time the blacktopping was done if the original fence was there. Mr. Ford stated a fence had been there for many years. Chair Stevenson pointed out the neighbors cement fence footings and asked if the Fords had a problem with it. Mr. Ford said no as that would be petty. Commissioner Miller stated when the Planning Commission discussed this at the September 20th meeting they asked if the Fords would be required to cut out 12 inches of the driveway, what would they do with the space. She said the Planning Commission instructed Staff to draft a resolution to approve it, but to wait until the Commissioners absent from the September 20 meeting were there to discuss it. Chair Stevenson stated he did not have a problem instructing the Fords to dig it up. He mentioned he did have a problem granting a zero setback. He stated nobody deserves a zero setback variance and he did not see in good conscience how it could be approved. Chair Stevenson stated the practicality of why there is a one-foot setback is so these types of disputes do not happen. He declared property lines are not set unless they are surveyed.