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Mounds View Planning Commission October 4, 2006 Regular Meeting Page 7 ________________________________________________________________________ Ms. Isakson replied this is a situation where the Fords are coming to the Planning Commission after the fact in which the City played a great role. She stated there are so many practical considerations that did make it a unique situation and the City bears some responsibility in this. She reported the Fords put a lot of money and work into this and worked with the City all along. Chair Stevenson stressed he wanted to be assured if this were granted, the City would not be liable. Ms. Isakson replied the City would have some liability if it were not granted. She stated everyone is trying to do what is best and given the situation, there are unique reasons to grant the variance. Community Development Director Ericson stated there are many good points made on both sides. He stated if the variance were denied, what would be put in the place of the blacktop removed. He stated it would not look as nice and might cause problems for both parties. Director Ericson expressed it is very clear there was some miscommunication and based on the Commission meeting on September 20th, Staff was requested to draft a resolution of approval for up to the property line. He stated if Ms. Willis and Mr. Severson said it encroaches onto their property, this is a civil matter. He agreed if it were brought to the Planning Commission before the driveway was put in, it would probably have been denied. He clarified the Planning Commission’s approval would be to allow the driveway to remain at a zero-setback, and not a negative setback. Chair Stevenson encouraged the Fords not to pursue any issue with the placement of the posts, as the Planning Commission would be quite liberally granting this variance if it were approved. He also stated if the variance is granted, both neighbors should go home and consider themselves fortunate. Commissioner Zwirn recommended the following statement be added to the variance: “by granting this variance the City is hereby held harmless from any future litigation and it should not be construed the City endorses a zero-setback.” MOTION/SECOND: Commissioner Miller/Commissioner Zwirn, to approve Resolution 851-06 approving a variance for a zero-foot driveway setback at 8378 Groveland Road; Planning Case VR2006-008, with additional comments. Ayes – 4 Nays – 0 Abstain 2 (Stevenson and Meehlhause) Motion carried. B. VR2006-009: Consideration of a Conditional Use Permit for storage of flammable Liquids. Applicant: 7T’s Management, LLC (Tyson Companies), 4815 Mustang Circle. Planning Associate Heller summarized a request for a conditional use permit for the storage of flammable liquids at 4715 Mustang Circle. She stated this is actually an amendment to the current conditional use permit the Tyson Company has allowing for a motor freight terminal on the property. She stated Tyson is proposing to move Ferrellgas onto the property. She indicated she brought a site plan for the Planning Commission’s reference.