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• Mounds View City Council November 23, 1998 Page 4 there when they moved into the house and would fall under the City's "grandfather" rules. Mr. Tobias reviewed the seven criteria that need to be met in order for the City to grant a variance request. He said it was his feeling that the Planning Commission did not consider a part of the criteria which states that a variance may granted if "practical difficulties" could be proved. Mr. Tobias said his practical difficulty is public safety, backing out of his driveway into oncoming traffic. Koopmeiners noted that the old driveway had been completely removed and replaced with new work. Mayor McCarty noted the construction company had revised their bid after the City denied the first building permit request. A second permit request was granted based on he City's recommendations and the contractor revised his bid in accordance with these City recommendation. So both Mr. Tobias and the contractor were aware that the Sherwood Road driveway was not a permitted condition. Ericson concurred with the Mayor's analysis. . Stigney stated Mr. Tobias had made a good case and should be granted his request for a variance. The contractor made an error and Mr. Tobias is not at fault, he added. MOTION/SECOND: Stigney/Gunn to approve the variance based on the facts as presented. Discussion: Mayor McCarty said that allowing a variance for Mr. Tobias would not bring a "wholesale two curb cuts" into the City on mid-block lots. He suggested that a change may be needed to the ordinance to make exception to corner lots because of their proximity to the corners and stop sign or traffic control devices. "Variances should not be the normal mode, they should be the exception," he stated. Quick stated he was opposed to the variance because the safety circumstance that Mr. Tobias had referred to, backing out of his driveway, was unsubstantiated. Grandfather clauses apply to properties only until the time there is going to be work done on the property, at which time the properties are brought up to code, he said. Quick said one of the goals of City development is to keep impervious surfaces down to a minimum. "If the City didn't have codes and rules to direct development within the City, we're just going to have a hodgepodge," he said. Quick said, "Codes are there to protect everybody else's interest, plus the property owner's." Koopmeiners noted that Mr. Tobias agreed to abide by the City's request that the Sherwood Road driveway be removed, and the permit was issued on that basis. The home owner is ultimately responsible for the work that is done on his property.