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• Mounds View City Council November 23, 1998 Page 5 Gunn asked if the contractor had admitted any wrong doing. Mr. Tobias said they have indicated they are not willing to remove any of the work. Mayor McCarty asked staff if the appropriate plans had been attached to the building permit. Ericson stated all building permits have the appropriate plans attached when they are sent to the applicants. The contractor had the correct plans before any work was to begin, he added. MOTION/SECOND: McCarty/Stigney to table the variance request until such time as the City and staff can review the ordinance, hold the appropriate public hearings, and make a judgement as to the relevance of the Code as it stands at present. Discussion: Mayor McCarty agreed there was a public safety issue as Mr. Tobias had stated. Stigney restated his opinion that Mr. Tobias had done nothing wrong and the variance should be granted. Mayor McCarty stated each time a variance is granted the Code is weakened by the precedent that is set. He said tabling the issue would give Mr. Tobias a chance to "stay out of the fray" for a while and then the City could take the necessary steps to amend the ordinance, if • deemed applicable. Quick stated the only time the City should consider changing an ordinance is when the City is "swamped" with variance requests. "I've been here continuously for 14 years, and I cannot remember one request such as this for a variance for two curb cuts in this situation. There is not a need out there to change this," he said. Quick added, "This is a black and white situation and we have to deal with it tonight." Attorney Long stated Mr. Tobias was raising an interpretation question that is both a legal question and a policy question of whether or not the work that was done was maintenance/repair work or new construction. If the work is maintenance/repair a variance is not required. If the work is new construction or reconstruction, and the question of conformity is raised, then a variance would be needed. Mayor McCarty told Mr. Tobias that he would have to agree to waive the 60-day rule and give the City the opportunity to review the ordinance in question. Quick told Mr. Tobias that his request would be considered by new Council Members and a new Mayor. Mayor McCarty told Mr. Tobias if the ordinance was changed in the review process his driveway would be in compliance and a variance would not be necessary. If the ordinance stays as is he would have the opportunity to reappear before the Council to continue arguing his case. Mr. Tobias asked if there would be any additional fees charged to him for the variance request. Mayor McCarty said no additional costs would be charged in the application. Staff concurred that there would be no additional costs. Mr. Tobias agreed to waive the 60-day rule. VOTE: Ayes - 4 Nays - 1 (Koopmeiners) The motion carried Chad Harris expressed his concern that the City was taking the appropriate steps to deal with the year 2000 ("Y2K") computer problem. Mayor McCarty and City Administrator Whiting