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Mounds View City Council Page Three <br />Regular Meeting November 8, 1993 <br />supporting the construction of the structure prior to 1988 at which <br />time the City's zoning ordinance was changed. <br />Jim Thomson, City Attorney, indicated that affidavits had been <br />received indicating that the structure had been built prior to 1988. <br />Thomson indicated that, in his opinion, the structure is a lawful <br />non-conforming use structure. <br />Mayor Linke closed the public hearing at 7:10 p.m. <br />• <br />The City Council accepted the City Attorney's opinion. <br />c. Consideration of Variance and Site Plan Apuroval (Parkinc,~ , Robert's <br />Off 10, Planning Case No. 363-93 <br />Mayor Linke opened the public hearing at 7:11 p.m. Paul Harrington, <br />City Planner, reviewed Staff Report regarding the request for <br />parking expansion. Harrington explained that if this request were <br />approved would allow the scaling down of a City required berm along <br />the West property line (Edgewood Drive) and approve the addition of <br />impervious surface (parking area). The request also included a <br />variance for the placement of parking area at a zero side yard <br />setback. The variance has been reviewed according to the Mounds <br />View Municipal code requirements and approved by the Planning <br />Commission. <br />Harrington further stated that Resolution No. 4443 includes a <br />number of conditions agreed to by the Council. They are, (1) the <br />applicant enter into a hold harmless agreement with the City to <br />address concerns with snow removal from the site and adjacent <br />streets as well as utility maintenance, (2) the reconfigured berm be <br />landscaped according to City Forester recommendations and, (3) the <br />applicant install and maintain a rate control structure, as <br />recommended by Mounds View's Consulting Engineer, to ensure that no <br />increase in the rate of stormwater discharge from the site takes <br />place. <br />Harrington further stated that the Forester recommended planting <br />arborvitae and remove the spruce trees as the berm would not be able <br />to support the. spruce if it were reconfigured and the spruce trees <br />would be more apt to be damaged during snowplowing. <br />Councilmember Trude commented that arborvitae would. be affected by <br />salt and drought and would not be as attractive as the spruce. <br />• <br />Ron Michna, 5287 Edgewood Drive stated his concerns with regards <br />to the variance and site plans. Mr. Michna was concerned with the <br />water drainage from the property if more blacktop was added for <br />parking. <br />