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Mounds View City Council Page Fourteen <br />~egular Meeting March 9, 1992 <br />Mayor Linke explained to Mr. Michna that there are two codes in <br />regard to occupancy, the Uniform Building Code and the Fire Code. <br />Mayor Linke stated that these two codes do not agree with each other. <br />Mr. Michna stated that his belief was that there was an error in <br />issuance of the permit for Robert's Off 10 many years ago when the <br />establishment was changed from a restaurant to a bar. Mr. Michna <br />stated that because of this error Mr. Waste is getting a bad deal <br />and having to pay for the City's error in issuance of a permit. <br />Mr. Michna also stated that he understood that the City's Code <br />does not allow a business to have parking across a public way. <br />Samantha Orduno, City Administrator, explained to Mr. Michna that <br />that the site plan for Robert's Off 10 met the conditions of the <br />Code to which this establishment is grandfathered. <br />Mr. Michna asked if Mr. Waste had submitted a plan for parking when <br />he expanded the seating in the establishment. <br />Mr. Minetor explained to Mr. Michna that because Mr. Waste had <br />• adequate parking, in fact more than enough parking, to satisfy <br />the requirements of the Code to which he is grandfathered into and <br />there was no parking plan needed. Mr. Waste was in compliance. <br />Mr. Minetor further explained that Mr. Waste was being cited for <br />signing a statement on his permit that stated that the site plan <br />was true and accurate and it was not. This is the reason that <br />Mr. Waste has to remove seating to come into compliance with the <br />Code established for his building. <br />Mr. Michna stated that the remodeling that added seating is <br />occupancy. <br />Mr. Minetor stated that occupancy is the use of the building, i.e., <br />changing from a bar to a used car building would be an occupancy <br />change. <br />Samantha Orduno, City Administrator, stated that it is difficult <br />for cities and states to deal with property rights. The U.S. <br />Supreme Court at this time is guarding property rights. Orduno <br />stated whether we agree or disagree, Robert's has rights on the <br />property. All the City can do is try to balance the rights of <br />businesses to do business and the rights of City residents. <br />Mayor Linke stated that he read what Mr. Harrington had said and <br />that Ric Minetor reiterated was that when Mr. Waste removed the <br />volleyball court and put in seating Mr. Waste had enough parking <br />for seating added. <br />