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Mounds View City Council March 12,2012 <br /> Regular Meeting Page 6 <br /> requested an extension. <br /> Mayor Flaherty inquired if an extension was requested by the Downings after 2009, at which <br /> time the new City Code would have been explained. Planning Associate Heller was unaware if <br /> another extension was requested, or that staff made him aware of the code change. She noted the <br /> original plan would have been acceptable under the mid-point criteria. <br /> City Administrator Ericson indicated because the permit was acquired before the code changed <br /> the plans could have been completed as submitted. However, the plans changed, and should <br /> have been brought to the City for approval. <br /> Mayor Flaherty questioned if Mr. Downing had made the City aware of the change in height <br /> proposed for the garage and the addition of the dormers. Mr. Downing stated he did not inform <br /> the City of the changes. <br /> Council Member Hull inquired if the Council would be setting precedence by approving this <br /> variance. Planning Associate Heller stated this very well could create precedence. <br /> Mayor Flaherty indicated he was struggling with the fact the garage changes were not brought to <br /> the Council or City prior to being completed. A decision was made by the homeowner to build <br /> the garage bigger than the original plans allowed. City Administrator Ericson clarified that the <br /> original plans would not be consistent with today's code, but were consistent with the code in • <br /> 2007. <br /> Mayor Flaherty questioned what options were available for the garage. Mr. Downing stated the <br /> garage was not built to comply with the 18 foot height restriction. It could not be engineered or <br /> lowered to 18 feet with its current trusses and would therefore need an entirely new roof. He <br /> feared much of the materials would not be salvageable. <br /> Mayor Flaherty feared that a precedence would be set if the variance was approved. It would <br /> open the door for others in the community to build a garage or accessory structure that does not <br /> meet the City's Zoning Code and request a variance after the fact. <br /> Mr. Downing stated he completes construction work in a number of neighboring communities <br /> and he has never heard of a resident being forced to tear down a roof or building structure due to <br /> non-compliance. <br /> Mayor Flaherty asked if the garage complied with the previous code. Planning Associate Heller <br /> stated the garage was nine inches over the previous standard. <br /> Mr. Downing commented that he has a neighbor with a garage the same exact size and height as <br /> his. He questioned if the Council would take action against his neighbor to bring that garage into <br /> compliance. <br /> Mayor Flaherty questioned how many garage building permits were outstanding and could be <br /> 1111 <br />