Minutes - 2001/08/13 - Laserfiche WebLink

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Mounds View City Council August 13, 2001 Regular Meeting Page 9 having the shed where it is. In the Planning Commission's denial, they recommended to the Council that this be denied. City Attorney Riggs stated the Council needs to make findings to establish the hardship. Council Member Thomas asked if hardship guidelines are established. Director of Community Development Ericson stated he could not think of any. Council Member Quick pointed out that oversized garages fall under conditional use permits. David Jahnke, 8428 Eastwood Road, stated he has watched this type of case before and understands the hardships. He said he has heard people say the Council can overturn decisions. He has seen variances given for oversized garages. He gave his opinion that he thought this request should be approved. Mayor Sonterre closed the public hearing at 8:21 p.m. MOTION/SECOND: Quick/Stigney. To Waive the Reading and Approve Resolution 5583, A Resolution Denying a Variance Request. Council Member Marty suggested that if this building was there five to ten years, and a new . owner moved in and didn't want the building, it could be destroyed in moving it four feet. If this request is approved, and new owners moved in, the shed would be considered grandfathered in and the new owners would not have a choice. Council Member Quick stated he could not see the benefit in challenging the Planning Commission. He said he has a shed and it is five feet from the property line. He didn't see why Mr. Baumhoefner couldn't follow the guidelines as other residents do. There is no reason such as a 100-year old oak tree or situations created by subdivisions that this shed would be in the way and did not find reason to grant the request. Council Member Thomas stated she was conflicted. She said she is "a letter of the law" type of person in that when there is a list of criteria, she feels it should be followed. She said she is never in favor of overturning a unanimous decision of our Planning Commission. She continued that on the other hand, this is a neighborhood and the neighbors should have a say in what is going on around them. She stated there is nothing that can be done now, though a policy should be effected stating neighbors could have an influence. Council Member Quick said that if people wanted a say in what happens in their neighborhood, they have the right to run for office. He felt this was an isolated case since there are not a lot of people with this type of situation. He stated that Mr. Baumhoefner was aware of the rules and since he is licensed in several trades, he knows the code should be followed. • Council Member Stigney expressed his view that the City Attorney demonstrated the Council does not have the option to approve the appeal.