Minutes - 2005/09/12 - Laserfiche WebLink

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Mounds View City Council September 12, 2005 Regular Meeting Page 4 • Director Ericson advised that several neighbors contacted Staff with questions and one. is concerned about runoff issues which will need to be addressed. He advised that setbacks comply with Code. Staff and the Planning Commission recommend approval and adoption of the resolution for approval Mayor Marty opened the public hearing at 7:39 p.m. Don Jenkins, 7057 Pleasant View Drive, stated he is the neighbor who is concerned with the runoff. He asked Mr. Rudy to speak on his behalf. Gary Rudy, Creative Real Estate, stated the Jenkins have been in the community for 40 years and are upstanding residents. They are concerned with runoff because the garage footing is at the same elevation as their home. With the frost footing, there will be a 2.5 to 1 slope, which is a steep slope. He stated all the water will run right into the Jenkins house. In addition, people came onto their property and cut their trees. Mayor Marty asked if they cut Mr. Jenkins' trees. Mr. Rudy answered in the affirmative and stated that he is a developer and cannot dump his water onto other's property. He noted the garage roof will probably not have gutters so every bit of water will run into Mr. Jenkins' house. Councilmember Stigney asked if this issue was raised before the Planning Commission. Mr. Rudy stated it was not because he was not aware of the problem until recently. He asked the City • to address Jenkins' concerns so they are not flooded. Councilmember Thomas stated the City certainly wants that issue resolved but it is a separate issue from the item on the agenda, which relates to the size of the garage. Director Ericson stated the property owner to the south contacted Staff after the Planning Commission meeting and said there are issues with the footings and drainage. He stated City Staff can view the site and ascertain what needs to be done so the property to the south is not impacted. He stated that while the two issues are not related, the Council can add a condition to the resolution to require the drainage issues to be addressed for the property to the south. Mr. Rudy asked if the applicant's plan showed elevations. Director Ericson explained that Staff's primary concern is that the structure not be built too low, or too high. He stated it may be that enough attention was not paid to that issue but Staff will assure that whatever needs to be done to protect his property will be done. Mr. Rudy stated this neighbor also encroached the wetland and cut down trees. Mayor Marty stated he raised the issue a while back about adopting a tree ordinance. Currently, there is no such ordinance so the City has no control over a resident cutting down a tree on their private property. He stated that he is concerned with wetland preservation and it was brought to • his attention over the years that certain types of trees need a lot of water so if trees are cut down along a wetland, it may result in more water in the wetland.