Minutes - 2006/07/10 (2) - Laserfiche WebLink

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Mounds View City Council July 10, 2006 Regular Meeting Page 9 Administrator Ulrich stated that this item is an application for new owners of the restaurant, formerly known as Jakes, for an outdoor liquor sales and consumption permit after the change of the ordinance effective June 4, 2006. Administrator Ulrich stated it is recommended this be approved. Mayor Marty opened the public hearing at 8:02 p.m. Hearing no public input, Mayor Marty closed the public hearing at 8:03 p.m. Mayor Marty stated he thinks it would be a nice addition in the area. MOTION/SECOND: GUNN/THOMAS. To waive the reading and adopt Resolution 6859 an Outdoor Liquor Consumption Endorsement for Moe's located at 2400 Highway 10 in Mounds View. Ayes - 5 Nays - 0 Motion carried. E. 7:25 pm Public Hearing to Consider an Appeal of a Variance Denial for 2,468 Square Feet of Accessory Storage Space at 8135 Long Lake Road, Resolution 6878. Director Ericson stated that this item is an application for an appeal of a variance that was denied by the Planning Commission. He stated the applicants have an existing home with an attached garage and they are proposing an accessory building of 1,620 square feet, which would bring the total accessory feet to 2,416 square feet, which is 668 square feet over the amount of square feet allowed. Director Ericson stated the Planning Commission discussed the hardship criteria and whether or not the code was causing hardship to the property owner of if the property owner himself was causing the hardship. He stated the Planning Commission held a public hearing on the issues and the building would be allowed if there were no other accessory buildings on the lot. He stated that because there is an attached garage, the square footage is over the limit. He stated the Planning Commission felt there was not sufficient information to grant the variance. He stated Mr. Slabiak then submitted the denial appeal to the City Council. Director Ericson stated the Council is bound by the same requirements as the Planning Commission regarding the hardship. He stated the Council does have some ability to look subjectively at the hardship criteria, but that both Staff and the Planning Commission agreed that there was not sufficient hardship to grant the variance. He stated the City has not allowed a variance over 1,800 square feet, which is a very generous amount. Director Ericson stated the request is not typical and approval sets a precedent that is contrary to the purposes of the code. He stated his recommendation is to deny the variance and noted that a drafted resolution is available. He added that Staff notified residents within 350 feet of the public hearing and the applicants are present to discuss their plans with the Council.