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Community Development Director Miller stated that the City did not give permission for that <br />structure either. <br />Councilmember Olson stated that although everything seems to have happened without <br />permission, it appears that it has been going on for years this way, with no problems. She stated <br />that now that Mr. Lee is trying to follow the proper channels the City is trying to deny it. <br />City Attorney Goodrich noted that because this is the City's right of way, the City also has <br />liability, so if this is approved, the City should get some sort of waiver of liability from Mr. Lee. <br />Mayor Gamec stated that if the City allows this, then they can ask the City to plow and maintain <br />the street. <br />Chair Dehen stated that the liability waiver could include that the city wouldn't be responsible <br />for plowing or maintenance. <br />City Attorney Goodrich stated that it could include those as well as tort liability. <br />City Administrator Ulrich asked what the standard setback from an intersection is for a <br />driveway. <br />Public Works Director Olson stated that the standard is 50 feet and it is only 25 feet, as shown. <br />Councilmember Look asked if Mr. Lee would agree to a driveway 50 feet from the intersection <br />and then loop into his area. <br />Mr. Lee stated that he would have to take a look, but thinks with a dogleg turn, he would be able <br />to do it. <br />Chair Dehen confirmed that this would also mean taking out the access at l 67 Avenue. He <br />asked what could be done about the fee issue. <br />Management Intern Gladhill stated that since the Board of Appeals has not met in recent <br />memory, it has not been included on the fee schedule, so they have not charged a fee. <br />Chair Dehen asked what the cost is for a variance. <br />Management Intern Gladhill stated that a variance costs $200, plus $400 in escrow for staff time, <br />processing, mailing or further reviews from agencies such as DNR or MnDOT. He stated that a <br />variance would need to show hardship. <br />Chair Dehen asked if safety would be considered a hardship. <br />Community Development Director Miller stated that safety is not considered a hardship. <br />Board of Appeals / May 27, 2008 <br />Page 5 of 8 <br />