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HomeMy WebLinkAbout12-06-1989 PROCEEDINGS OF THE PLANNING COMMISSION • CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting December 6, 1989 Mounds View City Hall 2401 Hwy. 10, Mounds View, MN 55112 The Mounds View Planning Commission was called to 1. Call to order by Chair Mountin at 7:37 PM on Wednesday, Order December 6, 1989. MEMBERS PRESENT: Commissioners Jones, Miller, 2. Roll Call Zollner and Chair Mountin. It was noted Commissiner Dian had an excused absence. It was further noted Commissioner Burgers had an unexcused absence. ALSO PRESENT: City Planner Hren and Councilmember Wuori . Motion/Second: Zollner/Jones to approve the 3. Approval of 0 November 1, 1989 and November 15, 1989 minutes Minutes: as presented. November 1 and November 15, 4 ayes 0 nays 1989 Motion Carried There were no residents requests or comments from 4. Residents the floor. Requests and Comments from the Floor Ms.Hren advised this request had not been reviewed 5. Consideration by the Planning Commission at their agenda session. of Resolution She reviewed the request of the applicant for a No. 274-89 variance from the concrete curb and gutter standard. Regarding She advised the ordinance does not specifically Variance Re- state concrete curbing, but the description implies quest of it is concrete. Staff took the request to the City Dynamic Design- Council for interpretation of the ordinance and ers, 7660 the Council determined that concrete curb and gutter Woodlawn Dr. , is the appropriate and standard material in the Planning Case City of Mounds View. The applicant has requested No. 138-83 the variance as he has already installed asphalt. • Art Freetag, a partner in Dynamic Designers, stated it is not specified in the Code. He stated there is a little bit of everything in Mounds View, and Mounds View Planning Commission December 6, 1989 Regular Meeting Page Two 411 they are at the mercy of the Planning Commission. He stated they installed the asphalt in good faith and thought they had met the Code requirements. He added he agrees now the Code does imply concrete, but he did not realize that at the time of installa- tion. He added they would like to get an occupancy permit, as the building is finished and they have two units rented out but cannot allow the renters to move in until this issue is resolved. Ms.Hren reported the development agreement refers back to the site plan, and what was installed is not what was shown on the site plan. She explained B618 is a MnDOT standard for concrete. Chair Mountin stated the request for a variance must be so unique that another one should not be seen in the community, and it cannot be self- created, and it must have unusual and unique circum- stances. A variance cannot be granted based on a monetary hardship. Mr. Freetag stated what is there in asphalt is certainly more servicable than anything else required. • Upon reviewing the plan before the Planning Commission, it was noted it was dated October 30, 1989 and was not the plan the Planning Commission originally approved. Ms. Hren pointed out the Planning Commission based their decision on the specified B618 concrete curb, for a four plex, and she reviewed the resolution which approved the plan. She also provided a copy of the original plan, as submitted by the developer and approved by the Planning Commission, which specified concrete. Mr. Freetag stated he would be willing to replace the asphalt with concrete in the future, if the curbing breaks down. Commissioner Zollner noted this property has a long history of different proposals and working with the Planning Commission. She added it is unfortunate the curb was installed with the improper material, but the site plan as approved called for concrete, and she cannot agree to a variance now. Commissioner Miller stated she agreed, that the site plan provided by the developer specified con- crete. • Commissioner Jones stated he was in agreement with Commissiners Zollner and Miller. Mounds View Planning Commission December 6, 1989 Regular Meeting Page Three . Chair Mountin stated it is unfortunate the asphalt is already installed, and she regrets there does not appear to be a condition on which a variance could be granted. She pointed out the developer did enter into a contract with the City which clearly spelled out concrete as being required. She also explained the appeal process to Mr. Freetag. Ms. Hren stated the Council has the option of granting a certificate of occupancy, and they could choose to grant it temporarily or require a security bond to cover the cost of the work needed to be done. She agreed to forward the information to the Council for the next packet. Motion/Second: Jones/Zollner to adopt Resolution No. 274-89, denying the variance request by Jim Cepress, Dynamic Designers, for alternative curbing materials at 7660 Woodlawn Drive, Planning Case No. 138-83. 5 ayes 0 nays Motion Carried Ms. Hren reported the Planning Commission has not 6. Consideration reviewed this request in an agenda session yet. She of Resolution review the request of the applicant for a waiver of No. 275-89 the moratorium district requirements in order to Regarding . replace an existing sign on the property with another Request of sign. She reported if the moratorium district was Firstar Bank not in place, the proposed sign would meet all to Erect Sign requirements as outlined in Chapter 39, the sign in Moratorium code. She also reviewed the criteria used in the District, 2711 appeal process. Highway 10, Planning Case Jim Werner, branch manager of Firstar Bank, reviewed No. 285-89 their request also. He stated they would like their name and instant cash to appear on the sign, to let people know what is available. He added people do not know they have instant cash, and it is a service for the community to use. Ms. Hren reviewed the timing concerns of the appli- cant in placement of a new sign. Mr. Werner explained the existing sign is plywood, with a light on it, and they would like to upgrade to a slightly larger sign, with better lighting and advertisement of instant cash, and they would like to get it in before the weather turns too cold. The new sign would be 5 ' from the existing sign, on a better foundation, and would be 10 ' x 7 ' , with lights. He added they would like to be identified • as a Firstar bank. Mounds View Planning Commission December 6, 1989 Regular Meeting Page Four • Commissioner Jones pointed out there is an existing sign on the property, and they have previously denied the request of Mid-American Auto for a similar change. Commissioner Miller also pointed out the denial on Mid-American Auto. She stated an appeal could be made to the Council. Based on previous practices, she feels this request must be denied. Commissioner Zollner stated she feels this would be an improvement to the existing sign, but she does not feel the five conditions for an appeal are met. She pointed out they have operated with the existing sign for many years, and it was okay up until now. Commissioner Jones stated the intent of the ordinance is not to stop everything completely. Commissioner Zollner stated they could possibly look at not being able to market new products as a hardship. Commissioner Miller responded she did not see any undue hardship. Chair Mountin stated a waiver would weaken the integrity of the ordinance. • Ms. Hren pointed out the moratorium will end this coming April. Motion/Second: Miller/Zollner to approve Resolution No. 275-89, recommending denial of a request by Firstar Bank for a waiver of the Highway 10 moratorium district requirements, Planning Case No. 285-89. 3 ayes 1 nay Motion Carried Commissioner Jones voted against the motion, stating he does not believe the moratorium is intended to restrict normal operations of businesses in the area, and by denying this, they are restricting the ability to do business. He stated he feels they have demon- strated a reasonable hardship , as the current sign is not clearly readible, and he does not feel approval of this request would have an impact on the integrity of the moratorium. Ms. Hren advised the public hearing before the Council is scheduled for December 11. • Mounds View Planning Commission December 6, 1989 Regular Meeting Page Five • Tim Nelson, of Everest Development, explained he would 7. Consideration be making an informational presentation on Mounds View of Mounds Business Park Phase 3, east and west. View Business Park East and Mr. Nelson made a slide presentation of Mounds View West Business Park, as well as other projects they have done in the metro area, and he reviewed the plans for development of phase 3, east and west. He presented sketches of the site and landscaping plans. Mr. Nelson explained they plan to sit down for a development stage review meeting next Monday, submit everything officially and be placed on the December 20 Planning Commission agenda. This would be a revision to the original Mounds View Business Park PUD, and consists of 21 acres with four proposed buildings. Mr. Nelson reviewed the proposed building layouts, elevations, parking plans, land- scaping, ponding, public improvements and tentative building schedule. Councilmember Wuori reported she was aware of only two complaints concerning trucks going into the resi- dential area on the north end, and both complaints had been handled satisfactorily. • Mr. Nelson advised they have withdrawn their request for a drive opening by Perkins, and instead plan to make that green space. Bill Franke reviewed future plans for the site. Ms . Hren reported the City is doing a survey of the 8. Staff Report residents, and she asked for any feedback or comments from the Planning Commission concerning the proposed questions for the economic development area. Comments should be received back by Staff by December 20. Chair Mountin requested Staff look into the flashing 9. Report of light at the Christmas tree lot at Highway 10 and Chair Silver Lake Road. The attendees at the November 15 agenda session were CommissignersBurgexs, Miller, Zollner and Chair Mountin, City Planner Hren and Councilmember Wuori . Commissioner Dian had an excused absence, and Commissioner Jones had an unexcused absence. Mounds View Planning Commission December 6, 1989 Regular Meeting Page Six • There being no further business before the Planning 10. Adjournment Commission, Chair Mountin adjourned the meeting at 9:47 PM. Respectfully submitted, Michelle Hren City Planner • • RESOLUTION NO. 275-89 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA S RESOLUTION RECOMMENDING DENIAL OF A REQUEST BY FIRSTAR BANK FOR A WAIVER OF THE HIGHWAY 10 MORATORIUM DISTRICT REQUIREMENTS, PLANNING CASE NO. 285-89 WHEREAS, the Mounds View Planning Commission has reviewed the request by Firstar Bank to allow replacement of their existing sign with a new sign on their property located at 2711 Highway, legally known as : SPRING LAKE PARK HILLVIEW EX SWLY 100 FT FOR HWY; LOTS 108, 109, 110 AND 111; and WHEREAS, the Planning Commission has reviewed Ordinance No. 466 addressing Highway 10 moratorium district requirements; and WHEREAS, the Planning Commission has reviewed the appeal provision which is Section 6 of Ordinance No. 466; and WHEREAS, the Planning Commission has determined that the request does not meet the criteria outlined in the appeal provisions ; and • WHEREAS, the Planning Commission states the following reasons for their denial : 1. Lack of demonstrated undue hardship. 2. Approval would impair the integrity of the moratorium district. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Mounds View recommends to the City Council denial of the requested waiver of the Highway 10 moratorium district requirements for Firstar Bank. BE IT FURTHER RESOLVED that the Planning Commission directs Staff to forward this resolution to the City Council prior to approval of the minutes. Adopted this 6th day of December, 1989. ATTEST: 7 • Alidti-/-7;c_ - Cha rm-- . (SEAL) A Pity • anner RESOLUTION NO. 274-89 CITY OF MOUNDS VIEW 410COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION DENYING THE VARIANCE REQUEST BY MR. JIM CEPRESS, DYNAMIC DESIGNERS, FOR ALTERNATIVE CURBING MATERIALS, 7660 WOODLAWN DRIVE, PLANNING CASE NO. 138-83 WHEREAS, the Mounds View Planning Commission has reviewed the request by Mr . Jim Cepress to allow for asphalt curbing at 7660 Woodlawn Drive instead of concrete; and WHEREAS, the Planning Commission has reviewed the criteria for granting a variance per Section 40. 26, Subd. D, "Variances" ; and WHEREAS, the Planning Commission has reviewed the development agreement and the referenced Exhibit 2 site plan, specifically calling out concrete curb; and WHEREAS, the Planning Commission has determined that the request does not meet the criteria for granting a variance; and WHEREAS, the Planning Commission concurs with the City • Council ' s determination that the City Code requires concrete curbing and gutter as the standard material used per. Section 44. 06. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Mounds View denys the requested variance to allow asphalt curbing rather than concrete curbing. BE IT FURTHER RESOLVED that the Planning Commission directs Staff to forward this resolution to the City Council prior to approval of the minutes. Adopted this 6th day of December, 1989. ATTEST: / / /14---47,1Chai man, ria (SEAL) /' / / ' /61QVIL,, City Planner •