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HomeMy WebLinkAbout07-01-1992 PROCEEDINGS OF THE PLANNING COMMISSION CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting July 1, 1992 Mounds View City Hall 2401 Highway 10, Mounds View, MN 55112 The Mounds View Planning Commission was 1. Call To Order called to order by Chair Mountin at 7 : 31 p.m. on Wednesday, July 1, 1992 . MEMBERS PRESENT: Commissioners Burgers, 2 . Roll Call Colleen, Miller, Nelson, Peterson, Stevenson, and Chair Mountin. Commissioner Ruggles had an excused absence. ALSO PRESENT: Planner Harrington, Councilmember Blanchard, and Recording Secretary Asleson. Motion/Second: Stevenson/Miller to 3 . Approval of 4110 approve the minutes of July 1, 1992 . Minutes: July 1, 1992 7 ayes 0 nays Motion Carried There were no resident requests or 4. Resident comments from the floor. Requests and Comments from the Floor Planner Harrington summarized Planning 5. Consideration Case No. 338-92 , request for a Con- of Resolution ditional Use Permit for a Residential No. 340-92, Dog Kennel at 8261 Red Oak Drive. In Regarding order to grant a Conditional Use Permit Conditional Use of this type, an applicant must meet the Permit for criteria listed in the Municipal Code. Residential Because many of the factors in a case Dog/Cat Kennel, such as this are visual, the Commiss- 8261 Red Oak ioners had agreed at their last Agenda Drive Session to drive by the site to check it against the criteria in the Code. Chair Mountin asked about the status of the applicant's petition. Planner Harrington indicated that while the petitions are needed to set a Public Mounds View Planning Commission Jul y 1, 1992 Regular Meeting Page 2 Hearing date, they are not a consider- ation at Planning Commission level. The applicant, Mary Niezgocki, was present and wished to explain the complaints that were on file with the Police regarding her dogs. She first wanted to clarify that of the four dogs referenced in one of the complaints, two were still puppies at the time, so she wasn't out of compliance with any codes. In regard to the barking complaints, the applicant stated that she had been un- aware that there was a problem until her neighbors called the police. Her neighbors had not told anyone that the dogs were being bothersome. The dogs are now being kept inside; the person who filed the complaint has since signed the applicant's petition for the Kennel. • The applicant also wished to address the incident of July 4, 1990. The family was away on vacation and had kenneled the dogs, but the neighbors had given a loud party, which got the dogs upset. Ms. Niezgocki indicated that one of the two offending dogs has since been "de- barked" and that eventually, she would like to put a privacy fence up on the side of their property. They want to be good neighbors and to contribute to the upkeep of the neighborhood. Chair Mountin noted that there have been no complaints regarding these dogs in the past 13 months. Commissioner Colleen asked the applicant about breeding on the site. Ms. Niezgocki indicated she breeds one to two litters of collies per year, although that will probably slow down now since her dogs are getting older. The puppies are kept inside at night. . Commissioners Colleen and Miller stated that they had driven by the site and • Mounds View Planning Commission July 1, 1992 Regular Meeting Page 3 were impressed by its well-maintained appearance. Commissioner Burgers asked about the criteria that needed to be considered, specifically the section in the code which mentions screening - is value depreciation the only reason for requiring screening? Commissioner Peterson stated that Chapter 91 ("Animals") also addresses the issue of screening. Planner Harrington stated that the Commission must use the criteria in Chapter 40 ("Zoning") in considering whether to grant a Conditional Use Permit. Chapter 91 is used for enforce- ment once the kennel is established. Chair Mountin suggested that the • resolution indicate that the applicant has remedied all past problems and that no complaints have been received on her dogs in the past year. She also sug- gested adding a one year review clause, such as is done with C.U.P. 's for car washes, gas stations, and the like. Commissioner Peterson suggested adding a requirement to provide for an adequate means to restrain the animals on site. Motion/Second: Millcr/Colleen to approve Resolution No. 340-92 (with amendments) recommending approval of a Conditional Use Permit for a Residential Dog Kennel at 8261 Red Oak Drive. 7 ayes 0 nays Motion Carried Planner Harrington stated that the next case, Planning Case No. 340-92, is sim- ilar to the one just discussed; the applicant wishes to keep four dogs in a Residential area, which requires a • Conditional Use Permit. • Mounds View Planning Commission July 1, 1992 Regular Meeting Page 4 Martha Madison, 5200 Jeffery Drive, was 6. Consideration present to represent the applicant. She of Resolution had the following remarks to make in No. 341-92, regard to police reports on her dogs: Regarding Conditional Use In regard to the woman who was bit on Permit Request the lip by one of her dogs, Ms. Madison for Residential stated that she didn't think that the Dog/Cat Kennel cut was all that bad. She said that she at 5200 Jeffery didn't know who had filed the Police Drive report, so the condition of the woman is her word against that of the Police. Kids have been teasing her dogs and opening the gate to let them out, although it was her husband who left the gate open on the day that the woman was bit on the lip. Someone else's dogs are doing all the barking in her neighborhood. Her dogs are kept inside when no one is at home. • Commissioner Stevenson stated that he is concerned about the recent complaints received about the Madison's loose dogs. The Police have received loose dog complaints in October 1991, January 1992, and March 1992 . He stated that the dogs are obviously not under control and that this is a concern given all the children that live in the neighborhood. Ms. Madison said that her dogs (3 Boxers and a Lhasa) are not aggressive by nature. Commissioner Colleen asked if the dogs could reach the top of the fence and gate when they are standing. Ms. Madison stated that this was possible. Commissioner Burgers asked if the family bred their dogs for show. Ms. Madison said that the dogs are only family pets. Commissioner Peterson expressed concern • over the recent loose dog complaints. He believed that the method being used to restrain the dogs was not working. Mounds View Planning Commission July 1, 1992 • Regular Meeting Page 5 Motion/Second: Burgers/Colleen to table consideration of this case and to con- tinue discussion at the July 15, 1992 Agenda Session. 7 ayes 0 nays Motion Carried Commissioner Burgers asked Ms. Madison if she had made any effort to resolve the complaints about her dogs with her neighbors. Ms. Madison said that she had not done this. She also stated that her dogs weren't the only dogs running in the neighborhood. Chair Mountin asked if the Community Service Officer (CSO) could go to the site to comment on the adequacy of control measures. • Commissioner Stevenson also wanted the CSO to address the issue of the size of the yard relative to the number and size of the dogs contained within it. Planner Harrington expressed concern over having the CSO make a value judge- ment on this case. He explained that the CSO is an enforcement official who can only demand that codes be followed. She can, however, go to the site to inspect its physical condition. The final item, Planning Case No. 347- 7. Consideration 92, request for Conditional Use Permit of Resolution for an oversized accessory building at No. 342-92, 7074 Knollwood Drive, was reviewed by Regarding Planner Harrington. The applicants plan Conditional Use to build a new garage and use the Permit Request existing 216 foot garage as a shed. for Oversized Accessory The applicants, Patrick and Cathy Building at Stampfle, were present. They indicated 7074 Knollwood that they were aware that they would Drive need to move the existing driveway . surface and that they could not store motorized vehicles in the building once it was converted to a shed. • Mounds View Planning Commission July 1, 1992 Regular Meeting Page 6 Planner Harrington noted that, contrary to plans seen previously by the Com- mission, the new garage would be built at six feet away from the house, as required by the Uniform Building Code. Motion/Second: Nelson/Burgers to approve Resolution No. 342-92, recom- mending approval of a Conditional Use Permit for oversized accessory building at 7074 Knollwood Drive. A friendly amendment to the resolution was made by Commissioner Stevenson, and accepted by the maker and seconder of the motion, to include a provision for an environmentally safe removal of the existing driveway. 7 ayes 0 nays Motion Carried Staff wished the Commission a safe and 8 . Staff Report . happy Fourth of July holiday weekend. The attendance at the June 17, 1992 9 . Report of Chair Agenda Session included Commissioners Colleen, Miller, Nelson, Peterson, Ruggles, and Stevenson. Chair Mountin and Commissioner Burgers had excused absences. There being no further business before 10. Adjournment the Commission, Chair Mountin adjourned the meeting at 8 :38 p.m. Respectfully Submitted, /- /- Paul Harrington City Planner • • RESOLUTION NO. 340-92 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF THE REQUEST BY MARY NIEZGOCKI FOR A CONDITIONAL USE PERMIT TO ALLOW A RESIDENTIAL DOG KENNEL ON HER PROPERTY AT 8261 RED OAK DRIVE PLANNING CASE NO. 338-91 WHEREAS, the Mounds View Planning Commission has reviewed the request of Mary Niezgocki for a Conditional Use Permit to allow the establishment of a residential dog kennel at 8261 Red Oak Drive; and WHEREAS, the Planning Commission has reviewed the Mounds View Municipal Code and recognizes that the Code allows for residential dog kennels with a Conditional Use Permit; and WHEREAS, Chapter 40.25 Subdivision C (1-6) outlines the criteria by which all Conditional Use Permit requests are reviewed; and WHEREAS, complaints received on the site have been remediated and no new complaints have been received in the past • year. NOW, THEREFORE BE IT RESOLVED that the Mounds View Planning Commission recommends to the City Council approval of the requested Conditional Use Permit based upon the following: 1. The use will not create an excessive burden on existing parks, schools, streets and other public facilities and utilities which serve or are proposed to serve the area. 2 . The use will be sufficiently compatible or separated by dis- tance or screening from adjacent residentially zoned or used land so that existing homes will not be depreciated in value and there will be no deterrence to development of vacant land. 3 . The structure and site have an appearance that will not have an adverse effect upon adjacent residential properties. 4 . The use is consistent with the purposes of the Zoning Code and the purposes of the zoning district in which the applicant intends to locate the proposed use. 5 . The use is not in conflict with the Comprehensive Plan of the City. • 6. Adequate utilities, access roads, drainage and necessary facilities have been provided. BE IT FURTHER RESOLVED that the Planning Commission . recommends approval with the following conditions: 1. Adequate facilities continue to be provided for the humane treatment of the animals. 2 . Control and restraint of the animals continue to be provided on the kennel site. 3 . After a period of one year, the Conditional Use Permit will be subject to review. BE IT FINALLY RESOLVED that the Planning Commission directs Staff to forward this resolution to the City Council prior to approval of the minutes. Adopted this 1st day of July, 1992 . (ATTEST) L Ch- irm- (SEAL) - • Planner • A MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 342-92 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF THE REQUEST BY PATRICK AND CATHY STAMPFLE FOR A CONDITIONAL USE PERMIT TO ALLOW AN OVERSIZED ACCESSORY BUILDING ON THEIR PROPERTY AT 7074 KNOLLWOOD DRIVE, PLANNING CASE NO. 347-92 WHEREAS, the Mounds View Planning Commission has reviewed the request of Patrick and Cathy Stampfle for a conditional use permit to allow an oversized accessory building in the rear yard of their property at 7074 Knoliwood Drive; and WHEREAS, the Planning Commission has reviewed the Zoning Code and recognizes that the Code allows a 400 square foot accessory building with a conditional use permit; and WHEREAS, the proposed accessory building is 280 square feet which is within the square footage allowed with a conditional use permit; • NOW, THEREFORE BE IT RESOLVED that the Mounds View Planning Commission recommends to the City Council approval of the requested Conditional Use Permit contingent upon the following: 1. The Conditional Use Permit is recorded with Ramsey County. 2 . The building shall be maintained to provide a uniform appearance with the dwelling unit. 3 . The accessory building does not exceed 400 square feet. 4 . The only vehicles that may be stored in the accessory building are licensed collector vehicles. 5 . The accessory building must conform with sections 40. 04, Subd. F and 40. 10, Subd. C(2) of the Zoning Code. 6. Should the use for which the permit was granted be changed, the permit shall be subject to reconsideration, revocation or other action as regulated by Chapter 40.25 of this Code. 7. The existing driveway shall be removed and disposed of in an environmental manner. a RESOLUTION NO. 342-92 • PAGE TWO BE IT FINALLY RESOLVED that the Planning Commission directs Staff to forward this resolution to the City Council prior to approval of the minutes. Adopted this 1st day of July, 1992 . ATTEST: / fes.i,. L/ Chairma (SEAL) i _ • �f. //// ( _ City Planner / 4 •