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HomeMy WebLinkAbout11-04-1992 • PROCEEDINGS OF THE PLANNING COMMISSION CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting November 4, 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: 32 p.m. on November 4, 1992. MEMBERS PRESENT: Commissioners Burgers, 2 . Roll Call Miller, Nelson, Peterson, Ruggles, Stevenson, and Chair Mountin. Commissioner Colleen had an excused absence. ALSO PRESENT: Planner Harrington, Recording Secretary Asleson, and Councilmember Blanchard. • Motion/Second: Burgers/Peterson to 3 . Approval of approve the minutes of October 7, 1992 Minutes: as amended at the October 21, 1992 October 7, 1992 Agenda Session. There were no resident requests or 4. Resident comments from the floor. Requests and Comments From The Floor Planner Harrington reviewed Planning 5. Consideration Case No. 352-92 , request for a minor of Resolution subdivision at 8419 Groveland Road. The No. 348-92, lot would be split into two parcels with Regarding Minor a ten foot utility easement on the Subdivision property line running between them. All Request of Dale requirements of Chapter 42, "Subdivision Halgren, 8419 Regulations" have been met by the Groveland Road, applicant. Planning Case No. 352-92 It was noted that Dale Halgren, the applicant, was present and that he had received a copy of the proposed resolution. • Mounds View Planning Commission November 4, 1992 Regular Meeting Page 2 Motion/Second: Miller/Nelson to approve Resolution No. 348-92 , recommending approval of the minor subdivision request at 8419 Groveland Road. 7 ayes 0 nays Motion Carried Planning Case No. 353-92, was reviewed 6. Consideration by Planner Harrington. The applicant of Resolution would like to construct a shed at a 5' No. 349-92, front yard setback where a 30' setback Regarding is required. Because the property is a Variance corner lot, both the east and south Request of sides of the property are considered to Roger Westphal, be front yards. 8232 Greenwood Drive, Planning As was discussed at the previous Agenda Case No. 353-92 Session, the applicant has already poured a 12' by 20' concrete slab in the location where the shed is proposed to be located. While the applicant did • consult the City about setbacks prior to the pouring of this slab, he did not obtain a building permit to begin the work. He would now like a variance to build the shed where the concrete slab is poured. The applicant, Roger Westphal, said that there had been misunderstandings between him and the City regarding the setbacks. He stated that he is a contractor himself and realizes that building permits need to be obtained; he came in the day after the slab was poured without staff having to ask him. He indicated that he didn't intentionally go without a permit - because he thought that it was going to rain and his son had the materials, he went ahead and poured the slab and got the necessary permit the next day. Chair Mountin stated that when this was discussed at the previous Agenda Session, the applicant was told that he 411 would need to present a hardship statement (not an economic hardship) in Mounds View Planning Commission November 4, 1992 Regular Meeting Page 3 order for the Commission to grant the variance. Commissioner Burgers, who was absent at the Agenda Session, asked if reasonable alternatives to the proposed site had been discussed. Chair Mountin stated that this had been discussed and the conclusion was that because of other items on the site (patio, in-ground pool, gazebo) there was no other spot to place a shed. However, this cannot be considered a hardship since the applicant has chosen to have these items in his lot rather than the crowded conditions being something beyond his control. Mr. Westphal told the Commission that • because of the City's parking ban, he and his wife need to park both of their cars in the garage and build a utility shed to store all the things currently in their garage. The garage is also needed to protect his car from vandalism and so that Mrs. Westphal does not have to walk from the street to the house when she gets home from work late. Motion/Second: Miller/Burgers to deny the variance request to allow a shed at a 5' setback at 8232 Greenwood Drive. 7 ayes 0 nays Motion Carried Mrs. Westphal asked if the Commissioners had actually seen the property. All commissioners indicated that they had been to the site. a iMounds View Planning Commission November 4, 1992 Regular Meeting Page 4 The final case also involved a variance 7. Consideration request at a corner lot. Planner of Resolution Harrington explained that the applicant No. 350-92, wanted to build a garage at a front yard Regarding setback of 19' where a 30' setback is Variance required. Per Planning Commission Request of Al direction, staff went to the site and Matheson, Jr. , shot grade elevations from Jackson 2296 Pinewood Street and from County Road I to the Drive, Planning spot where a garage could be built at a Case No. 354-92 proper setback. These elevations showed a one and a half foot drop if the garage were detached from the house with a connecting breezeway. The applicant would need to install footings in order to construct either an attached or a detached garage. Planner Harrington reported that he had consulted City Engineer Minetor about this case. Mr. Minetor was concerned • about possible drainage problems that might occur if the variance were approved and the garage built as presented by the applicant. Also, if the driveway is built as proposed, the driveway parking stalls would be shorter than a standard 9 x 20 parking space. The applicant, Al Matheson, said that he has had some minor problems with water in the past. He also stated that he would 'refer to build an attached garage rather than a detached garage with a breezeway. The cost of the footings would not be worth it to him if the garage were detached. Chair Mountin said that while there may be some hardship aspects to this case (road on 3 sides of the home, water detention holding area in backyard, etc. ) the applicant's preference for an attached garage over a detached garage cannot be considered a hardship. Mr. Matheson indicated his other concerns about building a detached 411 Mounds View Planning Commission November 4, 1992 Regular Meeting Page 5 garage behind his house. The main reason he's against the idea is that if the garage were built detached behind the house, the roof line would be all that could be seen from the dining room window. He was also concerned about taking up all the room in his backyard with a garage. Chair Mountin contended that these concerns have to do with aesthetics - which the Planning Commission cannot consider a hardship. The configuration in the yard may be unique, but a detached garage is a reasonable alternative. The applicant stated that he wants to be able to sell his house someday and he won't be able to do that if he has no • backyard. If he built a detached garage behind his home, he wouldn't have much of a yard left - the back 30' of his yard is low-land. Commissioner Nelson said that he thought this was a reasonable request given the make-up of the lot. He questioned the reasonableness of making the applicant build a breezeway. Commissioner Ruggles spoke in favor of granting the variance. The applicant's back yard fills with water each spring and kids need a space to play. Commissioner Peterson said that he believes the lot to be truly unique. However, he wondered if perhaps a lesser variance could be granted? Commissioner Miller stated that while she saw the uniqueness of this situation, she wondered if the variance wouldn't create new problems (such as the short driveway parking spot) . Mounds View Planning Commission November 4, 1992 Regular Meeting Page 6 Commissioner Stevenson said that he sees the need for a variance, although he'd like to see the garage moved further back from the street - at least 23' if possible. Commissioner Burgers said that he didn't see a reason to make the applicant change his setback plans. He said that while alternatives to the applicant's plan do exist, he questions whether the alternatives are any better than the variance request. Commissioner Burgers also felt that this variance can be justified because the lot is so unique and that there would be no special privilege being conferred upon the applicant. Chair Mountin's opinion was that the • alternatives presented to the Commission are reasonable even though the property is unique. Motion/Second: Ruggles/Nelson to approve a variance to allow a garage at a 19' front yard setback at 2296 Pinewood Drive. 6 ayes 1 nay Motion Carried Chair Mountin voted against approving the variance, as she feels that since there was a reasonable alternative of a detached garage, an 11' variance is not the minimum needed to alleviate the applicant's hardship. There was no staff report. 8. Staff Report Chair Mountin asked about the status of 9. Reports of the outdoor storage of vehicles at Chair and Bumper to Bumper. Planner Harrington Commissioners indicated that he would be meeting with representatives from Bumper to Bumper to address the situation. Mounds View Planning Commission November 4, 1992 Regular Meeting Page 7 Commissioner Miller asked about the status of the lighting at Hardee's. Planner Harrington replied that Hardee's had readjusted their lighting, although they had not removed the flags that were causing the disturbance. Commissioner Peterson reminded the Planning Commission that the Golf Course Task Force would be meeting the following evening, November 5, 1992 at 6:00 p.m. in the Council Chambers. Chair Mountin congratulated Councilmember Blanchard on her recent re-election to another Council term. There being no further business before 10. Adjournment the Commission, Chair Mountin adjourned the meeting at 8:44 p.m. • Respectfully Submitted, / / / /1-7 Paul Harrington City Planner iMOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 348-92 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF THE MINOR SUBDIVISION REQUEST OF DALE HALGREN, 8419 GROVELAND ROAD, PLANNING CASE NO. 352-92 WHEREAS, the Mounds View Planning Commission has reviewed the proposed minor subdivision request by Dale Halgren for the property located at 8419 Groveland Road, legally known as: Lot 1, Block 1 Dalberg's Sunnyside Estates; and WHEREAS, the applicant has provided the attached Certificate of Survey dated September 23, 1992 , showing two(2) parcels; and WHEREAS, each of the proposed lots meet minimum lot standards as set forth in Chapters 40 and 42 of the Mounds View Municipal Code. • NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission recommends approval of the minor subdivision request by Dale Halgren, 8419 Groveland Road, contingent upon the following: 1. The applicant pay the park dedication fee of $100. 00. 2 . This resolution and Certificate of Survey be recorded with Ramsey County within sixty (60) days of final adoption. 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 4th day of November, 1992. ATTEST: Cha rm- / (SEAL) 411 Planner 411 MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 349-92 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION DENYING THE SETBACK VARIANCE REQUEST BY ROGER WESTPHAL, 8232 GREENWOOD DRIVE, PLANNING CASE NO. 353-92 WHEREAS, the Mounds View Planning Commission has reviewed the request of Roger Westphal for a variance to allow the construction of a 16'x 20' accessory building at a five foot (5' ) front yard setback where a thirty foot (30' ) setback is required by Municipal Code; and WHEREAS, the Planning Commission has reviewed the criteria used to evaluate all variance requests; and WHEREAS, the applicant has presented a hardship statement to the Planning Commission; and WHEREAS, the literal interpretation of the provisions of this code would not deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Code; and WHEREAS, the special conditions of the property do result from the actions of the applicant; and WHEREAS, granting the variance would confer special privileges on the applicant that are not enjoyed by other property owners in the same district; and WHEREAS, the variance requested is not the minimum necessary to alleviate the hardship. NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission denies the request of Roger Westphal, 8232 Greenwood Drive for a twenty-five foot (25' ) variance into the front yard setback. Adopted this 4th day of November, 1992 . ATTEST: /f leiLC�' LCL- Chairma (SEAL) 411 ( Planner • MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 350-92 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING SETBACK VARIANCE REQUEST BY AL MATHESON, JR. 2296 PINEWOOD DRIVE, PLANNING CASE NO. 354-92 WHEREAS, the Mounds View Planning Commission has reviewed the request of Al Matheson, Jr. for a variance to allow the construction of a garage at a nineteen (19' ) front yard setback where a thirty foot (30') setback is required by Municipal Code; and WHEREAS, the Planning Commission has reviewed the criteria used to evaluate all variance requests; and WHEREAS, the applicant has presented a hardship statement to the Planning Commission; and WHEREAS, the literal interpretation of the provisions of this code would deprive the applicant of rights commonly • enjoyed by other properties in the same district under the terms of this Code; and WHEREAS, the special conditions of the property do not result from the actions of the applicant; and WHEREAS, granting the variance would not confer special privileges on the applicant that are not enjoyed by other property owners in the same district; and WHEREAS, the variance requested is the minimum necessary to alleviate the hardship. NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission approves the variance request of Al Matheson, Jr. for an eleven foot (11') variance into the front yard setback. Adopted this 4th day of November, 1992 . ATTEST: 44L4L Ca� (SEAL) • // f P1/er / /