HomeMy WebLinkAbout01-06-1993 411/
PROCEEDINGS OF THE PLANNING COMMISSION
CITY OF MOUNDS VIEW
RAMSEY COUNTY, MINNESOTA
Regular Meeting
January 6, 1993
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 7:33
p.m. on January 6, 1993 .
MEMBERS PRESENT: Commissioners Colleen, 2. Roll Call
Miller, Nelson, Peterson, Ruggles,
Stevenson, and Chair Mountin.
ALSO PRESENT: Planner Harrington and
Recording Secretary Asleson.
Motion/Second: Stevenson/Peterson to 3 . Approval of
approve the minutes of December 2, 1992 . Minutes:
December 2,
• 1992
7 ayes 0 nays Motion Carried
There were no resident requests or 4. Resident
comments from the floor. Requests and
Comments
This case was reviewed at the December 2 5. Consideration
and December 16, 1992 Planning Comm- of Resolution
ission meetings. Planner Harrington No. 355-92,
stated that, applying the most lenient Regarding
parking requirements of the code, this Variance
site would require 34 parking spaces to Request of
operate as a bottle shop. The most Simon T. Simon,
recent submittal by the applicant shows 2840 Highway
that there is room for 15 spaces. 10, Planning
Case No. 358-92
The applicant, Simon T. Simon, was
present. He stated that he had attempt-
ed to contact the Highway Department
regarding the use of state right-of-way
for parking. Thus far, officials at
MnDOT have not returned his calls.
Commissioner Stevenson asked the
applicant if there were any other
• Mounds View Planning Commission January 6, 1993
Regular Meeting Page 2
potential spots that would facilitate
parking on this site.
Mr. Simon replied that the only other
spots that might facilitate parking
would be parallel parking spots on the
south side (parallel to Groveland Road)
and by the eastern wall of the building.
Commissioner Stevenson asked about the
13 spaces to be constructed in the back
of the building. When would they be
constructed?
Planner Harrington replied that the
timeline for construction would be
covered in a development agreement. Per
code, an impervious surface would have
to be laid, as gravel is no longer
allowed for new construction.
411 Chair Mountin asked the applicant if he
would consider removing his incinerator
and dumpster enclosure in order to make
more room for parking.
General discussion ensued among the
Commissioners, the applicant, and staff
about the number of spaces that might be
created by removing these items. It was
concluded that by removing these items,
three additional spots could be created,
bringing the total to 18 of 34 required
spaces.
Chair Mountin asked about the
possibility of placing an employee
parking spot on the west side of the
building.
Planner Harrington stated that this kind
of parking space would not allow curbing
on Groveland Road - the current,
uncontrolled access to the site would
remain unchanged.
• Mounds View Planning Commission January 6, 1993
Regular Meeting Page 3
Motion/Second: Ruggles/Stevenson to
approve Resolution No. 355-92, approving
the variance request of Simon T. Simon,
2840 Highway 10.
Commissioner Nelson asked about the
"enforceability" of the statement in the
resolution which would allow the City to
review the variance upon a change in use
of the building.
Planner Harrington stated that he had
spoken with the City Attorney, who
assured him that the City would have the
right to review the variance when the
use changes.
4 ayes 3 nays Motion Failed
This motion failed due to the lack of a
2/3 affirmative majority, as required by
• Chapter 40 of the Municipal Code.
Commissioner Peterson stated that this
was a difficult situation, but he felt
that he had to vote against the variance
because it goes against the Comprehen-
sive Plan's goal of reducing the non-
conforming uses on Highway 10. He felt
that there is adequate parking for the
store now, but that he didn't feel that
there would be enough for the proposed
use if the variance were granted.
Commissioner Miller voted against the
variance because she felt that granting
a parking reduction variance of over 50%
would set a bad precedent for other such
situations in the City.
Chair Mountin had the following reasons
for voting against the variance:
• A use currently exists for this
property. Denial of the variance
will not derive the applicant use
of his property.
•
. Mounds View Planning Commission January 6, 1993
Regular Meeting Page 4
• The variance is not necessarily the
minimum needed to enjoy use of the
property.
• The hardship does result from the
applicant's actions, since he let
the grandfather rights to the
property expire.
• Granting this variance would confer
special rights to Mr. Simon that
are not enjoyed by other properties
in the City of the same type.
• Both the existing and proposed
Comprehensive Plans call for up-
grading Highway 10 properties to
current code standards. If the
City is unable to require that
lapsed non-conforming uses follow
the current code, the goal of a
Highway 10 upgrade is not going to
be achieved. If it is the desire
of the City to allow variances such
• as this one, the goals of the
Comprehensive Plan should be
reevaluated.
Chair Mountin suggested that the
Commission review the Minnesota Land
Planning Act at an upcoming Agenda
Session, in order to review the
relationship between planning actions
and the Comprehensive Plan.
The next case, as reviewed by Planner 6. Consideration
Harrington, was a Conditional Use Permit of Resolution
request to establish a sales and closing No. 356-93,
office at 7295 Silver Lake Road. Items Regarding
submitted since the last agenda session Conditional Use
included a landscape plan approved by Permit request
the City Forester and a parking plan of Birchwood
found to be in conformance with City Realty/Kent
Code. Staff was asked to reference Allen, 7295
these items as exhibits to the proposed Silver Lake
resolution. Road, Planning
Case No. 357-92
It was noted that the applicant, Kent
Allen, was in attendance.
• Mounds View Planning Commission January 6, 1993
Regular Meeting Page 5
Planner Harrington requested that the
individual components of the landscaping
plan be incorporated into the appli-
cant's remodeling plan, referenced in
the proposed resolution as Exhibit 1.
Motion/Second: Stevenson/Nelson to
approve Resolution No. 356-93 ,
recommending approval of the Conditional
Use Permit request for a sales and
closing office at 7295 Silver Lake Road.
7 ayes 0 nays Motion Carried
Planner Harrington noted that, due to 7 . Staff Report
business obligations, Len Burgers had
declined reappointment to another
Planning Commission term. He also
stated that Commissioner Colleen would
be reappointed to another term and
Council Member Pat Rickaby named as
• Council liaison to the Commission on
January 11, 1993 .
Draft copies of the new Comprehensive
Plan were distributed to all
Commissioners. He asked that the
Commissioners read over the document and
bring their comments and concerns to the
January 20, 1993 Agenda Session.
Chair Mountin asked that one of the 8. Reports of
Commissioners attend the January 25, Chair and
1993 Council meeting, since there was no Commissioners
Council liaison present this Planning
Commission meeting. Commissioners
Peterson, Stevenson, and Nelson all
indicated interest in attending and
agreed to make sure that at least one of
them was in attendance on the 25th.
Commissioner Nelson asked Planner
Harrington when the Commission would be
looking at the sign code. Planner
Harrington replied that this would occur
after the recodification was complete.
• Mounds View Planning Commission January 6, 1993
Regular Meeting Page 6
Commissioner Peterson announced that the
Golf Course Task Force would be meeting
on January 14, 1993 at 6: 00 p.m.
The attendance at the December 16, 1992
Agenda Session included Commissioners
Miller, Nelson, Peterson, Ruggles,
Stevenson, and Chair Mountin.
Commissioners Burgers and Colleen had
excused absences.
There being no further business before 10. Adjournment
the Commission, Chair Mountin adjourned
the meeting at 8:47 p.m.
Respectfully Submitted,
/ /-1 // 2
Paul Harrington
City Planner
•
MOUNDS VIEW PLANNING COMMISSION
RESOLUTION NO. 356-93
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RECOMMENDATION TO THE CITY COUNCIL REGARDING
CONDITIONAL USE PERMIT REQUEST BY BIRCHWOOD REALTY
7295 SILVER LAKE ROAD, PLANNING CASE NO. 357-92
WHEREAS, Birchwood Realty has requested City
approval to locate a real estate sales and closing office at
7295 Silver Lake Road; and
WHEREAS, the property is currently zoned B-1,
Neighborhood Commercial District; and
WHEREAS, the Mounds View Municipal Code allows for
certain professional office uses in a B-1 zone district with
the issuance of a conditional use permit; and
WHEREAS, the Planning Commission has determined that
the development proposal is in conformance with the
requirements of the Municipal Code, specifically Chapter 40. 16
Subdivision D (2) .
NOW, THEREFORE, BE IT RESOLVED that the Mounds View
Planning Commission recommends approval of the conditional use
permit with the following conditions:
1. The operation be subject to the staging timeline
provided with the applicants letter of request and
attached to this resolution as Exhibit 1.
2. Landscaping and Parking on the site will be
completed according to the plans received December
21, 1992 by the City of Mounds View and designated
as Exhibits 2 and 3 . The improvements listed on
these plans shall be completed according to the
aforementioned staging timeline.
3 . The Conditional Use Permit shall be recorded with
Ramsey County within 60 days of City Council
approval.
•
RESOLUTION NO. 356-92
• 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 6th day of Januar 1993 .
ATTEST:
C rman
(SEAL) / r_ % %-7/ / //
Planner
EXHIBIT 1
REMODELING
Building remodeling is planned for both the inside and outside of the
building. This remodeling is planned to be done in three stages as
the budget and needs will allow. The following is a breakdown of
planned repairs and improvements by stage.
STAGE ONE INSIDE - to be accomplished within 4 months of closing on
or about June 1, 1993 .
1) gut interior to the exterior walls
2) relocated main breaker boxes, remove excess equipment, rewire
interior to meet current needs
3) add new stud walls
4) ceramic foyer entry
5) linoleum in kitchen/bathroom areas
6) carpet main office
7) new drop ceiling
8) new plumbing and fixtures in rest room
9) new water heater
10) new heating ducts
11) paint interior
12) sheetrock new walls
13) insulate exterior walls
14) telephone system wiring
0 15) neon signs for window (area to be included in the 100 square
foot signage maximum)
STAGE ONE OUTSIDE - to be accomplished within 4 months of closing on
or about June 1, 1993 .
1) site clean-up and debris removal
2) parking lot - remove weeds, patch holes, hot fill cracks, seal
coat parking lot and restripe
3) new sign for building front
4) remove wood structure at rear of building
5) remove graffiti from building
6) repair leaks in roof
7) repair awning and paint to burgundy (same as for sale sign)
8) replace outside overhang lights
STAGE TWO INSIDE - to be accomplished between October 1993 and
December 1994.
1) new interior furnishings
2) finish second rest room
3) wallpaper interior
4) tinting for windows
STAGE TWO OUTSIDE - to be accomplished between October 1993 and
December 1994.
411 1) new freestanding sign
2) flag pole on building
3) install flower beds (petunias) on boulevards
4) redesign and replace concrete apron
5) add new wheelchair access
6) install trees and flowers per the landscaping plan received
December 21, 1992 and referenced in the attached resolution as
Exhibit 2
STAGE THREE INSIDE - to be accomplished in 1995.
1) complete purchase of new furnishings
STAGE THREE OUTSIDE - to be accomplished in 1995.
1) remove bituminous form north side of building and out back to
grass
2) resurface parking lot from rear of building forward excluding
rear lot
3) build airlock entry at building front
4) replace awning cover
5) install shrubs on north side of building (after bituminous is
removed) , per the landscaping plan received December 21, 1992
and referenced in the attached resolution as Exhibit 2
IIIAll repairs and improvements to be in compliance with existing city
codes. Repairs to be performed by the owner or licensed contractors
when required.