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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.