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HomeMy WebLinkAbout11-03-1993 PROCEEDINGS OF THE PLANNING COMMISSION 1CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting November 3, 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 Peterson at 7: 35 p.m. on November 3, 1993 . MEMBERS PRESENT: Commissioners Nelson, 2 . Roll Call Ruggles, Stevenson, Colleen, Miller, and Chair Peterson. ALSO PRESENT: Planner Harrington, Recording Secretary Asleson, and Councilmember Trude. Motion/Second: Stevenson/Nelson to 3 . Approval of approve the minutes of October 6, 1993 Minutes: as amended. October 6, 1993 • 6 ayes 0 nays Motion Carried There were no resident requests or 4 . Resident comments from the floor. Requests and Comments The applicant, Victoria Bowers, was 5. Consideration present. of Resolution No. 368-93 Planner Harrington explained that Ms. Regarding Bowers was applying for a Conditional Conditional Use Use Permit which will allow her to keep Permit Request three dogs at her home at 8351 Groveland for Residential Road. A background check showed that no Dog Kennel at complaints related to animals have been 8351 Groveland documented by the Police Department. Road, Planning Ms. Bowers is meeting the provisions of Case No. 369- the Conditional Use Permit by providing 93 . indoor shelter for the dogs and by erecting a fence on her property to provide for control and restraint of the dogs. In one year, the Conditional Use Permit will be subject to review to ensure compliance. Commissioner Nelson asked about the • review process. ounds View Planning Commission November 3, 1993 gular Meeting Page 2 Planner Harrington explained that a staff member will inspect the site and provide a report to the Commission. If the inspection reveals problems, the Conditional Use Permit will be subject to further review or revocation. Motion/Second: Nelson/Stevenson to approve Resolution No. 368-93, recommending approval of the Conditional Use Permit request for residential dog kennel at 8351 Groveland Road. 6 ayes 0 nays Motion Carried Planner Harrington explained the 6. Consideration subdivision plat had changed somewhat of Resolution from the version presented at the No. 369-93 previous Work Session. The revised plat Regarding Major contains four lots and an outlot, and Subdivision meets all other requirements of the code Request of Doug with respect to subdivisions. Watson, III Planning Case It was noted that the applicant, Doug No. 370-93 Watson, was present. Commissioner Stevenson asked that copies of the revised plat be available for the next Golf Course Task Force meeting. Motion/Second: Miller/Ruggles to approve Resolution No. 369-93, recommending approval of the major subdivision request of Doug Watson. 6 ayes 0 nays Motion Carried Planner Harrington reviewed memos from 7 . Consideration City Forester Wriskey, Public Works of Resolution Supervisor Ulrich, and Consulting No. 370-93 , Engineer Keehn regarding the recommended Regarding requirements for the variance at Variance Robert's Off 10, 2400 County Road H2 . Request of Robert's Off Chair Peterson asked if the applicant Ten, 2400 planned to build a fence along the south County Road H2, line of the property. Planning Case No. 363-93 • Planner Harrington replied that the Commission could either grant a variance for a six foot fence at the same time ounds View Planning Commission November 3 , 1993 gular Meeting Page 3 that the setback variance is granted or the six foot fence could be a contingency of the setback approval. The applicants, Robert and Greg Waste, were in attendance. Greg Waste indicated that he has been working with the neighbors on this and that they are in favor of the six foot high fence. Commissioner Ruggles asked what kind of a hardship statement the applicant was making. Chair Peterson stated that this case is a bit unusual in that the parking problems at Robert's are more of a hardship on the neighborhood than a physical property hardship. Commissioner Nelson expressed concerns about the storm sewer run-off - if the • added burden of water damages the storm sewer, would the City be financially responsible? Greg Waste stated that if the City requires gating, it will actually lessen the burden on the storm sewer from existing levels. Planner Harrington clarified that this particular area of the City has a very limited storm sewer capacity. It cannot handle the run-off from 100 year storm levels; however, adding the additional parking will not add to the problem if the gating control measures are installed. Commissioner Nelson commented that while the gating control measures may decrease the water discharge rates, they will not keep out the additional pollutants that will results from the extra run-off. Commissioner Stevenson noted that the water capacity is already a problem that • the City Council will have to address. The question in his mind was whether the unds View Planning Commission on November 3, 1993 gular Meeting Page 4 Commission should be allowing extra parking at this establishment. Robert Waste stated that the bar has an occupancy maximum of 515 people. If a person assumes one and a half people per car, the added 50 spaces will still only allow enough off-street parking for 275 people. Greg Waste stated that the bar has never had a capacity crowd since the City imposed restrictions on off-street parking last year. The discussion shifted back to the issue of water management, specifically the effect that the extra impervious surface would have upon area ponding and pollution levels in the ponding. Greg Waste stated that the only time that cars will be parked on the extra spaces is on Friday and Saturday nights and that he did not feel that there would be ill substantial pollutant drainage from cars to cause the denial of the variance. He is trying to solve the parking problem that occurred when the City imposed on- street restrictions. Chair Peterson asked about the Surface Water Management Plan and when Edgewood storm sewer capacity would be improved. Councilmember Trude stated that the area is listed as a high priority after the . . . _ , actual water run-off in homes. Commissioner Ruggles questioned the • principle of denying Robert's this parking area because of an inadequate drainage system. The building was there before current code - isn't it now "grandfathered"? Planner Harrington explained that since Robert's is proposing to alter their "grandfathered" condition, the alter- ation must comply with current codes. • ounds View Planning Commission November 3, 1993 gular Meeting Page 5 Chair Peterson asked the Commissioners for their reactions to the case thus far: Commissioner Miller felt that the City had created the hardship by restricting parking on Clearview and Edgewood. Commissioner Stevenson stated that the City created an economic hardship for the bar by responding to the residents of the neighborhood. Commissioner Nelson felt that the applicant had met all hardship criteria, but would be more comfortable if the Rice Creek Watershed District could review the proposal. Commissioner Ruggles stated that he is more concerned about Mounds View's criteria. than Rice Creek's opinion. The • applicant has proven hardship; the variance should be granted. Commissioner Colleen felt that the neighborhood as a whole would be improved by granting this variance. Chair Peterson said that there are no grounds for the variance if you consider the site alone, but that he feels there is a hardship for the entire neighbor- hood that was created by the City. The Commissioners discussed the timeline for the proposed construction of the parking versus the amount of time required for Rice Creek Watershed review. Motion/Second: Ruggles/Colleen to approve Resolution No. 370-93 , approving the variance request of Robert's Off 10, 2400 County Road H2 . Motion Carried 6 ayes 0 nays 8 . Staff Report IIIThere was no staff report. unds View Planning Commission on November 3 , 1993 gular Meeting Page 6 Chair Peterson reported that the Golf 9 . Report of Chair Course Task Force would be meeting on November 4th at 6: 00 p.m. to discuss course financing, land acquisition, and clubhouse architect. Attendance at the October 20, 1993 Agenda Session included Commissioners Nelson, Miller, Ruggles, and Chair Peterson. Commissioners Stevenson and Colleen had excused absences. There being no further business before 10. Adjournment the Commission, Chair Peterson adjourned the meeting at 9:45 p.m. Respectfully Submitted, r r-�� .//' #.--/ 74-27 (---. / , / - III ` Paul Harrington City Planner I RESOLUTION NO. 368-93 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF THE REQUEST BY VICTORIA BOWERS FOR A CONDITIONAL USE PERMIT TO ALLOW A RESIDENTIAL DOG KENNEL ON HER PROPERTY AT 8351 GROVELAND ROAD, PLANNING CASE NO. 369-93 WHEREAS, the Mounds View Planning Commission has reviewed the request of Victoria Bowers for a Conditional Use Permit to allow the establishment of a residential dog kennel at 8351 Groveland Road; 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. 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 distance 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. 0 RESOLUTION NO.. 368-93 PAGE TWO 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 3rd day of November, 1993 . (ATTEST) : • Pet 9 Chairni n (SEAL) 7-1;74 //t7 Planner • MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 369-93 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF A MAJOR SUBDIVISION FOR DOUG WATSON, PLANNING CASE NO. 370-93 WHEREAS, Doug Watson has requested approval of a major subdivision for the property legally known as: THAT PART OF THE N 1/2 OF THE NW 1/4 OF S 5 T 30 R23 , RAMSEY CNTY, MN, LYING ELY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE NE CORNER OF SD N 1/2 , THENCE N 89 DEG 52 MIN 38 SEC W, ASSUMED BEARING, ALONG THE N LINE OF SD N 1/2 A DIST 467 FT TO PT OF BEG; THENCE S 13 DEG 20 MIN 00 SEC W A DIST OF 1190 FT;THENCE_ S 12 DEG 10 MIN 00 SEC W A DIST OF 370 FT; THENCE S 48 DEG 00 MIN 00 SEC E A DIST OF 620 FT; THENCE S 21 DEG 30 MIN 00 SEC E A DIST OF 61. 92 FT TO A PT ON THE S LINE OF SD N 1/2 DISTANT 363 . 14 FT W FROM THE SE CORNER OF SD N 1/2 AND THERE TERMINATING WHEREAS, the plat is shown as North Star Industrial Park, 2nd Addition, and dated May 14 , 1987 and revised May 18 , ; 41, 1987; November 11, 1987 and October 15, 1993 ; and WHEREAS, the Planning Commission has reviewed the applicant's request for a major subdivision that includes four (4) lots and one (1) outlot and found that it is in conformance with all applicable sections of the Mounds View Municipal Code; and WHEREAS, Outlot A as indicated on the Plat will be dedicated to the City of Mounds View for use as ponding easement area. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Mounds View recommends approval of the major subdivision request by Doug Watson. 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 3rd day of November, 1993 . ATTEST: D. Chairin w (SEAL) (/777, L ` Planner MOUNDS VIEW PLANNING COMMISSION 411 RESOLUTION NO. 370-93 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A VARIANCE TO ALLOW FOR A REDUCTION IN THE REQUIRED SIDE YARD SETBACK FOR PARKING PURPOSES AT 2400 COUNTY ROAD H2 , PLANNING CASE NO. 363-93 WHEREAS, the Mounds View Planning Commission has reviewed the request of Robert's Off 10 for a variance to allow a reduction in the required side yard setback for parking purposes at 2400 County Road H2 ; and WHEREAS, the applicant's property is subject to parking requirements set forth in Chapter 40 of the Mounds View Municipal Code; and WHEREAS, the Planning Commission has reviewed the criteria used to evaluate all variance requests; and WHEREAS, the Planning Commission has considered the hardship which exists on the entire neighborhood as a whole; 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 request of Robert's Off 10 for a reduction in the required side yard setback for parking purposes at 2400 County Road H2 subject to the following conditions: 1) A rate control structure, as recommended by the Mounds View Consulting Engineer, shall be installed to maintain existing discharge rates on the site. • Resolution No. 370-93 VIII Page Two 2). The property owner shall not plow any part of the parking lot to the East boulevard (Greenfield Avenue) . 3) The property owner shall enter into a hold harmless agreement with the City. 4) A six foot high, board-on-board fence shall be constructed and maintained by the property owner along the entire length of the southern-most property line. Adopted this 3rd day of November, 1993 . ATTEST: p 0 Chaff anV (SEAL) • Planner