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HomeMy WebLinkAbout11-01-1995 PROCEEDINGS OF THE PLANNING COMMISSION 411 CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting November 1, 1995 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 7:00 p.m. on November 1, 1995 MEMBERS PRESENT: Commissioners 2. Roll Call Stevenson, Miller, Ruggles, Nelson, Colleen, and Chair Peterson. Commissioner Johnston had an excused absence. ALSO PRESENT: Planner Harrington, Councilmember Trude and Recording Secretary Benesch were also present. Councilmember Trude noted a change that 3. Approval of was needed on the second page under Minutes: • Report of Chair, second paragraph to October 4, 1995 read " . . . .announced that she had been contacted by residents who wished to discuss amending of the nuisance ordinance. The Chair noted a full agenda was planned for the next work session" . Motion/Second: Nelson/Colleen to approve the minutes of October 4, 1995, as amended. 6 ayes 0 nays Motion Carried There were no resident requests or 4. Resident comments from the floor. Requests and Comments The applicant, Robert Yentsch, was 5. Consideration present. of Resolution Nos. 427-95, Planner Harrington briefly reviewed this 428-95, and item noting that the applicant proposes 429-95 • to construct driveways at 5308/5312, Regarding 5324/5326 and 5364/5366 Raymond Avenue Variance Requests by Mounds View Planning Commission November 1, 1995 •egular Meeting Page 2 and is requesting less than the five Robert Yentsch, foot setback allowed by Code. 5308/5312, 5324/5326 and Planner Harrington reminded the 5364/5366 Commission that this item was discussed Raymond Avenue, at their October 18th agenda meeting and Planning Case it was concluded that no other Nos. 424-95, reasonable alternative exists and the 425-95 and 426- Commission directed Staff to prepare 95. three resolutions for approval to include a couple of contingencies. The first being that the applicant is to provide a Certificate of Survey for the properties prior to construction of the driveway. It was noted that the applicant was in possession of two surveys and will be obtaining the third. Planner Harrington informed the applicant that building permits could not be issued until the surveys were provided. In addition, the resolution would include that in the event of • necessary City work, costs for repair of that portion of the driveway surface located within the City-maintained easement shall be the responsibility of the property owner. Motion/Second: Nelson/Stevenson to approve Resolution No. 427-95 regarding the variance request of Robert Yentsch, 5308/5312 Raymond Avenue. It was noted by the applicant that, after review of the surveys, it was found that one of the driveways will need to be altered one foot and that one of the buildings is skewed on the property, so the proposed driveway will be adjusted accordingly. 6 ayes 0 nays Motion Carried Notion/Second: Ruggles/Miller to approve Resolution No. 428-95 regarding the variance request of Robert Yentsch, 5324/5326 Raymond Avenue. • 6 ayes 0 nays Motion Carried Mounds View Planning Commission November 1, 1995 Otegular Meeting Page 3 Motion/Second: Miller/Peterson to approve Resolution No. 429-95 regarding the variance request of Robert Yentsch, 5364/5366 Raymond Avenue. 6 ayes 0 nays Motion Carried Planner Harrington informed the applicant that this was the final action for this case and the next step would be the permit process when the additional survey is obtained. The applicant, Larry Beach, was present. 6. Consideration of Resolution Planner Harrington reviewed this item No. 430-95 and reminding the Commission that Mr. Beach 431-95 has made similar proposals in the past. Regarding He noted that Mr. Beach is requesting to Rezoning and rezone Lots 10 and 11, Spring Lake Park Zero Lot Line Knolls, from R-1 to R-2 and that this Subdivision • item meets the criteria required in the Requests by Zoning Code and Comprehensive Plan. Larry Beach, Planner Harrington reminded the Planning Case Commission that, per their direction at No. 428-95 the October 18th meeting, he had prepared Resolution Nos. 430-95 and 431- 95. He advised the Commission that this item will require two actions, the first being the rezoning and then the zero lot line subdivision. Motion/Second: Nelson/Miller to approve Resolution No. 430-95 regarding the rezoning request by Larry Beach for the property located at 2801 and 2809 Bronson Drive from R-1 to R-2 . It was explained that the rezoning will require a public hearing and that the ordinance will require two readings with the publication taking 30 days. 6 ayes 0 nays Motion Carried Planner Harrington continued the • discussion moving to the next request for a zero lot line subdivision. He explained that for side-by-side Mounds View Planning Commission November 1, 1995 4Wegular Meeting Page 4 dwellings, the code allows for zero lot line subdivisions and assured the Commission that the proposed lots meet the minimum lot width of 50 feet. Planner Harrington concluded stating that, again, this item was very similar to previous cases approved for Mr. Beach. Motion/Second: Nelson/Colleen to approve Resolution No. 431-95 regarding the zero lot line subdivision request by Larry Beach for 2801 and 2809 Bronson Drive. Commissioner Stevenson suggested that the Commission should include wording in the resolution as to why the building is not centered on the lot. It was pointed out that the building would be constructed this way to save trees located on the property. Planner 411 Harrington explained that the building can be located anywhere on the lot as long as it is within setback requirements. Additional discussion developed regarding the lot north of Mr. Beach's last townhome. Mr. Beach reported that he was informed that this lot would need Rice Creek Watershed District approval in order to develop it. Mr. Beach also expressed concern about what would be built on the lot because he did not want his townhome property values to depreciate. He emphasized he wanted to make sure permits were obtained for any construction that may take place. Mr. Beach raised another concern regarding the lighting along Silver Lake Road in the area of his townhomes. Mr. Beach was advised to contact Dawn Postundensek at City Hall for information regarding a street light petition. • Motion Carried 6 ayes 0 nays Mounds View Planning Commission November 1, 1995 •egular Meeting Page 5 Planner Harrington informed Mr. Beach that this item would be discussed at the November 13th Council meeting and that the public hearing for the rezoning would be held on November 27th. Following discussion of this item, Mr. Beach expressed to the Commission that he is looking for additional lots to build on. Mr. Beach was advised to contact Jennifer Bergman at City Hall to set up a meeting to talk about lots that are available in Mounds View. The applicant, North Star Land 7. Consideration Services/U.S. West was not present. of Resolution No. 432-95 Planner Harrington summarized the Regarding request by North Star Land Services/U.S. Conditional Use West regarding the construction of a Permit Request public utility structure at 2280 Highway by North Star • 10. He reminded the Commission that Land Services/ last spring approval was given by the U.S. West, 2280 Planning Commission to locate a similar Highway 10, building of this type to service Mounds Planning Case View Business Park North and that this No. 427-95 proposed building would service Mounds View Business Park South. Planner Harrington noted that this item was discussed at the October 18th meeting and that he has prepared Resolution No. 432-95. He listed the conditions included in the resolution: the applicant shall provide the City with an easement agreement, signed by the property owner, for the parcel upon which the structure will be located and that landscaping around the structure shall be provided as directed by the City Forester. It was noted that it would be the owner's responsibility for the landscaping. Motion/Second: Nelson/Stevenson to approve Resolution No. 432-95 Regarding the conditional use permit request of • North Star Land Services/U. S. West, 2280 Highway 10. Mounds View Planning Commission November 1, 1995 •egular Meeting Page 6 6 ayes 0 nays Motion Carried The applicant, Brian Daniels, was not 8. Consideration present but he had contacted Mr. of Resolution Harrington and expressed that he was not No. 433-95 able to be present but wanted his item Regarding to move forward. Conditional Use Permit Request Planner Harrington explained that the by Brian applicant has constructed an addition to Daniels, 7280 his existing garage without a permit so Silver Lake he was not aware of the size limitation. Road, Planning Mr. Daniel's existing garage was 864 Case No. 430-95 square feet and he constructed an addition of 384 square feet for a total of 1,248 square feet. Code requires that anything exceeding 864 square feet requires conditional use permit approval with the maximum allowed by Code at 1,264 square feet. Planner Harrington also pointed out that if a structure • exceeds 1, 000 square feet, no other accessory buildings are allowed on the property. Planner Harrington continued by explaining that Mr. Daniels currently has a shed that would need to be removed and that, as discussed at the October 18th meeting, a cash escrow would be required to assure removal of the shed. Planner Harrington reviewed the conditions included in the resolution stating that the conditional use permit shall be recorded with Ramsey County, the building shall be designed and maintained to provide a uniform appearance with the dwelling unit, and the existing 10 'x10' shed located adjacent to the proposed structure shall be removed from the property no later than July 1, 1996 and that a $1, 000 deposit shall be made by the applicant to ensure compliance with this condition. It was noted that the applicant, Mr. Daniels, was informed that a deposit • will be required. Mounds View Planning Commission November 1, 1995 •egular Meeting Page 7 Motion/Second: Ruggles/Miller to approve Resolution No. 433-95 regarding the conditional use permit request of Brian Daniels, 7280 Silver Lake Road. A couple of concerns were raised by the Planning Commission regarding compliance with Item B of the resolution, " . . .providing a uniform appearance with the dwelling unit", about the current condition of the garage being an "eyesore", what repercussions would Mr. Daniels face for constructing the addition without a permit, and will inspections still be required even though the structure has been built. Planner Harrington assured the Commission that the City would follow up on these items and pointed out that when construction occurs without a building permit, the fees are doubled and 111 reassured them that any inspections required will still be conducted. It was also asked that if the applicant is in violation of the Home Occupation ordinance, will he be subject to an administrative offense and Mr. Harrington stated that he would be. One final question regarding this item was raised by the Planning Commission as to whether or not this property was located within a wetland. Planner Harrington informed the Commission that this property was not located directly within the wetland, and therefore, no wetland permit is required. It was noted, however, that the property was within the 100 ' wetland buffer area. 6 ayes 0 nays Motion Carried Planner Harrington informed the 9. Staff Report Commission that at the next agenda 410 session the Sign Ordinance will be discussed. He also mentioned that every business in the City was invited to a Mounds View Planning Commission November 1, 1995 •egular Meeting Page 8 meeting to discuss the sign ordinance and that 11 of the 155 businesses were represented at the meeting. Members present at the October 18, 1995, 10. Report of Chair agenda session included Commissioners Johnston, Nelson, Colleen, Stevenson, Ruggles and Chair Peterson. Commissioner Miller had an excused absence. There being no further business before 11. Adjournment the Commission, Chair Peterson adjourned the meeting at 7:50 p.m. Respectfu Submitted, •aul Harrington Community Development Coordinator • • MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 427-95 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A DRIVEWAY SETBACK VARIANCE FOR ROBERT YENTSCH, 5308/5312 RAYMOND AVENUE, PLANNING CASE NO. 424-95 WHEREAS, the Mounds View Planning Commission has reviewed the request of Robert Yentsch for a variance to allow a driveway at a setback less than that allowed by Municipal Code; and WHEREAS, the applicants property is subject to the requirements setforth in Title 1100 of the Mounds View Municipal Code; and WHEREAS, the Planning Commission has reviewed the criteria used to evaluate all variance requests; 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 1 privileges on the applicant that are not enjoyed by other 0 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 Yentsch for a variance allowing a side yard driveway setback less than that allowed by Municipal Code contingent upon the following: 1) The applicant shall provide a Certificate of Survey for the property prior to construction of the driveway. 2) In the event of necessary City work, costs for repair of that portion of the driveway surface located within the City-maintained easement shall be the sole responsibility of the property owner. Adopted this 1st day of November, 1995. ATTEST: Chairman i / ,. (SEAL) Co unity Developmt Coordinator MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 428-95 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A DRIVEWAY SETBACK VARIANCE FOR ROBERT YENTSCH, 5324/5326 RAYMOND AVENUE, PLANNING CASE NO. 425-95 WHEREAS, the Mounds View Planning Commission has reviewed the request of Robert Yentsch for a variance to allow a driveway at a setback less than that allowed by Municipal Code; and WHEREAS, the applicants property is subject to the requirements setforth in Title 1100 of the Mounds View Municipal Code; and WHEREAS, the Planning Commission has reviewed the criteria used to evaluate all variance requests; 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 Yentsch for a variance allowing a side yard driveway setback less than that allowed by Municipal Code contingent upon the following: 1) The applicant shall provide a Certificate of Survey for the property prior to construction of the driveway. 2) In the event of necessary City work, costs for repair of that portion of the driveway surface located within the City-maintained easement shall be the sole responsibility of the property owner. Adopted this 1st day of November, 1995. ATTEST: p 41,1 Chairman ' 111111, (SEAL) Community DeveZment Coordinator MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 429-95 • CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A DRIVEWAY SETBACK VARIANCE FOR ROBERT YENTSCH, 5364/5366 RAYMOND AVENUE, PLANNING CASE NO. 426-95 WHEREAS, the Mounds View Planning Commission has reviewed the request of Robert Yentsch for a variance to allow a driveway at a setback less than that allowed by Municipal Code; and requirementsEsetthe forthinpTitlen1100ts rofethe Mounds�ViewtMunici al Code; and p WHEREAS, the Planning Commission has reviewed the criteria used to evaluate all variance requests; 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 Yentsch for a variance allowing a side yard driveway setback less than that allowed by Municipal Code contingent upon the following: 1) The applicant shall provide a Certificate of Survey for the •ro•ert driveway. 2) In the event of necessary City work, costs for repair of that portion of the driveway surface located within the City-maintained easement shall be the sole responsibility of the property owner. Adopted this 1st day of November, 1995. ATTEST: (SEAL) Chairman C6mmunity Developmi Coordinator 1110 MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 381-94 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION DENYING A VARIANCE TO ALLOW FOR AN OVERSIZED ACCESSORY STRUCTURE AT 7604 SPRING LAKE ROAD PLANNING CASE NO. 374-94 WHEREAS, the Mounds View Planning Commission has reviewed the request of Michael Hegland for a variance to allow an accessory structure in excess of the square footage allowed for with the issuance of a Conditional Use permit; and WHEREAS, the applicant's property is subject to requirements set forth in Title 1100 of the Mounds View 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 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 Michael Hegland for a 484 square foot accessory building at 7604 Spring Lake Road. Adopted this 4th day of May, 1994. ATTEST: Chairman J ' (SEAL) • Community DevelopmerWCoordinator MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 430-95 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF A REZONING REQUEST OF LARRY BEACH, PLANNING CASE NO. 428-95 WHEREAS, Larry Beach has made application to rezone a portion of the property located at 2801 and 2809 Bronson Drive from R- 1, Single Family Residential to R-2, Single and Two Family Residential; and WHEREAS, the property is legally known as: The North 225 feet of Lots 10 and 11, Spring Lake Park Knolls, Ramsey County, Minnesota; and WHEREAS, Chapter 1125.01, Subdivision 1(e) of the Mounds View Municipal Code provides that the Planning Commission shall consider possible adverse effects of the proposed amendment. It further states that judgement shall be based upon, but not limited to, the following factors: 1. Relationship to Municipal Comprehensive Plan 2 . The geographical area involved • 3 . Whether such use will tend to or actually depreciate the area in which it is proposed 4 . The character of the surrounding area 5. The demonstrated need for such use; and WHEREAS, the Mounds View Planning Commission has reviewed the request in relation to the aforementioned criteria; and WHEREAS, the rezoning request is consistent with the City's proposed Comprehensive Land Use Plan designation for this property which is residential development; and WHEREAS, approval of the request will provide for d zoning designation which is consistent with the proposed land use. NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission recommends approval of the request to rezone the property legally known as: The North 225 feet of Lots 10 and 11, Spring Lake Park Knolls, Ramsey County, Minnesota from R-1, Single Family Residential to R-2 , Single and Two Family Residential. Resolution No. 430-95 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 November, 1995. ATTEST: {� t- Chairman 3 (SEAL) V . � ✓ / Community Devel,opment Coordinator • MOUNDS VIEW PLANNING COMMISSION • RESOLUTION NO. 431-95 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF A ZERO LOT LINE MINOR SUBDIVISION, LARRY BEACH, 2801 AND 2809 BRONSON DRIVE, PLANNING CASE NO. 428-95 WHEREAS, Larry Beach has requested approval of a zero lot line minor subdivision of the property located at 2801 and 2809 Bronson Drive; and WHEREAS, the property is legally known as: The North 225 feet of Lots 10 and 11, Spring Lake Park Knolls, Ramsey County, MN; and WHEREAS, the Mounds View Planning Commission has reviewed the applicant's request for a zero lot line subdivision and determined that it is in conformance with Chapters 1100 and 1200 of the Municipal Code. NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission recommends to the City Council approval of • the requested zero lot line minor subdivision request by Larry Beach contingent upon the following: 1) Providing the City with appropriate title abstracts and recording those abstracts with Ramsey County. 2) Inclusion of the following restrictions in the deeds of the two parcels: a. If one dwelling unit is burned or destroyed, it shall be reconstructed in a uniform appearance. b. If both dwelling units are burned or destroyed, minimum lot widths shall then prevail as for single family homes. c. A double dwelling unit may .be rebuilt meeting the original conditions of this Code. d. A uniform exterior appearance, in terms of color, design and maintenance, shall be maintained. 3) The subdivision is subject to Park Land Dedication requirements and must be satisfactorily complied with. Resolution No. 431-95 • 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 November, 1995 ATTEST: C)gr$• -• Chairm (SEAL) Community Develop Coordinator • • MOUNDS VIEW PLANNING COMMISSION 411 RESOLUTION NO. 432-95 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF A CONDITIONAL USE PERMIT FOR A PUBLIC UTILITY STRUCTURE, US WEST COMMUNICATIONS, 2280 HIGHWAY 10, PLANNING CASE NO. 427-95 WHEREAS, US West Communications has made application for a Conditional Use Permit to allow for the construction of a public utility structure at 2280 Highway 10; and WHEREAS, Title 1100 of the Mounds View Municipal Code requires the issuance of a Conditional Use Permit for the construction of public utility buildings within the City; and WHEREAS, the Mounds View Planning Commission has reviewed the applicants request against the criteria outlined in Title 1100; and WHEREAS, the Planning Commission has determined that the requested Conditional Use Permit is consistent with the Municipal Code. NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission recommends approval of the requested Conditional Use Permit for the construction of a public utili- ty structure at 2280 Highway 10 contingent upon the following: 1. The applicant shall provide the City with an ease- ment agreement, signed by the property owner, for the parcel upon which the structure will be located. 2 . Landscaping around the structure shall be provided as directed by the City Forester. BE IT FINALLY RESOLVED that the Planning Commission directs Staff to forward a copy of this Resolution to the City Council prior to approval of the minutes. Adopted this 1st day of November, 1995 ATTEST: LIA-. D. .R-:t 7-.,-_ Chairm n (SEAL) 411 Community Developient Coordinator MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 433-95 411 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF A CONDITIONAL USE PERMIT TO ALLOW AN OVERSIZED GARAGE FOR BRIAN DANIELS, 7280 SILVER LAKE ROAD, PLANNING CASE NO. 430-95 WHEREAS, the Mounds View Planning Commission has reviewed the request of Brian Daniels for an oversized garage; and WHEREAS, the Mounds View Zoning Ordinance allows, by conditional use permit, up to 1,264 square feet of garage square footage on one lot; and WHEREAS, the applicant is proposing a 1248 square foot detached garage; and WHEREAS, the proposed building meets all applicable setback requirements. NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission recommends to the City Council approval of the requested conditional use permit for an oversized garage by Brian Daniels, 7280 Silver Lake Road, contingent upon the following: a) The conditional use permit be recorded with Ramsey Co. b) The building be designed and maintained to provide a uniform appearance with the dwelling unit. c) The existing 10'x 10' shed located adjacent to the proposed structure shall be removed from the property no later than July 1, 1996. A $1, 000 deposit shall be made by the applicant to ensure compliance with this condition. 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 November, 1995 ATTEST: D Pzt7- Chairman (SEAL) 411 Community Development Coordinator