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HomeMy WebLinkAbout07-10-1996 PROCEEDINGS OF THE PLANNING COMMISSION 1111CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting July 10, 1996 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 7:05 p.m. on July 10, 1996. MEMBERS PRESENT: Commissioners Miller, 2. Roll Call Brooks, Johnston, Brasaemle and Chair Peterson. (Commissioner Stevenson joined the meeting late). Commissioner Obert had an excused absence. Motion/Second: Miller/Brasaemle to approve 3. Approval of Minutes: the minutes of June 5, 1996, as amended. June 5 and June 19, 1996 4 ayes 0 nays 1 abstention V Motion Carried (Commissioner Johnston abstained because he was not in attendance at the June 5th meeting.) Motion/Second: Brasaemle/Brooks to approve the minutes of June 19, 1996, as amended. 3 ayes 0 nayes 2 abstentions Motion Carried (Commissioner Johnston and Chair Peterson abstained because they were not in attendance at the June 19th meeting.) ALSO PRESENT: Acting Community Development Director Pruitt and Recording Secretary Benesch. • Mounds View Planning Commission July 10, 1996 • Regular Meeting Page 2 There were no citizen requests or comments 4. Citizen Requests and from the floor. Comments From the Floor The public hearing regarding the variance 5. Public Hearing for request from Gerald and Jane Wall opened at Consideration of 7:10 p.m. Resolution No. 457-96 Regarding The applicants, Gerald and Jane Wall, were Variance Request by present. Gerald and Jane Wall, 7441 Park View Acting Director Pruitt reviewed the request Terrace, Planning noting that the applicants are requesting a Case No. 444-96 variance to encroach two feet into the required thirty foot setback for a corner lot in order to build an approximately 352 square foot addition to their home at 7441 Park View Terrace. Acting Director Pruitt also explained that the applicants provided the following hardship statement, "We'd like to build a family room • addition onto our one level home. We live on the corner of a cul-de-sac and are limited to only one direction in which we can build. We feel the two extra feet will enable us to create a functional living space". Acting Director Pruitt assured the Commission that the proposed addition is in conformance with all applicable zoning regulations other than meeting the required 30' front yard setback. She noted that the applicants have been made aware that the addition will need to be designed and maintained to provide a uniform building appearance with the original dwelling unit. The contingency contained in Resolution No. 457-96 was noted stating that whenever, within one year after granting the variance the work as permitted by the variance is not completed, the variance shall become null and void unless a petition for an extension is granting by the Planning Commission. Mounds View Planning Commission July 10, 1996 • Regular Meeting Page 3 Mr. Jim Smith, 7427 Park View Terrace, addressed the Planning Commission expressing his support regarding this request. (Commissioner Stevenson arrived at 7:15 p.m.) The public hearing for Gerald and Jane Wall, Public Hearing for 7441 Park View Terrace, closed at 7:15 p.m. Gerald and Jane Wall Closed Motion/Second: Brasaemle/Miller to approve Resolution No. 457-96 regarding the front yard setback variance for 7441 Park View Terrace. 6 ayes 0 nays Motion Carried • The applicants were informed at this time that the Planning Commission is the approving body and that their variance request is complete with the exception of the building permit for the addition. • The public hearing regarding the variance 6. Public Hearing for request for Thomas A. Pick opened at 7:17 Consideration of p.m. Resolution No. 460-96 Regarding the The applicant, Thomas A. Pick, was present. Variance Request of Thomas A. Pick, 2725 Acting Director Pruitt began the public hearing Sherwood Road, by explaining that the applicant is requesting a Planning Case No. variance to construct a six foot high privacy 446-96 fence around a corner yard property at 2725 Sherwood Road which is a two foot variance from the 48" in height allowed by Code. She noted that the applicant's property is on a corner, thus, 4' in height is allowed by Code along both Red Oak Drive and Sherwood Road. She explained that the applicant is requesting the 2' variance for reasons of safety. The applicant attributes the safety concerns to a large mound on the edge of his property along Red Oak Drive. With a fence only 4' • high, the applicant feels the situation could Mounds View Planning Commission July 10, 1996 1111/ Regular Meeting Page 4 create a hazard for children and pets and, therefore, is requesting a 6' high fence which he believes would provide adequate protection. Acting Director Pruitt informed the Commission that since the public hearing notices were sent, Staff has received several inquiries from residents. She noted all but one were in support of the fence and the only call opposed to the fence was from Mrs. Vogt, 8145 Red Oak Drive, who was unable to attend the public hearing due to medical reasons. Mrs. Vogt is concerned that a fence only a few feet back from the property will create a visual hazard and will create a problem with snow removal blocking the street. Acting Director Pruitt continued by explaining that staff explained to Mrs. Vogt that the fence would be located behind the house and that the Code allows a 4' fence in the same area. • Acting Director Pruitt noted that a revised resolution had been distributed to the Planning Commission. The contingency contained in Resolution No. 460-96 was noted, again stating that if the work is not completed within one year, the variance shall become null and void. Mr. Don Nelson, 2717 Sherwood Road, who lives adjacent to the Picks, addressed the Planning Commission expressing that he is in favor of the fence. He explained that he has seen people drive across the yard at least a couple of times a year and is concerned for the safety of Mr. Pick's child. Chair Peterson, who also lives next door, expressed that, when speaking as a neighbor, he is not opposed to the fence; when speaking as a planning commissioner, he did not see any negative impacts to the neighborhood. • Mounds View Planning Commission July 10, 1996 • Regular Meeting Page 5 The Planning Commission inquired as to whether or not there was sufficient area for snow removal. Acting Director Pruitt assured the Planning Commission that the fence will be far enough back so as not to cause visual or snow removal problems. The public hearing was closed at 7:27 p.m. Public Hearing for Thomas A. Pick Motion/Second: Stevenson/Brooks to approve Closed Resolution No. 460-96, as amended, approving a height variance for a fence at 2725 Sherwood Road. 6 ayes 0 nays Motion Carried • The applicant was informed at this time that the Planning Commission is the approving body and that their variance request is complete with the exception of the building permit for the • fence. The applicant was not present. Acting Director 7. Consideration of Pruitt reminded the Commission that the Resolution No. applicant was present at the Agenda Session. 458-96 and 459-96 Regarding Variance Acting Director Pruitt explained that the and Development applicant, Herbst and Sons, is requesting an Requests by Herbst & extension to a previously approved variance to Sons Construction allow the construction of an addition to an Co., 2299 County existing facility at a 5' yard setback where a 20' Road H, Planning setback is required by Code, and if the Case No. 445-96 variance is granted, a development review to construct an 80' by 80' (6,400 square feet) addition to the north of their existing building at 2299 County Road H must be approved. She continued to explain that Herbst and Sons was granted a variance in 1992 to allow the construction of an addition to their existing facility at a 5' side yard setback where a 20' setback is required. The variance, however, • expired one year from the date of issuance, or Mounds View Planning Commission July 10, 1996 Regular Meeting Page 6 March 18, 1993, and in order for the Planning Commission to consider this request, a variance extension must be granted, then a development review process would begin. Acting Director Pruitt informed the Commission that Short-Elliott-Hendrickson, the City's Engineering Consultant, has reviewed the site plan and found the expansion should have no negative impacts on the drainage system. She also noted that, based on the discussion at the June 19th meeting, parking appears to be adequate for the site. Acting Director Pruitt noted that a revised resolution had been distributed to the Planning Commission. The contingency contained in Resolution No. 458-96 was noted stating that the variance shall become void if the work is not finished within one year of issuance. The Planning Commission inquired whether or not this proposed variance request is similar to the previously approved variance and Acting Director Pruitt replied that she had been in contact with Paul Harrington, former Community Development Director, who stated that this request is very similar to their previous request. She also noted that the addition would be used for storage of items and equipment.currently stored outside and that the addition would line up with the existing building. The Planning Commission then questioned whether or not it should be a new variance, not an extension of the previously approved variance since the variance expired in 1993. Motion/Second: Brasaemle/Johnston to approve Resolution No. 458-96 as amended approving the variance request of Herbst and Sons Construction Co., Inc., 2299 County Road • H. Mounds View Planning Commission July 10, 1996 Regular Meeting Page 7 6 ayes 0 nays Motion Carried Again the contingency contained in Resolution No. 458-96 was noted. Acting Director Pruitt also noted that the applicant must enter into a development agreement with the City of Mounds View. The parking situation was briefly discussed noting that it was believed that no additional parking is necessary. It was also noted that a portion of the lot is believed to be in a wetland boundary. Acting Director Pruitt spoke with Rocky Keehn from Short-Elliott-Hendrickson who did not express any concerns. The Planning Commission expressed their concern regarding machinery that was stored in the wetland and Acting • Director Pruitt indicated that she would check into this matter as a code enforcement issue. Motion/Second: Stevenson/Brasaemle to approve Resolution No. 459-96 regarding the development request of Herbst and Sons Construction Co., Inc. 6 ayes 0 nays Motion Carried The applicant, Jerome Espeseth, was present. 8. Consideration of Resolution No. Acting Director Pruitt reviewed the request by 467-96 Regarding the Jerome Espeseth, 8005 Woodlawn Drive, Conditional Use explaining that the applicant is requesting a Permit Request of conditional use permit to construct an Jerome Espeseth, oversized garage (1,260 square feet). She 8005 Woodlawn noted that an existing garage and shed are Drive, Planning Case located on the property and the applicant is No. 448-96 aware that they must be removed and no other accessory structures may be constructed if the • conditional use permit is approved. Mounds View Planning Commission July 10, 1996 Regular Meeting Page 8 Acting Director read each contingency contained in Resolution No. 467-96, one of which was that the applicant enter into a development agreement with the City of Mounds View. Chair Peterson asked the applicant why one of the doors shown on the plan for the garage was taller than the other. The applicant replied that the door was larger so a pickup topper could clear the doorway. Chair Peterson also inquired as to whether or not he had intentions to conduct a business from the garage and the applicant replied that he would not be operating a business from the proposed garage. The applicant also stated that he would remove the existing structures. Motion/Second: Johnston/Miller to approve • Resolution No. 467-96 recommending approval of a conditional use permit to allow an oversized garage at 8005 Woodlawn Drive. 6 ayes 0 nays Motion Carried The applicant was informed at this time that this item would beforwarded to the City Council for review and a public hearing would be scheduled for July 29th. The applicants Gary Olson and Bob Gabbo 9. Consideration of (General Chairman) of Cross of Glory Resolution Nos. Evangelical Lutheran Church were present. 461-96 and 462-96 Regarding the Acting Director Pruitt explained that the Conditional Use applicant is requesting a development review Permit and and conditional use permit to construct a 6,166 Development Review square foot addition to the Cross of Glory Requests of Cross of Church at 5472 Adams Street. She briefly Glory Evangelical reviewed this item noting that on May 1, 1985, Lutheran Church, a conditional use permit for a sanctuary 5472 Adams Street, . addition was granted and according to City Mounds View Planning Commission July 10, 1996 1111 Regular Meeting Page 9 records, the church had been in place for quite Planning Case No. sometime prior to the addition. She continued 449-96 by stating that the proposed addition requires another conditional use permit and a development review as well. She noted that the proposed addition would be utilized primarily for meeting places for children between services. She noted, from a letter received from Mr. Olson, that he requests that no additional parking be required since the proposed expansion will not create any additional parking needs which the existing parking area could not adequately provide and because the office space shown on the floor plan would be occupied by only three people. Acting Director Pruitt informed the Commission that 53 parking sites are currently available on site with three of those spaces designated for handicapped accessible parking, which is in • conformance with state requirements. She noted that the site plan shows an additional 14 parking spaces proposed to the north of the existing parking area which the church is requesting that they be allowed to phase in due to economic constraints. Acting Director Pruitt added that, based on the discussion at the agenda meeting, it appears that the current parking, in addition to the proposed fourteen parking spaces, will be adequate for the expansion. Acting Director Pruitt informed the Commission that she spoke with Rocky Keehn of SEH who requested a grading or drainage plan be submitted for his review and approval. She also noted that City Forester, Rick Wriskey, has requested that when a landscaping plan is drawn up by the applicants that he review it for approval. Acting Director Pruitt provided to the applicants a copy of the written comments from Short- Mounds View Planning Commission July 10, 1996 Regular Meeting Page 10 Elliott-Hendrickson regarding the need for a drainage plan. Acting Director Pruitt also informed the Planning Commission that the condition of ensuring adequate sprinkler systems for the existing building had been removed from the contingencies placed on the resolution. She explained that she had contacted Attorney Bob Long to conduct additional research to ascertain whether it is legally appropriate for the City to require fire sprinkling for the existing building. Acting Director Pruitt read each contingency contained in Resolution No. 462-96, the first being that a development agreement be entered into between the church and the City of Mounds View. 111 The fire suppression requirements were briefly discussed by the Planning Commission and Acting Director Pruitt noted that the attorney is looking into whether or not it must be required for this request. The applicant, Gary Olson, addressed the Planning Commission informing them that the building is not occupied often with the exception of Sundays. He also expressed that a fire detection system may be better and that he thinks fire sprinkling is an unreasonable request due to financial reasons. He continued by informing the Commission that this will be the final expansion of the facility and requiring fire suppression will reduce the addition by 20 percent, or possibly will not allow the expansion at all. Mr. Olson also noted that fire extinguishers are located throughout the facility and an increased number of emergency exists have been added on the plans for the new addition. He also indicated that he plans to • Mounds View Planning Commission July 10, 1996 Regular Meeting Page 11 retro-fit the existing building with fire detection and security systems. Acting Director Pruitt added that it will be up to the City Council and attorney to determine whether or not a fire suppression system will be required. The applicant also added that the sanctuary is made of exposed wood and rafters and it would be "a mess" to install a fire suppression system. Chair Peterson expressed that he believes fire suppression systems will become a standard in all public buildings in the near future and that he believes it is a very effective means in minimizing the spread of fire. The applicant mentioned that he would like • some flexibility with the landscaping plans and the Planning Commission noted that they would change the contingency in the resolution to read only that a landscaping plan be approved by the City Forester instead of noting specifically where the plantings should be located on the CUP contingency. Chair Peterson added that Mounds View is a "Tree City" and that the Forester needs to review the landscaping plan to ensure that appropriate plantings are added on site. The Planning Commission noted that the applicant would be required to obtain approval from the City Forester on the final landscaping plans. The Planning Commission inquired as to the church's time table for construction. They replied that they hope to start construction around the end of the summer and finish the first quarter of 1997. Acting Director Pruitt noted that approval of the resolution would be contingent upon submittal • of an approved drainage plan. She added that Mounds View Planning Commission July 10, 1996 Regular Meeting Page 12 there were no additional parking issues and that Rocky Keehn of SEH had received a copy of the plans with the additional parking shown. Motion/Second: Brasaemle/Brooks to approve Resolution No. 461-96 as amended recommending approval of the conditional use permit request for an expansion to the existing facility at 5472 Adams Street. 6 ayes 0 nays Motion Carried Motion/Second: Miller/Brasaemle to approve Resolution No. 462-96 as amended recommending approval of the development request for a 6,166 square foot addition at 5472 Adams Street. 6 ayes 0 nays Motion Carried • The applicant was informed at this time that a public hearing would be scheduled by the City Council for July 29th at which time the Council would take formal action on this item. The applicant, Mr. Whitney of Church Upon the 10. Consideration of Rock, was present. Resolution Nos. 463-96 and 464-96 Acting Community Development Director Pruitt Regarding the reminded the Commission that this item was Variance and reviewed in length at the last meeting and Conditional Use explained that the applicant is requesting a Permit Requests by variance to construct a garage on the property Church Upon the and if the variance is granted, a conditional use Rock, 7901 Red Oak permit to construct an oversized garage (1,248 Drive, Planning Case square feet) is also being requested. No. 451-96 She reminded the Commission that in March of 1996, the Commission reviewed a request for • an extension to the applicant's conditional use permit request for temporary accessory Mounds View Planning Commission July 10, 1996 1111 Regular Meeting Page 13 structures on the property and also reviewed the need to remove the temporary structures, used as classrooms, since eight years had already been provided for the temporary structures. Acting Director Pruitt reminded the Commission that the church was encouraged to look for other storage options and church representatives found that they could use space inside the church for classroom space if they were able to construct a storage facility. She noted that in April of this year the church withdrew its application for an extension of its conditional use permit for the temporary accessory structures and continued to say that they are now requesting an oversized garage to be used for storage space so that they may free up space currently used for storage inside the church and use it for classrooms. She noted that the Code defines private garages as, "a detached accessory building or portion of the principal building, including a carport, which is used for storage of vehicles." She continued by stating that the garage proposed at the site will not be used for storage of vehicles. Acting Director Pruitt noted that it appears the Code does not recognize that churches, which are allowed by conditional use permit in an R-1 district, may have all the demands for storage that single family dwellings may have and suggests that the impacts of an oversized garage on the site would not have any greater impact than a home with an oversized garage on the property. She explained that if the Planning Commission wishes to consider granting a variance to allow a garage on the site, then the next issue to consider would be whether to grant a conditional use permit for an oversized garage on the property. Acting Director Pruitt referred to a staff report dated April, 1988, which revealed that the • church requires 98 parking spaces and at that Mounds View Planning Commission July 10, 1996 Regular Meeting Page 14 time, it was shown that the site had inadequate parking on-site for its Sunday demand and that on-street parking has prompted complaints from neighbors. She also noted that at the June 13, 1996, agenda meeting, Mr. Whitney reported that he has not observed parking on the street and does not feel that previous parking concerns are an issue now with the church using Kinder Kare and Western Bank for overflow parking as needed on Sundays. She continued by informing the Planning Commission that a revised site plan has been submitted which shows 91 current parking spaces and that the applicant has shown 7 possible additional parking spaces on the property to make a total of 98 parking spaces. It was noted that the proposed garage will be located on existing impervious surface so no additional impervious coverage will be created on the site. Acting Director Pruitt noted the contingencies contained in both Resolution Nos. 463-96 and 464-96 which includes the Church enter into a development agreement with the City. Motion/Second: Stevenson/Brasaemle to approve Resolution No. 463-96 as amended approving a variance to allow a garage for Church Upon the Rock, 7901 Red Oak Drive. 6 ayes 0 nays Motion Carried Motion/Second: Brasaemle/Peterson to approve Resolution No. 464-96 as amended recommending approval of a conditional use permit to allow an oversized garage for church Upon the Rock, 7901 Red Oak Drive. The applicant was asked whether or not he wished to maximize the size of the garage 11111 allowed by Code. The applicant replied that he Mounds View Planning Commission July 10, 1996 Regular Meeting Page 15 will be going with the builder's recommendation to build the 1,248 square foot building. 6 ayes 0 nays Motion Carried Commissioner Johnston inquired as to whether or not the 15' high maximum for accessory buildings included garages. Acting Director Pruitt replied that it did include detached garages. The applicant was informed that the variance request is now complete and the public hearing for the conditional use permit will be scheduled by the City Council for July 29th. Acting Community Development Director Pruitt 11. Consideration of reviewed this item noting that the City of Resolution No. Mounds View recently received a request from• 465-96 Regarding an a mobile home park to install signage but that Ordinance the City Code does not specially address Amendment to signage in an R-5 district. She continued to Chapter 1008, R-5, say that the attorney has requested that the Mobile Home District intent of the R-4 district be used for the R-5, Mobile Home District. Motion/Second: Miller/Peterson to approve Resolution No. 465-96 with minor language changes which recommends amending the Mounds View Municipal Code by adding a new Section 1008.11 entitled, "Variances", relating to sign variances. 6 ayes 0 nays Motion Carried Acting Director Pruitt briefly reviewed this item 12. Consideration of explaining that a commercial Resolution No. telecommunication service recently approached 466-96 Regarding the the City of Mounds View possibly wanting to Establishment of a locate one of their reception facilities in the 180-day Moratorium • Mounds View Industrial Park and that until this on Wireless Mounds View Planning Commission July 10, 1996 111 Regular Meeting Page 16 issue could be reviewed, a moratorium is being Telecommunication recommended on the placement of wireless Towers telecommunication services within the City of Mounds View. She emphasized that the 180- day moratorium is the maximum allowed and that no extensions could be granted. She added that the Planning Commission will need to start looking at possible sites for locating these services and what language they would like in the ordinance, and she also mentioned that it may be beneficial for a speaker to come in to talk about the current technology of wireless telecommunication services. It was noted that the 180 days will start 30 days after publication of the ordinance. Motion/Second: Brasaemle/Miller to approve Resolution No. 466-96 recommending amending the Mounds View Zoning Code by • adding a new Chapter 1126 establishing a 180- day moratorium on new use, development or construction of public commercial wireless telecommunication services within the City of Mounds View. 6 ayes 0 nays Motion Carried Acting Director Pruitt mentioned to the Planning 13. Staff Report Commission that letters were sent to all Mounds View businesses regarding Ordinance No. 586 relating to fire suppression systems and the ordinance would be discussed by the City Council on July 15th. Acting Director Pruitt reminded the Commission that Pam Sheldon, the new Community Development Director, will be starting her employment with the City of Mounds View on July 29. • Mounds View Planning Commission July 10, 1996 1111 Regular Meeting Page 17 Chair Peterson was absent at the last agenda 14. Report of Chair meeting, therefore, Acting Chair Miller noted the members present at the June 15, 1996, agenda session which included Commissioners Miller, Obert, Brooks, and Brasaemle. (Commissioners Stevenson and Johnston and Chair Peterson had excused absences). There being no further business before the 15. Adjournment Planning Commission, Chair Peterson adjourned the meeting at 9:14 p.m. Respectfully Submitted, Joyce Pruitt Acting Community Development Director • MOUNDS VIEW PLANNING COMMISSION • RESOLUTION NO. 457-96 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A FRONT YARD SETBACK VARIANCE FOR GERALD AND JANE WALL, 7441 PARK VIEW TERRACE, PLANNING CASE NO. 444-96 WHEREAS, the Mounds View Planning Commission has reviewed the request of Gerald and Jane Wall for a variance to allow a 352 square foot addition to the southern side of their home to encroach two feet into the required thirty foot setback for a corner lot, which is less than that allowed by Municipal Code; and WHEREAS, the applicants' property is subject to the 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 special conditions of the property, namely, the irregularly shaped lot with the three sides of street frontage, does not result from the actions of the applicant; and WHEREAS, granting the variance would not confer special privileges on the applicants 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 Gerald and Jane Wall for a variance to encroach two feet into the required thirty foot setback for a corner lot to build a 352 square foot family room addition off the southern side of the home, contingent upon the following: 1) Whenever, within one year after granting the variance the work as permitted by this variance shall not have been completed, then this variance shall become null and void, unless a petition for extension of time in which to complete the work has been granted by the Board of Adjustment and Appeals. Adopted this 10th day of July, 1996. ATTEST: Chair P rso (SEAL) Acting ‘mrrfunity Development Director Joyce Pruitt MOUNDS VIEW PLANNING COMMISSION • RESOLUTION NO. 458-96 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING SETBACK VARIANCE REQUEST BY HERBST AND SONS CONSTRUCTION CO., INC. 2299 COUNTY ROAD H, PLANNING CASE NO. 445-96 WHEREAS, The Mounds View Planning Commission has reviewed the request of Herbst and Sons Construction Co., Inc. for an extension to a previously granted variance to allow the construction of an addition to their existing facility at a five foot (5') side yard setback where a twenty (20') setback is required by Municipal Code; and WHEREAS, the Planning Commission has reviewed the criteria used to evaluate all variance requests, and supports earlier findings approving the variance request in March 1992; and WHEREAS, the applicant presented a hardship statement to the Planning Commission; and WHEREAS, the literal interpretation of the provisions of the Municipal Code would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of the Municipal Code; and WHEREAS, the special conditions of the property do not result from the action of the 02: 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 Mound View Planing Commission approves the variance extension request of Herbst and Sons Construction Co., Inc. for a fifteen foot (15') variance into the side yard setback, contingent upon the following: 1. Whenever, within one year after granting this variance, the work as permitted by the variance shall not have been completed, then this variance shall become null and void, unless a petition for extension of time in which to complete the work has been granted by the Board of Adjustment and Appeals. Adopted this 10th day of July, 1996. ATTEST: Chair P- i rs• (SEAL) 770/ZZ- ; Acting ommt.i ity Development irector �1 Joyce Pruitt MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 459-96 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA • RESOLUTION RECOMMENDING APPROVAL OF THE DEVELOPMENT REQUEST OF HERBST AND SONS CONSTRUCTION CO.,INC.,PLANNING CASE NO.445-96 WHEREAS,Herbst and Sons Construction Company,Inc.,has requested City approval to construct a 6,400 square foot addition to the north of the existing facility at 2299 County Road H; and WHEREAS,Chapter 1006 of the Mounds View Municipal Code requires that a development review be conducted for this and similar proposals; and WHEREAS,the Planning Commission has reviewed the following documents regarding this development proposal: 1. Planning Application dated June 06, 1996 2. Site Plan dated June 19, 1996 WHEREAS,the Planning Commission has determined that the proposal is in conformance with all applicable requirements of Chapters 1100 and 1120. 4101 NOW,THEREFORE,BE IT RESOLVED that the Mounds View Planning Commission recommends approval of the development review request,contingent upon the following: 1. Herbst and Sons Construction Company,Inc. enter into a . development agreement with the City of Mounds View. 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 10th day of July, 1996. ATTEST: Chairperso e (- on (SEAL) Acting ommtinity Development Director,Joyce Pruitt i MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 460-96 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A HEIGHT VARIANCE FOR A FENCE, THOMAS A. PICK, 2725 SHERWOOD ROAD, PLANNING CASE NO. 446-96 WHEREAS, the Mounds View Planning Commission has reviewed the request of Thomas A. Pick for a variance to allow a six foot high fence into the required thirty foot setback for a corner lot, which is a fence two feet higher than that allowed by Municipal Code; and WHEREAS, the applicants' property is subject to the 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 large mound present on the property represents an extraordinary circumstance which does not generally apply to other properties in the area and did not result from the action so of the applicant; and ft WHEREAS, the literal interpretation of the applicable provision of a four foot high fence would deprive the applicant from adequate safety for children and animals on the property; and WHEREAS, granting the variance would not confer special privileges on the applicants that are not enjoyed by other property owners in the same district; and WHEREAS, the variance is the minimum required to provide adequate safety to children playing behind the home; and WHEREAS, the variance would have no material effect on other properties in the same zoning district; and WHEREAS, the variance will have no effect on traffic flow or on visibility at the corner of Red Oak Drive and Sherwood Road, as the fence will be placed approximately 50' back from the corner. NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission approves the request of Thomas A. Pick for a variance to allow placement of six foot high fence within he required thirty foot setback, contingent upon the following: • 1) Whenever, within one year after granting the variance the work as RESOLUTION NO. 460-96 S PLANNING CASE NO. 446-96 PAGE TWO OF TWO permitted by this variance shall not have been completed, then this variance shall become null and void, unless a petition for extension of time in which to complete the work has been granted by the Board of Adjustment and Appeals. Adopted this 10th day of July, 1996. ATTEST: Chair Pen (SEAL) ActingCOrr`lmiyDevelopment Director Y Joyce Pruitt MOUNDS VIEW PLANNING COMMISSION • RESOLUTION NO.461-96 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RECOMMENDATION TO THE CITY COUNCIL REGARDING CONDITIONAL USE PERMIT REQUEST FOR AN EXPANSION TO THE EXISTING FACILITY, BY CROSS OF GLORY EVANGELICAL LUTHERAN CHURCH, 5472 ADAMS STREET, PLANNING CASE NO.449-96 WHEREAS,the property is currently zoned R-1, Single Family Residential District; and WHEREAS,the Mounds View Municipal Code allows for churches in a zone district with the issuance of a Conditional Use Permit; and WHEREAS, the Planning Commission has determined that the expansion proposal is in conformance with the requirements of the Title 1100 of the Municipal Code. NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission recommends approval of the Conditional Use Permit with the following conditions: 1. The conditional use permit be recorded with Ramsey County within 60 days of City Council approval, and a receipt of such recording shall be provided to the City of Mounds View. 2. The building be designed and maintained to provide a uniform building appearance with the dwelling unit. 3. The proposed fourteen parking spaces along the north of the existing parking area be phased in as needed, based on demand. 4. In lieu of a fire suppression system, a detection and alarm system be in place for the existing building and new construction. 5. Landscaping, as approved by the City Forester, be completed on the property. 6. A drainage plan be submitted and approved by the Municipal Engineer. 7. Whenever, within one year after granting the conditional use permit,the work permitted by this permit shall not have been completed,then such permit shall become null and void unless a petition for extension of time in which to complete the work has been granted by the City Council. • 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 10th day of July, 1996. ATTEST: Chair Pete on (SEAL) Acting Cul ity Development Director Joyce Pruitt MOUNDS VIEW PLANNING COMMISSION • RESOLUTION NO. 462-96 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MJNNESOTA RESOLUTION RECOMMENDING APPROVAL OF THE DEVELOPMENT REQUEST OF CROSS OF GLORY EVANGELICAL LUTHERAN CHURCH, 5472 ADAMS STREET, PLANNING CASE NO. 449-96 WHEREAS, Cross of Glory Evangelical Lutheran Church, has requested City approval to construct a 6,166 square foot addition to the existing Church at 5472 Adams Street; and WHEREAS, Chapter 1006 of the Mounds View Municipal Code requires that a development review be conducted for this and similar proposals; and WHEREAS, the Planning Commission has reviewed the following documents regarding this development proposal: 1. Planning Application dated June 11, 1996 2. Site Plan dated June 10, 1996 • WHEREAS, the Planning Commission has determined that the proposal is in conformance with all applicable requirements of Title 1100. NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission recommends approval of the development review request, contingent upon the following: 1. Cross of Glory Evangelical Lutheran Church enter into a development agreement with the City of Mounds View. 2. The proposed building be designed and maintained to provide a uniform building appearance with the existing structure. 3. The proposed fourteen parking spaces along the north of the existing parking area be phased in as needed, based on demand. 4. In lieu of a fire suppression system, a fire detection and alarm system be in place for the existing building and new construction. 5. Landscaping, as approved by the City Forester, be completed on the property. fli6. A drainage plan be submitted and approved by the Municipal Engineer. • MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO 462-96 DEVELOPMENT REVIEW JULY 10, 1996 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 10th day of July, 1996. ATTEST: Chairperagn P terson (SEAL) Acting Community Development Director, Joyce Pruitt •. 4111 MOUNDS VIEW PLANNING COMMISSION • RESOLUTION NO. 463-96 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A VARIANCE TO ALLOW A GARAGE FOR CHURCH UPON THE ROCK, 7901 RED OAK DRIVE, PLANNING CASE NO. 451-96 WHEREAS, the Mounds View Planning Commission has reviewed the request of Church Upon the Rock for a variance to allow a private garage for supply storage at 7901 Red Oak Drive; and WHEREAS, the Municipal Code defines a garage as a "detached accessory building or portion of the principal building, including a carport, which is used for storing vehicles;" and WHEREAS, Church Upon the Rock has demonstrated that it may have all the demands a, single-family dwelling has in an R-1 zoning district; and WHEREAS, the Municipal Code currently does not recognize that a Church in an R-1 zoned district may have the same storage needs as a single family home; and WHEREAS, the Planning Commission has reviewed the criteria used to evaluate all variance requests; and WHEREAS, the inability of the Municipal Code to address Church storage needs does 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 impacts of a garage on the property would be no greater than a single family home on the property. NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission approves the request of Church Upon the Rock to allow a garage on the property contingent upon the following: 1. Whenever, within one year after granting the variance the work as permitted by this variance shall not have been completed, then this variance shall become null and void, unless a petition for extension of time in which to complete the work has been granted by the Board of Adjustment and Appeals. Adopted this 10th day of July, 1996. ATTEST: Chair ete son (SEAL) • Actin Community Development Director MOUNDS VIEW PLANNING COMMISSION • RESOLUTION NO.464-96 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF A CONDITIONAL USE PERMIT TO ALLOW AN OVERSIZED GARAGE FOR CHURCH UPON THE ROCK,7901 RED OAK DRIVE, PLANNING CASE NO.451-96 WHEREAS,the Mounds View Planning Commission has reviewed the request of Church Upon the Rock for additional accessory square footage;and WHEREAS,the Mounds View Zoning Ordinance allows by conditional use permit up to 1,264 square feet of accessory building square footage on one lot;and WHEREAS,the proposed total accessory building square footage on the lot is 24'x 54' ( 1,248 square feet),which is below the maximum allowed;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 additional accessory building square footage by Church Upon the Rock,7901 Red Oak Drive,contingent upon the following: 1. The conditional use permit be recorded with Ramsey County within 60 days of City Council approval and proof of such recording be presented to the City of Mounds View. 2. The building be designed and maintained to provide a uniform appearance with the dwelling unit. 3. The existing accessory structures on the property be removed prior to construction. 4. Should the use change for what the permit was granted for,the permit shall become null and void. 5. Whenever,within one year after granting this conditional use permit,the work permitted by this permit shall not have been completed,then such permit shall become null and void unless a petition for extension of time in which to complete the work has been granted by the City Council. 6. Church Upon the Rock enter into a development agreement with the City of Mounds View. BE IT FURTHER RESOLVED that the Mounds View Planning Commission directs Staff to forward this resolution to the City Council prior to approval of the minutes. Adopted this 10th day of July, 1996. A1"11,ST: Chairpers 1 Je Peterson (SEAL) izte, A 4'g 1,unity Development irector, Joyce Pruitt 1 • MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 465-96 • CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING AMENDING THE MOUNDS VIEW MUNICIPAL CODE BY ADDING A NEW SECTION 1008.11, ENTITLED "VARIANCES," RELATING TO SIGN VARIANCES WHEREAS, Title 1008, entitled "Signs and Billboards," currently does not provide a maximum signage allowance for"R-5 Mobile Home Park"Districts; and WHEREAS, Ordinance No. 585 provides for a variance provision to Title 1008; and WHEREAS, the Planning Commission recommends modification to Title 1008, to provide a maximum signage allowance of up to one hundred square feet; and NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Mounds View recommends approval of Ordinance No. 585, an ordinance relating to sign variances and amending the Mounds View Municipal Code by adding a new Section 1008.11 entitled "Variances" and a new Section 1, entitled "R-5 Mobile Home Districts." •:' BE IT FURTHER RESOLVED that the Mounds View Planning Commission directs Staff to forward this Resolution to the City Council prior to approval of the minutes. Adopted this 10th day of July, 1996 ATTEST: Chairpe n terson (SEAL) Actin; Co>iunity Development Director . Joyce Pruitt MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO.466-96 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING AMENDING THE MOUNDS VIEW ZONING CODE BY ADDING A NEW CHAPTER 1126 ESTABLISHING A 180 DAY MORATORIUM ON NEW USE, DEVELOPMENT OR CONSTRUCTION OF PUBLIC COMMERCIAL WIRELESS TELECOMMUNICATION SERVICES WITHIN THE CITY OF MOUNDS VIEW WHEREAS,Title 1100,entitled"Zoning Code,"currently does not regulate wireless transmission and reception facilities through its Zoning Code;and WHEREAS,the Mounds View Planning Commission is in the process of reviewing the appropriate zoning for the establishment of new use,development or construction of commercial wireless telecommunication towers and antennas;and WHEREAS,market demand,rapid advances in technology and expanding federal licensure of radio frequencies has resulted in increased requests to locate telecommunication Towers and Antennas within the City; and WHEREAS,the City of Mounds View's regulation of telecommunication Towers and Antennas predates the various types of facilities requiring Towers and Antennas;and WHEREAS,the City Council is concerned that its zoning controls relating to telecommunication Towers and Antennas may not adequately address issues to these Towers and Antennas and the conditions under which they may be allowed within the City,including structural and construction requirements,co-location, setbacks,and height limitations. WHEREAS,the City of Mounds View fmds it necessary to conduct studies to determine if there is a need to amend the City's Zoning Code to its comprehensive plan relating to Towers and Antennas, and if so, adopt the appropriate amendments. WHEREAS, Ordinance No. 587 provides for a 180 day moratorium on the new use,development,or construction of telecommunication Towers and Antennas within the City. NOW,THEREFORE,BE IT RESOLVED that the Planning Commission of the City of Mounds View recommends approval of Ordinance No. 587,an ordinance amending the mounds view zoning code by adding a new chapter 1126 establishing a 180 day moratorium on new use,development,or construction of public commercial wireless telecommunication services within the City of Mounds View. BE IT FURTHER RESOLVED that the Mounds View Planning Commission directs Staff to forward this Resolution to the City Council prior to approval of the minutes. Adopted this 10th day of July, 1996 A ITEST: Chairp on eterson (SEAL) 11111 Acting ail nunity Development Director Joyce Pruitt • MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO.467-96 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF A CONDITIONAL USE PERMIT TO ALLOW AN OVERSIZED GARAGE FOR JEROME ESPESETH, 8005 WOODLAWN DRIVE,MOUNDS VIEW PLANNING CASE NO.448-96 WHEREAS,the Mounds View Planning Commission has reviewed the request of Jerome Espeseth for additional accessory square footage;and WHEREAS,the Mounds View Zoning Ordinance allows by conditional use permit up to 1,264 square feet of accessory building square footage on one lot;and WHEREAS,the proposed total accessory building square footage on the lot is 1,260 square feet,which is below the maximum allowed;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 additional accessory building square footage by Jerome Espeseth, 8005 Woodlawn Drive,contingent upon the following: 1. The conditional use permit be recorded with Ramsey County within 60 days of City.Council approval and proof of such recording be presented to the City of Mounds View. 2. The building be designed and maintained to provide a uniform appearance with the dwelling unit. • 3. The existing garage and shed be removed from the property prior to construction of the garage. 4. Should the use change for what the permit was granted for,the permit shall become null and void. 5. Whenever,within one year after granting this conditional use permit,the work permitted by this permit shall not have been completed,then such permit shall become null and void unless a petition for extension of time in which to complete the work has been granted by the City • Council. 6. Jerome Espeseth enter into a development agreement with the City of Mounds View. BE IT FURTHER RESOLVED that the Mounds View Planning Commission directs Staff to forward this resolution to the City Council prior to approval of the minutes. Adopted this 10th day of July, 1996. AI-1'1✓ST: P Chairperso Jerry Peterson (SEAL) Acting C(5m unifty Development Director, 4111 Joyce Pruitt