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Home My WebLink About09-17-1997 PROCEEDINGS OF THE PLANNING COMMISSION • CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Special Meeting September 17, 1997 Mounds View City Hall 2410 Highway 10, Mounds View, MN 55112 1. Call to Order The meeting was called to order by Chair Peterson at 7:00 p.m. 2. Roll Call Members present: Chair Peterson; Commissioners Brasaemle, Brooks, Miller, Obert, and Stevenson. Members absent: Commissioner Johnston had an excused absence. Also present: Planning Associate Ericson; City Council Liaison Koopmeiners; and • Recorder Dave Hix. 3. Approval of Minutes a. May 21, 1997 b. June 4, 1997 c. June 18, 1997 d. July 16, 1997 e. August 6, 1997 MotionLSecond• Brasaemle/Miller to approve the above listed minutes as submitted Motion carried: 6 ayes, 0 nays. 4. Citizen Requests and Comments on Items Not on the Agenda There were no citizen requests or comments from the floor. Index to Minutes Page Planning Case No. 503-97, variance to allow for a 33-foot wide curb cut, 2 which is 11 feet beyond what is allowed by City Code, 8419 Spring Lake Road. • • Mounds View Planning Commission Special Meeting September 17, 1997 Page 2 Planning Case No. 504-97, minor subdivision request for Silver Lake 4 Commons to combine two (2)vacant lots into one (1) onto which ten (10) townhouse-styled dwellings would be constructed, 2637-2645 Highway 10. 5. Planning Case No. 503-97 8419 Spring Lake Road Applicant: Steve and Laura Lattrez Variance to Allow 33-foot Curb Cut The applicant, Laura Lattrez, was present. Planning Associate Ericson briefly reviewed for the Commissioners the background of the variance request. He stated that the applicants operate a day care out of their home which is located at the above address. Asphalt Driveway Company was hired by the applicants to widen their driveway. Asphalt Driveway Company completed the work • without applying to the City for the required permits. Associate Ericson went on to list the seven requirements that must be met to approve a variance. While two of the criteria can be met, according to the City Code, all seven of the standards must be met for a variance to be granted. Associate Ericson stated that Staff is recommending approval of Planning Commission Resolution 524-97, a resolution denying the variance request of Steve and Laura Lattrez to allow for a 33-foot wide curb cut, 11 feet more than the maximum allowed by Code. i , . -• . . • • • .., -r • r • - or. - - - _ contractor made no mention of a permit and proceeded to do the work. She added that the project was completed in June. Commissioner Miller asked the applicant how far from the property line the driveway was. Associate Ericson answered by saying one foot, and this would be okay as long as the neighbor was willing to sign an agreement saying that the one-foot distance was no problem. Ms. Lattrez stated that the contractor is prepared to remove the work if the variance is • not granted. • Mounds View Planning Commission Special Meeting September 17, 1997 Page 3 It was stated as a unanimous feeling by the Commission that the contractor, having done business in the City of Mounds View in the past, knew that a permit was required. Commissioner Brasaemle stated his concern with setting a precedent by allowing an 11- foot variance over the allowable 22 feet. Motion/second: Brasaemle/Obert to approve Planning Commission Resolution 530-97, "A resolution denying the variance request of Steve and Laura Lattrez to allow for a 33-foot wide curb cut, 11 feet more than the maximum allowed by Code." Ms. Lattrez asked how much time the contractor has to remove the section of driveway in question. Associate Ericson stated that the City would notify the contractor in writing that the variance request was denied and that they [Asphalt Driveway Company] are responsible for removing the work by the stipulated date. Chair Peterson asked for a vote on the motion. • Motion carried: 5 ayes, 1 nay (Stevenson) Commissioner Stevenson stated that he voted against the resolution on the grounds that it is more work for the City to undo something that has been done. Chair Peterson told Ms. Lattrez that she had the right of appeal to the City Council if she so desired. 6. Planning Case No. 504-97 2637-2645 Highway 10 Applicant: MSP Real Estate Minor Subdivision request for Silver Lake Commons to combine two vacant lots into one onto which ten townhouse-styled dwellings would be constructed. The applicant, MSP Real Estate, was present. Associate Ericson briefly reviewed for the Commission the background on the above request. He stated that the minor subdivision process, as defined in Section 1201.03 and • described in Chapter 1202 of the City Code is required in this situation to combine the two • Mounds View Planning Commission September 17, 1997 Special Meeting Page 4 vacant parcels south of the existing apartments into one parcel for tax purposes and to eliminate the interior lot line. A Certificate of Survey drafted by a registered land surveyor will be required. Associate Ericson stated that a Park Dedication Fee, as required by City Code and based on 10 percent of the purchase price of the property, would be required before any building permits would be issued. The fee amount is $7,500. Associate Ericson also reviewed easements and changes to the survey that would need to be completed before any City Council action could take place. Associate Ericson stated that it is Staffs recommendation that the Planning Commission approve Resolution 529-97, a resolution recommending approval of a minor subdivision request of MSP Real Estate to combine the two vacant parcels south of the apartments into one lot, subject to stipulations. Chair Peterson recommended entering the plan date in the formal resolution language. • Associate Ericson complied. Commissioner Miller suggested some minor grammatical additions that would make the resolution read better. Associate Ericson complied. Motion/second: Miller/Stevenson to approve resolution 529-97, "A resolution recommending approval of a minor subdivision request of MSP Real Estate to combine the two vacant parcels south of the apartments onto one lot", subject to conditions and as amended. Chair Peterson asked for a vote on the motion. Motion carried: 6 ayes, 0 nays. 7. Staff Reports/Information Items No reports/information items were considered. 8. Chairperson and Planning Commissioners' Reports • Commissioner Brooks inquired about the status of the Highway 10 Corridor Design • Mounds View Planning Commission September 17, 1997 Special Meeting Page 5 Theme. Council Liaison Koopmeiners told the Commissioners that the design is on hold until Anthony Properties decides what is going to happen on the O'Neil Property across the street from the City Hall. Commissioner Obert suggested that Associate Ericson be given official notification for the good job that he has been doing as acting Community Development Director. Motion/second: Obert/Brasaemle to give Associate Ericson official recognition for the good work that he is doing as the acting Community Development Director. Motion passed: 6 ayes, 0 nays. 9. Adjournment to Agenda Session Chair Peterson adjourned the Special Meeting at 7:45 p.m. • (The agenda session was held immediately following adjournment of the Special Session.) Respectfully submitted, James Ericson Acting Community Development Director • • MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 529-97 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF A MINOR SUBDIVISION OF 2637 AND 2645 HIGHWAY 10 FOR MSP REAL ESTATE; MOUNDS VIEW PLANNING CASE NO. 504-97 WHEREAS, MSP Real Estate, Inc. has requested approval for a minor subdivision to combine two vacant lots located at 2637 and 2645 Highway 10, property zoned R-3, Medium Density Residential, legally described as follows: LOTS 79 AND 80 SPRING LAKE PARK HILLVIEW, SECTION 6, TOWNSHIP 30, RANGE 23, RAMSEY COUNTY, MINNESOTA WHEREAS, the Planning Commission has reviewed the applicant's request for a minor subdivision and has determined that it is in conformance with Chapters 1104, 1201, 1202, and 1204 of the Municipal Code; and • WHEREAS, the applicant has submitted a Certificate of Survey dated September 10, 1997, for the above described property; and, WHEREAS, the applicant has executed a drainage and utility easement document corresponding to those areas marked as such on the Certificate of Survey; and, WHEREAS, the applicant has drafted a shared-access driveway easement to guarantee vehicle access to the adjoining apartment buildings over and across said Lots 79 and 80; and, WHEREAS, the Mounds View Parks and Recreation Commission has a policy of requiring a cash dedication in lieu of land, as set forth in Section 1204.02, Subdivision 4; and, WHEREAS, the gross residential density per acre for this site is 7.4 which translates into a park dedication fee equivalent to ten percent of the fair market value of the land to be subdivided. NOW, THEREFORE, BE IT RESOLVED that the Mounds View"Planning Commission recommends approval of the minor subdivision request made by MSP Real Estate for Lots 79 and 80 Spring Lake Park Hillview, contingent upon the following: 1. Prior to City Council action on this request, the applicant shall provide the following: • MOUNDS VIEW PLANNING COMMISSION • RESOLUTION NO. 530-97 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION DENYING A VARIANCE TO ALLOW FOR A 33-FOOT DRIVEWAY CURB CUT AT 8419 SPRING LAKE ROAD; PLANNING CASE NO. 503-97 WHEREAS, the Mounds View Planning Commission has reviewed the request of Steve and Laura Lattrez, residing at 8419 Spring Lake Road; and, WHEREAS, this property is zoned R-1, Single Family Residential District and is legally described as: That part of Lot 38 described as follows: Commencing at the northwest corner of said Lot 38, thence southerly along the west line of said Lot 38 a distance of 375 feet to the point of beginning, thence easterly along a line parallel to the north line of said Lot 38 a distance of 211 feet; thence southerly along a line parallel to the west line of said Lot 38 to the south line of said Lot 38; thence westerly along the southerly line of said Lot 38 a distance of 211 feet to the west line of said Lot 38; thence northerly along the west line of said Lot 38 to the point of beginning; Auditor's Subdivision No. 89; Ramsey County, State of Minnesota WHEREAS, the Planning Commission has reviewed the following documents associated with this request: 1. Planning Application 2. Zoning Map 3. Site Plan 4. Letter from Applicant 5. Planning Commission Resolution No. 530-97 WHEREAS, the applicants request the variance to allow for a 33-foot driveway curb cut, which is eleven feet wider than what is allowed in Section 1121.09, Subd. 5 of the Mounds View Municipal Code; and, WHEREAS, the driveway expansion for which the variance has been.requested has already been completed; and, WHEREAS, Asphalt Driveway Company, the contractor that performed the work, failed to obtain a building permit prior to the driveway installation; and, • WHEREAS, there are no extraordinary or exceptional circumstances that apply to this property that would justify the granting of this variance request; and,