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HomeMy WebLinkAbout12-02-1998 PC • PROCEEDINGS OF THE MOUNDS VIEW PLANNING COMMISSION CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting December 2, 1998 Mounds View City Hall 2401 Highway 10, Mounds View, MN 55112 1. Call to Order The meeting was called to order by Chairperson Peterson at 7:00 p.m., December 2, 1998. 2. Roll Call Members Present: Chairperson Peterson, Commissioners Brasaemle, Miller, Obert, and Stevenson. Members Absent: Commissioner Johnson (excused) Also Present: Community Development Director Rick Jopke, Planning Associate Jim Ericson, • and Recorder Stacy Caton. Also Absent: Council Liaison Koopmeiners Index to Minutes Page Planning Case No. 542-98, Consideration of Resolution No. 562-98, a Resolution 2 Recommending Approval of a Conditional Use Permit Request to Allow for a Residential Dog Kennel Use - Tammy Schmitt Planning Case No. 539-98, Consideration of Resolution No. 563-98, a Resolution 3 Denying a Variance Request to Allow a Zero-Foot Driveway Setback. Blacktop Paving of MN, Representing Ted Jarvis, Property Owner. Planning Case No. 541-98, Consideration of Resolution No. 564-98, a Resolution 4 Recommending Approval of a Preliminary Plat to Subdivide a 25-acre parcel into Seven Lots - Anthony Properties, Represented by Wendell Smith. Planning Case No. 538-98, Consideration of Resolution No. 561-98, a Resolution 6 Approving a Variance Request to Allow for a reduced Front Yard setback for a • Parking Lot in a Commercial District -Donatelles, represented by Wendell Smith. • Mounds View Planning Commission December 2, 1998 Regular Meeting Page 2 3. Citizens' Requests and Comments on Items Not on the Agenda Chairperson Peterson opened the floor for requests and comments on items not on the agenda. No requests or comments were considered, and the floor was returned to the Commission. 4. Approval of Minutes A. November 4, 1998 Motion/Second: Brasaemle/Miller to approve the Planning Commission Regular Meeting Minutes of November 4, 1998. Ayes - 4 Nays - 0 Abstain - 1 The motion carried. • 5. Planning Case No. 542-98 Property Involved: 2206 Hillview Road Consideration of Resolution No. 562-98, a Resolution Recommending Approval of a Conditional Use Permit Request to Allow for a Residential Dog Kennel Use. Applicant: Tammy Schmitt The applicant was present. . . • • • • The applicant, Tammy Schmitt, was applying for a conditional use permit for a residential dog kennel, a Code requirement for property owners with three or four dogs. One of the licensing requirements is that the property owner shall obtain signatures of approval from more than 50 percent of the residents within 500 feet of the property proposing the kennel. The applicant was sent a map showing those properties within 500 feet along with a corresponding list of property owners/taxpayers. Of the 62 properties which fell into this category, 44 signatures were gathered in support of the application. Staff had inquired with the Police Department regarding any call or complaints associated with dogs at Ms. Schmitt's home; there were none. Ms. Schmitt currently owns two dogs and wishes to add one more to her household. The backyard to Ms. Schmitt's • home is being completely fenced in to contain the dogs. • Mounds View Planning Commission December 2, 1998 Regular Meeting Page 3 Staff was recommending approval of Resolution 562-98, a resolution recommending approval of a conditional use permit for a dog kennel for Tammy Schmitt, located at 2206 Hillview Road, with stipulations as stated in the staff report dated December 2, 1998. Brasaemle asked for the height of the fence that was being installed in her backyard. Tammy Schmitt, 2206 Hillview Road, told the Commission the fence was approximately four feet high. Motion/Second: Stevenson/Obert to approve Resolution 562-98, A Resolution Recommending Approval of a conditional Use Permit Request to Allow for a residential Dog Kennel Use, with stipulations as stated in the December 2, 1998, staff report. Ayes - 5 Nays - 0 The motion carried. Associate Ericson told Ms. Schmitt she would need to attend the December 28, 1998, City • Council Meeting for a final ruling on her application. 6. Planning Case No. 539-98 Property Involved: 2223 Hillview Road Consideration of Resolution No. 563-98, a Resolution Denying a Variance Request to Allow a Zero-Foot Driveway Setback. Applicant: Blacktop Paving of Minnesota, Representing Ted Jarvis, Property Owner The applicant and the contractor were not present. Associate Ericson gave the staff report as follows: This summer, Blacktop Paving of Minnesota installed a twelve-foot expansion to Mr. Jarvis' driveway, without having obtained the proper building permit. The City's Code requirement specifies that driveways shall maintain at least a one-foot setback from a property line. Staff, on routine inspections in this neighborhood, observed a fresh driveway expansion clearly too close to the property line, at which time it was discovered that no permit had been obtained for the work that Mr. Jarvis had contracted for. Repeated attempts to resolve the encroachment issue have been unsuccessful. On November 10, 1998, a development application was received from Mr. Jarvis. . Mounds View Planning Commission December 2, 1998 Regular Meeting Page 4 After reviewing the criteria for this type of variance, staff determined there was no hardship to justify approving a variance for this condition. Staff was recommending approval of Planning Commission Resolution No. 563-98, a resolution denying the variance request of Blacktop Paving of Minnesota to allow a zero-foot setback for a driveway and requiring said contractor to remove one foot in width of the pavement and restore the area with sod, weather permitting. Chairperson Peterson opened the public hearing. No comments were considered from the public, and the floor was returned to the Commission. Stevenson expressed his concern that the contractor was licensed in the City of Mounds View and should have been aware of permit and code requirements. Ericson said the contractor had told staff it was an oversight on their part. Brasaemle said there was no question as to where the property line was because there is an existing fence there. Motion/Second: Brasaemle/Obert to approve resolution No. 563-98, a Resolution Denying a . Variance Request to Allow a Zero-Foot Driveway Setback at 2223 Hillview Road. Ayes - 5 Nays - 0 The motion carried. 7. Planning Case No. 541-98 Property Involved: 2430 Highway 10 Consideration of Resolution No. 564-98, a Resolution Recommending Approval of a Preliminary Plat to Subdivide a 25-Acre Parcel Into Seven Lots. Applicant: Anthony Properties, Represented by Wendell Smith The applicant was not present. Associate Ericson gave the staff report as follows: The Mounds View City Council approved the development stage of the Anthony Properties Planned Unit Development (PUD) on April 27, 1998. This PUD allows for the 15-screen movie • theater, three office buildings and two retail or restaurant uses. The final plan for this development was approved administratively by the City and Building permits have been issued for • Mounds View Planning Commission December 2, 1998 Regular Meeting Page 5 the theater building only. The parking lot has been paved and striped and access points have been stubbed into both Highway 10 and Donatelles. The access to County Road H2 has been installed completely. Because of the multiple uses and potential for multiple ownership entities, a platting of the theater site, which encompasses approximately 25 acres, is required. Per City Code, copies of the plat have been sent to Ramsey County, the City Attorney, the City Engineer, the Director of Public Works, and the Rice Creek Watershed District for approval under these organization's various disciplines. The City Code also requires a park dedication either in land or a cash payment in lieu of land. Anthony Properties has indicated they will pay the required ten percent of the property's $1,032,500 value. A public hearing has been scheduled for the City Council meeting to be held December 14, 1998. Staff was recommending approval of Planning Commission resolution No. 564-98, a resolution recommending to the City Council approval of the preliminary plat for the Anthony Properties Addition, with stipulations as stated in the staff report dated December 2, 1998. Miller suggested including in the Resolution that the resolution was forwarded to the Council before the adoption of the minutes. Ericson indicated he would add the "standard" clause to the resolution. Brasaemle stated the wetland acreage was included with the theater acreage, and that the reason the parking lot was separate from the theaters was because of the public right-of-way issue. Ericson confirmed Brasaemle's statements. Stevenson asked Ericson to read Wendell Smith's written comments into the record. Ericson read the letter as follows into the record: "As I mentioned to you,I will be unable to attend the Planning Commission meeting on December 2, 1998,as I will be out of town on business. However,I will be able to attend the Council meeting on December 14. I believe that what we are asking in this subdivision is exactly what we have shown on all of our drawings that have been approved previously by the Planning Commission and the City Council. What will be before the Planning Commission is to formally approve what has been approved in the past. I would ask,that if the Planning Commission does deny our request for this subdivision,that • we have the opportunity of moving on to the Council for their vote." 11, Mounds View Planning Commission December 2, 1998 Regular Meeting Page 6 Stevenson asked if there had been talk early on in the project of blacktopping the walking path all the way from Long Lake Road to County Road H2 in lieu of some of the park dedication fee. The other Commissioners said the discussion did not take place. Ericson concurred. Motion/Second: Miller/Obert to approve Resolution No. 564-98, a Resolution Recommending Approval of a Preliminary Plat to Subdivide a 25-acre Parcel into Seven Lots with stipulation as stated in the staff report dated December 2, 1998. Ayes - 5 Nays - 0 The motion carried. 8. Planning Case No. 538-98 Property Involved: 2400 Highway 10, Donatelles Supper Club Consideration of Resolution No. 651-98, a Resolution Approving a Variance Request to Allow for a reduced Front Yard setback for a Parking Lot in a Commercial District. Applicant: Donatelles, Represented by Jeff Weyek The applicant was present. Associate Ericson gave the staff report as follows: At the Commission's last two meetings in November the merits of this variance and the criteria for granting variances were discussed. The public hearing for this request, however, was continued address the Commission prior to it taking action. Staff was recommending the approval of Planning Commission Resolution No. 561-98, a resolution approving a reduced front yard parking lot setback for Donatelles Supper Club. Motion/Second: Brasaemle/Miller to approve Resolution No. 561-98, a Resolution Approving a Variance request to Allow for a reduced Front Yard Setback for a Parking Lot in a Commercial District. Chairperson Peterson opened the public hearing. • No comments were considered from the public, and the floor was returned to the Commission. • Mounds View Planning Commission December 2, 1998 Regular Meeting Page 7 Peterson asked if there would be a sidewalk installed on the northeast side of the building that would accommodate pedestrian access. Weyek said there would be no sidewalk but there would be landscaping. VOTE: Ayes - 5 Nays - 0 The motion carried. 9. Staff Reports/Information Items A. Setting of a Public Hearing for Wednesday, December 16, 1998, at 7:00 p.m., at the Mounds View City hall, 2401 Highway 10, Mounds View, MN 55112, to consider amending Chapter 1121 of the City Code regarding curb cuts on corner lots in single-family residential districts. Ericson told the Commission the public hearing was being set to respond to Mike Tobias' appeal to the City Council of the Planning Commission's denial of his variance request. Mr. Tobias feels there is a public safety issue, which is his having to back out of his driveway into oncoming traffic. The Council saw merits in both sides of the argument and tabled any action on the appeal. The Council is directing the Planning Commission to discuss the merits of allowing two curb cuts for corner lots. Jopke added that the second issue that should be discussed is whether or not this type of work, as Mr. Tobias argued, is maintenance work as opposed to new construction or replacement work. Obert said the original asphalt, base and even some tree roots had been removed in order to do the work that Mr. Tobias had contracted for. It was his opinion that the work done at the Tobias residence was new construction. Obert expressed his concern that rewriting a code just to accommodate one variance request would set a very dangerous precedent for the future of the City; more dangerous than granting the variance. Brasaemle suggested that the Commission revisit the Code; however, the message that should be sent to the Council is that this variance is a separate issue and should not be tied to the outcome of this reconsideration of the Code. Jopke said it is important to understand the Code and make sure that the reasons for the Code are still valid and needed. Obert asked staff to make sure that the Council Liaison is present at the Planning Commission meeting on December 16, 1998. Ericson stated he would include comments from the City Attorney in the staff report that is prepared for the public hearing. Peterson suggested including the rationale that was used when the code was implemented in 1979. Mounds View Planning Commission December 2, 1998 Regular Meeting Page 8 B. Other Issues. Jopke told the Commission that the Truth-In-Taxation meeting had been held the previous Monday evening. The major points that came out of the meeting are that the City will adopt the maximum levy increase of 4.3 percent. The franchise fee will be raised from 2.5 percent to 3 percent. The YMCA is still under consideration for the management of the Community Center as well as the Park and Recreation Department facilities. The City is also considering "contracting out" for building inspection services. Hiring of a new CSO is being considered. This person would be responsible for traffic control and code enforcement. Obert asked if the projected budget shortfall was based on the City operating the Parks and Recreation Department or the YMCA operating the Parks and Recreation Department. Jopke said the projection was based on the YMCA running the Parks and Recreation Department. Jopke told the Commission MnDOT has indicated that when Highway 10, 610, and 118 are complete they will be prepared to turn the facilities back to the County. MnDOT has indicated this will happen in July of 1999. Jopke told the Commission that televising of the Planning Commission meetings will begin sometime early in the new year. 10. Chairperson and Planning Commissioners Reports No reports were considered from the Planning Commission. 11. Adjournment to Agenda Meeting There being no further business before the Mounds View Planning Commission, Chairperson Peterson adjourned the meeting at 8:11 p.m. (The meeting immediately adjourned to the Agenda Session.) Respectfully submitted, Rick Jopke Community Development Director • N:\DATA\USERS\BARBB\SHARE\KEEP-IT\WPDOCS\COMMDEV PLANNING\MINUTES\12-02-98.REG i Planning Comm. Mtg December 2, 1998 Please Sign In ! Name Address Phone # Item of Interest: tajr1WI�'-NCO/ �I i li via() kel `7 q5-C�9 S �c �� lx. 44-4 k lD �V Kox Lk_ k._(,.ic (12 two (:\,/ [ u 2s- 1 i q to u 0 ud • • 411 MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 561-98 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A VARIANCE TO ALLOW FOR A FIVE-FOOT FRONT YARD PARKING LOT SETBACK FOR DONATELLES SUPPER CLUB, LOCATED AT 2400 HIGHWAY 10; PLANNING CASE NO. 538-98 WHEREAS, the Mounds View Planning Commission has reviewed the request of George Marvin, owner of Donatelles Restaurant, represented by Wendell Smith, to allow for a reduction in the parking lot setback for the restaurant located at 2400 Highway 10; and, WHEREAS, this property is zoned B-3, Highway Business District and is legally described as follows: Tract A. That part of the Southeast quarter of the northwest quarter of Section 8, Township 30 North,Range 23 West,Ramsey County,Minnesota: • which lies northerly of a line run parallel with and distant 33 feet northerly of the east and west quarter line of said Section 8,southwesterly of a line run parallel with and distant 75 feet southwesterly of Line I described below and westerly of Line 3 described below; Line 1. Beginning at a point on the east and west quarter line of said Section 8,distant 848.5 feet west of the center thereof, thence run northwesterly at an angle of 40 degrees 07 minutes 00 seconds from said east and west quarter line(measured from west to north)for 400 feet and there terminating; Line 3. Beginning at a point or a line run parallel with and distant 75 feet southwesterly of Line 1 described above,distant 75 feet northwesterly of its intersection with a line run parallel with and distant 33 feet northerly of the east and west quarter line of said Section 8;thence-nin-sraithwesterly to a point on said 33 feet parallel line,distant 65 feet westerly of said intersection and there terminating. WHEREAS, the Planning Commission has reviewed the following documents associated with this request: 1. Planning Application 2. Location Map 3. Zoning Map 4. Site Plan,dated 10/21/98 • WHEREAS, the parking lot for which this variance is requested was constructed in 1966 or thereabouts and conformed to City Code requirements at the time; and, Planning Commission Resolution 561-98 Donatelles Variance . November 18, 1998 Page 2 WHEREAS, exceptional or extraordinary circumstances do apply to the property which do not apply generally to other properties in the same zone or vicinity and result from lot size or shape, topography or other circumstances over which the owners of the property since the effective date hereof have had no control, in that the Donatelles property is a small, unusual pie- shaped lot at the intersection of two major roadways through the City. Being less than an acre in area, the lot without question creates practical difficulties which the present owners did not create; and, WHEREAS, the literal interpretation of the provisions of this Title would deprive the applicant of rights commonly enjoyed by other properties in the same district in that enforcement of the thirty-foot parking lot setback onto the Donatelles property after thirty years of operation in its present state would potentially deprive the property of as many as 50 parking stalls, a reduction that would effectively prohibit the restaurant from operating at that location; and, WHEREAS, special conditions or circumstances do not result from the actions of the applicant in that the applicant is only seeking to improve the appearance and functionality of the parking lot and to lessen the extent of the nonconformity--the applicant did not create the conditions which necessitate the approval of a variance; and, • WHEREAS, granting the variance requested would not confer on the applicant a special privilege that is denied by this Title to owners or other lands, structures or buildings in the same district in that Donatelles Supper Club was one of the first businesses located in the City of Mounds View, a fixture that has continued to do business through four decades to the present. Granting a variance in this situation would not confer upon the applicant a special privilege, in that any property owner in a similar circumstance would be given the same consideration; and, WHEREAS, the variance requested is the minimum variance which would alleviate the hardship, in that the intent of the request is to lessen the extent of the existing nonconformity and to improve the overall appearance of the property; and, WHEREAS, the variance would not be materially detrimental to the purpose of this Title or to other properties in the same zone in that the Zoning Code was not drafted with the intent to prevent a legally conforming business from improving its operation. Granting the requested variance would serve to legitimize a dimensional nonconformity which has been in existence for thirty years; and, WHEREAS, the variance would not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets or increase the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood in that granting this variance will improve the flow of traffic in and around the site • and will be a benefit to public safety by closing the Highway 10 access from the Donatelles property. No property values will be diminished or impaired as a result of the Donatelles improvements. Planning Commission Resolution 561-98 Donatelles Variance • November 18, 1998 Page 3 NOW, THEREFORE, BE IT RESOLVED, that the Mounds View Planning Commission acting as the Board of Adjustment and Appeals approves the variance request of George Marvin, represented by Wendell Smith, to allow a five-foot setback for the existing parking lot located at 2400 Highway 10. Adopted this 18th day of November, 1998 Jerry ter n, Chairman ATTEST Rick Jopke, Comunity Development Director SEAL • N:\DATA\GROUPS\CO MDEV\DE VCAS ES\53 8-98\56 1-98A RES • MOUNDS VIEW PLANNING COMMISSION • RESOLUTION NO. 562-98 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF A CONDITIONAL USE PERMIT TO ALLOW FOR A DOG KENNEL FOR TAMMY SCHMITT, 2206 HILLVIEW ROAD; MOUNDS VIEW PLANNING CASE NO. 542-98 WHEREAS, Tammy Schmitt has applied for a conditional use permit for a residential dog kennel at her property located at 2206 Hillview Road, property zoned R-1, Single Family Residential, legally described as followed: LOT 4, BLOCK 6, PINEWOOD TERRACE NO. 3, RAMSEY COUNTY, MINNESOTA WHEREAS, The Mounds View Zoning Code allows, with a conditional use permit, three to four dogs at a single-family residence; and WHEREAS, the Planning Commission has reviewed the following documents regarding • this proposal: a. Planning Application b. Zoning Map c. 500 Foot Radius Map d. Petition e. Applicant's Statement WHEREAS, the Planning Commission finds that the signatures on the submitted petition are valid and meet the licensing requirement for residential dog kennels; and, WHEREAS, the Planning Commission makes the following findings regarding the criteria for approval of a conditional use permit, as required by Section 1125.01 Subd. 3.b.: (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. (7) The use will not cause traffic hazards or congestion. (8) Adequate utilities, access roads,drainage and necessary facilities have been or will be provided. Owning dogs, as many as four,will not have an impact to public facilities,nor generate additional traffic or cause congestion. • (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. Resolution 562-98 Schmitt Kennel CUP • December 2, 1998 Page 2 (3) The structure and site shall have an appearance that will not have an adverse effect upon adjacent residential properties. The dogs will be separated from the adjoining properties by a fence,which will prevent the dogs from running loose through the neighborhood. (4) The use, in the opinion of the City Council, is reasonably related to the overall needs of the City and to the existing land use. (5) 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. (6) The use is not in conflict with the Comprehensive Plan of the City. Having dogs as pets is a common part of the suburban residential experience, an activity which does not conflict with the zoning code nor the comprehensive plan. NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission recommends approval of the conditional use permit to the City Council, with the following recommended stipulations: • 1. No more than four dogs over the age of six months shall be allowed at the property. 2. The applicant shall be responsible for paying an annual license fee (currently thirty dollars) upon approval of this permit and again on or before every first of September thereafter. 3. The applicant shall maintain the yard in a clean, quiet, orderly, and sanitary condition. 4. The backyard shall be completely fenced in to prevent the dogs from leaving the property. 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 2nd day of December, 1998. Jerry , Chairperson erson ATTEST: Rick Jopke, Cunity Development Director • (SEAL) N:\DATA\GROUPS\COMDEV\DEVCASES\542-98\562-98PC.RES MOUNDS VIEW PLANNING COMMISSION . RESOLUTION NO. 563-98 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION DENYING A VARIANCE TO PERMIT A ZERO-FOOT DRIVEWAY SETBACK AT 2236 HILLVIEW ROAD AS REQUESTED BY BLACKTOP PAVING OF MINNESOTA; PLANNING CASE NO. 539-98 WHEREAS, the Mounds View Planning Commission has reviewed the request of the applicant, Blacktop Paving of Minnesota, representing Ted Jarvis, property owner of 2236 Hillview Road; and, WHEREAS, this property is zoned R-1, Single Family Residential District and is legally described as: Lot 8, Block 6, Pinewood Terrace No. 3, Ramsey County, State of Minnesota • WHEREAS, the Planning Commission has reviewed the following documents associated with this request: 1. Development Application,dated 11/10/98 2. Zoning Map 3. Location Map 4. Public Hearing Notice 5. Job Estimate,dated 5/5/98 6. Letter to Property Owner, dated 8/18/98 7. Building Permit Application,dated 8/19/98 8. Letter from Contractor to Rick Jarson,dated 8/19/98 9. Letter to Contractor,dated 10/22/98 10. Driveway Encroachment Agreement,dated 11/15/98 11. Planning Commission Resolution No. 563-98 WHEREAS, the applicant has requested a variance from the City Code to allow for a zero-foot driveway setback; and, WHEREAS, the driveway expansion for which the variance has been requested has already been completed; and, WHEREAS, Blacktop Paving of Minnesota, the contractor that performed the work, • failed to obtain a building permit prior to the driveway installation; and, Planning Commission Resolution 563-98 Blacktop Paving of Minnesota Variance Request December 2, 1998 • Page 2 WHEREAS, there are no extraordinary or exceptional circumstances that apply to this property that would justify the granting of this variance request; and, WHEREAS, the literal interpretation of the provisions of the City Code does not deprive the applicants of rights commonly enjoyed by other properties in the same district; and WHEREAS, the conditions which necessitate the variance request have been caused by the applicant in that the applicant failed to obtain a building permit for the work performed; and WHEREAS, granting this variance requested will confer on the applicants a special privilege that is denied by this Title to owners of other lands, structures or buildings in the same district in that driveways are required to maintain a minimum one-foot setback from adjoining properties. NOW, THEREFORE, BE IT RESOLVED, that the Mounds View Planning Commission acting as the Board of Adjustment and Appeals, (1)denies the variance request of Blacktop Paving of Minnesota, representing Ted Jarvis, property Owner of 2236 Hillview Road, and (2) requires that Blacktop Paving of Minnesota remove a one-foot's width of pavement to bring the driveway into compliance with the City Code, restoring the ground to its previous condition. • Adopted this 2nd Day of December, 1998. Jerry It-terson, Chairman ATTEST CL-4.1L, Rick Jopke, Co unity Development Director (SEAL) N:\DATA\GROUPS\COMDEV\DEVCAS ES\539-98\VARIANCE.RES • MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 564-98 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF THE ANTHONY PROPERTIES ADDITION PRELIMINARY PLAT; PLANNING CASE 541-98 WHEREAS, AP Mounds View Limited Partnership, represented by Wendell Smith, has requested approval of a preliminary plat for the property legally known as: All that part of the Southwest Quarter of the Northwest Quarter of Section 8, Township 30, Range 23, lying southwesterly of State Trunk Highway 10-62, according to the United States Government Survey thereof and situate in Ramsey County, Minnesota;and;All that part of the Northwest Quarter of the Northwest Quarter of Section 8, Township 30, Range 23, lying southwesterly of State Trunk Highway 10-62,according to the United States Government Survey thereof and situate in Ramsey County, Minnesota; WHEREAS, a preliminary plat date-stamped 11/23/98 titled "Anthony Properties Addition" has been submitted by the applicant; and, • WHEREAS, the Mounds View Planning Commission has reviewed the applicant's request for a subdivision of the 25-acre parcel bounded by Highway 10, County Road H2 and Long Lake Road into seven lots associated with the approved planned unit development and finds that it is in conformance with all applicable sections of the Mounds View Municipal Code; and, WHEREAS, the City Engineer has reviewed the preliminary plat and has found it to be in conformance with City subdivision regulations and consistent with the approved PUD plans; and, WHEREAS, The Rice Creek Watershed District has approved a drainage permit for the development and has been sent the preliminary plat for review; and, WHEREAS, Ramsey County has been provided copies of the preliminary plat and will review the plat, forwarding any comments or requested changes to the City and the applicant; and, WHEREAS, the Minnesota Department of Transportation has been sent a copy of the preliminary plat for its review and comment; and, WHEREAS, the City Attorney has reviewed the preliminary plat and is performing a"plat Opinion" to ensure all easements are represented and all persons or entities having an interest in the property are represented in the signature block; and, • WHEREAS, the Director of Public Works has reviewed the preliminary plat and finds it to represent all required utility easement areas. Planning Commission Resolution No. 564-98 Anthony Properties Addition Preliminary Plat • December 2, 1998 Page 2 NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission recommends approval of the preliminary plat requested by AP Mounds View Limited Partnership, contingent upon the following: 1. The applicant shall execute and arrange to have recorded with Ramsey County the following easement documents, approved as to form by the City Attorney, prior to the Mayor and City Administrator signing off on the plat: a. A cross-access and parking easement document which allows use of the access points, drive aisles and parking by the theater complex and the office buildings b. An access easement which allows Donatelles patrons the use of the Theater property's access points and drive aisles. c. An easement area over the northeastern most 19 feet running parallel with Highway 10, which allows for the implementation of the Highway 10 design theme improvements, such as landscaping, lighting and sidewalks. 2. The applicant shall apply for final plat approval with the City no later than six (6) • months after the date of approval of the preliminary plat; otherwise, the preliminary plat and final plat will be void unless an extension is granted by the City Council. 3. Before this plat is approved by the City, the applicant shall have paid a park dedication fee in the amount of$103,250 as required in Section 1204.02 of the Municipal Code, based upon Ramsey County assessment records. 4. Approval shall be subject to a satisfactory plat opinion, as performed by the City Attorney. 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 2nd day of December, 1998. Jerry eterson, Chairperson ATTEST: r ck Jopke, Co unity Development Director • (SEAL) N:\DATA\GROUPS\COMDE V\DE VCASES\541-98\564-98.RES