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HomeMy WebLinkAbout08-19-1992 MOUNDS VIEW PLANNING COMMISSION AUGUST 19, 1992 7:30 P.M. AGENDA SESSION 1. Review Minutes: July 15, 1992 (Special Meeting, Enclosed) 2. Review Conditional Use Permit Granted for 3030 County Road J, Planning Case No. 304-90 **************************************************************** APPLICANTS: YOUR A'1"1'ENDANCE AT THIS MEETING IS REQUESTED. PLEASE NOTIFY CITY HALL AT 784-3055 IF YOU ARE UNABLE TO AT END. THANK YOU. **************************************************************** r UNAPPROVED PROCEEDINGS OF THE PLANNING COMMISSION CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Special Meeting July 15, 1992 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 Mountin at 8:13 p.m. on Wednesday, July 15, 1992. MEMBERS PRESENT: Commissioners Burgers, 2. Roll Call Colleen, Miller, Nelson, Peterson, Stevenson, and Chair Mountin. Commissioner Ruggles had an unexcused absence. ALSO PRESENT: Planner Harrington, Councilmember Blanchard, and Recording Secretary Asleson. Motion/Second: Stevenson/Miller to 3 . Approval of 410 approve the minutes of July 1, 1992. Minutes: July 1, 1992 7 ayes 0 nays Motion Carried There were no resident requests or 4. Resident comments from the floor. Requests and Comments from the Floor Planner Harrington reviewed Planning 5. Consideration Case No. 339-92, a Conditional Use of Resolution Permit request from Lonnie Madison for a No_ 341-92 , Residential Dog/Cat Kennel at 5200 Regarding Jeffery Drive. The case had been Conditional Use previously discussed at the June 17, Permit for 1992 Agenda Session and the July 1, 1992 Residential Regular Meeting. He also noted that he Dog/Cat Kennel, and the Community Service Officer had 5200 Jeffery visited the site. Drive Planner Harrington indicated that he had driven by the site and spoken with the Community Service Officer about the complaints received regarding the Madison's dogs. He stated that the CSO had informed him that all reports filed on the property accurately reflected UN APPROV,E0 Mounds View Planning Commission July 15, 1992 Special Meeting Page 2 events that took place and that the reports seem to indicate that a problem exists on the property. Martha Madison was present to represent her son, the applicant. Commissioner Burgers asked Ms. Madison if a lock had been put on her fence gate. Ms. Madison stated that the gates are kept locked, that the dogs are being kept in the yard and that they have added on to the height of their fence. She also stated that her dogs do not bark, but that her neighbors' dogs are doing all the barking. Ms. Madison asked the Planning Commission to set up regulations. which forbid dog barking between midnight and six in the morning and to determine how much yard space a resident would need to keep a large dog. She stated that one of her neighbors has 411 two very large dogs in a small yard. Chair Mountin told the applicant that the Planning Commission serves only as a recommending body for cases like this one. Regardless of the Planning Commission's recommendation, the City Council will hold a Public Hearing on the case and will have the final authority over whether the Conditional Use Permit is granted. Planner Harrington read a memo (copy attached) from Michele Severson, Deputy Clerk. Ms. Severson had taken a comment from Gary Olson, 5209 O'Connell Drive, which stated that he was against allowing a kennel in the neighborhood. Commissioner Stevenson stated that he still had reservations regarding the applicant's ability to keep the dogs restrained and away from the many children in the neighborhood. 111 UNAPP R 0 VED Mounds View Planning Commission July 15, 1992 0 Special Meeting Page 3 Ms. Madison said that children from the school often throw balls into her yard and have been known to tease her dogs while they are in the yard. Planner Harrington stated that if this is the case, the Madisons should call the Police and have a report filed. As things are now, the only evidence that is on file regarding these dogs is that they havebeen loose on four occasions and have bitten two people. Motion/Second: Burgers/Colleen to adopt Resolution No. 339-92, recommending denial of a Conditional Use Permit for a residential dog/cat kennel at 5200 Jeffery Drive. 7 ayes 0 nays Motion Carried Planning Case No. 348-92, request for 6. Consideration • Conditional Use Permit for an oversized of Resolution accessory building, was outlined by No. 343-92, Planner Harrington. Robert Stauner regarding wishes to use an existing garage as an Conditional Use accessory building once his new, larger Permit for garage is completed. The applicant is Oversized aware that, if approved, the oversized Accessory accessory building may not be used to Building, 2454 store automobiles (except those with County Road H2 collector plates) and that he will need to remove the existing driveway. Due to the lateness of the building season, Mr. Stauner has asked that a recommendation to the Council be made as soon as possible so that the approval process is complete prior to the end of the building season. Mr. Stauner was present and available to answer questions. Commissioner Burgers asked about the ice fish house that is existing on the site. Planner Harrington indicated that the ice houses are allowed by code provided that they are not permanent fixtures. UNA°71-3 D irn Mounds View Planning Commission July 15, 1992 Special Meeting Page 4110 Mr.. Stauner stated that the ice house will be moved into the new accessory building if approved. Itis his intention to put all of the items currently in the yard into the building and clean up the appearance of his property. Motion/Second: Nelson/Peterson to approve Resolution No. 343-92, recommending approval of a Conditional Use Permit for an oversized accessory building at 2454 County Road H2. 7 ayes 0 nays Motion Carried Planner Harrington informed the 7 . Staff Report Commission that the August 5, 1992 Planning Commission would not be held as scheduled due to lack of agenda items. Chair Mountin asked that the city's 8. Report of Chair parking regulations be published in the 111next City Newsletter, as she has seen many people parking on their front lawns. Councilmember Blanchard asked for 9 . Report of volunteers to represent the Planning Councilmember Commission on the City's new Golf Course Task Force. After discussion, it was determined that Commissioner Peterson would serve as the Planning Commission representative, with Commissioners Stevenson and Nelson serving as alternates. There being no further business before 10. Adjournment the Commission, Chair Mountin adjourned the meeting at 8:49 p.m. Respectfully Submitted, Paul Harrington City Planner MEMORANDUM TO: PLANNING COMMISSION FROM: PAUL HARRINGTON, PLANNER DATE: August 13 , 1992 SUBJECT: REVIEW OF CONDITIONAL USE PERMIT 3030 COUNTY ROAD J - PLANNING CASE NO. 304-90 On May 13 , 1991, the Mounds View City Council approved resolution no. 4081 which allowed an oversized detached garage(900 sq. ft. ) and the utilization of 307 square feet of an existing attached garage as accessory building area - provided all applicable sections of the Municipal Code relating to accessory buildings were adhered to - for the property located at 3030 County Road J. Recently, in response to a request by Councilmember Pat Rickaby, staff visited the site to determine whether conditions associated with the aforementioned request were being met. Upon inspection, it was found that an automobile was being kept in the area defined in the Conditional Use Permit as accessory building area. Chapter 40 of the Municipal Code does not allow for the storage of automobiles within accessory buildings. This is a clear violation. of the Conditional Use Permit approved in Resolution No. 4081. Two courses of action are available: 1) Issue Administrative Offense in the amount of $100 for this and each subsequent violation of the Conditional Use Permit approval. 2) Revoke the Conditional Use Permit. This action would require that the existing 900 square foot detached garage be removed. I have included copies of all materials submitted as part of the original request in addition to Resolution No. 4081 so you can refamiliarize yourself with this item. The Mounds View City Council, at their August 3 , 1992 meeting, directed staff to forward this item to the Planning Commission for review and recommendation. If you have any questions, please feel free to give me a call. • .. it co V) L3 w V J v J < U u (O �J T /� l J w VJ D D L ._ .9-.9t D _.----) 1 0 o . 01 EM ' w o = Q ¢ —. u L_• a E • - V^ _ - w c w Em L. LL • 13SD1J - cu _ .4 _L . I-- .9-.0 I .0-.91 — +MOUNDS VIEW PLANNING COMMISSION _- - RESOLUTION NO. 310-91 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF THE REQUEST BY JOHN ENGBERG FOR A CONDITIONAL USE PERMIT TO ALLOW AN OVERSIZED ACCESSORY BUILDING ON HIS PROPERTY AT 3030 COUNTY ROAD J, PLANNING CASE NO. 304-90 WHEREAS the Mounds View Planning Col:mission has 'reviewed the request of Mr. John Engberg for a conditional use permit to allow an oversized accessary building on his property ' at 3030 County Road J; and - WHEREAS, the Planning Commission has reviewed the Zoning Code and recognizes that the Cade allows a 400 square foot accessory building with a conditional use permit; and • WHEREAS, the proposed accessory building is 307 square feet which is within the square footage allowed with a conditional use permit; 111 NOW, THEREFORE BE IT RESOLVED that the Mounds View Planning Commission recommends to the City Council approval of the requested Conditional Use Permit contingent upon the following: 1. The Conditional Use Permit is recorded with Ramsey County. 2 . The building shall be designed and maintained to provide a uniform appearance with the dwelling unit. 3 . The accessory building does not exceed 400 square feet. 4 . The only vehicles that may be stored in the accessory building are licensed collector vehicles . 5 . No driveway and/or apron shall be within five feet of the accessory building. 6 . The accessory building must conform with sections 40 .04, Subd. F and 40 . 10 , Subd. C(2) of the Zoning Code. 7 . Should the use for which the permit was granted be changed, the permit shall be subject to reconsideration, revocation or other action as regulated by Chapter 40 .25 of this Code. RESOLUTION NO. 310-91 PAGE TWO 411 BE IT FINALLY RESOLVED that the Planning directs Staff to forward this resolution to the Ci g ession to approval of the minutes. Council prior Adopted this Eth day of March, 1991. ATTEST: CNP_t r.rna n • (SEAL) • • Planning Technician RESOLUTION NO. 4081 • CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING THE CONDITIONAL USE PERMIT REQUEST BY JOHN ENGBERG TO CONSTRUCT AN OVERSIZED GARAGE AT 3030 COUNTY ROAD J WHEREAS, Mr. John Engberg, 3030 County Road J, has requested a conditional use permit to allow for the construction of an oversized garage (900 square feet) ; and WHEREAS, Mounds View Municipal Code, Chapter 40.10, Subdivision C(D) provides that the maximum size of a garage in an R-1 District shall be 864 square feet unless a conditional use permit is granted by the City; and WHEREAS, Mounds View Municipal Code, Chapter 40 . 10 , Subdivision D( 6) A through F, provides a garage may be up to 1,264 square feet when said building is designed and maintained to provide a uniform appearance with the principle dwelling unit, and if the garage is over 1,000 square feet no other accessory building will be allowed on the lot; and ' • • • WHEREAS, the Mounds View City Council has reviewed the applicant's request for a conditional use permit and determined that it is in conformance with the aforementioned conditions . NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council approves the conditional use permit to allow for an oversized garage of 900 square feet requested by John Engberg, 3030 County Road J, contingent upon the following conditions: 1. The accessory building must conform with Section 40 .04, Subdivision F, and 40 .10, Subdivision C(1) , of the Zoning Code. • 2 . The combined square footage of all accessory buildings on the lot cannot exceed one thousand two hundred sixty-four (1,264) square feet. 3 . If the garage square footage is greater than one thousand ( 1,000) square feet, no other accessory building is allowed. 4. The building shall be designed and maintained to provide a uniform appearance with the dwelling unit. Resolution No. 4081 Page Two . 5 . The width of the building cannot exceed thirty-five (35) feet nor allow for more than a three (3) vehicle access. 6 . Should the use for which the permit was granted be changed, the permit shall be subject to reconsideration, revocation or other action regulated by Chapter 40 .25 of the Zoning code. 7 . The conditional use permit shill be filed with Ramsey County for recording on the title of the subject property. Adopted this 13th day of May, 1991. ATTEST: /u -.yor (SEAL) Clerk-Administrator • • •