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HomeMy WebLinkAbout06-05-1996 4 • REQUEST FOR PLANNING COMMISSION ACTION Meeting Date: June 05, 1996 Staff Report by: Joyce Pruitt, Acting Community Development Director Planning Case 442-96 File No.: Request: The applicant is requesting a variance to allow the placement of a 20'x 40' canopy atop a gas pump island at 2280 County Road I. The applicant is requesting a variance for an eight foot encroachment into the required thirty foot front yard setback. Thus, the canopy is proposed to be placed twenty-two feet from the front yard property line. This revised plan will not be within the required thirty foot setback off County Road I and is proposed to encroach eight feet into the required thirty foot setback off Adams Street. The canopy will have ten lights, and the applicant has already been informed of the Code requirements, Section 1130.09, requiring lighting to be arranged as to deflect light away from any adjoining residential zone or from public streets. In addition, the applicant was informed that the Code requires the source of lights to be hooded or controlled in some manner so as not to light adjacent • property. Petitioner: Mr. Thomas Manke, partial owner of Mounds View Fina. Other partial owner of Fina: Leon Theis. Location: 2280 County Road I PIN No. 08-30-23-12- 0050 Zoning Land Use: Currently zoned as a legal nonconforming use within the B-2 (Limited Business District) zoning. Applicable Regulations: Chapter 1101.01, Subd. 3c, requires a 30-foot minimum setback distance for all corner lots. Chapter 1123.02, Subd. 1, provides for the continuance of the use of a legal nonconforming use with"Any structure or use lawfully • existing prior to zoning use change shall not be enlarged but may be continued at the size and in the manner of operation existing upon such date, except as hereinafter specified or subsequently PLANNING CASE NO. 442-96 STAFF REPORT FOR JUNE 05, 1996 PLANNING COMMISSION REGULAR MTG. PAGE TWO OF FOUR amended." Attachments: 1. Zoning Map 2. Site Plan 3. Letter dated April 25, 1996 from Attorney Bob Long regarding proposed Planning Commission Resolution and findings in Planning Case File No. 438-96 4. Letter dated April 12, 1996 from Attorney Bob Long regarding legal opinion for application of Nonconforming Use and Hardship Standards Relating to the Request to Construct a Gasoline Pump Canopy Requiring a 24-foot setback Variance 5. Application 6. Planning Commission Resolution No. 448-96 Background: This is a revised plan from the site plan submitted for Planning Case No.43 8-96. As you may recall, the previous variance request, which was denied by the Planning Commission and the City Council, proposed a 24'x 44' canopyatop a gas pump islandto encroach twenty-four feet into the required thirty foot setback. When Planning Case No. 438-96 was presented to the City Council, • the applicants were notified that the City Council would consider a new proposal for less of an encroachment into the required setbacks. The last time the Planning Commission considered a request for a variance to allow placement of a canopy into the required setback, Attorney Bob Long supported the Planning Commission taking a strict interpretation of Chapter 1123 of the Code, thereby denying the application. Denial was based on findings that adding a significant new structure, such as the gasoline pump canopy, would be an enlargement of the existing structure or use on the site and would thus be prohibited under Section 1123.02, Subd. 1, of the City Code. The intent of Chapter 1123 of the Municipal Code is listed as"the intent of this chapter that all nonconforming uses shall be eventually brought into conformity." It was the Attorney's opinion in Planning Case No. 438-96 that by allowing new structures to be built in connection with a nonconforming use, it is more difficult to bring the nonconforming use into conformity and may create some • • • PLANNING CASE NO. 442-96 STAFF REPORT FOR JUNE 05, 1996 PLANNING COMMISSION REGULAR MTG. PAGE THREE OF FOUR difficulty in the future in making a distinction as to which types of new structures can be built on a nonconforming use property and which types of new structures cannot be built on a nonconforming use property. In Planning Case No. 438-96, Attorney Bob Long provided a letter, dated April 25, 1996 that included copies of two Minnesota court cases. These cases clearly state that a gas pump canopy, like the one considered in Planning Case No. 438-96 and 442-96, is a structure or building within the meaning of zoning code language similar to that of Mounds View Zoning Code and under tax law and subject to the tax on real property under the tax law. Additionally, following further consultation of this variance request with City Attorney Long, an interpretation by the Planning Commission that a canopy is not a"structure" within the meaning of the Code may create several unintended negative impacts. An interpretation by the Planning Commission that a canopy is not a"structure" would be inconsistent with findings presented in Planning Case No. 438-96, and adopted by the Planning • Commission and City Council. If a canopy were interpreted not to be a"structure" then no setbacks nor any other control measures of the Municipal Code would apply. Notice of a Public Hearing for a variance request to encroach eight feet into the required thirty foot front yard setback was mailed out to residents_within 350 feet of the 2280 County Road I property. The Public Hearing is scheduled for 7:05 p.m. at the Juen 05,1 996 Regular Planning Commission meeting. Recommendation/ Analysis: Resolution No. 448-96, denying a variance, has been drafted for your review and consideration. Staff has drafted a resolution denying the variance, since the revised proposal continues to present the issue of a legal nonconforming use, as was found in Planning Case No. 438-96. It is certainly within the Planning Commission's right to grant the variance. The issue at the meeting • would be to find findings supporting approval for the Resolution. At the May 15, 1996 Planning Commission Agenda Meeting, the • PLANNING CASE NO. 442-96 STAFF REPORT FOR JUNE 05, 1996 PLANNING COMMISSION REGULAR MTG. PAGE FOUR OF FOUR Planning Commission discussed waiving the variance application fee for Planning Case No. 442-96. If the Commission is still interested in waiving the fee, a motion to waive the application fee should be made at the Regular Meeting. If you have any questions regarding Planning Case No. 442- 96, please do not hesitate to contact me at 784-3055. • • • .D N I N ` ^N I N if,,,. �N •N M M -i 08134 , 8141 Z0 ai2 •.: rt ` 10 n7 MN o CRP 3 8121 a mnna ^ nNNc • W 81O1 •�NNINM MNMN MN rNN NNNN. ......ROAD _O 7 N 107 MIMNOO�o N �V ��/�I�: � N O N � N N In MI n N N MI MI N Nar: •- o ... pARKAiffi r Y•:1�:�•: :07 N N Q --��:1�� o} Gm 7947'. NFIELD .�®r N N N N� ® V. �7 RDR ill iii i • ® .W7943 a m224 O Ra 7939 r• N NN N5701, UMW= 7935 , �'�� ;•�N N N 223 cNtl �, MOUE 7931 1N ' �m� Nt N N 2233, 4 - 4 . la R�5 1.4 -8 =KM 7927` �L ®® N�920 \ N N r ' 7st• dela, ��o ��� COLONIAL VILLAGE ��irw 7x13' •204 � ��� �' ••MOBILE PARK ® , cc 7909' Iila�N cs°,c�ca m HOME n n m O 7909MM. 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CHARTERED • Attorneys at Law 470 Pillsbury Center,Minneapolis,Minnesota 55402 BERT A.A(SOP (612)337-9300 THOMSON •IcEM.BATTERSON and CORRIN.H. JAMES J.THOMSONMSON.,,1AR . RONALD 11.BATTY 700 Commerce Building,8 East Fourth Street LARRY M.WERTHEIM STEPHEN J.BIIBUL Saint Paul,Minnesota 55101 BONNIE L.WILKINS JOAN B.DEAN (612)225-4938 JOE Y.YANG DANIELJ.GREENSWEIG DAVID J.KENNEDY Facsimile(612)337-9310 DAVID L.GRAVEN(1929-1991) CHARLES L.LEFEVERE JOHN M.LEFEVRE,JR. OF COUNSEL ROBERT J.LINDALL WRITER'S DIRECT DIAL ROBERT C.CARLSON ROBERT C.LONG ROBERT L.DAVIDSON JAMES M.STROMMEN 337-9202 WELLINGTON H.LAW FLOYD B.OLSON CURTIS A.PEARSON T.JAY SALMEN April 25, 1996 Joyce Pruitt Interim Community Development Director City of Mounds View 2401 Highway 10 Mounds View, MN 55112-1499 RE: Proposed Planning Commission Resolution and Findings in Planning Case File No. 438-96 and Court Cases Holding that a Gas Pump Canopy is a Structure Under Zoning Law and Tax Law • Dear Joyce: Please find enclosed a proposed resolution for the Planning Commission setting forth findings made at its April 17, 1996 hearing on the variance request in Planning Case No. 438-96. This resolution and these findings should be adopted at the Planning Commission meeting on May 1, 1996. In addition, I am attaching copies of two Minnesota court cases which clearly state that a gas pump canopy, like the one being considered in the present case, is a structure or building within the meaning of zoning code language similar to that of Mounds View's Zoning Code and under state tax law and subject to the tax on real property under the tax law. See, Amoco Oil Co. v. City of Maple Grove, 191 WL 115114 (Minn. App. 1991)(unpublished opinion) and Crown Coco, Inc. v. Commissioner of Revenue, 336 N.W.2d 272 (Minn. 1983) (cases attached). In the Amoco Oil Co. v. City of Maple Grove case, the Maple Grove Zoning Code's definition of "building" is exactly the same as the definition of "building" under Chapter 1102.02, subd. 11 of the Mounds View Zoning Code. The fact that the Court of Appeals found that the gas pump canopy was a building under the Maple Grove Zoning Code with the exact same language as that present in the Mounds View Zoning Code is a clear legal interpretation that the gas pump canopy proposed in this case would be considered a building or a structure under the Mounds View Zoning Code. In the Crown Coco, Inc. v. Commissioner of Revenue case, the Minnesota Supreme Court adopted the "functionality" test and specifically held that a canopy over self- service gasoline pumps is a taxable structure and subject to the tax on real property pursuant to Minnesota Statutes, Section 272.01, subd. 1. RCL103709 MU125-46 Joyce Pruitt April 25, 1996 Page 2 Both of these cases clearly show that the courts in Minnesota consider a gas pump canopy, such as the one being considered in the present case, to be a building or structure under interpretation of local zoning codes and under interpretation of Minnesota tax law. If you have any questions, please feel free to contact me. .'•cerel , Rot C. ong RCL:jes Enclosure cc: Chuck Whiting (w/o enclosure) s RCL103709 MU125-46 KENNEDY & GRAVEN CHARTERED Attorneys at Law 470 Pillsbury Center,Minneapolis,Minnesota 55402 )BERT A.ALSOP (612)337-9300 CORRINE H.THOMSON LICE M.BATTERSON and JAMES J.THOMSON,JR. RONALD H.BATTY 700 Commerce Building,8 East Fourth Street LARRY M.WERTHEIM STEPHEN J.BUBUL Saint Paul,Minnesota 55101 BONNIE L.WILKINS JOHN B.DEAN (612)225-4938 JOE Y.YANG DANIEL J.GREENSWEIG DAVID J.KENNEDY Facsimile(612)337-9310 DAVID L.GRAVEN(1929.1991) CHARLES L.LEFEVERE JOHN M.LEFEVRE,JR. OF COUNSEL ROBERT J.LINDALL WRITER'S DIRECT DIAL ROBERT C.CARLSON ROBERT C.LONG ROBERT L.DAVIDSON JAMES M.STROMMEN 337-9202 WELLINGTON H.LAW FLOYD B.OLSON CURTIS A.PEARSON T.JAY SALMEN April 12, 1996 Joyce Pruitt Interim Community Development Director City of Mounds View 2401 Highway 10 Mounds View, MN 55112-1499 RE: Legal Opinion on Application of Non-Conforming Use and Hardship Standards Relating to the Request to Construct a Gasoline Pump Canopy Requiring a 24- Foot Setback Variance Our File No. MU125-45 Dear Joyce: You have asked me on behalf of the Planning Commission to provide a legal opinion on two issues relating to the request of a gas station at the intersection of County Road I and Adams Street to construct a new 24'x44' canopy over its gas pumps which would require a 24-foot variance from the required 30-foot setback requirement under the Mounds View Municipal Code (the "City Codet') . The two issues you asked for a legal opinion regarding are: 1. Would the construction of a new gas pump canopy be permitted under Chapter 1123 of the City Code relating to non-conforming uses? 2. How should the criteria for granting a variance under Chapter 1125.02 of the City Code be applied to this application relating to whether an undue hardship exists? SUMMARY Answer to Question No. 1 Applying a strict interpretation of Chapter 1123 of the City Code, the Planning Commission and City Council could deny this application based on a finding that adding a significant new structure, such as the gasoline pump canopy, would be an • enlargement of the existing structure or use on that site and would thus be prohibited under Section 1123.02, subd. 1 of the City Code. However, the Planning Commission and City Council have the discretion to interpret the City Code in a RCL103015 MU125-45 Joyce Pruitt • April 12, 1996 Page 2 manner that carries out the intent of the City Code and protects the public interest and could, within their discretion, interpret the City Code differently to permit the construction of the proposed gas station pump canopy. The disadvantage to such an interpretation and conclusion would be that it would appear to go against the intent of Chapter 1123 which states that it is "the intent of this chapter that all non- conforming uses shall be eventually brought under conformity." By allowing new structures to be built in connection with a non-conforming use, it is more difficult to bring that non-conforming use into conformity and may create some difficulty in the future in making a distinction as to which types of new structures can be built on a non-conforming use property and which types of new structures cannot be built on a non-conforming use property. Answer to Question No. 2 By strictly applying the criteria for granting variances under Chapter 1125.02, subd. 2 of the City Code, the applicant would not appear under the facts to have a case for an undue hardship exception justifying a variance. No exceptional or extraordinary circumstances apply to the applicant's property which do not apply generally to other properties in the same zone or vicinity since all of the properties in the same zone or vicinity would have to abide by the same 30-foot setback requirements of the City Code. Again, however, the Planning Commission and the City Council have discretionto grant a variance but would have to make a finding • that based on the testimony and evidence presented to the Planning all of the criteria for granting a variance set forth in Section 1125.02, subd. 2 have been met. The fact that Chapter 1104 of the City Code relating to setback requirements was adopted in 1988 after the gas station was in operation would not by itself be the basis for granting a variance or finding an undue hardship for the applicant, since once again, exceptional or extraordinary circumstances would not appear to apply only to the applicant's property since all of the other properties in the same zone that would have been in existence prior to 1988 would also now be bound by the same setback requirements. ANALYSIS Section 1123.02, subd. 1 of the City Code states that "any structure or use lawfully existing prior to zoning use change will not be enlarged but may be continued at the size and in the manner of operation existing upon such date except as hereinafter specified or subsequently amended." Section 1123.01 of the City Code states that "it is necessary and consistent with the establishment of these districts that non- conforming buildings, structures and uses not be permitted to continue without restriction . . ." and "it is the intent of this chapter that all non-conforming uses shall be eventually brought into conformity." Such non-conforming use requirements are typically interpreted very strictly against allowing new structures to be built on a non-conforming use property. The Planning Commission and City Council would certainly be acting within their proper • discretion to apply such a strict interpretation to carry out the intent of the City Code relating to non-conforming uses. RCL103015 MU125-45 • Joyce Pruitt April 12, 1996 Page 3 If the Planning Commission and City Council were to consider allowing the construction of a 24'x44' gasoline pump canopy as requested by the applicant, the Planning Commission should consider establishing criteria which would allow it to distinguish this requested new structure on a non-conforming use property from future requests to build new structures on other non-conforming use properties Section 1125.02, subd. 2 states that "a variance of the provisions of the zoning code may be issued by the Board of Adjustment and Appeals (Planning Commission) to provide relief to the landowner in those cases where the code imposes undue hardship or practical difficulties to the property owner in the use of his land . . . A variance may be granted only in the event that the following circumstances exist: a. Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity. b. The literal interpretation of the provisions of this Title would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Title. d. That granting the variance requested will not confer on the applicant any special privileges denied by the owners of other lands, structures or • buildings in the same district. . . e. . . . Economic conditions alone shall not be considered a hardship." Inapplying the criteria set forth in clauses a, b, d and e of Section 1125.02, subd. 2 of the City Code, it would not appear from the facts as they have been presented that the applicant's circumstances would meet the criteria as stated. This is the case primarily because all properties within R-1 through B-4 zones within the City of Mounds View are all subject to a 30-foot front yard setback requirement as established by Section 1104.01 of the City Code. These requirements of Section 1104.01 apply to all properties in those zones regardless of whether those properties existed prior to the adoption of the setback requirements. Therefore, it cannot be argued by the applicant that applying the same setback requirements to his property would create an undue hardship in which exceptional or extraordinary circumstances apply to the applicant's property which do not apply generally to all the other properties in similar and other zones throughout the City that must comply with the same 30-foot setback requirements. Applying the setback requirement of the City Code would not deprive the applicant of any rights commonly enjoyed by other properties in the same district since all of the other properties in the same and similar zones would have to abide by the same 30-foot setback requirement. In fact, granting the variance to the applicant may arguably confer on the applicant a special privilege that is in fact denied to other owners of properties in the same zone or similar zones which must abide by the the 30-foot setback requirement. In addition, even if some argument could be made in favor of granting a variance of a lesser nature, a 24-foot variance on a 30-foot setback requirement would appear to be an extraordinary variance request. The Planning Commission and City Council RCL103015 MU125-45 R Joyce Pruitt April 12, 1996 • Page 4 would certainly be within their discretion to deny such a variance request based on the criteria set forth in Section 1125.02 of the City Code. CONCLUSION While the Planning Commission and City Council certainly have the discretion to interpret the non-conforming use provisions and the criteria for granting a variance from the setback requirements of the City Code based on the facts and evidence presented to them by the applicant, it would appear from the facts as they have been presented at this point, that the applicant's request to construct and 24'x44' gas pump canopy on the property could be denied based upon either the non-conforming use provisions of Chapter 1123 or the criteria for granting a variance under Chapter 1125 of the City Code. The Planning Commission and City Council would be certainly within their discretion to deny the applicant's request based on the requirements set forth in either of those Chapters of the City Code. The decision should be upheld against any possible court challenge that may be brought by the applicant. If you have any questions, please feel free to contact me. I am planning to attend the Planning Commission meeting on April 17 as you have requested unless I hear from you otherwise. Sincerely, Robert . Long RCL:jes i RQ,103015 MU125-45 5 774 P02 MAY 23 '95 13=59 123318553 ZAHL EQUIPMENT CITY OF MOUNDS VIEW el PLANNIN• G -APPLICATION APPLICANT: T �y7 /—��ccs Phone 7g��-31/60 o� ADDRESS: 0° (?c i,L/�-h/ /t ct • S Y-14rh cte) -- Ll J44/" Street Address, City, State, and Zip Code Ss// /__ Interest in Property (check appropriate boo: © Owner at Property O Contract tar Deed Owner ❑ Lessee, Operator, Manager ❑ Agreement to lase 0 Other(sapient PerunwuzrY wkisnce of apolicanea iderest ln the property rney be required before Teal Oty action of Wee request PROPRTy INVOLVED: Address/General Location , , e d 60 Ls 114 k 00 CI_ L Legal Description o Property Identification Number—�"�3 - 3 --Z.:-.-5.70---,573.— Legal f, er: Name/Address� Present Use (uletic appropriate box): O UndeveiopedNacrirrt ❑ Single Family Dwelling 0 Cuplex/Two Family Dwelfng 0 Multi-Family(No.of Units ) -0 - .712‹) Business/Corrlr:lercio Establishment .— --------- . . ,, e O loom Establishment O Other (explain) Property Cort: 0 Abstract 0 Torr • REQUEST: ita,v,c:✓�c.e, "tai ,,.."..)1C /--6-6‘.. Com(.`, ff t.---v --/-6 ,G c_1.1i... .4. 301 ALLY—,,126_1A.-k_ —rt) .L'i'1 v CI ci "473 i I iti1 t 2.,..1 inA!__‘_._ - ' (-t--J, 44 14' p 10_4,1.v,,,_ S� --j' 1- - V - , '_"d_ � � `Please nets • .., be responsible far additional fees associated with review of thus request . I HEREBY DECLARE THAT THE Aeove STATEMENT ARE TRUE. / rrsi ...+w,.......,.-RAY.Rezoning Signature S200/rere.miniruaa STPD.maximum 11,000 Pee*Fund Dudlc Nan Faye V Mem* R-1 1p R-2-$75.di where$200 Dear Pam Oarkel ne uss Permit FI-1 to R-2->a5.edl mhos=0 Receipt Blaming Code Atmeid $75 OrmaiopAite Nem Fierfew 1100/aenr,minimum 100.Inn ima i 11500 Total Nes lid 5750 Date Paid jG� 7rtep/Subdiufrion >i plum 5250 deposit Receipt Number n U Carp.Plan Amendment ! VQ \ 4 Wetland Alter�an Permit 00 plus depend determined by Steil Additlonel Fee Paid `/ :?' ,�J weeand Buffer Permit sin Date Pad 0 T r �\ Pfennig Sign SSD PUD $2150 Receipt Number ' PUD Amendment 5150 Dass of final action APPROVED Q DENTED Q 7.48LED Q III bmat.;/,-;•_3) 67 ..A Planning Casa ma. It'd - 61)/a" Adnan_Aeseolahtt No. 1'1/ ■ MOUNDS VIEW PLANNING COMMISSION • RESOLUTION NO. 448-96 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION DENYING A SETBACK VARIANCE FOR FINA, 2280 COUNTY ROAD I, PLANNING CASE NO. 442-96 WHEREAS, Thomas Manke and Leon Theis, applicants and owners of Mounds View Fina, have applied for a variance to permit the construction of a 20 feet by 40 feet canopy over a gas pump island located at 2280 County Road I in the City of Mounds View; and WHEREAS, if the variance were granted it would permit an enlargement of the existing structure which is a nonconforming use and would encroach 8 feet into the required thirty foot front yard setback; and WHEREAS, the Planning Commission of Mounds View met on June.05, 1996 and held hearing on the requested variance; and • WHEREAS, the Planning Commission has heard the testimony of the applicants and has considered the staff report and the written legal opinion of the City Attorney : ,: NOW, THEREFORE, the Mounds View Planning Commission makes the following findings and resolves as follows: 1. That Chapter 1123.01 of the Mounds View Zoning Code (the "Zoning Code") declares it to be the purpose of Chapter 1123 'that all nonconforming uses shall be eventually brought into conformity." 2. That Chapter 1123.02, Subdivision 1, of the Zoning Code states that a nonconforming use or structure "shall not be enlarged but may continue at the size and in the manner of operation" existing at the time of a zoning use change. 3. That the applicants' proposed gas pump canopy is a structure as defined by Chapter 1102.02, Subdivision 105, of the Zoning Code. 4. That no.exceptions are found to apply to the applicants' request. 5. That the use of the applicants' property is nonconforming in the B-2 District where the applicants' property is located and if the variance were granted it would result in substantial structural enlargement of the existing structure by creating a new structure on the property contrary to Chapter 1123. 6. That even if the use were conforming, the applicants have not demonstrated S that they would be subjected to undue hardship or practical difficulties in the use of their property. 3 � i RESOLUTION NO. 448-96 PLANNING CASE NO. 442-96 PAGE TWO OF TWO Based upon these findings, the applicant's request is hereby denied. 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 5th day of June, 1996. ATTEST: Chairperson Peterson (SEAL) Acting Community Development Director Joyce Pruitt • • REQUEST FOR PLANNING COMMISSION ACTION Meeting Date: June 05, 1996 Staff Report by: Joyce Pruitt, Acting Community Development Director Planning Case 439-96 File No.: • Request: The applicant is requesting a Conditional Use Permit to operate outdoor sales of produce at MoundsView Square. Petitioner: Kirk Olson of Merryville Farm Market. Location: MoundsView Square Shopping Center PIN No. 07-30-23-11- 0079 Zoning Land Use: Moundsview Square Shopping Center is currently zoned B-4, Regional Business District. Applicable Regulations: Chapter 115.04, Subd. 2, provides for"open or outdoor service, • sales and rental as an accessory use including sales in or from motorized vehicles, trailers or wagons; provided that: a. Outside service, sales and equipment rental • with the principal use is limited to 30 percent of the gross floor area of the principal use. b. Outside sales area is fenced or screened from view of neighboring residential uses or an abutting residential district in compliance with 1103.08 (1) through (5) " of the Zoning Code. c. "All lighting shall be hooded and so directed that the light source shall not be visible from the public right of way or from neighboring residences and shall be in compliance with Section 1103.09" of the Code. d. "Sales area is grassed or surfaced to control dust." • ' C Planning Case No. 439-96 • Staff Report for June 05, 1996 Planning Commission Regular Meeting Page Two of Three Attachments: 1. Zoning Map 2. Location Map (I have included Linder's location map as well for your review) 3. Letter from Paster Enterprises, dated April 18, 1996 4. Application 5. Fax from Stephanie of Paster Enterprises, dated May 16, 1996 6. Letter from Kirk Olson, dated April 23, 1996 7. Copy of Certificate of Insurance 8. Copy of References-1995 Land Owners 9. Resolution No. 449-96 Background: Kirk Olson, representing Merryville Farm Markets, is requesting a conditional use permit to operate outdoor sales of produce at the MoundsView Square Shopping Center. His intention is to place his produce sales along the southwest entrance to MoundsView Square. As you may recall, Linder's Greenhouses was issued a conditional use permit in 1996 for open and outdoor sales at MoundsView Square Shopping Center. Linder's conditional use permit allows greenhouse sales from March 20, 1996 to July 15, 1996. Mr. Olson has submitted a permission letter from Paster Enterprises for use of the parking area for the sales of produce and verification of insurance. He has also provided references for your review and consideration in this packet. Mr. Olson will not need any water hookups because he is selling only produce, which does not require a water supply. The produce sales, proposed to be located along the south west entrance at MoundsView Square will be housed in a temporary stand. Staff faxed over the color photographs Mr. Olson provided to the Planning Commission at the May 15, 1996 Agenda meeting to Stephanie of Paster Enterprises to verify the pumpkin sales set up • was acceptable. Apparently, miscommunication occurred between Paster Enterprises and the applicant. Stephanie was not aware of the size for the proposed Pumpkin Land at MoundsView Square. Stephanie contacted Staff and stated she would only allow the produce stand from 10:00 a.m. to 6:00 • • Planning Case No. 439-96 Staff Report for May 15, 1996 Planning Commission Agenda Meeting Page Three of Three p.m. from July 15, 1996 to September 02, 1996. She agreed the produce stand could be located along the south west entrance into MoundsView Square. However, if there are any traffic problems the stand will need to be relocated to where Linder's currently resides. Recommendation/ Analysis: This application appears to be very similar to Linder's Greenhouses. Resolution No. 449-96 for approval of outside produce sales has been drafted for Planning Commission review and consideration with the following contingencies: 1. Hours of operation from 10:00 a.m. to 6:00 p.m. 2. The resolution only permits the sale of produce on site. 3. Duration of operation: from July 15, 1996 to September 02, 1996. • If you have any questions on Planning Case No. 439-96, please do not hesitate to contact me at 784-3055. '® 7750 7731 iig�-® 77,39 7740 77$ '.NIIIi\ /'S 7730 7730 ® 7720 44. 7728 ®® �t e, illt- 7710 �� ennu • '�';>l O. 7710 nog Z :.............::..::............ . 7700 •ligig, O o o �m�1 R-2 -'11 N' not •• Plill 1. PUO -: R-2 N. • • O N • N NNNNCij NNNNN 2553 C9 N 0 ,, N ` 0 V . . • N cri 2549 N ` ;_: 8_4R- 7a N 2541 • • 2539 • �p 2537. 76 . .: ft, .. w . . .. . • 7 N 6 ar• •� W , . „., ... :,-..-- ^ ^/111•10 ./ n i..IIV.-r .;; ,ir IlitteL ! • Liri - CO N. • •N. � 0� � �, R 8-3 ,. . N..N. co 0 c0 � N �. ... .... . ... N N N N N-'.' 7 .— '�' r('i co O ..c0 I . .11.(C101...., 0co N _ i M 0 CON O..• c0. �' N N �' V. O .• • N p 'r c0.... 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VW j - 5 I al • l 1 April 18, 1996 Mr. Kirk Olson MERRYVILLE FARM MARKET 2015 Central Ave. NE #402 Minneapolis, MN 55418 Dear Mr. Olson: ! 3 Paster Enterprises gives MERRYVILLE FARM MARKET permission to operate and sell produce in the parking lot of Moundsview Square Shopping Center. They may operate from July, 1996 until L Day, 7 days a week 10:OOam-6:OOpm. Attached is a plot plan of the shopping center with area highlighted where you may set up. I thank you for your interest in Moundsview Square and look forward to a successful summer for all of us. Sincerely, PA R ENTERPRISES / 9 j,, / ' moi , �4:16,( /j + (v_ , e ms , 1 W � v Ste anie Kirchmai�r Mar eting Director • 2:27 . r, rs.t\i CITY OF MOUNDS VIEW PLANNING APPLICATION APPLICANT: k;fk OlSor\ - Mer f v i) �a/e r M ar ire/ Phone -7(e,3�-10 67 ADDRESS: `f7S0 ,PC-11, S-1-. S, UU. l.4-a.vey (7, NIA) S—S-J 90 • Street Address, City, State, and Zip Code Interest in Property (check appropriate box): ❑ Owner of Property ❑ Contract for Deed Owner Lessee, Operator, Manager ❑ Agreement to Purchase ❑ Other (explain) Documentary evidence of applicant's interest in the property may be required before final City action of this request PROPERTY INVOLVED: Address/General Location U.S, � (0 ) e014,4, 1 .1 ' C- 1, Mot.,,„,,, U i eta i {�'1 l- - oZ.�ndsu i St vU.ie i'to p in��17j. CPA~ { Legal Description or Property Identification Number O7 - 3/)6c 79 -3 Legal Owner: Name/Address Pas-kr , {e.r r,�5es 7 ,2Univers; f✓e, c+. PA-,1) Mti CC )1z{-Jb77 Present Use (check appropriate box): ❑ UndevelopedNacant ❑ Single Family Dwelling ❑ Duplex/Two Family Dwelling ,• O^ Multi-Family (No, of Units ) Business/Commercial Establishment ❑ Industrial Establishment ❑ Other (explain) Property Classification: ❑ Abstract ❑ Torrens REQUEST: t/t;P i ilii' /;p-Cv V i^L L)t2L'V'Sa/e5 Of- rtrildit u.-- 6141 p yrril11'i >-.rn ,.,J iA t vI 16140 IT ftl1J JOiv'f 0 -4--ohG v &lr (glib *Please note: Applicant may be responsible for additional fees associated with e review of this request I HEREBY DECLARE THAT THE ABOVE STATEMENT ARE TRUE. 4c,./(6.2",____ Signature Rezoning $200/acre,minimum$200.maximum $1,000 Park Fund Dedication Fee Variance R-1 to R-2-$75,all others Date Paid Conditional Use Permit R-1 to R-2-$75.ail $200 Receipt Number Code Appeal $75 Develop./Site Plan Review $100/acre,minimum 100,maximum $500 Total Fees Paid ,)• 3 Minor Subdivision $150 Date Paid 4-/ IA)_.a/, Maior Subdivision $250 plus$250 deposit Receipt Number ',II,;r =� Camp. Plan Amendment $200 Wetland Alteration Permit $50 plus deposit determined by Starf Additional Fee Paid • Wetland Buffer Permit $10 Date Paid Planning Sign $50 Receipt Number PUD $350 PUD Amendment $150 Date of final action / , l APPROVED 0 DENIED 0 TABLED 0 Date Nk" D-3 _' i (1 Planning Case No. LI 3 Q-0(..,, Admin.Account No. 1" I - MAY-16-1996 17:02 PASTER ENTERPRISES 612 646 1389 P.01/01 • • COVER A t FAX TRA_ ; SMISSION S H .E E T To: From: -`1-�.I('C- Fax#: 6- Subject . IVICVYV /( . Mnvk. --- Date: --q(a Pages: 4) 1 n6f ud(n9 CDVIY' COMMENTS: ) vc.p. V Men-, Mr.v IG,f is tivl I 11tq c.!G Thr'. 547,c % '_ f 4 YC r.r c -v ma /Avon oneicum- jS Al-fral�f'ldh t [r1 - �lcryt 1�n(ave . L 5 indIA1- at,-40, iferwP . i416i , • Pa- r C MY MAR pkaSS 1CHW, ovv_ �yv+ � ; s Ix D 0-C Ni1G DAlCe I J, 14 6LU 5-hx)(1 - e5 - 15 CrreOF yUL j '4U— -- 4535� +VULJ( ‘ - • pybaut,u,_ of Mounds View } 1 I(J r V 244 Mifitr 10 jyi — Mounds Viewn,MN 55112-1499 s784,1055 \On? ,n a II k\A-9%A. Fax M44462 j � ,: • S-ek CLo I MAY-16-1996 15.48 612 784 3462 / i 1A)42.:&' P.01 c 1Niwujuitte Fog Maki irrso, 1-4-4414111 4750 25th St. S.W. JERRY UNTIEDT 1 (800) 450-46. Waverly, MN 55390 KIRK OLSON (612) 484-1573 P-CVD APP-I 27711g% a-v"1 awa re. o � � -Ma j" Ps /10 Gv, ai6w )1/./e.(01+/// p✓M e Gt� bloods Ci,` mare Q r 5-eDk ib-er c° /"6. bt.)e- r v p jci - - -F6 I'5 - • , v\d are s-61 I n.!e;este � n per��4, &c14,-("// l Se iAvici 7-7/ / -;4C O o--7,-) Ai Lit ,,,/ , S r • April 22, 1996 City of Mounds View Attn: Ms. Michelle Chambers Dear Ms. Chambers, Enclosed please find our permission letter, site plan, application, list of references, color photographs, insurance policy form, and a business card. I would like to summarize the main aspects of our business that you may be interested in knowing. Merryville Farms is located in Waverly, MN, which is about 40 miles west of the Twin Cities. We have been raising produce at our farm for 25 years. Recently, we have decided to shift much of our marketing efforts into the retail produce industry. We currently operate about 25 of our farm markets throughout the state of Minnesota in July until Labor Day. We also operate 3 pumpkinlands from late September until Halloween throughout the metro area. Both of our businesses are completely self-contained and no utilities are used for our operations. We are open for business every day from 10 a.m. to 6 p.m. We have received permission from the owners of Mounds View Square to operate a farm market and a pumpkinland in 1996 on their property and are interested in obtaining a Conditional Use Permit from the City of Mounds View. If anything is unclear to you or you have any questions, please contact me at the address or telephone number provided. Thank you. Sincerely Kirk Olson - owner/manager Merryville Farm Market SES T/i8S3 $1SGA�QYVS CuUCcR c- THIS CER FiCATE IS ISSUED AS A MATTLR TLR OF INFORr.A ICN ONt. AND CONFERS NO RIGHTS UPON THE CERTIFICATE''''OLDER.THIS CEF-IFICATE DC'S NOT AMEND W I LASTED INSURANCE AGENCY ,' E.TEND OR ALTER THE COVERAGE .AFFORDED 3Y THE ?CL:C,ES -B-BELOW. ' 151 FIRST STREET NORTH . PO BOX 630 COMPANIES AP7ORDING C OVERAGE WINSTED MN 55395-0630 612-485-4141 COMPANY"=''' ANORTH STAR MUTUAL INS . CO. 4:' la • e JEROLD A. UNTIEDT = C 4750 25TH STREET SW WAVERLY, MN 55390 'P Nv COMPANY kif THIS;S TO CERTIFY THAT POLICIES Or INSURANCE LISTED BELOW HAVE SEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. _ NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION CF ANY CONTRACT CR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY A.7;' BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS,AND CONDI- TIONS CF SUCH POLICIES. yi 3' ' iiAEiLTv 11 „IN THOUSANDS x` COI TVP= OF ?iSURANCE I POL:C' .`IL 12EE.. c ./ -,00„nr,�, - GENERAL LIABILITY i '_0011_" COP,1PPEEE>1Si',c FOR^A- fl7935P-76434 12/05/94 12/05/97 �,r:'.;av 's - .-:=,iISE�:OPE?AT!ONS —' JNGE 1_ OU IC .DAMAGE^/1 F I _,PL.,SIO s :OL LAPSE -ADRO i , 3 PCOUCT...COMP'_ETEO CPE=..TIONS 3NTRLUAL ''„ti E 1 , 000 ,Si. , 0s NOEPENCE::T CONTRACTORS i TI BROAD ORM °POPERTY DAMAGE i ` =a , PERSONAL IN„i-r': . k FARMERS' COMPREHENSIVE LIABILITY AUTOMOBILE LIABILITY i .00' , i pua .), 1 I ANY AUTO j , ;!;..,-;,-,%. , ' i i ALL OWNED AUTOS '?PJV PASS j \NE OTHER'IAN`1 ==p "IS i AL.. - n+C�AUTOS(041V. PASS./ I C ''u 1 i ;HIRED AUTOS. ' I i i 'Pg0Pcgr/i I NON-OWNED AUTOS ;AGE IS Vi I i GARAGE _ABiL:?Y L_ 6i 3 PO 1 r I 'COM6L:ED I$ i is i EXCESS LIABILITY OMBINED I •TIEP • _,:ERE__. -_a:M S WORKERS' COMPENSATION sTan cav AND I$ - ' EMPLOYERS' LIABILITY . .`4 OTHER 3:: , /`>; __at.r!P-.CN OF :P=. . ..:'ISILOCAT CNSNEir!CLES.SPEC-AJ-- _.- �' ' . ROADSIDE VEGETABLE STAND `. R}- <tM ;•'.4-'4 .Mi'E i K S.PA / a --r . j*. . `- fa,? SHCULD.ANY THE.A3CVE DESCSISED POL:C;ES BE CANC'1 PT BEFORE THE E:(- F;, ! PIRATION DATE THEREOF. THE ISSUING COMPANY WILL ENDEAVOR TO y MAIL f DAYS WRITTEN NOTICE TO THE CERTIFICATE HCLOER NAMED TO THE ? LEFT.BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NC OBLIGATION OR LIABILITY i';: j OF ANY KIND 'JPCN THE COMPANY. ITS AGENTS OR REPRESENTATIVES. 2ro • A ;. i IRI CCIRME iATIIMt984tr' Merry-ville Farms Kirk Olson James Jarvi 689 Sunset Ct. 208 Norton St. Shoreview, MN 55126 Duluth, MN 55803 Tel: (612) 484-1573 or (218) 728-4321 (612) 782-1067 References (1995 Land Owners) DULUTH * Tappa Keg Bar & Restaurant 7036 Grand Ave. (W. Duluth) Owner: Dick Kelly Tel: (218) 624-9385 * Peidmont Heights - Haines Rd. & Peidmont Ave. Vacant Lot owned by: Dr. Roy R. Lempi Tel: (218) 727-1001 * Muffler Clinic II - Central Entrance Owner: Ken Larson Tel: (218) 722-0321 * Holiday Gas Station - 1530 Woodland Ave. Duluth, MN 55803 Owner: Stan Gershgol Fax: (218) 728-4544 SUPERIOR * Cards Auto Sales - 2810 E. 2nd St. Owner: Dick Gondick Tel: (715) 398-5857 * Kentucky Fried Chicken - Tower Ave. & 28th St. Owner: Bob Evenson Tel: (218) 724-2598 TWO HARBORS * Central Sales II Hardware - 1233 7th Ave. Owners: Tim and Mary Mickolajak Tel: 834-8000 k MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO.449-96 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING THE CONDITIONAL USE PERMIT REQUEST BY KIRK OLSON,REPRESENTATIVE OF MERRYVILLE FARM MARKET, MOUNDSVIEW SQUARE,PLANNING CASE NO.439-96 WHEREAS,Kirk Olson, representing Merryville Farm Market, has requested City approval to conduct open and outdoor sales at MoundsView Square Shopping Center; and WHEREAS,the Mounds View Municipal Code allows open and outdoor sales in a B-4, Regional Business Zoning District with the issuance of a conditional use permit; and WHEREAS, the Planning Commission has reviewed the following documents regarding this proposal: a)" Site Plan dated b) Letter of request dated WHEREAS,the planning Commission has determined that the proposal is in conformance with the requirements of the Municipal Code,specifically Title 1100. NOW,THEREFORE,BE IT RESOLVED, that the Mounds View Planning Commission recommends approval of the conditional use permit with the following conditions: 1. The facility shall be allowed to operate from July 15, 1996 to September 02, 1996. 2. This resolution only permits the sale of produce at the site. 3. The hours of operation of the facility shall not exceed from 10:00 am. to 6:00 p.m. resolution to the City Council prior to the approval of the minutes. Adopted this 5th day of June, 1996. A1-1'hST: Acting Community Development Director Joyce Pruitt (SEAL) Chairperson, Jerry Peterson S 111 REQUEST FOR PLANNING COMMISSION ACTION Meeting Date: June 05, 1996 Staff Report by: Joyce Pruitt, Acting Community Development Director Planning Case 440-96 File No.: Request: The applicant is requesting a minor subdivision to split one parcel in order to create two parcels. Petitioner: Larry Beach Location: 7775 Spring Lake Road PIN No. 06-30-23-34-0054 Zoning Land Use: The property is currently zoned R-1, Single Family • Residential. • Applicable Regulations: Section 1201.03, Subd. 11, defines a minor subdivision as "A subdivision of a parcel or parcels of property less than - two acres in size in which no more than one additional parcel or lot is created." Section 1202.01, Subd. 1, states "Minor subdivision requests shall require at least a surveyor's certificate for approval." Section 1104.02, Subd. 2, requires a minimum lot width for R-1 interior lots of 75 feet. Section 1104.02, Subd. 3, requires a minimum lot size requirement of 11,000 square feet for an R-1 interior lot. Section 1204.02. Subd. 2, requires a"park dedication fee" (dedication to the public for public use as parks, playgrounds, public open space or storm water holding areas or ponds) of $100.00 per acre for a gross density of 0.0 -2.0 dwelling units per acre. Attachments: 1. Zoning Map • 2. A Certificate of Survey dated May 17, 1996 3. Planning Application PLANNING CASE NO. 440-96 • STAFF REPORT FOR JUNE 05, 1196 PLANNING COMMISSION REGULAR MTG. PAGE TWO OF THREE 4. Resolution No. 450-96 Background: An agreement to purchase the 7775 Spring Lake Road property has been made between Larry Beach and the legal owner of the property, Mrs. Carlson. The proposed lots each meet the minimum lot area and width requirements as outlined in the subdivision ordinance: Required Proposed Requirement Met? Minimum Lot Area (Interior) 11,000 appr. 23,208 YES (Interior) 11,000 appr. 16, 886 YES Minimum Lot Width (Interior) 75 feet 80 feet YES (Interior) 75 feet 75 feet YES Mr. Beach has been informed of the$100 park dedication. fee requirement. This item was discussed at the May 15, 1996 Agenda Planning Commission Meeting. The Commission requested Mr. Beach present a signed Certificate of Survey. The attached survey has been provided to the City and is attached for your review. Typically, when a new parcel is created, the City of Mounds View requests drainage and utility easements. A five foot easement has been noted on the survey from the side lot lines, and a ten foot easement from the front and rear property lines for both parcels. As you may note, a garage is existing on Parcel B within 3.2 feet of the side property line, and a shed is within two feet of the side yard property line. The easement will be recorded noting five feet from the side yard property line. If the garage or shed on the property was to be torn down or enlarged, these structures will need to be located outside the required setbacks and applicable easements. Recommendation/ • Analysis: Resolution No. 450-96 for approval has been prepared with the following two contingencies: PLANNING CASE NO. 440-96 STAFF REPORT FOR JUNE 05, 1196 PLANNING COMMISSION REGULAR MTG. PAGE THREE OF THREE 1. The resolution and Certificate of Survey be recorded with Ramsey County within sixty(60) days of final adoption, and present proof of such recording to the City of Mounds View. 2. The applicant pay the park dedication fee of$100.00 • • • -57 :, "". _ 41, kl n I \\\\ - - �. , L.L_ I I 13 - a. +0 74q1 g"I"1"&"1-:il.k7: - E N I � I ( I I c,,,, o _ . 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VVV 0 ,n v, u i '. .R Jilc y �1 8 r I# ._, ! `e c r c. d o 1— 1 / Is r c 0 _ ,, N Ot ,s.I.1 N,A2 6 to O • tZ0E _ , , rF..-,iF.•-•, .- -,b-1,1- 1-,A • -, ,/ .... .i.. .,-•T :I:_ - -__''-4, ; CITY OF MOUNDS VIEW PLANNING APPLICATION " . APPUCANT: .Lar-ry 3e.Q��i Phone ??0 -2o� ADDRESS: 6o9 —/ A<a//wd c -r2 d a yyj n ds L ez S Street Address, City, State, and Zip Code Interest in Property (check appropriate box): ❑ Owner of Property ❑ Contract for Deed Owner ❑ Lessee, Operator, Manager jail Agreement to Purchase ❑ Other (explain) Documentary evidence of applicant's interest in the property may be required before final City action of this request PROPERTY INVOLVED: Address/General Location 17 rl 15 S pn•&gi La Ve r2o Legal Description or Property Identification Number -v -,3 co-'3-3'/- J0,5-4/ / Legal Owner: Name/Address AAA/N., ear Sc-,iJ AUDITOR'S SUBDIVISION Present Use (check appropriate box): NO. 89 ST. PAUL, MINN. . ❑ UndevelopedNacant • Single Family Dwelling 5 Duplex/Two Family Dwelling - • SUBJ TO SPRING LK PK RD ANO= ❑ Multi-Family (No. of Units , ) FLOWAGE ESMT THE N 25 FT OF ❑ Business/Commercial Establishment LOT 24 AND THE S 130 FT OF ❑ Industrial Establishment LOT 25 ❑ . Other (explain) • • Property Class ffcation: ❑ Abstract Eif Torrens. REQUEST: /'t 1:,v01- SL 4d I vi'S /(.3,-) 0-'4' prr,oer't y "4r ct,.>z_ tuhr,,,,e,s, id - ( c,5 ,p/c ) *Please note: Applicant may be responsible for additional fees associated with e review of this request I HEREBY DECLARE THAT THE ABOVE STATEMENT ARE TRUE. jti .��-Q-; ',�... Signattd e Rezoning $200/acre,minimum$200.macdmum $1,000 Park Fund Dedication Fee Variance R.1 to R-2-$75,all others$200 Date Paid Conditional Use Permit R-1 to R-2-$75,all others$200 Receipt Number Code Appeal $75 /5it_ a Review $100/acre,minimum 100,maximum$500 Total Fees Paid /1-0 ' °'o Minor Subdivision $150`) Date Paid y_ 0 ,c16n Major Subdivision $250 plus $250 deposit Receipt Number g-/ gs Comp. Plan Amendment $200 Wetland Alteration Permit $50 plus deposit determined by Staff Additional Fee Paid Wetland Buffer Permit $10 Date Paid Planning Sign $50 Receipt Number PUD X50 PUD Amendment $150 Date of final action APPROVED ❑ DENIED ❑ TABLED ❑ Date --3d - 9(` Planning Case No. qt./0 - q CD Admin.Account No. YL); • MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 450-96 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF A MINOR SUBDIVISION FOR LARRY BEACH, 7775 SPRING LAKE ROAD, MOUNDS VIEW PLANNING CASE NO. 440-96 WHEREAS, Mr. Larry Beach, 7775 Spring Lake Road, has requested approval for a minor subdivision dividing the northern 80 feet from the remaining property; and WHEREAS, the Planning Commission has reviewed the applicant's request for a minor subdivision and determined that it is in conformance with Chapters 1201, 1202, 1104 and 1204 of the Municipal Code. NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission recommends approval of the minor subdivision request made by Larry Beach, 7775 Spring Lake Road, contingent upon the following: 1. The resolution and Certificate of Survey be recorded with Ramsey County within sixty(60) days of final adoption, and present proof of such recording to the City of View. • 2. The applicant pay the park dedication fee of$100.00 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 5th day of June, 1996. ATTEST: Acting Community Development Director, Joyce Pruitt (SEAL) • Chairperson, Jerry Peterson • REQUEST FOR PLANNING COMMISSION ACTION Meeting Date: June 05, 1996 Staff Report by: Joyce Pruitt, Acting Community Development Director Planning Case 441-96 File No.: Request: The applicant is requesting a conditional use permit to construct an oversized garage at 8100 Groveland Road. Petitioner: Curt and Amy Clochi'e Location: 8100 Groveland Road PIN No. 06-30-23-24-0079 Zoning Land Use: The property is currently zoned R-1, Single Family Residential. Applicable Regulations: Section 1106.04, Subd. 6, requires a conditional use permit for garages exceeding 864 square feet. Section 1106.04, Subd. 6b, limits the combined square footage of all accessory buildings on one lot to 1,264 • square feet. Section 1104.01 requires a 30' front yard setback, 10' side yard setback and 30'rear yard setback for R-1 zoned properties. e '., 0. 0 .. . . . _. . .. _ conform to the front and rear setback requirements for the principle structure, and the side yard setback shall be at least five feet." Section 1106.04, Subd. 6d, requires"the building shall be designed and maintained to provide a uniform appearance with the dwelling unit." Section 1106.04, Subd. 6e, limits the width of the garage to 35 feet and provides for no more than three vehicle accesses. • Attachments: 1. Zoning Map PLANNING CASE NO. 441-96 • STAFF REPORT FOR THE JUNE 05, 1996 PLANNING COMMISSION REGULAR MTG. PAGE TWO OF TWO 2. Site Plan 3. Application Background: The property is located on Groveland Road, where Sherwood Road ends, and is currently undeveloped. The applicants wish to build an oversized attached garage to their proposed new home. The proposed garage is in conformance with all applicable zoning regulations. The applicants have been made aware that no other accessory buildings (for example, a shed) may be located on the property if this request is approved. This item was discussed at the May 15, 1996 Planning Commission Agenda Meeting. The Planning Commission expressed an interest • in verifying where existing utility easements lie on the 8100 Groveland Road property. In the site plan, the Clochi'e's have worked with Staff to locate an additional five foot utility easement lying along the south side of the property, and a five foot utility easement lies within the required ten foot setback running along the north side of the property. Recommendation/ Analysis: Resolution No. 451-96 has been drafted for Planning Commission review and consideration with the following two contingencies: 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. • 8340 8355 834C- 8 8334 358 83 --8334---- 8345 8335 00 83341 9 8334 8330 8335 8336 8325 0 8330 831211111 33 8330 Mall _ (1 8320 8325 8316 831_ 5 O 8321 8325 LL 8310 8315 8311 I 8308 Y 831 8300[1 R 8300 8305 8312 8287 8298 8301 GROVELAND 8289 I 8280 8285 PARK r 8284 8285 8290 82. 8255 _ 8280 8275 8281 8250 8261 N PF n W = 8270 8265 8230 8241 3 & -• 9270 Q 8265 N N n ^ N ARDAN N N N h r:1 Y Z..-�.. 8260 8255 8248 v cO o o `� C.1 c c ': ;n` o t l - 8250 a 8245/ iZ' N I N (N N N ry co 1824' W r,„,"" N N N in N N 8220 � --°. • 8240 d N N N N N N N N N r. 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T . s - _ - !o /s zo Zr 30 Ar 9 $ 612 [s 70 d Sith CITY OF MOUNDS VIEW PLANNING APPLICATION APPLICANT: UU r# C M_ Am� C_I OCY) Phone t0-oD.3O • ADDRESS: 0�i ) c -rua.- CtanAct_)01(1- rS rio lL 55113 .3 Street Address, City, State-,Ind Zip Code Interest in Property (check appropriate box): ❑ Owner of Property ❑ Contract for Deed Owner • Lessee, Operator, Manager •►'. Agreement to Purchase — ❑ Other (explain) Documentary evidence of applicant's interest in the property may be required before final City action of this request PROPERTY INVOLVED: 42A-(71.., 4-9,t/ gi©o -i( �o Z, -�(— Address/General Location A ay y, Legal Description or Property Identification Number G 6 4 3 Z. /d e 1e 7 Legal Owner: Name/Address � , � ��, //6e ,`f /<' Present Use (check appropriate box): Undeveloped/Vacant ❑ Single Family Dwelling • 0 - Duplex/Two Family Dwelling ❑ Multi-Family (No. of Units ) ❑ Business/Commercial Establishment ❑ Industrial Establishment ❑ • Other (explain) Property Classification: 0 Abstract 0 Torrens RQUEST: ,, i � rH I . i L/ • i 'Jar -E `.L`"ta f' la l,Q'-ri ,;i c CY;o, G fr • �/e_h l`e iP an r: :5` '��t`n rr�C ' l tYlrt t /e iir ��`r Ji?crK nhcp mare *Please note: Applicant may be responsible for additional fees associated with the revi'w of his request 1 I HEREBY DECLARE THAT THE ABOVE STATEMENT ARE TRUE. 4111 Sigriatu _�-L 1-G Rezoning $200/acre.minimum$200.maximum $1,000 Park Fund Dedication Fee Variance R-1 to R-2-$75,ail others$200 Date Paid - Conditional Use Permit R-1 to R-2-$75,ail others$200 Receipt Number Code Appeal $75 Develop./Site Plan Review 5100/acre,minimum 100,maximum $500 Total Fees Paid Minor Subdivision $150 Date Paid Maior Subdivision $250 plus $250 deposit Receipt Number Como. Plan Amendment $200 ip Wetland Alteration Permit $50 plus deposit determined by Staff Additional Fee Paid Wetland Buffer Permit $10 Date Paid Planning Sign $50 Receipt Number PUD $350 PUD Amendment $150 Date of final action c� /- t1 / APPROVED 0 DENIED 0 TABLE 1.11Date 5 - g l ll! Planning Case No. l+ti£ (P Admin.Account No. MOUNDS VIEW PLANNING COMMISSION • RESOLUTION NO. 451-96 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF A CONDITIONAL USE PERMIT TO ALLOW AN OVERSIZED GARAGE FOR CURT AND AMY CLOCHI'E, 8100 GROVELAND ROAD,MOUNDS VIEW PLANNING CASE NO. 441-96 WHEREAS,the Mounds View Planning Commission has reviewed the request of Curt and Amy Clochi'e 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 sqaure footage on one lot; and WHEREAS,the proposed total accessory building sqaure footage on the lot is 1,262 sqaure feet, which is belwo 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 Curt and Amy Clochi'e, 8100 Groveland Road,contingent upon the following: 1. The conditional use permit be recorded with Ramsey County 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. Should the use change for what the permit was granted for,the permit shall become null and void. 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 5th day of June, 1996. ATTEST: Acting Community Development Director, Joyce Pruitt (SEAL) Chairperson,Jerry Peterson • MEMO TO THE MOUNDS VIEW PLANNING COMMISSION To: Mounds View Planning Commission From: Joyce Pruitt Subject: Proposed Foster Care Ordinance, Ordinance No. 575 Date: May 31, 1996 Staff contacted Attorney Bob Long to discuss clarification of the provision of Subd. 3, relating to the number of foster care children in a home. Subd. 3, of Ordinance No. 575, has been clarified to read . . . "shall be allowed as permitted uses to serve not more than eight children per home, not including the foster family's own children." The proposal for up to eight children, as you may recall, was directed by City Council at the May 06, 1996 City Council work session. • Resolution No. 452-96, recommending amending Chapter 1106, Section 1106.02 Entitled R-1, Single Family District, pertaining to foster care facilities has been prepared for your review and consideration. If you have any questions, please do not hesitate to contact me at 784-3055. • • MOUNDS VIEW PLANNING COMMISSION • RESOLUTION NO. 452-96 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING AMENDING CHAPTER 1106 OF THE MOUNDS VIEW MUNICIPAL CODE ENTITLED "R-1, SINGLE FAMILY RESIDENTIAL DISTRICT,"PERTAINING TO FOSTER CARE FACILITIES WHEREAS, the purpose of the Zoning Code is to protect the public health, safety and welfare of residents of the City; and WHEREAS, this purpose is accomplished by regulating permitted and conditional uses within zoning districts; and WHEREAS, the existing Zoning Code restricts the number, ages of children and the duration of their stay at a foster care facility; WHEREAS, the Minnesota Statutes 462.357 Subd. 7 allows for a state licensed residential facility serving six or fewer persons; a licensed day care facility serving 12 or fewer persons; a group family day care facility licensed under Minnesota Rules, parts 9502.0315 to 9502.0445 to serve 14 or fewer children as permitted single-family uses; and WHEREAS, the existing Mounds View Zoning Code is in need to modifications to adequately meet the Minnesota Statute requirements; and WHEREAS, the Planning Commission recommends modification to the Chapter 1106, Section 1106.02 entitled R-1, Single-Family Residential District, to include the following permitted uses: a. A state licensed residential facility serving six or fewer persons; b. A licensed day . - - • • - .._ •- -• -; c. A group family day care facility licensed under Minnesota Rules, parts 9502.0315 to 9502.0445 to serve 14 or fewer children. d. Residential facilities whose primary purpose is to treat juveniles who have violated criminal statutes relating to sex offenses or have been adjudicated delinquent on the basis of conduct in violation of criminal statutes relating to sex offenses shall not be considered a permitted use. e. Not withstanding the provision of subdivision 2 of Section 1106.02 herein, foster family homes as identified in Chapter 9545, Section 6545.0010, Subp. 7 of Minnesota Rules shall be allowed as permitted uses to serve not more than eight children per home, not including the foster family's own children. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of • Mounds View recommends approval of Ordinance No. 575, an ordinance relating to foster family homes and amending the Mounds View Zoning Code by amending Chapter 1106, Section • RESOLUTION NO. 452-96 RECOMENDING APPROVAL OF ORDINANCE NO. 575 PAGE TWO OF TWO 1106.02, entitled"R-1Single Family Residential District." 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 5th day of May, 1996 ATTEST: Chairperson Peterson (SEAL) Acting Community Development Director Joyce Pruitt • • ORDINANCE NO. 575 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE RELATING TO FOSTER FAMILY HOMES AND AMENDING THE MOUNDS VIEW ZONING CODE BY AMENDING CHAPTER 1106, SECTION 1106.02 ENTITLED R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT THE CITY OF MOUNDS VIEW ORDAINS: Section 1. Section 1106.02 is amended to read: 1106.02: Permitted Uses: The following are permitted uses are permitted in an R-1 District: Subd. 1. Single-family detached dwellings. : .. • • .• • - , 1,• • • • • 1 • • •.. ,1 1 , •• 1,- twealty onv(21) k -under, are caked for twenty foar(24)hours day for a period of thirty(30) • •:-. • ., • ' ' • • . ., ,I • • •• III •• 1 • , . , • • • • • ., • .1 1, • 1, • • •• • • — •• • •• • • •• • . • • • • • • 1 _ •., • . . ., - .. •• - • • ; • • • • • • el. •. • • • • ., • • , • • . • ., • .5 • - • ••- • •• • - ., 11 • • •• , • Subd. 2. Permitted single-family uses allowed under Minnesota Statutes 462.357, Subd. 7 as follows: a. A state licensed residential facility serving six or fewer persons; b. A licensed day care facility serving 12 or fewer persons; e. A group family day care facility licensed under Minnesota Rules, parts 9502.0315 to 9502.0445 to serve 14 or fewer children. d. Residential facilities whose primary purpose is to treat juveniles who have violated criminal statutes relating to sex offenses or have been adjudicated delinquent on the basis of conduct in violation of • criminal statutes relating to sex offenses shall not be considered a permitted use. • ORDINANCE NO. 575 1996 PAGE TWO OF TWO. Subd. 3 Notwithstanding the provision of subdivision 2 herein, foster family homes as identified in Chapter 9545, Section 9545.0010, Subp. 7 of Minnesota Rules shall be allowed as permitted uses to serve not more than eight children per home, not including the foster family's own children. Subd. 4. Essential services Subd. 5 Public parks and playgrounds. Sec. 2. This ordinance shall take effect thirty days after the date of its publication. Read by the City Council of the City of Mounds View this day of , 1996. Read and passed by the City Council of the City of Mounds View this day of , 1996. • (SEAL) Jerry Linke Mayor ATTEST: Chuck Whit Clerk-Administrator APPROVED AS TO FORM: City Attorney • • MEMO TO THE MOUNDS VIEW PLANNING COMMISSION To: Mounds View Planning Commission From: Jennifer Bergman,Housing Inspector Subject: Resolution No. 453-96,Supporting Capacity Building Grant application Date: May 31, 1996 Attached is Resolution No. 453-96 in support of the Capacity Building Grant application offered by the Minnesota Housing Finance Agency(MHFA). The purpose of the grant is to assist agencies to more effectively address the housing needs of their community. Grant funds may be used for studies and analysis, staff training, and legal and professional services. One of the eligible uses for the Capacity Grant is for staff training. The National Development Council (NDC) offers a three week training course in housing development and finance. The NDC trains most housing officials and has an excellent reputation: In addition, it is backed by the Minnesota Housing Finance Agency. I will be applying for the grant to attend this three week training course. The maximum grant amount is $10,000. I anticipate asking MHFA for $5,000 or less depending on the cost of the training. If you have any questions, please do not hesitate to contact me at 784-3055. S MOUNDS VIEW PLANNING COMMISSION • RESOLUTION NO. 453-96 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF A CAPACITY BUILDING GRANT APPLICATION TO THE MINNESOTA HOUSING FINANCE AGENCY FOR HOUSING RELATED TRAINING WHEREAS, the Minnesota Housing Finance Agency offers a Capacity Building Grant annually on a competitive basis; and WHEREAS, one of the allowed uses under the Capacity Grant is for staff training related to housing development, housing management, or other subjects related to the provision of housing or housing services; and WHEREAS, the National Development Council offers a three week training course in housing development, management and finance; and WHEREAS, applying for this grant would allow Staff to attend the training at minimal cost to the cost to the City of Mounds View and increase the knowledge of staff`' • for future housing related projects such as rehabilitation of the existing housing stock; • NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission supports the submission of this application to the Minnesota Housing Finance Agency on behalf of the City of Mounds View to increase the knowledge of staff in the areas of housing management, development and finance. BE IT FURTHER RESOLVED that the Mounds View Planning Commission directs Staff to forward this Resolution to the City Council pr. . ..•• • - . .- minutes. Adopted this 5th day of May, 1996. ATTEST: Chairperson Peterson (SEAL) Acting Community Development Director • Joyce Pruitt 111 MEMO TO THE MOUNDS VIEW ir PLANNING COMMISSION To: Mounds View Planning Commission From: Joyce Pruitt Subject: Proposed Ordinance No. 584, An Ordinance Amending the Mounds View Municipal Code by Adding a new Section 1008.11, Entitled "Variances" Date: May 31, 1996 Following Planning Commission discussion at the May 15, 1996 Agenda Meeting, Staff has received suggested format changes by Attorney Bob Long to the proposed variance procedure to the Sign Ordinance. A copy of the noted changes is attached for your perusal. These changes have been incorporated into attached Ordinance No. 584. Resolution No. 454-96 recommending amending the Mounds View Municipal Code by adding a new section 1008.11, entitled "Variances," is attached for your consideration ' 4 If you have any questions, please do not hesitate to contact me at 784-3055. 0 - • MEMO TO THE MOUNDS VIEW PLANNING COMMISSION To: Mounds View Planning Commission From: Joyce Pruitt Subject: Proposed Ordinance No. 584, An Ordinance Amending the Mounds View Municipal Code by Adding a new Section 1008.11, Entitled"Variances" Date: May 31, 1996 Following Planning Commission discussion at the May 15, 1996 Agenda Meeting, Staff has received suggested format changes by Attorney Bob Long to the proposed variance procedure to the Sign Ordinance. A copy of the noted changes is attached for your perusal. These changes have been incorporated into attached Ordinance No. 584. Resolution No. 454-96 recommending amending the Mounds View Municipal Code by adding a mik new section 1008.11, entitled"Variances," is attached for your consideration If you have any questions, please do not hesitate to contact me at 784-3055. • • Vv • e - AI- 5 wir' 0:0S,reg\ I. .e ORDINANCE NO. s CITY OF MOUNDS VIEW COUNTY OF RAMSEy STAR OF Afe 'NESOTA AN ORDII1iANJAMENDJNGmi ADG SECTIONClPAL COD �� MOL'h'DS��V BY 1008.1 I,E ACES;+ N 4,,,J THE CITY OF Moms VIEvi oRDA•wS: SECTION 1. TITT„g 1008, u • ENTITLED SIGNS AND BILLBOARDS"shall be amended to add a new Section 1103.11 of the Mounds View Municipal Code to read: t r tm vaztances: S d. 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Icil ••• .f _ . aBALI . , • Alma. • fiv_Ckrk..._Adzmmjtwsx • • • • ORDINANCE NO.584 • CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE RELATING TO SIGN VARIANCES AND AMENDING 111J MOUNDS VIEW MUNICIPAL CODE BY ADDING A NEW SECTION 1008.11, ENTITLED "VARIANCES" THE CITY OF MOUNDS VIEW ORDAINS: SECTION 1. TITLE 1008, ENTITLED "SIGNS AND BILLBOARDS" shall be amended to add a new Section 1008.11 of the Mounds View Municipal Code to read: Subd. 1 Criteria for granting variances: A variance to this provision of the Section 1008 may be issued by the Board of Adjustment and Appeals to provide relief to the landowner in —� those eases where the Code imposes undue hardship or'pr'actical difficulties'.:=_ to the property owner. A variance may be granted in the event the following circumstances exist: a. Exceptional or extraordinary circumstances 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 had no control. b. The literal interpretation of the provisions of this Title would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Title. c. That the special conditions or circumstances do not result form the actions of the applicant. d. That granting the variance requested will not confer on the applicant any special privilege that is denied by this Title to owners of other lands, structures or buildings in the same district. e. That the variance requested is the minimum variance which would alleviate the hardship. ORDINANCE NO. 584 1996 PAGE TWO OF TWO f The variance would not be materially detrimental to the purpose of this Title or to other property in the same zone. g, The Board of Adjustments and Appeals may consider other circumstances under which the literal interpretation of the provisions of this Title create an undue hardship on the applicant. Economic hardship may be a circumstance for issuance of a variance. • Subd.2 Variance requests, fees. All requests shall be made in writing on the form provided by the city and the request shall include the fee specified in the City's Fee Charges. All information required when applying for a sign permit, as outlined in Section 1008.03 shall be required before the request for a variance is considered. SECTION 2. This ordinance is effective thirty(30) days after publication. • Read by the City Council of the-City'of Mounds:View'this ` dav'of ' 1996:- = s` Read and passed by the City Council of Mounds View this day of 1996. • (SEAL) Jerry Linke Mayor AFThST: Chuck Whiting City Clerk-Administrator I- •. r MOUNDS VIEW PLANNING COMlYIISSION RESOLUTION NO. 454-96 CTTY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING AIV ENDING THE MOUNDS VIEW MUNICIPAL CODE BY ADDING ANEW SECTION,1008.11,ENTITLED "VARIANCES," RELATENG TO SIGN VARIANCES WHEREAS, Title 1008, entitled"Signs and Billboards," currently does not provide for relief to landowners in cases where the Title imposes undue hardship or practical difficulties to the property owner, and WHEREAS, Ordinance No. 584 provides for a variance provision to Title 1008; and WHEREAS, the Planning Commission recommends modification to Title 1008, to provide relief to landowners in cases where the Title imposes undue hardship or practical difficulties through established criteria for granting variances; and NOW, THEREFORE,BE IT RESOLVED that the Planning Commission of the City of Mounds View recommends approval of Ordinance No. 584, an ordinance relating to sign__ ;� variances and amending the Mounds View Municipal Code by adding a new Section 1008.11 Alp entitled "Variances." 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 5th day of May, 1996 ATTEST: Chairperson Peterson (SEAL) Acting Community Development Director Joyce Pruitt