HomeMy WebLinkAbout02-05-2003
MOUNDS VIEW PLANNING COMMISSION
February 5, 2003 -- 7:00 P.M.
REGULAR MEETING AGENDA
1. Call to Order 2. Roll Call 3. Approve Minutes: January 8, 2003 4. Citizens Requests and Comments on Items Not on the Agenda
CITIZENS: BEFORE SPEAKING, PLEASE COME TO THE PODIUM,
AND GIVE YOUR FULL NAME AND ADDRESS FOR THE MINUTES
5. Continued Discussion Regarding Request to Restrict Parking Along the East Side of
Greenfield Avenue, South of County Road I
6. Planning Cases VR03-001
Public Hearing and Consideration of a Variance to Allow a Reduction in the Number
of Parking Spaces Required for a Six-Unit Multiple Dwelling Rental Property
Location: 2075 Hillview Road
Applicant: Thuy Thi Bui
APPLICANTS: YOUR ATTENDANCE AT THIS MEETING IS REQUESTED.
PLEASE NOTIFY THE COMMUNITY DEVELOPMENT DEPARTMENT AT
763-717-4020 IF YOU ARE UNABLE TO ATTEND.
7. Review and Discussion of Planning Commission Bylaws
8. Next Planning Commission Meeting: February 19, 2003
9. Adjournment to Agenda Session
AGENDA SESSION
1. Staff Reports
2. Chairperson and Planning Commissioners’ Reports
Item # 5
City of Mounds View
Planning Commission Report
Meeting Date: February 5, 2003
Title: UPDATE REGARDING THE POSSIBILITY OF POSTING
GREENFIELD AVENUE SOUTH OF COUNTY ROAD I “NO
PARKING”
Background:
At the Planning Commission’s meeting on January 22, 2003, the Commission continued their
discussion of the parking situation on Greenfield Avenue in response to the overflow parking
generated by the business(es) located at 2402 County Road I. The property owner had indicated
a willingness to expand his parking lot by four stalls, however this would require a variance
amendment and the execution of a limited use agreement between the property owner and the
City. The Commission was provided with a resolution to restrict parking on the east side of
Greenfield Avenue from the corner of Greenfield and County Road I to the northernmost
driveway of the apartment complex, however the Commission did not feel the parking restriction
would resolve anything and staff was directed to bring back to the Commission additional
information pertaining to distances from the corner and potential impacts to properties further
south of the corner.
Discussion:
Staff inspected the area and took measurements relative to the distances from the corner of
Greenfield Avenue and County Road I. The first measurement was to the location of the first
proposed “No parking from Here to Corner” sign, just north of the northernmost driveway access
to the apartment complex. The second measurement was a 300-foot setback, then a 350-foot
setback, and last, a 500-foot setback. These locations are marked respectively on the attached
map as locations A, B, C and D,
Based on the discussion from the last meeting, the Commission has already indicated that
Location A, about 150 feet from the corner, was unacceptable. Location B, at 300 feet from the
corner, is situated across the street from the 7656 Greenfield Avenue, north of its driveway by
perhaps 30 feet. There are no obstructions on the east side of Greenfield at this spot. Location
C, 350 feet from the corner, is located almost directly across from the property line between 7656
and 7644 Greenfield. While there are no obstructions on the east side of Greenfield at this point,
the driveway for 7656 Greenfield is at the south end of the lot and vehicles parked on the street
could be an obstruction for residents backing out of the driveway onto Greenfield. Location D,
intended to represent a 500-foot setback from the corner, is actually about 515 feet due to a
driveway serving Greenfield Estates.
No Parking Report
February 5, 2003
Page 3
Recommendation:
The Planning Commission may choose to act on the attached resolution, Resolution 718-03,
recommending posting the east side of Greenfield Avenue “No Parking from Here to Corner.”
The Resolution does not indicate the actual distance back from County Road I and would need to
be added as part of its adoption.
James Ericson
Community Development Director
Attachments:
1. Resolution 718-03
MOUNDS VIEW PLANNING COMMISSION
RESOLUTION NO. 718-03
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION RECOMMENDING INSTALLATION OF A “NO PARKING FROM
HERE TO CORNER” SIGN ON THE EAST SIDE OF GREENFIELD AVENUE FOR
PUBLIC SAFETY PURPOSES
WHEREAS, the Mounds View Planning Commission has reviewed the parking situation
on Greenfield Avenue between County Road I and Bronson Drive in response to complaints from
residents in this area; and,
WHEREAS, the business located at 2402 County Road I consistently and regularly
overflows its parking lot resulting in employees and customers parking on Greenfield Avenue;
and,
WHEREAS, the west side of Greenfield Avenue has already been posted as No Parking
to control and restrict on-street parking on this block.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City
of Mounds View, finding there to be sufficient cause and in the interest of public safety,
recommends that a “No Parking from Here to Corner” sign be installed on the east side of
Greenfield Avenue, ______ feet south County Road I.
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 February, 2003.
____________________________________
Jean Miller, Acting Chairperson
ATTEST
____________________________________
James Ericson, Community Development Director
(SEAL)
City of Mounds View
Planning Commission Report
Meeting Date: February 5, 2003
Title: PUBLIC HEARING TO CONSIDER A VARIANCE IN THE
PARKING REQUIREMENTS RELATING TO A PROPOSED
EXPANSION OF A FOUR-UNIT MULTI-FAMILY STRUCTURE TO
A SIX-UNIT MULTI-FAMILY STRUCTURE
Introduction:
The property owner of 2075 Hillview Road has requested a permit to expand her four-plex by
constructing two additional units in the basement of the four-unit building. The property is zoned
R-3, Medium Density Residential. In terms of density, both a four-plex and a six-unit building
would be appropriate for this district. However, there is not enough parking on-site to satisfy the
zoning requirements for a six-unit building which has prompted the property owner to request a
variance.
Discussion:
Chapter 1121 of the Zoning Code requires that multi-family housing developments provide a
minimum of 1 and ½ outdoor parking stalls per unit and 1 garage stall per unit for a total of 2 ½
parking stalls per unit. Currently there are twelve stalls on the site, of which only two are garage
stalls. While the total number of stalls satisfies the total number presently required, there should be
two more garage stalls for the property to be completely conforming to the City Code. To expand
the number of dwelling units in the building, there would need to be a total of 15 stalls, six of which
garage spaces. The variance being requested then is to maintain the present parking capacity at 12
with only the two garages.
While the property may have more parking capacity than many of the other surrounding four-plex
units by virtue of the garage stalls, if the property were to expand to six units, the number of
additional vehicles could potentially exceed the lot capacity on a daily basis. Where would the
overflow parking be satisfied? One could suggest that as a condition of the variance, the property
owner could, through a lease provision, limit the number of resident vehicles to no more than two per
unit, which would be consistent with the parking capacity of the site, but then there would be no
parking for visitors.
Upon closer inspection of the property, it does appear as though there is a possibility that additional
parking and/or garages could be constructed on the site, however a survey would need to be
completed to verify setbacks and spacing requirements.
Variance Considerations:
For a variance to be approved, there needs to be demonstrated hardship or practical difficulties
associated with the property that makes a literal interpretation of the Code overly burdensome or
restrictive to a property owner. State statutes require that the governing body (the Planning
Item # 6
Commission) review a set of specified criteria for each application and make its decision in
accordance with these criteria. These criteria are set forth in Section 1125.02, Subdivision 2, of the
City Code. The Code clearly states that a hardship exists when all of the criteria are met. The
individual criteria are as follows:
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 have had no control.
The property is zoned R-3 and is improved with a four unit residential dwelling. The
property is similar to the other four-unit dwellings in this area of the City. The lot is not
irregularly shaped however there is a slope toward the rear of the property and a drainage
easement that restricts development in this area.
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.
The subject property appears similar to the majority of R-3 zoned properties in this area. The
literal interpretation of the provisions found in the Zoning Code would not deprive the
applicant of rights enjoyed by other properties in the same zone, in that no other property
owner is seeking to increase density by expanding to a six unit residential dwelling.
c. That the special conditions or circumstances do not result from the actions of the
applicant.
The four-plexes in this area may have been constructed prior to the enactment of the zoning
code provision which requires garage stalls for each unit. To that end, the property is
considered a legal, non-conforming use. Increasing the density, however, is an action of the
property owner.
d. That granting the variance requested would 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.
Granting the variance would confer upon the property owner a special privilege that
would be denied other property owners. To expand one’s property, one must have
adequate parking to meet the increased demand.
e. That the variance requested is the minimum variance which would alleviate the
hardship. Economic conditions alone shall not be considered a hardship.
The variance requested is twofold—a reduction in the number of garage stalls and a reduction
in the total number of parking stalls provided. Because it appears as though additional parking
could be added to the site, the variance requested is not the minimum to alleviate the hardship.
f. The variance would not be materially detrimental to the purpose of this Title or to
other property in the same zone.
Granting a variance to allow the expansion of the structure from a four unit building to a six
unit building without a corresponding increase in the parking capacity of the site would be
detrimental to the intent of the zoning code and would potentially adversely impact the
surrounding properties.
g. The proposed variance will 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.
The proposed variance would not result in any of the above-cited adverse effects with the
exception of a possible increase in congestion on Hillview Road.
Public Comment:
This meeting has been published as a public hearing and notices have been mailed out to property
owners within 350 feet of 2075 Hillview Road. I have received two phone calls regarding this
request, one from the adjoining property owner to the east, and the other from the owner of
Colonial Village. The neighbor was simply interested in learning more about the request and did
not immediately indicate a position regarding the variance request. The owner of Colonial
Village was opposed to the expansion, especially if there was inadequate parking to support the
expansion.
Recommendation:
Staff recommends that the variance request, as submitted, should be denied. If however the applicant
were to submit a survey and site plan showing a parking expansion such that a minimum of 15
parking stalls are provided, a variance might then be justified regarding the garage requirement.
Thus, there appears to be two options for the Commission to consider:
A. Direct staff to draft a resolution denying the variance on the basis that (1) there is no apparent
hardship to warrant approval and (2) the impact to the neighborhood could be substantial
B. Take no action on the request, allowing the applicant time to survey the property and to
design and submit a parking expansion plan sufficient to satisfy the total number of parking
stalls required by the Zoning Code.
James Ericson
Community Development Director
Attachments:
1. Zoning Map
2. Location Map
3. Photographic Documentation
4. Site Plan
N:\DATA\GROUPS\COMDEV\Development Cases\VR03-001 (Bui)\Parking Variance - Feb 5, 2003.doc
Site Plan
(No scale indicated)
Photographic Documentation:
(Looking north, east side of building. Trees are on subject property.)
(Looking north, parking lot, garages and west side of property.)
Zoning Map
Subject
Property
2075 Hillview
City of Mounds View
Planning Commission
Report
Meeting Date: February 3, 2003
Title:
ANNUAL REVIEW OF THE PLANNING AND ZONING COMMISSION BYLAWS
Introduction:
The Planning Commission’s Bylaws state that they [the Bylaws] shall be reviewed on an annual
basis, at the first regular meeting in February.
Discussion:
The Bylaws were reviewed in 2002 with no changes made to them. The Bylaws were last
changed in February of 2001 to make the bylaws consistent with the City Code requirements.
Recom mendation:
Review the attached Bylaws. If the Bylaws do not require any amendments or modifications,
simply readopt by motion the existing Bylaws.
Jim Ericson
Community Development Director
Attachment:
1. Planning and Zoning Commission Bylaws
N:\DATA\GROUPS\COMDEV\Planning Commission\PC Bylaws\Bylaws Report -- 2003.doc
Item # 7
CITY OF MOUNDS VIEW
PLANNING AND ZONING COMMISSION BYLAWS
(Revised February 21, 2001)
I. AUTHORITY: The Bylaws of the Mounds View Planning and Zoning Commission (Bylaws)
are established in accordance with the Mounds View Municipal Code Section 401.06. Subd. 7
“The Commission shall adopt bylaws for its governance and for the transaction of its business.”
Where there is a conflict between the provisions of the Bylaws and the provisions of the City
Charter and the Municipal Code, the provisions of the City Charter and the Municipal Code
shall govern. (For purposes of simplicity, the Planning and Zoning Commission may
hereinafter be referred to as the Planning Commission or the Commission.)
II. ADOPTION OF BYLAWS; REVIEW AND AMENDMENT:
A. ADOPTION AND AMENDMENT: The Bylaws shall be adopted by Resolution by an
affirmative vote of the majority of members of the Planning and Zoning Commission
appointed as voting members, and shall be placed on file with the City Clerk-
Administrator and the Community Development Department. A copy of the bylaws shall
be forwarded to the City Council for its information. Any amendments to the Bylaws
shall be adopted by Resolution in the same manner as the original Bylaws.
B. ANNUAL REVIEW: The Bylaws shall be reviewed on an annual basis at the first regular
meeting of the Commission in February.
III. MEMBERSHIP AND VACANCIES
Vacancies on the Planning Commission shall be filled in accordance with the Municipal Code,
Sections 401.02 and 401.03.
IV. OFFICERS
A. OFFICERS NAMED: The officers of the Planning Commission shall consist of a
chairperson and vice-chairperson. The Commission may create and fill such other
offices from its members, as it may determine, to transact Commission business. In
addition, the Director of Community Development, or his or her designee, shall act as the
recording secretary for the Commission for purpose of preparing meeting minutes.
B. ELECTIONS; TERMS
1. Chairperson: At the first meeting in January, the Commission shall conduct an
election in order to make its recommendation for the chairperson, following the
procedure in Section IV.B.3. The name of the person recommended for chairperson
shall be forwarded to the City Council for action at its next meeting in January. Based
upon the recommendation of the Planning Commission, the Mayor, with the approval
of the City Council, shall appoint the chairperson of the Commission each year.
2. Vice-Chairperson: The Planning Commission shall elect a vice-chairperson each year
at its first meeting in January, following the procedure in Section IV.B.3.
3. Election Procedure: For each office, the chairperson shall invite nominations from
Planning Commission members. After nominations have been received, the
chairperson shall entertain a motion to close nominations. If such motion is made and
passed, and more than one nomination has been made, the chairperson shall distribute
ballots to the Commission members and each member shall write his or her selection
on the ballot. The recording secretary shall tally the ballots and announce the
nominee receiving the most votes. In the event of a tie, the recording secretary shall
announce the nominees tied in the voting and balloting shall be repeated until an
election occurs. If only one nomination has been received, the chairperson may
conduct the voting by voice vote. If a majority of the members present vote in the
affirmative for the nominee, the nominee shall be elected.
4. Assumption of Duties: The Chairperson and Vice Chairperson shall assume office at
the first meeting in February of each year.
5. Term of Office: The chairperson and vice chairperson shall serve one year terms, and
may be re-elected to additional terms in accordance with this Section IV.B.
C. DUTIES OF OFFICERS: The chairperson shall preside over the meetings of the
Planning Commission, and shall have the authority to add or cancel regular meetings and
to call special meetings as provided in Section VI. The vice chairperson shall assume the
duties of the chairperson, in the absence of the chairperson. In the event of the absence
of both the chairperson and vice-chairperson, those members present shall elect a
temporary chairperson to preside over the meeting.
V. COUNCIL LIAISON: The City Council may appoint from among its members a Liaison to
the Commission on an annual basis. It is expected that the Council Liaison will attend the
Commission meetings on a regular basis. In the event of the absence of the Council Liaison at
a Commission meeting, a Commission member may be appointed by the chairperson to
represent the Planning Commission at the next regular City Council meeting or at the meeting
where the City Council will be considering the planning cases acted upon by the Planning
Commission in the absence of the Council Liaison.
VI. MEETINGS
A. TYPES OF MEETINGS; SCHEDULE: The annual meeting schedule of the Commission
shall be adopted by Resolution at the first regular meeting in December for the following
year.
1. Regular Meetings: Subject to the adopted meeting schedule, the Commission’s regular
meetings will occur on the first and third Wednesdays of each month for the purpose
of convening public hearings, making recommendations to the City Council,
conducting business which requires a vote of the Commission, convening as the
Board of Adjustment and Appeals, conducting long-range planning functions and
other official business.
City of Mounds View
Planning and Zoning Commission - Bylaws Page 3
2. Agenda Sessions: An Agenda Session is an informal session of the Planning
Commission, typically held immediately following adjournment of a Regular or
Special meeting, at which time the Planning Commission may review minutes,
informally review proposed or pending planning cases or ordinance amendments,
discuss previous actions of the City Council or other Commissions, and to perform
other matters not requiring a vote of the Commission.
3. Special Meetings: From time to time, special meetings may be called in order to
process significant caseloads, to review works in progress such as comprehensive plan
updates or municipal code revisions, or to undertake a retreat or strategic planning
session, either amongst itself or in the company of the City Council or other
commissions. Special meetings can be proposed by any Commission member or at
the request of the Director of Community Development, yet must be approved by a
majority vote of the Commission.
4. Emergency Special Meetings. Emergency special meetings can be called via written
notice to the Director of Community Development by the Chairperson or two
Commission members, or by the Director of Community Development. (Emergency
special meetings are those in which the subject matter is of such an immediate concern
that it cannot be delayed until the next regular meeting of the Planning Commission.)
The Director of Community Development shall post and mail a notice of any special
meeting in accordance with State Statutes. Planning Commission members shall be
notified by telephone and in writing, if possible, at least seven days prior to a special
meeting.
5. Cancellation of Meetings: Regular or special meetings may be canceled by the
chairperson or Community Development Director in the event that there are no items
of business requiring the attention of the Commission, or for lack of a quorum, or in
response to inclement weather or for any other good and sufficient reason. Members
of the Commission shall be notified by telephone of any meeting cancellation. A
notice of the meeting cancellation shall be posted as required by State Statutes.
B. QUORUM: A majority of the number of voting members appointed to the Commission
shall constitute a quorum.
C. CONDUCT OF MEETINGS; ADJOURNMENT
1. Meeting Chairperson: If neither the chairperson nor the vice chairperson is present to
conduct a meeting of the Planning Commission, the Planning Commission may elect a
meeting chair from among those members present prior to the commencement of
business. The election shall follow the procedures set forth in Section IV.B.3, except
that the Community Development Director, or his or her designee, shall conduct the
election.
2. Open Meeting Law: Meetings shall be conducted in accordance with the State of
Minnesota Open Meeting Law (Minn. Statutes 471.705).
City of Mounds View
Planning and Zoning Commission - Bylaws Page 4
3. Adjournment: Meetings shall adjourn at or before 11:00 p.m. unless a two-thirds
majority of the members present agree to extend the time of adjournment. If there is
no objection, the Chairperson may declare the meeting adjourned without the
necessity of a motion or vote by the Commission.
D. MINUTES: Minutes shall be recorded for regular meetings and each commission member
shall receive a copy of the unapproved minutes for review and approval at a succeeding
meeting. Minutes shall be approved by motion. Approved minutes shall be the official
record of the business conducted and actions taken by the Planning Commission.
Commission members may request copies of approved minutes after they have been
corrected, if necessary, and signed as approved. Copies of the approved minutes shall be
filed with the Community Development Department. Unapproved minutes shall be
clearly marked “DRAFT”; approved minutes shall be marked “APPROVED”. A policy
statement regarding the content and format of the minutes shall be on file with the
Director of Community Development which may be reviewed from time to time as
needed.
VI. INFORMATIONAL PACKETS: Each Commissioner shall receive a staff report, plans and
additional information, as appropriate, for each item placed on the agenda for any regular or
special meeting. The Commission packet should be delivered at least four days prior to the
meeting. Each Commissioner is responsible for reviewing the material within the packet prior
to the meeting.
VII. PROFESSIONAL CONSULTANTS: Advice from, consultation with, and/or requests for
review by the City Attorney, City Engineer, City Planning Agency, or other paid consultants
shall be in accordance with the Municipal Code, Section 401.07.
VIII. SUPPLEMENTARY PUBLICATIONS: All Commission members shall receive a copy of
the Mounds View Municipal Code and a copy of the Municipal Comprehensive Plan as well as
other materials provided by the City Council or City Staff. These materials shall be retained by
each commission member and returned to the Community Development Director upon the
member’s resignation or termination of appointment.
IX. CONDUCT OF MEMBERS
A. ATTENDANCE: Commission members shall advise the designated Staff member or the
Commission chairperson of an anticipated absence from any regularly scheduled
Planning Commission meeting. Any member attending less than 20 meetings per year
without the consent of the Commission shall be deemed to have vacated the office, and
such vacancy shall be filled by the City Council pursuant to Section 401.03, Subd. 1. A
leave of absence may be granted by the consent of the Commission.
B. CONFLICT OF INTEREST:
1. General Standard: No Commissioner shall be appointed with private or personal
interests likely to conflict with the general public interest. If any person appointed to
the Commission shall find that their private or personal interests are involved in any
City of Mounds View
Planning and Zoning Commission - Bylaws Page 5
matter coming before the Commission, they shall disqualify themselves from taking
part in any discussion or action on the matter; alternatively, they may be disqualified
by a two-thirds (2/3) majority vote of the Commissioners in attendance.
2. Conflict Due to Economic Interests: A Commissioner has a conflict of interest if, in
his or her discharge of official duties, would be required to take an action or make a
decision that would substantially affect the Commissioner’s financial interests or those
of an associated business, unless the effect on the Commissioner is no greater than on
other members of the Commissioner’s business classification, profession, or
occupation. In the event a conflict of interest exists with respect to a particular matter
before the Commission, the Commissioner shall disqualify himself or herself from
taking part in any discussion or action on the matter.
C. EX PARTE CONTACTS: Ex parte contacts are contacts between individuals seeking to
influence the decisions of the Planning Commission and individual Commission
members outside the meeting forum. Such contacts include meetings with project
proponents, residents, property owners, and citizens separate from Commission meetings,
communication between Commission members outside the meeting forum, telephone
calls or letters which attempt to influence a Commissioner’s opinion on a matter which
will be subject to the Commissioner’s vote. When the Planning Commission is involved
in a matter which is to be heard and decided by the Commission (e.g. variances),
Planning Commissioners shall indicate to the person contacting them that such contact is
inappropriate and all testimony needs to be offered at the hearing to ensure a fair hearing
for all parties. In all other cases, Planning Commissioners should discourage such
contacts and should avoid expressing any opinion as to the merits of the case. When ex
parte contacts occur, the Planning Commissioner is responsible for notifying the
Community Development Director, and for conveying the substance of the
communication at the next commission meeting at which the matter discussed is under
consideration.
____________________________________________
Gary Stevenson, Chairperson
ATTEST:
____________________________________________
James Ericson, Community Development Director
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Revision History:
February 21, 2001
February 2, 2000
March 5, 1997
February 3, 1993
October 1990