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HomeMy WebLinkAboutPlanning Commission Resolution 75-83MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 75-83 • CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF A MINOR SUBDIVISION, REZONING, CONDITIONAL USE PERMIT AND DEVELOPMENT PROPOSAL AND APPROVING VARIANCES FOR TONY POPPELAARS WHEREAS, Mr. Tony Poppelaars has requested to construct a 10 - unit building at 7664 (approximately) Woodlawn Drive; and WHEREAS, the proposed location of this building and lot is within the 100 foot buffer zone of a designated wetland; and WHEREAS, Chapter 48 of the Mounds View Municipal Code governs development within the buffer areas; and WHEREAS, the lot upon which this building is to be located is also within a designated flood plain area; and WHEREAS, Chapter 49 of the Mounds View Municipal Code governs development within flood plain area; and WHEREAS, both Chapters 48 and 49 allow development within buffer and floodplain areas, respectively, under certain conditions; and WHEREAS, with the development to occur as proposed and/or for the developer to receive credit for wetland areas on the property, approval must be granted for the following: 1) A minor subdivision combining 2 lots into 1; 2) A rezoning from R-3 to R-4; 3) A conditional use permit to fill a portion of the flood plain area; 4) Two variances, one to allow development within the 100 foot buffer area, the other approving a 10 foot variance to the side yard setback; and WHEREAS, in order for the developer to receive wetland credits as outlined in Chapter 48, a lot combination of 2 lots into 1 is neces- sary; and WHEREAS, since the existing zoning of the property is R-3, Medium Density Residential, a rezoning to R-4, High Density Residential is required for the proposed use; and • WHEREAS, a rezoning g is being recommended since the intended use of the property is consistant with the Comprehensive Plan designation; and Resolution No. 75-83 Page 2 • WHEREAS, the Planning Commission identifies the following items as hardships to justify the granting of the variances: 1) The property was acquired by Mr. Poppelaars well before the existence of the Wetland Ordinance. 2) The present condition was not developer created. 3) The inability to develop the lot to make use of the property would exist should the variances bo denied. 4) Paragraph 48.06, Subdivision 4(A)(1) allows modifications of dimensional requirements of the Zoning Ordinance to further purposes of Chapter 48. NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission recommends to the City Council approval of a minor subdivi- sion combining two lots under consideration into one. BE IT FURTHER RESOLVED that contingent upon approval being given to combine the two lots into one and the applicant recording deeds in fact combining the two lots into one lot, the Mounds View Planning Commission recommends to the Mounds View City Council the • following: 1) A rezoning of the property from R-3 to R-4. 2) A density credit being granted on the development. 3) A conditional use permit be granted for the filling of a portion of the flood plain, since the proposed fill will alter the flood height by an immeasurable amount. 4) Conveyance of easement to the City for drainage purposes over wetland area. BE IT FURTHER RESOLVED that the Planning Commission recommends the development agreement include the following: 1) Performance and maintenance of the weir and control structure to be the owner's responsibility. 2) That the wetland area to the 903 contour be protected during the construction period based upon the City Engineer's recommendation. 3) A landscape plan be submitted to include - a) Appropriate vegetation to the 903 contour. • b) Earth berming to be provided along the Woodlawn Drive boulevard designed so as not to impact adjacent properties. Resolution No. 75-83 Page 3 BE IT FURTHER RESOLVED that the Planning Commission recommends to the Parks and Recreation Commission that a park land credit be given for the easements taken as a result of the wetlands; BE IT FURTHER RESOLVED that the Planning Commission directs staff to forward this resolution to the City Council prior to approval of the minutes. Adopted this 4th day of May, 1983. ATTEST: �d Chai ma (SEAL) • 0 Dir for of PubW Pub'Works/ Co nity Devel ment