HomeMy WebLinkAbout11-18-1998 MOUNDS VIEW PLANNING COMMISSION
' NOVEMBER 18, 1998
7:00 P.M.
SPECIAL MEETING
AGENDA
1. Call to Order
2. Roll Call
3. 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
4. Planning Case No. 538-98
Property Involved: 2400 Highway 10
Public Hearing and Consideration of Resolution 561-98, a Resolution Approving a
Variance to Allow a Five-Foot Parking Lot Setback
Applicant: Donatelles Supper Club
5. Staff Reports/Information Items
a. Discussion of City Remnant Parcel.
b. Code Enforcement Update
6. Chairperson and Planning Commissioners Reports
7. Adjournment to Agenda Meeting
(Immediately Following Regular Meeting)
* * * * * * * * * * * * *** * * ** * * * * * * * ** * * * * * * * * * * * *
REQUESTED. PLEASE NOTIFY COMMUNITY DEVELOPMENT AT 717-4020
IF YOU ARE UNABLE TO ATTEND. THANK YOU.
* * * * * * * * * *** * ** * ** ** * ** *** ** * * * * * * * * * * *
AGENDA MEETING
AGENDA
1. Review of the November 4, 1998 minutes of the Planning Commission s.
2. Discussion of the Comprehensive Plan Public Facilities Element
• REQUEST FOR PLANNING COMMISSION ACTION
Meeting Date: November 18, 1998
Staff Report by: James Ericson, Planning Associate
Planning Case No.: 538-98
Applicant: Donatelles Supper Club
Request: The applicant is requesting a five-foot parking lot setback
Location: 2400 Highway 10
PIN Nos. 083023240057
Zoning/Land Use: B-3, Highway Business District/Restaurant
Applicable Regulations:
Section 1104.01, Subd. 4c(2): Parking lots shall maintain a thirty-foot setback from the
front property line.
•
Section 1121.09, Subd. 7 requires (among other things) that driveways and stalls shall be
surfaced with a bituminous material, and that the City shall review site and drainage plans
for proposals to surface driveways and stalls for five or more vehicles.
Section 1121.09, Subd. 11, requires that all open, off-street parking areas shall have a
perimeter curb barrier around the entire parking lot with landscaping provided in all areas
bordering parking area.
Section 1125.02, Subd. 2 outlines the criteria to be used by the Planning Commission in its
review of variances.
Attachments: Planning Application
Zoning Map
Proof of Ownership
Letter from Applicant's Representative
Site Plan (Separate Attachment)
Resolution 561-98
Background:
. The applicant is requesting a variance from the required thirty-foot setback established for parking
lots in a business district. The Donatelles parking lot, which has been located in its present location
since the 1960s, currently does not meet this requirement. The applicant, in conjunction with the
Donatelles Variance
Planning Case No. 538-98
November 18, 1998 •
Page 2
development of the theater site to the north, will be removing its Highway 10 access in return for
allowing a through access to the theater site. To compensate Donatelles for this concession, the
theater developer has offered to resurface, curb and gutter the parking lot, as shown on the
attached plans dated 10/21/98. In three separate areas on the Donatelles site, the extent of the
parking lot non-conformity will be lessened as pavement will be removed in the setback area and
within the right of way itself. The existing parking lot and access fronting County Road H2 will not
be altered, with the exception of removing forty feet of impervious surface from the access,
reducing the overall width of the access from 180 feet to 140 feet. It is expected that the
nonconforming County Road H2 access (which is too wide) will be addressed with any future
reconstruction of County Road H2.
At its meeting on November 4, 1998, the Commission discussed this case in an effort to
familiarize itself with the request as well as to bring out in the open any questions or issues with
regard to the proposed site plan and variance. While the consensus was that the plan looked good
and would vastly improve the aesthetics on the site, there was some concern about pass-through
traffic from the Theater site accessing County Road E12. Other issues brought up included
pedestrian safety for those parking north of the building and whether or not additional lighting
would be installed.
Analysis: 111
The planned improvements to the Donatelles parking lot result from a MnDOT stipulation that
requires Donatelles' Highway 10 access be closed in order for the Theater site to have a second
Highway 10 access on their property. Donatelles has agreed to the closure of its access on the
condition that their customers be able to use the Theater's Highway 10 access to gain entrance to
the Donatelles parking lot by means of a throughway between the two properties, and that the
Donatelles parking lot be improved and expanded.
The plans submitted by the applicant for the parking lot improvements represent an improvement
over the current state of Donatelles parking area. The parking area, which was constructed more
than thirty years ago, did not violate any City setback requirements at the time of its construction.
The basis of the hardship, as applied to the Donatelles property, results from the size and shape of
the lot, and the fact that it is bordered by streets on two of its three sides. The impact of
enforcing the setbacks as they are written in Chapter 1104 of the Zoning Code to the Donatelles
property would create a situation in which the business could no longer effectively operate. The
restaurant would potentially lose 50 of its parking stalls, leaving 25 or less stalls for its clientele.
By paving the dirt area at the southeast corner of the lot, closing its Highway 10 access and
installing curb and gutter, the restaurant will be able to increase its parking availability while
significantly improving the overall appearance of the property as well.
•
Donatelles Variance
Planning Case No. 538-98
November 18, 1998
•
Page 3
Criteria for Granting Variances: (From Chapter 1125 of the City Code.) A variance to the
provisions of the Zoning Code may be issued by the Board of Adjustment and Appeals 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 property owner's land. A variance may be granted
only in the event that the following circumstances exist:
a. Exceptional or extraordinary circumstances apply to the properties 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 Donatelles property is a small, unusual pie-shaped lot at the intersection of two
major roadways through the City. Being less than an acre in area, the lot without
question creates practical difficulties which the present owners did not create. This
criterion is met.
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.
• To enforce the thirty-foot parking lot setback onto the Donatelles property after thirty
years of operation in its present state would potentially deprive the property of as many
as 50 parking stalls. A reduction of spaces by that amount would effectively prohibit the
restaurant from operating any further at that location. This criterion is met.
c. That the special conditions or circumstances do not result from the actions of the
applicant.
The applicant is only seeking to improve the appearance and functionality of the parking
lot and to lessen the extent of the nonconformity. The applicant did not create the
conditions which necessitate the approval of a variance. This criterion is met.
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.
Donatelles restaurant was one of the first businesses located in the City of Mounds View,
a fixture that has continued to do business through four decades to the present. At the
time the restaurant was established at its present location, there were no setback
requirements. Granting a variance in this situation would not confer upon the applicant
• a special privilege, in that any property owner in a similar circumstance would be given
the same consideration. This criterion is met.
Donatelles Variance
Planning Case No. 538-98
November 18, 1998
Page 4 •
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 the minimum necessary to alleviate the hardship in that the
intent of the request is to lessen the extent of the existing nonconformity and to improve
the overall appearance of the property. This criterion is met.
f. The variance would not be materially detrimental to the purpose of this Title or to other
property in the same zone.
The Zoning Code was not drafted with the intent to prevent a legally conforming business
from improving its operation. Granting the requested variance would serve only to
legitimize a dimensional nonconformity which has been in existence for thirty years. This
criterion is met.
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.
Granting of this requested variance will improve the flow of traffic in and around this .
site and will be a benefit to public safety by closing the Highway 10 access from the
Donatelles property. No property values will be diminished or impaired as a result of the
Donatelles improvements. This criterion is met.
Recommendation:
Given the information presented herein yet contingent upon the input provided at the public
hearing, it is staffs recommendation that the Planning Commission approve Resolution No.
561-98, a resolution approving a variance to the front yard setback for parking lots in a
commercial district for the property located at 2400 Highway 10.
James Ericson, Planning Associate
NADATA\GROUPS\COMDE V\DE VCASES\538-98\REPORT2.PC
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MMUNTTy DEVELOPMENT DEPARTMENT
LL. DEVELOPMENT APPLICATION
'`�''�-h.��„t;,e' 2401 �Shway 10, Mounds View MIV 55112
•
612-717-4020
6I2-784-3462 -FAX
Please Type or Print Information-Comps Both Sides of This Form
Applicant Iafor,natioa
Name of Applicant ' .
Address. • . . . o9-YDO I6 Telephone /a- `. 7 SlG O
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Interest in Property(check appropriate box)
0 Owner of Property
aLessee,Operator,Manager a Contract for Deed Owner.
a Other(explain) a
Agreemaeat to Purchase
• Applicants meat provide evidence of interest •
Applicant you must provide a letter of eft in property at the time ofapplication,and ifyou are not thepli owner othe
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app tion for it to be giving consent to the filing of this application. The
accepted,
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PAY Identification#-(13/11#t) •
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Current Zoning , S.F.
Type of Application
a Comprehensive Plan Amendment
a Rezoning 5250
5250/ant; min 5250 max.S1500
a Major Subdivision
a Minor Subdivision
S250+ 0 deposit*
5200 •
a Planned Unit Development(PUD) Refer to rezoning fees •
t3 Conditional Use Permit S350
Variance R-I, R-2$75;all others SZSO
•
R-I, R-2 5100 all others S250
CI Code Appy
• a Develop Review/Site Plan 5100
C Wetland Alteration Permit 5125/acts min S125 max 5750
R-1,R-2 S ISO;all others 5200
a Wetland Butler Permit
R-1.R-2 525;all others S 1.00
a. Floodplain Permit
a Other SZ00
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. Deposits shall be paid to cover all costs of public nod
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with this appliartion. The spent in the all reasonable
deposit amount Any portion of the applicant no shall t be responsible for r e refunded
to the applicant within thirty(30)days after consideration deposit not spare or encumbered shall be refunded
•duration ofete application is completed.
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Zoning Map Planning Case 538-98
Applicant: Donatelles
Location: 2400 Highway 10 N4
:74
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i 110 ;
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%Ik4'Th
Wendell R. Smith
C«rrnercd Reel Berate
Development
and Brokerage
October 22, 1998
Mr.Jim Ericson
Associate Planner
City of Mounds View
2401 I.lighway 10
Mounds View,Minnesota 55112
RE: Setback Variance for Donatelle's Supper Club
Dear Mr.Ezicson:
As
representative of Donatelle's,I am requesting the ability to
put in S.1Eghway 10,closing offthe access point to Highway 10,and paving the sendction
Mets
the property that is now dirt. I understand that in order to do this,I will need a variance ill
on the front yard setback
As you know,I also represent Anthony Properties,who is developing the theater site. In
order to get a new signalized• -
to to get a onto Cour mon'Anthony Properties and the City were required
second access to ifighway County Road H-2. Also,the state required that in order to have the
10,which is closest to Donatelle's,we would have to have
Donatelle's agree to close their existing access.
In the past months,Donatelle's has agreed to close off their access point and Anthony
Properties has agreed to give Donatelle's access to the new proposed access point t
ffighway 10. In doing so, we have a:.,eed to . - „ .
-. • ; •, .access pont:pave the area of the -'° :: -... .. . '= I.e , • way,
sign to the northwest comer of theirlig lot that is now dirt and move their
property. You have the site plan that shows these
changes.
I wand that in order to do this,we will need a variance approved by the Planning
cCheckomi o� n.Therefore, I have attached an application for the variance,along with a
•
understand
5If that the setback thefrontyard is 30 feet. The existing parking lot is now
he highway right ofway. By moving any curbing or parking back to meet the
1" everrne P.d..oev e •
�Sii3•(6122)484-5'1.:.ak;(et.^,43,-C6gs• - .
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• • current code, you,would have to go all the Way to the corner of the building and would
Iose parking is a project that ids as much
parking as
hardship for Donatelle's to have to meet the current code rete re can get. It would truly be a
quirements.
The new owners of Donatelle's are cleaning
have painted the outside and are now in the process putting onooks of the ja new Recentlyng.
in £
the curbs and gutters alongroof By putting
positive improvement tot eu the highway�paving the dirt parking area,this will be a
image,while increasing the safety of their patrons.
Just as important, by allowing us to
pnt in these improvements, and granting Donatelle's a
variance,.it%till allow us to close off an existing access that is somewhat
v�close to the intersection of dangerous and
existing access,h4inaesata.kJQT allow$d H 2 and Highway 10. Also inn-closing the
Anthony project. This new second access onto Highway 10 from the
deceleration access will be iiuthcr from the intersection and will have a
tohilt onto lane. This second access from the Anthony property will allow more
Pfighway 10 instead ofvsiag the exit onto H-2. If the theater project does not
get the second exit, then we can be assured that there will be more people usingtheH-2
exit. H
We.helieve that this is.a Win-Win situation for
Donatelle's,Anthony Pro a]IpatTies. This includes the City,
haps that e P pis, and the neighbors who live south of the r
�g Commission'ail also see the value of the varix project.
We are
variance we are
requestinS.
Mr. Ericson,if you need any further formation, please feel free to call me.
Sincerely,
iideikdat
Wendell R. Smith
•
Lauuettnquent taxes and transfer entered;
Certificate of Real Estate Value
( ) filed ( ) nut required 1
. 19
County Auditor
• By •
Deputy
(reserved for recording data)
MORTGAGE REGISTRY TAX DUE HEREON:
(reserved for mortgage registry tax payment data)
Date: MC:tit 3 0 19 98
THIS CONTRACT FOR DEED is made on the above date by
Edward A. Donacelle and Linda Donacelle
, husband and wife
(marital status)
Seller(whether one or more).and flurriran/. Cea1 propertte4. LT.P
. Purchaser(whether one or more).
Seller and Purchaser agree to the following terms:
I. PROPERTY DESCRIPTION. Seller hereby sells,and Purchaser hereby buys, real property in
Ramsey County, Minnesota,described as follows:
•That pare of the SE 1/4 of the NW 1/4 of Section 8 Tow
Highway /1p Township 30, Range 2.3
lying Southwesterly of Trunk Hi
8 Y , Ramsey, County, Minnesota
together with ail hereditaments and appurtenances belonging thereto(the Property).
2. TITLE. Seller warrants that title to the Property is, on the date of this contract, subject only to the
following exceptions: .
(a) Covenants, conditions. restrictions,declarations and easements of record, if any;
(b) Reservations of minerals or mineral rights by the State of Minnesota, if any;
(c) Building, zoning and subdivision laws and regulations;
(d) The lien of real estate taxes and installments of special assessments which are payable by Purch-
aser pursuant to paragraph 6 of this contract;and
(e) The following liens or encumbrances: •
None
I
3. DELIVERY OF DEED AND EVIDENCE OF TITLE. Upon Purchaser's prompt and full performance S
of this contract. Seller shall:
(a) Execute, acknowledge and deliver to Purchaser a Warranty Deed, in
recordable form, conveying marketable title to the Property to Purchaser, subject only to the fat-
lowing exceptions:
(i) Those exceptions referred to in paragraph 2(a),(b), (c)and(d)of this contract:
(ii) Liens, encumbrances, adverse claims or other matters which Purchaser has created, suffered
or permitted to accrue after the date of this contract:and
II 19. ASSESSMENTS BY OWNERS' ASSOCIATION. If the Property is subject to a recorded declaration 1
providing for assessments to be levied against the Property by any owners' association, which assess-
1 ments may become a lien against the Property if not paid, then:
(a) Purchaser shall promptly pay, when due, all assessments imposed by the owners' association ur
other governing body as required by the provisions of the declaration or other related documents:
I
I and
(b) So long as the owners' association maintains a master or blanket policy of insurance against fire.
I extended coverage perils and such other hazards and in such amounts as are required by this con-
. . . 410*
; tract, then:
(i) Purchaser's obligation in this contract to maintain hazard insurance coverage on the Property
is satisfied:and
(ii) The provisions in paragraph 11 of this contract regarding application of insurance proceeds
shall be superseded by the provisions of the declaration or other related documents;and
(iii) In the event of a distribution of insurance proceeds in lieu of restoration or repair following an
insured casualty loss to the Property, any such proceeds payable to Purchaser are hereby as-
signed and shall be paid to Seller for application to the sum secured by this contract, with the
excess, if any, paid to Purchaser. •
20. ADDITIONAL TERMS:
•
See Attached Exhibit A
•
•
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•-1:-.,-
SE j.ER(S)
PURCHASER(S)
_" Eduard,A. Donacelle 11tlRRiCANE CEAL PROPERTIES. UP
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✓Linda Donate e�� Ar Central pnrrnnr I
.,,�. State of Minnesota l)
it. County of l trr .-
. ___ _ __. ._
. 171e foregoing inetrutnent was acknowledged before me this-3 14� m
_ g t day of -b
,,1,.,t::. by EDWARD A. DONATELLE AND LINDA DONATELLE, husband and wife ' I')�'
�- NI AMAI. AMPIIRsG1.KIRammn TITI.JVIIRRANRI -
`' luuvvin�• i
ti DOUGLAS.�.OCHN • f
I iri Cornr:rtatr„ug-relwesoct= i
ttr comma—v. Jaa al..a.t • 71.
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womAnnmorN YPUIUC oTIUonmm.u.
State of Minnesota
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County oft1,�ak
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The foregoing instrument was acknowledged before me thir.3c� day of .A0/1.198
by a General Partner of Hurricane Ceal Prooert9es , �
LLP. a limited liability Oarcnershi, under the laws of Minnesota, on behalf of the
., ,. . .
NOTAMIAI.tiTAMP on sews.ion mica mt.e nR RAMO
_ i
�T =SA r NOT PUR1dC OTHER O►FO2A1.
6:4'.•1.)
; 4; DOUGLAS J.00—IN haStairsbrrmelw
4': €tor.Iw ruI ,r, 3QJ.A eroosnecissenOW b Wt i�arlwlw awe besot Ir
` MyCams ZLp Jrn at.2000 i
MIS INSTRUMENT WAS!SUMO BY IMAMS AND AOORCTSt s--)101 t "e\
Craig A. Erickson, Esq. /1110‘143 V1fyt '7-i, s.I)a,
, Chestnut 6 Brooks, P.A.
3700 Piper Jaffray Tower
222 Souch Ninth Street Gv`v`\.<<'
Minneapolis, MN 55402 t•Itu..r1.1.v.• Cr..1 L 0
� t 11 3S . y„aw1....A S r.�•i-N� t
._ Coos. /��U.if.1). "J 5 33
I'AIt.IIRF; TO ItI:coRI) OR RIX 'rifts CONTRACT FOR 1)1*:I) MAY (:IVIS OTIl :R PAIrrfl S
?'ttic)Itt'!'Y r)VF:tt ;'tnrr'11:\St:j S IN9'1•:1tFar.IN'1.111: P1tOPFIt'r'Y.
•
a
QUITCLAIM DEED
EASEMENT
C S.6204(10 2)901
Parcel 2172
County of Ramsey
The State of Minnesota having heretofore acquired an easement for trunk
highway purPO3es on the real estate hereinafter described,and the Commissioner
. Trans o of
p Kation of said State having determined that the same is no longer needed-
Now, therefore,upon said determination and pursuant to Minnesota Statutes
Section 161.43, the State of Minnesota by James N.Oenn, its Commissioner of
Transportation, Grantor for and in consideration of the sum of Eight Thousand Five Hundred
and No/100 Dollars($8,500.00)
paid to the State for deposit in the trunk highway tend, does
hereby release,quitclaim and convey to the present fee owner, Edward A. Oonatelte,of •
Ramsey County.Minnesota.Grantee.all its interest in and to the real
estate in Rarise
County,Minnesota, described as follows: ...- - — y
That part of Tract A described below;
Tract A. That part off North the Southeast theast Quarter of the Northwest Quarter of Section 8
, Range 23 West Ramsey County.Minnesota; '
which lies northerly of a line run
whit quarter tine f parallel with and distant 33 feet northerly of the east and
feet
o said Section 8, southwesterly of a tine run paranel with and distant 75
westeny of Line described below y of Line 1 ed below, southeasterty of Line 2 described below and
Line 1; Beginning at a point on the east
848.5 feet and west quarter line of said Section 8,distant
west of the center thereof;thence run northwesterly
degrees 07 minutes 00 seconds from said east and west at an ameaasuu 40
from west to north)for 400 feet and there terminating:
g quartlute(angle
line 2. Beginning '
g ning at a point on a line run parallel with and distant 75 feet southwes
of Line 1 described above, distant 150 feet norhy
westerty line run parallel with and distant 33 feet north of its intwrsection with a
tine of said Section 8;thence run southwesterly�of the east and west quarter
line, distant 150 feet westerly of said intersection to a point on said 33 foot parallel
rseGion and there terminating;
Page 1 of 2
Line 3. Beginning at a point on a line run parallel with and distant 75 feet southwesterly
of Line 1 described above,distant 75 feet northwesterly
line run of its inter�on with a
parallel with and distant 33 feet northerly of the east and
line of said Section 8; thence run southwesterlyto a " quarto
line,distant 65 feet westerly of said intersection and tersaidfoot Parallel 33
ting;
containing 0.13 acre.more or less:
Subject to the following festrictions:
No access shall be permitted to Trunk Highway No.62,renumbered 10 or to County Road
No.H2 from the lands herein conveyed.
Gated this day of
t9
STATE OF MINNESOTA
By c4 .
(Assistant Director of the Office of
(Right of Way and Surveys) •
Seal of the Commissioner of Transportation
STATE OF MINNESOTA )
• COUNTY OF RAMSEY ) ss.
On this � day of �
Notary Public within and for said County. ��'�•before me.a
to me personally known to be the pers naUy peered
. say that he is the person who executed the foregoing instrument and who did
44-00016
(Assistant Director of the Office of Right of Way and Surveys r
the Commissioner of Transportation)of the State of Minnesotaduly aud thorized that of
executed the foregoing instrument and caused the seal of the Commissioner of that he
Transportation to be affixed thereto.by authority of Minnesota Statutes.Section 161.43,and
as the free j t and deed of said State.
/ _ y /
713(oved as to form and execution:
• ' •µ• want L coN ER ■
g NOTIRT PUSUG-waMESOTA
R,wstr cAv.rr
Assistant Attorney General "COr"°"m"""NM"'31.ale�.iwwwww.-............ wn...w
This instrument was drafted by the
State of Minnesota. Department of
Transportation, RAV Legal and
Real Estate Conveyance Unit
• St.Paul. Minnesota 55155
R32421 G.07W
r
Page 2of2
•
MOUNDS VIEW PLANNING COMMISSION
RESOLUTION NO. 561-98 •
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION APPROVING A VARIANCE TO ALLOW FOR A FIVE-FOOT
FRONT YARD PARKING LOT SETBACK FOR DONATELLES SUPPER CLUB,
LOCATED AT 2400 HIGHWAY 10; PLANNING CASE NO. 538-98
WHEREAS, the Mounds View Planning Commission has reviewed the request of George
Marvin, owner of Donatelles Restaurant, represented by Wendell Smith, to allow for a reduction
in the parking lot setback for the restaurant located at 2400 Highway 10; and,
WHEREAS, this property is zoned B-3, Highway Business District and is legally
described as follows:
Tract A. That part of the Southeast quarter of the northwest quarter of Section 8,Township 30
North,Range 23 West,Ramsey County,Minnesota:
which lies northerly of a line run parallel with and distant 33 feet northerly of the east and west •
quarter line of said Section 8,southwesterly of a line run parallel with and distant 75 feet
southwesterly of Line 1 described below and westerly of Line 3 described below;
Line 1. Beginning at a point on the east and west quarter line of said Section 8,distant 848.5 feet
west of the center thereof,thence run northwesterly at an angle of 40 degrees 07 minutes 00 seconds
from said east and west quarter line(measured from west to north)for 400 feet and there
terminating;
Line 3. Beginning at a point or a line run parallel with and distant 75 feet southwesterly of Line 1
described above,distant 75 feet northwesterly of its intersection with a line run parallel with and
distant 33 feet northerly of the east and west quarter line of said Section 8;thence run southwesterly
to a point on said 33 feet parallel line,distant 65 feet westerly of said intersection and there
terminating.
WHEREAS, the Planning Commission has reviewed the following documents associated
with this request:
1. Planning Application
2. Location Map
3. Zoning Map
4. Site Plan,dated 10/21/98
WHEREAS, the parking lot for which this variance is requested was constructed in 1966
or thereabouts and conformed to City Code requirements at the time; and,
Planning Commission Resolution 561-98
Donatelles Variance 7
• November 18, 1998
Page 2
WHEREAS, exceptional or extraordinary circumstances do apply to the property which
do not apply generally to other properties in the same zone or vicinity and result from lot size or
shape, topography or other circumstances over which the owners of the property since the
effective date hereof have had no control, in that the Donatelles property is a small, unusual pie-
shaped lot at the intersection of two major roadways through the City. Being less than an acre in
area, the lot without question creates practical difficulties which the present owners did not
create; and,
WHEREAS, the literal interpretation of the provisions of this Title would deprive the
applicant of rights commonly enjoyed by other properties in the same district in that enforcement
of the thirty-foot parking lot setback onto the Donatelles property after thirty years of operation
in its present state would potentially deprive the property of as many as 50 parking stalls, a
reduction that would effectively prohibit the restaurant from operating at that location; and,
WHEREAS, special conditions or circumstances do not result from the actions of the
applicant in that the applicant is only seeking to improve the appearance and functionality of the
parking lot and to lessen the extent of the nonconformity--the applicant did not create the
conditions which necessitate the approval of a variance; and,
• WHEREAS, granting the variance requested would not confer on the applicant a special
privilege that is denied by this Title to owners or other lands, structures or buildings in the same
district in that Donatelles Supper Club was one of the first businesses located in the City of
Mounds View, a fixture that has continued to do business through four decades to the present.
Granting a variance in this situation would not confer upon the applicant a special privilege, in
that any property owner in a similar circumstance would be given the same consideration; and,
WHEREAS, the variance requested is the minimum variance which would alleviate the
hardship, in that the intent of the request is to lessen the extent of the existing nonconformity and
to improve the overall appearance of the property; and,
WHEREAS, the variance would not be materially detrimental to the purpose of this Title
or to other properties in the same zone in that the Zoning Code was not drafted with the intent to
prevent a legally conforming business from improving its operation. Granting the requested
variance would serve to legitimize a dimensional nonconformity which has been in existence for
thirty years; and,
WHEREAS, the variance would not impair an adequate supply of light and air to adjacent
property or substantially increase the congestion of the public streets or increase the danger of fire
or endanger the public safety or substantially diminish or impair property values within the
neighborhood in that granting this variance will improve the flow of traffic in and around the site
• and will be a benefit to public safety by closing the Highway 10 access from the Donatelles
property. No property values will be diminished or impaired as a result of the Donatelles
improvements.
Planning Commission Resolution 561-98
Donatelles Variance
November 18, 1998
•
Page 3
NOW, THEREFORE, BE IT RESOLVED, that the Mounds View Planning Commission
acting as the Board of Adjustment and Appeals approves the variance request of George Marvin,
represented by Wendell Smith, to allow a five-foot setback for the existing parking lot located at
2400 Highway 10.
Adopted this 18th day of November, 1998
Jerry Peterson, Chairman
ATTEST
Rick Jopke, Community Development Director
SEAL
N:IDATA\GROUPS\COMD E V\DE VCAS ES\53 8-98\561-98A.RES
•
t
• PROCEEDINGS OF THE MOUNDS VIEW PLANNING COMMISSION
CITY OF MOUNDS VIEW
RAMSEY COUNTY,MINNESOTA
Regular Meeting
November 4, 1998
Mounds,; ew City Hall
2401 Highway 10, NLo nds: :. grew, MN 55112
1. Call To Order � 3 �>_� • , ,
The meeting was called to order by Chairperson"§.
1998. WOIWAIP
2. Roll Call
vniiimuwisfaW
Members Present: Chairperson Peterson, Cco.ff:#: sioners : Johnson, and Miller
Members Absent: Commissioners Ori
_...<: ozNo
(bot
t<.
Alsopresent: PlanningAssocia =`dim Eric ;'n and I `:
Or Stacy Caton
Also absent: Council Liai : , .opm_ rs
Index to
M,i: ties Page 2
PlanningItitiMak
Ca : .:$=.> 8-98 PM,
.. : ' i 'q '.iscussion of request for a Variance to
allow a Five-F .5''4�. :<.
`. • � g Lot � f'°:: q Donatelles Supper Club,
2400 Highway ''
�""�QA:W. ,i y
.470v
3. Ar Reque `d Comments on Items Not on the Agenda
. A There were no,: izens' requests or comments on items Not on the Agenda.
s'4, a:
4k 44.
44411,4 ro, afOrMinutes
September 16, 1998
b. October 7, 1998
Motion/Second: Brasaemle/Johnson to approve the Mounds View Planning Commission
• Meeting Minutes of September 16, (Special), and October 7, 1998 (Regular) as published
and amended.
•
Mounds View Planning Commission November 4, 1998
Regular Meeting Page 2
Ayes - 4 Nays - 0
Motion carried.
Ericson asked the Commissioners if they would like to see "Ap `: $': nutes" from
previous Planning Commission meetings. 'a
.5�j�i.'S n::vy 43:'/
Peterson said the Commission had never request Approve nu :i 1.ast
that would continue to be the Commission's wis 'vim;<r,
5. Staff Reports/Information Items 4P*4,,A,,.,
A. Preliminary Discussion of Parking Va` 'Ince Donatelle's Donatelle's Supper
Club at 2400 Highway 10 - request :; , five-food°$y --; n_ lot setback
IF
Ericson gave his report as follows: 3-''Y '`
"
'•gds,: : .r ; 7 :: .A.'; - ,:
g lot setback from Highway
10 so that they may make im i"
Donatelles is requestinga variant_ "°to allo . "�`"five-'�'�. ��.}:a
e .�: .. •
0`;:ementss.rthe parVig oof (additional bituminous,
curb and gutter) remove t „,4r-ss to. way 1!: . d lessen the extent of the
nonconformity of the pari; lot int : place .1. conjunction with this, Donatelles
would.gain access t•
g : om the: ynd Highway 10 by means of a cut
-g��: '�' r.
/:t -5
drive:: : betweeI •erty an -ater property- This layout will increase safety
€ :-: e ote :;off g of trafl ' entering and exiting Donatelles.
As a re . g . •arkin_ .` F. $ •vements, ten additional parking stalls would be added
to Donat
Brasaemle asked:_ :r anfication in regard to lighting plans. Ericson stated the existing
lighting would main "as is." The sign will be moved to the northwest corner of the
parking lot. Landscaping improvements will be made in the median areas in between the
rb and v ' r and property lines.
: fir -in expressed his concern that the scale of the access lane that goes past the
northeast corner of Donatelle's facility was too small. Brasaemle suggested that Ericson
ask Donatelle's what their plans are for remedying pedestrian access to the facility from
the north parking lot. Currently the customers would have to walk in the access lane that
Peterson was referring to. Ericson suggested making that area of parking "employee •
parking" only. Johnson and Brasaemle said that a "No thru Traffic" sign may have to be
• Mounds Vkew Planning Commission November 4, 1998
Regular Meeting Page 3
installed at the Donatelle's lot to keep people from cutting through the lot just to access
H-2 or Highway 10; or possibly a sign that states "Donatelle's Customer Parking Only."
Miller asked for a clarification in regard to snow removal and trash cont Viers. Ericson
said the trash container issue would not be addressed . part of oot setback
request; although the owner has indicated they ar go. + beaubeaii nvpRiti<;a. The snow
removal issue will be brought up to Donatelle's attf on. •
tz.
Ericson stated the public hearing for the issue is,o he Phi,::ng Commie t . $ _ �.eefor
November 18, 1998.
B. Discussion of City Remnant Parcel <.
Ericson gave his report as follows: y .
When Edgewood Drive is relocated ' <f µ ... !,9, a I. ''-pprox.) acre remnant
site will be created which could be "`elope• • $`: �� : g‘ area is the 9.4 acre
Midland Videen property. Of .4 acres,; .5 acsouthwest corner of the site is
• possibly developable. Becau v e two s are con ,•' ous, it would make sense to market
them together to get the b ,elo m t. The �" Council has directed the Planning
z g
Commisison to examine "tomer corner . o reco s ¢¢end through the comprehensive plan,
the m•st appropriat-R
nsideri .� Community Center, City Hall and the
� t
"$.• ent a
dei cro. m� ° ay10. '` s �����`�.
.z 'An Offer to Purchase the remnant parcel from TOLD
Develo ° F for $ 'N ,SLD has a letter of intent to purchase the Midland
Videen;:!, i ` _: .%OLD hasv- "o provided details at this time about how they would
devel . he" They fave indicated that they would propose to develop a
-'2‘k Anthony Propert . has also expressed interest in the site and requested an opportunity to
bid on the City ant parcel. They have indicated that they would be interested in
kAA. developing an 's ce building on the site. The City Council considered the offers and
continue ; sideration indefinitely. They stated that it would be important to have
'4 •Planning Commission review and input concerning what the land use should be
parcels involved. Staff is working with SEH to finalize the plans for the street
realignment project which will determine the final configuration of the remnant parcel.
Staff was asking the Planning Commission for their input and to recommend a specific use
• for the sites in question.
1
Mounds View Planning Commission November 4, 1998 •
Regular Meeting Page 4
Brasaemle expressed his concern that the sites would not make good park space because
of the closeness to traffic and control lights. Commissioner Stevenson had also made this
point at an earlier Commission meeting. Brasaemle said he was also concert with the
possibility of a Walgreens store next to the new City Center. '`
Because Commissioners Stevenson and Obert were.aat, fu $ ; 4 ion of the issue.
was tabled to a later Planning Commission meetin a : y
A ,< .,Y.:� �l.�:: /��:., -ilk/
C. Resignation of Planning Commissione a l bbi : i oks 0 ,�°
Brasaemle suggested, as part of the process of rep < m > oks, that the Council review
Planning Commission applications that had been :` - 'er in the year when
Marshall Johnston had resigned. = '
Motion/Second: Brasaemle/Johnson to :: A�00 8 -tags: hat the ' •uncil direct staff to
advertise the open seat on the Plannit o `$ l . that;, ' staff ask the previous
Planning Commission applicants if; »ey want,,. - -,),t4,$,-,,T;;,..",,,,;- considered for the current
vacancy; and that the Planning C ssio..;;'ave a * o g nity to interview and
recommend a candidate to fi vacant` •
s
Ayes -4 ys -0 ;e6
Motion c A
Th=: $•I tl ° omni . .. ed Commissioner Brooks' resignation with its sincere
x
thanks 4 * '$* egrets '''<„5.4---,,,,;'„,
D. :.:, `eg t N ension of Comprehensive Plan Submittal Deadline
..Ericson gave his t‘,..,$ -,as follows:
ei
Tr The Metropolitan Council has indicated that over half of the communities in the
` metropolitan„a have or will be requesting extensions on their Comprehensive Plan
,.,44',*
.dates.:;':_,"
,� mak\
a \ 'r
're. ed process and schedule for completion was stated as follows:
1. Draft Plan completion January 29, 1999
2. Planning Commission community forums (one or two) -February
3. Planning Commission formal public hearing - March/April •
4. ApprovaUsubmittal of Comprehensive Plan Update to Metropolitan
I
• 'Mounds View Planning Commission November 4, 1998
Regular Meeting Page 5
Council April/May
5. The Metropolitan Council has 60 days to approve or recommend changes
6. Final adoption by the City Council June 2, 1999
Staff recommended that the PlanningCommission rec. end t;,.:2,,,,,;,,„,,,,-
" Council that
they pass a resolution requesting a six-month exten '' :;I the'. - . l: < submittal of an
Updated Comprehensive Plan and direct staff to c' g . ete and s ! : W` ff
essary
paperwork to the Metropolitan Council.
The Planning Commission directed staff to conv ity Council its r-'4 o o apply
?x '
for a Comprehensive Plan Update completion dat=` ,•" $ 9 � ,.
6. Chairperson and Planning Commissioners Reports s- "
Ericson told the Commission the Holida:, ,• . .re will by ,$..'..11mg the light baffles as
requested and approved in the develo me..., r . .rinks- ystem has also been
4:k:< /..::SV h Yt
installed at the facility. Peterson a if an V . : '.cil had been installed. Ericson
stated there is an RV dump site .., the sou:'side o - . ``'ding.
• . ,,-
A it
Ericson stated the discussi.:o,.s omp.,,, ensive P. ' Public Facilities element will also be
deferred until the next P1. s g Co if m, # g because not all Commissioners are in
attendance. And the A r 1`2 •e no e: 4 £ £ ommission work session meeting during
November. , �: :{, .•,
�r-" '. �
No e sub `3 -. ?,; e Commissioners.
Brasaeml.. �. the recon "It would be my hope that we [the Planning
Conunission]wili : a cordiia and cooperative working relationship with the incoming
• • , • - i* 2.w g>a s.•• - - - . • . •• - •i -. • e pas ; a we nee. to move
:: forward rather thrlshing old business." Congratulations were extended to all newly
elected officials.; _ e crest of the Commission concurred with Brasaemle's comments.
7. - . Adjournmen. .to the Agenda Meeting
t
g - - _ no further business before the Planning Commission, Chairperson Peterson
"'<°' 'jgj ed the meeting at 7:48 p.m.
(The Agenda Session was held immediately following the adjournment of the Regular
Session.)
• Respectfully submitted,
41)
Mounds View Planning Commission November 4, 1998
Regular Meeting Page 6
Rick Jopke
sfe
Community Development Director
x.
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