Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
12-02-1998
• MOUNDS VIEW PLANNING COMMISSION December 2, 1998 7:00 P.M. REGULAR 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. Approval of Minutes a. November 4, 1998 5. Planning Case No. 542-98 Property Involved: 2206 Hillview Road Consideration of Resolution No. 562-98, a Resolution Recommending Approval of a Conditional Use Permit Request to Allow for a Residential Dog Kennel Use. Applicant: Tammy Schmitt. 6. Planning Case No. 539-98 [Public Hearing] Property Involved: 2223 Hillview Road Consideration of Resolution No. 563-98, a Resolution Denying a Variance Request to Allow a Zero-Foot Driveway Setback. Applicant: Blacktop Paving of MN, Representing Ted Jarvis, Property Owner. 7: Planning Case No. 541-98 Property Involved: 2430 Highway 10 Consideration of Resolution No. 564-98, a Resolution Recommending Approval of a Preliminary Plat to Subdivide a 25-acre parcel into Seven Lots. Applicant: Anthony Properties, Represented by Wendell Smith. 8. Planning Case No. 538-98 [Public Hearing] Property Involved: 2400 Highway 10, Donatelles Supper Club Consideration of Resolution No. 561-98, a Resolution Approving a Variance Request to Allow for a Reduced Front Yard setback for a Parking Lot in a Commercial District. Applicant: Donatelles, Represented by Wendell Smith 9. Staff Reports/Information Items . a. Setting of a Public Hearing for Wednesday, December 16, 1998, at 7:00 p.m. at Mounds View City Hall, 2401 Highway 10, Mounds View, MN 55112, to consider amending Chapter 1121 of the City Code regarding curb cuts on corner lots in single-family residential districts. MOUNDS VIEW PLANNING COMMISSION December 2, 199811) AGENDA Page 2 10. Chairperson and Planning Commissioners Reports 11. Adjournment to Agenda Meeting (Immediately Following Regular Meeting) * * * * * * *** * * * * ****** * * *** * ** * * * * * ** * * * * * * APPLICANTS: YOUR ATTENDANCE AT THIS MEETING IS REQUESTED. PLEASE NOTIFY COMMUNITY DEVELOPMENT AT 717-4020 IF YOU ARE UNABLE TO ATTEND. THANK YOU. * * ** * * * ** * * * * * ****** * ** * ** * ** * * * * * * ** ** AGENDA MEETING AGENDA 1. Review of the November 18, 1998, minutes of the Planning Commission • N:\DATA\GROUPS\COMDEV\PLANCOMM\PCAGENDA11998\12-2-98.AGN • REQUEST FOR PLANNING COMMISSION ACTION Meeting Date: December 2, 1998 Staff Report by: James Ericson, Planning Associate Planning Case No.: 542-98 Request: Conditional Use Permit for a Residential Dog Kennel Petitioner: Tammy Schmitt Location: 2206 Hillview Road PIN Nos. 05-30-23-43-0004 Zoning/Land Use: R-1, Single-Family Residential/ Single Family Home Applicable Regulations: • Municipal Code Section 701.03, Subdivisions 1, 3, and 15, regarding the licensing of dogs and operation of kennels. • Municipal Code Section 1106.04, Subdivision 3, which requires a conditional use permit for residential dog kennels in an R-1, Single Family Residential district. • • Municipal Code Section 1125.01, Subdivision 3b, which identifies the criteria to be used for granting a conditional use permit. Attachments: 1. Planning Application 2. Zoning Map 3. 500 Foot Map 4. Petition 5. Letter from Applicant 6. Resolution No. 562-98 Background: The applicant, Tammy Schmitt of 2206 Hillview Road, is applying for a conditional use permit for a residential dog kennel, a Code requirement for property owners with three or four dogs. One of the licensing requirements is that the property owner shall obtain signatures of approval from more than 50 percent of the residents within 500 feet of the property proposing the kennel. The applicant was sent a map showing those properties within 500 feet along with a corresponding list of property owners/taxpayers. Analysis: On the map staff sent to the applicant, 62 properties were highlighted, which means that 32 of the • property owners would need to sign a petition in favor of the kennel application. The applicant collected signatures approving of the kennel request from 44 of the highlighted properties, well in excess of the required 32 signatures. The three properties adjacent to Ms. Schmitt, as well as those properties directly across the street, have indicated their approval of the application. Planning Commission report Schmitt Kennel CUP • December 2, 1998 Page 2 Staff has inquired with the Police Department regarding any calls or complaints associated with dogs at Ms. Schmitt's home, and to the best of their knowledge, there have been none. Ms. Schmitt currently owns two dogs, both of which are kept inside, as will the proposed third dog. The backyard to Ms. Schmitt's home is being completely fenced in to contain the dogs. CUP Criteria: 1. The use will not create an excessive burden on existing parks, schools, streets and other public facilities and utilities which serve or are proposed to serve the area in that dog ownership does not impose any burden to public facilities. 2. The use will be sufficiently compatible or separated by distance or screening from adjacent residentially zoned or used land so that existing homes will not be depreciated in value and there will be no deterrence to development of vacant land in that the subject property's yard is fenced in and dog ownership is a common facet of any residential neighborhood.. 3. The structure and site will does not have an appearance that will have an adverse effect upon adjacent residential properties. • 4. The use is reasonably related to the existing land use in that dogs are common feature in residential neighborhoods. 5. The use is consistent with the purposes of the Zoning Code and the purposes of the zoning district in which the applicant intends to locate the proposed use in that dog kennels are a conditional use within the R-1 zoning district.. 6. The use is not in conflict with the Comprehensive Plan of the City. 7. The use will not cause traffic hazards or congestion. 8. Adequate utilities, access roads, drainage and necessary facilities have been or will be provided. Recommendation: Approve Resolution 562-98, a resolution recommending approval of a conditional use permit for a dog kennel for Tammy Schmitt, located at 2206 Hillview Road. James Ericson, Planning Associate • N:\DATA\GROUPS\COMDE V\DEVCASES\542-98\KENNELPC 1 I1 Mil,."DO COMMUNITY DEVELOPMENT DEPARTMENT • ,� ,_ DEVELOPMENT APPLICATION l"'� 2401 Highway 10, Mounds View MN 55112 -P"ent(0%e, 612-717-4020 612-784-3462 -FAX Please Type or Print Information-Complete Both Sides of This Form Applicant Information L �`-3 `5G� S cv Name of Applicant T M n�� � - Telephone - 4 P Col A-1�5-(. �tG' Address -1-:3C,t, t.3r\Ivke 2_0Fax t‘Ant4.,Nds yew M i ss- Interest in Property(check appropriate box) X Owner of Property o Contract for Deed Owner ❑ Lessee,Operator,Manager ❑ Agreement to Purchase Applicants must provide evidence of interest in property at the time of application,and if you are not the owner of the property,you must provide a letter of permission from the owner giving consent to the filing of this application. The property owner must sign this application for it to be accepted. Property Description/Proposal • Address or General Location v\e J Zoad M our d Y k eu.) i Ml( Legal Description Property Identification#•(PIN#) #of Acres Current Zoning Type of Application ❑ Comprehensive Plan Amendment $250 ❑ Rezoning $250/acre; min$250 max$1500 ❑ Major Subdivision $250+5250 deposit* ❑ Minor Subdivision $200 ❑ Planned Unit Development(PUD) Refer to rezoning fees ❑ PUD Amendment $350 X Conditional Use Permit R-1, R-2$75;all others$250 ❑ Variance R-1, R-2$100 all others$250 ❑ Code Appeal $100 ❑ Develop Review/Site Plan $125/acre;min$125 max$750 0 Wetland Alteration Permit R-1,R-2 S150;all others$200 ❑ Wetland Buffer Permit R-1,R-2 S25;all others$100 ❑ Floodplain Permit $200 0 Other ip *Deposits shall be paid to cover all costs of public notices,materials and staff or consultant time spent in the review, research or preparation of materials associated with this application. The applicant shall be responsible for all reasonable incurred costs in excess of the initial deposit amount. Any portion of the deposit not spent or encumbered shall be refunded to the applicant within thirty(30)days atter consideration of the application is completed. Please complete the reverse side of this application. City of Mounds View, MN Development Application Page 2 Present Use of Property ❑ Undeveloped/VacantX Single Family Dwelling ❑ Duplex/Two Family Dwelling ❑ Multi-family Dwelling III ❑ Business/Commercial Establishment ❑ Industrial Establishment ❑ Other(explain) Property Classification ❑ Abstract ❑ Torrens Description of Proposal a I U t a t. A. ti . & ....—. it1P 444r e nnr Jtn in D;� ' atPn`i{ �b=ne ____►ce kts,c, a net r in Q (",,n i'(- . BY MY(OUR) SIGNATURE ON THIS APPLICATION,I HEREBY DECLARE THAT,TO THE BEST OF MY KNOWLEDGE,THE INFORMATION PROVIDED I TRUE AND ACCURATE. Signature of Applicant el r Name of Applicant(typed/printed) Til,A4 U V k�y i H _7- 7 Signature of Property Owner I . . / ``- 1 illi Name of Property Owner(typed/printed) 7;4 h.t flit Wa," -S e hrvt i'-f-f-- • Address of Owner (5e,- ) ,s_ ".(c• 44 : IN j f(z) f?t,\a ri mr,,, A d S \)t;•.tiJ ) A r ) S'5 i V -a- Phone Number of Owner ( ,z) (o i a- r)'S-O4 5 to r - tot -_ 3 C) —J(-._\-I-1 FOR OFFICE USE ONLY Date of Submittal Date of Acceptance Assigned to: Planning Case No. 60-day Limit 120-day limit Fees Paid: Account# Check# Receipt# Application: Park Dedication: Deposits: Other: Total: • N:\DAT.A\GROUPSCOMDEVTORMS1DEVAPP.FOR 1/98 —�©y" c (t'AK4\ 5731' r N N N N 4 .Ir••,• '���'� `�, s' `" N N 2245 a 5721 _ R .: • $ g%1iI ! ; di, ask 01 -.Ill . • 22® 5691: a • 5681 Ch ON mmuld571 ......,. . ,se aZlillatiall �,In *44% • 6� N 5661 • `. '—3 MOBILE COLONIAL HOME PARK o r7 n rn 1;1'--f) •n_ Al to _ 7 N N N N N Nffi iiii,,i tiO 2 0 n n t0 VN N N N N AI .+....... N N N N N N N N N C71HILLVI 0 003 0 WI M 04) U) N r8 LD to V • N N • 0 N 0 0 N <8 CO O 0 t8 0 a' N N N N N N N N N N INN N Of CO d' M M N .- 0 Of 0) ao N n N. DR N N N N N N N I N N N N N OAKWOOD N N N N N N N N N N N N "' in PARK 56161 N N NRill". M � A 5590 N N N g4-N N O O CO le n OS M n of .- M n to n •- - 5612 A `.4 N N PF v ro N .- 0 0 0 0 0 0 lig OAKW00o N N N N N N N N N N N N 5606 mDR N N • .. • N CO10n v CO M CO - O O (3, O CO to n 5600 `~ `� gago NN N rn ao nn Of r.) EllEilill N N N N O 0 n N N N N N N N Q 000 5562 g N N N ganag N NN N N N N N NN N N5556 N a o • _ 1n1n n 0) M n rn1 N4•7 N tT In N .- 117 N CO0 n t8 N N 0 [O O a IpguarERRAcEN Nto to a� M M N •- .- O rn w co n n 5550 rn oo n N N N N N NNN N N NNNNNNNN N N N N ,. 0 N N N N v 5544 n Qf N N O 0 - . CO t0 N CO 03 N DR ap O 0N to O co u 5538 Q' °D n Tann N N N O .- •. n t8 to tO d• r+'f r]N N N N N N U NNNNNNNN NNNN O O p 0 felg NNNN 5532 j N PI NEW000 Z cc O 8 to r.55 6 0 ro Cl n w r7 N as N o, N to N 2 ao O c8 >D O crs 03 CO N CD r45 iii < ;$)) 8 co to in v rn r•) N .- O 01 Of t0 n n 5520 N 01 N N N N N N N N N N /N N N N N N N N N N N N N N N N I 1 ` • 7 rn' ' N I ��., m 5511 5512 I 5511 1 N --rr-12• acv N 505Ali N co N _4.1 5472 5503 5504 5499 PINEWOOD 04 01` 5493 5494 5493 SCHOOL �Ku�t S5500 5480 5479 5485 5486 5485 i In 5474 5473 5475NV 5478 5475 _4 5468 5467 5464 5463 34 5467 III . I- 5462 5463 66 5445 5454 5455 to 5456 s2:5. 5459 44 c.,0 0•`„, s SQ5445453 54406 5441 0 5435 616 LSSA Aso 5447 M n a� �, ;y.' W s 5439 n to 1n to .r �• 5434 54 ,r spi�.. _ G.417 N N N N N N `'' .n ,•!• • Zoning Map Planning Case 542-98 Applicant: Tammie Schmitt N ' Location: 2206 Hillview Road 500 Foot Radius Map -- 2206 Hillview Road Tammy Schmitt, CUP Application • CFI SA1111111 11 ,. - EW0.,!.. •Partnetst42 Lois Drive skiSlir °' ai L 1111 V! Hillview Road • , Oakwood Drive i I/ill `ow imorry 1 Terr ia� iiiiicit ace Drive v ��l. L u) =lin , i, sill 8 N Properties within 500 Feet of 2206 Hillview Road • Mounds View Parcels Schmitt's Residential Kennel License Petition 2206 Hillview Road, Mounds View, MN III 5 aL I don't mind that the Schmitt family of 2206 Hillview Road is acquiring a third dog (an 8 year old Great Dane-indoor house dog)which requires the ainment of a Kennel License. t (71,-,...--r, /Pr 1 Signature: 7 j Address: ?.2c 7 71, j/ vi ecJ ( l D, Signature: r 44 ♦ e .PC Address: 2-20 //0 1'l t 1 l1 V t zu Rd fi 4,-, 1 - A / 3 Signature: -.41Address: �)?S irr--e-ae-re---c---' el) int / 4 Signature:\ 1 " % - ��z t) al 11',� c� Address: c. Signature: 4.` Address: C i. 6 /117A,,7-e 4,., /Signature: ' ♦ , Address: S // 1 I 1 Uit. d c0w R Signature: 441! Address:7-2-15— -2-25— j l/✓/e(,4-I 41 ignature: n I . ke -Ce/7U Address: z. H11-1IJLl (,L) 41. 1 ignature: P'11/t- C &W i (2,71/23 Address: 2-2.3 kt1Q t) t zL.i ,/ ' $ Signature: -���� -•...L...,_ ---7 �`/f` Address: /e-e--( / i i l Signature: �f�.�.. i � A r _ _ � Address: l� � ,e 1 0 Signature: 4 4Address: 7I G / / / / 1 t Signatu h./Z•e_i.7 Address: ar) 7 14//e'-24-) Lk 1 ;t Signature: C t9UK , l.'C . Address: (01/ -j- / 11 e(AJ Eu 13 Signature: cika.. 55,1,-___,y_ Address: , p'C(.1 O496kl Dod be-. Signature: " Address: l/1 S, es N 14 woo A /,) P '1,'5 A1 Signature: �� _ ' / 4��/ Addr s: a2 5i OCLZ-W 0 0 Cy 15 Signature: ami dee& - z it-e A ress: c=1--a-J-7 QGck(..0 v -t0 ,O,k____- tSignature: J11`1 ' �^, /� �e �' x-A i Address: �Ll'5 l-Ci��p O� _O- 1 �C�'�G� vI El/ , 0 Signature: 7-4L2 Address: 9 Al 7 lit 1% Signature: a.ALI ,?/rte 012.2 q' 0 W 1,11 • Address: 1cl Signature: !` 0 Address: al 3� ��a t�l,.i°;: J Or. 1 ignature: /vi �Q /s'I j !1//� lo;.I SS ,Gtk-UJ d Address: • Signature: /,,,. ��� -+ 3 �� f f -�- �- Address: •c 2 Q't.%-.rtv'd-��tf Signature: //� 11 ,.�n,c�, �,'3- g L � �� � fvlivir, ) Address: c��� � �/��Ji�1.�/ Or Schmitt's Residential Kennel License Petition 2206 Hillview Road, Mounds View, MN 5{ayed 0 I don't mind that the Schmitt family of 2206 Hillview Road is acquiring a third dog(an 8 year old Great bane•indoor house dog)which requires the attainment of a Kennel License. . -3 Signature: a-,./ ' Address: . 'l .J 04.k-niCCc‘ 1>e• ..'1- Signature: ,1 1,.,,,JA' JhI,41-✓/ Address: Z.--Z 50 C 1C u. J j/ /signature:,._9 - n + „teAddress: c4.4 1L9 . Signature:�r�'" ,it - Address: ( t ( 1 (( 9-ii, Signature: �',- .0 tai‘J Address: a9• 00.k 1N oCCI r lifa1, Signature: 1 G'L •( 7 � 4 Q.:Z 4 00 a �r. • Signature: 1(21(, Add�ss: d r Address: 2( ¶I as t Gad 4./ �� , Signature: / L(iLCJ Address: 2-7-7"‹, 6.)A16/%414 )P----" Signature: n -L 7-4427,44--- 1D R �, 1C. � . .-<'.�. �' -l"L.2.c I) AT Address: �2 ! -6t Signature: _ �tleL . `.d. Address: C-22 .-11 -7:21.„4„ei.-C...., 4(-) 3a Signature:_ ''',/1/4 / .37 Address: �"1 �� � 62 - • 33, Signature: //' /:'s."/' /7/ /G/ Address: AC;ie L/16C._/42 G - �-, Signature: ,/ `"��� - / Address: `1/ C `I"r2-5.' Signature: Z� --..,„1L - Address: 2� *.° 4 ignature: / �G Q Address: )) d � ti ignature: - HL- C-72,rce-i51, Address: 0 r-i�----7 .Z6L--i 3-7.Signature: _ Address: a C`7 \_n`1 c �r , „G___, 3. • Signature: fp,1 2' ? (i/ Address: 1/94 Caine./. </ )/‘- 3i.Signature:QG Z i, ._p3. Q,, Address: :2 `Z 1 t [5-r; I,ILli,-c".���p-1t . lin .Signature: -Cum Address: 4 .O C/ `r'C. , . Signature: =‘-1-44- r /l ,.- Address: ''' 3 '-�` -. ? 0 ,6 . Signature: �:.���� Address: 7 �Sb't�l,C+-C9 /1 43. Signature: . _ear , 1 Address: �\d J �2ir(;C P • :L , Signature: iA,. _ r` , Address: i + t J 4(1 GCe iii. Signature: Address: rri Monday, November 09, 1998 • ct 0 Jim Erickson and the Mounds View City Council Mounds View City Hall 2401 Highway 10 r„) Mounds View, MN 55112 ,,,.. 2 Dear Mr. Erickson and the City Council: Please accept the attached Conditional Use Permit along with a Petition signed by neighbors (over 50%of those occupying land within five hundred feet of our property). OThis permit will be used to obtain a Residential Kennel License in order to adopt ^I a third dog-an 8 year old spayed Great Dane. She will be an indoor house `_ 1 dog and will not be left outside. She gets along wonderfully with our two ( v neutered male Shelties (4%Z and 5 years old) and only barks when she is alarmed -which isn't too often. I am very strict with our dogs on barking- basically, they very rarely bark. • We are very responsibleet owners are currently n'entiy(as a hobby) starting the process of getting the Canine Good Citizenship Award for our two dogs and would like to for the additional dog, also. The Shelties are currently in obedience training and we would like to put the additional dog in training, also. We keep the Dropping (dog poop) picked up on a regular basis and are very consciences whenever we take our dogs out in public in regards to cleaning up <»�:�>:<::: : max' after them and controlling their behavior. " "`"" ' Your approval of this would be very, very much appreciated as we would also * ; i - like the additional dog for protection. I am a single working mother and our `' • `":'` 01 house has had an attempted break-in this past Spring(reported to the police) • ` while my 12 year old daughter was at home waiting for the school bus-I was in « :::::•:.,:: transit to work. The Shelties are small (30#each) and friendly to everyone- i:: i<>` ;, :, ' '` , the Great Dane is very large (160#) and protects my daughter. igaii Y '`` ''" Thank you for your time and consideration. If there are any questions, please The Schmitt Family feel free to call me at home 785-0956 or at work 330-5077. 2206 HIIWiew Road Sinc rely, Mounds View,MN 55112 , 612-330-5077 0 ���fu'"//y��'��" i ,it. 'j,(_•l. ` 612.785.0955 ammy Schmi tlsaumittepdisbury.com MOUNDS VIEW PLANNING COMMISSION • RESOLUTION NO. 562-98 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF A CONDITIONAL USE PERMIT TO ALLOW FOR A DOG KENNEL FOR TAMMY SCHMITT, 2206 HILLVIEW ROAD; MOUNDS VIEW PLANNING CASE NO. 542-98 WHEREAS, Tammy Schmitt has applied for a conditional use permit for a residential dog kennel at her property located at 2206 Hillview Road, property zoned R-1, Single Family Residential, legally described as followed: LOT 4, BLOCK 6, PINEWOOD TERRACE NO. 3, RAMSEY COUNTY,MINNESOTA WHEREAS, The Mounds View Zoning Code allows, with a conditional use permit, three to four dogs at a single-family residence; and WHEREAS, the Planning Commission has reviewed the following documents regarding this proposal: • a. Planning Application b. Zoning Map c. 500 Foot Radius Map d. Petition e. Applicant's Statement WHEREAS, the Planning Commission finds that the signatures on the submitted petition are valid and meet the licensing requirement for residential dog kennels; and, WHEREAS, the Planning Commission makes the following findings regarding the criteria for approval of a conditional use permit, as required by Section 1125.01 Subd. 3.b.: (1) The use will not create an excessive burden on existing parks,schools,streets and other public facilities and utilities which serve or are proposed to serve the area. (7) The use will not cause traffic hazards or congestion. (8) Adequate utilities, access roads,drainage and necessary facilities have been or will be provided. Owning dogs, as many as four,will not have an impact to public facilities,nor generate additional traffic or cause congestion. • (2) The use will be sufficiently compatible or separated by distance or screening from adjacent residentially zoned or used land so that existing homes will not be depreciated in value and there will be no deterrence to development of vacant land. Resolution 562-98 Schmitt Kennel CUP • December 2, 1998 Page 2 (3) The structure and site shall have an appearance that will not have an adverse effect upon adjacent residential properties. The dogs will be separated from the adjoining properties by a fence,which will prevent the dogs from running loose through the neighborhood. (4) The use, in the opinion of the City Council, is reasonably related to the overall needs of the City and to the existing land use. (5) The use is consistent with the purposes of the Zoning Code and the purposes of the zoning district in which the applicant intends to locate the proposed use. (6) The use is not in conflict with the Comprehensive Plan of the City. Having dogs as pets is a common part of the suburban residential experience, an activity which does not conflict with the zoning code nor the comprehensive plan. NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission recommends approval of the conditional use permit to the City Council, with the following recommended stipulations: 1. No more than four dogs over the age of six months shall be allowed at the property. 2. The applicant shall be responsible for paying an annual license fee (currently thirty dollars) upon approval of this permit and again on or before every first of September thereafter. 3. The applicant shall maintain the yard in a clean, quiet, orderly, and sanitary condition. 4. The backyard shall be completely fenced in to prevent the dogs from leaving the property. 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 2nd day of December, 1998. Jerry Peterson, Chairperson ATTEST: Rick Jopke, Community Development Director • (SEAL) N:\DATA\GROUPS\COMDEV\DEVCASES\542-98\562-98PC.RES REQUEST FOR PLANNING COMMISSION ACTION Meeting Date: December 2, 1998 Staff Report by: James Ericson, Planning Associate Planning Case No.: 539-98 Request: Variance to Allow a Zero-Foot Driveway Setback Petitioner: Blacktop Paving of MN, Representing Ted Jarvis, Property Owner Location: 2236 Hillview Road PIN No. 05-30-23-43-0008 Zoning/Land Use: R-1, Single Family Residential / Single Family Home Applicable Regulations: Section 1104.01. Subd. 4c(1)(a): Sets minimum setback for a driveway at one foot, provided abutting property owner indicates their permission. • Section 1125,02. Subd. 2: Criteria forrantin variances. g g Attachments: 1. Development Application,dated 11/10/98 2. Zoning Map 3. Location Map 4. Public Hearing Notice 5. Job Estimate,dated 5/5/98 6. Letter to Property Owner,dated 8/18/98 7. Building Permit Application,dated 8/19/98 8. Letter from Contractor to Rick Jarson,dated 8/19/98 9. Letter to Contractor,dated 10/22/98 10. Driveway Encroachment Agreement,dated 11/15/98 11. Planning Commission Resolution No. 563-98 Background: Blacktop Paving of Minnesota, representing the property owner of 2236 Hillview Road--Ted Jarvis--is requesting a variance from the Code requirement that specifies that driveways shall maintain at least a one-foot setback from a property line. This summer, Blacktop Paving of Minnesota installed a twelve foot expansion to Mr. Jarvis' driveway, without having obtained a • building permit. Had the permit been applied for prior to the installation, the contractor or homeowner would have been told that driveways need to be located at least one foot from the property line. Blacktop Paving of MN Variance Request Planning Case No. 539-98 December 2, 1998 Page 2 Staff, on routine inspections in this neighborhood, observed a fresh driveway expansion clearly too close to the property line, at which time it was discovered that no permit had been obtained. Staff contacted the property owner, Ted Jarvis, who provided the name of the contractor--Blacktop Paving of Minnesota. While the contractor did arrange to obtain and pay for a building permit upon notification by City Staff, repeated attempts to resolve the encroachment issue were not successful until November 10, 1998, at which time the development application was received. All correspondence is attached for the Commission's reference. Analysis: According to Section 1104.01, Subdivision 4c(1)(a), recently amended by Ordinance 620, driveways shall be located no closer to a property line than one foot, provided the adjoining neighbor grants permission for such encroachment. The affected neighbor--Jennifer Kordiak-- residing at 2228 Hillview Road, had not granted permission at the time the driveway was installed. Ms. Kordiak has since provided the City with an executed form indicating her permission to allow a driveway within five feet of her property. Variance Criteria: The criteria for granting a variance are stated in Section 1125.02, Subd. 2 of the City Code. There • are seven standards which need to be met in order to justify the Board of Adjustments and Appeal's granting of a variance. The Codes of this City have been put into place to ensure the orderly growth and development of the community while simultaneously protecting the health, safety, general welfare, comfort and repose of the residents. To deviate from these Codes, there must be a compelling reason to do so. There must be a hardship applicable to the property or situation that has not been created by the applicant. In other words, a hardship situation is present when the strict application of the Zoning Code makes reasonable use of the property impractical. Economic considerations alone shall not constitute a hardship. Each of the criteria are listed below with a short response in relation to this particular variance request. 1. Exceptional or extraordinary circumstances apply to this property which are out of the owners control: There are no exceptional or extraordinary circumstances that would prompt the granting of this variance. This criterion cannot be met. 2. Literal interpretation of Code would deprive applicants rights commonly enjoyed by others in the same district: When permits are issued for the installation of driveways, the plans are reviewed to ensure that all work performed will conform to the Codes of the City. The strict application of the Code is consistently and uniformly done without any deviation. Had the contractor or resident applied for the building permit before starting the work, they would have been informed that what they proposed was not allowable. This criterion cannot be met. • Blacktop Paving of MN Variance Request Planning Case No. 539-98 • December 2, 1998 Page 3 3. Special conditions do not result from actions of the applicant: The condition which would warrant the granting of a variance is the direct cause of the applicant. Again, had the contractor or resident applied for the building permit before starting the work, they would have been informed that what they proposed was not allowable. This criterion cannot be met. 4. Granting this variance will not confer onto the applicant a special privilege: Granting of this variance would confer onto the applicant a special privilege not afforded to others in the same district, in that the City Code specifically prohibits driveways from encroaching any closer than one foot to an adjoining property. This criterion cannot be met. 5. The variance requested is the minimum variance which would alleviate the hardship. From staff's perspective, there is no hardship. Given that assessment, this question is not applicable and thus, the criterion can not be met. 6. The granting of this variance would not be materially detrimental to the purposes of this Title or to other property owners in this district. The intent and purpose of the Code with regard to driveway placement is clear. The one-foot minimum setback is a means to protect both property owners involved--the applicant and neighbor, in the event that a survey of the lot were to show the dividing lot line in a different location, such as on the driveway as opposed to next to the driveway. This criterion cannot be met. 7. This variance will not impair the supply of light or air to adjacent properties. increase congestion on public streets, endanger public safety. or substantially diminish property values in the neighborhood. While granting of this variance would not impair the supply of air and light to the adjacent property owners, the impact to property values or public safety may not be as clear. It would not be expected that traffic would increase as a result of the encroaching driveway. This criterion probably can be met. Except fur the last, none of the criteria can be met. According to Section 1125.02, Subdivision 2 of the City Code, a variance may be granted only when all of the seven criteria are met. It is staffs position that there is no hardship, and as such, no variance should be granted. Recommendation: Approve Planning Commission Resolution 563-98, a resolution denying the variance request of Blacktop Paving of Minnesota to permit a zero-foot setback for a driveway and requiring said contractor to remove one-foot's width of pavement, restoring area with sod, weather permitting. James Ericson, Planning Associate N:\DATA\GROUPS\COMDEV\DE VCASES\539-98\VARIANCE.RPT Y -1- CONINIU:NITY DEVELOPN_4 NT-DEPARTNIEN 1 I DEVELOPNLENT APPLICATION 2401 Highway 10, N�,,unds View MN 55112 • I Y/.., :•..', 612-717-4020 �..� r�„nci,",t • 612-734-3462 - FAX Please Type or Print Information-Complete Both Sides of Ttiu Fo.::. A.i,pi,cant information __rr 7�/l�� �,�.��., t`1.u...:ca Applr,:ai a „3, (1.. dC`E0p (PCI,Ut i\ CST-M i t h h es Of'4.ritCi Tcicl........: 2" p0 t[ 34 Fax _ —. 7W-96, C( - S-51449-0 3 9e- ir,tec..Jt iw Propeety( ±eek appropttate Noxi Owuct uf?ruperty 0 Contact for Deed Ower' c. Li;-,see. Operator,iv;ai sager y� / 0 Agreement to Ptucbaac jC _iwct i.e' i►nt) WG1.t r of - --------------•-•-- t,,t.i,."..r,t. Muni provide evidence orint..rest in property at the tithe of application,and if y4.- ere cut the uNuer of the i:,r,pe rt v,yiso must provide a fetter of permission from the owner giving consent to the filiues..f this itpplicatiou. .lbe .. -i rriy uv4,utr must sign this applicxtiuo for it to he accepted. n -i(2 r`t,.t„.Cy t)iscripciou/Yuuri l II OCLL1 tkau,`4S U jet,j ill d i ie;t:sl .o�aLlutl �01- t l� / LOT '2B LO CAC 64 P t n Eta.)0o-0 Tela R-Act: * 3 p,c.p:.cry:(.iCt:ttncutiottk0-,tNti) 65 - 30 - 23- ab- 000$ • ::. .:t - ., 2S o_cr_nz .._- R ._ ---- R-1, s,a.,,.eyez. �0.,,-,-us �'=-:%_, .1-r ca. - - ., .: . ;;I,,,ttC.it...,u I imp cten..ive Plcn Amendment $250 o ;2e7oning $Z.50/acts: win$250 r .b l5vu C :vldiur Subdivision $250+$250 deposit" o MM.% Subdivision • $200 c :':u:tued(hut De,,e14cneot(PI T7)) Refer to rezoning tees P�'1)Amendment $350 c / (.o.aiittCIt;a'•t).SC Permit R-1, R-2$05'.all other .1;--DO V'.n ,.cc R•1, R-2$100 all odic,.'5250 ('ode 4ppeal $130 Dev'el:,p Review./Site Plan $l2Siai e;tun$125 tL_.,S-.'50 o Wetland.J oration Per ut R-1,R-2$150;all othc:s-t2O0 O 'vticLan,l Bu er Per'rut k-I.R-2$25;all other:,1,1)0 C., FI dplaut?en-rut $20.3 a atelier 'Deposits sit shall be paid to cover ill costs of pubLc r.otices.troatenals and staff or consultant tinge spent u;the review, ._ -.; 1i ,r I-t c1,as pit.:0t:of tuatcrialy:i:;so;iateil•xtth this application. The apphcaut shall be i spc__thle for all reascnatrle t,ct,:..,.,c,:x_;o.We irtit:si deposit ar;oun'.. An portion of the deposit not spent or enc',,,,hered s,`:all he refunded tit... •-:'t ii;:-..ii,,..:,it :Qum:!,3:i; days after canstdc:alien of the;:rlrlrcatiun is c.)mpletcd. Please totaptete the ,cverse side of this application. • .... c_- _1 vi... i,.,§ ....IV. 1 i. IL'... i..1 (114:11Lids Viesv,MIN vrit.i•LIII:n: Appilcatloil Page 2 • !'.c:.k.i..1 I I%....I k'rtip‘Tty l IA:,,•:1,/i.Cd/Vac:ail( , ..-'--- 12''''''''.... ,iitgle Finally DwcIlMe. .. .,pi;IxTi.A./,-)FainiiyDwe.Ilme C, Multi-family Dwelling Liommercial Establish:Lea: 0 Inawarial EabLbtlarzill .. f..,(%cr,,,,:x04411.1) ----.-----------_- ------------------------------ la..).)1;L•i1:1.;1..i 71 st.racl - - -r .Of ICIIS ± . . _A . V6IdiAlC-e n,eecf e ot 0 b-r-ct,i i Alqr(Vatui fathli'it— __.. . _ --- - ----—----— _ .1 f.',1',()::1<):,10NA1-1.:1:1-.. ON 71-US APPLICA.110:•i. I HEREE.Y DECLARE 71•IAT,TO T:-li LENT OF MY L, ii-IL FM'olt.klATION PROVIDED IS TRl.rii AND A( CURA t: 1,10, ),IAppLicant NJ A. a.-# e4-6J244—e/r\ -1 -- Nue 01,-4)91A:wit t-'ypei.i./pruatc ) Li 16..s L.,,....,. .):,.,!,,i,,),,,,,r, • , ,....L.,,.,...„-!•:....,.-..i.'t L., 1...Aku .•:Cy'ped.prinlcd..) VCICI1/4. ce r ut 5 .ifilit:-Qc.0 r•Boact 111 cc-c. vl cts U i.e.w ) mid IM,:t:,t ;:uribei 01 Owt:ci ___________ . 441.,.,.? of FOR OFFICE US ONLY ._).0... ,,. :)..v...,i:L:cal •Nic1).A-nb2.4- 10, letci 6 ... i,% ::.,.: .1.-_,.-.1.7.1.L.:„.-.• _NOV Liniti,- 3111 I,ci-q-1/47( A. it.:net.1 to. ...1.t..m... FLO-4..4-50-% : I.a,:,dii, C .. s: :,lo 5 31- c1Z p',0- aN :.:niit I/23/q9 )20-daY LIII.“ 3/02,44./. ci .-- 1.L t-ccz,:-'aid. Account i Chcck 4 Ripi g .....i.,,i....:.it ,:l ------------ - .. .... ------------ --------- ---- .. I.... • . I:..,.-.,,.to I.,. ,_,,Num:,.,4 1,....5.1',U t r-1...I fq & 1,.:3 . , at ' •.' rn 5731 1 ENFIELD .`,r' NNN N N N 1 5721 1 d,'��� ``' DR _ ro\�`c\`y o o 'n �n ril , 5711IP l �� N N N N aril • • 11:41c, tfl� ��' N N N N • �r 1111111 2200 5701 .-' c" r. 'n N 1 r ,.%116" °! `o‘,� c+ �`�� N N ® 1 �� 5691 ,�C1° lk �'� <<'� - oN °� ' 5681 • `nr 61 c'c4 � �� N 5671 IllailEmit, <<, P C4Ft 5661 CI S) CIrl R . 3 -04 --1- - ,T. co F— V i;,) All J7 M N N N N N N N N M •') N N N N N N , N N N V NNN HILLVIEW _1 M to r tleel re) to M M of OtN\ • !7o ' wM mN • ONp lb W,.wut, <d' M MC` N N N N 04 04 N N N N N N N N N 7 N - ....- 01 ''..01 - ;- WOOD WOOD Dp N N N N N N N N N N N N N OAKWOOD ✓ N N C' o °' n r A '— PARK �-- 561 : 561 561 : N N N N r7 N N t` rn M 'n 5590 N rn K I— vN N N N 04. OCCN) C 6"Z3 P F • T--r- N 561 561 ' 561 . 04 N 1N N (i) OAK i•, N ` 560: 560 560. co r , • . •NN Nmi -a' tD Ca N to CO CN N N NN N N N O CJI °o t° to `' M '`560. 5601 5600 N N NN T- to N of MN Nto N N N CNp N N N N N N c• cp • w5562 556 • 556 N NN NN = 5556w555: M TERRA avail ^ r. a) Ns M U5550 5551 a ME oo `� E N NNNNN (c N NN N N =MS N~ N N N N N gUMMNR8ME dCOtD Ca EMI (O COcDCa C, M Ir 5538 „,,,, In N1 MNN N . N U N N.- 74 • r`W 5532E1 REEL> PINEWOOD 0 a rn Z N433 rn to 0 N to r\ a7 r) r. CA re 5526EScn 5526 co o co co a cDN N Co t\ cc to to .cr ref re = lift N N N N 0 =EMI tMEI N N N N N N N � � N N N N N N N N N N N RDI :0.,.... 0.:::.:0: 2O m 5511 5512 5511 in Po rel inagi N N N N 11”) ,n �V 5497 5503 5504 5505 InLo g 5472 5499 PINEWOOD N N : N SCHOOL 5493 5494 5463 •: S 5500 5480 5479 R-2 5485 5486 5485 5474 5473 5468 5475 5478 5475 Zoning Map Planning Case 539-98 Applicant: Blacktop Paving of MN N 7 Location: 2236 Hillview Road 0 1111_, _=.-47 CITY OF= MOV�[DS VIEW _�-"-- -kn-..F4E E a E.i b.. 4 I r I. LOCATION MAP :.111-.,..:,__L,,.=1,==--I_-. n � imI _iJlllr'uP .. —. "" muuln -4_ _ '' --__ "=--==== "°, Applicant: Blacktop Paving of MN ��Ill == : •° ,,,,,,, Property: 2236 Hillview Road li iUi _ .111. ;r;c;x;:r,;.�, •/r., yr _ .. .......ii 'Wolf,II s! �.'___: ;:r.P au,uauu.m EE Request: Variance Rail 11 _I.llsr.L•a.. gsgii w" PLANNING CASE NO. 539-98 ;1111115111;1:117_--';r ',:?Ii,mime €I IIIMIIIIIIR Ft'FIL,--41 :" 1.011, ,;kL i_-_ME A-i iii=lMrg=IIIII!-si- Ill h r. .�, �imirdim _ � It) 2236 Hillview Road 3./..,„..L, z Pro erties Within 350' N • 2236 Hillview Road X1111=' �`d �-^1�1l� 11111Y 11�, iii4 Jr'���\ ��I� l - �-. I r iii i�l���III■„■�■■■ C�� 1 I- l I I I r Tis i 1 =--a_ I i 1 1 1 Ur ib imp MI Ili iiii el, 9 MI II MO G I MOIl u'. E ■uIuuuIu■ -_ I ■o ■■.■ I i ,-;- E -m ■■ I rr ■■o■■ .I ,^.4 1 15.11 IIIIIEEMMin .. % ,�C ■=:i 67 - 11m111/M /III MEN NM ew ::MI tellb: sum sm.-TT i mm ii :�. IIITiT14 9.1 —,__: \IIIITON r,,,,.. ____. ____. .... ic,l, - .� `moi.•■�e� ��. = Eli : ilotice of Public Heng • CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA NOTICE IS HEREBY GIVEN that the Mounds View Planning Commission will hold a public hearing on Wednesday, December 2, 1998, at 7:00 p.m. at Mounds View City Hall, 2401 Highway 10, Mounds View, Minnesota, 55112, to consider a driveway variance requested by Blacktop Paving of Minnesota for the property located at 2236 Hillview Road. The property is legally known as: Lot 8, Block 6, Pinewood Terrace No. 3 Ramsey County, Minnesota • The variance request is to allow a driveway installation up to the edge of the property line. Anyone desiring to be heard with reference to this matter may be heard at this meeting. If you are unable to attend the meeting but wish to comment, you may submit a letter to James Ericson, 2401 Highway 10, Mounds View, MN 55112. The letter will be forwarded to the Planning Commission. Copies of the plans are available for review at City Hall. If you have any questions regarding this meeting or if you want to make an appointment to review the plans, please contact me at 717-4022. James Ericson Planning Associate This notice is mailed to property owners within 350 feet of subject property. This notice published in the Bulletin Newspaper November 18, 1998. • Job Estimate ,6LAC 1(T OP PAVING GARAGE SLAB/APRON UNDERGROUND OF MINNESOTA, INC. INSPECTION LINES P.O. Sox 49398 WATER SHUTOFF •ineMN 55449-0398 00 ,2784-0755PERMIT P.O. 800-472-8399 DATE: 5...5".... C� CUSTOMER: GOPHER ONE CALL# MAP PAGE iF f ' �. I V/ JOB NAME/LOCATION IF OTHER THAN AT LEFT. -) I `LL icLv R , , ,p,1 ,%,' J `i `/ I.C cA.„ /— , ,v , PHONE if - _ 7 _,) WORK # ? 7 1- 94/ 4/-1-71 OWNER: JOB DESCRIPTION/DIAGRAM I• 1I ! ! i 1 ! ' • I I ! i ! _ I __. _ ! ! 1 _ ( . .4ti o . 1 - I i 1•+' '• IIi • IIIIIIIIII II111111i , I ? III ! I ! ME Ili .. .-__ .._ -. ______..____th_7,_.i_ki' "YmmilliMilliMilaltillEIMEMIll 1 i , 111■1111111115_ I i i _- — ! ( I I vi ���w��� I ____ _ lv�l."_�!n!!!w I I—1111111111M1111111111111511111111111111111111111111111 I - 1111111116!!!!1111 I I I 1V 1 ! I --_ _—.._., ' ; I ! I$111 !U!!►i!!!vlgRInUR i I , A 11.111 L11 1 I I . I . , l l l l I I ' ` I I I I I I I I i I it ; I 1 ; 1 ! llil illi ( lil i � I ! ll MEM , ! Ilii ► 1III lllll �i • iillll III ( LIIIIIIiimiumunilliMm• GRADE AND BASE : r S L E 71 -1•, L 7 n s c ':) c: ,) ASPHALT SURFACING 7 ' -- ;.—/ -' :: 7- l' ...0 c 7.::. j , -I . r -y . , 4 THIS ESTIMATE IS FOR COMPLETING THE JOB AS DESCRIBED ABOVE. IT ESTIMATED *PERMIT IS 3ASED ON CUR EVALUATION AND DOES NOT INCLUDE MATERIAL PRICE JOB COST 1 i < <� J CHARGE INCREASES OR ADDITIONAL LABOR AND MATERIALS WHICH MAY BE THIS ESTIMATE MAY BE REQUIRED SHOULD UNFORESEEN PROBLEMS OR ADVERSE WEATHER WITHDRAWN IF NOT ACCEPTED IN DAYS CONDITIONS ARISE AFTER THE WORK HAS STARTED. ESTIMATED-c BY I ) /t/!i^--f-_i 7 1 /.-l -"� CF n11708Phone: (612) 717-4000 A Fax: (612)784-34• • ep4rerr Partneo\42 August 18, 1998 Theodore& Arlene Jarvis 2236 Hillview Road Mounds View, MN 55112 Dear Mr. &Mrs. Jarvis: The City is aware that you are making some improvement to your property, specifically, adding to your existing blacktop driveway. The City appreciates your efforts in maintaining or upgrading your property, however, we would like to make you aware that Mounds View Code requires that a building permit be obtained prior to this type of work. Please contact either myself at 717-4020 or Building Inspector Rick Jarson at 717-4024 for • further information regarding the permit process, or stop by City Hall to apply for a building permit. Office hours are Monday-Friday 8:00 a.m. to 4:30 p.m. The City is requesting a response from you by August 24, 1998. Please be informed that a final inspection is also required for this project. Thank you. Sincerely, CITY OF MOUNDS VIEW tryY Ct >, L'i.t -7S 07 ss Barb Benesch Community Development Department Li; c 2ryt Administrative Assistant cc: Rick Jarson, Building Inspector 5fAi 4./ , Rick Jopke, Community Development Director OQIere_C: )21,„„ix_t_e• - • 1-7 ftir 6/A S")", " k) €114'"( f�L vLYYw�- *1.111,11/ 2401 Highway 10• Mounds View, MN 55112-1499hc(INKIty f .00.0 Dam" Equal Opportunity Employer / l' U 1 , r iJ,n,l.-rAe,, 1 Permit No ©C CFt,UtJU U'J.D2 Wg27h jJr;`�o'� ` ��r�� ���0C�� �� • Mppt.r t 10 comp/efo numbered spaces only: 1 SITEAUDRESS „ :741—..,:- 74 � :-:Q2 I — - I a�3 {� 1 v ew M o ,(�.S U�e cLJ m Ssrla.. ls 1OWNER MAII.AUDRES$ 1 ZIP PHONE 2 —Ttzodo r•e- Q? (Tarin s —,=1.�.3 G t...1: ((vLew Rd., Mocunis Ui.ew,M is71,;. 7g-s7/y7_ r CONTRACT R MAILAOORE.SS ZIP PHONE Q J QC(C40p 1�a-Ji o+ MAJ ,.1-vie. , P!&u EN3?Y, g(�i.ikit (4AJswg9 7N-a7s-• T'' .4.RCHt7ECTIOk::SIGNE •'ENGINEER MAIL AODAESS ZIP PHONE (� USE OF SUILCINCI 4 DESCRIBE wOAK Lte‘errk.lk ci_5(A6.,t+ av t v gwcui . .I t . VAwAT,JN Cr'WORK NOTICE -r,.x oc .ncr umGxx �O'p Zonf iit af!?MI BECOMES NULL ANO VOIQ IF h'ORK OH CONSTRt1C71CN �d No A F4•Scrori..s •I AL TNORIZEG t5 NOT COMMENCED WITHIN 110 CATS.OA IF C�ISTAt,CT]CN flop SWAN (R,pyafd , Yes .: Vet I CA O'OkA IS SUSPENOEQ OF ABANDONED FCR A PERIOD OF 120 DAYS AT R°WI SA.A. 1 AtvrT,r.1tAFTER WORK IS COMMENCED. OFT'STREETPeP,cNGVACCS t : HERESY CERTIFY THAT I HAVE READ AND EXAMINED TNI$ 0.. 1 AFPLICATIC?J AND KNOW THE SAME TO SE TRUE AND CORRECT.ALL .o t„,,,, oar.ma tLawwae PF::VIS:ONS OF ,AWS AND ORDINANCES GOVERNING THIS TYPE OF WORK LfVf, [TRW? OLOCK LCT NC. , ',SIAL aE COMr.1E0 WITH WHETHER SPECIFIED MQREIN OR NOT. THE OIiCAP„o,,, r+ANTINO OF A PERMIT DOES NOT PRESUME TO'iIVE AUTHORITY TO I .iQl.'rR OF CANCEL THE PRCLISIONS OF ANY OTHER STATE OR LOCAL LAW sp.cul,MD. Rpy14 R•ew„mC Ro4 Row.au • IiE3L,LATING CONSTRUCTION OF THE PERFORMANCE OF CO STRUCTION _ ROCO'LAM S-14-N wTU E OF CONTRACTOR CR AUTHORIZED AGENT (DATE) W471..m40 _ cFAietAce REPORT Siu:4ATURE CIF OWNER(IF`WNER SUILC€-R! (DATE) OTHER(Samba J IMPORTANT TO APPLICANT—PLEASE READ EASEMENTS C ries O testers&aa••••WM et ea*awl. ':P£CIAL rt+f?IT10AS 19 pre PyrI '14-Z : (Jtec. Uctn,5_. SEPA!~ATE PERMITS REQUIRED FOR: j .. , , •. : . CI ;•..•���, - 1.(- _C PL..MOING # — I , N y' • -4. „-, , ^. v ll L.Y\ : 1� •,—(1) • !-8E.�,TING, VENTILATING ,, •j ---.) 1 / -- CR AA CONDITIONING N ( — ''MtKs110w NGC VTm fr I ►U,ww Cmi(rfO eV J *YMI:.CO Loo r'ibu.CE Y. ELL-L fRICAL+1 SLACKTCPPING M i -1 SEWER k &WATER # cCNTNAt rORcL,CtiNS sTATE j 40TREOUTAE0 O re j AEr,C,,.G THIS IS AN APPL:CATIoN ONLY �q zeRWFc Te 51 4-5 THE PET-WIT WI_L SE ISSUED AFTER °UN Cw Ertc FE6 I 01RE'v,EWAE Cr THE APPt_ICATIO?!. supC.AACF 1r I iwM OtraL,E }t �_ l LCEN11t CMeC 4 Si TOTAL FEE s )0/cif?$ -Cv;1 ( CGo-e yet. ,-) S Ci_ • a. _ -___ 1 Blacktop:Paving:of Minnesota, In• c. _ , P.0. Box 49398, Blaine, MN 55449-0398-(612)784-0755 or-FAX(612)7849642 : r _ - • August 19, 1998 _Rick Jarson ;� :, t City of Mounds Yew r �� r ; 2401 Highway I0 . .:C:` a:.Mounds:View,MN 55112 Re Building Application-2236 Hillview Road,Mounds View As discussed today, enclosed is a Building Application forthe referenced address'which. . .we overlooked in obtaining for the asphalt driveway we installed for this customer :Also " enclosed is a site diagram and our check for the fees based on the valuation of$1,173 for the drive:- - wa y. e , 3 4 A ., ''.1''r . .$44.85•DrivFeN •:I. 1. 1J`7LL F IA , 59 Surcharge " '.� _ r$45.44 Total Pleasesend-a copy of the permit so that-we canassure the customer that thishas been resolved. - Thank you Sincerely, 0A---t-426---el- . Lilac•Anderson - President a Com'OF I1l©MHD3 • a Phone: (612) 717-4000 • 0�-_ Fax: (612) 784-3462 06c res4 ' Partners\'' October 22, 1998 Blacktop Paving of MN, Inc. P.O. Box 49398 Blaine, MN 55449 Dear Sir or Madam: The City has contacted you on three separate ocassions by phone regarding the driveway installation at 2236 Hillview Road. You were informed that the driveway was installed too close to the property line and would, therefore,require a variance . On August faxed a planning application to complete for your variance request. To date, we have not�e received a response from you. • Please be informed that thisro p perty is in violation of the City's Zoning Code and that this matter must be addressed. Please contact Jim Ericson,PIanning Associate,at 717-4022 to discuss this matter further. If we do not receive a re y Friday, October 30, 1998, an administrative offense will be inse ssuedwhichwhicou hacarries a fine of 5this matter 100 per issuance. If you have any questions, please contact me at 717-4020. Thank you. Sincerely, CITY OF MOUNDS VIEW B..". Benesch Community Development Administrative Assistant • 'ISDYINK 2401 Highway 10 • Mounds View. MN 55112-1499 i DRIVEWAY ENCROACHMENT AGREEMENT --i-en sN` Ko , property owner of 2228 Hillview Road, Mounds View, Minnesota, 55112, legally described as Lot 7, Block 6, Pinewood Terrace No. 3, do hereby grant my nonrescindable permission to allow the driveway located on 2236 Hillview Road, Mounds View, Minnesota, legally described as Lot 8, Block 6, Pinewood Terrace No. 3, and owned by Theodore Jarvis, to encroach within five (5.0) feet of my westernmost property line. I do hereby also hold the City of Mounds View harmless from any action resulting from the installation or maintenance of said driveway, now, or at any point int the future. operty er, 2228 Hillview Road) 1 I / 1Sl9g (Date) • • MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 563-98 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION DENYING A VARIANCE TO PERMIT A ZERO-FOOT DRIVEWAY SETBACK AT 2236 HILLVIEW ROAD AS REQUESTED BY BLACKTOP PAVING OF MINNESOTA; PLANNING CASE NO. 539-98 WHEREAS, the Mounds View Planning Commission has reviewed the request of the applicant, Blacktop Paving of Minnesota, representing Ted Jarvis, property owner of 2236 Hillview Road; and, WHEREAS, this property is zoned R-1, Single Family Residential District and is legally described as: Lot 8, Block 6, Pinewood Terrace No. 3, Ramsey County, State of Minnesota IPWHEREAS, the Planning Commission has reviewed the following documents associated with this request: 1. Development Application,dated 11/10/98 2. Zoning Map 3. Location Map 4. Public Hearing Notice 5. Job Estimate,dated 5/5/98 6. Letter to Property Owner,dated 8/18/98 7. Building Permit Application,dated 8/19/98 .actort ' ed 8/19/98 9. Letter to Contractor,dated 10/22/98 10. Driveway Encroachment Agreement,dated 11/15/98 11. Planning Commission Resolution No. 563-98 WHEREAS, the applicant has requested a variance from the City Code to allow for a zero-foot driveway setback; and, WHEREAS, the driveway expansion for which the variance has been requested has already been completed; and, WHEREAS, Blacktop Paving of Minnesota, the contractor that performed the work, failed to obtain a building permit prior to the driveway installation; and, Planning Commission Resolution 563-98 Blacktop Paving of Minnesota Variance Request December 2, 1998 Page 2 • WHEREAS, there are no extraordinary or exceptional circumstances that apply to this property that would justify the granting of this variance request; and, WHEREAS, the literal interpretation of the provisions of the City Code does not deprive the applicants of rights commonly enjoyed by other properties in the same district; and WHEREAS, the conditions which necessitate the variance request have been caused by the applicant in that the applicant failed to obtain a building permit for the work performed; and WHEREAS, granting this variance requested will confer on the applicants a special privilege that is denied by this Title to owners of other lands, structures or buildings in the same district in that driveways are required to maintain a minimum one-foot setback from adjoining properties. NOW, THEREFORE, BE IT RESOLVED, that the Mounds View Planning Commission acting as the Board of Adjustment and Appeals, (1) denies the variance request of Blacktop Paving of Minnesota, representing Ted Jarvis, property Owner of 2236 Hillview Road, and (2) requires that Blacktop Paving of Minnesota remove a one-foot's width of pavement to bring the driveway into compliance with the City Code, restoring the ground to its previous condition. • Adopted this 2nd Day of December, 1998. Jerry Peterson, Chairman ATTEST Rick Jopke, Community Development Director (SEAL) N:\DATA\GROUPS\COMDEV\DEVCAS ES\539-98\VARIANCE.RES • • REQUEST FOR PLANNING COMMISSION ACTION Meeting Date: December 2, 1998 Staff Report by: James Ericson, Planning Associate Planning Case No.: 541-98 Request: Major Subdivision Preliminary Plat Petitioner: Wendell Smith, Representing Anthony Properties Location: 2430 Highway 10 PIN No. 08-30-23-23-0003 Zoning/Land Use: Mixed Use PUD/Multiplex Movie Theater under construction Applicable Regulations: • Municipal Code Section 1202.01, Subd. 1 states that full platting shall be required for all major subdivisions. • Municipal Code Section 1204.02, Subd. 5 states that a park dedication fee equal to ten • percent of the market value of the land is required in conjunction with a subdivision. Attachments: 1. Planning Application 2. Zoning Map 3. Notice of Public Hearing 4. Letter from MnDOT,dated 11/9/98 5. Resolution No. 5 64-98 Background: The Mounds View City Council approved the development stage of the Anthony properties planned unit development on April 27, 1998. This PUD allows for the 15-screen movie theater, three office buildings and two retail or restaurant uses. The final plan for this development was approved administratively by the City on and building permits have been issued for the theater building. The parking lot has been paved and striped and access have been stubbed in to both Highway 10 and Donatelles. The access to County Road H2 has been installed completely. Because of the multiple uses and potential for multiple ownership entities, a platting of the theater site, which encompasses approximately 25 acres, is required. Plat Discussion: • The proposed plat for Anthony Properties contemplates the subdivision of the 25-acre parcel into seven lots. The approved uses for these lots are as follows: Anthony Major Subdivision Planning Case 541-98 December 2, 1998 • Page 2 Legal Use L t Area Lot 1, Block 1: 11,000 sf Office Building 30,628 sf. (0.70 acres) Lot 2, Block 1: 11,000 sf Office Building 34,631 sf. (0.80 acres) Lot 3, Block 1: Parking 189,869 sf. (4.36 acres) Lot 1, Block 2: Restaurant 137,000 sf. (3.15 acres) Lot 2, Block 2: Retail/Restaurant 111,641 sf. (2.56 acres) Lot 3, Block 2: Theater 467,541 sf. (10.73 acres) Lot 4, Block 2: 11,000 sf Office Building 31,889 sf. (0.73 acres) The development site is bordered by Highway 10 to the northeast, County Road H2 to the south, Long Lake Road to the west, and is bisected by Edgewood Road, which will be realigned to cross Highway 10 at a near-right angle, continuing through the development to County Road H2 to the south. Analysis: According to Section 1202.01, Subdivision 1 of the City Code, full platting is required for all major subdivision requests. The applicant, Anthony Properties, is requesting approval of the preliminary • plat for the proposed Anthony Properties Addition. Review of this plat is required by the City Engineer, the Director of Public Works, the City Attorney, Rice Creek Watershed District, Ramsey County and the Minnesota Department of Transportation (MnDOT). The plat, date-stamped 11/23/98, bears the required data for preliminary plats as specified by the City Code. As with any subdivision of land within Mounds View, two issues need to be addressed. The first is easements. The plat shows easements for the wetland area, those areas to be used as NURP ponds, and other drainage and utility easements. These easements will be dedicated to the City by virtue of their inclusion on the plat. Other easements, such as the Highway 10 design theme easement and -- . - :. : : . . ---- - ... - . : :- . . . : .'. - .. .to documents. The City Attorney will draft these documents and have them available prior to City Council action on this request. The other issue addressed with the platting of land is the park dedication requirement. According to Section 1204.02 of the City Code, all subdividers of land are required to dedicate to the City for public purposes a portion of land, or, at the City's sole discretion, cash in an amount equal to ten percent of the land's fair market value. It has been and continues to be the City's policy of requiring a cash dedication in lieu of land. According to Ramsey County assessment records, the land has a value of$1,032,500 and thus the dedication amount applicable for this project would be $103,250. This amount will need to be paid to the City prior to the City Administrator and the Mayor signing off on the Final Plat. Anthony Major Subdivision • Planning Case 541-98 December 2, 1998 Page 3 Ramsey County Review: The Ramsey County surveyors office is reviewing the preliminary plat. While the County has not yet given its approval or authorization for Mylar copies to be made of the plat, because there are no known discrepancies to cause a delay, it is expected that approval will occur in the near future. The Planning Commission can condition its recommendation of approval on approval of Ramsey County, without which the City approval would be null and void. City Attorney: The City Attorney has reviewed the plat and will require that a Plat Opinion be performed so as to ensure all easements of record are shown on the plat and that all persons or entities having an interest in the property are represented in the signature block. While the City Attorney does not foresee any issues related to this opinion, its completion gives the City an assurance that the plat has been properly drafted. This opinion will need to be completed prior to the City Council taking action on the plat request. City Engineer: The City Engineer has reviewed the plat and has found it to be in compliance with the Mounds View subdivision requirements and the approved planned unit development documents and plans. All required utility easements have been shown. Director of Public Works: Mike Ulrich, Director of Public Works, has reviewed the plat and finds • that it conforms to the preliminary plat and to the City's platting requirements. Rice Creek Watershed District: The Rice Creek Watershed District has already approved the general stormwater permit for the theater project, yet a copy of the plat was sent to the watershed district for their review and comment. No comments as of yet have been received. Recommendation: There being no unresolved issues associated with this preliminary plat, other than the easement documents which have yet to be drafted and the plat opinion, which will be completed prior to the Council taking action on this item, staff finds there to be no reason for this preliminary plat to not be approved. Given that, staff recommends approval of Planning Commission Resolution No. 564- 98, a resolution recommending to the City Council approval of the preliminary plat for the Anthony Properties Addition, with stipulations. James Ericson, Planning Associate N:'DATA\GROUPS\COMDEV\DEVCASES\541-98\THEATERPC 1 • tr_1 il111© ' E? COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT APPLICA'flik �'"' 2401 Highway 10, Mounds View MN 5511. • nR`"1f-PartnertiQ.' 612-717-4020 612-784-3462 -FAX Please Type or Print Information-Complete Both Sides of This Form Applicant Information Name of Applicant Ali N i-1-Q rt1 =( P,2. p y2 rt e Telephone 9 i - 1'?/ • 47/Lik-L- Address ].n 7 7 o e 0 1:1, Fax ' 7 Z - /'2/ -"4Y2.,/ t. .,i-e it10 O'A'CL A -5 T4 7 sacl Interest in Property(check appropriate box) qQOwner of Property ❑ Contract for Deed Owner Lessee,Operator,Manager a Agreement to Purchase Q Other(explain) Applicants must provide evidence of interest in property at the time of application,and if you are not the owner of the property,you must provide a letter of permission from the owner giving consent to the filing of this application. The property owner must sign this application for it to be accepted. Property Description/Proposal Address or General Location Ill Legal Description 5,3'. G A-TTC 144:::-- Property L7)Property Identification#(PIN#) #of Acres Current Zoning 7 Ll O Type of Application Q Comprehensive Plan Amendment $250 Rezoning $250/acre; min$250 max$1500 Major Subdivision $250÷$250 deposit* Q Minor Subdivision $L00 o Planned Unit Development(PUD) Refer to rezoning fees a PUD Amendment $350 a Conditional Use Permit R-1, R-2 S75;all others$250 a Variance R-1, R-2$100 all others$250 a Code Appeal $100 0 Develop Review/Site Plan 5125/acre;min$125 max$750 0 Wetland Alteration Permit R-1,R-2$150;all others$200 a Wetland Buffer Permit R-1,R-2$25;all others$100 1 a Floodplain Permit $200 0 Other *Deposits shall be paid to cover ail costs of public notices.materials and staff or consultant time spent in the review, • research or preparation of materials associated with this application. The applicant shall be responsible for all reasonable incurred costs in excess of the initial deposit amount. Any portion of the deposit not spent or encumbered shall be refunded to the applicant within thirty(30)days atter consideration of the application is completed. Please complete the reverse side of this application. City of Mounds View, MN Development Application Page 2 Present Use of Property • ❑ Undeveloped/Vacant a Single Family Dwelling ❑ Duplex/Two Family Dwelling • ❑ Multi-family Dwelling Business/Commercial Establishment ❑ Industrial Establishment ❑ Other(explain) Property Classification ❑ Abstract ❑ Torrens • Description of Proposal TM P-.TO 2 5u 6 c1‘U 1 c /n vJ BY MY(OUR)SIGNATURE ON THIS APPLICATION,I HEREBY DECLARE THAT,TO THE BEST OF MY KNOWLEDGE,THE INFORMATION PROVIDED IS TRUE AND ACCURATE, Signature of Applicant Up-PAA 431)` /(1/1A-Sek t/7 Name of Applicant(, ped/ rioted) • Signature of Property Owner Name of Property Owner(typed/printed) Address of Owner Phone Number of Owner FOR OFFICE USE ONLY Date of Submittal *..i,>�r,rn-zzv i igi9`d Date of Acceptance No veor.. - (2., Assigned to: ,r.. E.2w'e-\-- Planning Case No. S 1(—q g 60-day Limit 1 - to-IQ 120-day limit 3—((- Fees (-Fees Paid: Account# Check 4 Receipt# Application: Z co Park Dedication: Deposits: • Other. Total: ; t' N:'DATA\GROUPS\COMDEV\FOR.'vMS\DEVAPP.FOR 1;98 N N N N 2 '144/4 N N N 2551 C� /b95 N { N N N i N ! N ' N NN+ to 2549 Z ? 8-1 766( -. -. f `r 2547 7687 R- �� R-4 `�-3 176-IP 7643!7658 2545 �>t1: 8-4 2541 766 ,a 7641(7656 7ta 1 - . 2539 768 ' 4,1 763917644 7 2537 7635 y, . •• p 651 ,." ii? 7655 Q 7636i 7630 --�� (7: 7645tail . °° 762517628 7641`� "itopian i • 0 761i 7610R^4g• , 1 +1 + •r I M c• w 7595( 75941 7631 8-2 4 ti •/ ,aI rir. I r•-• thik.., 7581,7580 7531 C4 d o R—2 0 :— 756517564 8-3 N "�' 7321 Xt cj` fl, N N N •,,- 75511755C 7535!7534 w w 7511 j y N N 75211 7520 g • O<o r �� 0,1/ j + Ty P 7505 7504 7501 f N N1 .O. fl Io i.e) %f R-4 CITY HALL g to CNI r ry'` 5394 N N I cvi N R-4 44-1t.../ }� 'Y- , 1 8-3.:;•:::I.:.::.:.1...1:I.::.::.:-1::.:-:::.:•:::-. 0. _ = -. 0 N N N IPUO ,s yCO 1 LAND CU(JR 1 �v • 0oo r- `s�\Q N N • r, s129j 7G R-4 G ' , rya00 N ,. 8-3 R-2 'o t 0 ��^ CO i N t -,o N 8 ton 1 /� r2 i i;j1 �n 1. on 1 5279 n �,o to I In,In , .r N i t csi N 1 N N'N I N j N N ` N. n i M! c I c t 5260 5262 1 5273 1 } I i j 5297 "3 F' ,n i i i o to 5256!261' 5238 i Sr-26 I !I ' 1 I i 5287 B-3 '� i `y�A N i N I N i N N t 5261 i II t a— AVE a 52501 5255 5250; 5260 i 1 1 i 5277 , 5255 CI too 1 poi c++ m O 524 52491 52441--- i f i ; II 52921 5309 5284 R—. N i N{ N I N 3 CC s) i —^ 5249 rx to !\i .-! tot tr t M 4 to i n nt to• t0 tni �,"ecM N " •, N i .- lv '• r o W Q w 5243 ,52384 524.1 A+ c gi i A-I g I 1 ♦ N 5290!5299 t v tp 1 to 1 ,q I to w 524 NI N! Cl;NI N1 NI N� N NINI NI N 528015289 52804N AVE 0 5237 5232 CLEA RVIEW AVE ---,--- tntin, + +n o I 5231 m 522801 o^i I 0 i .r! win;u:• 5270 5279 5270f--`- + i - 1 } o 5214 5231 a v t i : V j v I+ 5285 1 to I ro, tp j to f P F 52 5) 5u, N N j N i N N,N t N 52601 5269, 52 --� i I c 4 I N 4 N i N I r __� 5225 to i o)i M:u� t`i a► -t I.; M i a) ' u1 a Ps; ar, t� 1 e; 0 5259 ) i —; J o I o I o, tot tot to r o, to to f i M t MIN 52501 5259 52501 r : to; '131 °1' 1 ,o ; 0 I to: to to I 5219 52141 v t ..i t.r, ♦, .r+ w 1 r -p 1 1 N+ NN N' NI N I Ni Ni N 5219 Ni NI Ni Ni Ni N1 NIN 52401 52491! 524015249 RIDGE LANE 52304 6714 tp• Nim t rd O! N• •r t O I I N IN! ''c": _, nE __._I 121 0',n; P103, p,N :t01 523015239 Zoning Map Planning Case 541-98 Applicant: AP Mounds View Limited Partnership N III Location: 2430 Highway 10 NN��ri Minnesota Department of Transportation ;lg Metropolitan Division OF'�~ Waters Edge • 1500 West County Road 82 Roseville, MN 55113 November 9, 1998 Rick Jopke City of Mounds View 2401 Highway 10 Mounds View, MN 55112 Dear Rick Jopke: SUBJECT: Carmike Site Plan Review S98-091B Southwest Quadrant of Trunk Highway(TH) 10 and Long Lake Road Mounds View, Ramsey County C.S. 6204 The Minnesota Department of Transportation (Mn/DOT) has reviewed the Carmike site plan. We find the plan acceptable for further development with consideration of the following comments. IP • We require the City of Mounds View apply for an access permit for the p TH 10 and Edgewood Drive intersection. However,we will issue a temporary access permit at this location prior to intersection construction. Please contact Keith Van Wagner of our Permits Section at 582-1443 for additional details regarding the access permit and temporary access permit. • As previously stated in our letters of May 11, 1998 and June 22, 1998, we will not allow the proposed right-in/right-out access to TH 10 without an agreement from Donatelli's. In addition, the existing access to Donatelli's must be removed and the proposed access will serve both properties. Before granting this access Mn/DOT must review this signed agreement between the property owners. Please contact me at 582-1654 with any questions regarding this review. Sincerely, Scott Peters Senior Transportation Planner/Local Government Liaison c: Dan Soler, Ramsey County Traffic Engineer • Brian Mundstock, Sunde Engineering, Inc. An equal opportunity employer Notice of Public Hearing* CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA NOTICE IS HEREBY GIVEN that a public hearing will be held by the City Council on Monday, December 14, 1998, at 7:10 p.m. at Mounds View City Hall, 2401 Highway 10, Mounds View, Minnesota, 55112, to consider a major subdivision request by AP Mounds View Limited Partnership to subdivide the 24.9-acre parcel located north of County Road H2, east of Long Lake Road, and southwest of Highway 10, into seven lots, in accordance with their approved Planned Unit Development. The property is legally known as: All that part of the Southwest Quarter of the Northwest Quarter of Section 8, Township 30, Range 23, lying southwesterly of State Trunk Highway 10-62, according to the United States Goivemment Survey thereof and situate in Ramsey County, Minnesota; • and All that part of the Northwest Quarter of the Northwest Quarter of Section 8, Township 30, Range 23, lying southwesterly of State Trunk Highway 10-62, according to the United States Goivemment Survey thereof and situate in Ramsey County, Minnesota; Anyone desiring to be heard with reference to this matter may be heard at this meeting. If you are unable to attend this meeting but wish to comment, you may submit a letter to James Ericson, 2401 Highway 10, Mounds View, MN 55112. The letter will be forwarded to the City Council. A copy of the proposed preliminary plat is available for review at City Hall. If you have any questions regarding this meeting, please contact me at 717-4022. James Ericson Planning Associate This notice is mailed to property owners within 350 feet of subject property. This notice published in the Bulletin Newspaper December 2, 1998. 410 • MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 564-98 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF THE ANTHONY PROPERTIES ADDITION PRELIMINARY PLAT; PLANNING CASE 541-98 WHEREAS, AP Mounds View Limited Partnership, represented by Wendell Smith, has requested approval of a preliminary plat for the property legally known as: All that part of the Southwest Quarter of the Northwest Quarter of Section 8, Township 30, Range 23, lying southwesterly of State Trunk Highway 10-62, according to the United States Government Survey thereof and situate in Ramsey County, Minnesota; and All that part of the Northwest Quarter of the Northwest Quarter of Section 8, Township 30, Range 23, lying southwesterly of State Trunk Highway 10-62, according to the United States Government Survey thereof and situate in Ramsey County, Minnesota; • WHEREAS, a preliminary plat date-stamped 11/23/98 titled "Anthony Properties Addition" has been submitted by the applicant; and, WHEREAS, the Mounds View Planning Commission has reviewed the applicant's request for a subdivision of the 25-acre parcel bounded by Highway 10, County Road H2 and Long Lake Road into seven lots associated with the approved planned unit development and finds that it is in conformance with all applicable sections of the Mounds View Municipal Code; and, WHEREAS, the City Engineer has reviewed the preliminary plat and has found it to be in conformance with City subdivision regulations and consistent with the approved PUD plans; and, WHEREAS, The Rice Creek Watershed District has approved a drainage permit for the development and has been sent the preliminary plat for review; and, WHEREAS, Ramsey County has been provided copies of the preliminary plat and will review the plat, forwarding any comments or requested changes to the City and the applicant; and, WHEREAS, the Minnesota Department of Transportation has been sent a copy of the preliminary plat for its review and comment; and, WHEREAS, the City Attorney has reviewed the preliminary plat and is performing a"plat • Opinion" to ensure all easements are represented and all persons or entities having an interest in the property are represented in the signature block; and, Planning Commission Resolution No. 564-98 Anthony Properties Addition Preliminary Plat December 2, 1998 • Page2 WHEREAS, the Director of Public Works has reviewed the preliminary plat and finds it to represent all required utility easement areas. NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission recommends approval of the preliminary plat requested by AP Mounds View Limited Partnership, contingent upon the following: 1. The applicant shall execute and arrange to have recorded with Ramsey County the following easement documents, approved as to form by the City Attorney, prior to the Mayor and City Administrator signing off on the plat: a. A cross-access and parking easement document which allows use of the access points, drive aisles and parking by the theater complex and the office buildings b. An access easement which allows Donatelles patrons the use of the Theater property's access points and drive aisles. c. An easement area over the northeastern most 19 feet running parallel with Highway 10, which allows for the implementation of the Highway 10 design theme improvements, such as landscaping, lighting and sidewalks. • 2. The applicant shall apply for final plat approval with the City no later than six(6) months after the date of approval of the preliminary plat; otherwise, the preliminary plat and final plat will be void unless an extension is granted by the City Council. 3. Before this plat is approved by the City, the applicant shall have paid a park dedication fee in the amount of$103,250 as required in Section 1204.02 of the Municipal Code, based upon Ramsey County assessment records. • , • • • - • - • - -- -- • A - Adopted this 2nd day of December, 1998. Jerry Peterson, Chairperson ATTEST: Rick Jopke, Community Development Director (SEAL) • N:\DATA\GROUPS\C OMDE V\DEVCASES\541-98\564-98.RES PLANNING COMMISSION MEMO civv,_ view To: Mounds View Planning Commission From: James Ericson, Planning Associate Subject: Donatelles Variance Request Planning Case No.538-98 Date: Meeting of December 2, 1998 Discussion: Staff is providing the Planning Commission with a copy of Resolution 561-98, a resolution approving of a variance for a reduced front yard setback for a parking lot in a commercial district. At the Commission's last meeting on November 18, 1998, the merits of this variance and the • criteria for granting variances were discussed. The public hearing for this request, however, was continued to the December 2, 1998 meeting to ensure that all affected residents had an opportunity to address the Commission prior to it taking action. Assuming that no additional information or concerns are brought to the Commission's attention via the public hearing, staff believes there to be sufficient hardship to justify the granting of this variance request. Recommendation: Staff recommends approval of Planning Commission Resolution 561-98, a resolution approving a reduced front yard parking lot setback for Donatelles Supper Club. James Ericson Planning Associate N:\DATA\GROUPS\C OMDE V\DE VCASES\538-98\REPORT3.PC • 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 • 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:\DATA\GROUPS\COMDE V\DEVCASES\538-98\561-98A.RES • Planning Commission Resolution 561-98 Donatelles Variance 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. J • PROCEEDINGS OF THE MOUNDS VIEW PLANNING COMMISSION CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Special Meeting November 18, 1998 Mounds View City Hall 2401 Highway 10, Mounds Vis;'. MN 55112 1. Call to Order '.-7:,...;',„. " ' .,,,,,:,4,..1Viz:. The §';4 r�sl3�§3?%,i $ meeting was called to `` ��' order b ... 18, 1998. y Vice-Chairp-N; n Steve at rAtf , N Roll Cal! Members Pres nt Vice-Chairperson Stevenso '` ' p.m.), Johnson, Miller, and Obert (arrived 7:0:; ., .) '411". of rasaemle (arrived 7:08 mir Members Ah�P � nt Chairperson Peter ffxt 3 <. FB Also Pre ent: Communit = Community Devel 0 ment Dir tor , '>` Ericson, and Recorder Dave . r' r e� Planning Associate Jim vrn Or �pAb„sent: ,'Council Li. ' '* Koop e� ers �, Index Z''';'11,' � ;, ' '4,::':'>4'x :rA :. totem; .. Planning Case' :.8 -:40.11:14%.~. `v Page Pub t' 1 .w' t a No. 561-98, ,ex `_ = nd Consideration A R ..&,�3< �• of Resolution rovin''2 "�' Allow a Five-Foot1 Lot Setback; 'Doriat 's - 14fr Club Parking 3. ,,,.it Citizens' Requests and Comments on Items�.: Not on the S.Ay �: Agenda There .:*:::-4„,,.. wereanaitizens' requests or comments on items Not on the "" `e' Agenda. 4. '"4:1.:.i?,*.a . Planning Case No. 538-98 Property Involved: 2400 Highway 10 I Public Hearing and Consideration of Resolution 561-98, A Resolution Ap rovin Allow a Five-Foot Parking Lot Setback. p g a Variance to Applicant: Donatelle's Supper Club Mounds View Planning Commission November 18, 1998 Special Meeting Page 4 ,• Ericson gave his report as follows: Staff has been making good progress in resolving the outstanding Code enforcement cases that are on the City's books. Miller noted the majority of these cases are auto parking related. Ericson said the housing related issues are taken care of leyM Citysing n Inspector Steve Dorgan. Brasaemle commended Ericson for hist:`" orts<:'o send "thank you notes" to the people that do bring their properti 7 ick to:; fig,y„ a once they are "noticed" by the City. >f :x 6. Chairperson and Planning Commissioners' Re$:i its mss:., .r' <.. \v'. No reports were considered. xnustrIgm 7. Adjournment to Agenda Meeting : ; eowThere being no further business before the:Pl ,Commissib ..be-Chairperson Stevenson adjourned the meetingat 8: � '- J ��� pus:. _ (The Agenda Session was held immediately:;:o lows `_`'•• : ournment of the Special Session.) . , ,e , Respectfully submitted, ' m : 115111r. Aniiiiegia*.4: Rick Jopke .4;:x4;:;;:, 4 r= :s::,, Communityvictor - ' N:\DA TJSERS\BARBB\SHA ` ,. WPDOCS\COMMDEV\PLANNING\M MUTES\11-18-98.SPL z Y ,.� .41004, k017 itilW.0a :Y... 3n : Notre of Public Hearing CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA NOTICE IS HEREBY GIVEN that a public hearing will be held by the Planning Commission on Wednesday, December 16, 1998, at 7:00 p.m. at Mounds View City Hall, 2401 Highway 10, Mounds View, Minnesota, 55112, to consider amending Chapter 1121 of the City Code regarding curb cuts on corner lots in single-family residential districts. The specific question being considered is, whether or not the City Code should be amended to allow multiple curb cuts on corner lots without a variance. As the Code is currently written, only one curb cut (driveway) is allowed, unless the property owner requests, and is granted, a variance. • Anyone desiring to be heard with reference to this matter may be heard at this meeting. If you are unable to attend this meeting but wish to comment, you may submit a letter to James Ericson, 2401 Highway 10, Mounds View, MN 55112. The letter will be forwardedto the Planning Commission and City Council. A copy of the current City Code is available for review at City Hall. If you have any questions regarding this meeting, please contact me at 717-4022. James Ericson Planning A_sociate This notice published in the Bulletin Newspaper December 2, 1998. N:\DATA\GROUPS\COMDEV\SPECPROJ\NOTICE.PH