Loading...
HomeMy WebLinkAbout10-05-2016-APPROVED- PROCEEDINGS OF THE MOUNDS VIEW PLANNING COMMISSION CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting October 5, 2016 Mounds View City Hall 2401 County Road 10, Mounds View, MN 55112 ______________________________________________________________________________ 1. Call to Order The meeting was called to order by Chair Stevenson at 7:00 p.m. for October 5, 2016. ______________________________________________________________________________ 2. Roll Call Members Present: Commissioners French, Klander, Klebsch, Love, Rundle, Schiltgen, and Stevenson. Absent and Excused: None. Also Present: Planner Jon Sevald and Council Member Gary Meehlhause. ______________________________________________________________________________ Index to Minutes Page VR2016-04 Variance Request for a 30’ Front Yard Setback 1 Approval of Minutes 6 _____________________________________________________________________________ 3. Special Order of Business None. 4. Citizens Requests and Comments on Items Not on the Agenda None. ______________________________________________________________________________ 5. Planning Cases Mounds View Planning Commission October 5, 2016 Regular Meeting Page 2 A. (Continued) Consider Resolution 1055-16, a Resolution approving/denying a Variance for a 30’ front yard setback at 7790 Eastwood Road; Planning Case VR2016-04 Planner Sevald stated the applicant (Value Homes, LLC) is requesting a Variance to reduce the front yard setback from 54’ to 30’ to construct a single-family home at 7790 Eastwood Road. The minimum front yard setback in the R-1 district is 30’ unless homes on the same side of the street have a greater setback (54’ in this case). The request is due to the hardship of a private drainage easement reducing the developable area of the lot. The Planning Commission conducted a Public Hearing on September 7, 2016, and continued the Hearing to September 21, 2016, taking no action. Planner Sevald explained the property at 7800 Eastwood Road was subdivided into two lots in March, 2016. The north lot includes an existing home, and the south lot is the subject property (7790 Eastwood Road). After the subdivision was approved, the developer conducted a Title Search, which revealed two private easements: (1) a 10’ wide sidewalk easement in the SE corner of the lot; and (2) a 30’ wide surface drainage & storm water easement along the south property line. Planner Sevald indicated the two easements are for the adjacent property, Silver Lake Commons apartments. As part of Silver Lake Common’s Development Review in 1997, the City required the apartment owner to obtain a drainage easement from 7800 Eastwood Road. At that time, there was concern that expansion of the apartments would negatively affect the natural drainage flow from properties north of the apartments (1940 aerial photo suggests a drainage ditch flowed through these properties). An easement was obtained, but a storm water retention pond was never constructed within the easement, nor was a sidewalk. Planner Sevald reported prior to the Title Search, neither the developer nor the current property owner (Value Homes) knew about the easements. For a Minor Subdivision, a Title Search is not required prior to plat approval, but prior to recording the plat at Ramsey County (City Code, Section 1202.01, Subd 2(b). Due to the private drainage easement and the 54’ front yard building setback requirement, the developable area of the lot is significantly reduced. Staff recommends approval of the Variance contingent upon complying with the conditions in Resolution 1055-16. It is Staff’s opinion that the Variance request is reasonable considering that the location of the private drainage easement greatly reduces the developable area of the lot. Planner Sevald reviewed the seven criteria to be considered in granting a variance, stating that the Public Hearing has been opened and closed, and that it is up to the Chair if to accept comments from the public. Chair Stevenson stated that there are several questions with this case, and stated that he saw no reason to hold another Public Hearing given the fact there were no neighbors in attendance. Chair Stevenson recalled the concerns of the neighbors as discussed at the previous meetings and reviewed the shape of the subject lot noting the easements on site. He requested staff review the Mounds View Planning Commission October 5, 2016 Regular Meeting Page 3 developable area of the lot. Planner Sevald outlined the developable area on the survey, and reviewed it with the Planning Commission. Chair Stevenson expressed concern with losing the trees as a buffer to County Road 10, and the current 54’ front yard setback, stating that the builder had indicated that no matter what, he could still build. Planner Sevald stated that the current lot is developable, but that the size of a house would be reduced. Chair Stevenson stated that the applicant explained previously how a home could be built within the reduced setback area, and expressed concern that this would be a rental unit, and was concerned that the treed buffer area would go away. He reviewed the size of the proposed home. Commissioner Love asked if the proposed home would be two levels. Erik Ollestad, Value Homes, LLC, discussed the home he was proposing to build on the property at 7790 Eastwood Road. He commented on the trees that would be lost. Mr. Ollestad questioned Commissioner Klebsch what was the goal of being against the variance. Chair Stevenson asked what is the footprint of the proposed home. Mr. Ollestad referenced Commissioner Klebsch’s previously stated concern that the variance does not alter the essential character of the neighborhood. Mr. Ollestad displayed a photograph of a home in Blaine, similar to the one proposed to be built, stating that the house would be in- line with the 54’ setback, but the attached garage would stick out in front of neighboring homes. Mr. Ollestad then displayed photos of the interior of the home. Mr. Ollestad displayed drawings of an alternative home plan that could fit on the lot without a variance, and described its appearance as not being in sync with the neighborhood. Mr. Ollestad stated that the proposed home if granted a variance, did go with the characteristics of the neighborhood. He stated something is going to be built, and preferred to build the propose home. Commissioner Schiltgen questioned if the private easement has been discussed between the property owner and the adjacent property. Mr. Ollestad reviewed conversations between himself and City Staff regarding reducing or revoking the easement. Commissioner Schiltgen questioned if the adjacent owners had discussed a price. Mr. Ollestad responded, no, and that it was difficult to communicate with the owners. Mr. Ollestad did not anticipate this issue would be resolved with the adjacent property owner. Chair Stevenson commented about the amount of trees in the easement area, and that the trees would serve as a buffer between the house and the apartments. Mounds View Planning Commission October 5, 2016 Regular Meeting Page 4 Commissioner Klebsch stated her concerns were still the same and had not been addressed. She appreciated a buffer of trees would remain in place, but did not understand why there was only two ways to build on this lot. She believed there were more options for the site. For this reason, she would not support the variance request. Mr. Ollestad offered to sell the lot to Commissioner Klebsch. Commissioner Klebsch stated that was an inappropriate comment. Commissioner Schiltgen stated his agreement that it was inappropriate. Mr. Ollestad expressed the difficulty with building on this lot, and his frustration with the way the Planning Commission had managed his request and was disappointed with the fact that he has had to come back to three meetings in order for the Commission to make a decision on his request. Chair Stevenson stated that the Commission has to look at what they want for this City, and asked if there was a motion. MOTION/SECOND: Commissioner Schiltgen/Commissioner Rundle. To approve Resolution 1055-16, a Resolution Approving of a Variance to Allow a 30-Foot Front Yard Setback for a New Home at 7790 Eastwood Road; Planning Case No. VR2016-04. Commissioner Klander asked why the developer was not aware of the easement on the site. Planner Sevald described the differences between a major and minor subdivision and explained the developer was not required to complete a title search prior to plat approval, but prior to the plat being recorded. Commissioner Klander questioned when the drainage easement was put in place. Planner Sevald reported this took place in 1997. Commissioner Klander noted this was a private easement between two property owners, and asked if the City had any role. Planner Sevald affirmed that this is a private easement between two property owners. Commissioner Love believed it was unfortunate the developer did not find out about the easement until after purchasing the property. Chair Stevenson restated the motion. Ayes – 4 Nays – 3 (French, Klebsch, Love) Motion failed. Planner Sevald stated that five votes are needed to approve a variance, and reviewed the process if the applicant chose to appeal the Planning Commission’s action. The Commission discussed the process further. Planner Sevald quoted a State Statute regarding when a motion for approval of a resolution fails, and requested comments, for the record, from those that opposed the Variance as Findings for Denial of the variance. Mounds View Planning Commission October 5, 2016 Regular Meeting Page 5 Chair Stevenson requested that those Commissioners who voted against the motion, state their reasons. Commissioner Love believed the Variance did not meet Item E stating that the variance would alter the essential character of the neighborhood. Commissioner Klebsch added that Item F was not being met. Commissioner French believed that a smaller home would fit on the site and found no hardship with the property. _____________________________________________________________________________ 6. Other Planning Activity None. ______________________________________________________________________________ 7. Reports A. Upcoming Planning Cases & Activity Planner Sevald discussed upcoming planning cases. B. Staff Updates Planner Sevald provided the Commission with a handout on Roberts Rules of Order and affordable housing requirements. Commissioner Klebsch thanked staff for the information. She appreciated how staff provided information on affordable housing on a regional level. C. Council Updates Council Member Meehlhause provided the Planning Commission with an update from the City Council. He commented on the City’s water quality and its treatment plants. He discussed the recent meeting held by the Charter Commission and noted the Council has been working on the 2017 budget and tax levy. He explained the Council approved an EDA and HRA tax levy for 2017. He was pleased to report the City would be receiving two sound walls in conjunction with the I-35W MnPASS project. He discussed the recent candidate forum. Council Member Meehlhause encouraged everyone to visit the Festival in the Park Craft Fair at the Community Center on Sunday, October 9th. He invited the public to attend the Mounds View Lion’s Annual Spaghetti Dinner at the VFW in Spring Lake Park on Thursday, October 13th from 4:30 p.m. to 7:00 p.m. He indicated the Mounds View Lions would be holding a Waffle Mounds View Planning Commission October 5, 2016 Regular Meeting Page 6 Breakfast on Saturday, October 29th at the Community Center from 8:30 to 11:30 a.m. and invited families to stick around to attend the Fall Family Festival. D. Planning Commissioner Reports None. 8. Approval of Minutes September 21, 2016. Commissioner Klander requested the applicant’s last name be spelled corrected. MOTION/SECOND: Commissioner Rundle/Commissioner Klebsch. To approve the Minutes of the September 21, 2016 regular Planning Commission meetings as amended. Ayes – 7 Nays – 0 Motion carried. 9. Next Planning Commission Meeting: A. Wednesday, October 19, 2016 B. Wednesday, November 2, 2016 ______________________________________________________________________________ 10. Adjournment There being no further business before the Planning Commission, Chair Stevenson adjourned the meeting at 7:56 p.m. ______________________________________________________________________________ Respectfully submitted, Jon Sevald Planner Transcribed by: Heidi Guenther TimeSaver Off Site Secretarial, Inc.