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HomeMy WebLinkAbout12-07-2011PROCEEDINGS OF THE MOUNDS VIEW PLANNING COMMISSION CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting December 7, 2011 Mounds View City Hall 2401 Highway 10, Mounds View, MN 55112 1. Call to Order The meeting was called to order by Chair Stevenson at 7:00 p.m. for December 7, 2011. 2. Roll Call Members Present: Commissioners Cramblit, Meeblhause, Miller, Rundle, Schiltgen, Stevenson and Smith. Absent and Excused: None. Also Present: Planning Associate Heidi Heller. Index to Minutes Page Approval of Minutes I VR2011-008. Consideration of a Variance to Allow a Detached 2 Accessory Building to Exceed the Maximum Height Limit MI2011-002. Consideration of a Minor Subdivision 5 Set 2012 Planning Commission Meeting Schedule 6 Review 2012 Planning Commissioner Applications 7 3. Approval of Minutes November 2, 2011. MOTION/SECOND: Commissioner Cramblit/Commissioner Smith. To approve the Minutes of the November 2, 2011 regular Planning Commission meeting as presented. Ayes — 7 Nays — 0 Motion carried. Mounds View Planning Commission Regular Meeting December 7, 2011 Page 2 4. Citizens Requests and Comments on Items Not on the Agenda None. 5. Planning Cases A. VR2011-008 Consideration of a Variance to Allow a Detached Accessory Building to Exceed the Maximum Height Limit at 8027 Woodlawn Drive for Tim Downing Planning Associate Heller explained the Commission was to consider a variance request to allow a detached accessory building (garage) to exceed the maximum height limit at 8027 Woodlawn Drive. This was an after the fact variance as the garage has been constructed. Associate Heller explained the applicant applied for a building permit in 2007 for a single story garage. City staff approved the plans and the permit was issued in October 2007. However, the garage was not built right away and several time extensions were given for the building permit. In November 2009, the zoning code was changed to limit the height of accessory buildings to 18 feet. Work on the garage finally started in August 2010 and it was mostly completed by mid - 2011. Other than a footing inspection on August 31, 2010, no other building inspections had been requested by the applicant. City Staff was not aware the garage had been built until it was almost done. The garage that was built is two -stories tall and does not meet the previously approved plans or the current zoning code. Associate Heller stated the garage was being used for storage and the size of the garage is not necessarily out of place on the larger lot. She presented the Commission with several photographs of the garage and discussed City zoning code regulations. The current City Code states that garages are not to exceed 18 feet and the garage is 22 feet 10 inches tall. The Commission would need to review the variance request through the City's new variance language and discuss if there is a practical difficulty. She reviewed several conditions if the Commission were to approve the variance. Chair Stevenson opened the public hearing at 7:18 p.m.. Commissioner Cramblit asked why windows were placed on three sides of the garage, if it was only being used for storage. Tim Downing, 8027 Woodlawn Drive, indicated he is a contractor, and had several leftover windows and decided to use them on the building. Commissioner Cramblit questioned the need for the second story garage door. Mr. Downing stated this made it easier to bring items in to the second floor for storage. Mounds View Planning Commission Regular Meeting December 7, 2011 Page 3 Commissioner Cramblit inquired how the original existing detached garage would be used now Mr. Downing explained it was his intent to demolish this building and build an attached garage in the future. Commissioner Miller asked when the project would be completed. Mr. Downing noted he did not currently have a timeline. Commissioner Cramblit questioned if the homeowner was aware of the City's new zoning code prior to constructing the garage. Mr. Downing noted he was somewhat aware there was a change and spoke with the City about a Cambria roof. He explained the original garage was exactly the same minus the dormers and with a 10/12 pitch. He built the garage with a 12 pitch roof to allow for additional head room. He stated he spoke with the building inspector about the roof height and a comment was made that the height "would not be measured" by staff. For this reason, he went ahead with the 12 pitch roof and ordered the different trusses in August 2010. Commissioner Schiltgen indicated the garage constructed was a long way off from the original plans approved for the building permit. Chair Stevenson stated the City Code in place at the time of actual construction limits accessory structures to be no higher than 18 feet. He questioned how the City dealt with new construction using "green" or "used" building materials. Associate Heller stated this area of the international building code was changing with the push towards green building. The building official typically allows "used" building materials as long as they are in good condition and the original structural integrity is still in place. She noted the building official would have more information on this issue. Chair Stevenson commented City staff approved a building permit for a design that was then not followed by the homeowner. He questioned if the plans would have been approved if resubmitted. Associate Heller stated the revised plans would not have been approved by staff as the height exceeds City Code. Chair Stevenson expressed concern with this case and stated he would not have been in favor of approving this variance request if submitted prior to construction. He did not see the property as being unusual and therefore, the construction of a garage this tall would not have been allowed. Chair Stevenson stated that he did not support the variance request before the Commission this evening. Doug Less, owner of 7984 Woodlawn Drive, explained he lived on Woodlawn Drive from July of 1987 to April of 2007. He planned to tear down the house and build a new home and large Mounds View Planning Commission Regular Meeting December 7, 2011 Page 4 garage. He turned in the original set of drawings to the City and the City did not accept the plans as the garage size exceeded 1,800 square feet. The plans were then revised to reduce the garage size to meet the City's standards. After submitting the second set of plans, he was told the home needed to be completed first before the accessory structure could be built. And tonight he learned the height requirements for garages have now changed. Mr. Less expressed frustration that this garage exceeded the height limitations and allowable square footage, and in addition, there was no driveway to the structure. He was upset with the mess created by the homeowner. He recommended that the second story be removed from this structure. Joanna Carlson, 8051 Woodlawn Drive, stated she did not object to the size of the garage as it allowed for necessary storage. However, if this variance were approved, it could steamroll into a problem in the future and set precedence. Christy Downing, 8027 Woodlawn Drive, understood the City should not make exceptions. She indicated her husband was working with building inspector Don on the garage, and perhaps he did not understand the issues that would be created by exceeding the height. Ms. Downing explained that her husband did not knowingly defy the City and its code. Jerry Espeseth, 8005 Woodlawn Drive, indicated the garage was well built, however Mr. Downing did not follow City Code. He stated his property value was down approximately 35% and the large garage structure was not helping. He requested additional screening be added if the Commission allowed for the variance. Mr. Downing commented there were three garages with larger footprints than his within 200 feet of his property. He stated the height allowed the building to block the Medtronic building. He felt the garage should be considered a story and a half and not a two story. He stated that several of his neighbors were not in compliance for issues on their property, but he was not bringing them before the City. Mr. Downing noted he had approval from Staff for a similar garage and requested the structure be allowed to remain. Chair Stevenson closed the public hearing at 7:42 p.m. Associate Heller reviewed the two versions of resolutions before the Commission this evening. Chair Stevenson reviewed the resolution in detail commenting he did not see this property as being unique. He indicated the property owner could have improved his property by adding an accessory structure that met the City's requirements. For that reason, he did not feel the Commission could approve this variance. Commissioner Cramblit agreed stating the garage should have followed the original plans submitted and approved by staff. Mounds View Planning Commission December 7, 2011 Regular Meeting Page 5 Commissioner Schiltgen noted the timeframe from the original building plans submission to the actual construction was really drawn out. Changes were made to the City Code during that time and better communication should have been done by the City. For this reason, the variance should be discussed further by the Commission. Chair Stevenson commented the Commission's decision could be appealed to the City Council. The Commission was being asked to review the practical difficulty and compliance with the Zoning Code. He indicated that when construction began in 2010, the height limit in the Zoning Code had already been changed, and the homeowner was not in compliance with the current Code. For that reason, he would not vote in favor of the variance. Commissioner Smith questioned if the Commission could approve this structure as a primary garage instead of a secondary. Chair Stevenson stated this wasn't something that could be done. Commissioner Meehlhause asked how many building inspections should have been completed on this garage by the City. Associate Heller stated there should have been at least a footing inspection, framing inspection and final inspection. Also, electrical, mechanical or plumbing inspections, if applicable. She noted there were typically only three to four inspections on a garage. She explained that the City only completed a footing inspection on this garage. The homeowner did not contact the City for any other inspections. Commissioner Cramblit indicated the 18 foot height restriction was created by the City to assure there would be no living space above a garage. With the size of the garage, its dormers and windows, the space could easily be converted to an apartment. Chair Stevenson questioned how the Commission would like to proceed with the variance. Commissioner Cramblit felt the Commission had enough information to take action on the variance this evening and the item did not need to be tabled. MOTION/SECOND: Commissioner Cramblit/Chair Stevenson. To Approve Resolution 955- 11, a Resolution Denying a Variance to Allow a Detached Accessory Building to Exceed the Maximum Height Limit; Planning Case No. VR2011-008. Commissioner Schiltgen was conflicted with the denial of the variance as the City could have communicated better with the homeowner. Chair Stevenson stated if the applicant had followed the original plans, he would not have needed a variance. However, he changed the plans and built the garage without coming back to the City for approval. Mounds View Planning Commission Regular Meeting December 7, 2011 Page 6 Commissioner Meehlhause noted the existing garage did not reflect the original plans and his main concern was the excessive height. Commissioner Smith asked if the homeowner had to follow the building codes from 2007 or 2010. Associate Heller stated the code existing in 2010 would have to be followed as this was the time construction began by the homeowner. Commissioner Miller noted the applicant could appeal the Planning Commission's decision to the Council. Ayes — 6 Nays —1 (Schiltgen) Motion carried. B. NMO11-002 Consideration of a Minor Subdivision at 2565 Sherwood Road for Bob & Mary Pearson Planning Associate Heller indicated the Commission was being asked to consider a minor subdivision of a vacant lot adjacent to 2565 Sherwood Road. Bob and Mary Pearson live at 2565 Sherwood Road and purchased the vacant property adjacent to the north about ten years ago. She reviewed the location of the subdivision stating their neighbor would like to purchase a portion of the vacant parcel to have a bigger backyard and build a garage. However, City Code does not allow a garage to be built on a parcel without a primary structure. If the neighbor were to combine the lots officially through Ramsey County, which would give them a single PIN number, then an accessory structure would be allowed. Associate Heller recommended that park dedication fees for this subdivision be captured only if a home were built on the site. Accessory buildings would have to be removed if the parcels were ever "disconnected" from each other. Chair Stevenson noted Parcel B was landlocked and could not be built on. Associate Heller stated Parcel A could be built on as it had access to existing road right-of-way to the west, and Parcel B could possibly be part of a larger redevelopment project, but park dedication fees would then be captured through the platting process. Commissioner Smith questioned what the park dedication fees would be. Associate Heller stated park dedication fees would be 5% of the County assessed value of the land. Commissioner Miller commented that at this point in time, neither lot had any plans for development. Chair Stevenson opened the public hearing at 8:02 p.m. Chair Stevenson closed the public hearing at 8:02 p.m. Mounds View Planning Commission Regular Meeting December 7, 2011 Page 7 MOTION/SECOND: Commissioner Meehlhause/Commissioner Rundle. To approve Resolution 954-11, a Resolution Recommending Approval of a Minor Subdivision of a vacant lot owned by Bob and Mary Pearson, adjacent to 2565 Sherwood Road; Planning Case No. MI2011-002. Ayes — 7 Nays — 0 Motion carried. 6. Other Planning Activity A. Set 2012 Planning Commission Meeting Schedule Planning Associate Heller requested the Commission establish its meeting schedule for 2012. The meeting schedule proposed for 2012 represents the usual first and third Wednesday of every month with the exception of July, which will need to be adjusted to account for Independence Day. She recommended the Commission have a tentative date held on July 3`d or 5d' and cancel the meeting if no cases were before the Commission. Chair Stevenson recommended the meeting be changed from July 3`d or 5`h to July loth. Commissioner Cramblit stated the meeting could be cancelled if there were no planning cases. Chair Stevenson noted a special meeting could be called if needed by the Commission. Associate Heller stated she did not see any problems with cancelling the July 0 meeting and rescheduling the meeting to July 10th MOTION/SECOND: Commissioner Cramblit/Commissioner Schiltgen. To approve Resolution 953-11, a Resolution Establishing the 2012 Meeting Schedule of the Planning Commission as discussed above. Ayes — 7 Nays — 0 Motion carried. B. Review 2012 Planning Commissioner Applications Planning Associate Heller informed the Commission that the term of three Planning Commission members — Gary Stevenson, Gary Meehlhause and Jean Miller - expire at the end of the year. The City advertised the vacancies, with applications due on November 10, 2011. Staff received applications from all three current Commissioners for another term. No other applications for the Planning Commission were received by the City. She requested the Commission review the applications and make a recommendation to the Council. Mounds View Planning Commission Regular Meeting December 7, 2011 Page 8 MOTION/SECOND: Commissioner Cramblit/Commissioner Rundle. To recommend the City Council reappoint Gary Stevenson, Gary Meehlhause and Jean Miller to the Planning Commission in 2012. Ayes — 7 Nays — 0 7. Next Planning Commission Meeting: A. December 21, 2011 B. January 4, 2012 8. Adjournment to Agenda Session Motion carried. There being no further business before the Planning Commission, Chair Stevenson adjourned the meeting at 8:36 p.m. (The meeting immediately adjourned to the Agenda Session) Respectfully submitted, OA'WA-"� Heidi Heller Planning Associate Transcribed by: Heidi Guenther TimeSaver Off Site Secretarial, Inc.