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HomeMy WebLinkAbout04-02-2008PROCEEDINGS OF THE MOUNDS VIEW PLANNING COMMISSION CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting April 2, 2008 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. April 2, 2008. 2. Roll Call Members Present: Chair Stevenson; Commissioners, Cramblit, Gumz, Lang, Miller, and Walsh-Kaczmarek Absent and Excused: Commissioner Meehlhause Also Present: Community Development Director Ericson and Planning Associate Heller Index to Minutes Page VR2008-001 Consideration of a Variance request for additional signage for Aldi, Inc. at Mounds View Square 2 IU2008-001 Consideration of an Interim Use Permit for a temporary tent at Moe's Restaurant 3 3. Approval of Minutes A. February 20, 2008 MOTION/SECOND: Commissioner Miller/Corn missioner Gumm to approve the minutes of the February 20, 2008 regular Planning Connnission meeting as slightly amended. Ayes — 6 Nays — 0 Motion carried. Mounds View Planning Commission April 2, 2008 Regular Meeting Page 2 4. Citizens Requests and Comments on Items Not on the Agenda None. 5. Planning Cases A. VR2008-001 Consideration of a Variance request for additional signage for Aldi, Inc. at Mounds View Square Planning Associate Heller reported that Aldi, Inc. is requesting a variance to allow for an increased amount of wall signage on their building located at Mounds View Square, 2537 County Highway 10. She explained the Aldi grocery store recently moved into one of the end spaces and installed signage above the entrance door that says simply "Aldi;" they would now like to add another small sign under the original sign that says "Food Market" in order to specify what kind of store it is. She stated that Aldi's current signs total 93.75 square feet and the two additional proposed signs, each measuring 18" tall and 6'3" wide, would add an additional 18.75 square feet of wall signage, which puts them 12.5 square feet over the amount allowed by the Sign Code. She noted that Paster Enterprises, the owners of Mounds View Square, are supportive of Aldi's request, and there have been other sign variances granted in the past, including C.G. Hill & Sons. Planning Associate Heller stated in order for a variance to be approved, the applicant needs to demonstrate a hardship or practical difficulty associated with the property, and the Code clearly states that a hardship exists when all of the seven criteria are met. She stated that staff has determined that all of the criteria appear to be satisfied which would allow for the granting of the variance. Planning Associate Heller stated that Aldi has two frontages with signage on both sides and the signage is important to their business. She stated that each wall is fairly large and it appears the sign will not overpower or look out of place. She added that special conditions do not result from the actions of the applicant and granting this variance would not confer on the applicant any special privilege. She stated that notices were sent to all property owners within 350 feet of 2537 County Highway 10 and staff received no comments to date. Chair Stevenson stated there is a precedent at this location where the City granted a variance to Mario's for signage on both sides of the building. Commissioner Miller requested clarification with respect to the third "Whereas" in the resolution and asked whether Aldi is requesting an additional 12.5 square feet of signage on each side. Planning Associate Heller replied that Aldi is requesting an additional 12.5 square feet in total and not on each side. Mounds View Planning Commission Regular Meeting April 2, 2008 Page 3 Chair Stevenson requested that the resolution be amended to state that Aldi is requesting a variance of "12.5" square feet over the 100 square foot amount allowed in the Sign Code. Planning Associate Heller stated she would clarify this provision in the resolution by stating that the variance is for an amount equal to 12.5 square feet over the 100 square feet allowed in the Code, for a total of 112.5 square feet of signage. Commissioner Miller expressed her support of the variance and stated if a person has not heard of Aldi, they would not know what it is. Chair Stevenson stated that he has seen several Aldi stores and they all appear to be using the "Food Market" signage. Chair Stevenson opened the public hearing at 7:16 p.m. There being no public input, Chair Stevenson closed the public hearing at 7:16 p.m. MOTION/SECOND: Commissioner Cramblit/Commissioner Walsh-Kaczmarekto approve Resolution 882-08, a Resolution Recommending Approval of a Variance for 12.5 Square Feet of Additional Exterior Building Signage at Mounds View Square, 2537 County Highway 10; Planning Case No. VR2008-001. Commissioner Miller asked about the amendment to the resolution requested earlier by Chair Stevenson. Planning Associate Heller stated she will clarify the entire resolution to state that the requested variance is for 12.5 square feet over the allowed amount of 100 square feet per business occupant, and that the request is for 18.75 square feet of total additional signage. Ayes — 6 Nays — 0 Motion carried. B. IU2008-001 Consideration of an Interim Use Permit for a Temporary Tent at Moe's Restaurant Planning Associate Heller reported that in late 2006, soon after Moe's opened its new restaurant at 2400 County Highway 10, they built a deck in order to provide outdoor seating. She stated in the spring of 2007, Moe's put a temporary tent on the deck in order to be able to have additional seating for the early spring holidays like St. Patrick's Day, Easter and Mother's Day, and with the tent they are able to use the deck longer than only for the short Minnesota summer season. She explained that temporary tents in commercial districts are allowed for up to seven days, and longer than one week requires an interim use permit. She stated an interim use permit allows a business to have a tent for up to 180 days per calendar year and Moe's may want to split the 180 days between the spring and fall each year. Mounds View Planning Commission April 2, 2008 Regular Meeting Page 4 Planning Associate Heller stated the process for reviewing an interim use permit for a temporary tent is the same as if it were a conditional use permit, i.e., a public hearing will be scheduled for the City Council meeting and notices sent to property owners within 350 feet of the subject parcel. Planning Associate Heller outlined each of the specific requirements of the approval process, including compliance with all provisions of the Fire Code and annual fire and tent permits issued by the Fire Marshal. She added the applicant will have to apply for these permits each time the tent is erected. Planning Associate Heller stated the other requirements of the approval process include adequate parking (since this temporary tent will always be on the deck, it will not be removing additional parking spaces); the tent will be subject to the same building setbacks as the principal building on the lot (the tent does not encroach into any required setback area); the tent shall be limited in size to 5,000 square feet or 10 percent of the principal building's square footage (the tent is 1,100 square feet which is approximately 10 percent of the restaurant floor area); the tent shall be constructed of a durable reinforced material to withstand wind and snow loads (the tent is not used during the heavy snow months); the structure shall be anchored to the ground (the tent structure is adequately anchored to the deck and an inspection by the building official is done each time the tent is set up); the tent shall be maintained in good condition (Moe's does not own the tent and rents it from a company that also does the setup and takedown); the interim use can be reviewed at any time by the City if problems arise which necessitate revision or termination of the interim use; and the interim use would become null and void if the property owner fails to comply with the provisions of the permit, if the structure is not used for more than a one year period, or if the property undergoes a change of ownership. Chair Stevenson asked if the resolution contains similar language as that contained in the resolution pertaining to the Mermaid tent. Planning Associate Heller replied in the affirmative. Commissioner Miller asked about a heat source for the tent. Planning Associate Heller stated that Moe's intends to heat the tent and this is subject to inspection by the Fire Marshal. Commissioner Walsh-Kaczmarek asked who would be responsible for making sure the applicant does not exceed 180 days. Planning Associate Heller stated that she and her staff will monitor and keep track of the 180 days. Commissioner Gunn requested the second "therefore" clause in the resolution specify that the interim use permit is valid for a tent on the deck only. Mounds View Planning Commission Regular Meeting April 2, 2008 Page 5 Commissioner Walsh-Kaczmarek asked if the applicant would have occasion to request an additional tent. Planning Associate Heller replied that if they want to put up an additional tent, they would have to come in and make application; this interim use permit pertains only to the tent on the deck. Commissioner Gunn stated the second sentence in the second "therefore" clause should be corrected to delete the word "is" before the word "NP." Planning Associate Heller stated that the Planning Commission is also required to review and address any potential adverse effects, including relationship with the Comprehensive Plan, geographical area involved, potential depreciation, the character of the surrounding area and the demonstrated need for such a use. She stated the tent would not be inconsistent with the Comprehensive Plan, which guides this parcel as community commercial, and added that the movie theater has been willing to allow them to share parking when an additional tent is used in the parking lot for one day during the summer. She indicated there should be no depreciation to the subject property or surrounding properties as a result of the tent's existence and the tent will be completely removed when not in use. She noted the building is located in a fairly commercial area and staff has received no complaints in the past; finally, the applicant has demonstrated a need for such a use. Commissioner Walsh-Kaczmarek asked if the applicant might want to add a banner of some sort to the tent and whether this is something that would be permitted. Planning Associate Heller replied the applicant could add a temporary banner if they obtain a temporary sign permit, which allows for three signs per year for 21 days each. Commissioner Walsh-Kaczmarek asked if the resolution should include a condition that the tent shall be of neutral appearance. Commissioner Lang stated if the City determines that the tent is unsightly, the City can review the interim use permit at any time. MOTION/SECOND: Commissioner Gunn/Commissioner Miller to approve Resolution 883-08, a Resolution Recommending Approval of an Interim Use Permit for a Temporary Tent at Moe's Restaurant Located at 2400 County Highway 10; Planning Case No. IU2008-001. Ayes — 6 Nays — 0 Motion carred. 6. Other Planning Activity None. Mounds View Planning Commission Regular Meeting Next Planning Commission Meeting: A. April 16, 2008 B. May 7, 2008 8. Adjournment to Agenda Session April 2, 2008 Page 6 There being no further business before the Planning Commission, Chair Stevenson adjourned the meeting at 7:31 p.m. (The meeting immediately adjourned to the Agenda Session) Respectfully submitted, I Vk—, Jim Ericson Community Development Director Transcribed by: Barbara Hughes TimeSaver Off Site Secretarial, Inc. PLEASE SIGN IN MOUNDS VIEW PLANNING COMMISSION DATE: Name Address Phone j (� LJl( (d, r U' 1V