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HomeMy WebLinkAbout01-21-2004 PROCEEDINGS OF THE MOUNDS VIEW PLANNING COMMISSION CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting January 21, 2004 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., January 21, 2004. ______________________________________________________________________________ 2. Roll Call Members Present: Commissioners Johnson, Hegland, Zwirn, Miller, Stevenson, Scotch, and Song Members Absent: None. Also Present: Community Development Director Ericson and Planner Prososki ________________________________________________________________________ Index to Minutes Page Special Planning Case SP-121-03 2 Consideration of Possible Revisions to the Zoning Code Pertaining to Temporary Outdoor Structures in Commercial Districts Special Planning Case SP-113-02 5 Consideration of Possible Revisions to the Zoning Code Pertaining to Temporary Outdoor Sales _____________________________________________________________________________ 3. Approve Minutes a. December 17, 2003 MOTION/SECOND: Miller/Zwirn. To Approve the Planning Commission Minutes for December 17, 2003 as Presented. Ayes – 7 Nays – 0 Motion carried. ______________________________________________________________________________ Mounds View Planning Commission January 21, 2004 Regular Meeting Page 2 ________________________________________________________________________ 4. Citizens Requests and Comments on Items Not on the Agenda Herb Zwirn announced that he would like to take the opportunity to comment on the recent Council action regarding the Longview Estates project submitted by Harstad. He said by approving the project the Council demonstrated and made clear that they have a lack of understanding of the negative impact the development would have on the land and surrounding neighborhood. He further commented that he feels Council failed to listen and failed to take the steps necessary to protect the wetland and the taxpaying residents that voiced opposition to the project. Mr. Zwirn indicated that the Council and its leadership failed to use common sense and hid behind regulations and political cliché that says they know better than you what is best for you. He further commented that the taxpayers were not listened to nor were those who characterized Mr. Harstad as being less than professional and less than responsible with his previous developments. Mr. Zwirn expressed that he is tired of and annoyed by this type of decision-making. He pointed out that he did not vote for this type of leadership, and his tax dollars should afford him a more responsible government. He urges the Council to rethink the decision and urges the residents of Mounds View, as taxpayers, to contact the Council to express opinions on this matter and as to the type of Council they wish to have. ______________________________________________________________________________ 5. Special Planning Case SP-121-03 Community Development Director Ericson provided an overview of the discussion from the last meeting pertaining to temporary outdoor structures in commercial districts. Director Ericson asked the Commission for discussion and feedback concerning the proposed language amendments indicating that if the amendments were acceptable to the Commission, Staff would put them into Ordinance format for consideration at the next meeting. Commissioner Miller indicated that she saw nothing referring to what zone they are permitted in. Director Ericson indicated that the discussion was that they would be allowed in a commercial district and that would be added to the language of the zoning code. So, if an IUP is required under B-1 zoning it would be required in each business district as well as in the industrial district. Mounds View Planning Commission January 21, 2004 Regular Meeting Page 3 ________________________________________________________________________ Commissioner Hegland asked whether there was anything that controls the IUP transferring to a new property owner if the property is sold. Director Ericson commented that a CUP transfers with the property and nothing had been added to this to prevent an IUP from transferring to a new owner. Commissioner Hegland indicated he feels that a new owner should come to the City to request an IUP rather than having it automatically transfer with the sale of the property. Chair Stevenson indicated he feels that Staff should be able to review and grant the permit each year unless there are issues to be discussed by the Commission. Director Ericson indicated that the fire code dictates that the structure is only allowed to be up for 180 days. If it is up longer than that the structure would need to comply with the building codes and be sprinkled. The Commission asked that the code reference that the structures are not allowed for more than 180 days on the off chance that someone could afford to bring the temporary structure up to building code requirements. Commissioner Zwirn asked if there is a protection if there is a problem that would allow the City to deny the permit and issue an order to cease operation out of the structure. Director Ericson indicated that if there is an issue of life, health or safety, the fire marshal or building official can post a “do not occupy” notice. Commissioner Zwirn asked if it was necessary to implement a penalty for operating without the permit or beyond the allowed days. Director Ericson indicated there is a fee and penalty structure built into the codes already and failure to comply with a “do not occupy” order is a misdemeanor. Commissioner Song commented that she is a realtor and has had several customers looking at homes in the area. She tries to persuade to buy in Mounds View but she receives comments that the streets are not so neat and she would like to see stronger rights for the City to terminate the use of this type of structure if the conditions are not met. Director Ericson indicated there are some things listed concerning the requirement to maintain the structure in good condition and to make corrections within a reasonable amount of time. The Commission discussed whether this should be a permit reviewed annually by the Commission that goes through the public hearing process or whether to grant a five year permit to be reviewed annually by Staff. Mounds View Planning Commission January 21, 2004 Regular Meeting Page 4 ________________________________________________________________________ Commissioner Hegland said he would like to grant an annual permit and allow some time to gain experience with this type of regulation before granting a five year permit. Commissioner Miller commented that the structure has already been there for two years. Commissioner Johnson indicated he would like to grant the five year permit and have Staff review it every year. Chair Stevenson agreed. Commissioner Zwirn asked whether issues would be brought to the Commission for discussion rather than just granting an automatic approval despite having trouble getting the structures down within the time frame. Director Ericson indicated that there would not be an automatic trigger for review but Staff would bring anything other than normal enforcement issues to the Commission for consideration. Commissioner Hegland asked how the permit could be revoked. Director Ericson indicated the City Council would adopt a Resolution to revoke it. Commissioner Zwirn indicated he would like some way to impose a penalty to ensure compliance to protect residents from someone who abuses the privilege and has complaints against them. Director Ericson agreed to discuss the matter with the City Attorney to determine whether it would be appropriate to add penalty language to the amendment. Commissioner Hegland commented that the action would be to revoke the permit if the issue is bad enough and that process takes time for notices and public hearings. Commissioner Miller commented that the fire marshal gives them 180 days and if they go beyond that there is big trouble and the fire marshal shuts them down. She then said that she did not think anyone would take the chance of having the right to use their structure eliminated by not following the requirements. Commissioner Scotch asked how long the Mermaid’s structure was up last year. Director Ericson indicated that extra consideration was given to the Mermaid for set up and take down and the actual occupied time was not as long as the structure was up. Commissioner Zwirn commented that he does not want them to benefit from dragging their feet about taking the structure down. Mounds View Planning Commission January 21, 2004 Regular Meeting Page 5 ________________________________________________________________________ Commissioner Hegland indicated that revocation of the permit is the biggest deterrent for breaking the Code. Director Ericson commented that the only penalty may be through court action and whatever fines are dictated by the judge. Commissioner Zwirn said he is concerned for competition in the future because if one does not follow the rules the other will think they do not have to either and he would like the City to have a way to enforce the issue through fines or something and not just rely on the fire code. Commissioner Johnson indicated that going beyond the 180 days would be handled immediately by the fire marshal. He then said that the Mermaid tent was not occupied until the first part of June and is being taken down now. He further commented that leeway was given because this was the first of this type of structure and the fire marshal and building official did not know what regulations needed to be met which delayed the occupancy permit. Commissioner Hegland indicated he would like to review it every year. Commissioner Zwirn agreed. There was consent to draft the amendment to provide for a five year permit reviewed annually by Staff. ______________________________________________________________________________ 6. Special Planning Case SP-113-02 Planner Prososki indicated that there is a conflict within the Code that requires temporary outdoor vendors to obtain a conditional use permit. She then said that Staff reviewed prior Minutes and has made recommendations to clarify the matter in the Code. The Commission agreed to allow three temporary sales events per year with 30 days between sales. The Commission also agreed to require CUP’s for anything over 10 days. Planner Prososki indicated that prior discussions were to require that the sale be on a grassed area to control dust and that the sale not use parking spaces. Commissioner Zwirn asked whether lighting is addressed. Director Ericson indicated that Staff would include language to govern lighting. ______________________________________________________________________________ 7. Next Planning Commission Meeting: February 4, 2004 ______________________________________________________________________________ Mounds View Planning Commission January 21, 2004 Regular Meeting Page 6 ________________________________________________________________________ 8. Adjournment to Agenda Session There being no further business before the Planning Commission, Chair Stevenson adjourned the meeting at 7:45 p.m. (The meeting immediately adjourned to the Agenda Session) Respectfully submitted, Jim Ericson Community Development Director Transcribed by: Joan Lenzmeier TimeSaver Off Site Secretarial, Inc.