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HomeMy WebLinkAbout07-07-2004 PROCEEDINGS OF THE MOUNDS VIEW PLANNING COMMISSION CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting July 7, 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., July 7, 2004. ______________________________________________________________________________ 2. Roll Call Members Present: Commissioners Miller, Stevenson, Scotch, Hegland, Zwirn Members Absent: Song (unexcused). Also Present: Community Development Director Ericson and Planner Prososki ________________________________________________________________________ Index to Minutes Page Planning Case VR2004-006 2 Applicant: Michael Mourad Location: 7090 Silver Lake Road Planning Case VR2004-001 4 Applicant: Clear Channel Outdoor Location: Billboards at Golf Course Planning Case VR2004-007 and CUP2004-002 8 Applicant: Mari Scotch Location: 7806 Gloria Circle Planning Case AV2004-001 10 Applicant: Susan McCaskey and Holly Werner Location: 2369 County Road I _____________________________________________________________________________ Mounds View Planning Commission July 7, 2004 Regular Meeting Page 2 ______________________________________________________________________ 3. Approve Minutes a. May 19, 2004 MOTION/SECOND: Miller/Zwirn. To Approve the Planning Commission Minutes for May 19, 2004 as Presented. Ayes – 5 Nays – 0 Motion carried. ______________________________________________________________________________ 4. Citizens Requests and Comments on Items Not on the Agenda None. ______________________________________________________________________________ 5. Planning Case VR2004-006 – Public Hearing and Discussion Regarding a Variance Request for a Non-Conforming Curb Cut at 7090 Silver Lake Road Planner Prososki explained that the applicant has requested a variance to allow an already constructed driveway to remain as built at his property located at 7090 Silver Lake Road. The driveway was constructed without a permit and exceeds the maximum curb cut width allowed in an R-1 district. She then indicated that the request is for a 36-foot wide curb cut which is a variance request of 12 feet. Planner Prososki explained that the applicant is asking that the driveway be allowed to remain because it is a patterned driveway and removing sections will alter the pattern. She then said that if the variance is denied, the applicant would be required to remove twelve feet of concrete from the street to the property line. Chair Stevenson opened the public hearing. Commissioner Zwirn asked if applicant was the one to cause the driveway to be 36 feet wide and how long it has been 36 feet wide. Planner Prososki indicated that the applicant did the work himself without a permit and that Staff estimates that the driveway was reconstructed and expanded sometime in October of 2003. Mr. Mourad addressed the Commission and indicated that all he did was remove the blacktop and install concrete. He then said that his neighbor has a driveway of similar size. Mr. Mourad provided petitions from the neighbors indicating they have no issue with the driveway. Commissioner Hegland asked if the driveway was previously this wide. Mounds View Planning Commission July 7, 2004 Regular Meeting Page 3 ______________________________________________________________________ Mr. Mourad indicated that he did not measure it but he only replaced the blacktop with concrete. Planner Prososki indicated that by using aerial photography it appears that in April of 2003 the driveway was 22 feet wide but there was a sidewalk alongside of it. She then said that the last permit for a driveway at that address was for 22 feet wide. She further commented that she measured the neighboring driveways and they are all from 20 to 24 feet wide. Chair Stevenson asked what happened to the sidewalk. Planner Prososki said she could not say for certain but the driveway was 22 feet wide and it appeared that there was a pathway from the street to the door. Commissioner Zwirn commented that he understands time was taken to consult with architects and some planning and expense went into the design but there is an obligation to obtain the proper permits from City Hall and that was not done so the applicant has taken on the expense of correcting the situation. Commissioner Miller asked how much of the driveway would need to be removed. Planner Prososki indicated that a 12-foot wide section would have to be removed from the street to the property line. She then approximated a 10 to 15 foot long stretch would need to be removed. Mr. Mourad commented that his neighbors have the same size driveway. Planner Prososki clarified that she measured the neighbor’s driveway and it complies with the City’s Code. Judy Conner of 2817 Woodale Drive addressed the Commission and indicated that they feel the driveway improvement helps improve the value of the neighborhood and that it should be allowed to remain. Chair Stevenson closed the public hearing. MOTION/SECOND: Zwirn/Miller. To Approve Resolution 763-04, a Resolution Denying a Variance for a Thirty-Six Foot Curb-Cut Width at 7090 Silver Lake Road. Commissioner Miller read the last “be it finally resolved” indicating the applicant could appeal within ten (10) business days after the adoption of the resolution. Ayes – 5 Nays – 0 Motion carried. ______________________________________________________________________________ Mounds View Planning Commission July 7, 2004 Regular Meeting Page 4 ______________________________________________________________________ 6. Planning Case VR2004-001 – Public Hearing and Discussion Regarding a Variance Request for a Reduction of Spacing Requirements and to Exceed the Maximum Height for Billboards Community Development Director Ericson indicated that this request is from Clear Channel Outdoor for a variance to increase the sign height for the billboards at the golf course. He then informed the Commission that the MnDOT billboard permits have been approved. He went on to indicate that the request is to increase the sign height from 35 to 45 feet and reduce the spacing from 750 feet down to 600 and in one location 500 feet, which is the Mn/DOT minimum. Director Ericson explained that the issue with the original design was that an earthen berm was to be created with spoils from the expansion of the golf course onto the Sysco outlot but the City has made the determination not to move forward with an expansion. There is no longer a desire to put in an earthen berm because it was determined that it would impede the play of golf and things would have to be shifted at the course and that would be a major expense to the City and a disruption to the golf course. Director Ericson explained that the absence of the berm and height of existing trees leads Clear Channel to ask for a variance for the 10 feet. He also indicated that Clear Channel would prefer to stay out of the natural area and to do that they need to reduce the spacing between the signs to maintain the six signs. Director Ericson indicated that Staff supports the variance approval and noted that hardship exists because of the existing tree cover which was not thought to be a problem with the berm but is now an issue without it. He then said that the applicant had counted on the construction of the berm and it is by City action that the berm will not be constructed. Chair Stevenson opened the public hearing. Commissioner Miller asked if everything else remains the same with the billboards and whether the length of time that they would be there stays the same. Director Ericson indicated that the current agreement allows for a twenty-year lease period, but the billboards have not been constructed so the timeframe will need to be adjusted to reflect a true 20-year lease period. Commissioner Miller asked what would happen if there were a different use of the property. Director Ericson indicated that Council had to look at all of the options including selling and redeveloping the property. He then said that the easements are in place and any redevelopment of the property would need to take them into consideration, as they would be allowed to remain. Mounds View Planning Commission July 7, 2004 Regular Meeting Page 5 ______________________________________________________________________ Chair Stevenson indicated that Council Member Stigney called him. Council Member Stigney was not familiar with any berm planned at the golf course or any planned expansion to 18-holes. Chair Stevenson then said he is not comfortable with approval of this without more input from Council. Director Ericson explained that there were discussions with the former golf course manager and he may have made representations to Clear Channel which does not bind the Council, but the designs presented were based on the assumption that the berm would be there. He then said that Council may not have discussed the berm specifically but that was always part of the plan. Chair Stevenson stated that he does not feel that representations from Mr. Hammerschmidt should form any grounds for hardship because it was not something done by Council approval. Chair Stevenson commented that maybe there should be some allowance but he does not see the basis for it. Commissioner Zwirn asked whether all six signs were designed to have the berm and presented as such. Director Ericson explained that all six of the signs were presented based on the graphic presented in the report. Commissioner Scotch asked why the design of signs were altered. Director Ericson indicated that the original design is what Council was presented with and what the Council approved and from that point forward Staff recognized that construction of the original design at the course would cause disruption and Clear Channel presented a number of options in February of 2004 and Council chose the graphic on Page 2 of the report. Commissioner Miller said she feels the second design is preferable. Commissioner Scotch commented that the new design would generate more advertisement for the City for the course. Chair Stevenson said he does not see the justification for narrowing the spacing and the height concerns him. Commissioner Zwirn questioned whether the trees could be trimmed. Tom McCarver, representing Clear Channel, addressed the Commission and indicated that they have a long standing agreement with Mn/DOT that trees can be maintained at a certain height to keep them clear of the viewing area once the sign is constructed. He then said that at the 35-foot height there are considerable issues with trees. Mounds View Planning Commission July 7, 2004 Regular Meeting Page 6 ______________________________________________________________________ Chair Stevenson asked how high the Sysco sign is. Director Ericson explained that they were allowed a 35-foot sign measured from the pavement to the top of the sign. Commissioner Zwirn asked whether the distance between the signs would interfere with the play of golf at the course. Director Ericson explained that Staff felt the original spacing would cause issues but the new design offsets the signs enough that there should not be an issue other than with sign 5. Commissioner Miller asked why the City would not expand into the Sysco area. Director Ericson explained that hundreds of trees would have to be cut down to get an access to that sign and to create a viewing area for that sign, so the primary reason is to save trees. Commissioner Hegland asked if location of the sign and the height affects the revenue that could be obtained. Mr. McCarver explained that the salability of the signs is based on the view and the City shares 50% revenue with these signs. He further commented that the signs do not sell at maximum levels if there are obstructions and that affects revenue. Commissioner Hegland questioned whether there was documented evidence of the differences in revenue for signs with obstructions and signs without. Mr. McCarver explained that profitability is determined by occupancy and signs are not occupied when there are obstructions and that decreases revenues. He then said that he feels that with the 45-foot height they would be able to get the 80% occupancy rate they are aiming for. Commissioner Zwirn asked for information on the projected revenue from the signs and whether those revenues go up if the sign is 45 feet high. Mr. McCarver indicated he does not have those figures, as he was not part of the original deal. He then said that there were discussions with the former golf course manager concerning the berms and they based their projections on a height of 45 feet. He then said that experience tells him that if they do not get a good read on the signs they will not sell and that affects revenue. Commissioner Hegland asked if placement is based on visibility. Mr. McCarver indicated they went into the process this time trying to be as proactive as possible and remove any potential hindrances as seen by the state. He then said that they moved sign six Mounds View Planning Commission July 7, 2004 Regular Meeting Page 7 ______________________________________________________________________ (6) out of the natural area because they felt it may be a hindrance and this proposal is what was approved by Mn/DOT. Commissioner Hegland asked about the location of signs two (2) and three (3). Mr. McCarver indicated that the other signs were relocated after sign six was moved to take into account playability at the course. Commissioner Hegland clarified that placement of the signs is primarily to take into account playability at the course. Mr. McCarver indicated they needed to be careful with the impact to the course and maintain visibility. Chair Stevenson indicated he would feel more comfortable if the hardship was based on the fact that sign six had to be moved out of the natural area and that necessitated the relocation of the other signs rather than basing it on the comments concerning the berm. Relocating the signs was for Mn/DOT approval and to accommodate the play of golf. Commissioner Miller suggested that the resolution be redrafted for the next Planning Commission meeting in two weeks. They’ve been waiting for four years, what’s another two weeks, she asked. Director Ericson indicated Staff could redraft the Resolution to amend the hardship as Staff feels there is adequate hardship proven without the berming information. He then asked for authorization to make that change and bring the matter back before the Commission for consideration at tonight’s meeting. Mr. McCarver indicated that two weeks does not sound like a lot of time but from a construction time frame it does make a lot of difference for them because he cannot order things and he is concerned that a delay could really impact the construction schedule. Chair Stevenson asked that hardships be based on the moving of number six and the desire to save trees. Commissioner Zwirn indicated that he is concerned with approving a variance for signs to assist with revenue at the golf course when the City is not sure there will be a golf course. He then said he would like to know what Council intends to do with the golf course. He also expressed concern that the billboards could impact the future redevelopment potential of the property. Director Ericson said he thinks the Council intends to have a golf course and would like to have one as an amenity to residents and the greater community and that was the reason why one was constructed. He then said that making a profit is a consideration and it has not been happening Mounds View Planning Commission July 7, 2004 Regular Meeting Page 8 ______________________________________________________________________ but the billboards will assist with repayment of the loans and bring the course to a point in the future of making cash flow. Director Ericson indicated that he thinks it would be very unlikely that any major changes would occur, so getting the billboards constructed and making revenue is the single factor that would influence what happens with the course. Commissioner Zwirn asked what timeframe the City is looking at for refinancing and paying off the bonds. Director Ericson indicated the bonds are scheduled to expire in 2014 and Staff will look into the financing. Commissioner Zwirn asked how long the City is willing to carry negative cash flow at the golf course. Director Ericson indicated the Council is not comfortable having it today. Commissioner Zwirn commented that he is uncomfortable with pursing any decisions on this tonight as he would like further information as to how this will develop out and he feels the Commission is discussing something that he cannot see being there for the long term. Commissioner Hegland indicated that he does not feel that waiting would provide any further information. Commissioner Scotch indicated the additional 10 feet allows more advertising and more visible signage for the course. Chair Stevenson closed the public hearing. MOTION/SECOND: Zwirn. To Table. The Motion died for lack of a second. MOTION/SECOND: Miller/Hegland. To Approve Resolution 766-04, a Resolution Approving a Variance Requested by Clear Channel Outdoor to Exceed the Maximum Billboard Height and Reduce the Minimum Billboard Spacing Requirements as Amended to Change the Hardship References from the Berm to the Relocation of Sign 6 Which Necessitated the Relocation of the Other Signs and the Desire to Save Trees. Ayes – 4 Nays – 1(Zwirn) Motion carried. ______________________________________________________________________________ Mounds View Planning Commission July 7, 2004 Regular Meeting Page 9 ______________________________________________________________________ 7. Planning Case VR2004-007 and CU2004-002 – Public Hearing and Discussion Regarding a Variance for the Width of a Garage and a Conditional Use Permit for an Oversized Garage Planner Prososki indicated that the applicant has requested approval of a variance and a conditional use permit to construct a new garage at 7806 Gloria Circle. The applicant indicates that the existing garage would be converted to living space and a new garage would be built on the property. She then indicated that the proposed width of the new garage would be 37.5 feet wide and that is two feet six inches in excess of what is allowed by City Code. Planner Prososki indicated that the applicant is limited by several items, the first of which is that the lot has direct access to Spring Lake and it is not desirable to place an accessory structure between the home and the lake and, for the sake of the lake, it is preferable to keep the impervious surfaces further away from the lake. Secondly, the lot is irregularly shaped and has only 32 feet of frontage on Gloria Circle and a 20-foot utility easement exists which limits the depth of the garage. She then explained that the garage cannot be any deeper due to setbacks and the utility easement. Commissioner Scotch removed herself from the discussion, as this was her application. Chair Stevenson opened the public hearing. Chair Stevenson commented that the proposed garage is even with the edge of the pad from the shed that is being removed. Planner Prososki indicated the shed would be removed and the pad is already there but the real hardship in width is the 20-foot drainage and utility easement. She then said that it would be possible to make up the square footage by going deeper if it were not for that drainage and utility easement. Commissioner Miller commented that the purpose of the width of the garage was so that it would not overwhelm the house but the house is already large so the added 2.5 feet does not make it larger than the house. Chair Stevenson asked what the width of the house would be when the old garage is used as living space. Planner Prososki estimated it to be about 41 feet wide based on the drawing she had at the meeting. Chair Stevenson said he feels that hardship has been met if this is the minimum. Planner Prososki indicated that due to the depth limitations this is the minimum variance to alleviate the hardship. Mounds View Planning Commission July 7, 2004 Regular Meeting Page 10 ______________________________________________________________________ Commissioner Miller asked if the Resolution takes care of the CUP and the variance. Planner Prososki indicated that the Resolution would approve the variance and recommend approval of the CUP to Council. Chair Stevenson closed the public hearing. MOTION/SECOND: Miller/Hegland. To Approve Resolution 764-04, a Resolution Approving a Variance for a 37.5 Foot Wide Garage and Recommending Approval of a Conditional Use Permit to Allow for a 1,125 Square-Foot Garage at 7806 Gloria Circle. Ayes – 4 Nays – 0 Motion carried. ______________________________________________________________________________ 8. Planning Case AV2004-001 – Consideration of Resolution 765-04, a Resolution Granting Final Approval for an Administrative Variance Planner Prososki reviewed the request with the Commission indicating that the applicants have requested approval of an administrative variance to construct a 352 square foot addition to their home at 2369 County Road I. She then indicated that the City Code requires a 30-foot rear setback and this proposal is for a 23-foot rear setback. Planner Prososki indicated that Staff has reviewed the request and determined that it qualified for an administrative variance as it is within 25% of setback requirements and this is before the Commission for final approval. Planner Prososki indicated that adjacent property owners were notified and several signed a document indicating they were not opposed. MOTION/SECOND: Hegland/Zwirn. To Approve Resolution 765-04, a Resolution Approving an Administrative Variance to Allow for a Twenty-Three Foot Rear Yard Setback for a Living- Space Addition at 2369 County Road I. Ayes – 5 Nays – 0 Motion carried. ______________________________________________________________________________ 9. Next Planning Commission Meeting: July 21, 2004 ______________________________________________________________________________ Mounds View Planning Commission July 7, 2004 Regular Meeting Page 11 ______________________________________________________________________ 10. Adjournment to Agenda Session There being no further business before the Planning Commission, Chair Stevenson adjourned the meeting at 8:23 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.