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HomeMy WebLinkAbout10-06-2004 PROCEEDINGS OF THE MOUNDS VIEW PLANNING COMMISSION CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting October 6, 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., October 6, 2004. ______________________________________________________________________________ 2. Roll Call Members Present: Commissioners Miller, Stevenson, Scotch, Hegland, Zwirn, and Meehlhause Members Absent: None. Also Present: Community Development Director Ericson and Planner Prososki ________________________________________________________________________ Index to Minutes Page Planning Case AV2004-002 2 Consideration of Resolution 772-04 Granting Final Approval for an Administrative Variance for a Twenty-Five Foot Rear Setback at 7717 Long Lake Road Planning Case CU2004-005 2 Consideration of a Conditional Use Permit Request for “The Station” at 2280 County Road I Applicant: Leon Theis _____________________________________________________________________________ 3. Approve Minutes a. September 1, 2004 MOTION/SECOND: Zwirn/Scotch. To Approve the Planning Commission Minutes for September 1, 2004 as Presented. Mounds View Planning Commission October 6, 2004 Regular Meeting Page 2 ________________________________________________________________________ Ayes – 5 Nays – 0 Motion carried. ______________________________________________________________________________ 4. Citizens Requests and Comments on Items Not on the Agenda None. ______________________________________________________________________________ 5. Consideration of Resolution 772-04 Granting Final Approval for an Administrative Variance for a Twenty-Five Foot Rear Setback at 7717 Long Lake Road. Planner Prososki indicated the applicant is proposing to construct a single-family home that would serve six adults with developmental and physical disabilities. The home would be located at 7717 Long Lake Road. The Mounds View Zoning Code requires a thirty (30) foot rear setback and the requested setback is for a twenty-five (25) foot rear setback. This property was granted a front setback variance by the Planning Commission on April 21, 2004. Planner Prososki indicated that the Community Development Director has granted temporary administrative variance approval and there have been no negative comments from the adjacent neighbors. MOTION/SECOND: Stevenson/Miller. To Approve Resolution 772-04, a Resolution Approving an Administrative Variance to Allow for a Twenty-Five Foot Rear Setback for a New House at 7717 Long Lake Road. Ayes – 5 Nays – 1(Zwirn) Motion carried. Commissioner Zwirn indicated he had voted no on the first variance because he knew that more variances would be required and he voted no on this one to be consistent. ______________________________________________________________________________ 6. Consideration of a Conditional Use Permit Request for “The Station” at 2280 County Road I Community Development Director Ericson indicated the applicants have requested an expansion of the current use as a gas station to add two fuel pumps to the site. He then said that there are some issues relating to the property as it is nonconforming. Those nonconformities are that the property line splits the building in half, the property is zoned B-2 and gas stations are not allowed under B-2 zoning, and there is no CUP associated with this location. Director Ericson indicated that there is no CUP for this location and there are certain requirements of a CUP that cannot be met, such as the size of the lot. Mounds View Planning Commission October 6, 2004 Regular Meeting Page 3 ________________________________________________________________________ Director Ericson indicated the City’s Code has a section on nonconforming uses that indicates that it can be maintained and the use can continue and it can undergo cosmetic improvements but it cannot be expanded, so one question is whether adding fuel pumps is an expansion. Director Ericson reviewed the CUP requirements as listed in the Staff report and indicated there are three or four that are difficult, if not impossible, to satisfy. He then outlined them for the Commission. Director Ericson indicated Staff received a letter from one resident that is in favor of the request because there is demand for the use and she would encourage the Planning Commission to consider allowing it. He then handed out the letter to the Commission. Director Ericson indicated that the parking on the site is short but the Code does not specifically address the requirements and there is an assumption that parking is provided at the gas pumps or under the canopy but there will still need to be a minimum number of retail spots available as not everyone will be parking at the pumps. He then said that there should be 11 parking stalls to address employees and customers of the retail side. Director Ericson indicated that there are some issues with this property as it is not zoned correctly and the Comprehensive Plan says that this parcel is not highway business but the land use is. He then indicated that the nonconforming section of the Code is there with the understanding that these nonconformities will eventually be brought into conformity. Director Ericson indicated there are steps that can be taken to bring the property closer to conforming such as rezoning the property and a Comprehensive Plan amendment but the City will first need to decide if it wishes to rezone this property to B-3. Chair Stevenson asked Staff to review the process that took place last time the applicant was before the Commission for the canopy. Director Ericson explained that there were two or three variance requests regarding setbacks and the canopy and the variance requests were denied by the Commission and the findings were such that the expansion of the canopy was considered to be an expansion of a nonconforming use and was denied. He then explained that the applicant sought a Code amendment that would insert language that would permit the canopy to expand and not be considered an expansion of the nonconforming use status. Director Ericson indicated that in 1995 the adjacent building owner requested a rezone to B-3 to allow for auto repair but that rezoning request was denied because the Comprehensive Plan did not designate the area as one that would support a highway business use. Tom Manke, owner of “The Station”, indicated they bought the property in July of 1993 and ran it with four pumps and two islands until February of 1995 when they started working with the City to remodel and put up a new canopy. Mounds View Planning Commission October 6, 2004 Regular Meeting Page 4 ________________________________________________________________________ Mr. Manke indicated that two years later they realized they were having problems with traffic at the pumps so they put in pay at the pump to move cars through faster. He then said that when they went from branded to unbranded, the business continued to grow as they are competitive with their prices and they feel the need to install two more pumps to the north to alleviate congestion at the pumps. Commissioner Zwirn asked why two pumps were eliminated during the remodeling. Mr. Manke indicated they thought two pumps would be enough and there were issues with the canopy they were trying to work out. He then said that was obviously a mistake as it seems they need the additional two pumps. Commissioner Zwirn asked whether the tank size would need to be increased. Mr. Manke indicated that they have two tanks, one is 12,000 gallons and one is 8,000 gallons and nothing would be changed with the tanks. Commissioner Hegland asked if there is a setback issue for the pump relative to Adams Street. Director Ericson indicated that Staff has not measured that out but that is something that would have to be considered. He then said that Staff would look into all the requirements should the City determine that the proposal should move forward. Director Ericson indicated the other concern that he has is that even though there potentially is no loss of parking, there are diagonal spots that back out into the pumps that poses a potential safety concern. He then said that the site plan provided is merely a concept and is not the final site plan. Chair Stevenson asked if this were allowed would this property be large enough to have the parking required. Director Ericson indicated there is no correlation with property size and number of pumps. He then said that the minimum is 22,500 square feet and they do not meet that. He further commented that the building attached to The Station extends to the east and, if it were lopped off, it would allow for more parking and better circulation on the site. Commissioner Hegland asked where the truck parks when filling the tanks. Mr. Manke indicated the truck backs in between the pumps and the building to the south and then pulls out again onto Adams Street. Chair Stevenson indicated that safety is a big concern for him and adding pumps will add more customers and he wonders whether more customers means more piling up or whether this will ease the congestion. Mounds View Planning Commission October 6, 2004 Regular Meeting Page 5 ________________________________________________________________________ Mr. Manke indicated it would ease the congestion and move people in and out more quickly. He then said that they have people backing up because they have competitive prices and the more dispensers available the quicker you can move people through. Mr. Manke indicated they feel that they are inconveniencing their existing customers and this would assist them. Chair Stevenson indicated that he was on the Commission for the first request that was denied and he feels the need to remain consistent and this seems like an expansion of the use to him. Commissioner Hegland said he feels he does not have enough information and said he thinks the Commission should stick to bringing the property into conformance as it is. Commissioner Scotch indicated the remodel gave the building more curb appeal to residents and she does not see that it has created any problems. Commissioner Hegland indicated he would like information that would tell them what the potential increase in traffic would be and what other cities with situations like this have experienced. Commissioner Scotch commented that he had two additional pumps in 1996 and they were removed and there were not any complaints of congestion when the other pumps were there. Chair Stevenson said he did not think a person could assume there was no congestion when there were four pumps. Chair Stevenson asked whether there was a plan to increase the square footage of the building. Mr. Manke indicated the proposal is not to expand the property. Chair Stevenson asked whether Mr. Manke feels he can run the pumps with adequate parking. Mr. Manke said yes. Commissioner Zwirn asked if the canopy would be consistent with the existing canopy. Mr. Manke indicated the canopy would go over 30 feet with two poles and be consistent with the existing canopy. Commissioner Miller asked if it would be necessary to move the existing pumps. Mr. Manke indicated they would stay where they are. Director Ericson indicated that should the Commission and City Council determine that the project should move forward a final site plan would be submitted that would provide better Mounds View Planning Commission October 6, 2004 Regular Meeting Page 6 ________________________________________________________________________ information on the potential setbacks and parking issues. He then said that the City Attorney has determined that this is an expansion of a nonconforming use. Commissioner Hegland asked if there is a different designation for convenience stores with gas or just gas stations. Director Ericson indicated that there is no distinction for a convenience store with gas versus just a gas station. He then said that the size of the use does not matter. Director Ericson indicated that typically gas stations are conditional uses within a more intensive commercial district. Commissioner Miller asked whether there would be access to the pumps on both side. Mr. Manke indicated it would be only on one side. Commissioner Miller said she feels there is a need for this on that side of the highway. Chair Stevenson asked if the Commission wished to see more information because he does not feel this can be allowed under the existing laws. Commissioner Hegland indicated he would like to see further information as to whether the City can differentiate between larger Super America type gas stations and the smaller neighborhood stations. He then said he would like information on potential traffic increase because he is concerned with safety at that corner if the business is expanded. Commissioner Scotch said that she thinks that sometimes you have to make exceptions to the rules and she would like to see the business continue there. Mr. Manke indicated they are small business owners and they are competing with big corporations and they are trying to satisfy the demand during peak hours. Director Ericson agreed that the City’s Code was written when the gas stations were smaller and it did not anticipate the large Super America types of stores. He then said that Staff could research the potential of allowing a different zoning designation for smaller gas stations with four pumps or less on sites under 22,500 square feet. Commissioner Hegland indicated he would like information on other situations or other cities on how they regulate this type of situation. Commissioner Miller indicated that County Road I has grown into a major arterial and is no longer a neighborhood street. Director Ericson asked for direction as to whether the Commission supports an expansion despite the other requirements and if the Commission wants Staff to conduct further research. Mounds View Planning Commission October 6, 2004 Regular Meeting Page 7 ________________________________________________________________________ Mr. Manke indicated that he has worked with a company for 15 years that builds gas stations and sees this size store expanding as much as the Super Americas and he has done some that he has questioned how it was possible on such a tight site, a tighter site than his. He then said that it comes down to moving traffic in and out more expediently and he feels the additional pumps would do that. Commissioner Hegland asked what the peak hours and what kind of traffic flows through there. Mr. Manke indicated he could provide customer information and said that peak hours are typically 6:00 a.m. to 8:00 a.m. and 3:30 p.m. to 6:00 p.m. Chair Stevenson indicated he is concerned with parking and the way it is drawn he is not sure it would work. Commissioner Hegland indicated he wants more information before commenting on expanding. Commissioner Meehlhause asked if Mr. Manke had considered purchasing the attached building. Mr. Manke indicated that has been considered. Commissioner Scotch said she is tired of snuffing out small business in Mounds View. Commissioner Meehlhause indicated the Comprehensive Plan is a road map for the future and it designates this as residential long term but it feels like the Comprehensive Plan, in this case, is a detriment to the business owners. Director Ericson agreed to have Staff conduct the requested research and suggested it may be necessary to request an extension to the 60-day time frame. Director Ericson indicated that the Comprehensive Plan is a roadmap for the future but it is a fluid document and does need changes from time to time because the City cannot always anticipate development or development may not happen the way the City expected. Don Fairburn of 5511 Ericson Road addressed the Commission and asked how this would impact his property value and quality of life. Mr. Fairburn asked if this expansion would make the station large enough to be sold to a Super America. Director Ericson indicated the City Attorney has provided the opinion that expanding by two additional pumps would not be appropriate and would be in conflict with the nonconforming statutes within Minnesota Statutes as well as the City’s Code. He then said that is why the Commission is considering potential steps to bring the property into conformity. Mounds View Planning Commission October 6, 2004 Regular Meeting Page 8 ________________________________________________________________________ Commissioner Zwirn asked if it would be more appropriate to act on the question before the Commission rather than going through Staff time to research the matter and suggest that the applicant go through another process. Director Ericson agreed that Staff does not want to do a week’s worth of research to find that it is not appropriate and then asked for a consensus from the Commission as to how they wished to proceed. Commissioner Scotch asked Mr. Manke how he intended to increase the business if this request is denied. Mr. Manke indicated they are not selling and his thought process is that this would not be easy and he is willing to continue to work with the City to get it done. He then agreed to the delay to allow time for further research and said that he would provide the information requested of him on traffic flow through the site. The Commission agreed to ask Staff to conduct further research about the impact of an expansion. ______________________________________________________________________________ 7. Review Parking Situation at Mounds View Gables (National Handicapped Housing Institute) Community Development Director Ericson indicated that Staff has researched the parking situation at Mounds View Gables as requested and there have been no parking issues. Director Ericson administered the Oath of Office to Mr. Meehlhause. ______________________________________________________________________________ 8. Next Planning Commission Meeting: October 20, 2004 ______________________________________________________________________________ 9. Adjournment to Agenda Session There being no further business before the Planning Commission, Chair Stevenson adjourned the meeting at 8:27 p.m. (The meeting immediately adjourned to the Agenda Session) Respectfully submitted, Jim Ericson Community Development Director Mounds View Planning Commission October 6, 2004 Regular Meeting Page 9 ________________________________________________________________________ Transcribed by: Joan Lenzmeier TimeSaver Off Site Secretarial, Inc.