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HomeMy WebLinkAbout12-15-2004 PROCEEDINGS OF THE MOUNDS VIEW PLANNING COMMISSION CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting December 15, 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., December 15, 2004. ______________________________________________________________________________ 2. Roll Call Members Present: Commissioners Miller, Zwirn, Hegland, Scotch and Stevenson Members Absent: Meehlhause (excused) Also Present: Community Development Director Ericson ________________________________________________________________________ Index to Minutes Page Lot Line Adjustment Minor Subdivision 2 Applicant: Neil Rudnitski Code Amendment Regarding Driveways 3 Set the Planning Commission’s 2005 Meeting Schedule 3 _____________________________________________________________________________ 3. Approve Minutes a. November 17, 2004 MOTION/SECOND: Miller/Zwirn. To Approve the Planning Commission Minutes for November 17, 2004 as Presented. Ayes – 5 Nays – 0 Motion carried. ______________________________________________________________________________ Mounds View Planning Commission December 15, 2004 Regular Meeting Page 2 ________________________________________________________________________ 4. Citizens Requests and Comments on Items Not on the Agenda None. ______________________________________________________________________________ 5. Minor Subdivision Lot Line Adjustment 8265 and 8281 Spring Lake Road Community Development Director Ericson explained that the Rudnitski home when constructed was not constructed in accordance with the survey and approved plans and instead of maintaining the five-foot garage setback and ten-foot living space setback, the builder shifted the stakes after the initial inspection which caused the driveway to be built on the property line, the garage at a 1.6 foot setback and the living space at a 5.7 foot setback. He then explained that the Rudnitskis have applied for a lot line adjustment to shift the line to the north along the east line. Director Ericson indicated that the Council recently gave more leeway on minor subdivisions that do not really intensify the use to allow the City to not require a park dedication fee and Staff is not recommending a park dedication fee in this matter. Director Ericson asked that another stipulation be added indicating that the applicant shall re- consent to the dedication of a perimeter drainage and utility easement in consideration for the lot line adjustment. Chair Stevenson asked if anything in the easement to be vacated would be impacted. Director Ericson indicated he has checked with public works and there would not be an issue. Commissioner Hegland asked how this happened and how it was brought to light. Mr. Rudnitski indicated that they discovered it last fall when the neighbors were going to put in a fence. Chair Stevenson asked what the financial responsibility the builder has taken for this matter. Mr. Rudnitski indicated he took the builder to conciliation court and the day before the hearing they contacted him and met and they paid him money and settled for the amount he had asked for and hopefully this will cover the purchase of the property and whatever legal fees he will need for this matter. MOTION/SECOND: Hegland/Scotch. To Approve Resolution 779-04, a Resolution Recommending Approval of a Lot Line Adjustment (Minor Subdivision) Between 8265 and 8281 Spring Lake Road as Amended. Ayes – 5 Nays – 0 Motion carried. The Commission commended the residents for working this matter out amicably. Mounds View Planning Commission December 15, 2004 Regular Meeting Page 3 ________________________________________________________________________ Commissioner Zwirn asked if the applicant was satisfied on the settlement with the contractor. Mr. Rudnitski indicated he is largely satisfied because he did receive some money but he still has attorney’s fees. Commissioner Zwirn suggested seeking recourse through the title insurance policy if possible. Director Ericson indicated this would be before Council in January. ______________________________________________________________________________ 6. Code Amendment Community Development Director Ericson indicated that this item is a Code amendment regarding driveways, driveway setbacks and curb cuts. He then reviewed the proposed changes to the Code with the Commission. Director Ericson indicated that partial reconstruction or a patch or installing a “T” or making partial improvement should not force a property owner to make the whole driveway code compliant. He then said that from the discussions previously the intent is to not penalize them for making some improvement to the driveway if possible, but if there is a street improvement project then driveways and curb cuts should be made compliant. He then said that if the driveway cannot be made compliant it could be allowed to remain through the variance process. He further said that there is an administrative variance process as well as the option of appealing decisions to the City Council. Director Ericson reviewed the requirements for an administrative variance to be added to the new Section 5 to be inserted into the draft ordinance. Commissioner Hegland asked what 25% of Code means. Director Ericson explained how the 25% would be interpreted. Director Ericson indicated this matter would be presented to the City Council in January. Chair Stevenson asked for a final clean ordinance that is being presented to Council with the entire subsections. MOTION/SECOND: Zwirn/Miller. To Approve Resolution 780-04, a Resolution Recommending Approval of a Code Amendment to the Municipal Code Regarding Nonconforming Driveways and Curb Cuts. Ayes – 5 Nays – 0 Motion carried. ______________________________________________________________________________ Mounds View Planning Commission December 15, 2004 Regular Meeting Page 4 ________________________________________________________________________ 7. Set the Planning Commission’s 2005 Meeting Schedule MOTION/SECOND: Stevenson/Zwirn. To Approve Resolution 778-04, a Resolution Establishing the 2005 Meeting Schedule of the Mounds View Planning and Zoning Commission. Ayes – 5 Nays – 0 Motion carried. ______________________________________________________________________________ 8. Next Planning Commission Meeting: January 5, 2005 ______________________________________________________________________________ 9. Adjournment to Agenda Session There being no further business before the Planning Commission, Chair Stevenson adjourned the meeting at 7:36 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.