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HomeMy WebLinkAbout12-03-2003 PROCEEDINGS OF THE MOUNDS VIEW PLANNING COMMISSION CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting December 3, 2003 Mounds View City Hall 2401 Highway 10, Mounds View, MN 55112 ______________________________________________________________________________ 1. Call to Order The meeting was called to order by Acting Chair Miller at 7:00 p.m., December 3, 2003. ______________________________________________________________________________ 2. Roll Call Members Present: Commissioners Johnson, Hegland, Zwirn, Miller Members Absent: Stevenson (excused), Scotch (excused), Song (excused) Also Present: Community Development Director Ericson and Planning Associate Prososki ________________________________________________________________________ Index to Minutes Page Planning Case MA03-001 2 Proposed Longview Estates Preliminary Plat Applicant: Martin Harstad Planning Case VR03-012 3 Applicant: Jim Thompson Location: 2817 Laport Drive Planning Case VR03-013 4 Applicant: Mark and LeeAnn Loken Location: 5072 Brighton Lane Special Planning Case SP-120-03 5 Consideration of Possible Revisions to the Zoning Code to Allow for an Administrative Variance Approval Process _____________________________________________________________________________ Mounds View Planning Commission December 3, 2003 Regular Meeting Page 2 ________________________________________________________________________ 3. Approve Minutes a. November 5, 2003 MOTION/SECOND: Zwirn/Hegland. To Approve the Planning Commission Minutes for November 5, 2003 as Presented. Ayes – 4 Nays – 0 Motion carried. ______________________________________________________________________________ 4. Citizens Requests and Comments on Items Not on the Agenda None. ______________________________________________________________________________ 5. Consideration of Resolution 745-03, a Resolution Recommending Denial of the Longview Estates Preliminary Plat. Community Development Director Ericson indicated this item was discussed previously and the Commission is aware of the issues with it. He then briefly reviewed the request of Mr. Harstad for approval of the Longview Estates Preliminary Plat. Director Ericson read the findings of fact to support the denial: The proposed fifteen-lot subdivision is situated completely within a wetland zoning district; The minimum subdivision standards within a wetland zoning district are 125-foot wide lots with lot areas of 20,000 square feet; Approximately half of the 7.14 acre wooded parcel is delineated as wetlands; Approximately 20,320 square feet of wetlands would be filled to create the fifteen lots with a total anticipated alteration of more than 200,000 square feet of area within the wetland zoning district. Director Ericson indicated this matter is set for public hearing before the City Council on Monday, December 8, 2003. MOTION/SECOND: Johnson/Zwirn. To Approve Resolution 745-03, a Resolution Recommending Denial of a Preliminary Plat for the Proposed Longview Estates Major Subdivision. Commissioner Zwirn said he feels the findings of fact stand for themselves but added that he feels Mr. Harstad showed total disregard for the existing neighbors by not providing sufficient evidence that homes to be built could be supported on the site and no evidence that he would accept liability in the event that anything did happen. Ayes – 4 Nays – 0 Motion carried. ____________________________________________________________________________ Mounds View Planning Commission December 3, 2003 Regular Meeting Page 3 ________________________________________________________________________ 6. Public Hearing and Discussion Regarding Variance Request for 2817 Laport Drive. Planner Prososki indicated that the applicant has requested an 8 foot variance to the curb cut requirements due to the fact that the contractor failed to obtain a permit and the work on the driveway has already been done. She then explained that the applicants were having issues with backing their truck and fifth wheel trailer up the driveway due to the slope and it was causing damage to their vehicle. The reason for the driveway improvement was to eliminate that issue. Planner Prososki indicated that Staff does not find a hardship in this instance and has provided a resolution for denial for consideration. She then read a section she would like to have inserted: Now, therefore, be it finally resolved by the Planning Commission that the applicant shall be notified of the right to appeal this denial to the City Council. The appeal shall be submitted in writing within 10 business days of the adoption of this Resolution. Mrs. Thompson of 2817 Laport Drive addressed the Commission and explained the issue with the slope of the driveway causing damage to their vehicle. She then apologized for the contractor not pulling the permit and asked the Commission to consider allowing the variance to leave the driveway as it is since the work has already been done. Mrs. Thompson indicated that they have a close neighborhood and none of the neighbors have an issue with the driveway. Acting Chair Miller asked whether the slope of the driveway was changed when it was paved. Mr. Thompson indicated that the driveway now slopes about two inches rather than the previous 10. He then asked whether it was a big enough issue for the City to require that they remove the pavement. Commissioner Johnson indicated that other residents would want the same thing and that is why it is an issue. Commissioner Zwirn asked whether the contractor had indicated they were to obtain the permit. Mr. Thompson indicated he was told they would be getting the permit. When he found out they had not, he immediately came to City Hall and applied for one and was told that the drawing did not meet code and a variance would be necessary to allow it. Commissioner Zwirn indicated the Commission needed to resolve the issue to the best result for the City and the applicant and, since the slope has been changed and the pavement that needs to be removed is only from the right of way to the street he would recommend that the applicant request that the blacktop company do so at its own expense and that they provide fill or grading to maintain the same level as the remaining blacktop. Mounds View Planning Commission December 3, 2003 Regular Meeting Page 4 ________________________________________________________________________ Planner Prososki indicated she had reached a representative of the company and was told by him that they accept responsibility for the error and said it was due to a miscommunication. Mr. Thompson indicated he would like to keep the driveway as it is since it is done, but if necessary, he can have the pavement removed and grade it for grass or crushed rock. Acting Chair Miller indicated there are criteria that have to be met for the Planning Commission to grant a variance and this case does not meet the criteria. Commissioner Zwirn assured the Thompsons that the City would work with them to negotiate resolution of this matter with the blacktop company. Acting Chair Miller asked that the language to be added to the Resolution be read. Planner Prososki read the language. MOTION/SECOND: Zwirn/Johnson. To Approve Resolution 744-03, a Resolution Denying a Variance from the Maximum Curb Cut Width Requirement to Allow a Previously Constructed Driveway Addition to Remain. Ayes – 4 Nays – 0 Motion carried. ______________________________________________________________________________ 7. Public Hearing and Discussion Regarding a Request for a Side Yard Setback Variance at 5072 Brighton Lane. Planner Prososki indicated that the applicant wishes to construct a second story addition over the garage but requires a sideyard variance to do so since the home is constructed on a small lot and the garage is within 8 feet of the lot line. She then indicated that Staff feels the hardship requirements can be met in this case as the lot is smaller than the City’s minimum standards and the home is under the minimum square footage requirements. The front yard is sloped in such a fashion that expansion that way is not feasible and in the rear yard there is an existing deck and mature trees. The Commission agreed that this addition would be an improvement to the home and noted that there is no expansion of the footprint of the home and no expansion of the encroachment into the setback as the expansion is directly on top of the existing garage that is 8 feet from the property line. MOTION/SECOND: Hegland/Zwirn. To Approve Resolution 746-03, a Resolution Approving a Variance to Allow for an Eight-Foot Sideyard Setback for a Living-Space Addition at 5072 Brighton Lane. Ayes – 4 Nays – 0 Motion carried. ______________________________________________________________________________ Mounds View Planning Commission December 3, 2003 Regular Meeting Page 5 ________________________________________________________________________ 8. Consideration of Possible Revisions to the Zoning Code to Allow for an Administrative Variance Approval Process. Planner Prososki asked the Commission for feedback concerning Staff’s proposal to establish an administrative variance approval process. Commissioner Hegland indicated he would like to incorporate a reporting process to keep the Commission informed of what was approved. Commissioner Johnson indicated that he would only be in favor of Staff granting setback variances. The Commission questioned whether the fee should remain the same for administrative variances or be reduced. Community Development Director Ericson indicated that the fee buys newspaper notices and notification so a reduction in costs should be considered. The Commission directed Staff to proceed with a proposal for the Commission to review. Commissioner Zwirn indicated he was impressed with the research done on this and the information brought to the Commission to consider. ______________________________________________________________________________ 9. Next Planning Commission Meeting: December 17, 2003 ______________________________________________________________________________ 10. Adjournment to Agenda Session There being no further business before the Planning Commission, Acting Chair Miller 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.