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HomeMy WebLinkAbout04-03-2002 PROCEEDINGS OF THE MOUNDS VIEW PLANNING COMMISSION CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting April 3, 2002 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 7:02 p.m., April 3, 2002. ______________________________________________________________________________ 2. Roll Call Members Present: Commissioners Miller, Scotch, Hegland, Zwirn and Song. Members Excused: Johnson(excused), Stevenson (excused). Also Present: Community Development Director Ericson and Planner Atkinson ________________________________________________________________________ Index to Minutes Page Planning Case No. VR02-001 2 Location: SE Corner Mounds View Drive and County Road I Applicant: Mike Bjerkesett Discuss Possible Changes to Zoning Code Relating to Temporary 10 Outdoor Sales Discuss Possible Changes to Zoning Code Relating to Home Occupations 11 ______________________________________________________________________________ 3. Citizens Requests and Comments on Items Not on the Agenda There were no resident comments concerning items not on the agenda. _______________________________________________________________________ Mounds View Planning Commission April 3, 2002 Regular Meeting Page 2 ________________________________________________________________________ 4. Approval of Minutes a. March 6, 2002 MOTION/SECOND: Scotch/Zwirn. To Approve the Minutes for March 6, 2002, as Presented. Ayes – 5 Nays – 0 Motion carried. _____________________________________________________________________________ 5. Planning Case VR02-001 Planner Atkinson explained that this case is a request for a variance from the minimum parking requirements for a 20 unit housing facility. City Code requires 1 ½ spaces per unit plus one garage stall per unit for a total of 50 spaces, 20 of those being garage stalls. He then explained that the applicant is proposing to leave off the 20 garage stalls because this is a nontraditional type of housing for handicapped residents and most do not drive and have no need for a garage because it is impractical. Planner Atkinson indicated that based on the previous experience of the applicant at similar developments it has been determined that 30 stalls should be more than adequate for the facility. He also noted that it is likely that only four or five of the residents living at the facility would own an automobile. Planner Atkinson referred to the criteria that must be met to grant a variance. He then said that Staff feels that based on the shape of the lot and the fact it has road frontage on three sides would make it difficult to place the garages on the site. Planner Atkinson indicated he had placed letters from residents who were opposed to the development on the dais and then explained he had spoken to several residents to explain the development and what the applicant was requesting. He then commented that residents were more comfortable with the development after hearing the explanation and learning that this development is different than the one that was proposed for that site three years ago. Mr. Atkinson indicated he had spoken to another resident who, after hearing the explanation, was still opposed to the parking variance because they were afraid of overflow parking out into the residential neighborhood. Acting Chair Miller announced to the viewers at home that there was only audio available for the meeting and apologized for the technical difficulties. Commissioner Zwirn asked if there were other ways to locate the building on the property to accommodate the garage space. Planner Atkinson indicated that the applicant had explored other options for locating the building but had determined that residents were more in favor of locating the parking behind the building. Mounds View Planning Commission April 3, 2002 Regular Meeting Page 3 ________________________________________________________________________ He then said that given the size and shape of the lot there is not much that can be done without getting into setback variances. He also noted that the garage would not be standard size it would need to be larger to accommodate the handicapped accessible vehicles. Commissioner Hegland asked if it were true that there is a larger number of handicapped parking stalls than required by Code. Planner Atkinson indicated that two handicapped stalls would be required by Code and this lot contains 11. He then clarified that it is likely that only four or five residents would have a vehicle. Mike Berke, President of the Silver Lake Woods Homeowner’s Association addressed the Commission and said that Mr. Grommesh who had submitted a letter is not okay with the proposal and neither is the Association. He then pointed out that the streets in the Association are private and the Association is opposed to overflow parking flowing out into their development. Mr. Berke indicated he had a letter from a Joe Hill, a person with Spina Bifida, who comments that he would be opposed to this type of facility because, based on his research, this type of facility attracts a lot of drug use and burglaries. He then commented he would hope that is not true as the Association does not want that type of facility. Mr. Berke pointed out that when the theatre was constructed the Association was not properly notified and the Association was assured that, in the future, the entire Association would be notified. He then indicated the same thing happened with the senior housing and now this development and again asked the City to be sure that the entire Association is notified not just those homes within 350 feet. Carol Holden of 2749 Lake Court Drive asked how many residents would live at the facility. Acting Chair Miller indicated there were 20 apartments, six of which are two bedroom units. Ms. Holden asked if it were possible that a handicapped resident and an able bodied resident would live in the unit and one of them would drive. Mr. Bjerkesett explained that it is possible that the units could be occupied by a handicapped individual and a spouse or attendant that is able bodied and would have a vehicle. He then pointed out that they have a 25 unit facility in New Brighton that has 30 parking stalls as well as the office and there are never more than six or seven vehicles in the parking lot. Mr. Bjerkesett said he feels there is no question that 30 stalls is more than adequate for the facility. He then indicated that Planner Atkinson had visited the site and could attest to the empty parking lot. Mounds View Planning Commission April 3, 2002 Regular Meeting Page 4 ________________________________________________________________________ Mr. Bjerkesett explained that the number of stalls is less of an issue than the garage spaces. He further explained that during the winter when you would think a garage would be valuable to you is the time when it is most difficult for a handicapped individual to access a garage. He then explained that the garage would be all the way across the parking lot from the door and it is impossible for them to keep the parking lot clear of snow and ice to make it possible to use a wheelchair to get to the garage. He also noted that handicapped individuals must swing their doors all the way open to get the wheelchair out and most of them have vans with a lift making an oversized garage necessary. Mr. Bjerkesett indicated that over the course of 24 years he has had this issue come up in 10 other communities in the state of Minnesota and all 10 have waived the garage requirement with the exception of one of the first facilities located in Bloomington. He then noted that the garage in that location has become an eyesore for the area due to accumulating junk and other activities occurring in the area. He also pointed out that his financing does not allow for the construction of garages because the federal government considers a garage a luxury. He also noted that the financing requires that the building stay a handicapped housing facility for 40 years. Acting Chair Miller asked how disabled a person must be to qualify to live in the facility. Mr. Bjerkesett indicated that it must be an individual who has a mobility impairment that restricts his/her ability to live independently without the architectural changes that are built into this type of facility. He then said that his organization gives priority to those with greater disabilities. Acting Chair Miller inquired as to how many employees would be at the facility at any given time. Mr. Bjerkesett indicated never more than four employees and usually only two. Acting Chair Miller asked what the job of those employees would be. Mr. Bjerkesett indicated that they would be personal care attendants and noted the residents rely on public transportation through project mobility. Commissioner Scotch asked if the employees are state funded. Mr. Bjerkesett indicated that the employees are state funded but need to be hired and managed by the individual resident not the facility. Commissioner Zwirn asked Mr. Bjerkesett to comment on any police activities or issues at his facilities whether related to tenants or loitering individuals. Mr. Bjerkesett indicated the organization has had very few problems and no problems at 80% of the facilities. He then admitted there have been issues with the facilities located in higher crime areas. He further explained that a recent supreme court decision has given the organization the Mounds View Planning Commission April 3, 2002 Regular Meeting Page 5 ________________________________________________________________________ right to immediately evict, with very little evidence or cause, anyone suspected of drug activity. He then said that he prides himself on the appearance and management of his facilities and in no way would tolerate illegal activities. Commissioner Scotch asked if there would be an on site manager. Mr. Bjerkesett indicated there is an on site manager. Ms. Holden asked whether there was a kitchen on site or if the residents did their own cooking and cleaning. Mr. Bjerkesett indicated that residents do their own cooking and cleaning but said some individuals hire a cleaning service. Ms. Holden asked if there have been any drug related problems at the New Brighton facility. Mr. Bjerkesett said no. He then explained that over the course of 24 years there have been five or six instances with either using or, in one case, selling drugs and all of those were immediately addressed and the person was evicted. Commissioner Song asked Mr. Bjerkesett to provide a copy of the occupancy rules to the City. Acting Chair Miller asked Mr. Berke why he felt the Association did not want the facility. Mr. Berke indicated that the matter was discussed at a recent board meeting and the Association would prefer a nice housing facility in that location over a retail situation but has an issue with the parking. He then commented that this scenario cuts the parking by 35 to 40% and they have an issue with that because parking will flow out onto their residential streets. He then commented that the Association is not opposed to a variance on the garages. Acting Chair Miller explained that the variance is for the garage stalls because the surface parking requirements are being met. Mr. Berke suggested that the size of the facility may need to be reduced to allow for adequate parking. He then suggested that there would not be enough parking in the summer let alone the winter when snow storage reduces the size of parking lots. Commissioner Hegland commented that it appears from the plan that there is room to show proof of parking or require more spots at this time. Mr. Berke commented that having vehicles that sit in a parking lot unattended with snow piling up on them are unsightly and these residents would have no one to clean off the cars for them much like the snowbird residents in his development. Mounds View Planning Commission April 3, 2002 Regular Meeting Page 6 ________________________________________________________________________ Commissioner Scotch explained that these are handicapped people who are not going to have that many vehicles parked in the parking lot. Mr. Berke commented that he has handicapped friends that are as mobile as he is and he feels most of those residents will want to have vehicles. Commissioner Scotch asked Mr. Bjerkesett for an average of vehicles owned over the course of his 24 years in business. Mr. Bjerkesett said he felt no more than 35% of residents would own a vehicle and the reason is that some of these residents are so disabled that the volume of equipment needed to make the car usable for their purposes is too cost prohibitive for them. He then commented that retrofitting automobiles to make them able to be driven by handicapped individuals is very expensive and these are low-income residents that simply cannot afford a vehicle. Mr. Bjerkesett pointed out that the site will be very generously landscaped and within three years the parking lot should be completely screened from the neighborhood. Commissioner Scotch indicated she drives the area and is concerned for putting in a nice facility and making sure that all requirements are met so that the facility enhances the neighborhood. Duane George of 2673 Lake Court Circle expressed concern for overnight guests and their vehicle parking. He then asked whether or not drug handicapped individuals would be residing in the facility. Acting Chair Miller clarified it would be physically disabled people. Mr. Bjerkesett indicated that the facility would not be for residents that are drug handicapped. Mr. George welcomed any physically handicapped people to the neighborhood but said he is opposed to having drug handicapped residents. Commissioner Hegland asked what dictates that residents must be physically handicapped in order to live at the facility. Mr. Bjerkesett indicated his financing requires him to rent the facility to those with physical disabilities. Mr. Bjerkesett clarified that any drug activity is not tolerated. Mr. George asked the minimum age of residents. Mr. Bjerkesett indicated residents need to be 21 to rent the apartment. Commissioner Hegland asked the definition of physical disability. Mounds View Planning Commission April 3, 2002 Regular Meeting Page 7 ________________________________________________________________________ Mr. Bjerkesett indicated that physical disability is defined as permanent physical disability of such a nature and degree that it affects the individuals ability to live independently in an environment with architectural barriers. Mr. Bjerkesett clarified that the definition does not include drug dependency. Mr. Bjerkesett explained that some governmental agencies include people with drug dependency in the definition of disabled but their definition does not include that. Commissioner Hegland asked how the facility could deny access to a resident with a drug dependency. Mr. Bjerkesett indicated that his facility is able to deny drug dependents because of the special features of the facility that the government is paying for to make it accessible for those with mobility impairments. Acting Chair Miller asked if a resident could be bedridden. Mr. Bjerkesett indicated it may be possible but that requires more care and the facility requires the individuals to live independently but that does not mean they cannot hire help they just have to supervise that help. Ms. Holden asked what percentage of the residents would be working. Mr. Bjerkesett indicated that 10 or 20% would work. Mr. George asked how many people would live in a single apartment. Mr. Bjerkesett indicated that two adults and two children are permitted per residence. Mr. George asked if there would be any mentally handicapped residents. Mr. Bjerkesett indicated that the residents need to live independently and would only have physical disabilities. Commissioner Zwirn asked Mr. Berke if he would be comfortable if the City required 40 parking stalls rather than the 30 parking stalls. Mr. Berke said if the project has to go through he would like to see as much parking as possible because every facility that comes through the applicant promises there will not be a parking problem and then there is and the residents suffer. Mr. George asked how many units would be built and how many staff members. Mounds View Planning Commission April 3, 2002 Regular Meeting Page 8 ________________________________________________________________________ The Commission explained it is a 20 unit facility with two stories and four or five employees. Mr. George asked if there would be underground parking. Commissioner Zwirn indicated there would be no garage. Commissioner Zwirn asked if there would be any drain basins similar to the Mezzenga situation that the City should be aware of. Planner Atkinson said no and indicated that public works had reviewed the site for drainage and will look more closely at it when the building permit is pulled. Acting Chair Miller asked if the Commission could require further proof of parking. Community Development Director Ericson indicated that, as a condition of granting the variance, the Commission could require either proof of parking or additional parking up front. Mr. George commented that earlier it was stated that residents had to be 21 years of age to live there but then it was stated that there could be a family of four with children. Mr. Bjerkesett explained residents would need to be 21 to rent the apartment. Acting Chair Miller said she would prefer to require proof of parking because she does not want to sacrifice green space for parking that is not needed. Community Development Director Ericson asked Mr. Bjerkesett how difficult it would be to add proof of parking to the site plan and add that parking after the fact, if it became necessary. Mr. Bjerkesett indicated it would not be difficult to show proof of parking and add it if the City determines it is needed at a later date. He also commented that he would prefer to wait to see if extra parking is needed and would be happy to add it if it is determined to be necessary. He then noted that the original plan had shown 40 stalls. Commissioner Scotch asked if adding the parking would take away from the landscaping. Mr. Bjerkesett indicated that some landscaping would need to be removed to include extra parking and said he would prefer to show it as proof of parking right now. Commissioner Zwirn asked if there would be surveillance cameras or lighting in the parking lot to eliminate congregating in the parking lot. Mr. Bjerkesett indicated there would be lighting but no cameras in the parking lot. Mr. George asked if the lighting would be directed lighting. Mounds View Planning Commission April 3, 2002 Regular Meeting Page 9 ________________________________________________________________________ Acting Chair Miller indicated that all lighting has to stay on the property. Commissioner Hegland asked how it would be determined that additional parking is needed. Community Development Director Ericson indicated there are no standards or criteria to determine the need for additional parking but Staff could review the matter and base its decision on whether there are parking complaints from the area. Commissioner Scotch suggested contacting Silverview Plaza to ask for permission to direct overflow parking to the area behind the shopping center because it is unused parking. Community Development Director Ericson indicated that was a component of the previous development. Commissioner Hegland said he would like to see proof of at least 10 more spots. Community Development Director Ericson indicated the resolution could be amended to include proof of parking and a requirement for review in one year to determine the sufficiency of the parking. Commissioner Hegland asked that a provision be included in the resolution to state how long the facility would have to comply with a request to install additional parking. Commissioner Hegland asked that the terminology used to describe mobility impaired be included in the resolution. He then asked that the resolution specify that there are extra handicapped spots beyond what is normally required. Acting Chair Miller asked that the proof of parking be added. It was the consent of the Commission to review the reworded resolution at the next meeting. Commissioner Zwirn asked Staff to address the fact that the entire Association was not noticed for an issue that impacts the Association. Planner Atkinson apologized for not notifying the entire Association and indicated he was not aware that the City had agreed to do so. He said that all properties within 350 feet were notified as required. He then indicated he would look into the matter to ensure that proper notice is given to the entire Association on subsequent issues. Mr. Berke indicated that the City could photocopy notices and insert them into the box at 2749 Lake Court rather than mailing them to all Association members. Mounds View Planning Commission April 3, 2002 Regular Meeting Page 10 ________________________________________________________________________ MOTION/SECOND: Hegland/Zwirn. To Table Resolution 690-02, a Resolution Recommending Approval of a Variance from the Minimum Parking Requirement for a Proposed Housing Facility Located at the Southeast Corner of Mounds View Drive and County Road I to Allow Staff Time to Amend the Resolution as Requested. Ayes – 5 Nays – 0 Motion carried. ______________________________________________________________________________ 6. Discuss Possible Changes to the Zoning Code Relating to Temporary Outdoor Sales. Planner Atkinson indicated Staff was seeking input concerning the process for regulating outdoor sales within the City. He then explained that currently there are two ways to handle outdoor sales one with an administrative permit and the other with a conditional use permit and Staff is trying to clean up the process. Commissioner Hegland said he thought the City addressed the issue with a renewable special use permit. Planner Atkinson indicated there are a few vendors with a renewable special use permit and then said it may be possible to set a time period or look at the size of the event to determine the type of permit required. Commissioner Song asked if the City requires permits for garage sales. Planner Atkinson indicated the City does not require permits for garage sales. The Commission indicated that it does not want to require a permit for one or two garage sales per year. Acting Chair Miller asked if there are regular vendors throughout the year. Community Development Director Ericson indicated the Christmas tree people are the same every year but asked why there should be the inconsistency with the Christmas trees and the way the farmers market is handled. Community Development Director Ericson indicated Staff would draft some language for the Commission to review. ______________________________________________________________________________ 7. Discuss Possible Changes to the Zoning Code Pertaining to Home Occupations Community Development Director Ericson explained the Planning Commission had worked on this a year ago and the end result was to eliminate on-street parking. He then explained that Staff has been receiving requests from individuals to operate certain types of businesses in their homes Mounds View Planning Commission April 3, 2002 Regular Meeting Page 11 ________________________________________________________________________ and is looking for direction of the Commission as to whether certain types of businesses should not be allowed because currently if it does not cause a nuisance anything is allowed. Community Development Director Ericson indicated the main issue with the Code is it does not seem to be enforceable. Commissioner Scotch said a business could continually be a nuisance and using the language of the Code could pay the fine and continue to operate. Community Development Director Ericson indicated the City recently took a homeowner to court after a lengthy investigation involving hundreds of Staff hours and the judge issued a $50.00 suspended fine and ordered them not to conduct business for one year but the individual is already back in business. He then suggested not allowing residents to work out of garages. Acting Chair Miller indicated that when residents come asking for larger garages the City requires that they not work out of them. Community Development Director Ericson indicated that theoretically someone could do any of the businesses in the business code from their home. He then said the intent of the code is not to prevent home businesses but to ensure the residential feel of the neighborhood and not allow the operation of a commercial business out of homes. Community Development Director Ericson asked whether the business should be limited to the interior of the home and, if so, what percentage of the home. He then asked if retail sales should be prohibited and whether delivery trucks be restricted. Acting Chair Miller asked whose responsibility it would be to monitor activity and enforce the restrictions. Commissioner Hegland indicated he did not think the City could fairly decide what types of business not to allow. Community Development Director Ericson indicated there may be a way to do so without limiting the specific businesses. He then said he personally feels that certain types of businesses should be prohibited. Commissioner Scotch commented that the City does not have any enforcement other than a $10.00 nuisance fine. She then suggested requiring a permit and fee to operate the business from the home because if starting a business outside of your home there are fees associated with doing so. Community Development Director Ericson indicated that requiring a permit would not get every home based business to register but most might and there would be a benefit to the business owner as well in the form of free advertising through the City. Mounds View Planning Commission April 3, 2002 Regular Meeting Page 12 ________________________________________________________________________ Commissioner Hegland said he did not see how instituting a permit fee would solve the enforcement issue Commissioner Scotch said she felt it would give the community the opportunity to know who is living next door and the ability to document nuisances against the business. Commissioner Hegland said that there is an underground economy not reporting its income, which is illegal, and the permit fee would not help the City with that type of activity. Commissioner Hegland suggested being specific enough to resolve the issue of whether the type of business fits into the residential area. He then said he does not think the City could make a list of disallowed businesses that would be good enough. Community Development Director Ericson indicated that some cities require registration with the State of Minnesota. Commissioner Zwirn indicated he has a major issue with government sticking its nose in private personal business. He then said that many major Fortune 500 companies started out of a garage and were not even thought of as a type of business. He further said he gets really offended when the government says you cannot have a mechanic working on cars in the garage. Commissioner Zwirn suggested that in order to do business out of your home you need to have insurance and the City could use insurance as a way to limit the types of businesses by letting insurance companies disallow types of businesses. He then said we live in an entrepreneurial society and he does not feel the government should stick its nose into it. He further stated that the boundaries of a person’s property have always been sacred and should stay that way. Commissioner Zwirn indicated that in a lot of cases it is necessary to start the business in the home for economic reasons. He then said that when the business starts becoming an issue for the neighborhood then it is time to start regulating it and move it to a commercial location. Community Development Director Ericson explained that the City’s Code currently does not allow for stepping in to regulate situations that are causing issues for the neighborhood other than through the nuisance code. Commissioner Hegland indicated he would like to have defined what is necessary to make the code more enforceable. Acting Chair Miller asked whether it would help to put a percentage limit in the Code. Commissioner Zwirn indicated the insurance industry has restrictions with regard to how much of the home can be used for business before the homeowner’s policy would be cancelled. He then suggested looking at insurance requirements for registering the businesses and requiring a certificate of insurance be filed with the City. Mounds View Planning Commission April 3, 2002 Regular Meeting Page 13 ________________________________________________________________________ Commissioner Hegland cautioned that insurance is not necessary for some businesses. He then asked why there was an issue with the court enforcing the Code. Community Development Director Ericson indicated that it takes a lot of Staff work to gather evidence for one case to get it to court and then there are judges who do nothing more than issue a $50 suspended fine. He then said that Staff is hoping to make some changes to the Code that would aid in the enforcement of the Code because residents should be assured that there will not be a commercial business operating out of the house next door. He further stated that he feels the City has a responsibility to its residents to step in and regulate a business if it is causing issues for the neighborhood. Commissioner Zwirn commented that approximately 20 years ago there were some establishments that started out in their garages and basically operated a retail operation out of the garage and have since grown into legitimate businesses within the City and that is why he is concerned about limiting that type of use. Commissioner Scotch said there are cases where there is a renter that operates a home based business that has four employees and the City has no way to control that type of situation. Commissioner Song indicated that as long as a business is not disturbing the neighborhood the City would not need to get involved but reserves the right to do so if there becomes an issue. Community Development Director Ericson indicated that if you are bothering your neighbors you are in violation of the Code but that does not seem to be much of an incentive to stop. Commissioner Scotch indicated there is a lawn and garden business in her area that is just starting to grow that will cause issues shortly in the neighborhood. Community Development Director Ericson indicated he had spoken to Commissioner Johnson and he is opposed to defining a list of businesses that should be prohibited. He is also opposed to the idea of prohibiting businesses in the garage but has said he does think registration or licensing is a good idea. Commissioner Scotch said she felt registration would help assure the neighbors of safety. Community Development Director Ericson asked for direction. Acting Chair Miller asked whether the Commission felt requiring a permit or registration fee was appropriate. Commissioner Hegland said he would like a better definition of what the City is really trying to accomplish with the changes. Community Development Director Ericson indicated he would like to try to prevent problems not just fix them once they occur. Mounds View Planning Commission April 3, 2002 Regular Meeting Page 14 ________________________________________________________________________ Commissioner Scotch asked Staff to compare the City’s Code to the Codes of surrounding cities to see what is different. Community Development Director Ericson said he feels the City needs a criteria or registration so that, if there is an issue and the business has not registered, the City can proceed based on a violation of the Code. Commissioner Zwirn asked what the point of improving the Code would be if the City is faced with weak-knee judges that do nothing anyway. Commissioner Hegland suggested setting up a fine structure. Community Development Director Ericson indicated that violation is a misdemeanor punishable by a $750.00 fine and 90 day jail sentence but no judge will impose that kind of fine. Community Development Director Ericson said Staff would put together some additional information for discussion next month. _____________________________________________________________________________ 8. Next Planning Commission Meeting: April 17, 2002 ______________________________________________________________________________ 9. Adjournment to Agenda Session There being no further business before the Planning Commission, Acting Chair Miller adjourned the meeting at 9:02 p.m. (The meeting immediately adjourned to the Agenda Session) Respectfully submitted, James Ericson Community Development Director Transcribed by: Joan Lenzmeier TimeSaver Off Site Secretarial, Inc.