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HomeMy WebLinkAbout10-16-2002 PROCEEDINGS OF THE MOUNDS VIEW PLANNING COMMISSION CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting October 16, 2002 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 16, 2002. ______________________________________________________________________________ 2. Roll Call Members Present: Commissioners Stevenson, Song, Zwirn, Miller and Scotch Members Absent: Hegland (excused) and Johnson (excused) Also Present: Community Development Director Ericson and Planner Atkinson ________________________________________________________________________ Index to Minutes Page Planning Case VR02-010 2 Location: 7720 Edgewood Drive Applicant: Violet Woods Planning Case VR02-011 Location: 7622/7624 Woodlawn Drive Applicant: Violet Woods ______________________________________________________________________________ 3. Approve Minutes a. September 18, 2002 MOTION/SECOND: Miller/Zwirn. To Approve the Minutes of the Planning Commission for September 18, 2002 as Presented. Ayes – 5 Nays – 0 Motion carried. ______________________________________________________________________________ Mounds View Planning Commission October 16, 2002 Regular Meeting Page 2 ________________________________________________________________________ 4. Citizens Requests and Comments on Items Not on the Agenda None. __________________________________________________________________________ 5. Planning Case VR02-010 Planner Atkinson explained that the applicant has requested a variance to construct an addition to an existing driveway that would increase the width of the curb cut to 27 feet. He then indicated that the Zoning Code limits the width of curb cuts to 24 feet in an R-1 zoning district. Planner Atkinson indicated that, for the variance to be approved, the seven criteria need to be met. He then indicated that Staff found it difficult to establish a hardship with this case and has drafted a Resolution of denial. Commissioner Song asked why the City requires the 24 feet. Planner Atkinson indicated that the 24 feet has been in the Code for a long time and it is a way for the City to keep properties consistent and eliminate large paved areas at the street. Commissioner Zwirn asked if the applicant had been told that if she were to widen the driveway to 24 feet rather than to 27 feet no variance would be required. Planner Atkinson indicated that Staff had discussed that with the applicant but the applicant had indicated a preference to have the driveway square all the way to the street. Chair Stevenson commented that he had trouble finding a way to meet the hardship requirement with this request. Commissioner Zwirn asked if there were any conditions governing when the driveway had to narrow to 24 feet. Community Development Director Ericson indicated that the City would require that the 24 foot wide width begin at the right-of-way. MOTION/SECOND: Miller/Zwirn. To Approve Resolution 713-02, a Resolution Denying a Variance from the Maximum Curb Cut Width Requirement for a Proposed Driveway Addition. Ayes – 5 Nays – 0 Motion carried. _____________________________________________________________________________ Mounds View Planning Commission October 16, 2002 Regular Meeting Page 3 ________________________________________________________________________ 6. Planning Case VR02-011 Planner Atkinson explained that the applicant had requested a variance to allow a previously constructed driveway addition to remain that is wider than what is allowed in the Zoning Code. He then explained that the driveway is currently 41 feet wide and the Zoning Code limits the curb cut width to 32 feet in R-2 zoning districts. Planner Atkinson outlined the two issues with this case as the curb cut being too wide and the driveway width being too wide. He then explained that the driveway existed before the new addition and it existed at 41 feet. He also explained that Staff had done some research and found a permit card that said the applicant was to appear before Council but Staff found no language explaining why the nonconforming driveway was allowed. Planner Atkinson said that Staff feels the expansion of a nonconforming use is secondary to the curb cut issue in this case the Planning Commission should focus on the curb-cut. He then indicated that Staff found it difficult to meet the hardship requirement for this matter and has prepared a Resolution of denial. He also noted that, if the variance were denied, the applicant would need to remove that section of the driveway that has already been constructed. Chair Stevenson indicated that only the section between the right-of-way and the street would need to be removed. Commissioner Zwirn asked how long the applicant has owned the property. Planner Atkinson indicated the property was purchased by the applicant last year. Commissioner Zwirn asked how long the 41-foot driveway has existed. Planner Atkinson indicated that the 41-foot driveway was constructed by the previous owner but Staff is unsure how long ago. Commissioner Miller commented that she wondered why the person installing the driveway would not be aware that a permit was required. Commissioner Zwirn said he feels the hardship could be met from the standpoint that people have been using the grassy area as a turnaround and causing damage that the landlord owner continually has to repair. He then said that she did do something without coming to the City for a permit but he hesitates to penalize her for attempting to solve a maintenance issue at her rental property. He also indicated he would like to have the applicant come before the Commission to discuss the matter. Commissioner Zwirn commented that he feels there is a burden on the City because there is no clear record keeping as to the permit and she should not be faulted for that. Mounds View Planning Commission October 16, 2002 Regular Meeting Page 4 ________________________________________________________________________ Commissioner Scotch said she feels that the Commission should be consistent and that would mean denial of the request. Commissioners Song and Zwirn indicated a desire to table the matter for further information from the applicant. Commissioner Miller indicated the request needed to meet the criteria to be granted. Commissioner Zwirn said he feels that hardship may be met because people are abusing the property. MOTION/SECOND: Zwirn/Song. To Table This Matter To the Next Planning Commission to Allow for the Applicant to be Present to Answer Questions. Ayes – 2 Nays – 3 (Scotch/Stevenson/Miller) Motion failed. MOTION/SECOND: Miller/Stevenson. To Approve Resolution 714-02, a Resolution Denying a Variance from the Maximum Curb-Cut Width Requirement for a Previously Constructed Driveway Addition. Ayes – 3 Nays – 2 (Zwirn/Song) Motion carried. Community Development Director Ericson indicated that Staff has no planning cases on the schedule for November 6, 2002 and asked for authorization to cancel the meeting. It was the consent of the Commission to cancel the regularly scheduled meeting on November 6, 2002. ______________________________________________________________________________ 7. Next Planning Commission Meeting: November 20, 2002 ______________________________________________________________________________ 8. 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.