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HomeMy WebLinkAbout01-19-2000 PROCEEDINGS OF THE MOUNDS VIEW PLANNING COMMISSION CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting January 19, 2000 Mounds View City Hall 2401 Highway 10, Mounds View, MN 55112 1. Call to Order The meeting was called to order by Chairperson Peterson at 7:00 p.m., January 19, 2000. 2. Roll Call Members Present: Chairperson Peterson, Commissioners Berke, Hegland, Johnson, Kaden, Laube, Miller, and Stevenson. Members Absent: Commissioner Braathen, leave of absence. Also Present: Planning Associate Jim Ericson, Council Liaison Dan Coughlin, and Recorder Trish Pearson. Index to Minutes Page Planning Case No. 578-99, 2442 Laport Drive. Consideration of a variance request for a reduced side-yard setback for the proposed home to be located at 2442 Laport Drive. Spencer Mistelske, Applicant. 2 Planning Case No. 579-99, 4649 Old Highway 8. Consideration of Resolution 603-00, a resolution approving a front yard setback variance for the building located at 4749 Old Highway 8. ASC Properties, LLC, Applicant. 3 Annual Review of Bylaws 4 Staff Reports / Items of Information 4 Chairperson and Planning Commissioners Reports 5 Mounds View Planning Commission January 19, 2000 Regular Meeting Page 2 3. Citizens’ Requests and Comments on Items Not on the Agenda There were no citizen requests or comments on items not on the agenda. 4. Approval of Minutes A. December 1, 1999 B. November 17, 1999 MOTION/SECOND: Stevenson/Miller to approve the December 1, 1999 and the November 17, 1999 meeting minutes, as corrected. Ayes – 8 Nays – 0 The motion carried. 5. Planning Case No. 578-99 Property Involved: 2442 Laport Drive Consideration of a variance request for a reduced side-yard setback for the proposed home to be located at 2442 Laport Drive. Applicant: Spencer Mistelske The applicant was not present. Planning Associate Ericson gave the staff report as follows: The applicant, Spencer Mistelske, is requesting a variance for a reduced sideyard setback to allow for the construction of a home on his property at 2442 Laport Drive. The subject property is located in an unimproved area, just off of Woodlawn Drive, and is adjacent to unimproved Faber Street. A 30-foot setback is required because one side of the subject property abuts unimproved Faber Street, and the applicant is seeking a 10-foot sideyard setback. Planning Associate Ericson stated there was significant discussion at the last regular meeting of the Planning Commission regarding this item, however, there has been no resolution as to how the matter should proceed. He explained that staff has attempted to maintain contact with the applicant, who is examining his options at this point, and further information should be available by the end of the week. Planning Associate Ericson explained that the time frame for consideration of this item provides that the Planning Commission is not required to take action at this time, therefore, staff would Mounds View Planning Commission January 19, 2000 Regular Meeting Page 3 recommend the item be tabled until the February 2, 2000 meeting of the Planning Commission. He indicated that if no word is received from the applicant by that meeting date, staff will draft a resolution to deny the request. He noted that the applicant might also withdraw his application, or request Planning Commission action, however, this is still undetermined. Commissioner Miller inquired if the applicant could request an extension of time. Planning Associate Ericson stated this was correct. He explained that the Planning Commission could also extend the matter for an additional 60 days, without concern that it might be approved accidentally, by virtue of non-action on the part of the City. He advised that the City is required to act upon all planning requests within 60 days, unless that time frame is extended, and the Commission could extend this matter for an additional 60 days. He reiterated that further information regarding how this matter will proceed should be available by the end of the week. MOTION/SECOND: Stevenson/Kaden. To Table Planning Case No. 578-99 Until the February 2, 2000 Meeting of the Planning Commission. Ayes – 8 Nays – 0 The motion carried. 6. Planning Case No. 579-99 Property involved: 4749 Old Highway 8 Consideration of Resolution 603-00, a resolution approving a front-yard setback variance for the building located at 4749 Old Highway 8. Applicant: ASC Properties, LLC. The applicant was not present. Planning Associate Ericson gave the staff report as follows: This item is a request for a variance to allow for a reduced front yard setback for an office- warehouse building located at 4749 Old Highway 8. The applicant, ASC Properties, LLC is the new owner of the subject property, which is in the process of changing hands. An application for variance has been requested in order to provide for a clean transfer of the property. Planning Associate Ericson advised that a variance is required because the building, according to a recent survey, encroaches into the front yard setback by approximately 2 to 3 feet, on the north end of the property. He noted that the property curves slightly, therefore, the building maintains the required 40-foot setback toward the south end of the property. Mounds View Planning Commission January 19, 2000 Regular Meeting Page 4 Planning Associate Ericson stated staff believes a hardship exists in this case, in that the property owner, who is purchasing the property, was not involved in the construction of the building. He added that the construction of the structure at the 37-foot setback was not intentional, but most likely, the result of an error at the time the site was improved. Planning Associate Ericson stated staff has drafted Resolution 603-00, which approves the variance request, and would allow the established setback of 37.33 feet. He explained that as with any variance approval, there is a stipulation that the resolution shall be recorded with Ramsey County. He advised that another stipulation indicates that the approved reduced setback shall be as shown on the survey on file with the Community Development Department. He explained this stipulation provides that the reduced setback will only apply to that area that exceeds the 40-foot setback, and does not allow a 37-foot setback for the entire building. Chairperson Peterson inquired if there was any change in the right-of-way during the reconstruction of Old Highway 8, a few years prior. Planning Associate Ericson stated he did not believe any changes were made at that time. Chairperson Peterson noted this non-conformity has probably existed for the last 22 years. Planning Associate Ericson stated this was correct. MOTION/SECOND: Johnson/Laube. To Approve Mounds View Planning Commission Resolution No. 603-00, a Resolution Approving a Variance from Section 1104.01, Subd. 4, of the Mounds View Zoning Code Pertaining to Setbacks to Allow for a Reduced Front Yard Setback for an Existing Office-Warehouse Building Located at 4749 Old Highway 8, Mounds View Planning Case No. 579-99. Ayes – 8 Nays – 0 The motion carried. 7. Annual review of Bylaws Planning Associate Ericson stated staff would request the Planning Commission postpone the review of the Bylaws until their next meeting. He explained that according to the Bylaws, this review is supposed to occur during the first meeting in February, however, this item was inadvertently placed on the agenda at this time. He indicated that staff would include a copy of the Bylaws in the Commissioners’ packets in order to provide sufficient time for review, prior to the meeting. 8. Staff Reports / Items of Information A. Previous Council Actions (1/10/00) Mounds View Planning Commission January 19, 2000 Regular Meeting Page 5 Planning Associate Ericson updated the Commission regarding previous Council actions. He stated at the January 10, City Council meeting, the Council held second reading and adoption of Ordinance 642, which amends the Code pertaining to driveways and curb cut widths. He indicated a request for a Wetland Buffer Permit for Jamie Sharp, at 2551 Ridge Lane, was approved, with a number of stipulations. He explained that one of the stipulations indicates that the City and the applicant enter into a development agreement, and that agreement is currently being drafted. Council Liaison Coughlin indicated the Council also approved Resolution 5408, which approves a request for a six-month extension for the Comprehensive Plan. Planning Associate Ericson stated no planning cases have been scheduled to come before the Planning Commission at their next meeting. He indicated that the City is currently involved in discussions with TOLD Development Company regarding their concept plan for a Planned Unit Development. He advised that this matter will come before the Planning Commission for review in the near future, however, at this point, staff has not received an application in this regard. 9. Chairperson and Planning Commissioners Report No reports were considered. 10. Adjournment There being no further business before the Planning Commission, Chair Peterson adjourned the meeting at 7:13 p.m. (The meeting immediately adjourned to the Agenda Session) Respectfully submitted, Rick Jopke Community Development Director Transcribed by: Trish Pearson TimeSaver Off Site Secretarial, Inc. N:\DATA\USERS\BARBB\SHARE\January 19, 2000 -- Planning Commission Minutes.DOC