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Home My WebLink About 823-06 to 857-06MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 823-06 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING ACQUISITION OF THE PREMIUM STOP PARCEL LOCATED AT 2390 COUNTY ROAD 10 WHEREAS, the Mounds View Planning Commission is required to review proposed acquisitions of real property within the City by the City; and, WHEREAS, the 55,756 square foot commercially zoned parcel located at 2390 County Road 10, improved with the "Premium Stop" gas station, is blighted property with nuisance and building code violations; and, WHEREAS, the parcel is for sale and the property owner is willing to consider a sale to the City; and, WHEREAS, the property is zoned B-3 (Highway Business) and has a Future Land Use Map designation of Highway Convenience; and, WHEREAS, the purpose of the subject property acquisition would be to facilitate the redevelopment of this corner of the County Road H2/ County Road 10 intersection; and, WHEREAS, a broad goal of the Comprehensive Plan is to maintain a cohesive land use pattern that ensures compatibility and a functional relationship between activities and uses. This statement is further consistent with the community's desire for coordinated and meaningful development and redevelopment along the County Road 10 corridor. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Mounds View finds that the proposed acquisition of the property located at 2390 County Road 10 would be consistent with the Comprehensive Plan. BE IT FINALLY RESOLVED that the Planning Commission directs staff to forward this resolution to the City Council prior to approval of the minute�. Adopted this 18th day of January, 2006. � ? /;; //- ,I /i/��'---t. � Gary Stev�rison, Chairperson `� ATTEST , ��,�,��'�l, �2,�,u_� �t�-� � James Ericson Community Development Director (SEAL) MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 824-06 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION OF THE CITY OF MOUNDS VIEW PLANNING COMMISSION FINDING THAT A MODIFICATION TO THE PROJECT PLAN FOR THE MOUNDS VIEW ECONOMIC DEVELOPMENT PROJECT AND A MODIFICATION TO THE TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 5 CONFORM TO THE GENERAL PLANS FOR THE DEVELOPMENT AND REDEVELOPMENT OF THE CITY. WHEREAS, the City Council for the City of Mounds View, Minnesota, (the "City") has proposed to adopt a Modification to the Project Plan for Mounds View Economic Development Project (the "Project Plan Modification") and adopt a Modification to the Tax Increment Financing Plan for Tax Increment Financing District No. 5(the "TIF Plan Modification") therefore (the Project Plan Modification and the TIF Plan Modification are referred to collectively herein at the "Modifications") and has submitted the Modifications to the City Planning Commission (the "Commission") pursuant to Minnesota Statutes, Section 469.175, Subd. 3; and, WHEREAS, the Commission has reviewed the Modifications to determine their conformity with the general plans for the development and redevelopment of the City as described in the comprehensive plan for the City. NOW, THEREFORE, BE IT RESOLVED by the Commission that the Modifications conform to the general plans for the development and redevelopment of the City as a whole. � Adopted this 1 st day of February, 2006 , �i _ ��j� Lj- � -z Ga`ry Steve�json, Chair ATTEST: Jt,�v`. �-�,�-c,-- Jim Ericson, Community Dev. Director (SEAL) MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 825-06 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF THE "HIDDEN HOLLOW SOUTH" PRELIMINARY PLAT MOUNDS VIEW PLANNING CASE NO. MA2006-001 WHEREAS, Dan Saplis, Inc. (Dan Saplis) has requested approval of a preliminary plat for the "Hidden Hollow South" major subdivision on land located on the western boundary of the city limits and north of Woodale Drive legally-described as follows: Knollwood Park, Ramsey County, Minnesota, Lots 47 and 48. WHEREAS, The above-described lands are zoned R-1, Single-Family Residential and are designated as Single-Family Detached on the Comprehensive Plan; and, WHEREAS, Dan Saplis has submitted a Preliminary Plat for the major subdivision which creates 6 buildable lots, dedicating the proposed public street right of way as "Pleasant View Drive"; and, WHEREAS, the community development and public works staff, the city engineer and the city attorney have all reviewed the preliminary plat and finds that it satisfies the minimum subdivision requirements as articulated in Titles 1100 and 1200 of the Mounds View Municipal Code and complies with county platting requirements; and, WHEREAS, in accordance with Section 1204.04, Subd. 4, the subdivision is subject to a park dedication fee which would be equivalent to 10% of the assessed value of the project land area, which been determined to be $20,160; and, WHEREAS, the proposed subdivision is within a Rice Creek Watershed District designated wetland area; and, WHEREAS, the grading and drainage plan has been reviewed and approved by the City Engineer subject to minor revisions and subject to Rice Creek watershed District approval; and, WHEREAS, the Mounds View Planning Commission has reviewed the following documents regarding this proposal: 1. Planning Application 2. Preliminary Plat 3. Zoning Map 4. Aerial View 5. Site Plan 6. Utility Plan 7. Grading Plan 8. Staff Report F.esolution 825-06 Page 2 NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission recommends approval of the Hidden Hollow preliminary Plat submitted by Dan Saplis subject to the following conditions: 1. The preliminary plat shall be revised by widening Pleasant View Drive to the minimum width required in order to allow parking on one side of the street. 2. The applicant shall arrange to have an acceptable title commitment provided to the City Attorney for review prior to the approval of the subdivision by the City Council. 3. Dan Saplis shall pay a park dedication fee in an amount to be determined by the Mounds View City Council. 4. Dan Saplis shall enter into various agreements with the City and/or the EDA including (but not limited to) the Purchase and Redevelopment Agreement, the Developers Agreement and the Petition and Waiver Agreement. 5. Dan Saplis shall take all steps to save any trees possible during the construction and shall make arrangements to have a minimum of two trees planted in each front yard upon project completion and sod all yard areas. 6. Dan Saplis shall obtain approval from Rice Creek Watershed District and the Minnesota Pollution Control Agency before construction activity commences. 7. All utilities within the development area and to the individual home sites shall be located underground. 8. Dan Saplis shall apply for Final Plat approval no later than July 5, 2006 or the Preliminary Plat approval will become null and void. BE IT FURTHER RESOLVED that the Mounds View Planning Commission directs staff to forward this resolution to the City Council prior to approval of the minutes. Adopted this 1 st day of February, 2006. � ,;� , , L:_ G;(/� _" _ '^�,� Gary Steven on, Chairperson �— � ATTEST: � c � � � ,. , C ; (�',c.. �,�i l "—� James Ericson Community Development Director (SEAL) MOUNDS VIEW PLANNING COMMISSION RESOLUTION 826-06 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF DEVELOPMENT REVIEW FOR A 16,150 SQUARE FOOT ADDITION TO THE C.G. HILL BUILDING; MOUNDS VIEW PLANNING CASE DE2006-001 WHEREAS, Tim Hill, owner of C.G. Hill & Sons currently located at 5150 Quincy Street, plans to construct a 16,150 square foot single story addition to his current building; and, WHEREAS, the lot in question is zoned PUD which includes "Industrial" as those uses allowable on the subject parcel; and, WHEREAS, the subject parcel is legally described as Mounds View Business Park East Addition That Part of Lof 1 Block 1 In T.i.75 1985; and, WHEREAS, Chapter 1006 of the Mounds View City Code requires all new commercial development to be reviewed by the Planning Commission for consistency with all codes, regulations and requirements; and, WHEREAS, this expansion is consistent with the original PUD plans, WHEREAS, the Planning Commission has reviewed the following documents relative to this request: 1. Staff Report 2. Planning Application 3. Zoning Map 4. Interior and Exterior Site Plans 5. Aerial View 6. Photographic Documentation NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission has reviewed the request for a 16,150 square foot addition to the existing C.G. Hill & Sons building and recommends approval subject to the following condition: 1. The applicant shall install sod and landscape all disturbed areas and replace trees at a 1:1 ratio no later than 60 days beyond issuance of the Certificate of Occupancy, weather permitting. 1 BE IT FINALLY RESOLVED thatthe Mounds View Planning Commission directs staffto forward this resolution to the City Council prior to approval of the minutes. Adopted this 15th day of February, 2006. ATTEST: (SEAL) \ \ , ; ��=U � �`2 .�C-� Je�n Miller, Vice Chairperson i �,._, �.� CL�.� �=,(',`-�,1�;•t� James Ericson Community Development Director MOUNDS VIEW PLANNING COMMISSION RESOLUTION 827-06 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF PLANNED UNIT DEVELOPMENT AMENDMENT RELATING TO PARKING REQUIREMENTS FOR THE WALGREENS PUD; MOUNDS VIEW PLANNING CASE PA2005-001 WHEREAS, Dr. Greg Belting, owner of Silverview Chiropractic currently located at 2552 County Road 10, is the owner of the lot located at 5360 Edgewood Drive (the vacant lot behind Walgreens) upon which he intends to construct an 8,300 square foot single story multi-tenant office building; and, WHEREAS, the lot in question is zoned PUD which was recently amended to include "Office Uses" as those uses allowable on the subject parcel; and, WHEREAS, the subject parcel is legally described as Lot 2, Block 2; Mounds View City Hall Addition; and, WHEREAS, Chapter 1120 of the Mounds View City Code relating to Planned Unit Developments allows for some flexibility in the strict application of dimensional and zoning requirements; and, WHEREAS, Dr. Greg Belting is requesting thatthe numberof parking stalls required for this site be amended to reflect a"One space per 200 square feet of Office Space" ratio. WHEREAS, the Planning Commission has reviewed the following documents relative to this request: 1. Zoning Map 2. Walgreens PUD Document 3. Site Plan 4. Staff Report NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission has reviewed the request for an amendment of the PUD to reflect the "one space per 200 square feet of office space" ratio (43 stalls) and recommends approval of said amendment. I Resolution 827-06 Page 2 BE IT FINALLY RESOLVED that the Mounds View Planning Commission directs staff to forward this resolution to the City Council prior to approval of the minutes. Adopted this 15th day of February, 2006. ATTEST: (SEAL) � \ �' �/� � � �L L�h � �t ZtiC li�N Je�n Miller, Vice Chairperson v , �.,, •�_,c:i.-Vwi.� c�I�v�C:�L•— James Ericson Community Development Director MOUNDS VIEW PLANNING COMMISSION RESOLUTI�N NO. 828-06 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF A CONDITIONAL USE PERMIT TO ALLOW FOR AN ENVIRONMENTAL PROCESSING CENTER AT 4889 OLD HIGHWAY 8; PLANNING CASE NO. CU2006-001 WHEREAS, Merlin Brisbin, Star Environmental, Inc. has applied for a conditional use permit to allow for an environmental processing center; and, WHEREAS, the three subject properties, located at 4889 Old Highway 8, are zoned I-1, Industrial, and are legally described as follows: See Exhibit A WHEREAS, the Mounds View Zoning Code conditionally allows manufacturing, compounding, processing, packaging or treatment of cosmetics, pharmaceuticals and food products and the rendering or refining of fats and oils as a conditional use in Industrial districts; and, WHEREAS, the Planning Commission has reviewed the following documents regarding this proposal: 1. Staff Report 2. Application 3. Letter of Approval & Support from the Metropolitan Council 4. Zoning Map 5. Aerial View 6. Comp Plan Future Land Use Map 7. Photographic Documentation 8. Resolution 828-06 9. Flyer about an Environmental Processing Center business 10. Proposed Site Plans � NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission makes the following findings of fact related to the conditional use permit request: 1. The request is consistent with the Mounds View Comprehensive Plan in that the Comprehensive Plan encourages new business in Mounds View. 2. The proposed environmental processing center would not be out of place given the character and geography of the surrounding area involved and the size of the subject property which is able to accommodate the facility. 3. The proposed Environmental Processing Center would not depreciate the surrounding area. 4. The applicant has sufficiently demonstrated that a need exists for the proposed business. NOW, THEREFORE, BE IT FURTHER RESOLVED that the Mounds View Planning Commission recommends approval of the conditional use permit for the 11,200 square foot environmental processing center, with conditions as follows: 1. The applicant shall consolidate parcels, if such action is required by the City Attorney. 2. The applicant shall apply for a Development Review of the facility. 3. The applicant shall adhere at all times to Section 607 of the City Code in regards to nuisances; particularly regarding Noise, Section 607.08, and Odor, Section 607.03. BE IT FINALLY RESOLVED that the Mounds View Planning Commission directs staff to forward this resolution to the City Council prior to approval of the minutes. Adopted this 15�" day of March, 2006. _ �__._-�-___ .�._ . _ . _ - -�— —__--' - - -- ......_,. � � �� v--� �� Gary Steve son, Chairperson ATTEST: ; ,1.1,t, '� < (,'._._.v.,�� James Ericson, Community Development Director ; (SEAL) EXHIBIT A PARCEL 1: All that part of the South 175 feet of the North'/4 of the Southeast'/4 of the Northeast'/4 of Section 17, Township 30, North, Range 23 West, Ramsey County, Minnesota, lying Northeasterly of a line run from a point on the North line of said North'/2, 558.78 feet West from the Northeast corner there to a point on the South line of said North '/z, 504.33 feet West of the South corner thereof and lying Southwesterly of a line run from a point on the North line of said North Yz, 385 feet West from the Northeast corner thereof to a point on the South line of said North 'h, 250 feet West from the Southeast corner thereof, said line being the Southwesterly right-of-way line of S.T.H. #8, except therefore all that part of the Northeasterly 130 feet measured at right angles from said right-of-way line thereof lying North of the South 75 feet of said North'/z and except therefrom the South 30 feet of the said North Yz, subject to S.T.H. #8. PARCEL 2: A strip of land 130 feet wide measured at right angles Southwesterly of and adjacent to, a line running Southeasterly from a point on the North line of the Southeast'/4 of the Northeast'/4 of Section 17, Township 30, Range 23, and 385 feet from the East line of said Section 17, to a point on the South line of the North '/z of the Southeast'/ of the Northeast'/4 of said Section 17 and 250 feet from the East line of said Section 17, and measuring 132.94 feet on the North line of said Southeast'/ of Northeast'/4 and 132.92 feet on the South line of said North Yz of the Southeast Y4 of the Northeast'/4 excepting the North 75 feet and the South 75 feet of said tract, containing a total of 1.56 acres, more orless. PARCEL 3: All that part of the North'/z of the Southeast'/4 of the Northeast'/4 of Section 17, Township 30 North, Range 23 West, Ramsey County, Minnesota, lying Northeasterly of a line run from a point on the North line of said North'/z, 558.76 feet West of the Northeast corner thereof to a point on the South line of said North'/z, 504.33 feet West of the Southeast corner thereof and lying Southwesterly of a line run from a point on the North line of said North'/2, 385 feet West from the Northeast corner thereof to a point on the South line of said North '/2, 250 feet West from the Southeast corner thereof, said line being the Southwesterly right-of-way line of S.T.H. #8, except therefrom all that part lying in the South 175 feet of said North'/2 and also excepting therefrom all that part of the Northeasterly 130 feet measured at right angles to said right-of-way line, lying South of the North 75 feet of said North'/, subject to S.T.H. #8. � MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 829-06 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION REAFFIRMING A RECOMMENDATION OF APPROVAL FOR A CONDITIONAL USE PERMIT FOR AN OVER-SIZED GARAGE AT 2832 WOODALE DRIVE; MOUNDS VIEW PLANNING CASE NO. CU00-004 WHEREAS, Thomas Stampfle has requested re-approval of an expired Conditional Use Permit to construct a 1,248 square-foot garage in the side yard of his property located at 2832 Woodale Drive, property zoned R-1, Single Family Residential, and legally described as follows: Lot 92, Knollwood Park Ramsey County, Minnesota WHEREAS, The Mounds View Zoning Code conditionally allows garages in excess of 952 square feet in area with a maximum accessory building area not to exceed 1,800 square feet; and, WHEREAS, the Planning Commission has reviewed the following documents regarding this proposal: a. Zoning Map b. Existing Site Plan c. Proposed Site Plan d. Photographic Documentation e. Letter from Applicant, dated 4/6/00 f. Staff Report WHEREAS, the applicant had received approval of a Conditional Use Permit (CUP) from the City on May 22, 2000 however the CUP expired due to non-use; and, WHEREAS, the applicant is now prepared to move forward with the construction and seeks re-approval of the CUP. NOW THEREFORE, BE IT RESOLVED, the Mounds View Planning Commission makes the following findings of fact related to the reapproval request: 1. The proposal satisfies the dimensional requirements as outlined in Chapters 1104 and 1106 of the Zoning Code. 2. The request is consistent with the Mounds View Comprehensive Plan in that the Comprehensive Plan encourages the development and maintenance of residential areas so as to improve the quality, appearance and attractiveness of housing units and residential property in general. Resolution 829-06 Page 2 3. The proposed garage would not be out of place given the character and geography of the surrounding area involved in that the lot is rather large and expanded garages are commonplace residential structural improvements which help keep properties neat and orderly. 4. The proposed garage would not depreciate the neighborhood in that the proposed garage would replace an older, structurally unsound garage with a sagging roof. 5. The proposed oversized garage would be adequately screened by a privacy fence, mature trees and a garage on the adjacent property. NOW THEREFORE, BE IT FURTHER RESOLVED, the Mounds View Planning Commission recommends re-approval of the conditional use permit with the following stipulations: 1. The applicant shall arrange to record the City Council resolution approving the conditional use permit with Ramsey County and provide proof of such recordation to the City within sixty days of Council approval or this permit shall be considered null and void. 2. The garage shall not be used for living space or other uses not allowed by the district in which it is located or by the Zoning Code. Should the use change for which the permit was granted, the conditional use permit shall be considered null and void. 3. The garage shall be designed and maintained to be aesthetically pleasing and complementary to the existing dwelling. 4. The Conditional Use Permit (CUP) shall become null and void if the work for which the CUP was granted is not completed within one year from the date of approvai unless a petition for extension of time in which to compiete the work has been granted by the City Council. BE IT FINALLY RESOLVED that the Mounds View Planning Commission directs staff to forward this resolution to the City Council prior to approval of the minutes. Adopted this 19th day of April, 2006. , ,,, �. . , i% ' ./ �% ��-_ Gary Stevenson, Chairperson ATTEST: Ji,m. ��-�/ Jim Ericson, Community Development Director (SEAL) MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 830-06 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF A CONDITIONAL USE PERMIT FOR AN OVER-SIZED GARAGE AT 8495 SUNNYSIDE ROAD; MOUNDS VIEW PLANNING CASE NO. CU06-002 WHEREAS, the applicants, Don and Diane Balk, have requested approval of a Conditional Use Permit to construct a 1,062 square-foot attached garage associated with a new home to be built at 8495 Sunnyside Road, property zoned R-1, Single Family Residential, and legally described as follows: Lot 2, Block 1, Balk's Addition Ramsey County, Minnesota WHEREAS, The Mounds View Zoning Code conditionally allows garages in excess of 952 square feet in area with a maximum accessory building area not to exceed 1,800 square feet; and, WHEREAS, the Planning Commission has reviewed the following documents regarding this proposal: a. Zoning Map b. Planning Application c. Proposed Floor Plan c. Proposed Building Eievations d. Photographic Documentation e. Property Survey f. Staff Report NOW THEREFORE, BE IT RESOLVED, the Mounds View Planning Commission makes the following findings of fact related to the request: The proposal satisfies the dimensional requirements as outlined in Chapters 1104 and 1106 of the Zoning Code. 2. The request is consistentwith the Mounds View Comprehensive Plan in thatthe Comprehensive Plan encourages the development and maintenance of residential areas so as to improve the quality, appearance and attractiveness of housing units and residential property in general. 3. The proposed garage would not be out of place given the character and geography of the surrounding area involved in that the lot is rather large and expanded garages are commonplace residential structural improvements which help keep properties neat and orderly. Resolution 830-06 Page 2 4. The proposed garage would not depreciate the neighborhood in that the garage would seamlessly blend into the design of the new, two-story home. 5. The proposed oversized garage would be adequately screened by the subject home, mature trees and a garage on the adjacent property. NOW THEREFORE, BE IT FURTHER RESOLVED, the Mounds View Planning Commission recommends approval of the conditional use permit with the following stipulations: The applicant shall arrange to record the City Council resolution approving the conditional use permit with Ramsey County and provide proof of such recordation to the City within sixty days of Council approval or this permit shall be considered null and void. 2. The garage shall not be used for living space or other uses not allowed by the district in which it is located or by the Zoning Code. Should the use change for which the permit was granted, the conditional use permit shall be considered null and void. The garage shall be designed and maintained to be aesthetically pleasing and complementary to the existing dwelling. The Conditional Use Permit (CUP) shall become null and void if the work for which the CUP was granted is not completed within one year from the date of approval unless a petition for extension of time in which to complete the work has been granted by the City Council. 5. Approval of the Conditional Use Permit in no way infers approval of any subsequent planning request. The height of the proposed garage shall satisfy the minimum requirements unless a variance is approved to allow a greater height. BE IT FINALLY RESOLVED that the Mounds View Planning Commission directs staff to forward this resolution to the City Council prior to approval of the minutes. Adopted this 19'h day of April, 2006. �� .�.� `"� Jv '' /��%U!/" \ ,� Gary Steu,, nson, Chairperson � ATTEST: J � ��-- Jim Ericson, Community Development Director (SEAL) MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 831-06 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A VARIANCE FOR A SEVENTEEN FOOT TALL GARAGE AT 8495 SUNNYSIDE ROAD; MOUNDS VIEW PLANNING GASE NO. VA06-001 WHEREAS, the applicants, Don and Diane Balk, have requested approval of a variance to construct a seventeen foot tall garage associated with a new home at 8495 Sunnyside Road, property zoned R-1, Single Family Residential, and legally described as follows: Lot 2, Block 1, Balk's Addition Ramsey County, Minnesota WHEREAS, the Mounds View Zoning Code in Section 1106.03 Subdivision 1bhas established the maximum height of an accessory building or garage to be no more than fifteen feet; and, WHEREAS, the applicants desire a taller garage to accommodate the parking of their recreation vehicle inside the third stall of the proposed garage; and, WHEREAS, the Planning Commission has reviewed the following documents regarding this proposal: a. Zoning Map b. Planning Application c. Front Elevations d. Photographic Documentation e. Location Map f. Staff Report NOW THEREFORE, BE IT RESOLVED, the Mounds View Planning Commission makes the following findings of fact related to the request: 1. The property is zoned R-1, Single Family Residential, and the applicants desire to construct a new home with an oversized garage on the corner lot. While the lot itself ineets all minimum requirements, being a corner lot there are additional setbacks which limit the areas in which the RV could be parked outside. Resolution 831-06 Page 2 2. The applicants desire to park their RV inside the garage not only for aesthetic reasons but also for security, maintenance issues and so as to not otherwise obstruct visibility on this corner lot. 3. While the Balks' ownership of an RV does prompt the request, the special conditions could be construed to be more "community" driven from the standpoint of visibility and aesthetics. 4. Granting the variance would not confer upon the property owner a special privilege in that every property owner has the right to apply for a variance to improve the function and livability of their home. Many improvements benefit the neighborhood in a broader sense. 5. The applicants assert that the additional two-feet of garage height would be minimally sufficient to permit the parking of the RV inside the garage. 6. Granting the two-foot variance to allow the RV to be parked inside the garage would not be materially detrimental to the purpose and intent of the zoning code. 7. While the Balks' garage would be taller than an average garage, the requested variance would not impair an adequate supply of light and air to adjacent properties or substantially increase the congestion of the public streets or increase the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood. NOW THEREFORE, BE IT FURTHER RESOLVED, the Mounds View Planning Commission, finding that the hardship criteria have been satisfied, approves the variance for a seventeen foot (17') tall garage, two feet (2') in excess of what is permitted by Code, at 8495 Sunnyside Road, subject to the following: 1. The variance shall become null and void if the work for which the variance was granted is not completed within one year from the date of approval unless a petition for extension of time in which to complete the work has been granted by the Planning Commission. Adopted this 3rd day of May, 2006. Gary ATTEST: ,, �__---�t--------_--- , _._ .._, ,/� �1/ / - _ Chairperson J �--�� Jim Ericson, Community Development Director (SEAL) i \ MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 832-06 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF A CONDITIONAL USE PERMIT TO ALLOW FOR A 1,104 SQUARE-FOOT GARAGE AT 5308 ST. STEPHEN STREET; PLANNING CASE NO CU2006-004 WHEREAS, property owner Mark McKay has app�ied for a conditional use permit to construct a 1,104 square foot garage; and, WHEREAS, the subject property, located at 5308 St. Stephen Street, is zoned R- 1, Single Family Residential, and is Iegally described as follows: Pinewood Terrace No.2, Lot 24, Block 4 WHEREAS, the Mounds View Zoning Code conditionally allows garages in excess of 952 square feet in area with a maximum accessory building area not to exceed 1,800 square feet; and, WHEREAS, the proposed garage would be 1,104 square feet, thus necessitating application for a conditional use permit; and, WHEREAS, the Planning Commission has reviewed the following documents regarding this proposal: a. Planning Application b. Plot Plan c. Zoning Map d. Aerial View e. Photographic Documentation f. Staff Report NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission makes the following findings of fact related to the conditional use permit request: 1. The proposed oversized 1,104 square foot garage satisfies the dimensional requirements as outlined in Chapters 1104 and 1106 the Zoning Code. 2. The request is consistent with the Mounds View Comprehensive Plan in that the Comprehensive Plan encourages the development and maintenance of residential areas so as to improve the quality, appearance and attractiveness of housing units and residential property in general. 3. The proposed garage would not be out of place given the design of the garage and the character and geography of the surrounding area involved. 4. The proposed garage would not depreciate the neighborhood. 5. The applicants have sufficiently demonstrated that a need exists for the proposed oversized garage. NOW, THEREFORE, BE IT FURTHER RESOLVED that the Mounds View Planning Commission recommends approval of the conditional use permit for the 1,104 square foot garage, with conditions as follows: 1. The garage shall not be used for commercial purposes, living space or other uses not allowed within the R-1 Single-Family Residential district or by the Zoning Code. Should the use change for which the permit was granted; the conditional use permit shall be considered null and void. 2. The garage expansion shall be designed and maintained to provide a uniform appearance with the existing house. 3. The Conditional Use Permit (CUP) shall become null and void if the work for which the CUP was granted is not completed within one year from the date of approval unless a petition for extension of time in which to complete the work has been granted by the City Council. BE IT FINALLY RESOLVED that the Mounds View Planning Commission directs staff to forward this resolution to the City Council prior to approval of the minutes. Adopted this 17th day of May 2006. o�J -- - �� Gary Stevenso , Chairperson ATTEST: C' �.l «,��.�,� c,��:3L �- James Ericson, Community Development Director (SEAL) MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 833-06 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF A CONDITIONAL USE PERMIT TO ALLOW FOR A 1,604 SQUARE-FOOT GARAGE AT 8382 KNOLLWOOD DRIVE; PLANNING CASE NO CU2006-003 WHEREAS, property owners Robert and Lisa Horbul have applied for a conditional use permit to construct a 1,604 square foot garage; and, WHEREAS, the subject property, located at 8382 Knollwood Drive, is zoned R-1, Single Family Residential, and is legally described as follows: Lot 7, Block 2, Gustafson's 2"d Addition WHEREAS, the Mounds View Zoning Code conditionally allows garages in excess of 952 square feet in area with a maximum accessory building area not to exceed 1,800 square feet; and, WHEREAS, the proposed garage would be 1,604 square feet, thus necessitating application of a conditional use permit; and, WHEREAS, the Planning Commission has reviewed the following documents regarding this proposal: a. Planning Application b. Plot Plan c. Zoning Map d. Aerial View e. Photographic Documentation f. Staff Report NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission makes the following findings of fact related to the conditional use permit request: 1. The proposed oversized 1,604 square foot garage satisfies the dimensional requirements as outlined in Chapters 1104 and 1106 of the Zoning Code. 2. The request is consistent with the Mounds View Comprehensive Plan in that the Comprehensive Plan encourages the development and maintenance of residential areas so as to improve the quality, appearance and attractiveness of housing units and residential property in general. 3. The proposed garage would not be out of place given the character and geography of the surrounding area invoived. 4. The proposed garage would not depreciate the neighborhood. 5. The applicants have sufficiently demonstrated that a need exists for the proposed oversized garage. NOW, THEREFORE, BE IT FURTHER RESOLVED that the Mounds View Planning Commission recommends approval of the conditional use permit for the 1,604 square foot garage, with conditions as foilows: 1. The garage shall not be used for commercial purposes, living space or other uses not allowed within the R-1 Single-Family Residential district or by the Zoning Code. Should the use change for which the permit was granted; the conditional use permit shall be considered null and void. 2. The garage expansion shall be designed and maintained to provide a uniform appearance with the existing house. 3. No additional sheds or accessory buildings shall be allowed on the property. 4. The Conditional Use Permit (CUP) shall become null and void if the work for which the CUP was granted is not completed within one year from the date of approval unless a petition for extension of time in which to complete the work has been granted by the City Council. BE IT FINALLY RESOLVED that the Mounds View Planning Commission directs staff to forward this resolution to the City Council prior to approval of the minutes. Adopted this 17th day of May 2006. —��a �� Gary Steven on, Chairperson ATTEST: c, � ��iln��_t� �/'(�U:�Sl/� James Ericson, Community Development Director (SEAL) MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 834-06 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF AN AMENDMENT TO CHAPTERS 1102 AND 1103 OF THE MOUNDS VIEW ZONING CODE RELATING TO FENCES AND RETAINING WALLS WHEREAS, the City Council has asked the Mounds View Planning Commission to review the Zoning Code relating to fences and retaining walls and consider whether an amendment is necessary to clarify requirements; and, WHEREAS, the Planning Commission has reviewed the pertinent sections of Code and has reviewed examples of regulations and requirements from adjacent cities and other communities in the metro area; and, WHEREAS, the Mounds View Planning Commission finds that amendments are necessary to chapters 1102 and 1103 to reduce confusion and clarify requirements; and, WHEREAS, the Mounds View Planning Commission finds that the proposed amendments are not in conflict with the Mounds View Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission recommends approval of amendments to Chapters 1102 and 1103 of the Mounds View Zoning Code as depicted in the attached Exhibit A. BE IT FINALLY RESOLVED that the Mounds View Planning Commission directs staff to forward this resolution to the City Council prior to approval of the minutes. Adopted this 17th day of May, 2006. � �-- i � ��` l/ Gary Steve son, Chairperson ATTEST: � �i r�,�ti�,�� ti.�_�,i_� �� James Ericson, Community Development Director (SEAL) Exhibit A The proposed amendments are shown below with additions underlined: 1102.02: DEFINITIONS: The following words and terms, wherever they occur in this Code, shall be defined as follows: Subd. 58.5. LANDSCAPING: The aesthetic and phvsical improvement of land bv the addition of berms, trees, shrubs, caround cover, crushed rock, wood chips, retaining walls and other functional, ornamental or decorative features. Subd. 100.5. RETANING WALL: A wall or structure constructed of stone, concrete, wood, or other materials, used to retain soil, as a slope transition, or edge of a planting area. 1103.08: FENCING, RETAINING WALLS, SCREENING AND LANDSCAPING: Subd. 1. Height: No fence shall exceed eight feet (8') in height, and in the case of grade separation, such as the division of properties by a retaining wall, the height shall be determined on the basis of ineasurement from the average point between the highest and lowest grade. Subd. 2. Intersections: No fences, structures or planting of trees or shrubs shall be permitted within thirty feet (30') of any corner formed by the intersection of street property lines or the right of way of a railway intersecting a street, except properly constructed chain link fences. Such chain link fences shall not exceed forty eight inches (48") in height from the grade level at the lot line and shall have openings in the wire mesh of not less than one and five-eighths ihches (1-5/8") nor more than two and one-fourth inches (2-1/4"). Such fences may follow the lot line to the lot corner. The thirty feet (30') restriction noted above shall consist of the triangle formed by connecting the iwo (2) points on intersecting lot lines that are each thirty feet (30') from the lot corner. Subd. 3. Location: a. Except as provided in subdivision 2 above, fences not to exceed forty eight inches (48") in height may be located on any part of a lot. Fences not to exceed ninety six inches (96") in height may be erected on any part of a lot behind the front line of the principal building. The City Council may require or approve fencing up to ninety six inches (96") in height in a front yard to satisfy a buffer or screening condition of a development review or conditional use permit. (Ord. 658, 8-14-00) b. A fence or retaining wall shall be installed on the applicanYs property. The fence or retaininq wall shall not be installed directly over the property line. Subd. 4. Landscaping Required: In all zoning districts, the lot area remaining after providing for off- street parking, off-street loading, sidewalks, driveway, building site and/or other requirements shall be planted and maintained in grass, sodding, shrubs or other acceptable vegetation or treatment generally used in landscaping. Subd. 5. Surface of Fences: Any fence shall be so constructed that the surface facing adjoining properties or public rights of way shall be of finished construction. Exhibit A Page 2 Subd. 6. Required Screening: The fencing and screening required by this Title shall be subject to subdivisions 1 through 5 hereof and shall consist of either a fence or a green belt planting strip the height of which shall be sufficient to adequately shield the activity from the abutting properties. a. A green belt planting strip shall consist of evergreen ground cover and shall be of sufficient width and density to provide an effective screen. This planting strip shall contain no structures or other use. Such planting strips shall not be less than eight feet (8') in height. Earth mounding or berms may be used but shall be limited to an average of five feet (5') of the height of the required screen. The planting plan and type of shrub shall require the approval of the Planning and Zoning Commission based upon a recommendation of the Director of Public Works/City Engineer and Building Inspector. b. A required screening fence shall be constructed of masonry, brick, wood or steel. Such fence shall provide a solid screening effect and not exceed eight feet (8') in height or be less than six feet (6') in height. The design and materials used in constructing a required screening fence shall be subject to the approval of the Planning and Zoning Commission based upon a recommendation by the Director of Public Works/City Engineer and Building Inspector. c. Ground cover shall be established within one (1) year following issuance of the building permit. Ground cover material shall be of such type as to control erosion. (1988 Code §40.04) Subd. 7. Prohibited Materials: a. Barbed wire, razor wire or other materials which could cause bodily harm shall be prohibited and no fence or property shall be wired and desiqned to conduct and emit an electrical charge, except as allowed for below. b. Exceptions: Facilities providinu essential services or municipal and qovernmental services may erect barbed wire or other materials having a similar deterrence, upon notice to properties within 350 feet and upon approval of the City Council. � MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 835-06 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING DENIAL OF THE REZONING REQUEST TO R-3, MEDIUM DENSITY RESIDENTIAL, AT 2901 AND 2925 COUNTY ROAD 10 AND THE WEST HALF OF 8060 GROVELAND ROAD; PLANNWG CASE ZCO6-001 WHEREAS, the applicant, Integra Homes, has applied for a rezoning request of the properties at 2901 and 2925 County Road 10 and the west half of 8060 Groveland Road to r- 3, Medium Density residential. The properties are legally described as: Lot 8, Block 3, Sherwood Estates; and, Subject To Highway; The Following; Part Of Loi 32 Description Beginning On Easferly Lot 32 100 Feet South Of Northwest Corner Lof 50 Thence South On Said Line To Northeast Line Of Highway Thence Northwest On Highway 32 Feet Thence Northeast To Beginning Also, Except Northwesterly Triangular Part Measured 7 Feet On Northerly & 100 Feet On Easterly Line Said Triangle; All Of Loi 50, and the West 271.10 Feet of the South 135 Feet of Lot 47, all in Auditor's Subdivision No. 89. WHEREAS, 2925 County Road 10 and 8060 Groveland Road are currently zoned R-1, Single Family Residential, and 2901 County Road 10 is zoned B-3, Highway Business; and, WHEREAS, the Planning Commission has reviewed the following documents regarding this proposal: 1. Application 2. Letter from Applicant 3. Zoning Map 4. Location Map 5. Proposed Site Plan 6. Staff Report WHEREAS, a public hearing notice was published in the official City newspaper on May 3, 2006, and notices mailed to property owners within 350 feet of the subject properties; and, WHEREAS, the Planning Commission held a public hearing regarding this requeston Wednesday, May 17, 2006; and, Resolution 835-06 Page 2 WHEREAS, the Mounds View Planning Commission has reviewed Chapters 1108 and 1125 of the Mounds View Zoning Code pertaining to the R-3 zoning district and Rezoning process, respectively; and, WHEREAS, the Mounds View Planning Commission has reviewed the land use component of the Comprehensive Plan relative to this request; and, WHEREAS, The Mounds View Planning Commission has reviewed the site plans associated with this request. NOW, THEREFORE, BE IT RESOLVED, the Mounds View Planning Commission makes the following findings regarding the possible adverse effects of this proposed rezoning request as required by the Mounds View Zoning Code: 1. The current zoning of the lots is R-1, Single Family Residential and B-3, Highway Business. The requested zoning of the lots is R-3, Medium Density Residential. 2. According to the Comprehensive Plan, the parcels proposed to be included in the development are designated Mixed-Use PUD on the Future Land Use map. 3. The rezoning and associated development plan as proposed would adversely affect adjacent property owners by compromising privacy and substantially increasing area densities. 4. The proposed density, while not inconsistent with the Code requirements for a 3-acre parcel, is too intense given the surrounding single family dwellings and does not fit the character of the existing neighborhood. 5. The residential rezoning is not consistent with the redevelopment expectations of the City for this area. 6. No compelling basis to justify the requested rezoning has been presented. NOW, THEREFORE, BE IT FURTHER RESOLVED, based upon the above findings, the information and documents regarding the proposed rezoning, the report drafted by staff and the testimony of the applicant, and in consideration of the public testimony given at the public hearing, the Planning Commission does hereby recommend denial of the rezoning request made by Integra Homes. BE IT FINALLY RESOLVED that the Planning Commission directs staff to forward this resolution to the City Council prior to approval of the minutes. Resolution 835-06 Page 3 Attest: (Seal) \ Adopted this 21 st day of June, 2006. J�/�„ � - - ` -a %/ / Gary Ste nson, Chairperson � - ��Ci';�;.�I C.,/C�,�_u_E;,� / James Ericson, Community Development Director MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 836-06 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A VARIANCE TO ALLOW FOR A TWO-FOOT SIDE- YARD SETBACK FOR A GARAGE AT 7025 PLEASANT VIEW DRIVE; MOUNDS VIEW PLANNING CASE VR2006-002 WHEREAS, the applicants, Jim and Amy Wilson, have applied for a variance to allow for a two-foot, side-yard setback for a proposed 22'x30' garage on their property located at 7025 Pleasant View Drive; and, WHEREAS, 7025 Pleasant View Drive is zoned R-1, Single Family Residential, and is legally described as follows: Knollwood Park, Ramsey County, Minnesota, Lot 68 WHEREAS, the Mounds View Planning Commission has reviewed the following documents regarding this proposal: 1. Planning Application 2. Plot Plan 3. Zoning Map 4. Aerial View 5. Photographic Documentation 6. Staff Report WHEREAS, the purpose of the variance provision in the Zoning Code is to give relief to property owners when the strict enforcement of the zoning code requirements imposes a hardship thereby restricting the improvement of property due to practical difficulties brought about by unique or e�raordinary features of the physical property that are beyond the property owner's control; and, WHEREAS, a public hearing was held Wednesday, June 7, 2006, with regard to this variance request; and, WHEREAS, according to Section 1125.02, Subdivision 2 of the Mounds View Municipal Code, the Planning Commission is to review a standard set of criteria, of which all must be satisfied, in order to grant a variance to the Zoning Code. F�esalution 836-06 Page 2 NOW, THEREFORE, BE IT RESOLVED, the Mounds View Planning Commission hereby makes the following findings of fact related to this request: 1. The exceptional or extraordinary conditions relating to the variance request is that the house was constructed 24 feet from the side property line, the rear yard is sloped, and almost the entire remaining property is wetland or wetland buffer area which causes limitations as to how the property can be improved. 2. The literal interpretation of the Zoning Code would restrict the property owner's ability to expand and improve upon the layout and functionality of the home. 3. The variance is requested due to the house placement and the grade change directly behind the house, factors over which the applicants have had no control. 4. Granting a variance to allow for the two-foot side yard setback would allow the applicants to have a two car garage in order to park their vehicles indoors, resulting in a better appearance for the neighborhood. 5. Granting the variance would not confer upon the property owners a special privilege denied to others in the same district due to the unique nature of the existing conditions present on the site. 6. The two-foot setback is the minimum variance that would alleviate the applicants' hardship. 7. The construction of new garage would not be materially detrimental to the purpose of the Zoning Code or to other property in the R-1, Single- Family Residential zoning district. 8. A two-foot setback would not impair the supply of light or increase congestion, nor would it increase the danger of fire or endanger the public safety or diminish property values. Resolution f336-OG Pa�e 3 NOW, THEREFORE, BE IT FURTHER RESOLVED, the Mounds View Planning Commission, based upon its review of the documentation, testimony presented at the public hearing, and the identified findings of fact, does hereby approve the variance request for a two-foot side yard setback for a proposed garage at 7025 Pleasant View Drive, contingent upon the following: 1. The applicants shall obtain approval of a building permit for the garage prior to any work being accomplished. 2. The variance applies oniy to garage space and the setback on the south side of the lot. 3. The Variance shall become null and void if the work for which the Variance was granted is not completed within one year from the date of approvai unless a petition for extension of time in which to complete the work has been granted by the City Council. Adopted this 7`h day of June, 2006. r_��r��N (SEAL) � 5��„ �'17��.v ean Miller, Vice-Chairperson _ ' �� z��ffi--- Jim Ericson, Community Development Director MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 837-06 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF A CONDITIONAL USE PERMIT TO ALLOW FOR A MOTOR FREIGHT TERMINAL AT 2169 MUSTANG DRIVE; PLANNING CASE NO. CU2006-005 WHEREAS, Midwest Motor Express has applied for a conditional use permit to allow for a motor freight terminal; and, WHEREAS, the property, located at 2169 Mustang Drive, is zoned I-1, Industrial, and is legally described as follows: MOUNDS VIEW INDUSTRIAL PARK, EAST 464.815 FEET MOL OF LOT 3 BLOCK 1; and, WHEREAS, the Mounds View Zoning Code conditionally allows motor freight terminals in Industrial districts; and, WHEREAS, the Planning Commission has reviewed the following documents regarding this proposal: 1. Staff Report 2. Application 3. Zoning Map 4. Aerial View 5. Comp Plan Future Land Use Map 6. Photographic Documentation NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission makes the following findings of fact related to the conditional use permit request: 1. The request is consistent with the Mounds View Comprehensive Plan in that the Comprehensive Plan encourages business to remain and grow in Mounds View. 2. The motor freight terminal would continue to not be out of place given the character and geography of the surrounding area involved. 3. The motor freight terminal would not change or depreciate the surrounding area. 4. The applicant has sufficiently demonstrated that a need exists for the proposed business. NOW, THEREFORE, BE IT FURTHER RESOLVED that the Mounds View Planning Commission recommends approvai of the conditional use permit for a motor freight terminal to continue operating at 2169 Mustang Drive, and BE IT FINALLY RESOLVED that the Mounds View Planning Commission directs staff to forward this resolution to the City Council prior to approval of the minutes. Adopted this 7th day of June, 2006. i � t�� .� � J n Miller, Vice-Chairperson ATTEST: �l �,�.�a ��... James Ericson, Community Development Director (SEAL) MOUNDS VIEW PLANNING COMMISSION RESOLUTION 838-06 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF DEVELOPMENT REVIEW FOR A 10,500 SQUARE FOOT ADDITION TO THE MIDWEST MOTOR EXPRESS BUILDING; MOUNDS VIEW PLANNING CASE DE2006-002 WHEREAS, Midwest Motor Express, located at 2169 Mustang Drive, plans to construct a 10,500 square foot single story addition to the current building; and, WHEREAS, the lot in question is zoned Industrial; and, WHEREAS, the subject parcel is legally described as: ALL THAT PART OF LOT 3 BLOCK 1, MOUNDS VIEW INDUSTRIAL PARK, OVERLYING THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 17, TOWNSHIP 30, RANGE 23, WHICH LIES EASTERLY OF A LINE DRAWN PARALLEL WITH AND 113 FEET WESTERLY OF THE EAST LINE OF SAID SOUTHWEST QUARTER OF THE NORTHEAST QUARTER; AND THAT PART OF LOT 3, BLOCK 1, MOUNDS VIEW INDUSTRIAL PARK, LYING EAST OF THE WEST LINE OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 17, TOWNSHIP 30, RANGE 23, RAMSEY COUNTY, MINNESOTA; and, WHEREAS, Chapter 1006 of the Mounds View City Code requires all new commercial and industrial development to be reviewed by the Planning Commission for consistency with all codes, regulations and requirements; and, WHEREAS, the Planning Commission has reviewed the following documents relative to this request: 1. Planning Application 2. Site Plan 3. Zoning Map 4. Comprehensive Plan Future Land Use Map 5. Aerial View 6. Photographic Documentation NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission ,as reviewed the request for a 10,500 square foot addition to the existing Midwest Motor Express building and recommends approval subject to the following condition: 1. The applicant shall install sod or asphalt on any disturbed areas no later than 60 days beyond issuance of the Certificate of Occupancy, weather permitting. NOW, THEREFORE BE IT FINALLY RESOLVED that the Mounds View Planning Commission directs staff to forward this resolution to the City Council prior to approval of the minutes. Adopted this 7�h day of June, 2006. ; ��, ,� �%2-r �Cc-ri ��J'ean Miller, Vice-Chairperson �TTEST: � � Cu,��1 L��-- James Ericson Community Development Director (SEAL) \ MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 839-06 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION DENYING A VARIANCE REQUEST FOR 2,468 SQUARE FEET OF ACCESSORY STORAGE SPACE AT 8135 LONG LAKE ROAD; MOUNDS VIEW PLANNING CASE VR2006-003 WHEREAS, the applicants, David Slabiak and Maria Merabella, have applied for a variance to allow for 2,468 square feet of accessory storage space on their property located at 8135 Long Lake Road; and, WHEREAS, 8135 Long Lake Road is zoned R-1, Single Family Residential, and is legally described as follows: LOT 7 BLOCK 4, LAPORT MEADOWS RAMSEY COUNTY WHEREAS, the maximum permitted accessory storage space in this district is 1,800 square feet, the applicants have requested 668 square feet beyond the maximum permitted; and, WHEREAS, the Mounds View Planning Commission has reviewed the following documents regarding this proposal: 1. Planning Application 2. Site Plan 3. Zoning Map 4. Aerial View 5. Photographic Documentation 6. Staff Report WHEREAS, the purpose of the variance provision in the Zoning Code is to give relief to property owners when the strict enforcement of the zoning code requirements imposes a hardship thereby restricting the improvement of property due to practical difficulties brought about by unique or extraordinary features of the physical property that are beyond the property owner's control; and, Resolution 839-06 Page 2 WHEREAS, a public hearing was held Wednesday, June 7, 2006, regarding this variance request; and, WHEREAS, according to Section 1125.02, Subdivision 2 of the Mounds View Municipal Code, the Planning Commission is to review a standard set of criteria, of which all must be satisfied, in order to grant a variance to the Zoning Code. NOW, THEREFORE, BE IT RESOLVED, the Mounds View Planning Commission hereby makes the following findings of fact related to this request: There are no exceptional or extraordinary conditions associated with this variance request. The literal interpretation of the Zoning Code would not deprive the applicants of rights commonly enjoyed by others in this district. 3. The variance is requested due to factors completely under the control of the applicants. 4. Granting the variance would confer upon the property a special privilege denied to others in the same district. 5. Granting the variance would be materially detrimental to the purpose of the Zoning Code or to other property in the R-1, Single-Family Residential zoning district in that the variance would set an unusual standard would create "precedenY' ramifications. NOW, THEREFORE, BE IT FURTHER RESOLVED, the Mounds View Planning Commission, based upon its review of the documentation, testimony presented at the public hearing, and the identified findings of fact, does hereby DENY the variance request for 2,468 square feet of accessory storage space at 8135 Long Lake Road. Adopted this 7�h day of June, 2006. � � , � i i/. i'-i'��;�1�� -G��.-� , � �\ Gary Stevens� Chairperson ATTEST: J �, ��_ Jim Ericson, Community Development Director (SEAL) MOUNDS VIEW PLANNING COMMISSION RESOLUTION 840-06 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF AN AMENDMENT TO THE O'NEIL PROPERTY PUD AGREEMENT TO ALLOW AN "ACCESSORY BUILDING" AT 2442 COUNTY ROAD 10 (Parcel A); MOUNDS VIEW PLANNING CASE PA2006-001 WHEREAS, the Mounds View City Council approved the O'Neil Property Planned Unit Development (PUD) Agreement on May 11, 1998; and, WHEREAS, the O'Neil Property PUD currently does not allow accessory buildings; and, WHEREAS, the lot located at 2442 County Road 10, legally described as Lot 1, Block 2, Anthony Properties Addition; was approved by the Council for an Office use; and, WHEREAS, the developer wishes to amend the PUD Agreement by adding "accessory building" as an allowed use for the site in order to provide an indoor storage need for a potential tenant; and, WHEREAS, the Planning Commission has reviewed this request and has examined the potential adverse effects that could result from such an amendment. NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission makes the following finding of fact related to this request: 1. The lot in question, 2442 County Road 10, described by the PUD Agreement as Parcel "A," is zoned Planned Unit Development (PUD). 2. The office building at 2442 County Road 10 remains vacant and as such the developer has requested an amendment to the PUD to allow for an attached garage to be constructed on the site. 3. The Future Land Use Map from the City's Comprehensive Plan designates this area as a Regional Commercial Planned Unit Development. 4. The property at 2442 County Road 10 is within the City's primary commercial corridor and as such, vacant buildings are not desirable. 5. The property is a triangle shaped lot, surrounded by Wildwood Manor senior housing apartments to the northwest, Snyder's and the City Hall property across County Road 10 to the northeast, and the movie theater and retail mall to the south with a wooded wetland in between. The construction of an attached garage would have no depreciatory affects upon the surrounding area. Resolution 840-06 Page 7_ 6. The same architectural requirements would prevaii for this lot, and any accessory buildings must be constructed using the same materials and design as the primary structure. 7. There do not appear to be any adverse effects associated with this proposed amendment. BE IT FURTHER RESOLVED that the Mounds View Planning Commission, based upon the above findings of fact, does hereby recommend that the O'Neil Property Planned Unit Development (PUD) be amended such that one accessory building be expressly permitted at 2442 Highway 10, Lot 1, Block 2, Anthony Properties Addition (Parcel A), subject to the following: 1. Applicant shall obtain Rice Creek Watershed District approval before a building permit will be issued for this development. 2. The accessory building shall be of the same design and constructed of the same materials as the primary structure. 3. The accessory building shall be attached to the primary structure, and be located on the southwest side of the building. 4. The accessory building shall not exceed 1,864 square feet in size. BE IT FINALLY RESOLVED that the Mounds View Planning Commission directs staff to forward this resolution to the City Council prior to approval of the minutes. Adopted this 215� day of June, 2006. �_ �� Gary Stev soP'i, Chairperson ATTEST: � �- , - � �, '`-, �� f:,�:��'(/ James Ericson Community Development Director (SEAL) F MOUNDS VIEW PLANNING COMMISSION RESOLU710N NO. 841-06 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A VARIANCE TO ENCROACH SEVEN FEET INTO THE PREVAILING FRONT SETBACK AT 2764 LAPORT DRIVE; PLANNING CASE VR2006-005 WHEREAS, the applicants, Lawrence and Mari Okoro, have applied for a variance to encroach seven feet into the prevailing front setback at 2764 Laport Drive; and, WHEREAS, 2764 Laport Drive is zoned R-1, Single Family Residential and is legally described as: Mid-Stafes Estates, Lot 4, Block 2 WHEREAS, Section 1104.01 of the Mounds View Zoning Code indicates that the minimum front yard setback for buildings in Single Family Residential districts is thirty (30) feet; and, WHEREAS, the prevailing setback for the 2700 block of Laport Drive is fifty-two (52) feet; and, WHEREAS, the applicant is requesting a front yard setback variance to construct a front entry and porch addition seven (7) feet into the prevailing setback; and, WHEREAS, The Planning Commission reviewed the following materials relating to this request: 1. Application 2. Zoning Map 3. Aerial View 4. Photographic Documentation 5. Building Plans WHEREAS, the purpose of the variance provision in the Zoning Code is to give relief to property owners when the strict enforcement of the zoning code requirements imposes a hardship thereby restricting the improvement of property due to practical difficulties brought about by unique or e�raordinary features of the physical property that are beyond the property owner's control; and, WHEREAS, the Planning Commission held a duly noticed public hearing regarding this variance on Wednesday, July 5, 2006; and, WHEREAS, according to Section 1125.02, Subdivision 2 of the Mounds View Municipal Code, the Planning Commission is to review a standard set of criteria, of which all must be satisfied, in order to grant a variance to the Zoning Code. Re-sa!utien 841-06 !-'aa� 2 NOW, THEREFORE, BE IT RESOLVED, the Mounds View Planning Commission makes the following finding of facts related to this request: 1. The prevailing front yard setback for the 2700 block of Laport Drive is fifty-two (52) feet, much greater than what is required. 2. The literal interpretation of the Zoning Code would restrict the property owner's ability to expand and improve upon the layout and functionality of the home. 3. The applicant has not caused the configuration of the lot and seeks to expand the home to improve its function and livability. 4. Granting a variance in this case would not confer a special privilege not enjoyed by other property owners. 5. The seven (7) foot variance is the minimum variance that would alleviate the applicants' hardship. 6. The building expansion would not be materially detrimental to the purpose of the Zoning Code or to other surrounding properties as this property is the corner lot of a very short block with large front setbacks. Encroaching seven feet into the front setback may not be disruptive to the setback pattern for the block. 7. The proposed variance would not impair supply of light and air to adjacent properties or substantially increase the congestion of the public streets or increase the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood. NOW, THEREFORE, BE IT FINALLY RESOLVED, the Mounds View Planning Commission, based upon its review of the documentation, testimony presented at the public hearing, and the identified findings of fact, does hereby approve the request for a seven-foot variance from the prevailing front setback of fifty-two feet at 2764 Laport Drive. Adopted this 5`h day of July, 2006. ATTEST: (SEAL) � �°�.��,� Gary Stevenson, Chairperson i' _ ��.��,��-- L_.IL�.,l,1L_ Z-� Jim Ericson, Community Development Director MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 842-06 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF AN AMENDMENT TO CHAPTERS 701 AND 1106 OF THE MOUNDS VIEW MUNICIPAL CODE RELATING TO DOG KENNELS WHEREAS, City Staff has identified sections of Code relating to Dog Kennels which is in need of amendment; and, WHEREAS, presently the Mounds View Municipal Code requires that a resident apply for a kennel license AND conditional use permit (CUP) to own three or four dogs in the City; and, WHEREAS, the approval process and requirements for a residential dog kennel are redundant, excessive, time consuming and costly for residents and in need of modification; and, WHEREAS, owning three orfour dogs is not a land-use issue nor a planning issue that would warrant approval of a Conditional Use Permit but rather a matter of licensure; and, WHEREAS, the Mounds View Planning Commission concurs that an amendment to the City Code is warranted and justified. NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission recommends approval of amendments to Chapters 701 and 1106 of the Mounds View Municipal Code as represented in the attached Exhibit A. BE IT FINALLY RESOLVED that the Mounds View Planning Commission directs staff to forward this resolution to the City Council prior to approval of the minutes. Adopted this 5th day of July, 2006. � � � �:� G � _� `� -� :_ . Gary Stevenson, Chairperson v ATTEST: � �C <_ � � ��. \ � ��'.�,�i�"�� : James Ericson, Community Development Director (SEAL) Exhibit A ORDINANCE NO. 774 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING MOUNDS VIEW CITY CODE CHAPTERS 701 AND 1106 RELATING TO "DOG KENNELS" THE CITY OF MOUNDS VIEW DOES HEREBY ORDAIN: SECTION 1. Section 701.04, Subd. 8 of the Mounds View Municipal Code pertaining to Kennels is hereby amended with the proposed additions underlined and deletions s�K�el�e� to read as follows: Subd. 8. Kennels: a. Licensing requirements: All-c4oc�-kennels-rn�+s�f�rst�Eaia-a-s�eslal-ase-p�r+�it as �eq�e�ia-�+EI�'I �90 of-1t}is �ed�Ft�e-zonin��;lassikieatieas-as- requiFec�-�ade� Sba�ter�0� ar�c�c-�ie+��1-0� ef�+s�ed��as( be co�rf�rfr�,.��^ '..�"—�. pri,gardless e�a�y-�ev+siea-ir�-Title 1a 89-a€ El�is �ode, t�ie The owner of a proposed dog kennel shall submit a license application and present a petition to the Clerk I Administrator �euneil signed by more than fifty percent (50%) of all registered landowners or those occupying land within five hundred feet (500') of the proposed kennel who agree to the establishment of the kennel. The petition shall contain, amonq other items of information, the number and species of doqs intended to be kept on the premises whether the vard or kennel area is or will be fenced and whether the doqs would be raised for breedinq purposes. Upon the receipt of the petition and license application, the Clerk / Administrator shall present the petition and application to the City Council for their consideration. Ge�rt�il-will �I�ea-se+�. h�� ^^��^,esia4krs�per�nit, as�rc�v+dec��o�ia�iEle�109ef-tl�is-�ede.� h�pet+tiea °"^" ^�„^^'� ^��,ong otk�er�Ee��o�infc�rm�atic�r�Nev✓-�y-degs�� ^�'' ^�^°� ^'°.T,�s i�keep <�n�ue-�r�ises.- (Ord. 696, 4-22-02) b. License fee: The annual license fee for dog kennels shall be established by resolution of the City Council. The license fees are due September 1 of each year. (Ord. 696, 4-22-02) c. Cleanliness and order; nuisance declared: Kennels and the premises around the kennel shall be kept in a clean, quiet, orderly and sanitary condition so as not to constitute a nuisance as defined in Chapter 607 of this Code and in Minnesota Statutes, Section 561.01. In determining whethera nuisance exists, consideration shall be given to the kennel's location, location of other residences, and general character of the neighborhood. d. Revocation: A kennel license mav be revoked by action of the Council for iust cause after providina the license holder with an opportunitv to be heard. Just cause shall include anv violations of this Code reasonably related to the operation of the doq kennel and/or treatment of animals. Ordinance 774 Page 2 e. Persons Ineliqible. No license shall be qranted to an applicant who has mistreated animals or has been convicted for animal crueltv offenses. SECTION 2. Section 1106.04, Subd. 4 of the Mounds View Municipal Code pertaining to conditional uses within the R-1, Single Family Residential zoning district is hereby amended with the proposed additions underlined and deletions s#�sl�-e�at to read as follows: .. � - ■- . SECTION 3. This ordinance takes effect 30 days after its publication in the official City newspaper. INTRODUCTION AND FIRST READING by the City Council of the City of Mounds View this day of , 2006. PUBLIC HEARING, SECOND READING AND ADOPTION by the City Council ofthe Cityof Mounds View this _ day of , 2006. ATTEST: (seal) APPROVED AS TO FORM: Scott Riggs, City Attorney � Rob Marty, Mayor Kurt Ulrich, City Administrator MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 843-06 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF A PRELIMINARY PLAT FOR THE SUBDIVISION OF 8360 LONG LAKE ROAD; MOUNDS VIEW PLANNING CASE NO. MA2006-002 WHEREAS, Matthew Hofmann has requested approval of a preliminary plat for the major subdivision of 8360 Long Lake Road, legally-described as follows: Lot 1, Block 1, Charles Hermann Addition WHEREAS, The above-described land is zoned R-1, Single-Family Residential and are designated as Single-Family Detached on the Comprehensive Plan; and, WHEREAS, Matthew Hofmann has submitted a Preliminary Plat for the major subdivision which creates 3 buildable lots; and, WHEREAS, the community development, public works staff, and city attorney have all reviewed the preliminary plat and finds that it satisfies the minimum subdivision requirements as articulated in Titles 1100 and 1200 of the Mounds View Municipal Code and complies with county platting requirements; and, WHEREAS, in accordance with Section 1204.04, Subd. 4, the subdivision is subject to a park dedication fee which would be equivalent to 10% of the assessed value of the project land area, which been determined to be $10,640.00; and, WHEREAS, the proposed subdivision is not within a designated wetland area; and, WHEREAS, the Mounds View Planning Commission has reviewed the following documents regarding this proposal: 1. Staff Report 2. Planning Application 3. Preliminary Plat 4. Zoning Map 5. Aerial View 6. Site Plan \ Resolution 843-08 ('age 2 NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission recommends approval of the preliminary Plat submitted by Matthew Hofmann subject to the following conditions: 1. The applicant shall arrange to have an acceptable title commitment provided to the City Attorney for review prior to the approval of the subdivision by the City Council. 2. The applicant shall pay a park dedication fee in an amount to be determined by the Mounds View City Council. 3. The applicant shall take all steps to save any trees possible during the construction and shall make arrangements to have a minimum of two trees in each front yard upon project completion and sod all yard areas. 4. The applicant shall obtain permits, if required, from Rice Creek Watershed District and the Minnesota Pollution ConYrol Agency before construction activity commences. 5. All utilities within the development area and to the individual home sites shall be located underground. 6. The applicant shall apply for Final Plat approval no later than 6 months after the date of approval of the preliminary plat, or the Preliminary Plat approval will become null and void. BE IT FURTHER RESOLVED that the Mounds View Planning Commission directs staff to forward this resolution to the City Council prior to approval of the minutes. Adopted this 5�h day of July, 2006. ATTEST: (SEAL) __ �-__..___ - ,_ / .�ir�=�=� Gary Steve son, Chairperson i �'��/�,� `� j'( i, i� i. t;-'1 �, �-��rl �� James Ericson Community Development Director MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 844-06 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION DENYING A VARIANCE REQUEST FOR A 45-FOOT TALL BILLBOARD AT 2200 COUNTY ROAD 10, PLANNING CASE VR2006-004 WHEREAS, Clear Channel Outdoor has requested approval of a variance to exceed the maximum sign height by ten feet for a billboard to be located at 2200 County Road 10, the site of the Mermaid Entertainment Center and Americlnn Hotel; and, WHEREAS, the Mermaid site is zoned Planned Unit Development (PUD) and is legally described as follows: WHEREAS, The City of Mounds View has adopted Ordinance 769 which amended the City Code to permit billboards as an interim use on properties adjacent to the south side of County Road 10 south of its intersection with Woodale Drive; and, WHEREAS, the Mounds View Planning Commission held a duly-noticed public hearing on June 21, 2006; and, WHEREAS, the Chapter 1125 of the Zoning Code establishes the review criteria against which all variance applications shall be judged and satisfied for a variance to be granted. NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission makes the following findings of fact relating to the Clear Channel Outdoor application for a variance to exceed by ten feet the maximum established height provision for a billboard on County Road 10: 1. Exceptional or extraordinary circumstances do not appfy to this property which would warrant approval of the requested variance. There are other potential locations within the County Road 10 corridor at which a billboard could potentially be sited without obstruction from or obstruction to existing buildings or signs. 2. The literal interpretation of the provisions of this Title would not deprive the Applicant the ability to site a billboard within the County Road 10 corridor. 3. Granting the variance would confer upon the Applicant a special privilege that would not be extended to other property owners on the County Road 10 corridor. 4. The variance would be materially detrimental to the purpose of this Title or to other property in the corridor in that the City desires lower height signs within the County Road 10 corridor. Resolution 844-06 Page 2 5 The proposed variance and resulting 45-foot tall billboard could substantially diminish or impair property values within the corridor and negatively impact the community's vision for the corridor. NOW, THEREFORE, BE IT FURTHER RESOLVED, based upon the above finding of fact, testimony provided at the public hearing and in consideration of the staff report, the Mounds View Planning Commission does hereby deny the requested variance for a 45- foot tall billboard (ten feet in excess of the maximum allowed height of 35 feet) at 2200 County Road 10. NOW, THEREFORE, BE IT FINALLY RESOLVED that the applicant shall be informed in writing as to the decision of the Planning Commission and the ApplicanYs right to appeal said decision to the City Council. The Applicant shall have ten business days from the date of this action by which to submit its written request to appeal the decision to the City Council. Adopted this 5th day of July, 2006. r_��r:�� (SEAL) B Gary Stevenson, c � � ; ,. „� c .� � t.�� _ ��z �� iairperson � �`�� >:_ �. James Ericson Community Development Director MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 845-06 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING DENIAL OF AN INTERIM USE PERMIT (IUP) FOR A BILLBOARD AT 2200 COUNTY ROAD 10, PLANNING CASE IU2006-001 WHEREAS, Clear Channel Outdoor has requested approval of an Interim Use Permit to locate a billboard at 2200 County Road 10, the site of the Mermaid Entertainment Center and Americlnn Hotel; and, WHEREAS, the Mermaid site is zoned Planned Unit Development (PUD) and is legally described as follows: MERMAID HOTEL AND ENTERTAINMENT CENTER COMMON INTEREST COMMUNITY PLAT RAMSEY COUNTY, MINNESOTA WHEREAS, The City of Mounds View has adopted Ordinance 769 which amended the City Code to permit billboards as an interim use on properties adjacent to the south side of County Road 10 south of its intersection with Woodale Drive; and, WHEREAS, the Applicant has submitted a survey depicting the location and setback of the proposed billboard; and WHEREAS, the Mounds View Planning Commission held a duly-noticed public hearing on June 21, 2006; and, WHEREAS, the Mounds View City Code requires that any billboard Interim Use Permit (IUP) application be reviewed and considered in accordance with Section 1125.01, Subdivision 3. NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission makes the following findings of fact relating to the Clear Channel Outdoor application for an Interim Use Permit (IUP) for a billboard at 2200 County Road 10: 1. The billboard at the proposed location would detrimentally affect the adjoining property due to obstruction from the column and potentially from the sign faces. 2. The billboard could potentially be located elsewhere on County Road 10 causing less impact and obstruction to the subject and adjacent properties. NOW, THEREFORE, BE IT FURTHER RESOLVED, the Mounds View Planning Commission, based upon the above findings of fact and potential adverse effects of the proposed billboard, testimony from the public hearing and the staff report, does hereby recommend denial of the requested Interim Use Permit. Resolution 845-06 Page 2 NOW THEREFORE, BE IT FINALLY RESOLVED that the Planning Commission directs staff to forward this resolution to the City Council prior to the approval of the minutes. Adopted this 5th day of July, 2006. ATTEST (SEAL) � . � %, °�J: Gary Stevenson,' Chairperson _- �1, t , 'a�.� . .i , �.'�,_..�1_` t_ ._ James Ericson Community Development Director MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 846-06 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A VARIANCE FOR A REDUCED SETBACK FOR A BILLBOARD AT 5201 PROGRAM AVE, PLANNING CASE VR2006-005 WHEREAS, Clear Channel Outdoor has requested approval of a variance to reduce the minimum property line setback by ten feet for a billboard to be located at 5201 Program Avenue (the Building "A" site), property owned by RREEF America REIT II; and, WHEREAS, the Building "A" site is zoned Planned Unit Development (PUD) and is legally described as follows: LOT 1, BLOCK 1, MOUNDS VIEW BUSINESS PARK RAMSEY COUNTY, MINNESOTA WHEREAS, The City of Mounds View has adopted Ordinance 769 which amended the City Code to permit billboards as an interim use on properties adjacent to and visible from Interstate 35W; and, WHEREAS, the Mounds View Planning Commission held a duly-noticed public hearing on July 5, 2006; and, WHEREAS, the Chapter 1125 of the Zoning Code establishes the review criteria against which all variance applications shall be judged and satisfied for a variance to be granted. NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission makes the following findings of fact relating to the Clear Channel Outdoor application for a variance to reduce by ten feet the minimum established setback for a billboard on Program Avenue: 1. Exceptional or extraordinary circumstances apply to the property which result from circumstances over which the Applicant has had no control, in that a stormwater management pond was constructed feet from both Woodale Drive and Program Avenue rights of way. 2. The literal interpretation of the provisions of this Title would deprive the Applicant the ability to site a billboard at this location without major modification to the area's stormwater management system. Resolution 846-06 Page 2 3. The special conditions or circumstances do not result from the actions of the Applicant which is attempting to relocate a billboard consistent with the terms of the approved relocation agreement. 4. Granting the variance would not confer upon the Applicant any special privilege that is denied by this Title to owners of other lands, structures or buildings in the same district, in that the Applicant is uniquely affected by Ordinance 769 and the Relocation Agreement. 5. The variance requested is the minimum variance which would alleviate the hardship which has been graphically illustrated by the Applicant. 6. The variance would not be materially detrimental to the purpose of this Title or to other property in the same zone. 7. The proposed variance will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets or increase the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood. NOW, THEREFORE, BE IT FURTHER RESOLVED, based upon the above finding of fact, testimony provided at the public hearing and in consideration of the staff report, the Mounds View Planning Commission does hereby approve the requested variance for a five foot property line setback for a billboard to be located at 5201 Program Avenue consistent with the Zoning Code and Ordinance 769, with conditions as follows: 1. The Applicant shall secure an Interim Use Permit (IUP) for the proposed billboard. 2. The Applicant shall have completed the construction of the billboard by July 4, 2007 or the variance shall be considered null and void, unless a petition for extension of time in which to complete the work has been granted by the Planning Commission. Such extension shall be requested in writing and filed with the City Clerk-Administrator at least thirty (30) days before the expiration of the original variance or appeal. Adopted this 5th day of July, 2006. ATTEST (SEAL) . � �c "`�i Gary Steven�on, Chairperson � �� , � � �}�`' b l,� �V C �'��.�_-.�,"G � James Ericson Community Development Director MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 847-06 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF AN INTERIM USE PERMIT (IUP) FOR A BILLBOARD AT 5201 PROGRAM AVENUE, PLANNING CASE IU2006-002 WHEREAS, Clear Channel Outdoor has requested approval of an Interim Use Permit to locate a billboard at 5201 Program Avenue, the site of Building "A" within the Mounds View Business Park; and, WHEREAS, the Building "A" site is zoned Planned Unit Development (PUD) and is legally described as follows: LOT 1, BLOCK 1, MOUNDS VIEW BUSINESS PARK RAMSEY COUNTY, MINNESOTA WHEREAS, The City of Mounds View has adopted Ordinance 769 which amended the City Code to permit billboards as an interim use on properties adjacent to and visible from Interstate 35W; and, WHEREAS, the Applicant has submitted a survey depicting the location and setback of the proposed billboard; and WHEREAS, the Mounds View Planning Commission held a duly-noticed public hearing on July 5, 2006; and, WHEREAS, the Mounds View City Code requires that any billboard Interim Use Permit (IUP) application be reviewed and considered in accordance with Section 1125.01, Subdivision 3. NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission makes the following findings of fact relating to the Clear Channel Outdoor application for an Interim Use Permit (IUP) for a billboard at 5201 Program Avenue: 1. The Installation of a billboard at 5201 Program Avenue would not create an excessive burden on existing parks, schools, streets and other public facilities and utilities that serve or are proposed to serve the area. 2. The billboard at the proposed location would not be readily visible from nearby residentially zoned properties and would not have a detrimental effect on the development of vacant land in the area. Resolution 847-06 Page 2 3. The structure and site will not have an appearance that would adversely effect adjacent residential properties in that there are no residential properties adjacent to Building "A". 4. The requested IUP is reasonably related to the requirement placed upon the Applicant to relocate four of six billboards from the former golf course property. 5. The use is consistent with the recently adopted amendments to the Sign Code Chapter 1008 as effectuated by Ordinance 769. 6. The proposed billboard would not be in conflict with the Comprehensive Plan of the City in that the Comprehensive Plan does not address billboards. 7. The proposed billboard would not cause traffic hazards or congestion. 8. Adequate utilities, access, drainage and other necessary facilities are available to the proposed billboard. NOW, THEREFORE, BE IT FURTHER RESOLVED, the Mounds View Planning Commission, based upon its review of the Comprehensive Plan, the geographical area involved, potential depreciation, the character of the surrounding area and the demonstrated need for such a use, has determined that the potential adverse effects of the proposed billboard would be negligible. NOW, THEREFORE, BE IT FURTHER RESOLVED, based upon the above finding of fact, testimony provided at the public hearing and in consideration of the staff report, the Mounds View Planning Commission does hereby recommend approval of the requested Interim Use Permit for a billboard at 5201 Program Avenue consistent with the Zoning Code and Ordinance 769, in accordance with the property survey and rendering attached as Exhibits A and B respectively, subject to the following condition: 1. The Applicant shall have completed the construction of the billboard by July 4, 2007 or the Interim Use Permit shall be considered null and void, unless a petition for extension of time in which to complete the work has been granted by the Planning Commission. Such extension shall be requested in writing and filed with the City Clerk-Administrator at least thirty (30) days before the expiration of the original variance or appeal. NOW THEREFORE, BE IT FINALLY RESOLVED that the Planning Commission directs staff to forward this resolution to the City Council prior to the approval of the minutes. � Resolution 847-06 Page 3 Adopted this 5th day of July, 2006. ATTEST (SEAL) l %` ,��`,:,� i:.�� V��,.-�;. Gary Steven`son, Chairperson ' �' �� :� �� i('�,�lti'�-1 ;� C_.�� l,l,i�t_;L James Ericson Community Development Director Exhibit A. Property Survey � � — _.�_ _ T_ WDODDALE '21 �E 1094.98 , DRl liE a� ,,,�• d _ ___ / �;r,' �� ;� y50 i e r�3� ,a r. i;s r' �i ,..,� e � . • :, •' ; ��.._,� ' o I'� t�='., .7 P.�� d" �'. �. . . _1r_____.. _ _______... _ _ ,,. �.I. .:. .. . . _.._. �,' , i i ,.� 4 � �i ' _T .�5 — -, i,�� i � .,.. . ..._.... .. . . � � � r.�Y�" � . .. � .�"" . I '�\ t % � �- _�_ ci � I I . , n � � � '.� I .- ' �— - � I h ,•« - � ��r v W „_d... S..J- rY� .:t - i -PR(WOS�O I ��s � i C � 87LlBOARD � �' 7 �I'' as raor ssxencrc '�^;,�"'� _"•� � I I� l+� FRA°£RTY L7A'£—. �;'� ly � ��. I. J �t. i' .� e s••sw: `I �, � 1 - I. .:ijc.?wao.._i.,. � �1�, .� I i �' 0 N D �+I' �.'� ; ��1 � I, '` F ��f.. � �; ` r°" ,�„� � �� , � .,� , � ,.��{� � �. �, 8�.� '1< � �r�� .�,� 4 I ' ; rIr1Al � �C`�AICCS'� `)n C1I �I �� ,.�P �ir._ws �• fLIY �V.JIIVL.:v ~/'11\f� '� 5�" � � li � ''\9 � �j �I �, / ' , . , ��.�, ,� a � � � �N� I, +r,+ ' , ��,� '+' � �, �, ,'� `�*� �� C�' 0 I I; �`1 ° �' ;� n� a I , .�� ` I�,, �' .r"� t� r �,'' ' . \ .J/ '/�+�"�y'U� Pa` F ; ,=.r, � i �rr � .. i ,� � � r�� .. � � � ` . Y.. _ �� / .•-10ln9I/ACA�VA4CdVIY.:1�'[r1��11iN�FF.°l.IpLVlJiI'f1Yf��.��ifi:.C1F'�r� ••�'... . .. _ _ _ : �_—J1�.r' _ _--_____ . . .'�, l .._'_______ __—__—_,� 1oJ4,89 .---- }..,, / Exhibit B. Billboard Depiction � � � .�� ;,, � 7tn Annual North Metro F�� Shr�w 5at. March 5, JAM-2PM National Sports Center's Schwan Center — -- -- - -- L-_ , � — —� ' - -- , ,,, .,-,., - ,_ :.-,-,^� ,,,�,-.,¢r�,-��,_.•-.,�^ . - - � - � --. .r _. �• -. . . ��_�.�..z_ - 4 ._" � MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 848-06 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A VARIANCE TO REDUCE THE FRONT BUILDING SETBACKS TO TEN FEET AND THE PARKING SETBACK TO FIVE FEET AT TYSON COMPANY LOCATED AT 4825 MUSTANG CIRCLE; PLANNING CASE VR2006-006 WHEREAS, the applicant, D&A Development, has applied for a variance to reduce the front building setbacks to ten feet and the parking area setback to five feet at Tyson Company, located at 4825 Mustang Circle; and, WHEREAS, 4825 Mustang Circle is zoned I-1, Industrial and comprises four separate lots which are legally described as: Mounds View Industrial Park, No. 3, Block 1, Lots 4, 5, 6 and 7 (Lots 5, 6, and 7 Subjecf to Easements) WHEREAS, Section 1104.02 of the Mounds View Zoning Code indicates that the minimum front setback for buildings and parking lots in Industrial districts is forty (40) feet; and, WHEREAS, the applicant is requesting front building setbacks to Iocate the new building ten (10) feet from the front property line, and a parking setback variance to locate the parking area five (5) feet from the front property line; and, WHEREAS, The Planning Commission reviewed the following materials relating to this request: 1. Application 2. Information from the Applicant 3. Zoning Map 4. Aerial Map 5. Photographic Documentation 6. Site Plan 7. Staff Report WHEREAS, the purpose of the variance provision in the Zoning Code is to give relief to property owners when the strict enforcement of the zoning code requirements imposes a hardship thereby restricting the improvement of property due to practical difficulties brought about by unique or extraordinary features of the physical property that are beyond the property owner's control; and, WHEREAS, the Planning Commission held a duly noticed public hearing regarding this variance on Wednesday, July 19, 2006; and, WHEREAS, according to Section 1125.02, Subdivision 2 of the Mounds View Municipal Code, the Planning Commission is to review a standard set of criteria, of which all must be satisfied, in order to grant a variance to the Zoning Code. NOW, THEREFORE, BE IT RESOLVED, the Mounds View Planning Commission makes the following finding of facts related to this request: 1. The exceptional or extraordinary conditions that apply to this property are the amount of wetlands and low land that occupy this site, which limits the buildable space available. 2. The literal interpretation of the Zoning Code would restrict the applicanYs ability to construct a 109,128 square foot building that would meet their business needs. 3. The variance is requested due to the wetland area and topography of the property, factors over which the applicant had no control. 4. Granting the variance would not confer a special privilege denied to other property owners in the same district due to the unique nature of the existing conditions on the site. 5. The thirty (30) foot front building setback and five (5) foot front parking setback are the minimum variances that would alleviate the applicants' hardship. 6. The variance would not be materially detrimental to the purpose of the Zoning Code or to other properties in the I-1, Industrial zoning district. 7. The reduced front setbacks would not impair the supply of light or increase congestion, nor would it increase the danger of fire or endanger the public safety or diminish property values. NOW, THEREFORE, BE IT FINALLY RESOLVED, the Mounds View Planning Commission, based upon its review of the documentation, testimony presented at the public hearing, and the identified findings of fact, does hereby approve the variance request to reduce the front building setbacks to ten (10) feet, and the parking area setback to five (5) feet at Tyson Company located at 4825 Mustang Circle. Adopted this 2"d day of August, 2006. -- c' ,-�� Gary Stev nson, Chairperson ATTEST: ` i , ,_� �:��,.,.ci, l_,.;��:�1�� Jim Ericson, Community Development Director (SEAL) MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 849-06 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF A CONDITIONAL USE PERMIT TO ALLOW FOR A 1,176 SQUARE-FOOT GARAGE AT 2932 WOODALE DRIVE; PLANNING CASE NO CU2006-007 WHEREAS, property owners, Brian and Laura Krystofiak, have applied for a conditional use permit to construct a 1,176 square foot garage; and, WHEREAS, the subject property, located at 2932 Woodale Drive, is zoned R-1, Single Family Residential, and is legally described as follows: The westerly 90 feet of the easterly 340 feet of Lots 89 and 90, Knollwood Park, Ramsey County, Minnesota WHEREAS, the Mounds View Zoning Code conditionally allows garages in excess of 952 square feet in area with a maximum accessory building area not to exceed 1,800 square feet; and, WHEREAS, the proposed garage would be 1,176 square feet, thus necessitating application of a conditional use permit; and, WHEREAS, the Planning Commission has reviewed the following documents regarding this proposal: 1. Planning Application 2. Plot Plan 3. Zoning Map 4. Aerial View 5. Photographic Documentation 6. Staff Report � NOW, THEREFORE, BE IT RE50LVED that the Mounds View Planning Commission makes the following findings of fact related to the conditional use permit request: 1. The proposed oversized 1,176 square foot garage satisfies the dimensional requirements as outlined in Chapters 1104 and 1106 of the Zoning Code. 2. The request is consistent with the Mounds View Comprehensive Plan in that the Comprehensive Plan encourages the development and maintenance of residential areas so as to improve the quality, appearance and attractiveness of housing units and residential property in general. 3. The proposed garage would not be out of place given the design of the garage and the character and geography of the surrounding area involved. 4. The proposed garage would not depreciate the neighborhood. 5. The applicants have sufficiently demonstrated that a need exists for the proposed oversized garage. NOW, THEREFORE, BE IT FURTHER RESOLVED that the Mounds View Planning Commission recommends approval of the conditional use permit for the 1,176 square foot garage, with conditions as follows: 1. The garage shall not be used for commercial purposes, living space or other uses not allowed within the R-1 Single-Family Residential district or by the Zoning Code. Should the use change for which the permit was granted; the conditional use permit shall be considered null and void. 2. The new garage shall be designed and maintained to provide a uniform appearance with the existing house. 3. The Conditional Use Permit (CUP) shall become null and void if the work for which the CUP was granted is not completed within one year from the date of approval unless a petition for extension of time in which to complete the work has been granted by the City Council. NOW THEREFORE, BE IT FINALLY RESOLVED that the Mounds View Planning Commission directs staff to forward this resolution to the City Council prior to approval of the minutes. Adopted this 2"d day of August 2006. �� G2 -'_ _ Gary Steu nson, Chairperson ATTEST: j!'..� „�_��1 � /'. -<��.�� z�e. James Ericson, Community Development Director (SEAL) MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 850-06 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF A CONDITIONAL USE PERMIT TO ALLOW FOR A 1,152 SQUARE-FOOT GARAGE AT 2925 COUNTY ROAD H2; PLANNING CASE NO CU2006-008 WHEREAS, property owner Cory Mathiowetz has applied for a conditional use permit to construct a 1,152 square foot garage; and, WHEREAS, the subject property, located at 2925 County Road H2, is zoned R-1, Single Family Residential, and is legally described as follows: Spring Lake Park Knolls, Ramsey County, Minnesota, Lot 92 WHEREAS, the Mounds View Zoning Code conditionally allows garages in excess of 952 square feet in area with a maximum accessory building area not to exceed 1,800 square feet; and, WHEREAS, the proposed garage would be 1,152 square feet, thus necessitating application for a conditional use permit; and, WHEREAS, the Planning Commission has reviewed the following documents regarding this proposal: a. Planning Application b. Plot Plan c. Zoning Map d. Aerial View e. Photographic Documentation f. Staff Report NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission makes the following findings of fact related to the conditional use permit request: 1. The proposed oversized 1,152 square foot garage satisfies the dimensional requirements as outlined in Chapters 1104 and 1106 the Zoning Code. 2. The request is consistent with the Mounds View Comprehensive Plan in that the Comprehensive Plan encourages the development and maintenance of residential areas so as to improve the quality, appearance and attractiveness of housing units and residential property in general. F��solution 550-06 F'agc, Z 3. The proposed garage would not be out of place given the design of the garage and the character and geography of the surrounding area involved. 4. The proposed garage would not depreciate the neighborhood. 5. The applicant has sufficiently demonstrated that a need exists for the proposed oversized garage. NOW, THEREFORE, BE IT FURTHER RESOLVED that the Mounds View Planning Commission recommends approval of the conditional use permit for the 1,152 square foot garage, with conditions as follows: 1. The garage shall not be used for commercial purposes, living space or other uses not allowed within the R-1 Single-Family Residential district or by the Zoning Code. Should the use change for which the permit was granted; the conditional use permit shall be considered null and void. 2. The new garage shall be designed and maintained to provide a uniform appearance with the existing house. i;,� 3. The Conditional Use Permit (CUP) shall become null and void if the work for which the CUP was granted is not completed within one year from the date of approval unless a petition for extension of time in which to complete the work has been granted by the City Council. NOW THEREFORE, BE IT FINALLY RESOLVED that the Mounds View Planning Commission directs staff to forward this resolution to the City Council prior to approval of the minutes. Adopted this 20th day of September 2006. i �� .� J��-� �ean Miller, Vice-Chair r_��r��n � �.-r, t.<,'1 ( /.'_�-=�-v ��._ James Ericson, Community Development Director (SEAL) MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 851-06 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A VARIANCE FOR A ZERO-FOOT DRIVEWAY SETBACK AT 8378 GROVELAND ROAD; MOUNDS VIEW PLANNING CASE VR2006-008 WHEREAS, the applicants, Mitch & Alison Ford, have applied for a variance to allow for a driveway with a zero-foot setback from the property line of their property located at 8378 Groveland Road; and, WHEREAS, from January 2000 to September 2004, Section 1104.01, Subd. 4b of the City Code allowed for a one-foot driveway setback in a residential district with the written consent of the adjacent property owner; and, WHEREAS, 8378 Groveland Road is zoned R-1, Single Family Residential, and is legally described as follows: AUDITOR'S SUBDIVISION NO. 89 (MV) SUBJECT TO RD & EX WEST 241.6 FEET & EX NORTH 75 FEET & EX SOUTH 75 FEET; THE SOUTH 1/2 OF LOT 42 WHEREAS, the Mounds View Planning Commission has reviewed the following documents regarding this proposal: 1. Planning Application 2. Zoning Map 3. Aerial View 4. Signed letter of agreement from neighbor 5. Written Statements from Property Owners 6. Letters from Neighbors 7. Staff Report WHEREAS, the purpose of the variance provision in the Zoning Code is to give relief to property owners when the strict enforcement of the zoning code requirements imposes a hardship thereby restricting the improvement of property due to practical difficulties brought about by unique or extraordinary features of the physical property that are beyond the property owner's control; and, WHEREAS, the Planning Commission held a duly-noticed public hearing regarding this request on September 20, 2006; and, WHEREAS, according to Section 1125.02, Subdivision 2 of the Mounds View Municipal Code, the Planning Commission is to review a standard set of criteria, of which all must be satisfied, in order to grant a variance to the Zoning Code. Res. 851-06 ('age 2 NOW, THEREFORE, BE IT RESOLVED, the Mounds View Planning Commission finds that the criteria as identified in Section 1125.02, Subdivision 2 of the Mounds View Municipal Code are satisfied and finds there to be sufficient hardship with regard to the property located at 8378 Groveland Road, and makes the following findings of fact related to its decision: 1. Circumstances apply to this property in that a gravel driveway in the same location was already in place prior to the applicant purchasing the property. 2. The literal interpretation of the provisions of the Zoning Code would limit the applicants' ability to access the additional parking/storage space on their property. 3. The applicants did not cause the original creation of this driveway extension, and intended only to improve the deteriorating original gravel surface. 4. Granting this variance would not confer upon the applicants a special privilege in that the driveway was a pre-existing condition. 5. The one (1) foot variance is the minimum variance required to alleviate the applicants' hardship. 6. Granting a variance to allow for a driveway with no setback would not be detrimental to the purpose of the Zoning Code in that the driveway is a pre- existing condition and is causing no adverse impacts. 7. Granting the variance would not impair an adequate supply of light or air to the adjoining property. 8. The City shall be held harmless from any potential liability or litigation resulting form the installation of the subject driveway and the approval of the requested variance shall in no way be construed as an endorsement of zero-foot setbacks in general. NOW, THEREFORE, BE IT FINALLY RESOLVED, the Mounds View Planning Commission, based upon the above findings, approves the variance request of Mitch & Alison Ford, 8378 Groveland Road, to allow for a driveway with a zero-foot setback from the property line. Adopted this 4th day of October, 2006. � '`�� G�'^x'"� Gary Steuenson, Chairperson ATTEST: � J �, ° ' _ l��" W.I�U� Jim Ericson, Community Development Director (SEAL) MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 852-06 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF A MINOR SUBDIVISION (LOT LINE ADJUSTMENT) BETWEEN 8409 AND 8413 GROVELAND ROAD REQUESTED BY TONY AND CHERYL HOFFMAN; MOUNDS VIEW PLANNING CASE NO. MI06-001 WHEREAS, Property owners Tony and Cheryl Hoffman (the Applicants) have requested approval of a minor subdivision of contiguous lots located at 8409 Groveland Road and 8413 Groveland Road, properties zoned R-1, Single Family Residential, legally- described as follows: The South 75 feet of the North 150 feet Lot 1, Block 1, Dalberg's Sunnyside Estates and The South 80 feet of Lot 1, Block 1, Dalberg's Sunnyside Estates WHEREAS, the Applicants propose to shift the common lot line between 8409 and 8413 Groveland Road south five (5) feet to create an 80-foot wide buildable lot (Parcel B) fronting Groveland Road; and, WHEREAS, the Planning Commission has reviewed the Applicants' request for a minor subdivision and has determined that it is in conformance with Chapters 1104, 1201, and 1202 of the Municipal Code; and WHEREAS, the Planning Commission finds that the Appiicants' request for a minor subdivision is in conformance with the Comprehensive Plan; and, WHEREAS, as a result of an approved subdivision in 2003, the applicants have already paid a park dedication fee in accordance with Section 1204.04, Subd. 4 of the Municipal Code. NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission recommends approval of the minor subdivision (lot line adjustment) of 8409 and 8413 Groveland Road subject to the following stipulations: 1. The Applicants arrange to have the Certificate of Survey revised as follows: a. Remove the shed as shown between Parcels B and C. b. Add the following notation to the garage structure on Parcel B: "To be demolished." c. Remove "Proposed Split Line" notation from Parcel C. d. Remove "Proposed Drainage and Utility Easement" notation from Parcel C. Resolution 852-06 Page 2 2. The Applicants shall arrange to have a Title Commitment prepared and submitted prior to the approval of the subdivision by the City Council. 3. The Applicants shall remove the existing garage from 8413 Groveland Road within one year from the date of Council approval. BE IT FURTHER RESOLVED that the Mounds View Planning Commission directs staff to forward this resolution to the City Council prior to approval of the minutes. Adopted this 18th day of October, 2006. i , .y. _ _. / -J � - Gary Steva - son, Chairperson ATTEST: (SEAL) James Ericson Community Development Director \ -��6. !,''�'�',�£: ��.",J!�:4 �'; �'�';��' � �'ss�''�'�I��'i.'�'�'f��'�Cr �C'CF. r�(:7iti I� � ��x. 11 �:lu��rl:,-�l. �1`. .�.1�•� I'}.re.�i; � i'. _1'inl I°�} I''a. �� . 1 + , ;�II;'.�1�'fl'I.�F.: J�'L!:'T'�r �.!'�f:J'�J��at.Y;'�;�r �'�.f�•�i f ic��ct�j r� f ` �'u�°��c��, �, ��a� . � ctm.o .. . - .H H . I' t:64i YJ PM �A'11 W . ."_ _..� __.. ___ - Il.t � - `� R2�. . i � ° I_ . .. _ _ . _ . _ _ �_ I �'z--s�r-= _�--�e.. ..,.y _ i . � i � • � � n �.n�,r�m:�r� i � i .� I '.`-.^ mx. cc k u'�.rr rixa'ur � �� : ; ua -. a.ix I i I,,�,,�I � - crN n. Hu 6�.-�yy?,rrPt ' � I sy �. .� � �:S I q' I ' I: _ , �f ' /�r: �i'f . 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X• �- �.l _._.— • . ... �_li .i x� � . -ii.i24 . — -_ .__d" _.. c p�.N•.., � ' � �.», .}rw' wM �.-Y MOUNDS VIEW PLANNING COMMISSION RESOLUTION 853-06 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION ESTABLISHING THE 2007 MEETING SCHEDULE OF THE MOUNDS VIEW PLANNING AND ZONING COMMISSION WHEREAS, the Mounds View Planning Commission intends to hold two regular meetings per month during the year 2007; and, WHEREAS, with the exception of January, July, August and November, the Planning Commission will meet on the first and third Wednesdays of each month, or as amended; and, WHEREAS, the schedule of ineeting dates shall be established and posted to provide an orderly system for use by the Planning Commission, staff and general public. NOW, THEREFORE, BE IT RESOLVED that Exhibit 1, attached hereto, is the Planning Commission's official meeting schedule for the year 2007. BE IT FINALLY RESOLVED that if the Planning Commission is required to or desires to hold special or emergency meetings, such meetings will be held in accordance with State law, Code requirements and Commission Bylaws. Adopted this 6th day of December, 2006. �' � ,�— - � �" / ' �� . ' i � 1 Gary Stevenson Chairperson ATTEST P � � <_.1��'�-c,Cl L��.,i,��3'l�t, James Ericson Community Development Director (SEAL) � EXHIBIT 1. 2007 MEETING SCHEDULE MOUNDS VIEW PLANNING AND ZONING COMMISSION January 10, 2007 February 7, 2007 March 7, 2007 April 4, 2007 May 2, 2007 June 6, 2007 July 11, 2007 August 8, 2007 September 5, 2007 October 3, 2007 November 7, 2007 December 5, 2007 \ January 24, 2007 February 21, 2007 March 21, 2007 April 18, 2007 May 16, 2007 June 20, 2007 July 25, 2007 August 22, 2007 September 19, 2007 October 17, 2007 December 19, 2007 MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 854-06 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A VARIANCE TO ALLOW FOR A TWO-FOOT SIDE- YARD SETBACK FOR A GARAGE AT 8410 KNOLLWOOD DRIVE; MOUNDS VIEW PLANNING CASE VR2006-009 WHEREAS, the applicant, Gregory Busch, has applied for a variance to allow for a two-foot, side-yard setback for a proposed 1,124 square foot attached garage on his property located at 8410 Knollwood Drive; and, WHEREAS, 8410 Knollwood Drive is zoned R-1, Single Family Residential, and is legally described as follows: Lot 10, Block 2, Gustafson's Second Edition, Ramsey County, Minnesota WHEREAS, the Mounds View Planning Commission has reviewed the following documents regarding this proposal: 1. Planning Application 2. Plot Plan 3. Zoning Map 4. Aerial View 5. Photographic Documentation 6. Staff Report WHEREAS, the purpose of the variance provision in the Zoning Code is to give relief to property owners when the strict enforcement of the zoning code requirements imposes a hardship thereby restricting the improvement of property due to practical difficulties brought about by unique or extraordinary features of the physical property that are beyond the property owner's control; and, WHEREAS, a public hearing was held Wednesday, December 6, 2006, with regard to this variance request; and, WHEREAS, according to Section 1125.02, Subdivision 2 of the Mounds View Municipal Code, the Planning Commission is to review a standard set of criteria, of which all must be satisfied, in order to grant a variance to the Zoning Code. Resolcrtion t354-06 i�age 2 NOW, THEREFORE, BE IT RESOLVED, the Mounds View Planning Commission hereby makes the following findings of fact related to this request: 1. The exceptional or extraordinary conditions relating to the variance request is that there is a large Red Oak tree behind the garage, which is limiting the area for a garage expansion. 2. The literal interpretation of the Zoning Code would restrict the property owner's ability to expand and improve upon the layout and functionality of the garage. 3. The variance is requested due to the tree placement directly behind the garage, factors over which the applicants have had no control. 4. Granting a variance to allow for the two-foot side yard setback would allow the applicants to have a larger garage in order to park their vehicles indoors and additional indoor storage space, resulting in a better appearance for the neighborhood. 5. Granting the variance would not confer upon the property owners a special privilege denied to others in the same district due to the unique nature of the existing condition present on the site. 6. The two-foot setback is the minimum variance that would alleviate the applicants' hardship. 7. The construction of a garage expansion would not be materially detrimental to the purpose of the Zoning Code or to other property in the R-1, Single-Family Residential zoning district. 8. A two-foot setback would not impair the supply of light or increase congestion, nor would it increase the danger of fire or endanger the public safety or diminish property values. `�esalution &54-06 F�age 3 NOW, THEREFORE, BE IT FINALLY RESOLVED, the Mounds View Planning Commission, based upon its review of the documentation, testimony presented at the public hearing, and the identified findings of fact, does hereby approve the variance request for a two-foot side yard setback for a proposed garage at 8410 Knollwood Drive, contingent upon the following: 1. The applicants shall obtain approval of a building permit for the garage prior to any work being accomplished. 2. The variance applies only to garage space and the setback on the south side of the lot. 3. The Variance shall become null and void if the work for which the Variance was granted is not completed within one year from the date of approval unless a petition for extension of time in which to complete the work has been granted by the City Council. Adopted this 6`h day of December, 2006. � � li�-z._�� Gary Ste enson, Chairperson ATTEST: �� n ��rw�z,:srv Jim Ericson, Community Development Director (SEAL) MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 855-06 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF A CONDITIONAL USE PERMIT TO ALLOW FOR A 1,124 SQUARE-FOOT GARAGE AT 8410 KNOLLWOOD DRIVE; PLANNING CASE NO CU2006-010 WHEREAS, property owner Gregory Busch has applied for a conditional use permit to construct a 1,124 square foot garage; and, WHEREAS, the subject property, located at 8410 Knollwood Drive, is zoned R-1, Single Family Residential, and is legally described as follows: Lot 10, Block 2, Gustafson's 2nd Addition, Ramsey County, Minnesota WHEREAS, the Mounds View Zoning Code conditionally allows garages in excess of 952 square feet in area with a maximum accessory building area not to exceed 1,800 square feet; and, WHEREAS, there is an existing shed on the property which is allowed to remain; and WHEREAS, the proposed garage would be 1,124 square feet, thus necessitating application of a conditional use permit; and, WHEREAS, the Planning Commission has reviewed the following documents regarding this proposal: 1. Planning Application 2. Plot Plan 3. Structural Drawings 4. Zoning Map 5. Aerial View 6. Photographic Documentation 7. Staff Report NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission makes the following findings of fact related to the conditional use permit request: 1. The proposed oversized 1,124 square foot garage satisfies the dimensional requirements as outlined in Chapters 1104 and 1106 of the Zoning Code. Resoluti�n 855-06 Page 2 2. The request is consistent with the Mounds View Comprehensive Plan in that the Comprehensive Plan encourages the development and maintenance of residential areas so as to improve the quality, appearance and attractiveness of housing units and residential property in general. 3. The proposed garage would not be out of place given the character and geography of the surrounding area involved. 4. The proposed garage would not depreciate the neighborhood. 5. The applicants have sufficiently demonstrated that a need exists for the proposed oversized garage. NOW, THEREFORE, BE IT FURTHER RESOLVED that the Mounds View Planning Commission recommends approval of the conditional use permit for the 1,124 square foot garage, with conditions as follows: 1. The garage shall not be used for commercial purposes, living space or other uses not allowed within the R-1 Single-Family Residential district or by the Zoning Code. Should the use change for which the permit was granted; the conditional use permit shall be considered null and void. 2. The garage expansion shall be designed and maintained to provide a uniform appearance with the existing house. 3. The Conditional Use Permit (CUP) shall become null and void if the work for which the CUP was granted is not completed within one year from the date of approval unless a petition for extension of time in which to complete the work has been granted by the City Council. BE IT FINALLY RESOLVED that the Mounds View Planning Commission directs staff to forward this resolution to the City Council prior to approval of the minutes. Adopted this 6th day of December 2006. Gary Stey�rison, Chairperson ATTEST: � `�J�.��-�..� �_��-��;� James Ericson, Community Development Director (SEAL) MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 856-06 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A VARIANCE FOR 91.5 SQUARE FEET OF ADDITIONAL EXTERIOR BUILDING SIGNAGE AT 5150 QUINCY STREET; PLANNING CASE NO. VR2006-010 WHEREAS, the applicant, Mr. Tim Hill with C.G. Hills & Sons, has applied for a variance from the maximum wall-mounted signage allotments for the building located at 5150 Quincy Street; and, WHEREAS, Section 1008.09 of the Sign Code indicates that the maximum wall- mounted signage for an industrial building is 100 square feet per business occupant; and, WHEREAS, Mr. Hill requests an additional 91.5 square feet of signage; and, WHEREAS, Section 1008.16 of the Sign Code indicates that variance requests be treated as any other variance request as articulated in Section 1125.02, Subdivision 2 of the Mounds View Zoning Code; and, WHEREAS, according to Section 1125.02, the Planning Commission is to review a standard set of criteria, of which all must be satisfied, in order to grant a variance to the Zoning Code. NOW, THEREFORE, BE IT RESOLVED, the Mounds View Planning Commission makes the following finding of facts related to this request: 1. The building at 5150 Quincy Street is in need of additional exterior wall- mounted signage on the east building elevation to provide enhanced visibility adjacent to larger developments which may obscure the subject property. 2. The literal interpretation of the provisions of this Title would deprive the applicant of rights commonly enjoyed by other properties in that the City has approved similar variances in the past for reasonable sign variance requests. 3. The special conditions or circumstances necessitating the variance request do not result from the actions of the applicant. 4. Granting the variance would not confer upon the property owner a special privilege in that every property owner has the right to apply for a variance to improve the function and viability of their business. Neither would such approval confer a special treatment as similar reasonable variances have been granted in the past. Resolufion 856-�6 i'a�e ? 5. Allowing for an additional 91.5 square feet on the east side of the building would be the minimum variance necessary to provide suitable visibility from I- 35W and alleviate the hardship. 6. The variance would not be materially detrimental to the purpose of the Municipal Code or to other property in the commercial zoning districts. 7. The proposed variance will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets or increase the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood. NOW, THEREFORE, BE IT FINALLY RESOLVED that the Mounds View Planning Commission, based upon the above identified finding of facts, does hereby approve the variance requested for an additional 91.5 square feet of signage on the east side of the building located at 5150 Quincy Street. Adopted this 6�h day of December 2006. ATTEST: (SEAL) i <_ ' ; _ _ � _ . _ _,______.---- /, \� ��- �';_7 i z- _ Gary Stevenson, Chairperson �c� i,-��d �G �%�t.�iJt2J James Ericson Community Development Director MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 857-06 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF THE "KNOLLWOOD PLACE" PRELIMINARY PLAT FOR THE PROPERTIES AT 2901 & 2925 COUNTY ROAD 10, AND THE WEST HALF OF 8060 GROVELAND ROAD, MOUNDS VIEW PLANNING CASE NUMBERS DE2006-005 AND MA2006-003 WHEREAS, Integra Homes, Inc. ("Integra Homes") has requested approval of a preliminary plat for the "Knollwood Place" major subdivision on land Iocated north of County Road 10 legally-described as follows: Lot 8, Block 3, Sherwood Estates; And, The South 135 feet of Lot 47, Audifors Subdivision NumBer 89 except the East 187 feet thereof,� And, The part of the Lot 50, Auditors Subdivision Number 89 lying Northeasterly of U.S. Highway No. 10, Ramsey County, Minnesota WHEREAS, The above-described lands are zoned R-3, Medium Density Residential and are designated as Mixed-Use on the Comprehensive Plan; and, WHEREAS, Integra Homes has submitted a Preliminary Plat for the major subdivision which creates 19 townhome lots and one outlot, dedicating the proposed private street right of ways as "Knollwood Court" and "Knollwood Way"; and, WHEREAS, the community development and public works staff, and the city engineer have all reviewed the preliminary plat and finds that it satisfies the minimum subdivision requirements as articulated in Titles 1100 and 1200 of the Mounds View Municipal Code and complies with county platting requirements; and, WHEREAS, in accordance with Section 1204.04, Subd. 4, the subdivision is subject to a park dedication fee, for an amount which has yet to be determined; and, WHEREAS, in accordance with Section 1204.04, Subd. 4, the subdivision is subject to a County Road 10 Trailway contribution to be based on the 278 feet of road frontage in the project area, for an amount of which has yet to be determined; and, WHEREAS, the proposed subdivision is NOTwithin a Wetland Zoning District; and, WHEREAS, the preliminary plat has been reviewed and approved by the City Engineers subject to the recommended revisions, and subject to receiving permits from Rice Creek Watershed District, Metropolitan Council Environmental Services, MN Department of Health, MN Pollution Control Agency, and Ramsey County; and, F�esatution 857-06 P�ge 7 WHEREAS, the Mounds View Planning Commission has reviewed the following documents regarding this proposal: 1. Planning Application 2. Zoning Map 3. Aerial View Map 4. Preliminary Plat 5. Site Plan 6. Grading, Erosion & Sediment Control, Sanitary Sewer & Watermain, and Storm Sewer Plans 7. Landscaping Plan 8. Staff Report NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission recommends approval of the Knollwood Place Preliminary Plat submitted by Integra Homes subject to the following conditions: 1. The applicants shall arrange to have a current title commitment provided to the City Attorney for review prior to the approval of the subdivision by the City Council. 2. Integra Homes shall pay a park dedication fee in an amount yet to be determined. 3. Integra Homes shall pay a County Road 10 Trailway contribution in an amount yet to be determined. 4. Integra Homes shall enter into various agreements with the City including (but not limited to) the Developers Agreement. 5. Integra Homes shall obtain permits from Rice Creek Watershed District, Metropolitan Council Environmental Services, MN Department of Health, MN Pollution Control Agency, Ramsey County, and the City before construction activity commences. 6. All utilities within the development area shall be located underground. 7. No snow storage shall be allowed on site that would reduce the number of parking stalls or drive aisle widths, or extend beyond the property lines. 8. Integra Homes shall apply for Final Plat approval no later than May 6, 2007 or the Preliminary Plat approval will become null and void. F2esoiufion f357-0& P<tge 3 NOW, THEREFORE, BE IT FINALLY RESOLVED that the Mounds View Planning Commission directs staff to forward this resolution to the City Council prior to approval of the minutes. Adopted this 6th day of December, 2006. r;, �; - �� ,_ -� _ Gary Stevenson, Chairperson ATTEST: (SEAL) � ;., c G i �-t.e�c� c' /-3c-u,�-+��J James Ericson Community Development Director