HomeMy WebLinkAbout 899-09 to 920-09�
Resokltion �399 - 09
Pac�e 2
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.
5. Allowing for additional 93 square-feet of signs on the building would be the
minimum variance necessary to alleviate the existing 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 �ight 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 93
square foot variance request, for a total of 193 square feet of wall signage, on the sides of
Kentucky Fried Chicken restaurant located at 2213 County Highway 10.
Adopted the 4�h day of March 2009.
Gary Steve�%s�c'ln, Chairperson
ATTEST:
Ken R berts
Community Development Director
(SEAL)
MOUNDS VIEW PLANNING COMMISSION
RESOLUTION NO. 900-09
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION RECOMMENDING APPROVAL OF AN AMENDMENT TO
CHAPTER 1104 OF THE MOUNDS VIEW ZONING CODE TO REMOVE "DECKS"
FROM ALLOWED ENCROACHMENTS
WHEREAS, City staff has recommended that "decks" be removed from the list of
allowed encroachments in Chapter 1104.01 of the Zoning Code; and,
WHEREAS, City staff has amended Chapter 1104.01 Subd. 5c of the Mounds View
Zoning Code by deleting the ��rts4eT language and adding the underlined text as follows:
Chapter 1104.01, Subd. 5. Encroachments:
c. Terraces, steps, c�eslFS, stoops or similar features; provided they do not
extend above the height of the ground floor level of the principal structure or
to a distance less than two (2') feet from any lot line.
WHEREAS, amending the Zoning Code to remove "decks" from the list of allowed
encroachments will serve to clarify the zoning requirements; 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 an amendment to Chapter 1104 of the Mounds View
Zoning Code to remove decks from the allowed encroachments as defined herein.
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 da June, 2009.
/� � - ---
�
� s /c.r G `"` �- �
Gary St�qe, �%'n, C>a}�erse��/J
ATTEST:
Kenne�h Roberts, Community Development Director
(SEAL)
MOUNDS VIEW PLANNING COMMISSION
RESOLUTION NO. 901- 09
CITY OF MOUNDS VIEW
RAMSEY COUNTY
STATE OF MINNESOTA
RESOLUTION RECOMMENDING APPROVAL OF A CONDITIONAL USE PERMIT TO
ALLOW AN OUTSIDE SALES OPERATION AT 2400 COUNTY ROAD H2; PLANNING
CASE NO CU2009-001
WHEREAS, Kevin Halverson with Robert's, has applied for a conditional use permit
to operate a seasonal outside and outdoor sales (flea market, farmers market and auctions)
in the parking lot of Robert's; and,
WHEREAS, the subject property, located at 2400 County Road H2, is zoned B-3
(Highway Business), and is legally described as follows:
ln Section 8, Township 30, Range 23, the North 363 Feet of the West 330 Feet of
the NE % of the SW %(Subject fo the Roads) (PIN 08-30-23-31-0005)
WHEREAS, the Mounds View Zoning Code conditionally allows open and outdoor
sales in B-3 and higher zoning districts; and,
WHEREAS, the applicant is proposing to operate the outside and outdoor sales from
about April 2 to September 30 each year; and,
WHEREAS, the Planning Commission has reviewed the following documents about
this proposal:
a. Planning Application
b. Zoning Map
c. Existing Land Use Map
d. Future Land Use Map
e. 2007 Aerial Photo and parking plan dated April 1, 2009
f. Parking plan dated April 10, 2009
g. 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 outside sales (flea market, farmers market and auctions) meets the
requirements as outlined in Chapters 1115 and 1125 of the Zoning Code.
2. The request is consistent with the Mounds View Comprehensive Plan in that the
outdoor sales would be a type of land use that is consistent with the "Community
Commercial" and "Mixed Use" and land use designations for the Robert's site.
Resolution 901 - 09
Page 2
The seasonal outside and outdoor sales would not be out of place given the
existing character of the surrounding area.
4. The proposed outdoor sales should not depreciate the neighboring properties.
5. The applicant has sufficiently demonstrated that a need exists for this land use.
NOW, THEREFORE, BE IT RESOLV�D that the Mounds View Planning Commission
recommends approval of the conditional use permit for the seasonal outside sales (flea
market, farmers market and auctions), with conditions as follows:
1. The City allows the outside sales to operate from April 1 to September 30 of each
year.
2. The hours of operation of the outside sales shall be between 7:30 am to 1:30 pm.
3. There shall only be outside sales on Thursdays, Saturdays and Sundays and there
shall be a maximum of two outdoor auctions held on the site each month.
4. The applicant or sales operator shall provide adequate security and traffic control to
ensure the safety of the vendors, buyers and all others on the site.
5. The outside sales area is limited to a maximum of 20 parking spaces unless the City
approves a variance to increase the amount of area allowed for outside sales.
6. The City only allows signage for the outside or outdoor sales and auctions as a
part of the existing Robert's freestanding sign. Each vendor may have one sign for
their booth or display area that does not exceed 16 square feet.
7. The existing parking lot standards shall supply the lighting for the outside sales.
8. The owner or operator shall ensure that after every sale day the parking lot is
cleaned up and is completely cleared of everything from the sale(s). The City does
not allow overnight parking or nothing to remain on the site after the sale and
auctions and no overnight outdoor storage is allowed as part of this approval.
9. There shall be no outside loudspeakers or public address systems allowed or
used with the outside sales and auction activities on the site.
10. By September 15, 2009, the property owner shall replace all dead and dying
arborvitae along the west side of the parking lot with new shrubs that are at least four
feet tall.
Resolu#ion 901 - 09
Page 3
11. By October 5, 2009, the property owner shall repair and restripe the parking lot.
12. The applicant shall provide the following on an annual basis to the City of Mounds
View Community Development Director:
a. Letter of permission from property owner (if different from the sales operator).
b. Drawing of site plan including the parking spaces that the sales area will use.
c. Narrative description of the proposal.
13. The Planning Commission and the City Council may review this Conditional Use
Permit if any problems develop or if there are any changes to the outside sales or
auctions or the operation of the business (including the amount of parking or outside
sales area) that the City deems substantial enough to warrant such a review.
NOW THEREFORE, BE IT FURTHER RESOLVED that this Conditional Use Permit
shall have no expiration date and shall remain in force so long as the owner or operator
meets the conditions required by the City.
NOW THEREFORE, BE IT FINALLY RESOLVED that the Mounds View Planning
Commission directs staff to forward this resolution to the City Council before approval of the
minutes.
Adopted this 15th day of April 2009.
Gary
ATTEST:
Ken R berts, Community Development Director
(SFAL)
,�, �� ... �
� � �,,
5
'����1)II1111�
MOUNDS VIEW PLANNING COMMISSION
RESOLUTION NO. 902 - 09
CITY OF MOUNDS VIEW
RAMSEY COUNTY
STATE OF MINNESOTA
A RESOLUTION APPROVING A VARIANCE FROM THE MAXIMUM ALOWED
OUTSIDE SALES AREA OF 3,389 SQUARE FEET, TO HAVE A TOTAL OF 15, 200
SQUARE FEET OF EXTERIOR or OPEN AND OUTSIDE SALES AREA FOR
ROBERT'S SPORTS BAR, 2400 COUNTY ROAD H2; PLANNING CASES NO. CU
2009 — 001 AND VR 2009-002
WHEREAS, the applicant, Robert's Sports Bar, represented by Kevin Halverson,
has requested a variance from the maximum allotment of open and outside sales area for
his bar and restaurant located at 2400 County Road H2, legally know as:
In Section 8, Township 30, Range 23, the North 363 Feet of the West 330 Feet
of the NE'/4 of the SW'/4 (Subject to the Roads) (PIN 08-30-23-31-0005)
WHEREAS, Kevin Halverson with Robert's, has applied to the City for a
conditional use permit to operate a seasonal outside sales (flea market, farmers market
and auctions) in the parking lot of Robert's; and,
WHEREAS, the City has zoned the subject property, located at 2400 County Road
H2, B-3 (Highway Business); and:
WHEREAS, the Mounds View Zoning Code conditionally allows open and outside
sales in B-3 and higher zoning districts; and,
WHEREAS, the applicant is proposing to operate the outside sales from about
April 2 to September 30 each year; and,
WHEREAS, Section 1114.04, Subd. 5 a. of the City Code indicates that outside
services, sales and equipment rental connected with the principal use is limited to 30
percent of the gross floor area of the principal use; and,
WHEREAS, the existing building, according to City records, is 11,295 square feet
in area which, by City Code, could have up to 3,389 square feet of area designated for
outside sales; and,
WHEREAS, Mr. Halverson of Robert's is requesting City approval to have an
additional 11,811 square feet of outside sales area on the subject property above the
3,389 square feet that the City Code allows (for a total of 15,200 square feet (80 parking
spaces) of outside sales area on the property); and,
Resolution 902 - OJ
Paye 2
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 or use of the 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, according to Section 1125.02, of the Mounds View City Code, the
Planning Commission is to review a standard set of criteria, of which all must be satisfied,
in order for the City 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 freestanding bar and restaurant at 2400 County Road H2 needs more area
than the City Code allows for outside sales in their parking lot in order to have
a viable and productive sales area.
2. The literal interpretation of the provisions of this Title would deprive the
applicant of rights enjoyed by other properties in the B-3, Highway Business
District in that the City encourages the highest and best use of properties and
that variances to the City requirements are often justified when difficulties
present a liardship as they do in this situation.
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 denied to others in the same zoning district due to the unique nature
of the request and that every property owner has the right to apply to the City
for a variance to improve the function and viability of their business.
5. Allowing for additional 11,811 square-feet of outside sales area in the parking lot
would be the minimum variance necessary to 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 inerease 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 11,811 square foot variance request, for a total of 15,200 square feet of
outside sales area (80 parking spaces), on the property of Robert's Sports Bar and
restaurant located at 2400 County Road H2, contingent upon the following:
Resolution 902 - 09
Page 3
The applicant shall arrange to have recorded with Ramsey County this
resolution of approval and provide the City with proof of such recordation within
60 days of the date of approval or the City shall consider this variance approval
null and void.
2. The city must grant a conditional use permit to allow the outside sales and
auctions on the subject property. If the City does not grant the conditional use
permit within 60 days of approval of the variance, the City shall consider the
variance null and void.
3. The applicant shall provide City staff with a final site plan of the property by
May 1, 2009 showing on-site traffic flow, the areas to be used fior outside sales
and display, for customer parking and for employee parking.
4. The Planning Commission and the City Council may review this approval if any
problems develop or if there are any changes to the outside sales or auctions
or the operation of the business (including the amount of parking or sales area)
that the City deems substantial enough to warrant such a review.
Adopted the 15�" day of April 2009.
�
. �
%� �� '�� .
� c,/' �"}`�_--j
Gary Stever��on, Chairperson
ATTEST:
Ke Roberts `
Community Development Director
( �3'�Al_)
� ; ����„��,�.��
MOUNDS VIEW PLANNING COMMISSION
RESOLUTION NO. 903-09
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION RECOMMENDING APPROVAL OF AN AMENDMENT TO
CHAPTER 1116 OF THE MOUNDS VIEW ZONING CODE PERTAINING TO THE
STORAGE OF FLAMMABLE LIQUIDS IN INDUSTRIAL DISTRICTS
WHEREAS, City staff has recommended that additional language pertaining to
above-ground flammable liquid storage be added to Chapter 1116 of the Zoning Code;
and,
WHEREAS, City staff has amended Chapters 1116.02 and 1116.04 Subd. 20 of the
Mounds View Zoning Code by deleting the ��^ language and adding the underlined
text as follows:
1116.02: PERMITTED USES: The following are permitted uses in an I-1
District:
Flammable liquids: Above qround storaqe not to exceed a total of 800 qallons;
underground bulk storage e�, not to exceed twenty five thousand (25,000) gallons
if located not less than fifty feet (50") from a residential district.
Chapter 1116.04: Conditional Uses: The following are conditional uses in an I-1
District (requiring a conditional use permit based upon procedures set forth in and
regulated by Section 1125.01 of this Title):
Subd. 20. Storage of flammable liquids: over 800 qallons above qround. (1988
Code §40.20)
WHEREAS, amending the Zoning Code to change the requirements for the storage
of flammable liquids will serve to clarify the zoning requirements; and,
WHEREAS, the Mounds View Planning Commission concurs that an amendment to
the City Code is warranted and justified.
Re,olution 903-Q9
Page 2
NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning
Commission recommends approval of amendments to Chapter 1116 of the Mounds View
Zoning Code pertaining to storage of flammable liquids as defined herein.
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.
ATTEST:
(SEAL)
�
Adopted this 17�h day of June, 2009
��,� % �
�--`�.�
Gary Stevenso� Chairperson
Community Development Director
MOUPIDS VIEW PLANNING COMMISSION
R�SO�IJTION N9. 904-09
CIiY OF MOUNDS VIEW
RAMS�Y COUNiY
STAT� OF MINNESATA
RESOI�UTION RECOMMEIVDING APPROVAL AF 12EVISIONS AND ADDIiIONS
TO iH� 200� CAMPR@tiENSIV€ P�.AN UP9AiE;
SPECI,AL PLANNINC CAS� NO. SP�154�07.
WFi�R�AS, State Statutes (Minn. Stat. 462.355, Subd. 1a and 473.175-
4i3.871) require the City of Mounds View to update its Comprehensive Plan and
submit it to the Metropolitan Council for review; and
WkI���AS, State Statutes (Minn. Stat. 462.355, Subd. 1) states that the
planning agency shall prepare the comprehensive plan; and
WHEREAS, Section 401.04 of the Mounds View City Code designates the
Planning Commission as the planning agency as authorized by State Statutes; and
WH���AS, the Planning Commission has prepared an update to the
comprehensive plan; and
WHER�AS, the Planning Commission held a public hearing on November 19,
2008, with City staff publishing the required notice in the official city newspaper; and
WHEREAS, the Planning Commission held the public hearing to review the
proposed plan update and to take comments from the public about the proposed
Comprehensive Plan; and
WHE��A,S, on April 27, 2009, the City Council authorized City staff to send the
Comprehensive Plan update to the Metropolitan Council for review and comment; and
WH�R�,4S, in May 2009 the Metropolitan Council notified City staff the 2030
Comprehensive Plan as submitted by the City was incomplete for their review for a
variety of reasons; and
Wb�REAS, City staff has made corrections and additions to the Mounds View
Comprehensive Pian update to address the concerns of the Metropolitan Council.
NOW, ib�R�FOR�, �� Il' ��SO�V�� that the Mounds View Planning
Commission recommends that the City Council approve the 2008 Comprehensive Plan
update with the corrections and additions as proposed by City staff.
Resolution 904-09
Page 2
�E IT �INALI�Y RESOLVED that the Planning Commission directs City staff to
forward this resolution to the Mounds View City Council before approval of the minutes.
Adopted this 1st day of July, 2009
Attest:
(SEAL)
�
�� � __.�\
/ ' -� ---
� �,,� ! �� W °�� _
Gary Stev on, Chairperson
Community Development Director
MOUNDS VIEW PLANNING COMMISSION
RESOLUTION NO. 905-09
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION RECOMMENDING APPROVAL OF AN AMENDMENT TO
CHAPTER 1103 OF THE MOUNDS VIEW ZONING CODE TO ADDRESS 36 INCH OR
LESS DIAMETER SATELLITE DISH ANTENNAS
WHEREAS, City staff has recommended that 36 inch or less diameter satellite dish
antennas be specifically addressed in Chapter 1103.18 of the Zoning Code; and,
WHEREAS, City staff has amended Chapter 1103.18 of the Mounds View Zoning
Code by deleting the ���;-EQ � language and adding the underlined text as follows:
Chapter 1103.18: SATELLITE DISH ANTENNAS:
Subd. 1. Residential Districts: The installation of satellite dish antennas over 36" in
diameter in R-1, R-2 and R-5 Residential Districts shall meet the following
requirements:
a. The maximum dish diameter shall be twelve feet (12').
b. A dish with a diameter larger than three feet (3') shall not be installed on any
structure, building, garage or accessory building but shall be ground mounted.
c. A dish shall not be installed in a front yard or side yard.
d. The location of a dish shall satisfy building setback requirements of subdivision
1104.01(3) of this Title and solar sky space easement requirements of Section
1103.04 of this Chapter.
e. The total height of the installation shall not exceed fifteen feet (15').
f. A building permit is required prior to insta�lation.
g. The installation shall complywith Federal Communication Commission regulations.
Subd. 2. Other Zoning Districts: Installation of satellite dish antennas in other zoning
districts shall meet the following requirements:
a. The location of a dish shall satisfy building setback requirements of subdivision
1104.01(3) of this Title and solar sky space easement requirements of Section
1103.04 of this Chapter. (1988 Code §40.04)
Resohition 905-09
Page 2
Subd. 3. All Zoninq Districts: Installation of satellite dish antennas 36" or less in diameter
shall meet the followinq requirements:
a. A satellite dish shall not be installed in a public riqht-of-wav, public easement or
wetland.
WHEREAS, amending the Zoning Code to address 36 inch or less diameter satellite
dish antennas wili serve to clarify the zoning requirements; 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 an amendment to Chapter 1103 of the Mounds View
Zoning Code to address 36 inch diameter satellite dish antennas as defined herein.
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 1S� day of July, 2009.
Gary
ATTEST:
,� , (SEAL)
�'
' %, . . '
,�
� ����1111111111�
Roberts, Community Development Director
MOUNDS VIEW PLANNING COMMISSION
RESOLUTION NO. 906-09
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION RECOMMENDING APPROVAL OF AN AMENDMENT TO
CHAPTER 1106 OF THE MOUNDS VIEW ZONING CODE TO ALLOW DAYCARE
CENTERS AS A CONDITIONAL USE IN R-1 DISTRICTS IN PUBLIC OR SEMI-
PUBLIC RECREATIONAL BUILDINGS AND NEIGHBORHOOD OR COMMUNITY
CENTERS, PUBLIC AND PRIVATE EDUCATIONAL INSTITUTIONS LIMITED TO
ELEMENTARY, JUNIOR HIGH AND SENIOR HIGH SCHOOLS AND RELIGIOUS
INSTITUTIONS, SUCH AS CHURCHES, TEMPLES AND SYNAGOGUES
WHEREAS, City staff has recommended that daycare centers be added as a
conditional use in R-1, Single Family Residential Districts in public or semi-public
recreational buildings and neighborhood or community centers, public and private
educational institutions limited to elementary, junior high and senior high schools and
religious institutions, such as churches, temples and synagogues in Chapter 1106.04 of the
Zoning Code; and,
WHEREAS, City staff has amended Chapter 1103.18 of the Mounds View Zoning
Code by deleting the ��i:°^,�; language and adding the underlined text as foliows:
1106.04: CONDITIONAL USES: The following are conditional uses in an R-1 District
(requiring a conditional use permit based upon procedures set forth in and regulated by
Section 1125.01 of this Title):
Subd. 1. Public or semi-public recreational buildings and neighborhood or community
centers, public and private educational institutions limited to elementary, junior high
and senior high schools and religious institutions, such as churches, chapels, temples
and synagogues; provided, that:
a. Front yard depths shall be a minimum of thirty five feet (35').
b. Side yards shall be no less than thirty feet (30').
c. Minimum lot area shall be no less than one (1) acre, or as provided in Section
1104.02, subdivision 2b(3). (Ord. 590, 11-25-96)
d. Adequate screening from abutting residential uses and landscaping is provided in
compliance with Section 1103.08 of this Title.
e. Adequate off-street parking and access is provided on the site or on lots directly
abutting or directly across a public street to the principal use in compliance with
Chapter 1121 of this Title and that such parking is adequately screened and
landscaped from surrounding and abutting residential uses in compliance with Section
1103.08 of this Title.
Resolution .906-0�
Page 7_
f. Adequate off-street loading and seroice entrances are provided and regulated
where applicable by Chapter 1122 of this Title.
g. The provisions of Section 1125.01, subdivision 1e of this Title are considered and
satisfactorily met. (Ord. 590, 11-25-96)
Subd. 8. Day care center or qroup nurserv operatinq in a public or semi-public recreational
buildinq, neighborhood or community center, public and private educational institution limited
to elementary iunior hiqh and senior hiqh schools, and religious institutions, such as
churches, chapels, temples and svnaqopues; provided, that:
a. No overnicaht facilities are provided for the children served. Children are delivered
and removed from the facilitv dailv.
b. Not �ess than fortv (401 square feet of outside play space per child shall be
provided and that such space be suitablv fenced and/or screened in accordance with
conditions as specified by the City Council.
c. Adequate off-street parkinp and access is provided in compliance with Chaater
1121 of this Title.
d. Adeauate off-street loadinq and service entrances are provided in compliance with
Chapter 1122 of this Title.
e. The site and related parkinq and service entrances shall be served bv an arterial
or collector street of sufficient capacitv to accommodate the traffic which will be
generated.
f. All siqninq and informational or visual communication devices shall be in
compliance with the Mounds View Siqn Code.
g. The provisions of Section 1125.01, subdivision 1e of this Title pertaininq to
adverse effects, are considered and satisfactorilv met.
h. The distance between anv outdoor play yard for a day care center or proup
nurserv and the Hiqhwav 10 riaht-of-wav line shall be a minimum of two hundred feet
(200'), except as provided in Section 1123.02, subdivision 1c.
i. No dav care center or qroup nurserv shall be permitted where the distance from
the property line for the day care center or qroup nurserv to a premise requirinq a
liquor license, as provided in Section 502 of the Municipal Code, or a license for an
adult establishment, as provided in Section 513 of the Municipal Code, is five hundred
feet (500') or less, except that the five hundred (500) foot requirement shall not apply
to anv liauor establishment receivinq at least sixty percent (60%) of its annual qross
sales revenue from the sale of food.
Resolution 906-09
Pa�e :;
WHEREAS, amending the Zoning Code to add daycare centers as a conditional use
in R-1, Single Family Residential Districts in public or semi-public recreational buildings, K-
12 public and private educational institutions and religious institutions will serve to clarify
the zoning requirements; and,
WHEREAS, the Mounds View Planning Commission concurs that an amendmentto
the City Code is warranted and justified.
NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning
Commission recommends approval of an amendment to Chapter 1106.04 of the Mounds
View Zoning Code to add daycare centers as a conditional use in R-1, Single Family
Residential Districts in public or semi-public recreational buildings, K-12 public and private
educational institutions and religious institutions as defined herein.
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 July, 2009.
Gary
ATTEST:
(SEAL)
Roberts, Community Development Director
MOUNDS VIEW PLANNING COMMISSION
RESOLUTION NO. 907-09
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION RECOMMENDING APPROVAL OF AN AMENDMENT TO
CHAPTER 1113 TO ADD CAR WASHES AS A CONDITIONAL USE IN
B-2 ZONING DISTRICTS
PLANNING CASE NO. TX2009-001
WHEREAS, the Mounds View Planning Commission recommends the following
conditional use be added to Chapter 1113.04 of the Mounds View Zoning Code to read as
follows:
Subd. 9. Car washes (drive through, mechanical and self-service); provided, that:
a. The architectural appearance and functional plan of the building and site shall not
be so dissimilar to the exisiing buildings or area as to cause impairment in property
values or consfitute a blighting influence within a reasonable distance of the lot.
b. Magazining or stacking space is constructed to accommodate that number of
vehicles which can be washed during a maximum thirty (30) minute period and shall
be subject to the approval of the Director of Pu61ic Works/City Engineer.
c. At the boundaries of a residential district, a strip of not less than ten feet (10) shall
be landscaped and screened in compliance with subdivisions 1103.08(1) through (5) of
this Title.
d. Each light sfandard island and all islands in the parking lot shall be landscaped or
covered.
e. Parking or car magazine storage space shall be screened from view of abutting
residential districts in compliance with subdivisions 1103.08(I) through (5) of this Title.
f. The entire area, other than occupied by the building or plantings, shall be surfaced
with material which will control dust, drainage and erosion which is subject to the
approval of the Director of Public Works/City Engineer.
g. The entire area shall have a drainage system which is subjeci to the approval of
the Director of Public Works/City Engineer.
h. All lighiing shall be hooded and so directed fhat the light source is not visible from
the public right of way or from an abutting residence and shall be in compliance with
Section 1103.09 of this Title.
Resolution 9Q7-09
t'age 2
i. Vehicular access points shall be limited, shall create a minimum of conflict wifh
through traffic movement and shall be subject to the approval of the Director of
Public Works/City Engineer.
j. All signing and informational or visual communication devices shall be in
compliance with the Mounds View Sign Code.
k. Provisions are made to control and reduce noise.
I. The provisions of subdivision 1125.01(1)e of this Title are considered and
satisfactorily met.
WHEREAS, the Mounds View Planning Commission concurs that this
amendment to the City Code is warranted and justified.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the Mounds View
Planning Commission recommends approval of an amendment to Chapter 1113 of the
Mounds View Zoning Code to add Car Washes as a conditional use.
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 5�h day of August, 2009.
. °,r
jYf - - ._
I
�
' °'���� C2 � "�`�
Gary Stevenson, hairperson
ATTEST:
e neth Roberts, Community Development Director
(SE,4L)
`�,{�,!� �
� � ��� ,
�i,�
��
�
q
MOUNDS VIEW PLANNING COMMISSION
RESOLUTION NO. 908-09
CITY OF MOUNDS VIEW
COUNTY pF RAMSEY
STATE OF MINNESOTA
RESOLUTION RECOMMENDING APPROVAL OF A CONDITIONAL USE PERMIT
AND DEVELOPMENT REVIEW FOR A CAR WASH AT "THE STATION,"
2280 COUNTY ROAD I,
PLANNING CASE NOS. CU2009-002 AND DE2009-001
WHEREAS, Leon Theis, owner of "The Station," located at 2280 County Road I,
has requested a Conditional Use Permit and Deve�opment Review to add a Car Wash
to the subject property; and,
WHEREAS, the subject property is legally described as follows:
That part of Lot 1, Block 4, Spring Lake Park Nighlands, lying east of the west 54 feet;
That part of Lot 2, Block 4, Spring Lake Park Highlands, lying east of the west 54 feet
and north of the south 49 feet;
That part of the south 49 feet of Lot 2, Block 4, Spring Lake Park Highlands, lying east
of the west 70 feet. Ramsey County, Minnesota.
Subject to a drainage and utility easement over the north 10 feet thereof, and over the
east 10 feef thereof, and over the south 5 feet fhereof.
PIN 083023120088
WHEREAS, the Planning Commission has reviewed the following documents
regarding this proposal:
1. Aerial Map
2. Proposed Site Plan
3. Zoning Map
4. Photographic Documentation
WHEREAS, the Planning Commission held a public meeting about this request
on Wednesday, August 5, 2009; and,
WHEREAS, according to Section 1125 of the Mounds View Zoning Code, the
Planning Commission is to consider the possible adverse effects of the proposed
Conditional Use Permit and Development Review, and shall make a finding of fact
related to its review of the requests.
NOW, THEREFORE, BE IT RESOLVED, the Mounds View Planning
Commission makes the following findings of fact regarding the Conditional Use Permit
request as required by the Mounds View Zoning Code:
1. The request for a conditional use permit to allow a car wash at The Station,
which is zoned B-2, should not negatively impact or depreciate the adjacent
properties due to the primary use of the property not changing.
Reso/t�ti�n 905-0,9
Page 2
2. The property currently has 29 parking spaces, well above the required 18
spaces. The site plan shows that the property owner could add more parking
spaces if necessary.
3. The applicant has demonstrated a need for the conditional use permit, in order to
expand his business and better compete with other nearby fuel stations that have
car washes.
4. There does not appear to be any adverse effects associated with the proposed
conditional use permit and development review for a car wash.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Mounds View
Planning Commission recommends approval of the development review for the addition
of a car wash at The Station, 2280 County Road I, subject to the following conditions:
1. The City Council approving the proposed code amendment to allow car washes
in a B-2 zoning district (Chapter 1113 of the city code).
2. The car wash hours of operation shall be limited to the hours of 7am to 10pm.
3. The car wash building must have a similar design and color scheme to the
existing retail building.
4. The property owner shall maintain the area of land between the car wash and
neighboring building. The area must be kept free of long grass, junk or debris.
NOW, THEREFORE, BE IT FURTHER RESOLVED, based upon the above
findings of fact, the Mounds View Planning Commission recommends approval of the
conditional use permit for the motor fuel station, subject to the following condition:
1. The conditional use permit shall be considered null and void if not acted on within
one year.
NOW, THEREFORE, BE IT FINALLY RESOLVED that the Planning
Commission directs staff to forward this resolution to the City Council prior to approval
of the minutes.
Adopted this 5th day of August, 2009. �--- --
Attest:
(Seal)
��� _ ,_
�7 � �, / � � ����\
��/ c.. , ; �i� �%`.vti` ��
Gary Stevenson, "airperson
Ken th Roberts, Community Development Director
MOUNDS VIEW PLANNING COMMISSION
RESOLUTION NO. 909-09
CITY OF MOUNDS VIEW
RAMSEY COUNTY
STATE OF MINNESOTA
RESOLUTION RECOMMENDING APPROVAL OF AMENDMENTS TO CHAPTERS
1102, 1104 AND 1106 OF THE MOUNDS VIEW ZONING CODE ABOUT THE
DEFINITION OF BUILDING HEIGHT AND ABOUT VARIOUS CODE PROVISIONS
ABOUT ACCESSORY BUILDINGS INCLUDING HEIGHT, REQUIRED ACCESSORY
BUILDING SEPARATION DISTANCE, MATERIALS AND EXTERIOR DESIGN
THE CITY OF MOUNDS VIEW DOES HEREBY ORDAIN:
SECTION 1: Chapter 1102 of the Mounds View Zoning Code is hereby amended with the
proposed additions underlined and the deletions sEriekei� as follows:
Chapter 1102.02, Definitions:
Subd. 12. Building Height. Building height is to be measured #a„ �":.=�
es�aE�{+skted �ar�-level-or- from the average ground level at the building line,
wl�isMeve�is�+g�ae:�-to-�k}e-ts�-ef�l-ie-se;�,;e� e�a��esf;-te�lae-des{�4iF�e-ef-a
�� f ..,,,� +„ +h� �, ., ,�•�+.,.,,.,. „s +hc.-�-I�igWes�g2.l�le�en a-k3ite�c��
k�e�l-rse# to the hiqhest roof surface.
SECTION 2: Chapter 1104 of the Mounds View Zoning Code is hereby amended with the
proposed additions underlined and the deletions s#+i��!<e� as follows:
Chapter 1104.02, Subd. 3, Height Limitations:
f. The heiqht of anv accessorv buildinq or structure shall not exceed 18 feet or
that of the principal structure whichever is less.
SECTION 3: Chapter 1106 of the Mounds View Zoning Code is hereby amended with the
proposed additions underlined and the deletions s#r�er� as follows:
Chapter 1106.03, Subd. 1. Accessory Uses:
b. Accessory buildings shall not exceed #i€�eei� eiqhteen feet (18') or that of
the principal structure whichever is less, in height ar�d-shall be five feet (5') or
more from all lot lines of adjoining lots and must have a pitch or slope of at least
2-12. Accessorv buildinqs 120 square feet or under shall be three feet (3') or
more from any other buildinq or structure c^ `"°�.,°�^,,°�'�. Accessorv buildinqs
larqer than 120 square feet shall meet the minimum fire separation distance as
required bv the Minnesota State Buildinq Code.
Resolufion 909-08
Page 2
SECTION 4. Chapter 1106.03 of the Mounds View Zoning Code is hereby amended
with the proposed additions underlined and the deletions s�ra� as follows:
g. Accessory buildings shall have a weather resistant, treated or finished exterior.
Structures composed of tubular metal and canvas or exposed plywood, particle
board or similar materials shall not be permitted. The City does not allow cloth,
canvas, plastic sheets and tarps or similar materials as primarv exterior materials on
accessory buildinqs (except for qreen houses).
SECTION 5. Chapter 1106.03 of the Mounds View Zoning Code is hereby amended
with the proposed additions underlined and the deletions sir�e�ce� as follows:
i. The roof of all accessorv buildinqs exceedinq two hundred fiftv (250) square feet
in size shall:
Match or be similar to the character and stvle of the roof of the principal
structure.
2. Have a pitch or slope of at least 2-12.
WHEREAS, amending the Zoning Code to change the requirements for
accessory buildings will serve to clarify the zoning requirements; 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 1102, 1104 and 1106
of the Mounds View Zoning Code pertaining to building height and accessory buildings
as defined herein.
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 Ay�gust, 2009.
�/ `
Gary St nsQri, Chairperson
ATT�ST:
Ken eth Roberts, Community Development Director
(SEAL)
MOUNDS VIEW PLANNING COMMISSION
RESOLUTION NO. 910-09
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION RECOMMENDING APPROVAL OF AMENDMENTS TO
CHAPTERS 1102 AND 1106 OF THE MOUNDS VIEW ZONING CODE TO ALLOW
DAYCARE CENTERS AS A CONDITIONAL USE IN R-1 DISTRICTS IN PUBLIC OR
SEMI-PUBLIC RECREATIONAL BUILDINGS AND NEIGHBORHOOD OR
COMMUNITY CENTERS, PUBLIC AND PRIVATE EDUCATIONAL INSTITUTIONS
LIMITED TO ELEMENTARY, JUNIOR HIGH AND SENIOR HIGH SCHOOLS AND
RELIGIOUS INSTITUTIONS, SUCH AS CHURCHES, TEMPLES AND SYNAGOGUES
WHEREAS, City staff has recommended that a definition for adult day care be
added to Chapter 1102.02, and that daycare centers be added as a conditional use in R-1,
Single Family Residential Districts in public or semi-public recreational buildings and
neighborhood or community centers, public and private educational institutions limited to
elementary, junior high and senior high schools and religious institutions, such as
churches, temples and synagogues in Chapter 1106.04 of the Zoning Code; and,
WHEREAS, City staff has amended Chapter 1102.02 by adding a definition forAdult
Day Care as follows:
DAY CARE, ADULT: A non-residential facility or program that provides care or
activities for elderly and/or handicapped individuals.
WHEREAS, City staff has amended Chapter 1103.18 of the Mounds View Zoning
Code by deleting the �t�ic-ket� language and adding the underlined text as follows:
1106.04: CONDITIONAL USES: The following are conditional uses in an R-1 District
(requiring a conditional use permit based upon procedures set forth in and regulated by
Section 1125.01 of this Title):
Subd. 1. Public or semi-public recreational buildings and neighborhood or community
centers, public and private educational institutions limited to elementary, junior high
and senior high schools and religious institutions, such as churches, chapels, temples
and synagogues; provided, that:
a. Front yard depths shall be a minimum of thirty five feet (35').
b. Side yards shall be no less than thirty feet (30').
c. Minimum lot area shall be no less than one (1) acre, or as provided in Section
1104.02, subdivision 2b(3). (Ord. 590, 11-25-96)
d. Adequate screening from abutting residential uses and landscaping is provided in
compliance with Section 1103.08 of this Title.
Resolution 910-09
Paye 2
e. Adequate off-street parking and access is provided on the site or on lots directly
abutting or directly across a public street to the principal use in compliance with
Chapter 1121 of this Title and that such parking is adequately screened and
landscaped from surrounding and abutting residential uses in compliance with Section
1103.08 of this Title.
f. Adequate off-street loading and service entrances are provided and regulated
where applicable by Chapter 1122 of this Title.
g. The provisions of Section 1125.01, subdivision 1 e of this Title are considered and
satisfactorily met. (Ord. 590, 11-25-96)
h. Dav care center qroup nurserv or adult dav care operatinq as a secondarv or
accessorv use in a public or semi-public recreational buildinq neiqhborhood or
comniunity center public and private educational institution limited to elementarv
junior hiqh and senior hiqh schools and reliqious institutions such as churches
chapels temples and svnaqoques� subiect to the followinq conditions�
No overniqhtfacilities are provided forthe persons served. The individuals
shall be transported to and from the facilitV daily.
All siqninq and informational or visual communication devices shall meet
the requirements of the Mounds View Sian Code.
3. The distance between any outdoor plav yard for a dav care center or qroup
nursery and the Highwav 10 riqht-of-wav line shall be a minimum of two
hundred feet (200') except as provided in Section 1123.02 subdivision 1 c.
4. No dav care center or qroup nurserv shall be permitted where the distance
from the propertV line for the dav care center or qroup nursery to a premise
requirinq a liquor license as provided in Section 502 of the Municipal
Code or a license for an adult establishment as provided in Section 513 of
the Municipal Code is five hundred feet (500') or less except that the five
hundred (500) foot requirement shall not apply to any liquor establishment
receivinq at least si�v percent (60%) of its annual qross sales revenue
from the sale of food.
5. The operator shall secure all necessary Ramsev Countv or State of
Minnesota licenses and approvals.
WHEREAS, amending the Zoning Code to add daycare centers as a conditional use
in R-1, Single Family Residential Districts in public or semi-public recreational buildings, K-
12 public and private educational institutions and religious institutions will serve to clarify
the zoning requirements; and,
Resolufion 910-09
/'ac�e 3
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 1102.02 and 1106.04 of
the Mounds View Zoning Code to add a definition for Adult Day Care, and add daycare
centers as a conditional use in R-1, Single Family Residential Districts in public or semi-
public recreational buildings, K-12 public and private educational institutions and religious
institutions as defined herein.
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 August, 2009.
Gary Stevenson,
ATTEST: � _
Ke h Roberts, Community Development Director
(SEAL)
� �� ��' ) i ) 1 � � ��, � �,
��;I�)llll)IVill
MOUNDS VIEW PLANNING COMMISSION
RESOLUTION NO. 911-09
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION RECOMMENDING APPROVAL OF AN AMENDMENT TO
CHAPTER 1125 OF THE MOUNDS VIEW ZONING CODE ABOUT THE VOTING
REQUIREMENTS FOR ZONING CHANGES
WHEREAS, based on the recommendation of the City Attorney, City staff has
recommended that the City change Section 1125.01, Subd. 1j. of the City Code about the
voting requirements for zoning changes in Mounds View and,
WHEREAS, City staff has amended Chapter 1125.01, Subd. 1j of the Mounds View
Zoning Code by deleting the �.,��ao�`^ language and adding the underlined text as follows:
1125.01 (1)Q): Four-Fifths Vote: Amendments of this Title, or to the Official Zoning
Map that chanqe all or part an existinq residential zoninq district to either commercial or
industrial �r fnr o rnnfl'4'nn�l �o .,orrv.•+ shall require passage by a four-fifths (4/5) vote of
the full City Council. All other amendments to this Title to the Officiai Zoninq Map or for a
conditional use permit shall require passaqe by a three-fifths vote of the full Citv Council.
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 the proposed amendment to Chapter 1125.01 of the
Mounds View Zoning Code clarify the voting requirements for zoning changes.
BE IT FINALLY RESOLVED that the Mounds View Planning Commission directs
staff to forward this resolution to the City Council before approval of the minutes.
Adopted this 7�h day of October, 2009.
,
� ,� %Ji���z,
�an Miller, Vice-Chairperson
ATTEST:
en eth Roberts, Community Development Director
(SEAL)
����..,.�� ,
,,,: �, ;1
''"�������������
MOUNDS VIEW PLANNING COMMISSION
RESOLUTION NO. 912-09
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION RECOMMENDING APPROVAL OF AN AMENDMENT TO
SECTION 1125.06 OF THE MOUNDS VIEW ZONING CODE ABOUT PENALTIES
WHEREAS, based on the recommendation of the City Attorney, City staff has
recommended that the City change Section 1125.06 of the City Code about penalties
and,
WHEREAS, City staff has amended Chapter 1125.06 of the Mounds View
Zoning Code by deleting the ���, language and adding the underlined text as
follows:
1125.O6VIOLATION AND PENALTIES: Any person who violates any provision of the
Code is quiltv of a misdemeanor and shall, upon conviction thereof, be
punished and fined as provided in Section 104.01 of the Code. Each day a
violation is permitted to exist shall constitute a separate offense.
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 the proposed amendment to Chapter 1125.01 of
the Mounds View Zoning Code clarify the voting requirements for zoning changes.
BE IT FINALLY RESOLVED that the Mounds View Planning Commission directs
stafF to forward this resolution to the City Council before approval of the minutes.
Adopted this 7�" day of October, 2009.
./
� <<,� � zG �
,J' an Miller, Vice-Chairperson
ATTEST:
Ken eth Roberts, Community Development Director
(5rAL)
\
,,,,%:i;� > >� �` ',,�
�'��ni��n,�,���,
MOUNDS VIEW PLANNING COMMISSION
RESOLUTION NO. 913-09
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION RECOMMENDING APPROVAL OF A LOT COMBINATION OF TWO
ADJOINING LOTS, REQUESTED BY THE ORDAHL FAMILY TRUST;
PLANNING CASE NO. LC2009-001
WHEREAS, property owners Ordahl Family Trust, represented by Steve Ordahl,
has requested approval of a lot combination of two adjoining lots on the northeast corner
of Greenwood Drive and County Road H, properties zoned R-1, Single Family
Residential, legally-described as follows:
That part of the South % of the South % of the Southeast % of Section 7, Township 30
North, Range 23 West, described as follows:
Beginning at the Southeast corner of said Section 7; thence North 10 rods; thence West
16 rods; thence South 10 rods; thence East 16 rods to point of beginning, except the East
152.24 feet thereof, according to the United Staies Government Survey thereof and situate
in Ramsey County, Minnesota
PIN 073023440116
.i.
That part lying South of the North 75 feet of Loi 7, Block 1, Twelve Oaks. Subject to a
reservation by State of Minnesota of all minerals and mineral rights over all but the North
75 feet of above Lot 7
PIN 073023440106
WHEREAS, the applicant requested a minor subdivision in July 2008 for the same
two properties along with a third parcel, but the city requirements were not completed, thus
the approval expired; and,
WHEREAS, the applicant now proposes to only combine the two vacant adjoining
properties to create a 132 foot by 154 foot buildable lot; and,
WHEREAS, the Planning Commission has reviewed the ApplicanYs request for a lot
combination 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 ApplicanYs request for a lot
combination is in conformance with the Comprehensive Plan; and,
Resohition 913-09
Page 2
WHEREAS, in accordance with Section 1204.04, Subd. 4 of the Municipal Code, a
park dedication fee would be required. At the time of the applicanYs previous subdivision
request, the City Councii decided on a$1,000 park dedication fee, which the applicant
paid in October 2008.
NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning
Commission recommends approval of a lot combination of two adjoining lots on the
northeast corner of Greenwood Drive and County Road H subject to any requirements
from the City Attorney.
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 18�h day of November, 2009.
ATTEST:
(SEAL) .
�
��, � �,�
;
�������,�,�'
,,
r�
��
j' i
`/t✓/ /, ,iL��`�'�-_�
/
Gary Stevenson, Chairperson �
�(e�ineth Roberts
Community Development Director
MOUNDS VIEW PLANNING COMMISSION
RESOLUTION NO. 914-09
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION RECOMMENDING APPROVAL OF REZONING 7301 PARK VIEW
DRIVE, 7441 PARK VIEW TERRACE AND 2760 WOODALE DRIVE FROM R-2,
SINGLE & TWO-FAMILY RESIDENTIAL TO R-1, SINGLE-FAMILY RESIDENTIAL
WHEREAS, City staff has recommended that the following three parcels be
rezoned from R-2, Single & Two-Family Residential to R-1, Single-Family Residential,
and,
7301 Park View Drive (PIN 073023130022)
7441 Park View Terrace (PIN 073023130001)
2760 Woodale Drive (PIN 073023430030)
WHEREAS, single family homes were built on these lots and they have always
been used as single-family homes, and,
WHEREAS, city staff recommends rezoning these three properties in order to be
consistent with the single family neighborhoods in which they are located, and,
WHEREAS, the City Code indicates that rezoning requests shall be consistent
with the Future Land Use Map of the Comprehensive Plan and that the Planning
Commission shall find that the rezoning would not be detrimental to the neighborhood or
adversely affect any adjoining properties.
WHEREAS, the Mounds View Planning Commission has reviewed the following
documents regarding this proposal:
1. Zoning Map
2. Aerial Views
3. Staff Report
NOW, THEREFORE, BE IT RESOLVED, the Mounds View Planning
Commission hereby makes the following findings of fact related to this request:
The Future Land Use Map of the Comprehensive Plan designates these three
properties are located in low-density residential areas. The proposed R-1 zoning
would be consistent with the existing neighborhoods.
2. The rezoning of these properties would not adversely affect any adjacent or
nearby properties. This rezoning would in fact, make the three properties be
consistent with their neighborhoods.
Resolution 914-09
Par�e 2
NOW, THEREFORE, BE IT RESOLVED, the Mounds View Planning
Commission, based upon its review of the documentation and findings of fact,
recommends approval of the rezoning request from R-2, single & two-family residential
to R-1, single-family residential.
BE IT FINALLY RESOLVED that the Mounds View Planning Commission directs
staff to forward this resolution to the City Council before approval of the minutes.
Adopted this 18�" day of November, 2009.
!r '/
� , �� `
� � % �Z'�'�`,� ,�
��
Gary Stevens9n; Chairperson
ATTEST: �
�
K• neth Roberts, Community Development Director
(SEAL)
6
�,
,,� , , ,,
,,„��������"
MOUNDS VIEW PLANNING COMMISSION
RESOLUTION 915-09*
CITY OF MOUNDS VIEW
RAMSEY COUNTY
STATE OF MINNESOTA
RESOLUTION RECOMMENDING APPROVAL OF A REVISED PRELIMINARY PLAT
FOR THE MERMAID, 2200 COUNTY HIGHWAY 10;
MOUNDS VIEW PLANNING CASE MA2009-001
WHEREAS, Charlie and Dan Hall, representing the Mermaid, have requested
approval of a revised preliminary plat for a major subdivision at 2200 County Highway 10,
legally-described as follows:
Units 1 and 2 and adjacent common element in Common Interest Community Plat of
Common Inierest Community Number 598, Mermaid Hotel and Entertainmenf Cenfer
Condominium, described as follows: That parf of Lot 1, Block 1, MERMAID ADDITION,
lying southerly and easierly of a line described as follows: Commencing at the most
easterly corner of said Lot 1, thence North 34 degrees 38 minutes 17 seconds West,
along fhe northeasterly line of said Lot 1, at a distance of 280.00 feet to the point of
beginning; thence South 55 degrees 24 minufes 00 seconds Wesi a distance of 123.00
feet; thence South 2 degrees 13 minutes 00 seconds East a distance of 345.80 feet to the
southeasterly line of said Lot 1 and there terminaiing.
WHEREAS, The above-described land is zoned PUD, Planned Unit Development and
is designated as Regional Commercial on the Comprehensive Plan; and,
WHEREAS, Charlie and Dan Hall have submitted a revised Preliminary Plat for a major
subdivision of the property that would combine the two existing lots and would create two new
lots; and,
WHEREAS, the community development staff have 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,
WHEREAS, in accordance with Section 1204.04, Subd. 4, the subdivision is subject to
a park dedication fee that the City Council will determine; and,
WHEREAS, the proposed subdivision is not in a designated wetland area; and,
WHEREAS, the Mounds View Planning Commission has reviewed the following
documents about these requests
Staff Report
Preliminary Plat date stamped January 21, 2009
Zoning Map
Resolution 915-09
Pege 2
NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission
recommends approval of the Preliminary Plat date stamped January 21, 2009 submitted by
Charlie and Dan Hall, representing the Mermaid, 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 final approval of the subdivision by the City Council.
2. The applicant shall satisfy any additional requirements made by the City Attorney in a
plat opinion.
3. The applicant shall satisfy all the requirements of the City Building Official/Fire Marshall
about no openings beiween buildings along common property lines, or sign a"Hold
Harmless AgreemenY'thatwill be recorded as part ofthe property records with Ramsey
County.
4. If required by the City Council, the applicant shall pay a park dedication fee in an
amount determined by the City Council.
5. The applicant shall apply for Final Plat approval no later than 6 months after the date of
City Council approval of the Preliminary Plat, or the Preliminary Plat approval will
become null and void.
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 4'h day of February 2009.
ATTEST:
� ..
(SEAL)
*Originally approved as Res 899-09
;
,
,I _ /
�'u, ;% ��" �
Gary Stevenson, Chairperson
G!�
Kennet Roberts
Community Development Director
MOUNDS VIEW PLANNING COMMISSION
RESOLUTION NO. 916-09*
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION RECOMMENDING APPROVAL OF AN AMENDMENT TO
CHAPTERS 1102, 1104 AND 1106 OF THE MOUNDS VIEW ZONING CODE
PERTAINING TO THE DEFINITION OF BUILDING HEIGHT, ACCESSORY BUILDING
HEIGHT, AND ACCESSORY BUILDING SEPARATION DISTANCE
WHEREAS, City staff has recommended that the accessory building height and
where the building height is measured from be amended in Chapters 1102, 1104 and 1106
of the Zoning Code; and,
WHEREAS, City staff has amended Chapter 1104.01 Subd. 5c of the Mounds View
Zoning Code by deleting the ^t��:E��:. language and adding the underlined text as follows:
Chapter 1102.02, Definitions:
Subd. 12. Building Height. Building height is to be measured'�^m +"�°i:a��as�
„�,p;:�;�,� ^� ���., p-;�o�l-ar from the average ground level at the building line,
h' h h' h ++h 4 f 4h f fl + f+ 4h .J L I' �
y i r
.J f .J + 4h .J' +., f +h h'..he�4 ..�hlo .. .,'4..ho.J�e
�^ a o � i
#i�ped-Kee# to the hiqhest roof surFace.
Chapter 1104.02, Subd. 3, Height Limitations:
f. The heiqht of anv detached accessorv buildinq shall not exceed 20 feet or
that of the principal structure whichever is less.
Chapter 1106.03, Subd. 1. Accessory Uses:
b. Accessory building shall not exceed #i#teeia twentv feet (20') or that of the
principal structure whichever is less, in height and shall be five feet (5') or
more from all lot lines of adjoining lots. Accessory buildinqs 120 square feet
or under shali be three feet (3') or more from anv other buildinq or structure
^+"„�.,�,,;��a<. Accessorv buildinqs over 120 square feet shall comply with
the minimum fire separation distance as required by the Minnesota State
Buildinq Code.
WHEREAS, amending the Zoning Code to change the requirements for accessory
buildings will serve to clarify the zoning requirements; and,
WHEREAS, the Mounds View Planning Commission concurs that an amendment to
the City Code is warranted and justified.
Resoiution 916-09
Page 2
NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning
Commission recommends approval of amendments to Chapters 1102, 1104 and 1106 of
the Mounds View Zoning Code pertaining to building height and accessory buildings as
defined herein.
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 17ih day of June, 2009
i,
,
!� i
� � ,
��-� ,-_, � � ��'�z—:
Gary Stevenson,,�hairperson
ATTEST:
Kenn h Roberts, Community Development Director
(SEP.L)
i;ii ,1 f
1,
�
.��� ���iii�ini�i�����;�
*Originally approved as Resolution 901-09
MOUNDS VIEW PLANNING COMMISSION
RESOLUTION NO. 917-09*
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION RECOMMENDING APPROVAL OF AMENDMENTS TO
REMOVE THE R-O, RESIDENTIAL-OFFICE ZONING DISTRICT
WHEREAS, City staff has recommended that Chapter 1111, R-O, Residential-
Office zoning district be deleted from the Zoning Code, along with all other references in
the city code to the R-O district; and,
WHEREAS, City staff has deleted Chapter 1111 in its entirety, and amended
Chapters 1008, 1104, 1105, 1121 and 1124 of the Mounds View Zoning Code by
deleting the ���;-Es�", language and adding the underlined text as follows:
Chapter 1008.09, Subd. 2. and Chapter 1008.09, Subd. 3
Subd. 2. Signs Allowed by District: The following table represents the allowable signage
and area requirements (in square feet) by zoning district:
Sign Type R=1 R=2 R=3 R=4 R=5 €i-9 B=1 B=2 6=3 B=4 I_1 CRP PUD
Ground No No 32 32 32 200 200 200 200 100 �
Wall No No 64 64 No 32 100 100 100 100 100 100 '
Projection No No No No No 8 24 24 24 No
Window No No No No No Ne Yes Yes Yes Yes No No *
Identification 2 2 2 2 2 � 4 4 8 8 8 4
Temporary Yes Yes Yes Yes Yes �Fes Yes Yes Yes Yes Yes Yes Yes
Real Estate 10 10 32 32 10 � 32 32 32 32 64 32 32
Home Occupation 1 1 No No 1 AJe No No No No No No No
Campaign Yes Yes Yes Yes Yes �les Yes Yes Yes Yes Yes No Yes
Billboards No No No No No AJe No -No -No No No No No
Directional No*• No�� 4 4 4 4 4 4 8 8 8 8 8
Construction 8 8 8 8 8 � 32 32 32 32 32 32 32
Incidental 1 1 1 1 1 � 1 1 1 1 1 1 1
* Signage requirements within a PUD shall be as allowed by the PUD Narrative document. If no such document exists,
signage shall be as permitled for a 83 zoning dislrict.
"* Directional signs may be allowed within right of ways upon written approval of lhe City, the appropriate governmental
agency having jurisdiction over the road way (if not the City) and the owner of the property directly abutting said sign.
(Ord. 679, 5-29-01; Ord. 769, 5-8-06)
Resolution 917-09
Page 2
Subd. 3. Ground Sign Height, by District: The following table represents the maximum
height allowed for ground signs in each zoning district.
�����0�������
��000� '� '������
�'� No ground sign, other than home occupation, campaign, real estate, incidental and
temporary signs shall be allowed in these districts.
�2� Signage requirements within a PUD shall be as indicated by the PUD Narrative
document. If no such document exists, signage shall be as allowed for a B-3 zoning
District. (Ord. 679, 5-29-01)
�3� Maximum billboard sign height in some locations is 45 feet. Refer to Section 1008.10,
subdivision 6 of this Code. (Ord. 769, 5-8-06).
Chapter 1008.10 Subd. 2
d. In the-�-8 and B-1 zoning districts, the area allowance, as indicated in Section
1008.08, subdivision 2, reflects the combined area for all wall, ground and
projection signage on that lot. (Ord. 679, 5-29-01)
Chapter 1104.01 Subd. 3, Setbacks for Principal Buildings
District Front Side Yard Rear Yard
Yard
Minimum Minimum When Abuts Minimum When Abuts
Residential Residential
R-1 30 a.d. 10 b. 30d.
R-2 30 a.d. 10 b. 30d.
R-3 30 10 c. 20 c. 30 40
R-4 30 20 c. 20 c. 30 50
R-5 -- As required under Chapter 1110.05 of this Title --
R-9 29-s. 29 s d0 a9
B-1 30 10 c. 20 c. 20 30
B-2 30 10 c. 20 c. 20 30
B-3 30 10 c. 20 c. 20 40
B-4 30 10 c. 30 30 40
I-1 40 20 c. 40 40 40
PUD -- As required under Chapter 1120 of this Title --
Resolution 917-09
Page 3
Chapter 1104.01
Subd. 4.
Areas:
Yard Requirements:
Minimum Setbacks for Accessory Buildings, Driveways and Parking
a. Accessory Buildings (detached from a principal building): (Ord. 590, 11-25-96)
(1) R-1, R-2, R-3, R-4, R-5 and-R-9:
(a) front: no accessory building shall be located between the front of
the principal building and the front lot line. (Ord. 590, 11-25-96)
(b) side: five feet (5') except the minimum setback shall be thirty feet
(30') from any lot line abutting a public street. (Ord. 590, 11-25-96)
(c) rear, including street frontages at the rear of through lots: five feet
(5'). (Ord. 590, 11-25-96)
c. Parking Areas:
(1) R-1, R-2, R-3, R-4, R-5, �-9:
(a) Residential uses: Parking lots and driveways shall be set
back five feet (5'). Where a parking area would encroach into
an easement, the property owner shall obtain approval for an
encroachment permit if required by the appropriate authority
prior to construction of the driveway. (Ord. 524, 2-22-93; Ord.
590, 11-25-96; Ord. 620, 7-27-98; Ord. 642, 1-10-00;
Amended, Ord. 752, 9-13-04)
Chapter 1104.02. Area and Building Size Regulations:
Subd. 2. Lot Dimensions: Lot width and area shall not be less than the following:
a. Width
(1) R-1 interiorlot
(2) R-1 cornerlot, R-2, R-3, R-4,�-9
Subd. 3. Height Limitations:
75 feet
100 feet
b. R-4, �-9 Districts: No building or structure shall have a height greater than three
(3) stories.
Resolution 917-09
Page 4
Chapter 1105.01: Districts Established:
Subd. 1. Establishment of Districts: The following zoning classifications are hereby
established within the City:
a. Residential Districts:
R-1, Single-Family Residential District
R-2, Single- and Two-Family Residential District
R-3, Medium Density Residential District
R-4, High Density Residential District
R-5, Mobile Home District
a n o •,� +•�una;,.o n��+r,.+
�OT�LV rw v� r a.... �. .i ....... .� ..... ..�.
1121.09: STALL, AISLE AND DRIVEWAY DESIGN:
Subd. 1. Dimensions:
b. Maximum Residential Driveway Widths: (For the purpose of this subsection,
the width of a driveway in an R-1, R-2 or R-5 District shall include any parallel-
attached parking area):
Residential Zoning District Maximum Driveway Width
R-1, Single-Family Residential Thirty-five feet (35') or the width of the
garage plus an additional twelve feet (12'),
whichever is greater.
R-2, Zero Lot Line Subdivisions Width of the garage servicing dwelling unit.
(Refer to Section 1107.07, subdivision. 3d
and 3e of this Title if driveways are
combined. .
R-2, Single and Two-Family Residential If driveways are separate, width of the
garage or twenty feet (20'), whichever is
greater: If combined, width of garages or
thirty-six feet (36` , whichever is reater.
R-3, Medium Density Residential Thirty-two feet (32')
R-4, High Density Residential, and
R-5, Mobile Home Park Twenty-four feet (24')
l
Resolution 917-09
Pa�e 5
Subd. 5. Curb Cuts and Driveway Openings:
b. Curb Cut Widths. Widths of curb cuts shall be as follows, subject to
requirements of Subdivision 5e hereof:
Type of Land Use Maximum Width of Curb Cut
Single Family Residential (R-1)
Manufactured Homes (R-5 24 Feet
Zero Lot Line Subdivisions (R-2)
with se arate drivewa s 20 Feet
Zero Lot Line Subdivisions (R-2)
with combined drivewa s 36 Feet
Medium Density Residential (R-2, R-3)
High Density Residential (R-4)
Ro��.�e„+•.,i nrf•,.o �o n� 32 Feet
Commercial, Industria�
B-1, B-2, B-3, B-4, I-1) 32 Feet
Public Parks & Preservation Areas
R-1, CRP) 32 Feet
Chapter 1124.03: Allowance for Towers and Antennae by Zoning District:
Subd. 2. Conditional Uses, Specific Districts: Wireless telecommunication towers and
antennae shall be allowed with the approval of a conditional use permit in the
zoning districts specified in the table below and in accordance with the co-location
requirements stated in Section 1124.04, siting requirements and design criteria
stated in Section 1124.05, and the procedural requirements stated in Section
1124.06. The procedure for review and action on conditional use permits shall be
as stated in Section 1125.01. Conditional use permits are not required for towers
and/or antennae used by the City for City purposes or public agencies for public
safety purposes; or for repair, adjustment or replacement of the elements of a
wireless telecommunication antenna array affixed to a tower, if the repair,
replacement or adjustment does not reduce acceptable safety standards. The
height limitations listed in the following table shall include all parts of the wireless
telecommunication tower and antenna structure except for that space needed for
lightening diffusion apparatus. (Ord. 588, 2-10-97)
Resolutio�i 917-09
Page 6
Zoning Districts Height Limitations With Co-location
R-1, R-2, R-3, R-4, R-5, R-9 10 feet above the height of the roof, allowed N/A
(antennae only) only if mounted on educational facilities, religious
institutions, government or public utility buildings; or in
"upward thrusting architectural elements" such as
church steeples, bell towers or smokestacks'
B-1, B-2 75 Feet 95 Feet 2
B-3, B-4, PUD 100 Feet 120 Feet 2
(Commercial PUDs only.) 3
I-1, PUD 150 Feet N/A
(Industrial PUDs only.) 3
CRP and City-Owned Land 100 feet, allowed only if incorporated into new or 120 Feet z
Zoned R-1 existing facilities or structures, such as using the tower
as a light standard for ball fields or parking areas, or
into mature tree stands that provide a suitable screen
for at least half the height of the tower.
WHEREAS, amending the Zoning Code to remove the R-O, Residential-Office
zoning district and all references to this district in the city code will serve to clarify the
zoning requirements; 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 deleting Chapter 1111, and amendments to
Chapters 1008, 1104, 1105, 1121 and 1124 of the Mounds View Zoning Code
pertaining to the R-O, Residential-Office zoning district as defined herein.
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 June, 2009
,� _
�
_ �
. , z
Gary Stevens n, Chairperson
%�TT�ST:
Kennetl� Roberts, Community Development Director
(SEAL)
*Originally approved as Resolution 902-09
MOUNDS VIEW PLANNING COMMISSION
RESOLUTION 918-09
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION APPROVING THE RENUMBERING OF THREE
INCORRECTLY NUMBERED RESOLUTIONS
WHEREAS, the Planning Commission adopted three resolutions at the February 4,
2009 and April 15, 2009 Planning Commission meetings which were incorrectly numbered;
and,
WHEREAS, the City Attorney recommends adopting this Resolution 918-09 to
officially renumber the three affected resolutions; and,
NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning
Commission does hereby authorize renumbering the three resolutions identified below as
indicated.
Original Revised Resolution Description Adoption
Number Number Date
899-09 915-09 Recommend approval of a revised preliminary plat for the Z_4-09
Mermaid, 2200 Hi hwa 10, Plannin Case MA2009-001
Recommend approval of a conditional use permit to allow an
901-09 916-09 outside sales operation at Roberts Sports Bar, 2400 County 6-17-09
Road H2, Plannin Case CU2009-001
Approving a variance to allow a total of 15,200 square feet of
902-09 917-09 outside sales area for Roberts Sports Bar, 2400 County 6-17-09
Road H2, Plannin Case VR2009-002
�
Adopted this 16th day of December, 2009. �
;
.. �,
, �< � �; ' ---�
. ;' � / `/��Z�
Gary Stevensqri', Chair
ATTEST:
e eth Roberts, Community Development Director
(seal)
MOUNDS VIEW PLANNING COMMISSION
RESOLUTION 919-09
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION ESTABLISHING THE 2010 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 2010; and,
WHEREAS, 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 2010.
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 16�" day of December, 2009.
ATTEST
(SEAL)
�����. . � i �
,,'"/1 1 }„ \f,',
r,i:�;iiu,"�
; %/ �.-�,''
, � % �>��!'LGZ-� �
Gary Stevenson �� —
Chairperson
Kenn 4 obe s
Community Development Director
EXHIBIT 1.
2010 MEETING SCHEDULE
MOUNDS VIEW PLANNING AND ZONING COMMISSION
January 6
February 3
March 3
April 7
May 5
June 2
July 7
August 4
September 1
October 6
November 3
December 1
January 20
February 17
March 17
April 21
May 19
June 16
July 21
August 18
September 15
October 20
November 17
December 15
MOUNDS VIEW PLANNING COMMISSION
RESOLUTION NO. 920-09
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION APPROVING A VARIANCE FOR A ZERO-FOOT DRIVEWAY SETBACK
FOR THE CAR WASH ENTRANCE AT THE STATION, 2280 COUNTY ROAD I;
PLANNING CASE VR2009-003
WHEREAS, the applicant, Leon Theis, owner of The Station, 2280 County Road I,
has applied for a variance to allow for his new car wash entrance driveway to have a zero-
foot setback from the property line; and,
WHEREAS, 2280 County Road I is zoned B-2, Limited Business, and is legally
described as follows:
That part of Lot 1, Block 4, Spring Lake Park Highlands, lying east of the west 54 feet; That
part of Lot 2, Block 4, Spring Lake Park Highlands, lying east of the wesf 54 feet and north
of the soufh 49 feet;
That part of the south 49 feet of Lot 2, Block 4, Spring Lake Park Highlands, lying easf of
fhe west 70 feet. Ramsey County, Minnesota.
Subject to a drainage and utility easement over the north 10 feet fhereof, and over the east
10 feet thereof, and over the south 5 feet thereof.
PIN 083023120088
WHEREAS, the Mounds View Planning Commission has reviewed the following
documents regarding this proposal:
1. Approved Site Plan
2. Zoning Map
3. Aerial View
4. Photographic Documentation
5. 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 December 16, 2008; and,
Resohition 920-09
Page 2
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 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 2280 County Road I, and makes the following findings of fact related to
its decision:
1. Circumstances apply to this property in that the west property line is not straight
since there is a garage on the adjoining property around which the property line
jogs. This jog cuts out the southwestern corner of the property, creating an odd
shaped parcel.
2. The literal interpretation of the provisions of the Zoning Code would limit the
applicanYs ability to have an adequate length entrance driveway into the car wash.
3. The applicant had no control over the placement of the garage, or the actions of the
people he hired to design and build the car wash.
4. Granting this variance would not confer upon the applicant a special privilege in that
the odd lot shape due to the neighbor's garage is a pre-existing condition.
5. The zero (0) foot variance is the minimum variance required to alleviate the
applicanYs hardship.
6. Granting a variance to allow for a driveway with a zero-foot setback would not be
detrimental to the purpose of the Zoning Code, in that the area between the car
wash and the neighbor's garage is almost completely taken up by the driveway.
Whether or not there is 5 feet of rock or 10 feet of rock between the edge of the
driveway and the garage would not make much difference as this area is not used
by the neighboring property owner. The car wash has opened with the zero-foot
setback and it is causing no adverse impacts.
7. Granting the variance would not impair an adequate supply of light or air to the
adjoining property.
Resolution 920-09
Page 3
NOW, THEREFORE, BE IT FINALLY RESOLVED, the Mounds View Planning
Commission, based upon the above findings, approves the variance request of Leon
Theis, owner of The Station, to allow the car wash entrance driveway to have a zero-foot
setback from the west property line.
Adopted this 16th day of December, 2009.
ATTEST:
(SE�LJ
�
; < � j ; ' _—___
v ��` , '��
�� :� ` _Z +
Gary Stevenson,
e neth Roberts, Community Development Director