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HomeMy WebLinkAbout921-10 TO 935-10MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 921-10 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF AN AMENDMENT TO THE CONDITIONAL USE PERMIT TO REMOVE THE REQUIREMENT OF MAINTAINING A NEW CAR LICENSE FOR SATURN OF ST. PAUL, 2375 HIGHWAY 10; PLANNING CASE CM2009-001 WHEREAS, the Mounds View City Council approved Resolution 5042 for a conditional use permit amendment for a second building expansion and additional uses at the Saturn car dealership on November 25, 1996, then modified and re-adopted the resolution on December 9, 1996; and, WHEREAS, the Saturn car dealership, located at 2375 Highway 10 is zoned B-3, Highway Business; and, WHEREAS, the Mounds View Zoning Code conditionally allows motor vehicle sales in B-3 zoning districts; and, WHEREAS, the applicant has requested that the condition of requiring the dealership to maintain a new car license at all times be removed; 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, 2375 Highway 10, is zoned B-3, Highway Business. 2. The Future Land Use Map from the City's Comprehensive Plan designates this area as Mixed-Use Planned Unit Development. 3. The new car dealership in operation at 2375 Highway 10 sells Saturn brand vehicles, but the manufacturer is discontinuing this car brand in October 2010, forcing the Saturn of St. Paul owners to make changes otherwise they will have to close the business. 4. The property at 2375 Highway 10 is within the City's primary commercial corridor and as such, closed and vacant businesses are not desirable. 5. The applicant has sufficiently demonstrated that they must change the type of vehicles sold at this dealership, and that they cannot guarantee being able to sell another new brand of cars. F�ssolution 921-10 Page 7 6. The approval of this conditional use permit amendment would not change the type of business operating on this site, and should have no affects on the surrounding area. 7. There does not appear to be any adverse efFects associated with this proposed conditional use permit amendment for Saturn of St. Paul. NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission recommends approval of the conditional use permit amendment for the Saturn of St. Paul dealership to remove the requirement stating that the dealership must maintain a new car license at all times, with the following condition: 1. This Conditional Use Permit (CUP) amendment shall be reviewed by the City Council if the property is sold, or if the owner proposes a major change to the site or to the business. 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 January 2^' ^ ATTEST: (SEAL) , ����ii�� � �,�u��ii'',� � Community Development Director MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 922-10 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF AN INTERIM USE PERMIT FOR A TEMPORARY OUTDOOR TENT STRUCTURE AT THE MERMAID LOCATED AT 2200 COUNTY HIGHWAY 10; PLANNING CASE NO. IU2010-001 WHEREAS, Dan Hall has applied for an interim use permit for a temporary outdoor tent structure at the Mermaid, located at 2200 County Highway 10; and, WHEREAS, the subject property is zoned PUD, Planned unit Development, and has a Comprehensive Plan future Land Use Map designation of Regional Commercial PUD; and, WHEREAS, the Mounds View Zoning Code allows temporary outdoor tent structures in commercial districts by interim use permit; and, WHEREAS, the Mounds View Staff and the Planning Commission have reviewed the zoning requirements associated with temporary tents in commercial districts and finds that all conditions are satisfied by this request. 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. 2. The request is consistent with the Mounds View Zoning Code. 3. The size of the structure is within permitted allowances and meets setback provisions. 4. There have been no complaints filed with the City about the use of the tent in the previous years. 5. The applicant has sufficiently demonstrated that a need exists for the temporary outdoor structure. 6. The site has adequate parking area available to satisfy the demands of the temporary structure. �. Resolution 922-10 Page 2 NOW, THEREFORE, BE IT FURTHER RESOLVED that the Mounds View Planning Commission recommends approval of the interim use permit for an outdoor temporary tent structure at the Mermaid with conditions as follows: 1. The tent or membrane structure shall meet all provisions of the Fire Code and the applicant shall apply for and receive annual fire permits issued by the Fire Marshal and receive a satisfactory inspection after tent is assembled each year. 2. The property owner shall annually apply for a Zoning Permit, the duration of which cannot exceed 180 days in a calendar year. 3. The tent framework and membrane covering shall be maintained in a good condition. Deficiencies shall be corrected as soon as practicable. 4. The interim use permit can be reviewed at any time by the City if problems arise that would necessitate revision or termination of the permit. 5. The interim use permit will become null and void if the property owner fails to meet the provisions of the permit, if the structure is removed for more than a one- year period, or if the property undergoes a change of ownership. BE IT FURTHER RESOLVED, that the Mounds View Planning Commission recommends that the permit approval shall remain in force indefinitely so long as the conditions above and those of the Zoning Code remain satisfied. 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 April, 2010 ATTEST: �SEAL) i �, ,, �I�li� ' !��ii,.���'''� Gary Steveyfson, Chairperson Kennet Roberts, Community Development Director MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 923-10 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A VARIANCE TO ALLOW FOR A SIX-FOOT TALL FENCE IN THE SOUTH FRONT YARD OF 5046 EASTWOOD ROAD; MOUNDS VIEW PLANNING CASE VR2010-009 WHEREAS, the applicant, Daniel Haga, has applied for a variance to allow a six- foot tall fence in the south front yard (near County Road H) of his property at 5046 Eastwood Road; and, WHEREAS, 5046 Eastwood Road is zoned R-1, Single Family Residential, and legally described as follows: Twelve Oaks, Lot 9, Block 2 Ramsey County, Minnesota (PlN 073023440092) WHEREAS, Section 1103.08 of the Mounds View Zoning Code indicates that the maximum height of a fence in a front yard is four feet (4'); and, WHEREAS, the applicant has applied for a variance to allow a six foot (6') fence in the front yard abutting County Road H; and, WHEREAS, the Mounds View Planning Commission has reviewed the following documents about this proposal: 1. Zoning Map 2. Aerial Photo 3. Photographic Documentation 4. 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 public hearing on Wednesday, April 21, 2010, about 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 that must be satisfied in order to grant a variance to the Zoning Code. � �;��� Resolution 923-10 Page 2 NOW, THEREFORE, BE IT RESOLVED, the Mounds View Planning Commission hereby makes the following findings related to this request: 1. The exceptional or extraordinary conditions relating to the variance request is that the property is a smaller corner lot on a busy street and has two larger front setbacks. 2. The literai interpretation of the provisions of the Zoning Code would deprive the applicants of rights enjoyed by other properties in the same zone because the height limitations would preclude having a fence tall enough to provide security, screening and buffering from County Road H. 3. The applicant cannot control the configuration of the lot and intends only to provide some privacy and additional area for his side yard and backyard with the fence. 4. Granting the variance would not confer upon the property owner a special privilege denied to others in the same district due to the unique nature of the existing conditions present on the site. 5. The two-foot variance (six foot tall fence) is the minimum variance that would alleviate the applicanYs hardship. 6. The replacement of the fence 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. 7. Allowing the six-foot tall fence in the south front yard of 5046 Eastwood Road (near County Road H) would not impair the supply of light or increase congestion, nor would it increase the danger of fire, endanger the public safety or diminish property values. NOW, THEREFORE, BE IT FINALLY RESOLVED, the Mounds View Planning Commission, based upon the above findings, does hereby approve the variance request for a six-foot tall fence in the south front yard of 5046 Eastwood Road. Adopted this 21S` day of April, 2010. ATTEST: (SEAL) -ea-a� -_ �� _ _�_`�� ���/ �-�. _ Gary Steve son, Chair� son Ke neth Roberts, Community Development Director MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 924-10 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF AN AMENDMENT TO CHAPTER 1112.02 OF THE MOUNDS VIEW ZONING CODE TO ADD ADDITIONAL PERMITTED USES TO THE B-1, NEIGHBORHOOD BUSINESS, ZONING DISTRICT; PLANNING CASE TX2010-001 WHEREAS, Dawn Huffman, wants to open a thrift store at 2408 County Road I and has requested that the City add thrift stores as a permitted use in the B-1 zoning district; and, WHEREAS, the Planning Commission has recommended that more types of uses be added to the B-1, Neighborhood Business District, Chapter 1112.02 of the Zoning Code; and, WHEREAS, City staff has amended Chapter 1112.02 of the Mounds View Zoning Code by deleting the �*•'^�.-.���..^^ language and adding the underlined text as follows: Chapter 1112.02: PERMITTED USES: The following are permitted uses in a B-1 District: Barbershops Beauty parlors Convenience grocery stores (not supermarket type) Essential services Laundromat, self-service washing and drying Thrift or second-hand store Retail business for local or neiqhborhood needs subiect to the followinq limits - The sale of drv qoods, clothinq, notions and varietv merchandise. - The sale of books. maaazines newspaqers qifts iewelry music stationery or office suqplies. Dry cleaninq and laundry receivinq and pick-up stations (with no cleaninq or pressinq done on site Florist shop CandV and ice cream stores (shall not include drive-throuqh and/or window pick-up services Fiesolu�tior� 92d��10 Page ?_ Tailor shop dress makinq, clothinq rental store Professional and service business offices such as accountant architect broker enqineer, attornev realtor appraiser finance aqencv insurance aqency, investment aqencv, travel aqencV, mortqaqe companV Medical dental, chiropractic counselinq or other health-related office or clinic Repair store that provides services for the repair of home qarden vard and personal use appliances tools or equipment (except for motorized vehicles or aas-powered equipment). All repair work shall be done inside the buildinq and there shall not be any outdoor sales or storaqe• The Citv will allow uses similar to those listed above in this section if the proposed use would not create a nuisance and if the use would not be noxious or hazardous. The Citv Council shall review uses that are not clearly similar to those listed in this section for a determination of compatibility. WHEREAS, amending the Zoning Code to add more types of permitted uses in the B-1, Neighborhood Business, district will further the purpose of the zoning district, would better serve the public and would 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 1112.02 of the Mounds View Zoning Code to add more permitted uses 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 5�" day of May, 2010. Gary ATTEST: (SEAL) �, ,,����", , ! '��„i��,�-��' Community Development Director MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 925-10 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF A CONDITIONAL USE PERMIT TO ALLOW FOR A 1,020 SQUARE-FOOT GARAGE AT 7406 SPRING LAKE ROAD; PLANNING CASE CU2010-001 WHEREAS, property owners Jason and Darcie Kramber have applied for a conditional use permit to construct a 1,020 square foot garage; and, WHEREAS, the subject property, located at 7406 Spring Lake Road, is zoned R-1, Single Family Residential, and is legally described as follows: Lot 78, Spring Lake Park Knolls, Ramsey County, Minnesota PIN 073023230021 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 1,020 square feet, thus requiring City approval of a conditional use permit; and, WHEREAS, the Planning Commission has reviewed the following documents regarding this proposal: a. Zoning Map b. Aerial View c. New Home Elevation d. New Home floor plan e. 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 1,020 square foot garage satisfies the zoning 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. Resolutioi� 925-10 ('age 2 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 1,020 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. Haoptea tnis 5tn aay or May, 1u�� ATTEST: (SEAL) Community Development Director MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 926- 10 CITY OF MOUNDS VIEW RAMSEY COUNTY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF A CONDITIONAL USE PERMIT TO ALLOW AN OUTDOOR SALES OPERATION AT 2430 HIGHWAY 10 (WYNNSONG MOVIE THEATER PARKING LOT); PLANNING CASE CU2010-002 WHEREAS, Amaya Basumatary with PMY Management, has applied for a conditional use permit to operate a seasonal outdoor sales (farmers market) in the parking lot of 2430 Highway 10 (Wynnsong Movie Theater); and, WHEREAS, the subject properties, located at 2430 Highway 10, are zoned PUD (Planned Unit Development), and legally described as follows: Anthony Properties Addition, Lot 3, Block 1 PIN 08-30-23-23-0006 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 outdoor sales from about June 16 to October 19 each year; and, WHEREAS, the Planning Commission has reviewed the following documents about this proposal: a. Staff Report b. Zoning Map c. Aerial Photo d. Site Plan of Proposed Location e. Letter from Applicant 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 outdoor sales (farmers market) 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 "Regional Commercial" land use designation for the movie theater site. Resolution 92G-10 Pag�, 2 3. The seasonal farmers market would not be out of place given the existing character of the surrounding area. 4. The proposed farmers market should not depreciate the neighboring properties. 5. The applicant has sufficiently demonstrated that a need exists for this land use. NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission recommends approval of the conditional use permit for the seasonal outdoor sales (farmers market), with conditions as follows: 1. The City allows the farmers market to operate from June 1 to October 30 of each year. 2. The hours of operation of the farmers market shall be between 8:00 am and 2:00 pm. 3. The farmers market shall only be held on Saturdays. 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 farmers market shall be allowed two signs that may be placed at the entrances to the movie theater site on the day of the market, and up to six small signs (max of 4 square feet). Each vendor may have one sign for their booth or display area that does not exceed 16 square feet. 6. The existing parking lot standards shall supply the lighting for the farmers market. 7. The owner or operator shall ensure that after every market day, the parking lot is cleaned up and completely cleared of everything from the market. The City does not allow anything to remain on the site after the market closes, and outdoor storage is not allowed on this property. 8. The applicant shall provide the following on an annual basis to the City of Mounds View Community Development Director before the market begins each year: a. Letter of intent and description of the proposal. b. Letter of permission from the movie theater or current tenant. c. Site plan, including the parking spaces that the sales area will use. I�esolution 92��10 Page 3 9. 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 operation 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 required conditions. NOW THEREFORE, BE IT FINALLY RESOLVED that the Mounds View Pianning Commission directs staff to forward this resolution to the City Council before approval of the minutes. Adopted this 19th day of May, 2010. ATTEST: (SEAL) Development Director MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 927-10 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION DENYING A VARIANCE FOR REDUCED LOT WIDTHS WITHIN A WETLAND DISTRICT FOR THE LONGVIEW ESTATES PROPERTY; PLANNING CASE VR2010-002 WHEREAS, the applicant, Eichi, Inc. represented by Paul Harstad, applied to the City for a variance to allow for reduced lot widths for new lots in a wetland district; and, WHEREAS, the proposal would have eight of the ten single family lots in the proposed Longview Estates subdivision with reduced lot widths; and, WHEREAS, the location of the proposed subdivision is south of County Road H2 and east of Silver Lake Road; and, WHEREAS, the City has zoned the property known as Longview Estates R-1, Single Family Residential, and it is legally described as follows: Lot 4, Block 1, MuellerAddition Ramsey County, Minnesota PIN 07-30-23-42-0066 WHEREAS, all the proposed lots would be in a wetland district; and, WHEREAS, Section 1010.07 Subd. 3a(2) of the Mounds View Zoning Code indicates that the minimum lot width within a wetland district is 125 feet as measured at the building setback line; and, WHEREAS, the applicant has applied to the City for a variance to allow for reduced lot widths (varying widths from 90 feet to 112.67 feet) for eight lots to subdivide the property to into ten single-family residential lots; and, WHEREAS, the Mounds View Planning Commission has reviewed the following documents about this proposal: 1. Narrative from Applicant 2. Zoning Map 3. Wetland Map 4. Aerial Photo 5. Site plan, date stamped May 20, 2010 6. StafF Report Resolution 927- IO Page 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 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 public hearing on Wednesday, June 16, 2010, about 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 that must be satisfied in order for the City to grant a variance to the Zoning Code. NOW, THEREFORE, BE IT RESOLVED, the Mounds View Pianning Commission hereby makes the following findings of fact related to the hardship criteria identified in Section 1125.02 of the Mounds View Zoning Code: 1. The proposed lots would be located within in a wetland district. 2. While the proposed lots meet the subdivision requirements of Chapter 1202, the lots do not meet the requirements of Chapter 1010 that regulate subdivisions within a wetland zoning district. 3. The minimum lot width within a wetland zoning district is 125 feet. 4. The parcel is substantially covered by wetlands, which is neither exceptional nor extraordinary given the number of wetlands within the City. 5. The literal interpretation of the Code would not deprive Eichi, Inc. of rights commonly enjoyed by other properties in the same district in that the parcel could support a subdivision of up to eight parcels fronting Longview Drive that could meet alI City subdivision requirements. 6. Granting a variance in this case would confer a special privilege not enjoyed by other property owners in that there does not appear to be a sufficient hardship to warrant approval of the variance. 7. The variance would be materially detrimental to the purpose of this Title in that the purpose of controlling development density is to minimize the detrimental effects of urbanization on the wildlife habitats, water quality enhancement, recreational and aesthetic values of wetlands. 8. The applicant has not met or satisfied the hardship criteria as identified in Section 1125.02 of the Mounds View City Code. Resolution 927-10 Page 3 NOW, THEREFORE, BE IT FINALLY RESOLVED, the Mounds View Planning Commission, based upon its review of the hardship criteria, testimony presented at the public hearing and the identified findings of fact, does hereby deny the variance request for reduced lot widths in a wetland district associated with a subdivision of the property known as Longview Estates. Adopted this 7t" day of July, 2010. , .__ `-�_°._ � ��� Gary Stevens n, Chairperson ATTEST: (SEAL) � Kenr��th Roberts, Community Development Director MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 928-10 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF A CONDITIONAL USE PERMIT TO ALLOW FOR A 1,440 SQUARE-FOOT GARAGE AT 7515 KNOLLWOOD DRIVE; PLANNING CASE CU2010-003 WHEREAS, property owner Richard Wyatt has applied for a conditional use permit to construct a 1,440 square foot garage; and, WHEREAS, the subject property, located at 7515 Knollwood Drive, is zoned R-1, Single Family Residential, and is legally described as follows: Soufh % of Lot 28, Spring Lake Park Knolls, Ramsey County, Minnesota PIN 07-30-23-21-0043 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 1,440 square feet, thus requiring City approval of a conditional use permit; and, WHEREAS, the Planning Commission has reviewed the following documents regarding this proposal: a. Zoning Map b. Aerial Views c. Statement from Applicant d. Photographic Documentation e. 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 1,440 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 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. Resoliition 92fi'-'t0 F'age 2 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 1,440 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 7th day of July, 2010. / � �� � ��?/`.°z-s, ; �/c / `'� ,, Gary S�en� on, Chai�� ATTEST: / / i (SEAL) �i,' . �-i� � , y, � ��, ��' � Ken�heth Roberts, " Community Development Director MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 929-10 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A VARIANCE FOR A TWO-FOOT GARAGE SETBACK AT 7515 KNOLLWOOD DRIVE; MOUNDS VIEW PLANNING CASE VR2010-003 WHEREAS, the applicant, Richard Wyatt, has applied for a variance to allow for a garage with a two-foot setback from the property line of his property located at 7515 Knollwood Drive; and, WHEREAS, 7515 Knollwood Drive is zoned R-1, Single Family Residential, and is legally described as follows: South % of Lot 28, Spring Lake Park Knolls, Ramsey County, Minnesota PIN 07-30-23-21-0043 WHEREAS, the Mounds View Planning Commission has reviewed the following documents regarding this proposal: 1. Zoning Map 2. Aerial Views 3. Statement from Applicant 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 July 7 2010; 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 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 7515 Knollwood Drive, and makes the following findings of fact related to its decision: Resolu#ion ,923-9O Pagc� 2 1. The exceptional or extraordinary conditions relating to the variance request is that the house was constructed closer to the south property line, which causes limitations as to how the garage 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 owner is requesting the variance due to the house placement, a factor over which the applicant had no control. 4. Granting a variance to allow for the two-foot side yard setback would allow the applicant to have a two-car garage in order to park his 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 condition present on the site. 6. The two-foot setback is the minimum variance that would alleviate the applicanYs hardship. 7. The construction of the 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 diminish property values, increase the danger of fire or endanger the public safety. NOW, THEREFORE, BE IT FINALLY RESOLVED, the Mounds View Planning Commission, based upon the above findings, approves the variance request of Richard Wyatt, 7515 Knollwood Drive, to allow for a garage with a two-foot setback from the south property line. Adopted this 7�" day of July, 2010. Gary Stev�pson, ATTEST: Roberts, Community Development Director (SEAL) MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 930-10 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF A REZONING REQUEST TO PUD, PLANNED UNIT DEVELOPMENT, FOR 2320 & 2340 COUNTY HIGHWAY 10 AND 5260 O'CONNELL DRIVE; PLANNING CASE MU2010-001-PD-1 WHEREAS, the applicant, Coventry Senior Living, has applied for a rezoning request for the properties at 2320 & 2340 County Highway 10 from B-3, Highway Business, and 5260 O'Connell Drive from R-1, to PUD, Planned Unit Development Senior Housing to construct a 95 unit senior housing building. The properties are legally described as: That part of Lot 2, Block 5, EIGENHEER SECOND ADDITION lying southeasterly of the following described line: Commencing at the northwest corner of said Lot 2; thence East along fhe northerly line of said Lot 2 a distance of 92.00 feet to an iron; thence southeasterly, along the northeasterly line of said Lot 2, a distance of 140.00 feet to the point of beginning of ihe line to be herein described; thence southwesterly at a right angle to said northeasterly line a distance of 196.52 feet, more or less, to the southwesterly line of said Lot 2 and there terminating, except that part platted in EIGENHEER THIRD ADDITION, according to the recorded lat thereof, and situate in Ramsey County, Minnesota (PIN 08-30-23-31-0070) And, That part of Lot 2, Block 5, EIGENHEER SECOND ADDITION lying northwesterly of the following described line: Commencing at the northwest corner of said Lot 2; thence Easi along ihe northerly line of said Lot 2 a distance of 92.00 feet to an iron; thence soufheasterly, along the northeasterly line of said Lot 2, a distance of 140.00 feet to the point of beginning of the line to be herein described; thence southwesterly at a right angle to said northeasferly line a distance of 196.52 feet, more or /ess, to the southwesterly line of said Loi 2 and there terminating according to the recorded plat thereof, and situate in Ramsey County, Minnesota (PIN 08-30-23-31-0069) And, Lot 1, Block 1, EIGENHEER THIRD ADDITION, according to the recorded plat thereof, and situate in Ramsey County, Minnesota (PIN 08-30-23-31-0061) WHEREAS, 2320 and 2340 County Highway 10 are currently zoned B-3, Highway Business, and 5260 O'Connell Drive is currently zoned R-1, Single Family Residential; and, Resolution 93Q-10 Page 2 WHEREAS, the Planning Commission has reviewed the following documents about this proposal: 1. Zoning Map 2. Aerial View 3. Narrative from Applicant 4. Proposed Site Plans 5. Staff Report WHEREAS, the Mounds View Planning Commission has reviewed Chapters 1108 and 1125 of the Mounds View Zoning Code pertaining to the PUD, Planned Unit Development zoning district and rezoning process, respectively; and, WHEREAS, the Mounds View Planning Commission has reviewed the future 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 about the possible adverse effects of this proposed rezoning request as required by the Mounds View Zoning Code: 1. The current zoning Family Residential. Development. of the lots is B-3, Highway Business and R-1, Single The requested zoning of the lots is PUD, Planned Unit 2. According to the Comprehensive Plan, the parcels proposed to be included in the rezoning are designated Mixed-Use PUD on the Future Land Use map. The proposed rezoning would be consistent with the anticipated future land use for this area. 3. The rezoning and the proposed development plan for senior housing should not adversely affect adjacent property owners and would not be out of place on the County Highway 10 corridor, the City's most intensely developed thoroughfare. 4. The proposed rezoning to allow for an independent living, assisted living, high-acuity care and memory care senior housing development would help satisfy an under-represented housing choice in the City. NOW, THEREFORE, BE IT FURTHER RESOLVED, based upon the above findings, the information and documents about the proposed rezoning, the report drafted by staff and the testimony of the applicant, and in consideration of any public testimony, the Planning Commission does hereby recommend APPROVAL of the rezoning request made by Coventry Senior Living. Resolution 930-1Q Page 3 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 215� day of July, 2010. Attest: (Seal) l,...,. �. , ��, , �',i ,,,,���u,��"'�1 � � ;r��� J n Miller, Vice-Chairperson // _ i�' � Y% Roberts, Community Development Director MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 931-10 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF THE "COVENTRY SENIOR LIVING" DEVELOPMENT REVIEW, AND PRELIMINARY PLAT AT 2320 & 2340 COUNTY HIGHWAY 10 AND 5260 O'CONNELL DRIVE, MOUNDS VIEW PLANNING CASES MU2010-001-DE-1 AND MU2010-001-MA-1 WHEREAS, Coventry Senior Living has requested approval of a development review, and preliminary plat for the "Coventry Senior Living" 95 unit senior housing development on the properties at 2320 & 2340 County Highway 10 from B-3, Highway Business, and 5260 O'Connell Drive legally-described as follows: That part of Lot 2, Block 5, EIGENHEER SECOND ADDITION lying southeasterly of the following described line: Commencing at the northwest corner of said Lot 2; thence East along the northerly line of said Lot 2 a distance of 92.00 feet to an iron; thence southeasterly, along the northeasterly line of said Lot 2, a distance of 140.00 feet to the point of beginning of the line to be herein described, thence southwesterly at a right angle to said northeasterly line a distance of 196.52 feet, more or less, to the southwesterly line of said Lot 2 and there terminating, except that part platted in EIGENHEER THIRD ADDITION, according fo the recorded lat thereof, and situate in Ramsey County, Minnesota (PIN 08-30-23-31-0070) And, That part of Lot 2, Block 5, EIGENHEER SECOND ADDITION lying northwesterly of the following described line: Commencing at the northwest corner of said Lot 2; thence East along the northerly line of said Lot 2 a distance of 92.00 feet to an iron; thence southeasterly, along ihe northeasterly line of said Lot 2, a distance of 140.00 feet to the point of beginning of the line fo be herein described; thence southwesferly at a right angle to said northeasterly line a distance of 196.52 feet, more or less, to the southwesterly line of said Lot 2 and there terminating according to the recorded plat thereof, and situate in Ramsey County, Minnesota (PIN 08-30-23-31-0069) And, Lot 1, Block 1, EIGENHEER THIRD ADDITION, according to the recorded plat fhereof, and situate in Ramsey County, Minnesota (PIN 08-30-23-31-0061) WHEREAS, The applicant has requested to rezone the above described lands to PUD, Planned Unit Development, and are designated as Mixed-Use on the Comprehensive Plan; and, Resolution 931-10 Page 2 WHEREAS, Coventry Senior Living has submitted site plans for a development review for a 95-unit senior housing development that includes independent living, assisted living, high-acuity care and memory care; and, WHEREAS, Coventry Senior Living has submitted a preliminary plat for the major subdivision that would combine the existing three lots into one parcel; 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 meets the county platting requirements; and, WHEREAS, in accordance with Section 1204.04, Subd. 4, the subdivision is subject to a park dedication fee in the amount of $67,500; and, WHEREAS, in accordance with Section 1204.04, Subd. 4, the subdivision is subject to a County Highway 10 Trail contribution based on the 413 feet of road frontage in the project area, in the amount of $8,260; and, WHEREAS, the proposed subdivision is NOTwithin a Wetland District; and, WHEREAS, the development review and preliminary plat is being reviewed by the City, City Attorney and Engineering consultant, and is subject to the applicant or developer receiving permits from Rice Creek Watershed District, Metropolitan Council Environmental Services, MN Department of Health, MN Pollution Control Agency, and Ramsey County; and, WHEREAS, the Mounds View Planning Gommission has reviewed the following documents about this proposal: 1. Zoning Map 2. Aerial View 3. Site Plans — including grading, landscaping and lighting 4. Preliminary Plat 5. Staff Report NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission recommends approval of the Development Review submitted by Coventry Senior Living 95- unit facility subject to the following conditions: 1. Coventry Senior Living shall enter into various agreements with the City including (but not limited to) the Developer's Agreement. 2. Coventry Senior Living 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 starting construction. Resolutio�� 939-10 Aage 3 3. All utilities within the development area shall be located underground. 4. No snow storage shall be allowed on site that would reduce the number of parking stalis or drive aisle widths, or extend beyond the property lines. 5. Up to eight parking spaces on the south end of the parking lot may instead be designated as "proof of parking" rather than be constructed, as long as additional parking spaces are added in to the underground garage. NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission recommends approval of the Preliminary Plat submitted by Coventry Senior Living subject to the following conditions: 1. Coventry Senior Living shall pay the City a park dedication fee of $67,500 and a County Highway 10 Trail contribution in the amount of $8,260. 2. Coventry Senior Living shall submit a Final Plat no later than 6 months after the date of City Council approval or the Preliminary Plat approval will become null and void. 3. The applicant shall satisfy all requirements made by the City Attorney as stated in the plat opinion. 4. The applicant shall satisfy the requirements of the city's engineering consultant, Bonestroo, as described in their Preliminary Site Development Plan Review. 5. The applicant shall satisfy all Ramsey County requirements. 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 215� day of July, 2010. i?���� n Miller, Vice-Chairperson ,----�� /% ATTEST: i Roberts ` " nity Development Director (SEAL) MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 932-10 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL TO CONTINUE PARTICIPATING IN THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM UNDER THE METROPOLITAN LIVABLE COMMUNITIES ACT CALENDAR YEARS 2011 THROUGH 2O20 WHEREAS, the Metropolitan Livable Communities Act (Minnesota Statutes sections 473.25 to 473.255) establishes a Metropolitan Livable Communities Fund which is intended to address housing and other development issues facing the metropolitan area defined by Minnesota Statutes section 473.121; and, WHEREAS, the Metropolitan Livable Communities Fund, comprising the Tax Base Revitalization Account, the Livable Communities Demonstration Account, the Local Housing Incentive Account and the Inclusionary Housing Account, is intended to provide certain funding and other assistance to metropolitan-area municipalities; and, WHEREAS, a metropolitan-area municipality is not eligible to receive grants or loans under the Metropolitan Livable Communities Fund or eligible to receive certain polluted sites cleanup funding from the Minnesota Department of Employment and Economic Development unless the municipality is participating in the Local Housing Incentives Account Program under Minnesota Statutes section 473.254; and, WHEREAS, the Metropolitan Livable Communities Act requires the Metropolitan Council to negotiate with each municipality to establish affordable and life-cycle housing goals for that municipality that are consistent with and promote the policies of the Metropolitan Council as provided in the adopted Metropolitan Development Guide; and, WHEREAS, previously negotiated affordable and life-cycle housing goals for municipalities participating in the Local Housing Incentives Account Program expire in 2010; and, WHEREAS, a metropofitan-area municipality can participate in the Local Housing Incentives Account Program under Minnesota Statutes section 473.254 if: (a) the municipality elects to participate in the local Housing Incentives Program; (b) the Metropolitan Council and the municipality successfully negotiate new affordable and life-cycle housing goals for the municipality; (c) the Metropolitan Council adopts by resolution the new negotiated affordable and life-cycle housing goals for the municipality; and (d) the municipality establishes it has spent or will spend or distribute to the Local Housing Incentives Account the required Affordable and Life-Cycle Housing Opportunities Amount (ALHOA) for each year the municipality participates in the Local Housing Incentives Account Program. Resalutian 932-10 Page 2 NOW, THEREFORE, BE IT RESOLVED that the City of Mounds View: 1. Elects to participate in the Local Housing Incentives Program under the Metropolitan Livable Communities Act for calendar years 2001 through 2020. 2. Agrees to the following affordable and life-cycle housing goals for calendar years 2011 through 2020: Affordable Housing Goals Life-Cycle Housing Goals Ran e Range 60 132 3. Will prepare and submit to the Metropolitan Council a plan identifying the actions it plans to take to meet its established housing goals. 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 215� day of July, 2010. ATTEST: (SEAL) � �' , �����,��,���� � Q�, ',��� ean Miller, Vice-Chairperson Roberts, Community Development Director MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 933-10 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF A CONDITIONAL USE PERMIT TO ALLOW FOR A 1,008 SQUARE-FOOT GARAGE AT 8191 SPRING LAKE ROAD; PLANNING CASE CU2010-004 WHEREAS, property owners Robert and Lori Nordby have applied for a conditional use permit to construct a 1,008 square foot garage; and, WHEREAS, the subject property, located at 8191 Spring Lake Road, is zoned R- 1, Single Family Residential, and is legally described as follows: Auditor's Subdivision No. 89, the West 187.02 feet of the North 115 feet of Lot 33, Ramsey County, Minnesota PIN: 06-30-23-24-0070 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 1,008 square feet, thus requiring City approval of a conditional use permit; and, WHEREAS, the Planning Commission has reviewed the following documents regarding this proposal: a. Zoning Map b. Aerial View c. Site plan d. Photographic documentation e. 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 1,008 square foot garage satisfies the zoning 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 to improve the quality, appearance and attractiveness of housing units and residential property in general. > , i ��„ i'1'. ��: i 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 1,008 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 18th day of August, 2010. ATTEST: (SEAL) � j( �( � . ,U /� ..' Gary Steve ,�on, Chair--- �-�� ��;j Kehneth Roberts, Community Development Director MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 934-10 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RE-APPROVING VARIANCES TO ALLOW FOR INCREASED SITE DENSITY, REDUCED UNIT SIZES, REDUCED NUMBER OF PARKING SPACES AND TO ALLOW ROOF OVERHANG AND BUILDING SETBACK ENCROACHMENTS AT THE SELECT SENIOR LIVING DEVELOPMENT TO BE LOCATED AT 2865 COUNTY HIGHWAY 10 AND 7980 & 8020 GROVELAND ROAD; MOUNDS VIEW PLANNING CASE VR2008-005 WHEREAS, the applicant, Select Senior Living, has applied for the following variances for a new 96-unit senior housing development to be located at 2865 County Highway 10 and 7980 & 8020 Groveland Road: 1. Increased Site Density, 2. Reduced minimum unit sizes, 3. Reduced number of parking spaces, 4. To allow a two foot roof overhang encroachment and a 4-6 foot structure encroachment into the building setback, WHEREAS, the properties at 2865 County Highway 10 and 7980 & 8020 Groveland Road are zoned R-4, High Density Residential, and are legally described as: Lot 49, Auditor's Subdivision Number 89, Subject to a 5 foot strip easement along the rear line for public utilify use, Ramsey County, Minnesota (PIN 06-30-23-31-0030) And, That part of Lot 48, Auditors Subdivision Number 89 /ying South of the North 300 feet front and rear thereof, except that portion taken for the highway right of way purposes. Subject to restrictions contained in Document Number 238161, Ramsey County, Minnesota (PIN 06-30-23-31-0029) And, The South 150 feet of the North 300 feet, front and rear of Lot 48, Auditors Subdivision Number 89, including any portion of any street or alley adjacent thereto, vacated or to be vacated, together with all road privileges, easements and appurtenances thereto attached, Ramsey County, Minnesota (PIN 06-30-23-31-0028) WHEREAS, Section 1104.02 of the Mounds View Zoning Code requires multiple family developments to have a minimum lot area per dwelling unit of 2,500 square feet; and, WHEREAS, the appiicant has submitted a senior housing development proposal with a lot area per dwelling unit of 1,148 square feet, due to the smaller unit sizes; and, Resolufion �J34-90 Pa�� 2 WHEREAS, Section 1104.02 of the Mounds View Zoning Code requires one bedroom multiple family units have a minimum floor area of 630 square feet and two bedroom units to have a minimum of 750 square feet; and, WHEREAS, the applicant is requesting approval for studio and one bedroom units that have floor areas of 432 to 716 square feet; and, WHEREAS, Section 1121.13 of the Mounds View Zoning Code requires multiple family properties (independent living units) to provide 2'/z parking spaces per unit and the assisted living and memory care provide 1 space for every 3 beds plus 1 space for every staff member on the largest shift; and, WHEREAS, the Mounds View Zoning Code would require this development to provide 112 total parking stalls and the applicant is requesting a variance to provide 27 fewer stalls than required by the zoning code - 76 constructed parking stalls and 9 proof of parking stalls, which the City of Mounds View may require the applicant to construct at any time the City determines they are necessary; and, WHEREAS, Section 1104.01 of the Mounds View Zoning Code allows for up to a two foot encroachment for roof overhangs, and Section 1109.04 states that the side yard buiiding setback for R-4 zoned senior congregate living is 40 feet, which is double the normal R-4 minimum side setback requirement; and, WHEREAS, the applicant has designed a three story residential style senior housing building with hipped roofs that have a four foot overhang that would encroach two feet into the building setback on the west and east sides of the north wing, and a small section of the building footprint that would extend four and six feet into the large building setback; and, WHEREAS, the Mounds View Planning Commission has reviewed the following documents about this proposal: 1. Zoning Map 2. Proposed Site Plans 3. 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, August 20, 2008, about this variance request; and, WHEREAS, on August 20, 2008, the Mounds View City Council approved Resolution 892-08 which approved the variances for the "Select Senior Living" development; and, Resolution .93�-10 Paqe 3 WHEREAS, the applicant was not able to complete the work permitted by variances within the required one year due to issues beyond their control, which caused the variance approvai to become null and void; 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, all of which 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 hereby makes the following findings of fact related to this request: 1. The property is now zoned R-4, High Density Residential. 2. The extraordinary circumstances surrounding this property are the unique lot size and shape and the type of housing. At the time of the planning application submittal, the city code did not clearly accommodate the proposed housing. The side-yard building setback for senior housing is double what is required of any other multiple family housing developments. 3. Granting the variances would not confer upon the applicant a special privilege in that all property owners are able to apply for a variance to improve the function or appearance of their property. Denying the requests would limit the applicant's ability to redevelop the property. 4. The special conditions or circumstances necessitating the variance request do not result from the actions of the applicant. At the time of the planning application submittal, the city had not yet addressed in the city code some of the unique characteristics of assisted living and memory care housing that made it difficult for the applicant to avoid needing variances. 5. The applicant believes that permitting the property to have the requested increased density, reduced unit sizes, reduced parking and encroach into the building setbacks is the minimum variance, as it allows for a well designed project with new housing options for Mounds View residents and fits the architectural characteristics of a residential neighborhood. 6. Granting these variances would not be materially detrimental to the purpose of the Code since the city is in the process of amending the code to address most of these issues. 7. The proposed variance would 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. 1 .Oi;_rij t !!`}�f,.. 1 i.'' !-""-u7i. /!. NOW, THEREFORE, BE IT FINALLY RESOLVED that the Mounds View Planning Commission, based upon the above identified finding of facts, does hereby re-approve the variances originally approved on August 20, 2008 by Resolution 892-08 to increase the site density, reduce the minimum unit sizes, reduce the total number of parking spaces to 76 constructed and 9 proof of parking stalls from the required 112 spaces, and allow a two foot roof overhang to encroach and a four to six foot structure encroachment into the building setbacks for the proposed 96-unit Select Senior Living development located at 2865 County Highway 10 and 7980 & 8020 Groveland Road. Adopted this 6�h day of October, 2010. /.� %%�1�� �d an Miller, Vice-Chair ATTEST: � `~�> / n/ K nneth Roberts Community Development Director (SEAL) � MOUNDS VIEW PLANNING COMMISSION RESOLUTION 935-10 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION ESTABLISHING THE 2011 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 2011; 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 2011. 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 3`d day of November, 2010 ; � � Gary Stevenso Chairperson ATTEST James Ericson City Administrator (SEAL) „�,����� .,, EXHIBIT 1. 2011 MEETING SCHEDULE MOUNDS VIEW PLANNING ANDZONING COMMISSION January 5 February 2 March 2 April 6 May 4 June 1 July 6 August 3 September 7 October 5 November 2 December 7 4 January 19 February 16 March 16 April 20 May 18 June 15 July 20 August 17 September 21 October 19 November 16 December 21