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Home My WebLink About936-11 TO 955-11MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 936-11 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF AN AMENDMENT TO CHAPTER 1113 OF THE MOUNDS VIEW ZONING CODE TO ADD ADDITIONAL PERMITTED AND CONDITIONAL USES TO THE B-2, LIMITED BUSINESS, ZONING DISTRICT; SPECIAL PLANNING CASE 174-10 WHEREAS, City staff has recommended that more types of uses be added to the B- 2, Limited Business District, Chapter 1113, of the Zoning Code; and, WHEREAS, the Planning Commission agrees with the City Staff recommendation to add more types of uses to the B-2, Limited Business District, Chapter 1113, of the Zoning Code; and, WHEREAS, City staff has amended Chapter 1113 of the Mounds View Zoning Code by deleting the ��;;�«=, language and adding the underlined text as follows: Chapter 1113.02: PERMITTED USES: The following are permitted uses in a B-2 District: All permitted uses as allowed in a B-1 Neiqhborhood Business District Subd. 2. Retail: Limited retail uses which have, as the principle use, sales with warehousing or display secondary to that use. Adult establishment as defined and regulated in Chapter 513 of the Municipal Code. (Ord. 574, 5-13-96) All permitted uses as allowed in the B-1 Neighborhood Business Districts. Antique shop. Art and school supplies. Auto accessory or motor vehicle parts store with no repairs, installations or service work done on anv motor vehicles on site, and with no outside sales or storaqe. Bakery goods and baking of goods for retail sales on the premises. Bicycle sales and repair. Books or stationery stores. Res 936-11 Page 2 Camera and photographic supplies. Candy, ice cream, popcorn, nuts, frozen desserts and soft drinks. Coin and philatelic stores. Costume, clothes rental. Delicatessen. Drugstore. Fabric store. Florist shop. Frozen food store but not including a locker plant. Furniture showroom without warehousing. Furriers when conducted only for retail trade on premises. Gift or novelty store. Hardware store. Hobby store, including handicraft classes but not to exceed fifteen (15) students. Ice sales with storage not to exceed five (5) tons. Jewelry stores and watch repair. Leather goods and luggage stores. Liquor, off-sale. Meat marl<et but not including processing for a locker plant. Office supplies and equipment. Plumbing, television, radio, electrical sales and such repair as are accessory use to the retail establishments permitted within this District. Record/music shops. Res 936-1 % Page 3 Restaurant cafe and tea room with a maximum of 24 seats and 2.000 square feet in floor area The restaurant shall not include drive-thru and/or window pick-up services or the servinq of food to patrons in their vehicles. Rugs, carpet, tile, paint and wallpaper sales. Shoe stores. Small appliance sales and service. Sporting goods store. Tailor shops. Toy stores. Video rental, sales and service. Wearing apparel. (Ord. 452, 2-27-89; Ord. 487, 6-25-90) 1113.04: CONDITIONAL USES: The following are conditional uses in a B-2 District (requiring a conditional use permit based upon procedures set forth in and regulated by Section 1125.01 of this Title): Subd 10. Restaurants cafes and tea rooms with more than 24 seats and/or 2,000 sauare feet of floor area. The restaurant shall not include drive-thru and/or window pick-up services or the servinq of food to patrons in their vehicles. WHEREAS, amending the Zoning Code to add more types of permitted uses in the B-2, Limited 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 1113 of the Mounds View Zoning Code to add more permitted uses as defined herein. Res 936-91 Paye 4 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 Jam �°�„ 'n" ATTEST: "� (SEAL) /. � ,, - ,, � � �� _r �, .. j: en eth Roberts, Community Development Director MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 937-11 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF AN INTERIM USE PERMIT FOR A TEMPORARY OUTDOOR MEMBRANE STRUCTURE AT THE MERMAID LOCATED AT 2200 COUNTY HIGHWAY 10; PLANNING CASE NO. IU2011-001 WHEREAS, the Mermaid Acquisition Group, represented by Mike Anderson, has applied for an interim use permit for a temporary outdoor membrane structure (temporary tent) 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 about the interim 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 meet the demands of the temporary structure. 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 tent or membrane structure must meet the building code and not be erected for more than 180 days in a calendar year. 3. The tent framework and membrane covering shall be maintained in a good condition. The owner or operator shall correct deficiencies as soon as practicable. 4. The City may review the interim use permit at any time 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 for a period of five years from the date of City Council approval 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 before approval of the minutes. Adopted this 16�h day of March, 2011. Gary ATTEST: (SEAL) ��l;ilii ' i� �,,,,�n�,��'� i Roberts, nity Development Director MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 938-11 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A VARIANCE FOR ONE-FOOT DRIVEWAY SETBACKS AT 5330 & 5332 RAYMOND AVENUE; MOUNDS VIEW PLANNING CASE VR2011-001 WHEREAS, the applicant, Michael Kinyon, has applied for a variance to allow for driveways with a one-foot setback from the side property lines of a duplex located at 5330 & 5332 Raymond Avenue; and, WHEREAS, 5330 & 5332 Raymond Avenue is zoned R-2, Single and Two Family Residential, and is legally described as follows: Norseman 15t Addition, Lot 8, Block 1, Ramsey County, Minnesota PIN 08-30-23-14-0008 WHEREAS, the Mounds View Planning Commission has reviewed the following documents regarding this proposal: 1. Proposed 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 June 1, 2011; 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 5330 & 5332 Raymond Avenue, and makes the following findings of fact related to its decision: 1. Circumstances apply to this property in that the duplex is located on only a 100 foot wide lot with a steep grade drop to the backyard, making it difficult to place a garage in the rear yard and be able to access it with a driveway. 2. The literal interpretation of the provisions of the Zoning Code would limit the applicanYs ability to have a two car wide driveway in order to provide enough parking spaces for the tenants. 3. The applicant did not build this duplex, and intends only to substantially improve the property. 4. Granting this variance would not confer upon the applicant a special privilege in that the lot size is a pre-existing condition. 5. The one (1) foot variance is the minimum variance required to alleviate the applicanYs hardship. 6. Granting a variance to allow for a driveway with a one foot setback would not be detrimental to the purpose of the Zoning Code in that due to lack of parking space, some of the tenants are parking closer to the property lines now and causing no adverse impacts. 7. Granting the variance would not impair an adequate supply of light or air to the adjoining property. NOW, THEREFORE, BE IT FINALLY RESOLVED, the Mounds View Planning Commission, based upon the above findings, approves the variance request of Michael Kinyon, to allow for driveways with a one-foot setback at 5330 & 5332 Raymond Avenue subject to the following: 1. If within one year after granting the variance, the work as permitted by the variance has not been completed, then such variance shall become null and void unless an extension of time has been requested by the applicant and granted by the Planning Commission. Such extension shall be requested by the applicant in writing, and submitted to the City at least 30 days before the expiration of the original variance. Adopted this 1S� day of June, 2011. Gary Steven�'6n, Chair ATTEST: James Ericson, City Administrator (SEAL) �,�,�,,,� MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 939-11 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A VARIANCE FOR ONE-FOOT DRIVEWAY SETBACKS AT 5338 & 5340 RAYMOND AVENUE; MOUNDS VIEW PLANNING CASE VR2011-002 WHEREAS, the applicant, Michael Kinyon, has applied for a variance to allow for driveways with a one-foot setback from the side property lines of a duplex located at 5338 & 5340 Raymond Avenue; and, WHEREAS, 5338 & 5340 Raymond Avenue is zoned R-2, Single and Two Family Residential, and is legally described as follows: Norseman 1S� Addition, Lot 7, Block 1, Ramsey County, Minnesota PIN 08-30-23-14-0007 WHEREAS, the Mounds View Planning Commission has reviewed the following documents regarding this proposal: 1. Proposed 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 June 1, 2011; 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 5338 & 5340 Raymond Avenue, and makes the following findings of fact related to its decision: ,., �,; 1. Circumstances apply to this property in that the duplex is located on only a 100 foot wide lot with a steep grade drop to the backyard, making it difficult to place a garage in the rear yard and be able to access it with a driveway. 2. The literal interpretation of the provisions of the Zoning Code would limit the applicanYs ability to have a two car wide driveway in order to provide enough parking spaces for the tenants. 3. The applicant did not build this duplex, and intends only to substantially improve the property. 4. Granting this variance would not confer upon the applicant a special privilege in that the lot size is a pre-existing condition. 5. The one (1) foot variance is the minimum variance required to alleviate the applicanYs hardship. 6. Granting a variance to allow for a driveway with a one foot setback would not be detrimental to the purpose of the Zoning Code in that due to lack of parking space, some of the tenants are parking closer to the property lines now and causing no adverse impacts. 7. Granting the variance would not impair an adequate supply of light or air to the adjoining property. NOW, THEREFORE, BE IT FINALLY RESOLVED, the Mounds View Planning Commission, based upon the above findings, approves the variance request of Michael Kinyon, to allow for driveways with a one-foot setback at 5338 & 5340 Raymond Avenue subject to the following: 1. If within one year after granting the variance, the work as permitted by the variance has not been completed, then such variance shall become null and void unless an extension of time has been requested by the applicant and granted by the Planning Commission. Such extension shall be requested by the applicant in writing, and submitted to the City at least 30 days before the expiration of the original variance. Adopted this 1S� day of June, 2011. Gary Stevensgti, Chair ATTEST: James Ericson, City Administrator (SEAL) '-i�i � � � '��,�> ��' MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 940-11 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A VARIANCE FOR ONE-FOOT DRIVEWAY SETBACKS AT 5344 & 5346 RAYMOND AVENUE; MOUNDS VIEW PLANNING CASE VR2011-003 WHEREAS, the applicant, Michael Kinyon, has applied for a variance to allow for driveways with a one-foot setback from the side property lines of a duplex located at 5344 & 5346 Raymond Avenue; and, WHEREAS, 5344 & 5346 Raymond Avenue is zoned R-2, Single and Two Family Residential, and is legally described as follows: Norseman 1S� Addition, Lot 6, Block 1, Ramsey County, Minnesota PIN 08-30-23-14-0006 WHEREAS, the Mounds View Planning Commission has reviewed the following documents regarding this proposal: 1. Proposed 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 June 1, 2011; 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 5344 & 5346 Raymond Avenue, and makes the following findings of fact related to its decision: 1. Circumstances apply to this property in that the duplex is located on only a 100 foot wide lot with a steep grade drop to the backyard, making it difficult to place a garage in the rear yard and be able to access it with a driveway. 2. The literal interpretation of the provisions of the Zoning Code would limit the applicanYs ability to have a two car wide driveway in order to provide enough parking spaces for the tenants. 3. The applicant did not build this duplex, and intends only to substantially improve the property. 4. Granting this variance would not confer upon the applicant a special privilege in that the lot size is a pre-existing condition. 5. The one (1) foot variance is the minimum variance required to alleviate the applicanYs hardship. 6. Granting a variance to allow for a driveway with a one foot setback would not be detrimental to the purpose of the Zoning Code in that due to lack of parking space, some of the tenants are parking closer to the property lines now and causing no adverse impacts. 7. Granting the variance would not impair an adequate supply of light or air to the adjoining property. NOW, THEREFORE, BE IT FINALLY RESOLVED, the Mounds View Planning Commission, based upon the above findings, approves the variance request of Michael Kinyon, to allow for driveways with a one-foot setback at 5344 & 5346 Raymond Avenue subject to the foliowing: 1. If within one year after granting the variance, the work as permitted by the variance has not been completed, then such variance shall become null and void unless an extension of time has been requested by the applicant and granted by the Planning Commission. Such extension shall be requested by the applicant in writing, and submitted to the City at least 30 days before the expiration of the original variance. Adopted this 1St day of June, 201� ,� , � �_ —��, ` Gary Stevenso , Chair ATTEST: James Ericson, City Administrator (SEAL) '�,�".,� ,;, ��„�n„ MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 941-11 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A VARIANCE FOR A THREE-FOOT DRIVEWAY SETBACK AT 5372 RAYMOND AVENUE AND A ONE-FOOT DRIVEWAY SETBACK AT 5374 RAYMOND AVENUE; MOUNDS VIEW PLANNING CASE VR2011-004 WHEREAS, the applicant, Michael Kinyon, has applied for a variance to allow for driveways with a three-foot setback from the side property lines at 5372 Raymond Avenue and a one-foot setback from the property line at 5374 Raymond Avenue; and, WHEREAS, 5372 & 5374 Raymond Avenue is zoned R-2, Single and Two Family Residential, and is legally described as follows: Norseman 15t Addition, Lot 2, Block 1, Ramsey County, Minnesota PIN 08-30-23-14-0002 WHEREAS, the Mounds View Planning Commission has reviewed the following documents regarding this proposal: 1. Proposed Site Pian 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 e�raordinary features of the physical property that are beyond the property owner's control; and, WHEREAS, the Planning Commission held a duly-noticed public hearing regarding this request on June 1, 2011; 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 5372 & 5374 Raymond Avenue, and makes the following findings of fact related to its decision: 1. Circumstances apply to this property in that the duplex is located on only a 100 foot wide lot with a steep grade drop to the backyard, making it difficult to place a garage in the rear yard and be able to access it with a driveway. 2. The literal interpretation of the provisions of the Zoning Code would limit the applicanYs ability to have a two car wide driveway in order to provide enough parking spaces for the tenants. 3. The applicant did not build this duplex, and intends only to substantially improve the property. 4. Granting this variance would not confer upon the applicant a special privilege in that the lot size is a pre-existing condition. 5. The one (1) foot and three (3) foot variance is the minimum variance required to alleviate the applicanYs hardship. 6. Granting a variance to allow for a driveway with a one foot or three foot setback would not be detrimental to the purpose of the Zoning Code in that due to lack of parking space, some of the tenants are parking closer to the property lines now and causing no adverse impacts. 7. Granting the variance would not impair an adequate supply of light or air to the adjoining property. NOW, THEREFORE, BE IT FINALLY RESOLVED, the Mounds View Planning Commission, based upon the above findings, approves the variance request of Michael Kinyon, to allow for driveways with a three-foot setback at 5372 Raymond Avenue and a one-foot setback at 5374 Raymond Avenue subject to the following: 1. If within one year after granting the variance, the work as permitted by the variance has not been completed, then such variance shall become null and void unless an extension of time has been requested by the applicant and granted by the Planning Commission. Such extension shall be requested by the applicant in writing, and submitted to the City at least 30 days before the expiration of the original variance. Adopted this 15� day of June, 2011. G ��=�Z�`��, �� Gary Steven n, Chair ATTEST: James Ericson, City Administrator (SEAL) %.� ti, '-„��,��;i, MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 942-11 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A VARIANCE FOR THREE-FOOT DRIVEWAY SETBACKS AT 5380 & 5382 RAYMOND AVENUE; MOUNDS VIEW PLANNING CASE VR2011-005 WHEREAS, the applicant, Michael Kinyon, has applied for a variance to allow for driveways with a three-foot setback from the side property lines of a duplex located at 5380 & 5382 Raymond Avenue; and, WHEREAS, 5380 & 5382 Raymond Avenue is zoned R-2, Single and Two Family Residential, and is Iegally described as follows: Norseman 15tAddition, Lot 1, Block 1, Ramsey County, Minnesota PIN 08-30-23-11-0024 WHEREAS, the Mounds View Planning Commission has reviewed the following documents regarding this proposal: 1. Proposed 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 June 1, 2011; 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 5380 & 5382 Raymond Avenue, and makes the following findings of fact related to its decision: 1. Circumstances apply to this property in that the duplex is located on only a 100 foot wide lot with a steep grade drop to the backyard, making it difficult to place a garage in the rear yard and be able to access it with a driveway. 2. The literal interpretation of the provisions of the Zoning Code would limit the applicanYs ability to have a two car wide driveway in order to provide enough parking spaces for the tenants. 3. The applicant did not build this duplex, and intends only to substantially improve the property. 4. Granting this variance would not confer upon the applicant a special privilege in that the lot size is a pre-existing condition. 5. The three (3) foot variance is the minimum variance required to alleviate the applicanYs hardship. 6. Granting a variance to allow for a driveway with a three-foot setback would not be detrimental to the purpose of the Zoning Code in that due to lack of parking space, some of the tenants are parking closer to the property lines now and causing no adverse impacts. 7. Granting the variance would not impair an adequate supply of light or air to the adjoining property. NOW, THEREFORE, BE IT FINALLY RESOLVED, the Mounds View Planning Commission, based upon the above findings, approves the variance request of Michaei Kinyon, to allow for driveways with a three-foot setback at 5380 & 5382 Raymond Avenue subject to the following: 1. If within one year after granting the variance, the work as permitted by the variance has not been completed, then such variance shall become null and void uniess an extension of time has been requested by the applicant and granted by the Planning Commission. Such extension shall be requested by the applicant in writing, and submitted to the City at least 30 days before the expiration of the original variance. Adopted this 15' day of June, 2011. Gary Stevenson ATTEST: James Ericson, City Administrator (SEAL) ��,,�;�� MOUNDS VIEW PLANNING COMMISSION RESOLUTION 943-11 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF AN AMENDMENT TO THE MOUNDS VIEW BUSINESS PARK SOUTH PLANNED UNIT DEVELOPMENT TO ALLOW INDOOR RECREATIONAL USES MOUNDS VIEW PLANNING CASE PA2011-001 WHEREAS, the Mounds View City Council approved Mounds View Business Park South Planned Unit Development (PUD) in July 1989 for manufacturing, assembly, warehouse storage and office uses; and, WHEREAS, the Mounds View Business Park South PUD currently does not allow recreational uses; and, WHEREAS, the properties located at 2260-2298 Woodale Drive, legally described as: Condominium No. 296, Mounds View Business Park South, that part of Unit 2 in TI 75 1988 Y (PIN 08-30-23-43-0019) and Condominium No. 296, Mounds View Business Park South, that part of Unit 2 in TI 75 1985 N (PIN 08-30-23-43-0021) WHEREAS, the applicant and property owner wish to amend the PUD by allowing "indoor recreational uses" in this business park; 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 Mounds View Business Park South is zoned Planned Unit Development (PUD). 2. Two of the buildings in the Business Park South are almost vacant, and as such, a potential tenant and the property owner have requested an amendment to the � f�esoluii�n J43-11 I'age 2 4. The Mounds View Business Park South is within the City's primary commercial corridor and as such, vacant buildings are not desirable. 5. The Mounds View Business Park South consists of three very large buildings on 17 acres that are surrounded by retail, commercial and industrial uses. 6. There do not appear to be any adverse effects associated with this proposed amendment. BE IT FURTHER RESOLVED that the Mounds View Planning Commission, based upon the above findings of fact, does hereby recommend that the Mounds View Business Park South Planned Unit Development (PUD) be amended to allow indoor recreational uses; and, BE IT FINALLY RESOLVED that the Mounds View Planning Commission directs staff to forward this resolution to the City Council prior to approval of the minutes. Adopted this 15f day of June, 2011. ATTEST: (S EAL) � � �// �� -`u \ Gary Steven�dn, Chairperson James Ericson, City Administrator MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 944-11 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 INSTALLING A PERMANENT IMPROVED SURFACE ON THE OUTDOOR STORAGE AREA DRIVEWAY AT BAUER WELDING, 2159 MUSTANG DRIVE; PLANNING CASE CM2011-001 WHEREAS, the Mounds View City Council approved Resolution 6319 for a conditional use permit for an outdoor storage area at Bauer Welding on August 9, 2004; and, WHEREAS, Bauer Welding & Metal Fabricators, located at 2159 Mustang Drive is zoned I-1, Industrial; and, WHEREAS, the Mounds View Zoning Code conditionally allows outdoor storage areas in I-1 zoning districts; and, WHEREAS, the applicant has requested that the condition of requiring the storage area driveway be improved with a hard surface 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, 2159 Mustang Drive, is zoned I-1, Industrial. 2. The Future Land Use Map from the City's Comprehensive Plan designates this area as Light Industrial. 3. Bauer Welding is within the City's industrial park and as such, outdoor storage is not out of character for the surrounding area and the storage area driveway is not visible from the street. 4. The applicant has sufficiently demonstrated that the gravel driveway is not causing problems with surrounding properties, as it has been in the current condition for seven years and the City has not received any complaints. Resolution 9n4-11 Paqe 2 5. The approval of this conditional use permit amendment would not change the nature of the business operating on this site, and should have no affects on the surrounding area. 6. There does not appear to be any adverse effects associated with this proposed conditional use permit amendment for Bauer Welding. NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission recommends approval of the conditional use permit amendment for Bauer Welding to remove the condition stating "the gravel driveway shall only be permitted for three years, at which time it must be constructed as a permanent improved driveway." 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 July, 2011 ATTEST: (SEAL) �'' � � „�� , �„', � ��.r�a �-L�'`---�—� James Ericson, City Administrator MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 945-11 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A VARIANCE TO ALLOW A TWENTY SIX FOOT REAR YARD SETBACK AT 8088 SUNNYSIDE ROAD; MOUNDS VIEW PLANNING CASE VR2011-006 WHEREAS, property owners, Gordon and Cynthia Druvenga, have applied for a variance to allow a house addition to encroach four feet into the required 30 foot rear yard setback at 8088 Sunnyside Road; and, WHEREAS, 8088 Sunnyside Road is zoned R-1, Single Family Residential, and legally described as follows: Spring Lake Park Hill View, Except the West 85 feet of Lot 96, Ramsey County, Minnesota PIN 06-30-23-42-0015 WHEREAS, the Mounds View Planning Commission has reviewed the following documents regarding this proposal: 1. Proposed Site and Addition Plans 2. Zoning Map 3. Aerial Views 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 20, 2011; 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 8088 Sunnyside Road, and makes the following findings of fact related to its decision: P.es 945-11 I'Ug� 2 1. Circumstances appiy to this property in that the house was built on the lot in 1952 with a deep front setback, and the rear of the lot was then split off. The house placement and subdivision makes it difficult to add any living space to the house and meet required setbacks without a variance. 2. The literal interpretation of the provisions of the Zoning Code would limit the applicants' ability to expand their house. 3. The applicants did not build this house or subdivide the lot, and intend only to substantially improve the property. 4. Granting this variance would not confer upon the applicant a special privilege in that where the house was built on the lot and the size of the property are pre- existing conditions. 5. The four (4) foot variance is the minimum variance required to alleviate the applicants' practical difficulty. 6. Granting a variance to allow for a house addition with up to a four-foot rear setback would not be detrimental to the purpose of the Zoning Code in that few properties have a larger front yard than back yard. 7. Granting the variance would not impair an adequate supply of light or air to the adjoining properties. NOW, THEREFORE, BE IT FINALLY RESOLVED, the Mounds View Planning Commission, based upon the above findings, approves the variance request of Gordon and Cynthia Druvenga, to allow a living space addition to have a 26-foot rear setback at 8088 Sunnyside Road subject to the following: If within one year after granting the variance, the work as permitted by the variance has not been completed, then such variance shall become null and void unless an extension of time has been requested by the applicant and granted by the Planning Commission. Such extension shall be requested by the applicant in writing, and submitted to the City at least 30 days before the expiration of the original variance. Adopted this 20�h day of July, 2011. �� Gary N�eehihause, Vice-Chair ATTEST: � � ��,.�,.�i_-, � �',,,�„�;>._— James Ericson, City Administrator (SEAL) MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 946-11 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RECOMMENDING APPROVAL OF AN AMENDMENT TO CHAPTER 1121.09 OF THE MOUNDS VIEW ZONING CODE TO ADDRESS ACCESSING DETACHED PARKING AREAS WHEREAS, City staff has recommended that a requirement for accessing detached parking areas frequently be specifically addressed in Chapter 1121.09 Subd. 7 of the Zoning Code; and, WHEREAS, City staff has amended Chapter 1121.09 Subd. 7 of the Mounds View Zoning Code by deleting the ��r�s!<er. language and adding the underlined text as follows: Chapter 1121.09 Subd. 7. Surfacing: All areas, as allowed in subdivision 1104.01(4) of this Title, to be utilized for parking space and driveways shall be surfaced with a permanent improved surface material as defined in Section 1102.02 of this Chapter, suitable to control dust, drainage and erosion, meeting the requirements of Section 902.03 of this Code except as follows: A gravel surface material meeting the specifications of Section 902.03, subdivision 5 of this Code may be used for parking areas in an R-1 or R-2 District not to exceed three hundred (300) square feet or, if to be used as a parking surface for an RV, the minimum area that would encompass the wheel-base area of one (1) recreational vehicle. If any parkinq area detached from the drivewav is utilized for frequentiv used vehicles it shall be serviced bv an improved drivewav that connects to and is accessed onlv bv the primarv drivewav. Plans for surFacing and drainage of driveways and stalls for five (5) or more vehicles shall be submitted to the Director of Community Development for review, and the final drainage plan must receive the Director of Public Works/City Engineer's written approval. WHEREAS, amending the Zoning Code to address accessing detached parking areas 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 1121.09 Subd. 7 of the Mounds View Zoning Code to address accessing detached parking areas as defined herein. Resolution 946-91 F'aqe 2 BE IT FINALLY RESOLVED that the Mounds View Planning Commission directs staff to forward this resolution to the City Council prior to approval of the minutes. Adopted this 20th day of July, 2011. ��t �� __ Gary eehlhause, Vice-Chairperson ATTEST: � ` , �c_ �..�: -a �_ 1��..�1-cT7 �_ James Ericson, City Administrator (SEAL) MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 947-11 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING AMENDMENTS TO TITLE 1100, CHAPTERS 1102 AND 1125 OF THE MOUNDS VIEW ZONING CODE AND AMENDING TITLE 1000, CHAPTER 1008 AND TITLE 1200, CHAPTER 1205 OF THE MOUNDS VIEW CITY CODE REGARDING VARIANCES WHEREAS, City staff has recommended that the Mounds View City Code and Zoning Code language for variances be amended to be consistent with the 2011 adopted state code variance language; and, WHEREAS, City staff has amended Chapters 1102 and 1125 of the Mounds View Zoning Code Chapter 1008 and 1205 of the Mounds View City Code by deleting the ��;`�e„ language and adding the underlined text as follows: Title 1100, Chapter 1102, Section 1102.02, subdivision 124 of the Mounds View Zoning Code: Subd. 124. VARIANCE. The waiving by Board action of the literal provisions ofthe Zoning Code in instances where their strict enforcement would cause t�ue-#�ardsf�+p practical difficulties because of p�ysiea! unique circumstances �i�iqiae related to the individual property under consideration. Title 1100, Chapter 1125, Section 1125.02, subdivisions 2 and 6 of the Mounds View Zoning Code: Subd. 2. Criteria for Granting Variances: A variance to the provisions of the Zoning Code may be issued by the Board of Adjustment and Appeals, or in the case of an administrative variance, by the Director of Community Development as explained in Section 1125.02, subdivision 6, to provide relief to the landowner in those cases where the Code imposes ��e-harc�sl�+�-e� practical difficulties to the property owner in the use of the property owner's land. Practical difficulties include but are not limited to inadeauate access to direct sunlipht for solar enerav svstems No ase variances � shall be issEie� r� that would allow anv use that is not allowed in the zonina district in which the subiect propertv is located. A variance may be granted only in the event that all of the following circumstances exist: - - - - - • -.- - . .. - . - . Res 947-11 Page 2 b. Th.c, I'+or.,l'n4ornm#�,4i nf 4�� nf+h'c T'410 �nrr� I.J rl.-.v.✓vo 4ho �, nliC�{�t-e# h+ ..I�� e �o.J h�. .,�h., #+�is �+tae The variance is consistent with the comprehensive blan. C. Th..+ Lh '..I ....rl.}.....`. `.. `.. "_mo+^nnoc .J.. n.�.4 r _^I+ frnm +ho -�r+.� "vTmc .,�.,.,.,..... � .. . . .._ a�pGea+�� The aqqlicant pr000ses to use the orooertv in a reasonable manner not permitted bv this Title or the Citv Code. d. - ��lono +h�.M 'o rlo orJ h�i Lhin T'_�i�� V .. �f nih�r IMnflc c4rwn�M. r hM;irl;nnc 'n ...�. . .. . , .., .... ..�,... ;�;,�;°�� Uniaue circumstances aoplv to the propertv which do not applv to other properties in the same zone or vicinitv and result from lot size or shaoe topoaraphv or other circumstances over which the owner of the propertv since the enactment of this Title has had no control The uniaue circumstances do not result from the actions of the apqlicant. 2. Th..l +h . .............., . �+.,f! '� +he .".'........_... __.._..__ ..�h...h . ^I.J ollov:�4o +h4 ..y..._....._.... . ..._ - �fv C .J'+' ..I.,..�, �h.,ll .,.,+ ho .. �'.d.,r�..J , h.,..��r,• The variance does not alter the essential character of the neiahborhood. f Tho � IA .,.,+ ho �. -+4.,.,�11�� .�I,�+r,w.o.,Ml +.. +F.., ., ..,..�o .,f 4h;� T;+lo _� +., ..� ...�.. ..... ,_ ....., `.,....r...__ ... ... . .._ ._ +hor ^r^^o.+., •^ Fti^ °^^,° �^^° The variance requested is the minimum variance which would alleviate the practical difficulties Economic conditions alone do not constitute oractical difficulties. -- _ 9� .. �h,. .J.,r.. ..F fir.. .,.�innner 4h�, ., hl'n �fo hcM.,+'nll�� .J'r,�, 'ch n ��,.^.i� ^ ^C ^........,y.,. ..,.. �,...,.,.. �... .�Y-O �}�_��.��„ ,,.,�� +h „ +tio ., '..hhn �.,.,,� The Board of Adjustment and Appeals may impose such r°°'��'^�„�^,Q conditions upon the premises benefited by a variance as may be necessary to comply with the standards established by this Title or to reduce or minimize the effect of such variance upon other properties in the neighborhood and to better carry out the intent of the variance. The condition must be directiv related to and must bear a rouah proportionalitv to the imoact created bv the variance. Subd. 6. Administrative Variance Process: a. Types: Property owners seeking relief from the Zoning Code may request an administrative variance, provided that the property is zoned R-1 or R-2 and either of the following is applicable: (1) The request concerns setbacks; the variance amount is within twenty-five percent (25%) of code requirements; and approval of the variance does not result in a setback of less than five feet (5'); and Res 947-11 Page 3 (2) �The request is related to a pre-existing, non-conforming driveway or curb cut. b. Review Procedures: The Director of Community Development will review administrative variance requests. In orderto be approved, the variance request must meet the h^.� criteria as stated in Section 1125.02, Subdivision 2. If �iardsl�i�+s evidei� all of the criteria are met and approval is granted, the adjacent property owners must be notified by mail of the preliminary approval and allowed ten (10) days to respond to the decision. Absent any opposition from adjacent property owners, the Planning Commission shall reviewthe administrative variance request atthe following regularly scheduled meeting. c. Denial and Appeals: If the Director chooses to deny a request, or if either the adjacent neighbors orthe Planning Commission disagrees with administrative approval of a variance request, the request is denied administratively and the applicant may choose to request a formal variance from the Planning Commission. d. Fees: Administrative variance fees are set according to the fee schedule adopted by City Council resolution. Title 1000, Chapter 1008, Section 1108.16, subdivision 1 of the Mounds View City Code: Subd. 1. A variance to the provisions of Chapter 1008 may be considered by the Board of Adjustment and Appeals to provide relief to the landowner in those cases where the Code imposes �ue-I�a��re� practical difficulties to the property owner. Applications shall be submitted and reviewed in the same manner as indicated in Chapter 1125 of the Mounds View Zoning Code. Title 1200, Chapter 1205, Section 1205.02 of the Mounds City Code: 1205.02: VARIANCES: The Council may grant a variance of these subdivision regulations in any particular case where the subdivider can show that, by reason of ��,�„� ^^^h„ ^^+ti^r ^"„° ^�� ^^^�i�iens uniaue circumstances relatina to a specific lot, the strict compliance with these regulations �^ '�' ^^� °° ^^ °�^^^'�^^^'-a� iFnc�ue imaoses unusual hardshi '�^ ^�^��^,�^+ „f � �_��+�.,+�� .,r,,..ort„ �,.h+� ., p „ �..,..,..,�... _ �._�_.., ..�.._, �.'.Jo.J l.h ..,I'ef rr, . ho .. .,4o�vui�i:i� nr �•,t +., +ho hl�.. ,��vi.��ic,";� �.,i i.�.� v"v'�.ii0..� to the subdivider in the use of his or her land Unusual hardship includes. but is not limited to. inadepuate access to direct sunliaht for solar enerav svstems. A variance mav be aranted onlv if the Council finds that all of the followina circumstances exist: Subd 1 The variance is in harmonv with the aeneral purposes and intent of these reau�ations. Res 947-11 Page 4 Subd. 2. The variance is consistent with the Comorehensive Plan. Subd 3 The subdivider pr000ses to use the propertv in a reasonable manner not permitted bv these reaulations or the Citv Zoninp Ordinance. Subd 4 Unipue circumstances aoplv to the oropertv which do not aoolv aenerallv to other prooerties in the same zone or vicinitv and result from lot size or shape topoaraqhv or other circumstances over which the owner of the propertv since the enactment of these reaulations has had no control That the uniaue circumstances do not result from the actions of the aaplicant. Subd. 5. The variance does not alter the essential character of the neiahborhood. Subd. 6. That the variance requested is the minimum variance which would alleviate the unusual hardship. Economic conditions alone do not constitute unusual hardshio. Subd. 7. The Council mav impose such conditions upon the premises benefited bv the variance. as mav be necessarv to comolv with the standards established bv this section or to reduce or minimize the effect of such variance upon other prooerties in the neiahborhood. and to better carrv out the intent of the variance. The condition must be directiv related to and must bear a rouah proportionalitv to the impact created bv the variance. WHEREAS, amending the Zoning Code and City Code to be consistent with state code will serve to clarify the zoning requirements; and, WHEREAS, the Mounds View Planning Commission concurs that amendments to the Zoning Code and City Code are warranted and justified. NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission recommends approval of amendments to Chapters 1102 and 1125 of the Mounds View Zoning Code Chapter 1008 and 1205 of the Mounds View City Code 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 20�" day of July, 2011. ATTEST: (SEAL) Gar�.�s , /� %�. rGS� � ehl ause, Vice-Chairperson );. �� `_ ' 3i � ;i �.__-1��.. , r. James Ericson, City Administrator MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 948-11 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION DENYING A VARIANCE FOR A SECOND CURB CUT AND DRIVEWAY AT 6939 PLEASANT VIEW DRIVE; PLANNING CASE VR2011-007 WHEREAS, the applicant, Lois Lestina, property owner of 6939 Pleasant View Drive, has applied for a variance to allow a second curb cut and driveway on her property; and, WHEREAS, 6939 Pleasant View Drive is zoned R-1, Single Family Residential, and is legally described as follows: Knollwood Park, Lot 73, Ramsey County, Minnesota PIN 07-30-23-33-0029 WHEREAS, the Mounds View Planning Commission has reviewed the following documents regarding this proposal: 1. Zoning Map 2. Aerial View 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 duly-noticed public hearing regarding this request on September 21, 2011; 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 all of the criteria as identified in Section 1125.02, Subdivision 2 of the Mounds View Municipal Code are not satisfied, and finds there not to be sufficient hardship with regard to the property located at 6939 Pleasant View Drive, and makes the following findings of fact related to its decision: Resolution 948-'11 Page ? 1. The only exceptional circumstances that apply to this property is that the house and original driveway were placed at the far south side of the property in 1940. The property is otherwise unexceptional with no special conditions or limitations to its use. 2. Section 1121.09 Subdivision 5e of the Zoning Code states that single-family �ots shall be limited to one curb cut per property unless it is in the interest of public safety to waive such. There are no public safety issues with this property that would cause the owner to need two curb cuts. 3. The applicant had no control over the placement of the house and original garage and driveway, but has since built the existing garage and north driveway. The 26-foot distance between the house and north driveway is the result of the applicant. 4. Granting this variance would confer upon the applicant a special privilege not typically enjoyed by others in the same zoning district. 5. Granting a variance for a second curb cut would be detrimental to the purpose of the Title as there appears to be little or no hardship associated with the request. The applicant could easily expand the north driveway to bring it closer to the house. 6. Granting the variance would be materially detrimental to the purpose of the Zoning Code or to other property in the R-1, Single-Family Residential zoning district. 7. Granting the variance would not impair an adequate supply of light or air to the adjoining properties. NOW, THEREFORE, BE IT FINALLY RESOLVED, the Mounds View Planning Commission, based upon the above findings, denies the variance request of Lois Lestina, property owner of 6939 Pleasant View Drive, to allow a second curb cut and driveway to remain on the south side of the property. Adopted this 21 S� day of September, 2011. ATTEST: (SEAL) �� ` � �� l� ��- Gary Stevenson, Chair �� 0..i/.).2-G1 ��1��)1 . �! _. James Ericson, City Administrator MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 949-11 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF THE MINOR SUBDIVISION OF 7337 SPRING LAKE ROAD, REQUESTED BY GARY VOLTIN AND BONITA HAGEL, PERSONAL REPRESENTATIVES OF THE EDMUND VOLTIN ESTATE; PLANNING CASE NO. MI2011-001 WHEREAS, Gary Voltin and Bonita Hagel, personal representatives for the estate of the decedent, property owner Edmund Voltin, have requested approval of a minor subdivision of 7337 Spring Lake Road, a property zoned R-1, Single Family Residential, and legally-described as: Lot 90, Spring Lake Park Knolls, Ramsey County, Minnesota, except fhe north 100.00 feet thereof PIN 07-30-23-23-0036. WHEREAS, the Applicants propose to subdivide 7337 Spring Lake Road into two lots; the north lot will include the existing house, and the south lot will be vacant; and, WHEREAS, the Planning Commission has reviewed the ApplicanYs request for a minor subdivision and has determined that it is in conformance with Chapters 1104, 1201, and 1202 ofthe Municipal Code; and WHEREAS, the Planning Commission finds that the Applicants request for a minor subdivision is in conformance with the Comprehensive Plan; and, WHEREAS, in accordance with Section 1204.04, Subd. 4 of the Municipal Code, a park dedication fee will be required, with the amount to be determined by the City Council, based on the 2011 Ramsey County assessed market land value. NOW, THEREFORE, BE IT RESOLVED that the Applicant shall have 6 months from final approval to file proper documentation with Ramsey County, including new deeds and easement documents, and furnish proof of such recording to the City. If such action is not accomplished by the date so indicated, this minor subdivision approval shall be considered null and void. (�esolufion 949-1 I Page 2 NOW, THEREFORE, BE IT FURTHER RESOLVED that the Mounds View Planning Commission recommends approval of the minor subdivision of 7337 Spring Lake Road subject to the following stipulations: 1. The Applicants shall complete any and all requirements after final review of the Certificate of Survey and title commitment by the City Attorney. 2. The Applicants shall arrange to amend the Certificate of Survey if any changes are required by Ramsey County. 3. The Applicants shall pay to the City, a park dedication fee and all other fees associated with this subdivision request. 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 5�h day of October, 2011. �� 4 �% �� Gary Stevens. n, Chairperson ATTEST: �-_J G-,uu-a�� -�� James Ericson, City Administrator (SEAL) FOR: i i i i i i i � I I I I I I I I I I I I I I I I I I I � i I I I � � I I � I I I � � � � x0�' _J n �9-. 'IFICATE OF SURVEY EDMUND VOLTIN/HERBST FAMILY I --d {e_ J- �'' � r �� -------es------� f 0 � Q � � � Q J � L � a � \9�•'�C��. l8 n��'r n � N Lii�� k� � �l � f5� yf.P� �9� A� .,ev�, ��i -66 _y �9�5 �ge.'�9�4 q�G c ' •s�'`\ u ,q�^"w.��1Y � PROPERTY ADDRESS: 7337 Spring Lalce Road, Mounds Vlew, MN mm ��e oi �a so - __� ) � �� .,n� �aRa�E r �, Nh�°ao�sz^w„� � �� . iu�.sv �,,� i ; ;� " Y. �� '� NORTH i o �:, I' IO- 4" � � � �I .. 1� �a. FQ�6I0 y. I � � s � �'�v ( IN FEET ) _ ____A' �.�a�� ;' i �':.xP_ � �non = anrt. I I I � �.. . _ n9i�I.10 _ I e I f m'aa oi 'ol c It�ei> �I � � .i�'L "cFS"��`� s ry � � .,,�.-�—^ �'�, ,�i� i � �"� � _ � PARCI'sL "A" ` The. south 10250 te.et of the. north �i� ^ y 20?..50 Feet of Lot 90, SPRWG IAKE ��° PARK KNOLLS, Ramse.y County, -.. . ��.o Minnesoln. �'io ._ _ __'.. .,, 4-°3 -'�'�.°:'.�� . I :�i1h1J �rM11`v ' I 'I �� .yy{i;ai,n * i1.F' x' �/ Y.'):� { � /I 4V945 X�Yf4 F�,s� : ti �,+tXe" .,.ax�l ¢E unvv °'a1F ;P f - \V�� al �13 ��- +o� ,��u y�� lit�U W: --$ou�M1 IinO Of 101 190 ly � ,'10�. � ��ll�'.9 N x q,,.i , Reservin9 an ense,ment for Arninoge �nd utility purposes ove.r, unAer antl ocro�s [he north 5 feet, west 70 " feet, east 10 feet ond south 5 feet - .s, ' thereof. ;.»� W TOIOI p(CO = Ii.00B $q.ft. � � :,. FARCEL "B„ ino �, Thol parl of Lol 90, SPRING LAKE �,��^ PARK KIJOLLS, Ramsey Coanly, o�. Minnesota, which lies sautherly of 7._; the north 202.50 feel lhereof. ., Reserving an easemenl for drainoge ' and ulillty purposes aver, under and across lhe norlh 5 feel, wesl 10 feel, easl 5 feel ond south 10 Ex. rioUtiE leet thereof. C9i:1 .�..., i L W ��}% �{�� /. .t �YS - �s _ - 5. 6 -b`x - .. g5. 1 � f�' l 4 V iCl -'_ .�y _° . -_.-i �P.(e Y /i � y q ' vU. v� � j O^.] 'qi B , 6' �>S �VAT ' . ] � \V 6 COUNTY R�AD H2 e �EC;��p ;��v" c�,t ; ` —°°—=�=�a- _ _. ° - - ' ..� ucNOi�s raEc ---�-��.°° —s-- w � i • f1EN0iES IRON MONUMF.NT FOOND _ i o DENOlES IRON MONUMFNT SET ------------ ___ �m DENOTES UTILITY POIE _ - _ - _ , _ _ _ _ _ __ � _'_ _ _ - NOTES C�9 DFNOTES IAISCFII.ANE0U5 MANHOLE - Fietd survey condueted on August, 201L OO DENOTES SANITARY SEIVER MANHOLE - BEARING'S SHOVfM ARE ON ASSUMED �ANM. �1 DENOTGS CATCH pASIN - CONIRACTOR TO VF.RIfY IIOUSE �IAIENSIONS. —�^^— DFNOTFS OVERHEAD N1RE AND SEWER ANO BPSEMENT DEPlHS. —__x -- DENOTES E%ISPNG FENCE - ELEVATONS SHOWN AFE ON ASSUTAED �nNM. nmi.iOENOTES E%ISTING ELEVATION. LXIS'fING YROPR.R'CY DGSCRIY7'ION .� Lot 90, SPRiNC LAKE PARK HNOLLS, Rainsoy Comty, L�_ �_ � OENOTES CONGRETE Alinneeoia, E%CCPT Ibe narih 100.00 feet ihereoL '� UEN01E5 dll'UMINOUS I hereby certify lhol this plan, survey or reporl ww prepared by Job #11292 me or under my tlirect supervision and thol I am a duly Licensed �ACRE LAND SURVEYING ;; Lantl Svrveyror under lhe lows of ihe State ot Minnesola. ti� Serving Twin Clliea MeMo = ' , area and beyontl r ,• III _�.,:..-_>( v�.�—„�� Rev. Au9. 7.Pth, 11, added easemenls �t��-�'�� acrelandeurveycmgmail. o ERIC R. `4CKARYOUS Dale: Aug. 22nd, 2017 Reg. No. 44125 G\LUnd PrnJects 2009\11292ns-Mntl.Vw-Herb.t\dwq\112926s-herbst.dx0 8/22/2011 1�332] PM COT Tolal area = 17,A62 sq.ft. .os�� MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 950-11 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 utility use, Ramsey County, Minnesota (PIN 06-30-23-31-0030) And, That part of Lot 48, Auditors Subdivision Number 89 lying South of the North 300 feet iront 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 applicant 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, FZe�;nlutior�� ,<15C)-��11 ('��r)i=: ? 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 building 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 Planning Commission approved Resolution 892-08 which approved the variances for the "Select Senior Living" development; and, Resalutinn 9!ii�-�11 Pac7r; 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 approval 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 applicanYs 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. Resolnfion '�)50-1 �I f',.3ge �! 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 5t" day of October, 2011. ATTEST: (SEAL) �^. �� Z. :�' C�.� Gary Stevenson, Chairperson �.��.�` ! e �� James Ericson, City Administrator MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 951-11 CITY OF MOUNDS VIEW RAMSEY COUNTY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF A CONDITIONAL USE PERMIT TO ALLOW OUTDOOR STORAGE AT THE TYSON COMPANIES AT 4825 MUSTANG CIRCLE; PLANNING CASE CU2011-001 WHEREAS, property owner D& A Development (The Tyson Companies), has applied for a conditional use permit to outdoor storage on their property; and, WHEREAS, the subject properties, located at 4825 Mustang Circle, are zoned I- 1, Industrial, and legally described as follows: Mounds View Industrial Park, No. 3, Block 1, Loi 4 PIN 17-30-23-13-0006 Mounds View Industrial Park, No. 3, Block 1, Lot 5, Subject to Easements PIN 17-30-23-13-0007 Mounds View Industrial Park, No. 3, Block 1, Lot 6, Subject to Easements PIN 17-30-23-13-0008 WHEREAS, the Mounds View Zoning Code conditionally allows outdoor storage in Industrial zoning districts; and, WHEREAS, the Planning Commission has reviewed the following documents about this proposal: 1. Staff Report 2. Zoning Map 3. Aerial Photo 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 storage meets the requirements as outlined in Chapters 1116 and 1125 of the Zoning Code. I�esc�lutiun 951-11 I'aqe l 2. The request is consistent with the Mounds View Comprehensive Plan in that the outdoor storage would be a type of land use that is consistent with the "Industrial" land use designation for the applicanYs property. 3. The outdoor storage would not be out of place given the existing character of the surrounding area. 4. The proposed outdoor storage should not depreciate the neighboring properties. 5. The applicant has sufficiently demonstrated that a need exists. NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission recommends approval of the conditional use permit for the outdoor storage, with conditions as follows: 1. The Planning Commission or 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 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 16�h day of November, 2011. ATTEST: (BEAL) � � � �/ �-v��-lJ� James Ericson, City Administrator MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 952-11 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF AN AMENDMENT TO CHAPTER 1112 OF THE MOUNDS VIEW ZONING CODE TO ADD A CONDITIONAL USE TO THE B-1, NEIGHBORHOOD BUSINESS, ZONING DISTRICT; SPECIAL PLANNING CASE 182-11 WHEREAS, City staff has recommended that a conditional use be added to the B-1, Neighborhood Business District, Chapter 1112, of the Zoning Code; and, WHEREAS, the Planning Commission agrees with the City Staff recommendation to add another conditional use to the B-1, Neighborhood Business District, Chapter 1112, of the Zoning Code; and, WHEREAS, City staff has amended Chapter 1112 of the Mounds View Zoning Code by deleting the st�ie-IFes� language and adding the underlined text as follows: 1112.04: CONDITIONAL USES: The following are conditional uses in a B-1 District (requiring a conditional use permit based upon procedures set forth in and regulated by Section 1125.01 of this Title): Subd. 7. Outdoor Vendinq Kiosks� provided that: a. The kiosks shall use onlV electronic forms of payment. b. Onlv movies and video qames mav be rented from the kiosk. c. Mav be placed only at retail stores, motor fuel stations and restaurants. d. Onlv one business on each propertv mav install outdoor vendinq kiosks. e. The kiosk shall be placed immediatelv adjacent to the host businesses buildinq. No loss of parkinq or interference with the flow of traffic shall occur due to the placement of a vendinq kiosk. WHEREAS, amending the Zoning Code to add another conditional use 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, Res 952-11 Page 2 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 ofthe Mounds View Zoning Code to add another conditional use 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 16t" day of November, 2011. � Gary Stevenso hairperson ATTEST: � vl-~— c�.-e.� James Ericson, City Administrator (SEAL) MOUNDS VIEW PLANNING COMMISSION RESOLUTION 953-11 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION ESTABLISHING THE 2012 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 2012; and, WHEREAS, with the exception of July, 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 2012. 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 7�h day of December, 2011 / Gary Steven n Chairperson ATTEST � «NI�I.C� �-��, ,('� � � v��y��_� James Ericson, City Administrator (SEAL) l � EXHIBIT 1. 2012 MEETING SCHEDULE MOUNDS VIEW PLANNING AND ZONING COMMISSION January 4 February 1 March 7 April 4 May 2 June 6 July 10 (Tuesday) August 1 September 5 October 3 November 7 December 5 January 18 February 15 March 21 April 18 May 16 June 20 July 18 August 15 September 19 October 17 November 21 December 19 MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 954-11 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF A MINOR SUBDIVISION OF THE VACANT LOT OWNED BY ROBERT AND MARY PEARSON, ADJACENT TO 2565 SHERWOOD ROAD; PLANNING CASE NO. MI2011-002 WHEREAS, Robert and Mary Pearson have requested approval of a minor subdivision of a vacant lot they own adjacent to their property at 2565 Sherwood Road, a property zoned R-1, Single Family Residential, and legally-described as: The Westeriy 299.00 feef of the Easterly 528.66 feet of the North 100.00 feet of the South 262.00 feef of the Northeast Quarter of Section 6, Township 30 North, Range 23 West, Ramsey County, Minnesota PIN 06-30-23-14-0071 WHEREAS, the Applicants propose to subdivide this vacant lot into two lots; Robert and Mary Pearson will remain the owners of the east lot, and intend to sell the west lot; and, WHEREAS, the Planning Commission has reviewed the Applicants request for a minor subdivision and has determined that it is in conformance with Chapters 1104, 1201, and 1202 of the Municipal Code; and WHEREAS, the Planning Commission finds that the Applicants request for a minor subdivision is in conformance with the Comprehensive Plan; and, WHEREAS, since both parcels are planned to remain vacant open space and no additional homes built as part of this subdivision, a park dedication fee is not required with this subdivision application; and, WHEREAS, if in the future, a new house is constructed on either of these vacant parcels, a park dedication fee, based on five percent of the Ramsey County assessed market land value (of the year current at the time of building permit application), will be required before a building permit is issued. NOW, THEREFORE, BE IT RESOLVED that the Applicants shall have 6 months from final approval to file proper documentation with Ramsey County, including new deeds, and furnish proof of such recording to the City. If such action is not accomplished by the date so indicated, this minor subdivision approval shall be considered null and void. f�'esolulior� 954-'(1 Page 2 NOW, THEREFORE, BE IT FURTHER RESOLVED that the Mounds View Planning Commission recommends approval of a minor subdivision of the vacant lot owned by Robert & Mary Pearson, adjacent to their property at 2565 Sherwood Road, subject to the following stipulations: 1. Joseph Holl, buyer of Parcel A, shall officially combine Parcel A with his property at 2573 Sherwood Road for property tax purposes. 2. Parcel A, as a vacant lot, shall be allowed to have accessory buildings as long as Parcel A is tax combined with 2573 Sherwood Road. If these properties become disconnected from each other for any reason, all accessory buildings located on Parcel A must either be removed, or a house constructed within one year from the date of disconnection. 3. Robert and Mary Pearson, owners of 2565 Sherwood Road and Parcel B, shall officially combine these two parcels together for property tax purposes. 4. Parcel B, as a vacant lot, shall be allowed to have accessory buildings as long as Parcel B is tax combined with 2565 Sherwood Road. If these properties become disconnected from each other for any reason, all accessory buildings located on Parcel A must either be removed, or a house constructed within one year from the date of disconnection. 5. If new home construction should occur on either of these vacant parcels, the City will require that a park dedication fee be paid to the City before a building permit will be issued. 6. The Applicants shall complete all requirements after final review of the Certificate of Survey and title commitment by the City Attorney. 7. The Applicants shall arrange to amend the Certificate of Survey if changes are required by Ramsey County. 8. The Applicants are responsible for reimbursing the City of all fees associated with this subdivision request. � Resolutia�� 954-�1'1 Page 3 NOW, THEREFORE BE IT FINALLY RESOLVED that the Mounds View Planning Commission directs staff to forward this resolution to the City Council prior to approval of the minutes. Adopted this 71h day of December, 2011. ;' f' ,� C;LI/%� - Gary Steven on, Chairperson ATTEST: (SEAL) � ��t�•'b�--�. James Ericson, City Administrator MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 955-11 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION DENYING A VARIANCE TO ALLOW AN ACCESSORY BUILDING TO EXCEED THE 18 FOOT HEIGHT LIMIT AT 8027 WOODLAWN DRIVE; PLANNING CASE VR2011-008 WHEREAS, the applicant, Tim Downing, property owner of 8027 Woodlawn Drive, has applied for a variance to allow a 22 foot 10 inch tall garage on his property; and, WHEREAS, 8027 Woodlawn Drive is zoned R-1, Single Family Residential, and legally described as: Woodlawn Terrace, Lot 24, Ramsey County, Minnesota PIN 05-30-23-32-0033 WHEREAS, the Mounds View Planning Commission has reviewed the following documents regarding this proposal: 1. Zoning Map 2. Aerial View 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 restricts 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 7, 2011; 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. Resolution 955-11 Page 2 NOW, THEREFORE, BE IT RESOLVED, the Mounds View Planning Commission finds that all of the criteria as identified in Section 1125.02, Subdivision 2 of the Mounds View Municipal Code are not satisfied, and finds there not to be sufficient practical difficulty with regard to the property located at 8027 Woodlawn Drive, and makes the following findings of fact related to its decision: 1. The Zoning Code has established regulations for accessory building height in order to maintain visual consistency in the neighborhood, and to prevent accessory buildings from being taller or overshadow the house on the property. The applicant did not follow his submitted and City approved building plans, and did not follow City Code regulations. 2. The variance may not be inconsistent with the Comprehensive Plan, although the Comprehensive Plan would not encourage property owners to not follow City Code regulations. 3. The applicant may intend to use the property and garage in a reasonable manner, but has not demonstrated that there is a true "practical difficulty" associated with this property that would warrant allowing a garage to exceed the Zoning Code height limit. 4. There are no unique circumstances that apply to this property. The need to apply for a variance is the direct result of actions by the property owner. 5. Granting a variance to allow a taller garage may not alter the character of this particular neighborhood since the lots are large. 6. The variance requested is the minimum variance needed since the garage is already built. 7. The Planning Commission may impose conditions upon the premises as may be necessary to comply with city standards and to minimize the effect of such variance upon other properties in the neighborhood. � Resolution 955�11 Page 3 NOW, THEREFORE, BE IT FINALLY RESOLVED, the Mounds View Planning Commission, based upon the above findings, denies the variance request of Tim Downing, property owner of 8027 Woodlawn Drive, to allow a garage to exceed the 18 foot accessory building height limit. Adopted this 7�h day of December, 2011. ATTEST: (SEAL) � � �� , - . — \ Gary Steven on, Chair 1 1 � ) CA✓V1.��j vL��,�, James Ericson, City Administrator