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HomeMy WebLinkAbout956-12 TO 974-12MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 956-12 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-i^�=� 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 surtace 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. 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. a. All areas used reqularly for the parkinq of a vehicle or vehicles shall be serviced by an improved drivewav adioininq to the propertv's primary drivewav. Access to separate parkinq areas shall be achieved onlv from the propert �'�s aqproved curb cut opening at the street. Reqularlv accessinq parkinq areas by other means or locations shall be prohibited. 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 95G-'I?_ Page 2 BE IT FINALLY RESOLVED that the Mounds View Planning Commission directs staff to forward this resolution to the City Council prior to approval of the minutes. Adopted this 7'h day of March, 2012. ,��� ���� Gary Meehlhause, Vice-Chairperson ATTEST: �,���L�y��.�—i�. � ����.i�t,d.�71.�� James Ericson, City Administrator � (SEAL) MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 957-12 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A VARIANCE TO ALLOW A DETACHED ACCESSORY BUILDING TO EXCEED THE ALLOWED SIZE AT 2975 COUNTY ROAD 10; PLANNING CASE VR2012-001 WHEREAS, the applicant, Bill Lloyd, has a purchase agreement for the property at 2975 County Road 10, and has applied for a variance to allow a detached garage on the property to exceed 30 percent of the gross floor space of the principal use; and, WHEREAS, 2975 County Road 10 is zoned B-3, Highway Business, and legally described as: AUDITOR'S SUBDIVISION NO. 89, SUBJECT TO RD; THE E 166 FT OF PART NEWLY OF HWY OF LOT 13, RAMSEY COUNTY, MN PIN 06-30-23-23-0045 WHEREAS, the Mounds View Pianning Commission has reviewed the following documents regarding this proposal: 1. Zoning Map 2. Aerial View 3. Photographic Documentation 4. Building Elevations 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 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 March 21, 2012; 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 957-12 Page 2 NOW, THEREFORE, BE IT RESOLVED, the Mounds View Planning Commission finds that the criteria as identified in Section 1125.02, Subdivision 2 of the Mounds View Municipal Code are satisfied and finds there to be sufficient practical difficulty with regard to the property located at 2975 County Road 10, and makes the following findings of fact related to its decision: 1. The general intent of the Zoning Code is to limit commercial properties from constructing very large accessory buildings. Granting the variance would be in harmony with the purpose of the code. 2. The variance is consistent with the Comprehensive Plan in that the applicant is significantly improving the entire property and can store company vehicles indoors. 3. The applicanYs business has a truck and two trailers and some supp�ies that could be stored indoors for security and aesthetics. He is a conscientious business owner located in a residential neighborhood, and wants the property to look nice by being able to store vehicles and supplies inside. 4. The commercial building on this lot is quite small which limits the ability to build a garage big enough for more than one vehicle. The property is zoned B-3, Highway Business which is a higher intensity use. 5. The detached garage is no bigger than other garages in the entirely residential neighborhood, and the existing building will be remodeled which will greatly enhance the neighborhood. The new office use would be a much better fit in the residential neighborhood than the auto-related uses that have been on this site since 1959. 6. The 21 percent variance is the minimum variance required to alleviate the applicanYs practical difficulty and be able to store the few vehicles that the applicanYs company owns. 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. < � R�solutiori 957-'i2 P+�ge 3 � NOW, THEREFORE, BE IT FINALLY RESOLVED, the Mounds View Planning Commission, based upon the above findings, approves the variance request of Bili Lloyd, for the property located at 2975 County Road 10, to allow a 728 square foot detached garage, subject to the following condition: a. The appiicant will construct the garage with matching exterior color and/or finish as the principal building. Adopted this 215� day of March, 2012. ATTEST: (SEAL) �`„ ��% ��a,s__ _� ., Gary eehihause, Vice-Chairperson _ ) � �._� ���._� � � �-�'��>._.i, Ca l� .., James Ericson, City Administrator MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 958-12 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF AMENDMENTS TO CHAPTERS 514 AND 1106 OF THE MOUNDS VIEW CITY CODE TO ALLOW MASSAGE THERAPY AS A HOME OCCUPATION; SPECIAL PLANNING CASE 184-11 WHEREAS, City staff has recommended that massage therapy be allowed as a Home Occupation; and, WHEREAS, the Planning Commission agrees with the City Staff recommendation to allow massage therapy as a home occupation; and, WHEREAS, City staff has amended Chapter 514 of the Mounds View Zoning Code by deleting the °3�;:^�; language and adding the underlined text as follows: 514.06: LICENSE APPLICATION: Subd. 1. Therapeutic Massage Enterprise: The application for a therapeutic massage enterprise license must contain the following information: a. For all applicants: (7) Written consent of propertv owner if applicant is NOT the property owner. � Other information that the City Council may require. 514.10: LOCATIONS INELIGIBLE FOR THERAPEUTIC MASSAGE ENTERPRISE LICENSE Subd. 2. Zoning Compliance: A therapeutic massage enterprise may not be licensed if the location of such enterprise is not in conformance with Title 1100 of the Mounds View Municipal Code.� t See also Section 1106.03. Y Res 958-12 Page 2 WHEREAS, City staff has amended Chapter 1106 of the Mounds View Zoning Code by deleting the °*��:E�tia language and adding the underlined text as follows: 1106.03: ACCESSORY USES: Subd. 3. Home Occupations: The regulation of home occupations within residential structures is intended to ensure that the occupational use is clearly accessory or secondary to the principal dwelling use and that compatibility with surrounding residential uses is maintained. No home occupation shall be allowed which: i. Massaqe Therapv subiect to the requirements of Chapter 514. WHEREAS, amending the City Code to allow massage therapy as a home occupation 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 amendments to Chapters 514 and 1106 of the Mounds View City Code to allow massage therapy as a home occupation 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 215� day of March, 2012. � ��z � =' �-r�._ Gary M�, Vice-Chairperson ATTEST: C �.�� v�..t.%� �-'l'�1.� �.�'l: �— James Ericson, City Administrator (SEAL) i MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 959-12 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A NINE (9) INCH HEIGHT VARIANCE FOR A DETACHED ACCESSORY BUILDING AT 8027 WOODLAWN DRIVE; PLANNING CASE VR2011-008 WHEREAS, the applicant, Tim Downing, property owner of 8027 Woodlawn Drive, has applied for a nine (9) inch height variance for a detached garage; 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 City Council and City Staff decided that the applicant should use the height requirements for accessory buildings that were in effect when the applicanYs building permit for the garage was issued in 2007; and, 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 April 18, 2012; 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. MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 960-12 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF AMENDMENTS TO CHAPTER 1008 OF THE MOUNDS VIEW CITY CODE ABOUT DYNAMIC DISPLAY SIGNS; SPECIAL PLANNING CASE 185-12 WHEREAS, City staff has recommended that amendments be made to the sign code relating to dynamic displays; and, WHEREAS, the Planning Commission agrees with the City Staff recommendation to remove language limiting what type of signs that dynamic displays are allowed on; and, WHEREAS, City staff has amended Chapter 1000, Section 1008.10 of the Mounds View City Code by deleting the °�=�;6��.n language and adding the underlined text as follows: Section 1008.10 Subd. 9. Dynamic Display Signs: c. In addition to all other standards of this chapter, the City allows on-site dynamic display signs '#o f +-�n.J' nu�`',"� ��` h'�nn+4n Co � �„�������ta,�,.T,y^ti� y�o,. .�..- -- � � , subjecttothe following additional conditions: (1) Such signs may be located only in the Limited Business (B-2), Highway Business (B- 3), Regional Business (B-4) or Commercial Planned Unit Developments (PUD's) zoning districts. (2) Notwithstandinq subsection 1 above, such signs may be located on the sites of schools, churches, places of worship or other institutional land uses, subject to the following additional conditions: (a) City Council approval of a conditional use permit (CUP) as outlined in Section 1106.04 and Section 1125.01, subdivision 3 of the City Code. (b) Dynamic display signs in residentially zoned districts must utilize amber color lights. (c) Such signs shall not cause glare, disturbance or other problems to any residential properties or land uses. Resolu(ion J?9-12 �a,qe 7_ 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 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 garage does not exceed the height of the house and is intended to provide enough indoor storage for the amount of items that the applicant owns. 2. The variance is consistent with the Comprehensive Plan in that the applicant has added a significant improvement to his property and can store more items indoors. 3. The applicant owns several vehicles, trailers and other equipment that could be stored indoors. He will be able to maintain his property by being able to store most or all of his items inside. 4. The applicanYs lot is almost an acre in size, which is larger than most in the city. 5. The taller garage does not appear to be an overwhelming size for the neighborhood or the applicanYs property. 6. The nine (9) inch variance is the minimum variance required to alleviate the applicanYs practical difficulty since the structure 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. NOW, THEREFORE, BE IT FINALLY RESOLVED, the Mounds View Pianning Commission, based upon the above findings, approves the variance request of Tim Downing, property owner of 8027 Woodlawn Drive, to allow a nine (9) inch height variance for the garage, subject to the following conditions: a. The applicant must receive approval from the Building Official for a new building permit for the garage as it is actually built by July 1, 2012. b. The applicant must pay the additional permit fees for the new building permit by July 1, 2012. c. The applicant must complete the exterior of the garage by fJctober 1, 2012. ;, Adopted this 18`� day of April, 2012. �1 !� / � � Gary SteJenson, Chairperson ATTEST: � AMn.,�.-o James Ericson, City Administrator (SEAL) Res 960-12 Page 2 (3) The owner or operator of a dynamic display sign shall control and display the primary or background images and messages on the sign so they maintain each display for a minimum of +r�n! n.+ c h hh-�+.,ro oi�,+'n �d{t.�� four (4) seconds. �"^� , r�e, ���„� ..:�. •.. •• •--- -. _ __.._, �e , , 6i�-��$@�h t L. FF I., .. i.�:'.�. er31"� Dynamic display siqnaqe shall not exceed � � fifty (50) square feet of the sign area or fifty percent (50%) of the total square footage of said sign face, whichever is less. WHEREAS, amending the City Code to allow dynamic displays on all types of signs 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 amendments to Section 1008 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 18th day of April, 2012. ATTEST: (SEAL) � , �" �` °-- i , ;, ,� ,�; i =�, � ��-,_ Gary Stev�nson, ChairpersorT-�� , ��_� c�� -�y--� James Ericson, City Administrator MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 961-12 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A VARIANCE FOR A DRIVEWAY WITH A ZERO SETBACK AT 5045 EASTWOOD ROAD; PLANNING CASE VR2012-002 WHEREAS, the applicants, Blaine and Mary Fyksen, property owners of 5045 Eastwood Road, have applied for a variance to aliow their driveway to have zero setback; and, WHEREAS, 5045 Eastwood Road is zoned R-1, Single Family Residential, and is legally described as follows: Twelve Oaks, Lot 8, Block 3, Ramsey County, Minnesota PIN 07-30-23-44-0075 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 May 2, 2012; 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 practical difficulty with regard to the property located at 5045 Eastwood Road, and makes the following findings of fact related to its decision: Resolution 961-12 Pa�e 2 1. The general intent of the Zoning Code is create physical separation between driveways for aesthetics and a sense of privacy for the property owners. 2. The variance is consistent with the Comprehensive Plan in that the applicant is improving the property. 3. The appiicanYs are requesting this variance only for safety reasons, which are not often addressed by the zoning code. 4. The unique feature of this property is the high amount of vehicle and pedestrian traffic on County Road H, and its ciose proximity to an elementary school. 5. The driveways have been combined with zero setbacks for many years, so there will be no change to the existing character of the neighborhood. 6. The 5 foot variance is the minimum variance required to alleviate the applicant's practical difficulty since that is what the zoning code requires for driveway setbacks. 7. The Pianning 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. NOW, THEREFORE, BE IT FINALLY RESOLVED, the Mounds View Planning Commission, based upon the above findings, approves the variance request of Blaine and Mary Fyksen, property owners of 5045 Eastwood Road, to allow a driveway to have a zero setback, subject to the following: 1. The applicants must receive a zoning permit for the entire driveway area prior to its replacement. �/ Adopted this 2"d day of May, 2012. ATTEST: (SEAL) �;- � /� 2 ; �. � / � Gary Steve on, Chair � ann..�ro � James Ericson, City Administrator MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 962-12 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A VARIANCE FOR A DRIVEWAY WITH A ZERO SETBACK AT 5046 RAINBOW LANE; PLANNING CASE VR2012-003 WHEREAS, the applicants, Gordon and Marilyn Davis, property owners of 5046 Rainbow Lane, have applied for a variance to allow their driveway to have zero setback; and, WHEREAS, 5046 Rainbow Lane is zoned R-1, Single Family Residential, and is legally described as follows: Twelve Oaks, Lot 9, Block 3, Ramsey County, Minnesota PIN 07-30-23-44-0076 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 May 2, 2012; 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 sufficienf practical difficulty with regard to the property located at 5046 Rainbow Lane, and makes the following findings of fact related to its decision: Resolutiai 962-12 Page 2 1. The general intent of the Zoning Code is create physical separation between driveways for aesthetics and a sense of privacy for the property owners. 2. The variance is consistent with the Comprehensive Plan in that the applicant is improving the property. 3. The applicanYs are requesting this variance only for safety reasons, which are not often addressed by the zoning code. 4. The unique feature of this property is the high amount of vehicle and pedestrian traffic on County Road H, and its close proximity to an elementary school. 5. The driveways have been combined with zero setbacks for many years, so there will be no change to the existing character of the neighborhood. 6. The 5 foot variance is the minimum variance required to alleviate the applicanYs practical difficulty since that is what the zoning code requires for driveway setbacks. 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. NOW, THEREFORE, BE IT FINALLY RESOLVED, the Mounds View Planning Commission, based upon the above findings, approves the variance request of Gordon and Marilyn Davis, property owners of 5046 Rainbow Lane, to allow a driveway to have a zero setback, subject to the following: 1. The applicants must receive a zoning permit for the entire driveway area prior to its replacement. Adopted this 2"d day of May, 2012. ATTEST: �---� I � , / ./ ��,� 9` � � ac,�.�,C�/lI` �°'� Gary Steve�s�bn, Chair � c�--�-�—l� �' James Ericson, City Administrator (SEAL) MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 963-12 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING AN EXTENSION OF A VARIANCE FOR REDUCED DRIVEWAY SETBACKS AT 5330-5332 RAYMOND AVENUE; MOUNDS VIEW PLANNING CASE NO. VR2011-001 WHEREAS, Kinyon Properties, represented by Mike Kinyon, 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 1Sf Addition, Lot 8, Block 1, Ramsey County, Minnesota PIN 08-30-23-14-0008 WHEREAS, the Planning Commission approved Resolution 938-11, approving the variance on June 1, 2011, and; WHEREAS, the resolution of approval states that if within one year after granting the variance or appeal, 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, and; WHEREAS, the applicant has indicated the new driveways will not be completed within the allowed timeframe and has requested a one-year extension of the variance consistent with the provisions of Resolution 938-11. NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission approves a one-year extension to complete the driveways. Adopted this 6�h day of June, 2012. , ____ ; --- - � Gz j " �j�i�-"�lC � �' � �__.. Gary Steve son, Chair ATTEST: (SEAL) ��a � ��-�- James Ericson, City Administrator MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 964-12 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING AN EXTENSION OF A VARIANCE FOR REDUCED DRIVEWAY SETBACKS AT 5338-5340 RAYMOND AVENUE; MOUNDS VIEW PLANNING CASE NO. VR2011-002 WHEREAS, Kinyon Properties, represented by Mike Kinyon, 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 Couniy, Minnesota PIN 08-30-23-14-0007 WHEREAS, the Planning Commission approved Resolution 939-11, approving the variance on June 1, 2011, and; WHEREAS, the resolution of approval states that if within one year after granting the variance or appeal, 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, and; WHEREAS, the applicant has indicated the new driveways will not be completed within the allowed timeframe and has requested a one-year extension of the variance consistent with the provisions of Resolution 939-11. NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission approves a one-year extension to complete the driveways. Adopted this 6t" day of June, 2012. v`' � Gary Steven� n, Chair ATTEST: (SEAL) � � cFnn.t,� ���`"-" James Ericson, City Administrator MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 965-12 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING AN EXTENSION OF A VARIANCE FOR REDUCED DRIVEWAY SETBACKS AT 5344-5346 RAYMOND AVENUE; MOUNDS VIEW PLANNING CASE NO. VR2011-003 WHEREAS, Kinyon Properties, represented by Mike Kinyon, 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� Addiiion, Lot 6, Block 1, Ramsey County, Minnesota PIN 08-30-23-14-0006 WHEREAS, the Planning Commission approved Resolution 940-11, approving the variance on June 1, 2011, and; WHEREAS, the resolution of approval states that if within one year after granting the variance or appeal, 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, and; WHEREAS, the applicant has indicated the new driveways will not be completed within the ailowed timeframe and has requested a one-year extension of the variance consistent with the provisions of Resolution 940-11. NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission approves a one-year extension to complete the driveways. Adopted this 6t" day of June, 2012. _�'�c>� �� _, -_ � Gary Steve son, Chair ATTEST: (SEAL) �`J C� �w�x.,� ��-t.ti�.----° James Ericson, City Administrator MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 966-12 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING AN EXTENSION OF A VARIANCE FOR REDUCED DRIVEWAY SETBACKS 5372-5374 RAYMOND AVENUE; MOUNDS VIEW PLANNING CASE NO. VR2011-004 WHEREAS, Kinyon Properties, represented by Mike Kinyon, applied for a variance to allow for a three-foot driveway setback at 5372 Raymond Avenue and a one-foot driveway setback 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 Planning Commission approved Resolution 941-11, approving the variance on June 1, 2011, and; WHEREAS, the resolution of approval states that if within one year after granting the variance or appeal, 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, and; WHEREAS, the applicant has indicated the new driveways will not be completed within the allowed timeframe and has requested a one-year extension of the variance consistent with the provisions of Resolution 941-11. NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission approves a one-year extension to complete the driveways. Adopted this 6t" day of June, 2012. �' ' __ _ % � �� - Gary Stev nson, Chair ATTEST: (SEAL) c' c�v�..�� �it�-�---� James Ericson, City Administrator MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 967-12 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING AN EXTENSION OF A VARIANCE FOR REDUCED DRIVEWAY SETBACKS AT 5380 - 5382 RAYMOND AVENUE; MOUNDS VIEW PLANNING CASE NO. VR2011-005 WHEREAS, Kinyon Properties, represented by Mike Kinyon, 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 legally described as follows: Norseman 1 S� Addition, Lot 1, Block 1, Ramsey County, Minnesota PIN 08-30-23-11-0024 WHEREAS, the Planning Commission approved Resolution 942-11, approving the variance on June 1, 2011, and; WHEREAS, the resolution of approval states that if within one year after granting the variance or appeal, 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, and; WHEREAS, the applicant has indicated the new driveways will not be completed within the allowed timeframe and has requested a one-year extension of the variance consistent with the provisions of Resolution 942-11. NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission approves a one-year extension to complete the driveways. Adopted this 6�" day of June, 2012. '�/�� � _' - — -- Gary Stev nson, Chair ATTEST: c� G.�n.� James Ericson, City Administrator (SEAL) MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 968-12 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL TO ALLOW 64 SQUARE FEET OF COOKING AREA IN SAM'S MARKET AT 2408 COUNTY ROAD I, PLANNING CASE ZR2012-001 WHEREAS, Ahmad Muqbil is the operator of Sam's Market, a neighborhood convenience grocery store at 2408 County Road I, a property zoned B-1, Neighborhood Business and legally described as; Greenfield Plat 2, Except the North 10 feet of Lof 1& Lot 2, Block 3 PIN 08-30-23-21-0047 WHEREAS, in addition to the permitted uses listed in the B-1 Zoning Code, the Code states: The City 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 orhazardous. The City Council shall review uses that are not clearly similar to those listed in this section for a determination of compatibility. WHEREAS, the Planning Commission has reviewed the proposal to add a cooking area to be able to sell hot foods inside the convenience grocery store, and; WHEREAS, the cooking area shall be limited to a maximum of 64 square feet, and no more than two tables and eight chairs for customers may be placed inside the market, and; NOW, THEREFORE, BE IT RESOLVED, the Mounds View Planning Commission concurs that a 64 square foot accessory cooking area in Sam's Market would be a compatible accessory use in the neighborhood grocery store at 2408 County Road I. BE IT FINALLY RESOLVED that the Mounds View Planning Commission directs staff to forward this resolution to the City Council prior to approval of the minutes. Adopted this 15� day of August, 2012. , �u � v`-e�� Gary Stev nson, Chairperson ATTEST: ;, . ,:.._._ , � �;.._. .` , �_ � James Ericson, City Administrator (SEAL) MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 969-12 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF A CONDITIONAL USE PERMIT TO ALLOW A TIRE AND MINOR AUTO REPAIR STORE AT 2832 COUNTY ROAD 10; PLANNING CASE NO CU2012-001 WHEREAS, Naoufel Soussi with Tires N' More, has applied for a conditional use permit to operate a tire and minor auto repair store at 2832 County Road 10; and, WHEREAS, the subject property is zoned B-3, Highway Business, and is legally described as follows: Lot 1, Block 1, Velmeir CVS Addition, Ramsey Counfy, Minnesota PIN 06-30-23-34-0086 and 06-30-23-34-0089 WHEREAS, the Mounds View Zoning Code conditionally allows minor auto repair and tire and battery stores and services in B-3 and higher zoning districts; and, WHEREAS, the Planning Commission has reviewed the following documents regarding this proposal: 1. Site Plan 2. Zoning Map 3. 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 tire and minor auto repair store meets the requirements as outlined in Chapters 1114 and 1125 of the Zoning Code. 2. The request is consistent with the Mounds View Comprehensive Plan in that the tire and minor auto repair store use is consistent with the Community Commercial land use designations for this area. 3. The proposed tire and minor auto repair store would not be out of place given it is located on County Road 10, which is the main commercial corridor in the City. 4. The proposed tire and minor auto repair store is located on County Road 10, adjacent to several other commercial businesses, and should not depreciate the neighboring properties. 5. The appiicant has sufficiently demonstrated that a need exists. Resolution 969-12 Page 2 NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission recommends approval of the conditional use permit for the tire and minor auto repair store, with conditions as fo�lows: 1. The applicant must install a parking lot with the minimum required number of parking spaces and curbing. The parking lot installation may be done in phases, but must be completed by September 1, 2013. If required, a permit from Rice Creek Watershed District must be approved before the City will issue a permit for the parking lot construction. 2. The applicant must install a privacy fence along the west side of the property to provide screening for the adjacent residentially zoned properties. The fence must be installed by September 1, 2013. 3. The applicant must received a satisfactory inspection report and comply with ali orders from the Mounds View Fire Marshal. 4. This Conditional Use Permit may be reviewed by the Planning Commission and City Council if any problems develop or if there are any changes to the operation deemed substantial enough to warrant such a review, in the estimation of the Community Development Director or the City Council. 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 conditions agreed upon herein are observed. 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 15�h day of August 2012. .�.—���S�J�n��� - -'-de✓ Gary Meehlhause, Vice Chair ATTEST: , ; _ -���-� � �� �, ,:�_ _.� Jim Ericson, City Administrator (SEAL) MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 971-12 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION OF THE CITY OF MOUNDS VIEW PLANNING COMMISSION FINDING THAT A MODIFICATION TO THE PROJECT PLAN FOR THE MOUNDS VIEW ECONOMIC DEVELOPMENT PROJECT AND MODIFICATIONS TO THE TAX INCREMENT FINANCING PLANS FOR TAX INCREMENT FINANCING DISTRICTS NOS. 1, 2, AND 3 CONFORM TO THE GENERAL PLANS FOR THE DEVELOPMENT AND REDEVELOPMENT OF THE CITY. WHEREAS, the Mounds View Economic Development Authority and the City of Mounds View have proposed to adopt a Modification to the Project Plan for the Mounds View Economic Development Project (the "Project Plan Modification") and Modifications to the Tax Increment Financing Plans for Tax Increment Financing Districts Nos. 1, 2 and 3 (the "TIF Plan Modifications") therein (the Project Plan Modification and the TIF Plan Modifications are referred to collectively herein as the "Modifications") and have submitted the Modifications to the City Planning Commission (the "Commission") pursuant to Minnesota Statutes, Section 469.027 and 469.126, and WHEREAS, the TIF Plan Modifications are being completed to authorize the City and the Economic Development Authority to acquire parcels within the Mounds View Economic Development Project area. WHEREAS, the Commission has reviewed the Modifications to determine their conformity with the general plans for the development and redevelopment of the City as described in the comprehensive plan for the City. NOW, THEREFORE, BE IT RESOLVED by the Commission that the Modifications conform to the general plans for the development and redevelopment of the City as a whole. Adopted this 3'd day of October, 2012. L„ „ __ /� � Gary Steve on, Chair ATTEST: (SEAL) , �r,'. '�, u ;._,\ �_� ! -� �:�,� y;i. � James Ericson, City Administrator MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 972-12 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A VARIANCE FOR A DRIVEWAY WITH A THREE- FOOT SETBACK AT 8155 RED OAK DRIVE; PLANNING CASE VR2012-005 WHEREAS, the applicant, Ryan Meyer, JRM Estates, Inc., property owner of 8155 Red Oak Drive, has applied for a variance to allow the driveway to have a three- foot setback; and, WHEREAS, 8155 Red Oak Drive is zoned R-1, Singie Family Residential, and is legally described as follows: That part of the Northeast Quarter of Section 6, Township 30 North, Range 23 West of the Fourth Principal Meridian, described as follows: Beginning at a point 528 feet East of the West line and 405 feet North of the South line of said Northeast Quarter; thence North parallel with the West line of said Northeast Quarter a distance of 51 feet; thence East parallel with the South line of said Northeast Quarter a distance of 528 feet; thence South parallel with the West line of said Northeast Quarter a distance of 51 feet; thence West parallel with the South line of said Northeast Quarter a distance of 528 feet to the point of beginning, EXCEPT the following described tract of land, to-wit: The East 250 feet of the following: The North 51 feet of the South 456 feet of the East 528 feet of the West 1,056 feet of the Northeast Quarter of Section 6, Township 30, Range 23, Ramsey County, Minnesota PIN 06-30-23-13-0018 WHEREAS, the Mounds View Planning Commission has reviewed the following documents regarding this proposal: 1. Zoning Map 2. Aerial View 3. Site Plan 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, ResoluPi�n 972-i2 Pac�e 2 WHEREAS, the Planning Commission held a duly-noticed public hearing regarding this request on October 3, 2012; 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 practical difficulty with regard to the property located at 8155 Red Oak Drive, and makes the following findings of fact related to its decision: 1. The general intent of the Zoning Code regarding setbacks is to create physical separation between driveways for aesthetics and a sense of privacy for the property owners. The requested setback is the same that has existed for many years. 2. The variance is consistent with the Comprehensive Plan in that the applicant is improving the property. 3. The applicant is requesting this variance because of the narrow lot width, and because the driveway lines up with the existing curb cut apron and leads to the existing garage that is going to remain in place. 4. The unique feature of this property is that it is only 51 feet wide. The City Code requires a minimum width of 75 feet. There are very few properties in the city that are not at least 75 feet wide. 5. The driveway has been in the same location with a less than five foot setback for many years, so there will be no change to the existing character of the neighborhood. 6. The two-foot variance is the minimum variance required to alleviate the applicanYs practical difficulty since that is what the zoning code requires for driveway setbacks. 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. Resvlu6on 972-12 Page 3 NOW, THEREFORE, BE IT FINALLY RESOLVED, the Mounds View Planning Commission, based upon the above findings, approves the variance request of Ryan Meyer, JRM Estates, Inc., property owner of 8155 Red Oak Drive, to allow a driveway to have a three-foot setback, subject to the following: 1. The applicant must receive a zoning permit if the driveway is reconstructed. Adopted this 3`d day of October, 2012. ATTEST: (SEAL) � ' ✓�'/��L/% � --------- _ �i � Gary Stev son, Chair � , �_ ; , �,,��,�:��� _ _ ,� J�(,)%t__- James Ericson, City Administrator MOUNDS VIEW PLANNING COMMISSION RESOLUTION 973-12 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF AN AMENDMENT TO THE O'NEIL PROPERTY PLANNED UNIT DEVELOPMENT TO REDUCE THE HIGHWAY 10 SETBACK TO 20 FEET AT 2442 HIGHWAY 10; MOUNDS VIEW PLANNING CASE PA2012-001 WHEREAS, the Mounds View City Council approved the 26-acre O'Neil Property Planned Unit Development (PUD) in May 1998 for the development of a movie theater, retail, restaurant, office and parking uses; and, WHEREAS, the O'Neil Property PUD currently requires a minimum 30 foot setback from Highway 10 for buildings and parking areas; and, as: WHEREAS, the property located at 2442 Highway 10, is legally described Lot 1, Block 2, Anthony Properties Addition PIN 08-30-23-23-0007 WHEREAS, the applicant and property owner wish to amend the PUD by reducing the Highway 10 required setback to 20 feet for the property at 2442 Highway 10 (Parcel A); 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 property at 2442 Highway 10 is zoned Planned Unit Development (PUD). 2. The building at 2442 Highway 10 has been vacant for much of its existence, and as such, a potential tenant has requested an amendment to the PUD to allow a reduced Highway 10 setback in order to make the interior of the building work better for their needs. 3. The Existing and Future Land Use Maps from the City's Comprehensive Plan designates this PUD area as Regional Commercial. ( Resc�lt,ition �7�-12 I';�r�(, 7 4. The building at 2442 Highway 10 is within the City's primary commercial corridor and as such, vacant buildings are not desirable. 5. The property at 2442 Highway 10 consists of a two-story office building on approximately three acres that is surrounded by, retail, commercial and multi-family 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 O'Neil Property Planned Unit Development (PUD) Agreement be amended to reduce the Highway 10 setback requirement for the property at 2442 Highway 10 (Parcel A) to 20 feet; 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 7�h day of November, 2012. ATTEST: (SEAL) � ,� Gary , C-, �._ �G1-��;. v� G-'���'�V�. James Ericson, City Administrator MOUNDS VIEW PLANNING COMMISSION RESOLUTION 974-12 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION ESTABLISHING THE 2013 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 2013; 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 2013. 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 5�h day of December, 2012 , ` �. , , _ Gary Steve,nson, Chairperson ATTEST �� � �_ ,�"`-�---�°�' James Ericson, City Administrator (SEAL) � EXHIBIT 1. 2013 MEETING SCHEDULE MOUNDS VIEW PLANNING AND ZONING COMMISSION January 2 February 6 March 6 April 3 May 1 June 5 January 16 February 20 March 20 April 17 May 15 June 19 July 10 (2"d Wednesday) July 24 (4th Wednesday) August 7 August 21 September 4 October 2 November 6 December 4 ( September 18 October 16 November 20 December 18