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Home My WebLink About975-13 TO 996-13MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 975-13 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A VARIANCE FOR A SECOND DRIVEWAY TO REMAIN AT 7900 GREENFIELD AVENUE; PLANNING CASE VR2013-001 WHEREAS, the applicants, Colvert and Theresa People, property owners of 7900 Greenfield Avenue, have applied for a variance to allow the existing second driveway to remain indefinitely; and, WHEREAS, 7900 Greenfield Avenue is zoned R-1, Single Family Residential, and is legally described as follows: Pinewood Terrace No. 5, Lot 11, Block 15, Ramsey County, Minnesota PIN 05-30-23-31-0051 WHEREAS, the Mounds View Planning Commission has reviewed the following documents regarding this proposal: 1. Zoning Map 2. Aerial View 3. Statement from Applicant 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 March 20, 2013; 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 7900 Greenfield Avenue, and makes the following findings of fact related to its decision: Resolution 375-1.:� F'age 7 The general intent of the Zoning Code regarding a limit on the amount of driveways and curb cuts is for aesthetics and for safety by reducing the number of vehicle entry points onto a street. 2. The variance could be consistent with the Comprehensive Plan in that keeping the second driveway allows the property to better fit the home owners physical needs. 3. The applicants are requesting this variance because the second driveway has existed for many years and one of the property owners has mobility difficulties and uses this second driveway regularly since it is much closer to the house than the garage. 4. The unique feature of this property is that a variance was approved for this second driveway to be installed initially for the previous owner's health reasons, but had the unusual condition of a time limit. The current residents want to keep the second driveway for their health and mobility difficulties. 5. The second driveway has been in the same location for many years, so there will be no change to the existing character of the neighborhood. 6. The variance to allow the second driveway is the minimum variance required since that is what currently exists. 7. The P�anning 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 Colvert and Theresa People, property owners of 7900 Greenfield Avenue, to allow the second driveway to remain indefinitely. Adopted this 20th day of March, 2013. � ' ~,—e... e� % !/ Gary Stevenson, Chair ATTEST: � � �a �vv�.e�� -��'� James Ericson, City Administrator (SEAL) MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 976-13 CITY OF MOUNDS VIEW RAMSEY COUNTY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF A CONDITIONAL USE PERMIT TO ALLOW OUTDOOR SALES AND DISPLAYS AT 2701 COUNTY ROAD 10 FOR NORTHWOOD INDUSTRIES; PLANNING CASE CU2013-001 WHEREAS, Clair Martin with Northwood Industries, has applied for a conditional use permit for outdoor sales and displays at 2701 County Road 10; and, WHEREAS, the subject property, located at 2701 County Road 10, is zoned B-3, Highway Business, and legally described as follows: Subject to Highway Easements, Except the Northeasterly 150 feet of Lot 106 and Loi 107, Spring Lake Park Hill View, Ramsey County, Minnesota PIN 06-30-23-43-0028 WHEREAS, the Mounds View Zoning Code conditionally allows outdoor sales in B-3 zoning districts; and, WHEREAS, the Planning Commission has reviewed the following documents about this proposal: 1. Staff Report 2. Zoning Map 3. Photographic documentation 4. Site Plan NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission makes the following findings of fact related to the conditional use permit request: 1. The proposed outdoor sales 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 outdoor sales would be a type of land use that is consistent with the "commercial" land use designation for the subject property. 3. The outdoor sales would not be out of place given the existing commercial character of the surrounding area. Resolution 976-13 Page 2 4. The proposed outdoor sales should not depreciate the neighboring properties. 5. The property and/or business owner must always keep a minimum six-foot tall privacy fence along the northeast property line to provide screening for the adjacent residentially zoned properties. 6. 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 outdoor sales and displays, with conditions as follows: 1. The outdoor sales and display area is limited to a maximum of 1,363 square feet in the parking lot. 2. All outdoor sales and displays must always be placed on a hard surface. 3. This Conditional Use Permit may be reviewed by the 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� day of May, 2013. _��S� � Gary Stevenso , Chair ATTEST: ,_ �CiMA-f.� ��-"�� James Ericson, City Administrator MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 977-13 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF A CONDITIONAL USE PERMIT TO ALLOW AN AUTO REPAIR STORE AT 2975 COUNTY ROAD 10; PLANNING CASE NO CU2013-002 WHEREAS, Jacob Marrs with North Metro Motors, has applied for a conditional use permit to operate an auto repair store at 2975 County Road 10; and, WHEREAS, the subject property is zoned B-3, Highway Business, and is legally described as follows: 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 Zoning Code conditionally allows auto repair stores in B-3 and higher zoning districts; and, WHEREAS, the Planning Commission has reviewed the following documents regarding this proposal: 1. Comprehensive 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 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 auto repair store use is consistent with the Neighborhood Commercial land use designations for this area. 3. The proposed 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. Resolution 977-13 Page 2 4. The proposed auto repair store is located on County Road 10, the City's commercial corridor. The property has been auto-related uses since 1959, and 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 auto repair store at 2975 County Road 10, with conditions as follows: 1. Hours of operation shall not exceed 7am to 8pm Monday through Friday, and 9am to 3pm on Saturdays and Sundays. 2. The property and/or business owner must always keep and maintain a minimum six-foot tall privacy fence along the west and north sides of the property to provide screening for the adjacent residentially zoned properties. 3. Service of vehicles shall only be pertormed inside the building. 4. No automotive bodywork or painting is allowed. 5. All motorized or power equipment, such as generators, air compressors and the like, shall be installed, stored, utilized and operated inside the bui�ding. 6. Service and overhead doors should be kept closed in order to minimize noise nuisances to the neighborhood. 7. No vehicle sales are allowed on the property. 8. A maximum of ten (10) vehicles are allowed to be parked overnight on the site. 9. There shall be no outside storage allowed without the prior approval of an amendment to this conditional use permit. 10. No vehicles or trailers shall be parked on unimproved surFace on the property at any time. 11.This Conditional Use Permit may be reviewed by the 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. Resolution 977-13 Page 3 NOW THEREFORE, BE IT RESOLVED that all other Conditional Use Permits on file with this property pertaining to previous uses shall hereby be revoked, rescinded and considered null and void because the provisions pertaining to those uses are longer being observed. 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 1S� day of May 2013. — c Gary Steve son, Chair ATTEST: (SEAL) � � �� James Ericson, City Administrator MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 978-13 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF AMENDMENTS TO THE CITY CODE TITLE 1100 REGULATING THE USE OF CARGO CONTAINERS IN THE CITY; SPECIAL PLANNWG CASE 186-13 WHEREAS, the use of cargo containers for accessory buildings, sheds, storage, and other purposes has increased within the City causing in some instances a blight; and, WHEREAS, cargo containers due to their size and industrial appearance, are not appropriate for use as permanent accessory buildings or storage sheds in residential districts; and, WHEREAS, in order to protect the health, safety and welfare of its residents, the City proposes to regulate and provide for the use of such cargo containers; and, WHEREAS, City Staff has recommended that definitions and regulations for cargo containers be added to the City Code; and, WHEREAS, the Planning Commission agrees with the City Staff recommendation to add definitions and regulations for cargo containers; and, WHEREAS, City staff has amended Chapter 1102 of the Mounds View Zoning Code by deleting the �.,:;:�::�^ language and adding the underlined text as follows: 1102.02: DEFINITIONS: The following words and terms, wherever they occur in this Code, shall be defined as follows: Subd. 14. CARGO CONTAINER: An article of transport equipment which falls into anV of the followinq cateqories: a. Oriqinally specificallv or formerly desiqned for or used in the parkinq, shippinq movement transportation or storaqe of freiqht articles qoods or commodities; and/or, b. Desiqned for or capable of beinq (1) mounted or moved on a rail car, or (2) mounted on a chassis or boqie for movement bv a truck trailer or (3) loaded on to a ship and/or F2esolutiun 978-'13 Pa�e 2 c. A prefabricated metal structure desiqned for use as an individual shippinq container or a metal structure desiqned and built for use as an enclosed truck trailer. Subd. 97. PERMANENT� Means a period of time that exceeds six (6) months. Subd.121.TEMPORARY� Means a period of time that does not exceed six (6) months. WHEREAS, City staff has amended Chapter 1103 of the Mounds View Zoning Code by deleting the strickef} language and adding the underlined text as follows: CHAPTER1103 GENERAL BUILDING REQUIREMENTS SECTION: 1103.01: Purpose 1103.02: Dwelling Unit Restrictions 1103.03: Platted and Unplatted Property 1103.04: Solar Energy Systems and Structures 1103.05: Wind Generator Systems 1103.06: Accessory Buildings, Uses and Equipment 1103.07: Drainage 1103.08: Fencing, Screening and Landscaping 1103.09: Glare 1103.10: Smoke, Dust and Odors 1103.11: Noise 1103.12: Refuse 1103.13: Storage of Equipment and Materials 1103.14: Liquid or Solid Wastes 1103.15: Toxic or Noxious Matter 1103.16: Explosives 1103.17: Underground Storage Tanks 1103.18: Satellite Dish Antennas 1103.19: Carqo Containers Resolufion 9I8-93 Pa�c: � 1103.19 CARGO CONTAINERS Subd. 1. Permitted Locations and Prohibitions: Carqo containers maV not be placed stored or used permanentiv on anv �ropertV zoned for residential use Carqo containers with alterations such as cosmetic or structural chanqes done in order for the container to appear more like a typical accessorV buildinq are not allowed permanentiv on residential propertv. Carqo containers maY be placed stored or used for temporary storaqe on propertV zoned for residential use Each residential propertv mav use onlv one carqo container at a time. Subd 2 The followinq standards shall applv to all carqo containers: a. Carqo Containers shall not be stacked on one another. b. Cargo containers shall not be used for human habitation or commercial purposes and shall not be provided with refriqeration heatinq electricitv or plumbinq. c. Refuse and debris shall not be stored in aqainst on or under the carqo container. d. The carqo container may not occupV anv required off-street parkinq spaces or loadinq/unloadinq areas or fire lanes in anv district. e. The carqo container shall not block obstruct or reduce in anV manner anv required exits windows vent shafts parkinq spaces and/or access drivewavs. f. The carqo container shall be placed on an asphalt or concrete surface and be located a minimum of fifteen (15) feet from the edqe of the street. g. The carqo container shall be structurallv sound stable and in qood repair. Any carqo container that becomes unsound unstable or otherwise danqerous shall be immediatelv repaired or removed from the propertv. The City shall provide notice to the owner of the property where the carqo container is located of any condition in violation of this section. After notice to the property owner anv carqo container stored or kept in such a manner deemed a danqerous condition and a public nuisance as determined by the Citv mav be immediately removed bv the CitV Any cost or expense associated with the removal shall be the responsibilitv of the property owner where the carqo container is located. � Resolufioi� 9�f3-13 P, u��= d Subd 3 Current Violations — Time to Comply: Carqo containers located on residential propertv prior to the effective date of this ordinance are considered illeqal All propertV owners within the CitV shall have 6 months from the effective date of this ordinance to brinq the properties which currentiv contain carqo containers that are in violation of the terms of this Chapter into full compliance with the provisions of this Chapter WHEREAS, City staff has amended Chapter 1106 of the Mounds View Zoning Code by deleting the strick�n language and adding the underlined text as follows: 1106.03: ACCESSORY USES: The following are permitted accessory uses in an R-1 District: Subd. 1. Accessorv Buildinqs� A buildinq oriqinallv constructed for use as an accessory buildinq for the storaqe of materials and equipment accessorv to a primarv use located on the propertv. Accessory buildings, which for these purposes shall include garages, tool houses, carports, sheds and similar buildings for storage of domestic supply and noncommercial recreational equipment, whether attached or detached. WHEREAS, amending the City Code to add definitions and regulations for cargo containers 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 1102, 1103 and 1106 of the Mounds View City Code to add regulations as defined herein. BE IT FINALLY RESOLVED that the Mounds View Planning Commission directs staff to forward this resolution to the City Council prior to approval of the minutes. Adopted this 1S� day of May, 2013. `//�� Gary Steven , Chairperson ATTEST: (SEAL) cJ C✓�-eJ� CJfWil�r�Y1� James Ericson, City Administrator MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 979-13 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A VARIANCE TO ALLOW A LIVING SPACE ADDITION TO HAVE AN 8-FOOT SIDE YARD SETBACK, AND A 24 FOOT-6 INCH REAR YARD SETBACK AT 8385 GROVELAND COURT; MOUNDS VIEW PLANNING CASE VR2013-002 WHEREAS, property owners, Richard and Laurol Boik, have applied for a variance to allow a house addition to encroach 2 feet into the required 10 foot side yard setback and 5 feet 6 inches into the required 30 foot rear yard setback at 8385 Groveland Court; and, WHEREAS, 8385 Groveland Court is zoned R-1, Single Family Residential, and legally described as follows: Lot 10, Block 1, Groveland Terrace Ramsey County, Minnesota PIN 06-30-23-21-0028 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 May 15, 2013; and, WHEREAS, according to Section 1125.02, Subdivision 2 of the Mounds View Municipal Code, the Planning Commission is to review a standard set of criteria, of which all must be satisfied, in order to grant a variance to the Zoning Code. Res. �i'19-13 � P�age 2 NOW, THEREFORE, BE IT RESOLVED, the Mounds View Planning Commission finds that the criteria as identified in Section 1125.02, Subdivision 2 of the Mounds View Municipal Code are satisfied and finds there to be sufficient practical difficulty with regard to the property located at 8385 Groveland Court, 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 homes for aesthetics and a sense of privacy for the property owners. The requested reduced side yard setback will still give over 30 feet of building separation and the requested reduced rear setback is almost the same as on the existing house. 2. The variance is consistent with the Comprehensive Plan in that the applicant is improving the property and making it more livable for their family. 3. The applicant is requesting this variance because of the shallow lot and angled property lines. 4. The unique feature of this property is that the backyard is only 25 feet deep and the property is narrow in the front with angled side property lines. There are very few properties in the city that have this type of shape or do not have at least a 30 foot rear yard setback. 5. The current house has had a 25 foot rear setback since it was built in 1978, and there is and will continue to be a large side yard separation between the applicanYs house and the adjacent neighbor even with the addition, so there will be no change to the existing character of the neighborhood. 6. The 2-foot side yard variance and 5-foot 6-inch rear yard variance is the minimum variance required to alleviate the applicanYs practical difficulty since that is what the zoning code requires for living space 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. � � f��,..�r�� is P��q<. ; NOW, THEREFORE, BE IT FINALLY RESOLVED, the Mounds View Planning Commission, based upon the above findings, approves the variance request of Richard and Laurol Boik, to allow a living space addition to have an 8-foot north side setback and a 24-foot 6-inch rear yard setback at 8385 Groveland Court 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 be come 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 originai variance. Adopted this 15fh day of May, 2013. ATTEST: (SEAL) l � `z �'G� v�,e��L � � Gary Stevensbn, Chair J �-� `(�Q-�-t-l(�z-. James Ericson, City Administrator MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 980-13 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF A CONDITIONAL USE PERMIT TO ALLOW FOR A 1,232 SQUARE-FOOT GARAGE AT 8478 LONG LAKE ROAD; PLANNING CASE CU2013-003 WHEREAS, property owner Allen Hambleton has applied for a conditional use permit to construct a 1,232 square foot garage; and, WHEREAS, the subject property, located at 8478 Long Lake Road, is zoned R-1, Single Family Residential, and is legally described as follows: Lot 1, Block 1, Balk's Addition, Ramsey County, Minnesota P I N: 06-30-23-12-0124 WHEREAS, the Mounds View Zoning Code conditionally allows garages in excess of 952 square feet in area with a maximum accessory building area not to exceed 1,800 square feet; and, WHEREAS, the proposed garage would be 1,232 square feet, thus requiring City approval of a conditional use permit; and, WHEREAS, the 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 NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission makes the following findings of fact related to the conditional use permit request: 1. The proposed oversized 1,232 square foot garage satisfies the zoning requirements as outlined in Chapters 1104 and 1106 the Zoning Code. F:evoli ilion 9�30 � 1.3 � I'age 2 2. The request is consistent with the Mounds View Comprehensive Plan in that the Comprehensive Plan encourages the development and maintenance of residential areas to improve the quality, appearance and attractiveness of housing units and residential property in general. 3. The proposed garage would not be out of place given the character and geography of the surrounding area involved. 4. The proposed garage would not depreciate the neighborhood. 5. The applicant has sufficiently demonstrated that a need exists for the proposed oversized garage. NOW, THEREFORE, BE IT FURTHER RESOLVED that the Mounds View Planning Commission recommends approval of the conditional use permit for the 1,232 square foot garage, with conditions as follows: 1. The garage shall not be used for commercial purposes, living space or other uses not allowed within the R-1 Single-Family Residential district or by the Zoning Code. Should the use change for which the permit was granted; the conditional use permit shal� be considered null and void. 2. The new garage shall have the same roof and siding colors as the existing house and garage, and shall have a similar roof pitch to the existing garage. 3. A minimum of a 6 foot tall privacy fence must be installed and maintained along the west property line in order to screen the garage from the view of the adjacent neighbors. The fence must be installed within 6 months of the final garage inspection date, and must remain in place as long as the second garage exists. 4. A driveway that accesses the new oversize garage and connects to the existing driveway must be installed within 6 months of the final garage inspection date. 5. The Conditional Use Permit (CUP) shall become null and void if the work for which the CUP was granted is not completed within one year from the date of approval unless a petition for extension of time in which to complete the work has been granted by the City Council. Resolii[ior� 4)ti0. 13 Pagt; 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 15�h day of May, 2013. ATTEST: (SEAL) � k/ ` —_ < Gary St✓venson, Chair Jc��ti James Ericson, City Administrator MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 981-13 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 15� Addition, Lot 7, Block 1, Ramsey County, Minnesota PIN 08-30-23-14-0007 WHEREAS, the Planning Commission approved Resolution 939-11, approving the variance on June 1, 2011, and approved a one-year extension on June 6, 2012, 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 another 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 51h day of June, 2013. �/J� -��J/ �� 9.�__ _ ATTEST: (SEAL) Gary Steven"son, Chair �� `c;�2.w�-��— James Ericson, City Administrator MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 982-13 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 1S� 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 approved Resolution 966-12 on June 6, 2012, allowing a one-year extension, 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 al�owed timeframe and has requested another 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 5�h day of June, 2013. ` C'' ATTEST: (SEAL) Gary Stevenso'n, Chair �J �2-2�a C��ti_ James Ericson, City Administrator MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 983-13 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 15fAddition, 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 approved Resolution 967-12 on June 6, 2012, allowing a one-year extension, 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 c�riveways. Adopted this 5t" day of June, 2013. - ��% ��`� Gary Stevensdn, Chair ATTEST: `� �� C�`�" J� James Ericson, City Administrator (SEAL) MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 984-13 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A VARIANCE FOR A 6.5-FOOT VARIANCE FOR THE FRONT SETBACK OF A NEW HOUSE AT 7313 SPRING LAKE ROAD; PLANNING CASE VR2012-005 4`VF;�i2[A�, the appGcart, Ron Sa^tanni of Santanni Custom Homes, property owner of 7313 Spring Lake Road, has applied for a variance to allow a new house to have a 30.5-foot front setback, 6.5 feet less than the prevailing front setback on Spring Lake Road;and, WHEREAS, 7313 Spring Lake Road is zoned R-1, Single Family Residential, and is legally described as follows: That part of Lot 90, SPRING LAKE PARK KNOLLS, Ramsey County, Minnesota which lies southerly of the north 202.50 feet thereof. PIN 07-30-23-23-0039 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. Siafr 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 19, 2013; and, � Resolution 9H4-13 Paye 2 WHEREAS, according to Section 1125.02, Subdivision 2 of the Mounds View Municipal Code, the Planning Commission is to review a standard set of criteria, of which all must be satisfied, in order to grant a variance to the Zoning Code. NOW, THEREFORE, BE IT RESOLVED, the Mounds View Planning Commission finds that the criteria as identified in Section 1125.02, Subdivision 2 of the Mounds View Municipal Code are satisfied and finds there to be sufficient practical difficulty with regard to the property located at 7313 Spring Lake Road, and makes the following findings of fact related ta its decision: 1. The general intent of the Zoning Code regarding setbacks is to create physical separation between homes for aesthetics and a sense of privacy for the property owners. The requested setback is not exceeding the minimum amount that the City Code requires. 2. The variance is consistent with the Comprehensive Plan in that the applicant is improving the property and adding new housing to the city. 3. The applicant is requesting this variance because of the large front setbacks on both Spring Lake Road and County Road H2. 4. The unique feature of this property is that it is a corner lot so both prevailing front setbacks must be met, but both streets have large setbacks making it difficult for a house to meet both the front and rear setback. 5. The setbacks on all the homes in the area vary, so there will be no change to the existing neighborhood character from this house having a different front setback. 6. The 6.5-foot variance is the minimum variance required to alleviate the applicanYs practical difficulty since for this property the zoning code requires the prevailing front setback on the block, which is 37 feet. 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. 1 (,'esotution �JBst-1 ; I'agc 3 NOW, THEREFORE, BE IT FINALLY RESOLVED, the Mounds View Planning Commission, based upon the above findings, approves the variance request of Ron Santanni, Santanni Custom Homes, property owner of 7313 Spring Lake Road, to allow a new house to have a 30.5-foot front setback. Adopted this 19�" day of June, 2013. ATTEST: } `: (SEAL) � '; , ,;; ��_� , � � n�n_ " Lok.�. (�.��-�C1 '° Paul Schiltgen, Vice Cha� �_, � cwti-.�� —�-t�t L� James Ericson, City Administrator L� MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 985-13 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF A CONDITIONAL USE PERMIT TO ALLOW FOR A 1,140 SQUARE-FOOT GARAGE AT 2917 COUNTY ROAD H2; PLANNING CASE MU2013-001-CU-1 WHEREAS, property owner Peter Mclntyre has applied for a conditional use permit to expand the existing detached garage to 1,140 square foot garage; and, WHEREAS, the subject property, located at 2917 County Road H2, is zoned R-1, Single Family Residential, and is legally described as follows: Lot 93, Spring Lake Park Knolls Addition, Ramsey County, Minnesota PIN: 06-30-23-12-0124 WHEREAS, the Mounds View Zoning Code conditionally allows garages in excess of 952 square feet in area with a maximum accessory building area not to exceed 1,800 square feet; and, WHEREAS, the proposed garage would be 1,140 square feet, thus requiring City approval of a conditional use permit; and, WHEREAS, the Planning Commission held a duly-noticed public hearing regarding this request on August 7, 2013; and, WHEREAS, the Planning Commission has reviewed the following documents regarding this proposal: a. Zoning Map b. Aerial View c. Site plan d. Photographic documentation e. Staff Report Resolution E385-13 P�ic�e 2 NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission makes the following findings of fact related to the conditional use permit request: 1. The proposed oversized 1,140 square foot garage satisfies the zoning requirements as outlined in Chapters 1104 and 1106 the Zoning Code. 2. The request is consistent with the Mounds View Comprehensive Plan in that the Comprehensive Plan encourages the development and maintenance of residential areas to improve the quality, appearance and attractiveness of housing units and residential property in general. 3. The proposed garage would not be out of place given the character and geography of the surrounding area involved. 4. The proposed garage would not depreciate the neighborhood. 5. The applicant has sufficiently demonstrated that a need exists for the proposed oversized garage. NOW, THEREFORE, BE IT FURTHER RESOLVED that the Mounds View Planning Commission recommends approval of the conditional use permit for the 1,140 square foot garage, with conditions as follows: 1. The garage shall not be used for commercial purposes, living space or other uses not allowed within the R-1 Single-Family Residential district or by the Zoning Code. Should the use change for which the permit was granted; the conditional use permit shall be considered null and void. 2. The expanded garage area shall be designed and maintained to provide a uniform appearance with the existing garage. 3. The Conditional Use Permit (CUP) shall become null and void if the work for which the CUP was granted is not completed within one year from the date of approval unless a petition for extension of time in which to complete the work has been granted by the City Council. (��seliiiinri'.11i!; I�.; �'r�ur. . , 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 7t" day of August, 2013. ,� �, s.�-Q-e �`� Paul Schiltgen, Vice Chair ATTEST: \ 4c,w� � `�� '�� James Ericson, City Administrator (SEAL) MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 986-13 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF AMENDMENTS TO THE CITY CODE TITLE 1100 FOR RENEWABLE ENERGY SYSTEMS; SPECIAL PLANNING CASE 188-13 WHEREAS, the City of Mounds View promotes safe, effective and efficient use of alternative energy sources and systems as the technology becomes available; and, WHEREAS, City Staff has recommended that a new renewable energy ordinance be added to the City Code and the old language removed; and, WHEREAS, the Planning Commission agrees with the City StafF recommendation to encourage renewable energy systems that have a positive impact in energy conservation, with limited adverse impact on the community; and, WHEREAS, City staff has amended Chapter 1103.04 and 1103.05 of the Mounds View Zoning Code by deleting the s#+ckei� language text as follows: F�r. .tir��-r.i �..�y.�y7a��ca�r��r��.�ai.z��irr.i rn� Resolution 986-13 Page 2 , _ ' - - - . . . „ � � „ _ `- - ��• - .�nT . ■ - - � - - .� ..� �, �`� � . .- - - - - -- - � �7�I.T.tr�il7a. . _ � ' ' _ ' ' � � � � ' _ ' ' •� ' ' � ' ' ' ' _ �� _ • _ ♦ •! �� . � Resolution 9II6-13 Page 3 WHEREAS, City staff has added Chapter 1128 of the Mounds View Zoning Code by deleting the °��,=ti.ti^� language and adding the underlined text as follows: CHAPTER1128 RENEWABLE ENERGY SYSTEMS 1128.01: PURPOSE: The purpose of this chapter is to promote safe, effective and efficient use of aiternative energy sources and systems as the technoloqv becomes available. The intent is also to establish standards and procedures by which the installation and operation of these renewable enerpv svstems shall be qoverned within the Citv• 1128.02: DEFINITIONS: When used in this Chapter, the followinq words and phrases shall have the meaninqs ascribed to them in this Section, except where the context clearly indicates a different meaninq_ ACTIVE SOLAR ENERGY SYSTEM: A solar enerqy system whose primarv purpose is to harvest enerqy by transforminq solar enerqv into another form of enerqv or transferrinq heat from a collector to another medium usinq mechanical, electrical, or chemical means. BUILDING-INTEGRATED SOLAR SYSTEM: An active solar svstem that is an inteqral part of a principal or accessorv buildinq, rather than a separate mechanical device, replacinq or substitutinq for an architectural or structural component of the buildinq. Buildinp-inteqrated svstems include, but are not limited to, qhotovoltaic or hot water solar systems that are contained within roofinq materials windows skvliqhts and awninqs. CLOSED LOOP GROUND SOURCE HEAT PUMP SYSTEM: A svstem that circulates a heat transfer fluid, typicaliv food-qrade antifreeze, throuqh pipes or coils buried beneath the land surface or anchored to the bottom in a bodv of water. FEEDER LINE: Anv power line that carries electrical power from one or more wind turbines or individual transformers associated with an individual wind turbine to the point of interconnection with the electric power qrid. In the case of interconnection with the hiqh voltaqe transmission systems the point of interconnection shall be the substation servinp the WECS. Resolution 986-13 Page 4 GEOTHERMAL ENERGY: Renewable enerqv qenerated from the interior of the earth and used to produce enerqy for heatinq buildinqs or servinq buildinq commercial or industrial processes. GROUND MOUNTED PANELS: Freestandinq solar panels mounted to the qround bv use of stabilizers or similar apqaratus. GROUND MOUNTED WECS: Freestandinq WECS mounted to the qround with footinqs or other apparatus. GROUND SOURCE HEAT PUMP SYSTEM (GSHPS): A system that uses the relatively constant temperature of the earth or a body of water to provide heatinq in the winter and coolinq in the summer. System components include closed loops of pipe coils or plates; a fluid that absorbs and transfers heat; and a heat pump unit that processes heat for use or disperses heat for coolinq; and an air distribution svstem. The energy must be used on-site. HEAT TRANSFER FLUID: A non-toxic and food qrade fluid such as potable water aqueous solutions of propylene qlycol not to exceed twenty percent (20%) by weiqht or �ueous solutions of potassium acetate not to exceed twentv percent (20%) by weiqht. PHOTOVOLTAIC SYSTEM: An active solar enerqv svstem that converts solar enerqv directly into electricitv. RENEWABLE ENERGY SYSTEM: A solar enerqv or wind enerqy system. Renewable enerqy systems do not include passive svstems that serve a dual function such as a qreenhouse or window. ROOF OR BUILDING MOUNTED SES: Solar energv svstem (panels) that are mounted to the roof or buildinq usinq brackets stands or other apparatus. ROOF PITCH: The final exterior slope of a buildinq roof calculated by the rise over the run, typically, but not exclusivelv expressed in twelfths such as 3/12 9/12 12/12. SOLAR ACCESS: A view of the sun, from anv point on the collector surtace that is not obscured by any veaetation, buildinq. or obiect located on parcels of land other than the parcel upon which the solar collector is located. between the hours of 9:00 AM and 3:00 PM Standard Time on any dav of the year. SOLAR COLLECTOR: A device, structure or a part of a device or structure for which the primarv purpose is to transform solar radiant enerqv into thermal, mechanical. chemical, or electrical enerqv. Resolution 9t36-13 Page 5 SOLAR COLLECTOR SURFACE: Anv part of a solar collector that absorbs solar enerqv for use in the collector's energy transformation process. Collector surface does not include frames. supports and mountinq hardware. SOLAR ENERGY: Radiant eneray received from the sun that can be collected in the form of heat or liqht by a solar collector. SOLAR ENERGY EASEMENT: An easement that limits the heiqht or location or both, of permissible development on the burdened land in terms of a structure or veqetation or both, for the purpose of providinq access for the benefited land to wind or sunliqht �assinq over the burdened land. SOLAR ENERGY SYSTEM (SES): An active solar enerqv svstem that collects or stores solar enerqv and transforms solar energy into another form of enerqy or transfers heat from a collector to another medium usinq mechanical electrical or chemical means. SOLAR HOT WATER SYSTEM: A system that includes a solar collector and a heat exchanqer that heats or preheats water for buildinq heating systems or other hot water needs, includinq residential domestic hot water and hot water for commercial purposes. SOLAR MOUNTING DEVICES: Rackinq frames, or other devices that allow the mountinq of a solar collector onto a roof surface or the rq ound. WECS: A Wind Enerqv Conversion Svstem which is an electrical generatinq facilitv comprised of one or more wind turbines and accessory facilities includin4 but not limited to, power lines, transformers, substations and metroloqical towers that operate bv convertinq the kinetic enerqv of wind into electrical enerqy. The enerqv must be used on-site with excess eneray distributed into the electrical qrid. WECS, Larqe: A Wind Enerqv Conversion System with a capacitv over 100 kW. WECS, Small: A Wind Energy Conversion Svstem with a capacity of up to 100 kW. WIND ENERGY SYSTEM: Kinetic energy present in wind motion that can be converted into electrical enerqv. � Resolution 9II6-13 Page 6 1128.03: SOLAR ENERGY SOURCES AND SYSTEMS Subd. 1. Districts: Solar enerpv svstems (SES) shall be allowed as an accessory use in all zoninq districts. Subd. 2. General Standards: a. Heiqht: 1. Roof or buildinq mounted SES in residential districts shall extend no more than three (3) feet above the hiqhest surface of the roof and shali be setback at least one (1) foot from the exterior perimeter. 2. Roof or buildinq mounted SES in commercial or industrial districts shall not exceed the maximum allowed heiaht in that zoning district. For purposes for heiqht measurement, solar svstems other than buildinq- inteqrated solar svstems shall be considered to be mechanical equipment and are restricted consistent with other buildinq-mounted mechanical devices. 3. Ground mounted SES shall not exceed the heiqht of an allowed accessorv structure within the zoninq district when oriented at maximum tilt. b. Placement: 1. Ground mounted SES shall be treated as accessorv buildinqs for the purpose of maximum heiqht, maximum lot area coveraqe location and setback requirements. 2. Ground mounted SES shall be screened from view to the extent possible without reducing their efficiency. Screeninq mav include walls, fences or landscaping, c. Notification. Prior to the installation of a SES. the operator must provide evidence showinp their regular electrical service provider has been informed of the customer's intent to install an interconnected, customer-owned SES. Off-qrid svstems shall be exempt from this requirement. d. Feeder lines. Any lines accompanvinq a SES other than those attached to on-site structures bv leads, shall be buried within the interior of the subject parcel, unless there are existinq lines in the area which the lines accompanyinq an SES can be attached. Resolution 986-13 Page 7 e. Commercial. All SES shall be limited to the purpose of on-site enerqy production, except that anv additional enerqv produced above the total onsite demand mav be sold to the operator's reqular electrical service provider in accordance with any aqreement provided bv the same or applicable leqislation. f. Restrictions on SES Limited. No homeowners' agreement covenant common interest community or other contract between multiple propertv owners within a subdivision of Mounds View shall restrict or limit solar systems to a qreat extent that Mounds View's renewable enerqv ordinance g. Mounds View encourages solar access to be protected in all new subdivisions and allows for existina solar to be protected consistent with Minnesota Statutes. Any solar easements filed. must be consistent with Minnesota Statutes, Chapter 500 Section 30. Subd. 3. Abandonment: A SES that is allowed to remain in a nonfunctional or inoperative state for a period of twelve (12) consecutive months and which is not brouqht in operation within the time specified by the City shall be presumed abandoned and mav be declared a public nuisance subiect to removal at the e�ense of the operator. 1128.04: GEOTHERMAL ENERGY SOURCES AND SYSTEMS Subd. 1. Districts: Ground source heat pump systems (GSHPS) shall be allowed as an accessorv use in all zoninq districts. Subd. 2. General Standards: a. All components of GSHPS includinq pumps, borinqs and loops shall be setback at least five �5) feet from all lot lines. b. Easements. All components of GSHPS shall not encroach on easements. c. GSHPS are prohibited in surFace waters and wetlands. d. Onlv closed loop GSHPS utilizinq Minnesota Department of Health approved heat transfer fluids are permitted. � Resolution 9i36-13 Page 8 Subd. 3. Abandonment: A GSHPS that is allowed to remain in a nonfunctional or inoperative state for a period of twelve (12) consecutive months and which is not brouqht in operation within the time specified bv the Citv shall be presumed abandoned and mav be declared a public nuisance subject to removal at the expense of the operator. 1128.05: WIND ENERGY CONVERSION SYSTEMS Subd. 1. Districts: Wind Enerqy Conversion Svstems (WECS) shall be allowed with approval of a conditional use permit in the followinq zoning districts and land use desiqnations: a. Industrial, I-1 or Office or Industrial PUD b. In all properties auided as Institutional in the City's Land Use Desiqnations of the Comprehensive Plan. Subd. 2. Ground Mounted WECS: a. Number: 1. Larqe WECS. One (1) larqe WECS shall be permitted on a lot of at least two (2) acres in size. 2. Small WECS. One (1) small WECS shall be allowed on a sinqle Iot of one (1) to five (5) acres All other larqer parcels will be limited to one (1) small WECS qer five (5) acres of land area. b. Heiqht: 1. Larqe WECS shall have a total heiqht including tower and blade to its hiqhest point of travel of no more than one-hundred twenty five (125) feet. 2. Small WECS shall have a total heiqht includina tower and blade to its hiqhest point of travel of no more than sixty (60) feet Resolution 986-13 Page 9 c. Setbacks: 1. Have a minimum setback distance from the base of the monopole of one (1) times the heiqht from any propertv line transmission line electric substation, or other WECS. This setback requirement from a property line may be reduced if written permission is qranted from the affected propertv owner. 2. Have a minimum setback distance from the base of the monopole of 500 feet from anv residential zoned propertv. d. Shall not be located between a principal structure and a public street unless the City determines that such a location would lessen the negative impacts of such a WECS on nearbv properties. Subd. 3. Roof Mounted WECS: a. Number: 1. Large Roof Mounted WECS. The maximum number of larqe roof mounted WECS shall be approved throuqh the conditional use permit process in accordance with Chapter 1125.01 Subd. 3. 2. Small Roof Mounted WECS. No more than three (3) roof mounted small WECS shall be installed on any rooftop. b. Heiqht: 1. Larqe Roof Mounted WECS: Total heiqht of not more than twentv-five (25) feet, measured from the top of the roof to the blade tip at its hiqhest point of travel. 2. Small Roof Mounted WECS: Total heiqht of not more than twenty-five (25) feet, measured from the top of the roof to the blade tip at its highest point of travel. c. Placement: Roof mounted WECS must be erected above the roof of a buildinq or structure. The mounts associated with the WECS mav extend onto the side of the buildinq or structure. � Resolution 986-13 P�ge 10 Subd. 4. General Standards. The following provisions will apply to all WECS erected under the provisions of this ordinance: a. Rotor Clearance. Blade ares created bv the WECS shall have a minimum of thirty (30) feet of clearance over any structure or tree within a two hundred (200) foot radius, and maintain at least twentv (20) feet of clearance between their lowest point and the ground. b. Rotor Safetv. Each WECS shall be equipped with both a manual and automatic over speed controls to limit the blade rotation within desiqn specifications. c. Color and Finish. All wind turbines and towers shall be white. pray or other non-obtrusive color. Finishes shall be matte or non-reflective. d. Tower Access. To prevent unauthorized climbinq WECS towers must comply with one of the followinq provisions: 1. Tower climbinq apparatus shall not be located within twelve (12) feet of the qround. 2. A locked anti-climb device shall be installed on the tower. 3. Towers capable of beinq climbed shall be enclosed by a locked protective fence at Ieast six (6) feet high. e. Siqns. The place of anv siqns postinqs or advertisements shall be prohibited. WECS shall have a siqn posted at the base of the tower and said shall contain the followinq information: Warninq hiqh voltaqe Manufacturer's name Emerqencv phone number. Emerqencv shutdown procedures. f. Liqhtinq. WECS shall not have no installed or accessory liqhtinq unless required bv federal or state requlations. g. Electromaqnetic Interference. WECS shall be desiqned and constructed so as not to cause radio and television interference. h. Noise Emission. Have a maximum noise production ratinq of fifty-five (55) dB fifty�50) dBA and shall conform to this standard under normal operating conditions as measured at anv proqertv line. Resolution 986-13 Paye 11 Utility Companv Interconnection. Prior to the installation or erection of a WECS, the operator must provide evidence showinq their reqular electrical service provider has been informed of the customer's intent to install an interconnected. customer-owned qenerator. Off-qrid svstems shall be exempt from this requirement. All connections shall be underground. Compliance with State Buildinp Code. A standard drawinq of the structural components of the wind enerqy conversion svstem and support structures includina base and footings shall be provided along with enqineerinq date and calculations to demonstrate compliance with the structural desian provisions of the State Buildinq Code. Drawinqs and enqineerinq calculations shall be certified bv a reqistered enqineer. k. Compliance with National Electrical Code. WECS electrical epuipment and connection shall be desiqned and installed in adherence to the National Electrical Code. I. Inspection. The Citv herebv reserves the riqht upon issuinq anv WECS conditional use permit to inspect the premises on which the WECS is located. If a WECS is not maintained in operational conditions and poses a potential safety hazard, the owner shall take expeditious action to correct the situation Subd. 5. Submittal Reauirements. a. Site Plan Drawinq. All applications for a WECS Conditional Use Permit shall be accompanied bv a detailed certified survev/site plan drawn to scale and dimensioned, displayinq the followinq information: 1. Lot Iines and dimensions. 2. Location and heipht of all buildinqs structures aboveqround utilities and trees on the lot, including both existinq and proposed structures and quv wire anchors. 3. Location and heiaht of all adjacent buildinqs structures and aboyeqround utilities and trees located within three hundred fifty (350) feet of the exterior boundaries of the propertv in question. 4. An elevation drawinq of the premises accuratelv depictina the proposed WECS and its relationship to structures on the subiect site and adjacent lots. Resolution 966-13 Page 12 5. Existinq and proposed setbacks of all structures located on the propertv in question. b. Additional Submittal Reauirements In addition to the information required elsewhere in this ordinance development applications for WECS shall include the followinq supplemental information� 1. A si nificant tree lan in conformance with Cha ter 1127.04 Subd. 1 showin the loss of si nificant trees within the construction area for the WECS: 2. A letter or copv of the review response from the Federal Aviation Administration concerning the development application and their requirements for warninq devices heiqht restrictions etc 3. The technical specifications for the WECS includina but not limited to the tvpe heiqht blade lenqth operatinq parameters the anticipated sound level and the propertv line and liahtinq protection and 4. Clearance distance between the farthest extensions of the WECS blades to the propertv lines. Subd. 6. Criteria for Approval a. Declaration of Conditions The Planning Commission mav recommend and the Citv Council may impose such conditions on the arantinq of a WECS conditional use permit as may be necessarv to carry out the purpose and provisions of this Subdivision. The Council must consider the followina criteria in determininq whether to qrant or denv a conditional use permit for a Wind Enerqy Conversion Svstem (WECS)� 1. The proposed WECS compliance with the standards described in this subdivision� 2. The potential for the WECS to cause a condition that mav pose an unreasonable threat or cause unreasonable damaae to anv other property or person� and 3. The proposed WECS impact on the environment and on the visual imaqe of the surroundinq area Resolution 986-13 Page 13 Subd. 7. Abandonment: A WECS that is allowed to remain in a nonfunctional or inoperative state for a period of twelve (12) consecutive months and which is not brouqht in operation within the time specified bv the Citv shall be presumed abandoned and mav be declared a public nuisance subject to removal at the expense of the operator. WHEREAS, amending the City Code to add new language for renewable energy systems 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 1103 and 1128 of the Mounds View City Code to remove and add regulations 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 24th day of July, 2013. ot�+ Gary Stevenson, Chairperson ATTEST: (SEAL) � �� cn�w�.� �it� u��-��'�-�, James Ericson, City Administrator MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 987-13 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A THREE (3) FOOT HEIGHT VARIANCE FOR THE 10' X 30' EXPANDED AREA OF AN EXISTING DETACHED ACCESSORY BUILDING AT 2917 COUNTY ROAD H2; PLANNING CASE MU2013-001-VR-1 WHEREAS, the applicant, Peter Mclntyre, property owner of 2917 County Road H2, has applied for a three (3) foot height variance for the 10' x 30' expanded area of an existing detached garage that is currently 21 feet tall; and, WHEREAS, the subject property, located at 2917 County Road H2, is zoned R-1, Single Family Residential, and is legally described as follows: Lot 93, Spring Lake Park Knolls Addition, Ramsey County, Minnesota PIN: 06-30-23-12-0124 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 August 7, 2013; and, WHEREAS, according to Section 1125.02, Subdivision 2 of the Mounds View Municipal Code, the Planning Commission is to review a standard set of criteria, of which all must be satisfied, in order to grant a variance to the Zoning Code. F�es��Aition 9�i1 �1,3 P�ige Z 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 2917 County Road H2, and makes the following findings of fact related to its decision: 1. The existing 21 foot tall garage met the Zoning Code when it was built in 1993, and the owner only wants the 10' x 30' expanded area to have the same height as the rest of the garage. 2. The variance is consistent with the Comprehensive Plan in that the applicant will add a significant improvement to his property and can store more items indoors. 3. The applicant owns several vehicles and other tools and 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 existing taller garage does not appear to be an overwhelming size for the neighborhood or the applicanYs property. 6. The three (3) foot variance is the minimum variance required to alleviate the applicanYs practical difficulty since the garage already exists with a 21 foot height. 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 987-13 P��ge 3 NOW, THEREFORE, BE IT FINALLY RESOLVED, the Mounds View Planning Commission, based upon the above findings, approves the variance request of Peter Mclntyre, property owner of 2917 County Road H2, to allow a three (3) foot height variance for the garage. Adopted this 7�h day of August, 2013. ATTEST: (SEAL) Paul Schiltgen, Vfce Chafrpe MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 988-13 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A VARIANCE TO ALLOW FOR A SIX-FOOT TALL FENCE IN THE SOUTH FRONT YARD OF 5048 GREENWOOD DRIVE; MOUNDS VIEW PLANNING CASE VR2013-004 WHEREAS, the applicant, John Ellis, has applied for a variance to allow a six- foot tall fence in the south front yard (near County Road H) of his property at 5048 Greenwood Drive; and, WHEREAS, 5048 Greenwood Drive is zoned R-1, Single Family Residential, and legally described as follows: That part of the South % of the South % of the Southeast'/< of Section 7, Township 30 North, Range 23 West, described as follows: Beginning at the Southeast corner of said Section 7; thence North 10 rods; thence West 16 rods; thence South 10 rods; thence East 16 rods to point of beginning, except the East 152.24 feet thereof, according to the United States Government Survey thereof and situate in Ramsey County, Minnesota And That part lying South of the North 75 feet of Lot 7, Block 1, Twelve Oaks. Subject to a reservation by State of Minnesota of all minerals and mineral rights over all but the North 75 feet of above Lot 7 PIN: 07-30-23-44-0117 WHEREAS, Section 1103.08 of the Mounds View Zoning Code indicates that the maximum height of a fence in a front yard four feet (4'); and, WHEREAS, the applicant has applied for a variance to allow a six foot (6') fence in the front yard abutting County Road H; and, WHEREAS, the Mounds View Planning Commission has reviewed the following documents about this proposal: 1. Zoning Map 2. Aerial Photo 3. Photographic Documentation 4. Staff Report Resot±�tiori �J8£3-'13 Prige 2 WHEREAS, the purpose of the variance provision in the Zoning Code is to give relief to property owners when the strict enforcement of the zoning code requirements imposes a hardship thereby restricting the improvement of property due to practical difficulties brought about by unique or extraordinary features of the physical property that are beyond the property owner's control; and, WHEREAS, the Planning Commission held a public hearing on Wednesday, September 18, 2013, about this variance request; and, WHEREAS, according to Section 1125.02, Subdivision 2 of the Mounds View Municipal Code, the Planning Commission is to review a standard set of criteria that must be satisfied in order to grant a variance to the Zoning Code. NOW, THEREFORE, BE IT RESOLVED, the Mounds View Planning Commission hereby makes the following findings related to this request: 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 5048 Greenwood Drive, and makes the following findings of fact related to its decision: 1. The general intent of the Zoning Code regarding limited fence heights in front yards is to not close off the front of the property from the visual openness of the street, but yet still allow a fence for safety and some sense of privacy for the property owners. This becomes difficult is on corner lots, particularly lots that front a busy street, where the property owners really want the privacy due to the high traffic along one of their front yards. 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 the front yard height limitations would preclude having a fence tall enough to provide security, screening and buffering from busy County Road H. 4. The unique feature of this property is that it is a corner lot which creates two front yards, and the house was built close to the north side of the lot so the second front yard is very large. 5. There are other properties along County Road H that have a 6-foot tall fence in the front yard and have not changed the existing neighborhood character or caused visibility problems for traffic. RE�soktfron 958-13 Pa�e 3 6. The 2-foot variance is the minimum variance required to alleviate the applicanYs practical difficulty since the Zoning Code limits front yard fence heights to four feet. 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, does hereby approve the variance request for a six-foot tall fence in the south front yard of 5048 Greenwood Drive. Adopted this 18�h day of September, 2013. ATTEST: (SEAL) 1 �� Paul Schiltgen, Vice Chairperso _� cwv� �c�-��-v James Ericson, City Administrator MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 989-13 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A VARIANCE TO ALLOW FOR A SIX-FOOT TALL FENCE IN THE SOUTH FRONT YARD OF 7700 BONA ROAD; MOUNDS VIEW PLANNING CASE VR2013-005 WHEREAS, the applicant, David Farrel�, has applied for a variance to allow a six- foot tall fence in the south front yard (near County Road I) of his property at 7700 Bona Road; and, WHEREAS, 7700 Bona Road is zoned R-1, Single Family Residential, and legally described as follows: Greenfield, The East 15 feet of the West % of Lot 10. Subject to Road; The East % of said Lot 10, Block 2. Ramsey County, Minnesota P I N: 05-30-23-33-0034 WHEREAS, the Mounds View Planning Commission has reviewed the following documents about this proposal: 1. Zoning Map 2. Aerial Photo 3. Photographic Documentation 4. Staff Report WHEREAS, Section 1103.08 of the Mounds View Zoning Code indicates that the maximum height of a fence in a front yard four feet (4'); and, WHEREAS, the applicant has applied for a variance to allow a six foot (6') fence in the front yard abutting County Road I; 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 imposes a hardship thereby restricting the improvement of property due to practical difficulties brought about by unique or extraordinary features of the physical property that are beyond the property owner's control; and, WHEREAS, the Planning Commission held a public hearing on Wednesday, October 2, 2013, about this variance request; and, Resolution 959-7"3 PatJe 2 WHEREAS, according to Section 1125.02, Subdivision 2 of the Mounds View Municipal Code, the Planning Commission is to review a standard set of criteria that 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 7700 Bona Road, and makes the following findings of fact related to its decision: 1. The general intent of the Zoning Code regarding limited fence heights in front yards is to not close off the front of the property from the visual openness of the street, but yet still allow a fence for safety and some sense of privacy for the property owners. This becomes difficult on corner lots, particularly lots on busy streets, where the property owners really want the privacy due to the high traffic along one of their front yards. 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 the front yard height limitations would preclude having a fence tall enough to provide security, screening and buffering from busy County Road I. 4. The unique feature of this property is that it is a corner lot with two front yards, and there is a sidewalk along County Road I that is adjacent to the applicanYs property. 5. The 6-foot tall fence in the front yard should not change the existing neighborhood character or cause visibility problems for traffic. 6. The 2-foot variance is the minimum variance required to alleviate the applicanYs practical difficulty since the Zoning Code limits front yard fence heights to four feet. 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. � �F�sohation 989-1:3 Paqe 3 NOW, THEREFORE, BE IT FINALLY RESOLVED, the Mounds View Planning Commission, based upon the above findings, does hereby approve the variance request for a six-foot tall fence in the south front yard of 7700 Bona Road. Adopted this 2"d day of October, 2013. ii l� � ' ✓ (`7i�:�� '%�-_1 \ Gary Steven�bn; Chair �`"�' ATTEST: (SEAL) �� JGvv��c�4 U'�W1�1/(/ James Ericson, City Administrator MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 990-13 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A VARIANCE FOR A DRIVEWAY WITH A THREE- FOOT SETBACK AT 2833 COUNTY ROAD H; PLANNING CASE VR2013-006 WHEREAS, the applicant, Kent Reed, property owner of 2833 County Road H, has applied for a variance to allow the driveway to have a 3-foot setback; and, WHEREAS, 2833 County Road H is zoned R-1, Single Family Residential, and is legally described as follows: Knollwood Park, Lot 114, Ramsey County, Minnesota P I N: 07-30-23-34-0047 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, Section 1104.01 Subd. 4c(1a) of the Mounds View Zoning Code indicates that driveways shall be set back at least five feet (5'); and, WHEREAS, the applicant has applied for a variance to allow a driveway to have a three foot (3') setback; 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 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 October 2, 2013; 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. I:esoli.ition 990-13 Pag� 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 2833 County Road H, 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 the driveway runs past the house that only has a setback of 17 feet, and in order to have a 10.5 foot wide drive ais�e past the house, the driveway setback needs to remain at 3 feet. 4. The unique feature of this property is the location of the house close to the west side of the lot, and because the garage is in the backyard so that the driveway has to run past the house in the limited space that is there. 5. The driveway has been in the same location with a 3-foot setback for many years, so there will be no change to the existing character of the neighborhood. 6. The 2-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 Kent Reed, property owner of 2833 County Road H, to allow a driveway to have a 3-foot setback. � Resolution 9�J0-'13 Page 3 Adopted this 2"d day of October, 2013. � � �� i' I '� /�l �' � Gary Steverison, Chair ATTEST: (SEAL) � � �� U��, �.� �-fl-�-��`3 ��L_. James Ericson, City Administrator MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 991-13 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF A MINOR SUBDIVISION BETWEEN 3030 COUNTY ROAD J AND 3032 COUNTY ROAD J; PLANNING CASE NO. MI2013-001 WHEREAS, John Engberg, has requested approval of a minor subdivision to adjust the common lot line between 3030 County Road, J and 3032 County Road J; and, WHEREAS, both of the properties are zoned R-1, Single Family Residential, and are legally-described as: 3030 Couniy Road J The Wesf 100 feet of the East 532 feet of Lot 1, Auditor's Subdivision No. 89, Ramsey County, Minnesofa PIN 06-30-23-22-0088 3032 County Road J That part lying West of the Easf 532 feef of Lot 1, Audifor's SuBdivision No. 89, Ramsey County, Minnesota PIN 06-30-2322-0089 WHEREAS, the 12 feet by 85 feet of land being detached from 3032 County Road J and attached to 3030 County Road J is legally described as: The East 12 feet of the South 85 feet thereof, as measured at right angles. WHEREAS, the Applicant proposes to adjust the lot line dividing 3030 and 3032 County Road J to give the property at 3030 County Road J an additional 1,020 square feet (12' x 85'); 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 of the Municipal Code; and WHEREAS, the Planning Commission finds that the ApplicanYs request for a minor subdivision is in conformance with the Comprehensive Plan; and, kesolr�tion J91-13 � �.. �� ,-rg;) WHEREAS, since no additional homes or development will occur as part of this subdivision, a park dedication fee is not required with this subdivision application; and, NOW, THEREFORE, BE IT RESOLVED that the Applicant shall have 6 months from final approval to file proper documentation with Ramsey County, 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. NOW, THEREFORE, BE IT FURTHER RESOLVED that the Mounds View Planning Commission recommends approval of a minor subdivision, lot line adjustment, of 3030 and 3032 County Road J, subject to the following stipulations: 1. The Applicant shall complete any and all requirements after final review of the Certificate of Survey and title commitment by the City Attorney. 2. The Applicant shall arrange to amend the Certificate of Survey if any changes are required by Ramsey County. 3. The Applicant is responsible for reimbursing the City of all 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 16f" day of October, 2013. ATTEST: (SEAL) ::t _� Gary Stevenson, Chairperson �� Ci�u�l.-�.O James Ericson, City Administrator MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 992-13 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF A CONDITIONAL USE PERMIT TO ALLOW FOR A 1,100 SQUARE-FOOT GARAGE AT 8280 EASTWOOD ROAD; PLANNWG CASE CU2013-005 WHEREAS, property owner Sarah Lange has applied for a conditional use permit to construct a 1,100 square foot garage; and, WHEREAS, the subject property, located at 8280 Eastwood Road, is zoned R-1, Single Family Residential, and is legally described as follows: Lot 2, Block 2, East Oaks, Ramsey County, Minnesota PIN: 06-30-23-11-0078 WHEREAS, the Mounds View Zoning Code conditionally allows garages in excess of 952 square feet in area with a maximum accessory building area not to exceed 1,800 square feet; and, WHEREAS, the proposed garage would be 1,100 square feet, thus requiring City approval of a conditional use permit; and, WHEREAS, the 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 NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission makes the following findings of fact related to the conditional use permit request: 1. The proposed oversized 1,100 square foot garage satisfies the zoning requirements as outlined in Chapters 1104 and 1106 the Zoning Code. 2. The request is consistent with the Mounds View Comprehensive Plan in that the Comprehensive Plan encourages the development and maintenance of residentiai areas to improve the quality, appearance and attractiveness of housing units and residential property in general. Rec,r�lufion 992-13 �'age 2. 3. The proposed garage would not be out of place given the character and geography of the surrounding area involved. 4. The proposed garage would not depreciate the neighborhood. 5. The applicants have sufficiently demonstrated that a need exists for the proposed oversized garage. NOW, THEREFORE, BE IT FURTHER RESOLVED that the Mounds View Planning Commission recommends approval of the conditional use permit for the 1,100 square foot garage, with conditions as follows: 1. The garage shall not be used for commercial purposes, living space or other uses not allowed within the R-1 Single-Family Residential district or by the Zoning Code. Should the use change for which the permit was granted; the conditional use permit shall be considered null and void. 2. The new garage shall be designed and maintained to provide a uniform appearance with the existing house. 3. The Conditional Use Permit (CUP) shall become null and void if the work for which the CUP was granted is not completed within one year from the date of approval unless a petition for extension of time in which to complete the work has been granted by the City Council. NOW THEREFORE, BE IT FINALLY RESOLVED that the Mounds View Planning Commission directs staff to forward this resolution to the City Council prior to approval of the minutes. Adopted this 16�h day of October, 2013. �..i l� ��t \ � Gary Stevenson, Chair ATTEST: � c�-� �...�.,�-,�---� James Ericson, City Administrator (SEAL) MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 993-13 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING AMENDMENTS TO THE CITY CODE TITLE 1008 REGULATING SIGNS IN THE CITY; SPECIAL PLANNING CASE 189-13 WHEREAS, the City Council desires to improve the aesthetics and promote development of the County Road 10 corridor; and, WHEREAS, the Planning Commission has reviewed the City Code regarding the allowed heights and setbacks of ground signs; and; WHEREAS, City Staff has recommended that the ground sign height limits and setbacks along County Road 10 be reduced and the construction design be improved to require masonory; and, WHEREAS, the Planning Commission agrees with the City Staff recommendation to reduce the ground sign height allowed in the business, industrial and conservancy, recreation and preservation zoning districts; and, WHEREAS, the Planning Commission agrees with the City Staff recommendation to reduce the ground sign setback requirements for properties with frontage on County Road 10; and, WHEREAS, City staff has amended Chapter 1008.09 of the Mounds View City Code by deleting the �ic-IEe+� language and adding the underlined text as follows: Subd. 3. Ground Sign Height, by District: The following table represents the maximum height allowed for ground signs in each zoning district.(Amended, Ord. 829, 9-3-09) R-1 R-2 R-3 R-4 R-5 B-1 B-2 B-3 B-4 I-1 CRP PUD ��) ��) $ $ $ � � (3) � (3) � �-J (3) �J (3) iZ) i3) 16 16 16 16 16 16 �� No ground sign, other than home occupation, campaign, real estate, incidental and temporary signs shall be allowed in these districts. �Z� Signage requirements within a PUD shall be as indicated by the PUD Narrative document. If no such document exists, signage shall be as allowed for a B-3 zoning District. (Ord. 679, 5-29-01) Resolution 993�13 Page 2 �3� Maximum billboard sign height in some locations is 45 feet. Refer to Section 1008.10, Subdivision 6 of this Code. (Ord. 769, 5-8-06). WHEREAS, City staff has amended Chapter 1008.10 of the Mounds View City Code by deleting the �triEl<er� language and adding the underlined text as follows: 1008.10: SPECIFIC SIGN TYPE STANDARDS AND REQUIREMENTS: Subd. 1. Ground Signs: The following standards shall be maintained for all ground signs, excluding incidental, temporary, home occupation, campaign, identification and real estate signs: (Ord. 679, 5-29-01) a. No part of a ground sign shall be nearer than three feet (3') to any building unless such sign is placed parallel to the side of the building. (Ord. 679, 5-29-01) b. No part of a ground sign shall be nearer than 15 feet (15') to any perimeter lot line, nor located within a thirty (30)-foot sight triangle on any property abutting two (2) intersecting street right of ways. However, ground signs on properties that front Countv Road 10 may have a five foot (5') setback from the lot line adlacent to Countv Road 10 and a ten (101 foot siqht triangle. (Refer to the graphic below.) (Ord. 679, 5-29-01) CounTy Road X RightofWay 30� ri — — — — — — - — — — — — — — Sight'I'riangle` �� I /�l � � � R / � O., � -^ Sign is set back I � I 15 feet from � both front and � side property lines. Si4ns mav � have a 5 foot I setback from � Countv Road 10. � Property _�� I Sign ca�mo[ be Iocatcd � within sight triangle. ' � � I � � �� o � � � C ^C Lines � � � � �'fhe sigh[ triangle is fonneA by connecting the nvo end poinLS oC30-fool lines cslending in bolh directions from the intersec�ion ofhvo property linos abulting a street oe high�vay. The si�hl Irian2le un �r� ouert_e � at YrmitCounh� Roed 10 mav be furmed 6v connrctins tha ��vo end poinls uf 10-lont lines_ Resolution 993-13 Page 3 c. The owner, lessee or occupant of the land on which the ground sign is located and the owner of the sign shall keep the property on which the sign is located free of long grass, weeds or other rank growth, rubbish or debris. (Ord. 679, 5-29-01) d. AII parts of ground signs shall be designed for wind pressure of not less than thirty (30) pounds per square foot, and ground signs of wood construction shall have all members which extend into the ground protected from decay by treatment with a preservative approved by the Building Inspector. (Ord. 679, 5-29- 01) e. No permit shall be granted for the location of any ground sign having a sign area of more than forty (40) square feet within one hundred feet (100') of any single-family residence. (Ord. 679, 5-29-01) f. Notwithstanding the provisions of subdivision 6 of this Section (1008.10, subdivision 6), no more than one (1) pole or pylon sign shall be allowed per lot. However, the ground sign area allowance may be divided between one (1) pole or pylon sign and a monument sign or between multiple monument signs, subject to the requirements herein, provided that one (1) or more of the following conditions are applicable: (Ord. 679, 5-29-01; Ord. 769, 5-8-06; Ord. 816, 1-22-09) (1) The lot abuts multiple street right-of-ways, in which case a sign may be located along each frontage. (Ord. 679, 5-29-01) (2) There are multiple curb cuts or driveways accessing the property, in which case a sign may be located near each access point or driveway, provided the signs are separated by no less than two hundred feet (200'). (Ord. 679, 5-29-01) (3) The width of the lot, as measured along its longest street frontage, exceeds two hundred and fifty feet (250'), in which case multiple signs may be located along the long frontage provided such signs are separated by no less than two hundred feet (200'). (Ord. 679, 5-29-01) (4) The property or properties are within an approved Planned Unit Development (PUD). (Ord. 679, 5-29-01) g. Ground siqns must include masonrv construction materials such as stone, brick or stucco. Resolufion 993-13 Page 4 WHEREAS, amending the City Code to reduce ground sign height limits and setbacks, and require higher quality construction materials would better serve the City's goal of improving the aesthetics and promoting development along the County Road 10 corridor; 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 Chapter 1008 of the Mounds View City Code to add regulations 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 16�h day of October, 2013. , r_��r�� (SEAL) l. � .� <__z Gary �teJenson; Chairperson � �� James Ericson, City Administrator MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 994-13 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A VARIANCE TO ALLOW A FRONT ENTRY ADDITION TO ENCROACH 8-FEET INTO THE PREVAILING 40-FOOT FRONT YARD SETBACK AT 5420 ADAMS STREET; MOUNDS VIEW PLANNING CASE VR2013-007 WHEREAS, property owner, Flint Homes, has applied for a variance to allow a front entry addition to encroach 8 feet into the prevailing 40-foot front yard setback at 5420 Adams Street; and, WHEREAS, 5420 Adams Street is zoned R-1, Singie Family Residential, and legally described as follows: Spring Lake Park Highlands, Except the South 10 feet and Except the Northerly 50 feet of Lot 16, Block 1, Ramsey County, Minnesota P I N: 08-30-23-12-0026 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 November 6, 2013; 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. ;;�:s, sJ�iil� 13 � Resolution 99�I-'13 P��qe 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 5420 Adams Street, 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 homes for aesthetics and a sense of privacy for the property owners. The requested reduced front yard setback will still be larger than the minimum 30 foot setback. 2. The variance is consistent with the Comprehensive Plan in that the applicant is improving the property and making it a more livable house. 3. The applicant is requesting this variance because of the lack of an interior staircase, and in order to make the home livable, there should be interior access to the basement. 4. The unique feature of this property is that there is an added a basement without an interior staircase, and the existing layout and size of the home makes it difficult to add a staircase inside the home. 5. The current house has a deck leading to the front door that extends 8 feet out from the house and is at least 10 feet wide. The new entrance addition would be about the same size, so there will be very little change to the existing character of the neighborhood. 6. The 8-foot front yard setback variance is the minimum variance required to alleviate the applicanYs practical difficulty and give enough interior space to add a staircase. 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. Re�;al�_ition 9:�74�13 Page 3 NOW, THEREFORE, BE IT FINALLY RESOLVED, the Mounds View Planning Commission, based upon the above findings, approves the variance request of Flint Homes, to allow an 8-foot encroachment into the prevailing 40-foot front yard setback at 5420 Adams Street 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 be come 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 6�h day of November, 2013. ATTEST: (SEAL) � , , _ _ � �.. ��; �' ;' �,-�-� _ Gary Ste�/�nson, Chair � � C;�_�l„�.��1 C,�-'°�i! :�j�` James Ericson, City Administrator MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 995-13 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A VARIANCE FOR REDUCED PARKING LOT SETBACKS AT TIRES N' MORE, 2832 COUNTY ROAD 10; PLANNING CASE VR2013-008 WHEREAS, the applicant, Naoufel Soussi, owner of Tires N' More, 2832 County Road 10, has applied for a variance to allow the parking lot to have reduced setbacks from the north, east and west property lines; and, WHEREAS, 2832 County Road 10 is zoned B-3, Highway Business, and is legally described as follows: Lot 1, elock 1, Velmeir CVS Addition PIN: 06-30-23-34-0086 and 06-30-23-34-0089 WHEREAS, the Mounds View Planning Commission has reviewed the following documents regarding this proposal: 1. Site Plan 2. Zoning Map 3. Aerial View 4. Staff Report 5. Photographic Documentation WHEREAS, Section 1104.01 Subd. 4c(2a and 2b) of the Mounds View Zoning Code indicates that parking lots in B-3 zoned districts sha�l be set back thirty (30) feet from the front, and five feet (5') from the side and rear, except where a non-residential use abuts a property in a residential district the setback is twenty (20) feet; and, WHEREAS, the applicant has applied for a variance to allow the parking lot to have a five foot (5') setback on the front, zero (0) setback on the east side, and zero (0) setback on the north half of the west side; 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 imposes a hardship thereby restricting the improvement of property due to practical difficulties brought about by unique or extraordinary features of the physical property that are beyond the property owner's control; and, Resolution 995-'I3 I'a�ne 2 WHEREAS, the Planning Commission held a duly-noticed public hearing regarding this request on November 6, 2013; 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 2832 County Road 10, 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 buildings and parking areas for aesthetics and a sense of privacy for the property owners. The requested reduced setbacks are very similar to what has existed for many years on this property. 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 way the building is sitting on the property and the lack of access which forces this property to share adjoining properties access drives. 4. The unique feature of this property is that the north property line is angled, the building does not sit parallel to County Road 10 and is located closer to the front of the lot, making the front parking lot very small and difficult to maneuver through. The building does not have its own access to County Road 10 and must use the adjoining properties' access driveways. The building has side setbacks of about 14 feet (west side) and 32 feet (east side), which leave limited room to access the rear parking lot. 5. The new parking lot will have similar or larger setbacks than the previous parking lot did, so there will be no change to the existing character of the neighborhood. 6. The variances requested are the minimum variance required to alleviate the applicanYs practical difficulty since that is what the zoning code requires for parking lot 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. I�t�,ali.ilion 995-'13 Pr.ige 3 NOW, THEREFORE, BE IT FINALLY RESOLVED, the Mounds View Planning Commission, based upon the above findings, approves the variance request of Naoufel Soussi, owner of Tires N' More, at 2832 County Road 10, to allow the parking lot to have a five foot (5') setback on the front, a zero (0) setback on the east side, and a zero (0) setback on the north half of the west side, 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 6�" day of November, 2013. �� % /%/ °'�' �, �� k Gary Steven�� n, Chair ATTEST: � '�_� ��1��i.-ey� �il�,c/✓JJ�1� James Ericson, City Administrator (SEAL) I , , , MOUNDS VIEW PLANNING COMMISSION RESOLUTION 996-13 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION ESTABLISHING THE 2014 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 2014; and, WHEREAS, the Pianning 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 2014. BE IT FINALLY RESOLVED that if the Planning Commission is required to or desires to hold speciai or emergency meetings, such meetings will be he�d in accordance with State law, Code requirements and Commission Bylaws. Adopted this 4�h day of December, 2013 - '1 �/� ` �t��._�.� . �, -� �,/ �° �; Gary Stevensqh, Chairperson ATTEST (SEAL) �_ �'��,, , ��. , ,�� r� ..,J(..t�,,t'1_,t,,� <'i�-<.t.ilt�.J<�i James Ericson, City Administrator ( � EXHIBIT 1. 2014 MEETING SCHEDULE MOUNDS VIEW PLANNING AND ZONING COMMISSION January 8 (8pm) February 5 March 5 April 2 May 7 June 4 July 2 August 6 September 3 October 1 November 5 December 3 January 22 February 19 March 19 April 16 May 21 June 18 July 16 August 20 September 17 October 15 November 19 December 17