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HomeMy WebLinkAbout07-05-2017 PLANNING COMMISSION REGULAR MEETING AGENDA July 5, 2017 - 7:00 P.M. 1. Call to Order 2. Roll Call 3. Special Order of Business A. (none) 4. Citizens Requests and Comments Relating to Planning and Zoning Issues Not Already on the Agenda. (Before speaking, please give your full name and address for the record.) 5. Planning Cases A. MU2017-002: St. Cloud Industrial Products, Inc: PUBLIC HEARING: Resolution 1074-17, Approval of a Variance to exceed the maximum 48” fence height within a front yard, for property located at 4821 and 4825 Mustang Cir. 6. Other Planning Activity A. (none) 7. Reports A. Upcoming Planning Cases & Activity B. Staff Updates C. Council Updates D. Planning Commissioner Reports 8. Approval of Minutes: June 21, 2017 9. Next Planning Commission Meetings: A. Wednesday, July 19, 2017 B. Wednesday, August 2, 2017 10. Meeting Conclusion Item No: 5A Meeting Date: July 5, 2017 Type of Business: Planning Case MU2017-002 City of Mounds View Staff Report To: Mounds View Planning Commission From: Jon Sevald, Planner Item Title/Subject: PUBLIC HEARING, Resolution 1074-17, Approval of a Variance to exceed the maximum 48” fence height within a front yard, for property located at 4821 and 4825 Mustang Cir. Introduction St. Cloud Industrial Products, Inc. (SCIPI) is the property owner of 4821 Mustang Cir. (North Central Bus & Equipment) and 4825 Mustang Cir. (Parts Midwest, Boars Head, & others). The properties include shared parking within the front yards. SCIPI intends to install a fence around the parking lots between the two buildings, and is requesting a Variance to exceed the maximum 4’ fence height limit within a front yard (6’ fence height proposed). Discussion The proposed 6’ fence will be ornamental wrought-iron, and include gates at the two driveways. The taller fence is intended to provide added security compared to a 4’ fence, allowed by City Code. This parking lot will be used by employees and for the outside storage of busses and commercial vehicles. There is a larger loading and outside storage area to the side & rear of 4825 Mustang Cir (warehouse/freight terminal). A second employee parking lot in the NE corner of 4825 Mustang Cir will not be fenced. This area (Mustang Drive/Circle) is industrial in use. Many properties have fenced outside storage areas. Two properties have fenced front yards (refer to photos taken by the applicant): 4751 Mustang Dr. (Fed-Tech): 4’ chain-link fence for parking lot 2160 Mustang Dr. (SAIA): 6’ chain-link fence for outside storage area In 1972, a Special Use Permit was approved by the Village of Mounds View for a Motor Freight Terminal at 2160 Mustang Dr., including a condition for fencing not less than 6’ in height, nor more than 8’. Planning Case MU2017-002 July 5, 2017 Page 2 Analysis FENCE HEIGHT The maximum fence height permitted is as follows 1: 4’ (48”) within front yard 6’ (72”) within side yard of a corner lot (i.e. 2nd front yard) 8’ (96”) within rear yard 4’ (48”) within 30’ of a street intersection (property lines), if chain-link 0’ (0”) within 30’ of a street intersection (property lines), if NOT chain-link The City Council may approve a fence up to a height of 8’ in a front yard to satisfy a buffer or screening condition of a Development Review or a Conditional Use Permit.2 This was the case with the 2016 Development Review for the City’s Public Works Facility, allowing an 8’ solid fence as screening from adjacent residential areas. In 2017, St. Cloud Industrial Products received approval of a Development Review (Resolution 8465), and Conditional Use Permits (Resolutions 8766 & 8768) for property at 4821 Mustang Cir. Required screening is to be located along the NE property line of 4825 Mustang Cir., for the purpose of screening the shared parking area. This is the same parking area proposed to be enclosed by a fence, up to 6’ in height. Since 2010, similar variance requests for fence height include the following: Address Summary of request Case # 2401 Mounds View Blvd 6’ fence in front yard (Police Dept) VR2016-006 2466 Bronson Dr. 8’ fence in front yard (Public Works Dept) MU2016-003 5107 Greenwood Dr 6’ fence in side yard of corner lot VR2015-006 2408 Hillview Rd 6’ fence in front yard (Public Works Dept) VR2014-008 2296 Terrace Dr. 6’ fence in side yard of corner lot VR2014-005 5045 Eastwood Rd 6’ fence in side yard of corner lot VR2014-003 7701 Bona Rd 8’ fence in side yard of corner lot VR2014-002 7700 Bona Rd 6’ fence in side yard of corner lot VR2013-005 5048 Greenwood Rd 6’ fence in side yard of corner lot VR2013-004 5046 Eastwood Rd 6’ fence in side yard of corner lot VR2010-001 Of these variances, three were non-residential, and two fences were intended to provide increased security, similar to the fence proposed by SCIPI (Police Dept, and Public Works Dept). In 2015, Ordinance 909 was adopted, amending the City Code to allow a 6’ fence height within the side yard of corner lots (i.e. second front yard). 1 Mounds View Municipal Code, Section 1103.08 (Fencing, Screening and Landscaping) 2 Mounds View Municipal Code, Section 1103.08, Subd 3(a) (Location) Planning Case MU2017-002 July 5, 2017 Page 3 VARIANCE CRITERIA A variance to the Zoning Code may be approved by the Planning Commission, acting as the Board of Adjustments, to provide relief to the landowner in those cases where the Code imposes practical difficulties to the property owner in the use of the property owners land. A variance may be granted only in the event that all of the following circumstances exist:3 1. The variance is in harmony with the general purposes and intent of this Title. 2. The variance is consistent with the comprehensive plan. 3. The applicant proposes to use the property in a reasonable manner not permitted by this Title or the City Code. 4. Unique circumstances apply to the property, which do not apply to other properties in the same zone or vicinity and result from lot size or shape, topography or other circumstances over which the owner of the property since the enactment of this Title has had no control. The unique circumstances do not result from the actions of the applicant. 5. The variance does not alter the essential character of the neighborhood. 6. The variance requested is the minimum variance which would alleviate the practical difficulties. Economic conditions alone do not constitute practical difficulties. 7. The Board of Adjustment and Appeals may impose such conditions upon the premises benefited by a variance as may be necessary to comply with the standards established by this Title or to reduce or minimize the effect of such variance upon other properties in the neighborhood and to better carry out the intent of the variance. The condition must be directly related to and must bear a rough proportionality to the impact created by the variance. Please refer to the applicant’s narrative (attached) regarding these criteria. It is Staff’s opinion that the variance request does not meet criteria #4, regarding unique circumstances which do not apply to similar properties. It is Staff’s opinion that there is sufficient area in the rear yard(s) to secure items with an 8’ fence (permitted), and that a fence within the front yard exceeding 4’ is not necessary. The buildings on these properties were located with the intent of using the rear and side yards for outside storage, and using the front yard parking lots for employee and customer parking. 3 Mounds View Municipal Code, Section 1125.02, Subd 2 (Criteria for Granting Variances) Planning Case MU2017-002 July 5, 2017 Page 4 Further, it is Staff’s opinion that if the Planning Commission’s intent is to allow a taller fence within this front yard, it would be more appropriate to amend the Zoning Code to make 6’ (or 8’) fences a permitted use within the I-1 district, than to grant a variance for this one property. Staff has prepared two resolutions, one for approval, and one for denial. Summary St. Cloud Industrial Products requests a Variance to construct a fence up to 6’ in height within a front yard (maximum 4’ fence height permitted) for properties at 4821 and 4825 Mustang Cir. A Public Hearing notice was mailed to all property owners within 350’ of the subject properties (eight property owners), and published in the Sun Focus on June 23, 2017. The City received a response from Ramsey County Parks Dept, owner of the adjacent Rice Creek Regional Park. The County had no comments. Recommendation Staff recommends DENIAL of the variance due to lack of a practical difficulty. It is Staff’s opinion that the property does not have unique circumstances justifying a fence within the front yard to exceed 4’ in height. The proposed fence, up to 6’ in height, will not serve the purpose of screening adjacent residential areas (Towns Edge Mobile Home Park). The Planning Commission is requested to consider the following options, including conducting a Public Hearing for the Variance request: 1. Resolution 1074-17, approving the variance is attached. A two-third’s majority vote (5 votes) of the Planning Commission members is required to approve a variance. 2. An alternative Resolution 1074-17, denying the variance is attached, if the Commission chooses this option. A simple majority is required to deny. 3. Table the request(s). If additional information is needed before a decision can be rendered or if more discussion is needed, the Commission can simply move to table the request until such information has been provided. Because of the 60-day requirements (Deadline: Aug, 12, 2017) the Commission would need to act upon the request as soon as reasonably possible to avoid an inadvertent approval. Planning Case MU2017-002 July 5, 2017 Page 5 Respectfully submitted, ________________________ Jon Sevald, AICP Planner Attachments 1. Applicant’s Narrative 2. Zoning Map 3. Aerial Map 4. Site Photos 5. Resolution 1074-17 (Approval) 6. Resolution 1074-17 (Denial) Planning Case MU2017-002 July 5, 2017 Page 6 Applicant’s Narrative Planning Case MU2017-002 July 5, 2017 Page 7 Applicant’s Narrative (submitted May 22, 2017 by Dean Wick, Outsource Architecture, LLC) Planning Case MU2017-002 July 5, 2017 Page 8 Applicant’s Narrative (2160 Mustang Dr) Planning Case MU2017-002 July 5, 2017 Page 9 Applicant’s Narrative (2160 Mustang Dr) Planning Case MU2017-002 July 5, 2017 Page 10 Applicant’s Narrative (2180 Mustang Dr.) Planning Case MU2017-002 July 5, 2017 Page 11 Zoning Map Planning Case MU2017-002 July 5, 2017 Page 12 Aerial Map Planning Case MU2017-002 July 5, 2017 Page 13 Site Photos Figure 1: 4821 Mustang Cir, looking west-northwest. Figure 2: 4825 Mustang Cir, looking south. RESOLUTION 1074-17 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A VARIANCE TO ALLOW A FENCE, NOT TO EXCEED SIX FEET IN HEIGHT WITHIN THE FRONT YARD OF PROPERTIES LOCATED AT 4821 MUSTANG CIRCLE, AND 4825 MUSTANG CIRCLE (PLANNING CASE MU2017-002) WHEREAS, the City of Mounds View Municipal Code, Section 1103.08, Subd 3 (Location) states that fences not to exceed 48” in height may be located on any part of a lot. Fences not to exceed 96” in height may be erected on any part of a lot behind the front line of the principal building; and, WHEREAS, the applicant, St. Cloud Industrial Products, Inc., has applied for a Variance to construct a fence, up to 72” in height, within a front yard on properties legally described as: PID: 17-30-23-13-0006 Lot 4, Block 1 of Mounds View Industrial Park No. 3 PID: 17-30-23-13-0007 Lot 5, Block 1 of Mounds View Industrial Park No. 3 PID: 17-30-23-13-0008 Lot 6, Block 1 of Mounds View Industrial Park No. 3 WHEREAS, the City of Mounds View Municipal Code, Section 402.01 establishes a Board of Adjustments and Appeals, consisting of all appointed members of the Planning and Zoning Commission; and, Resolution 1074-17 Page 2 WHEREAS, the City of Mounds View Municipal Code, Section 1125.02, Subd 2 establishes criteria for granting of a variance, stating a “variance may be granted only in the event that all of the following circumstances exist:” (Findings in italics) 1. The variance is in harmony with the general purposes and intent of this Title. Findings: The variance request is in harmony with the general purposes and intent of the Mounds View Municipal Code, Title 1100 (Zoning Code). 2. The variance is consistent with the comprehensive plan. Findings: The variance request is not applicable to the Comprehensive Plan. 3. The applicant proposes to use the property in a reasonable manner not permitted by this Title or the City Code. Findings: The variance request is a reasonable use. 4. Unique circumstances apply to the property which do not apply to other properties in the same zone or vicinity and result from lot size or shape, topography or other circumstances over which the owner of the property since the enactment of this Title has had no control. The unique circumstances do not result from the actions of the applicant. Findings: The City of Mounds View granted a Conditional Use Permit (CUP) in 2011 to a former property owner (Tyson Companies) to allow Outside Storage as an Accessory Use on these properties, with a height limit of 20’ (Resolution 7857). The CUP did not exclude outside storage from occurring within the front yard. This allowance of outside storage is a unique circumstance, not common amongst other industrial properties, without a CUP. It is reasonable for the property owner to protect this outside storage area by a fence, and that a permitted 48” high fence does offer sufficient protection from vandalism and trespass. 5. The variance does not alter the essential character of the neighborhood. Findings: The variance request does not alter the essential character of the neighborhood. 6. The variance requested is the minimum variance which would alleviate the practical difficulties. Economic conditions alone do not constitute practical difficulties. Findings: The proposed fence, up to 6’ in height, is the minimum fence height to deter vandalism and trespassing onto the property. Resolution 1074-17 Page 3 7. The Board of Adjustment and Appeals may impose such conditions upon the premises benefited by a variance as may be necessary to comply with the standards established by this Title or to reduce or minimize the effect of such variance upon other properties in the neighborhood and to better carry out the intent of the variance. The condition must be directly related to and must bear a rough proportionality to the impact created by the variance. Findings: The fence, up to 6’ in height, shall have an appearance similar to, and location consistent with the photo example and site plan submitted by Outsource Architecture to the City on May 22, 2017, and included within the Staff Report, dated July 5, 2017. WHEREAS, the Planning Commission held a Public Hearing on July 5, 2017, noticing all property owners within 350’ of the subject properties, and publishing notice in the Mounds View – New Brighton Sun Focus on June 23, 2017; and, NOW, THEREFORE, BE IT RESOLVED, based upon the above findings, the information and documents regarding the requested variance, the Staff Report, and testimony of the applicant, and in consideration of public testimony, the Planning Commission does hereby approve a variance, with the following conditions: 1. The fence, up to 6’ in height, shall have an appearance similar to, and location consistent with the photo example and site plan submitted by Outsource Architecture to the City on May 22, 2017, and included within the Staff Report, dated July 5, 2017. 2. The applicant shall obtain a Zoning Permit to construct the fence within one-year of the date of approval of this variance or this variance shall become void, in compliance with Mounds View Municipal Code, Section 1125.02, Subd 5 (Lapse of Variance or Appeal). Adopted this 5th day of July, 2017 Julianne Love, Vice-Chair ATTEST: James Ericson, City Administrator (SEAL) RESOLUTION 1074-17 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION DENYING A VARIANCE TO ALLOW A FENCE, NOT TO EXCEED SIX FEET IN HEIGHT WITHIN THE FRONT YARD OF PROPERTIES LOCATED AT 4821 MUSTANG CIRCLE, AND 4825 MUSTANG CIRCLE (PLANNING CASE MU2017-002) WHEREAS, the City of Mounds View Municipal Code, Section 1103.08, Subd 3 (Location) states that fences not to exceed 48” in height may be located on any part of a lot. Fences not to exceed 96” in height may be erected on any part of a lot behind the front line of the principal building; and, WHEREAS, the applicant, St. Cloud Industrial Products, Inc., has applied for a Variance to construct a fence, up to 72” in height, within a front yard on properties legally described as: PID: 17-30-23-13-0006 Lot 4, Block 1 of Mounds View Industrial Park No. 3 PID: 17-30-23-13-0007 Lot 5, Block 1 of Mounds View Industrial Park No. 3 PID: 17-30-23-13-0008 Lot 6, Block 1 of Mounds View Industrial Park No. 3 WHEREAS, the City of Mounds View Municipal Code, Section 402.01 establishes a Board of Adjustments and Appeals, consisting of all appointed members of the Planning and Zoning Commission; and, Resolution 1074-17 Page 2 WHEREAS, the City of Mounds View Municipal Code, Section 1125.02, Subd 2 establishes criteria for granting of a variance, stating a “variance may be granted only in the event that all of the following circumstances exist:” (Findings in italics) 1. The variance is in harmony with the general purposes and intent of this Title. Findings: The variance request is in harmony with the general purposes and intent of the Mounds View Municipal Code, Title 1100 (Zoning Code). 2. The variance is consistent with the comprehensive plan. Findings: The variance request is not applicable to the Comprehensive Plan. 3. The applicant proposes to use the property in a reasonable manner not permitted by this Title or the City Code. Findings: The variance request is a reasonable use. 4. Unique circumstances apply to the property which do not apply to other properties in the same zone or vicinity and result from lot size or shape, topography or other circumstances over which the owner of the property since the enactment of this Title has had no control. The unique circumstances do not result from the actions of the applicant. Findings: There are no unique circumstances to this property which differ from similar properties within the I-1 Industrial district. A number of industrial properties within the vicinity use their rear yard for outside storage and are enclosed by an 8’ fence, while the front yard is not fenced. One exception is a nearby property (2160 Mustang Dr.), which received a Conditional Use Permit in 1972 allowing a 6’ – 8’ fence within a front yard. The applicant’s (St. Cloud Industrial Products, Inc.) intention for the proposed fence, up to 6’ in height, is to secure items to be stored within the front yard, which could alternatively be stored within the rear yard where fences up to a height of 8’ are permitted. The actions of the applicant, by locating outside storage within the front yard, creates the circumstances necessitating a more secured (taller) fence than the 4’ height limit permitted by City Code, and is not consistent with the Mounds View Municipal Code, Section 1125.02, Subd 2(d) (Criteria for Granting Variances; Unique Circumstances). 5. The variance does not alter the essential character of the neighborhood. Findings: The variance request does not alter the essential character of the neighborhood. 6. The variance requested is the minimum variance which would alleviate the practical difficulties. Economic conditions alone do not constitute practical difficulties. Resolution 1074-17 Page 3 Findings: The proposed fence, up to a height of 6’, is the minimum fence height to deter vandalism and trespassing onto the property. 7. The Board of Adjustment and Appeals may impose such conditions upon the premises benefited by a variance as may be necessary to comply with the standards established by this Title or to reduce or minimize the effect of such variance upon other properties in the neighborhood and to better carry out the intent of the variance. The condition must be directly related to and must bear a rough proportionality to the impact created by the variance. Findings: Not applicable. WHEREAS, the Planning Commission held a Public Hearing on July 5, 2017, noticing all property owners within 350’ of the subject properties, and publishing notice in the Mounds View – New Brighton Sun Focus on June 23, 2017; and, NOW, THEREFORE, BE IT RESOLVED, based upon the above findings, the information and documents regarding the requested variance, the Staff Report, and testimony of the applicant, and in consideration of public testimony, the Planning Commission does hereby DENY the requested variance. Adopted this 5th day of July, 2017 Julianne Love, Vice-Chair ATTEST: James Ericson, City Administrator (SEAL) - DRAFT - PROCEEDINGS OF THE MOUNDS VIEW PLANNING COMMISSION CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting June 21, 2017 Mounds View City Hall 2401 County Road 10, Mounds View, MN 55112 ______________________________________________________________________________ 1. Call to Order The meeting was called to order by Vice Chair Love at 7:00 p.m. for June 21, 2017. ______________________________________________________________________________ 2. Roll Call Members Present: Commissioners French, Klander, Klebsch, Love, Rundle, Schiltgen and Stevenson (arrived at 7:02 p.m.). Absent and Excused: None. Also Present: Planner Jon Sevald. ______________________________________________________________________________ Index to Minutes Page MU2017-002 St. Cloud Industrial Products Conditional Use Permit 1 for Automobile Assembly and/or Major Repair Approval of Minutes 4 _____________________________________________________________________________ 3. Special Order of Business None. 4. Citizens Requests and Comments on Items Not on the Agenda None. ______________________________________________________________________________ 5. Planning Cases A. MU2017-002 St. Cloud Industrial Products, Inc. Mounds View Planning Commission June 21, 2017 Regular Meeting Page 2 ________________________________________________________________________ Resolution 1073-17, Recommending Approval of a Conditional Use Permit for Automobile Assembly and/or Major Repair for property located at 4821 Mustang Circle Planner Sevald stated St. Cloud Industrial Products, Inc. (SCIPI) has purchased three properties with two buildings, located at 4821 and 4825 Mustang Circle. The building located at 4821 Mustang Circle is intended to be used for the customization, maintenance and repair of school buses and commercial vehicles. St. Cloud Industrial Products, Inc. is the parent company of North Central Bus & Equipment, and Parts Midwest. The businesses will be relocating from Minneapolis to Mounds View during the summer of 2017. North Central Bus & Equipment will operate from 4821 Mustang Circle (south building), while Parts Midwest will operate from 4825 Mustang Circle (north building). It was noted these properties were industrial in nature. Staff reviewed the request in further detail and recommended the Planning Commission approve a resolution recommending approval of the Conditional Use Permit. Chair Stevenson questioned how buses would be brought to the site. Jim Schifler, President of St. Cloud Industrial Products, explained the primary use of this facility will be for pre-delivery inspections. He stated he will also do repair work on used buses. Commissioner Klebsch asked how many jobs would be added to the City. Mr. Schifler stated he currently had one supervisor and three mechanics at his Minneapolis facility that will be relocating to Mounds View. He anticipated he would be adding several more mechanics over time. MOTION/SECOND: Commissioner Klebsch/Commissioner Schiltgen. To approve Resolution 1073-17, a Resolution Recommending Approval of the Conditional Use Permit for the property located at 4821 Mustang Circle; Planning Case No. MU2017-002. Ayes – 7 Nays – 0 Motion carried. _____________________________________________________________________________ 6. Other Planning Activity None. ______________________________________________________________________________ 7. Reports A. Upcoming Planning Cases & Activity Planner Sevald discussed upcoming planning cases noting the items the Planning Commission would discuss on July 5th. Chair Stevenson asked if the Planning Commission would have a quorum on July 5th. After polling the Planning Commission members, it appeared only four members would be in Mounds View Planning Commission June 21, 2017 Regular Meeting Page 3 ________________________________________________________________________ attendance on July 5th. Planner Sevald explained the variance scheduled for July 5th would have to be continued to July 19th if only four members were present, as a variance approval required a vote of five. B. Staff Updates Planner Sevald provided the Commission with an update from staff. C. Council Updates Planner Sevald provided the Planning Commission with an update from the City Council. He noted the Council approved a Development Review for 4821 Mustang Cir., discussing additional plantings as recommended by the Planning Commission. He explained the Council accepted a bid to mill and overlay the City Hall parking lot. D. Planning Commissioner Reports None. 8. Approval of Minutes June 7, 2017. MOTION/SECOND: Commissioner Rundle/Commissioner Klebsch. To approve the Minutes of the June 7, 2017 regular Planning Commission meetings as presented. Ayes – 7 Nays – 0 Motion carried. 9. Next Planning Commission Meeting: A. Wednesday, July 5, 2017 B. Wednesday, July 19, 2017 ______________________________________________________________________________ 10. Adjournment There being no further business before the Planning Commission, Chair Stevenson adjourned the meeting at 7:25 p.m. ______________________________________________________________________________ Respectfully submitted, Mounds View Planning Commission June 21, 2017 Regular Meeting Page 4 ________________________________________________________________________ Jon Sevald Planner Transcribed by: Heidi Guenther TimeSaver Off Site Secretarial, Inc.