HomeMy WebLinkAbout02-03-2016Item No: 7A
Meeting Date: February 3, 2016
Type of Business: Other Planning Activity
City of Mounds View Staff Report
To: Mounds View Planning Commission
From: James Ericson, City Administrator
Item Title/Subject: Review the Planning and Zoning Commission Bylaws
Introduction:
The Planning Commission’s Bylaws state that the Commission shall review the Bylaws on an
annual basis, at the first regular meeting in February.
Discussion:
The Planning Commission should review the attached Bylaws. Staff is not aware of required
revisions and is not proposing any changes to the Bylaws.
The last time the Planning Commission amended the Bylaws was in January of 2007. The
last change was about the number of absences a commissioner may have in a given year.
Recommendation:
Adopt the Bylaws for the Planning Commission. If the Commission does not make any
amendments or modifications to the Bylaws, then the Commission may readopt them by
motion.
Sincerely,
____________________
James Ericson
City Administrator
Attachment
Planning and Zoning Commission Bylaws
CITY OF MOUNDS VIEW
PLANNING AND ZONING COMMISSION BYLAWS
(Revised January 24, 2007)
I. AUTHORITY: The Bylaws of the Mounds View Planning and Zoning Commission
(Bylaws) are established in accordance with the Mounds View Municipal Code
Section 401.06. Subd. 7 “The Commission shall adopt bylaws for its governance and
for the transaction of its business.” Where there is a conflict between the provisions
of the Bylaws and the provisions of the City Charter and the Municipal Code, the
provisions of the City Charter and the Municipal Code shall govern. (For purposes of
simplicity, the Planning and Zoning Commission may hereinafter be referred to as the
Planning Commission or the Commission.)
II. ADOPTION OF BYLAWS; REVIEW AND AMENDMENT:
A. ADOPTION AND AMENDMENT: The Bylaws shall be adopted by Resolution by
an affirmative vote of the majority of members of the Planning and Zoning
Commission appointed as voting members, and shall be placed on file with the
City Clerk-Administrator and the Community Development Department. A copy
of the bylaws shall be forwarded to the City Council for its information. Any
amendments to the Bylaws shall be adopted by Resolution in the same manner
as the original Bylaws.
B. ANNUAL REVIEW: The Bylaws shall be reviewed on an annual basis at the first
regular meeting of the Commission in February.
III. MEMBERSHIP AND VACANCIES. Vacancies on the Planning Commission shall be
filled in accordance with the Municipal Code, Sections 401.02 and 401.03.
IV. OFFICERS
A. OFFICERS NAMED: The officers of the Planning Commission shall consist of
a chairperson and vice-chairperson. The Commission may create and fill such
other offices from its members, as it may determine, to transact Commission
business. In addition, the Director of Community Development, or his or her
designee, shall act as the recording secretary for the Commission for purpose
of preparing meeting minutes.
EXHIBIT A
City of Mounds View
Planning and Zoning Commission - Bylaws Page 2
B. ELECTIONS; TERMS
1. Chairperson: At the first meeting in January, the Commission shall conduct
an election in order to make its recommendation for the chairperson,
following the procedure in Section IV.B.3. The name of the person
recommended for chairperson shall be forwarded to the City Council for
action at its next meeting in January. Based upon the recommendation of
the Planning Commission, the Mayor, with the approval of the City Council,
shall appoint the chairperson of the Commission each year.
2. Vice-Chairperson: The Planning Commission shall elect a vice-chairperson
each year at its first meeting in January, following the procedure in Section
IV.B.3.
3. Election Procedure: For each office, the chairperson shall invite nominations
from Planning Commission members. After nominations have been
received, the chairperson shall entertain a motion to close nominations. If
such motion is made and passed, and more than one nomination has been
made, the chairperson shall distribute ballots to the Commission members
and each member shall write his or her selection on the ballot. The
recording secretary shall tally the ballots and announce the nominee
receiving the most votes. In the event of a tie, the recording secretary shall
announce the nominees tied in the voting and balloting shall be repeated
until an election occurs. If only one nomination has been received, the
chairperson may conduct the voting by voice vote. If a majority of the
members present vote in the affirmative for the nominee, the nominee shall
be elected.
4. Assumption of Duties: The Chairperson and Vice Chairperson shall assume
office at the first meeting in February of each year.
5. Term of Office: The chairperson and vice chairperson shall serve one year
terms, and may be re-elected to additional terms in accordance with this
Section IV.B.
C. DUTIES OF OFFICERS: The chairperson shall preside over the meetings of the
Planning Commission, and shall have the authority to add or cancel regular
meetings and to call special meetings as provided in Section VI. The Chair
shall have the authority to redirect public comment unrelated to the
Commission’s business to the most appropriate City commission or to the City
Council. The vice chairperson shall assume the duties of the chairperson, in
the absence of the chairperson. In the event of the absence of both the
chairperson and vice-chairperson, those members present shall elect a
temporary chairperson to preside over the meeting.
City of Mounds View
Planning and Zoning Commission - Bylaws Page 3
V. COUNCIL LIAISON: The City Council may appoint from among its members a
Liaison to the Commission on an annual basis. It is expected that the Council Liaison
will attend the Commission meetings on a regular basis. In the event of the absence
of the Council Liaison at a Commission meeting, a Commission member may be
appointed by the chairperson to represent the Planning Commission at the next
regular City Council meeting or at the meeting where the City Council will be
considering the planning cases acted upon by the Planning Commission in the
absence of the Council Liaison.
VI. MEETINGS
A. TYPES OF MEETINGS; SCHEDULE: The annual meeting schedule of the
Commission shall be adopted by Resolution at the first regular meeting in
December for the following year.
1. Regular Meetings: Subject to the adopted meeting schedule, the
Commission’s regular meetings will occur on the first and third Wednesdays
of each month for the purpose of convening public hearings, making
recommendations to the City Council, conducting business which requires a
vote of the Commission, convening as the Board of Adjustment and Appeals,
conducting long-range planning functions and other official business.
2. Agenda Sessions: An Agenda Session is an informal session of the
Planning Commission, typically held immediately following adjournment of a
Regular or Special meeting, at which time the Planning Commission may
review minutes, informally review proposed or pending planning cases or
ordinance amendments, discuss previous actions of the City Council or other
Commissions, and to perform other matters not requiring a vote of the
Commission.
3. Special Meetings: From time to time, special meetings may be called in
order to process significant caseloads, to review works in progress such as
comprehensive plan updates or municipal code revisions, or to undertake a
retreat or strategic planning session, either amongst itself or in the company
of the City Council or other commissions. Special meetings can be proposed
by any Commission member or at the request of the Director of Community
Development, yet must be approved by a majority vote of the Commission.
4. Emergency Special Meetings. Emergency special meetings can be called
via written notice to the Director of Community Development by the
Chairperson or two Commission members, or by the Director of Community
Development. (Emergency special meetings are those in which the subject
matter is of such an immediate concern that it cannot be delayed until the
next regular meeting of the Planning Commission.) The Director of
Community Development shall post and mail a notice of any special meeting
City of Mounds View
Planning and Zoning Commission - Bylaws Page 4
in accordance with State Statutes. Planning Commission members shall be
notified by telephone and in writing, if possible, at least seven days prior to a
special meeting.
5. Cancellation of Meetings: Regular or special meetings may be canceled by
the chairperson or Community Development Director in the event that there
are no items of business requiring the attention of the Commission, or for
lack of a quorum, or in response to inclement weather or for any other good
and sufficient reason. Members of the Commission shall be notified by
telephone of any meeting cancellation. A notice of the meeting cancellation
shall be posted as required by State Statutes.
B. QUORUM: A majority of the number of voting members appointed to the
Commission shall constitute a quorum.
C. CONDUCT OF MEETINGS; ADJOURNMENT
1. Meeting Chairperson: If neither the chairperson nor the vice chairperson is
present to conduct a meeting of the Planning Commission, the Planning
Commission may elect a meeting chair from among those members present
prior to the commencement of business. The election shall follow the
procedures set forth in Section IV.B.3, except that the Community
Development Director, or his or her designee, shall conduct the election.
2. Open Meeting Law: Meetings shall be conducted in accordance with the
State of Minnesota Open Meeting Law (Minn. Statutes 471.705).
3. Adjournment: Meetings shall adjourn at or before 11:00 p.m. unless a two-
thirds majority of the members present agree to extend the time of
adjournment. If there is no objection, the Chairperson may declare the
meeting adjourned without the necessity of a motion or vote by the
Commission.
D. MINUTES: Minutes shall be recorded for regular meetings and each
commission member shall receive a copy of the unapproved minutes for review
and approval at a succeeding meeting. Minutes shall be approved by motion.
Approved minutes shall be the official record of the business conducted and
actions taken by the Planning Commission. Commission members may request
copies of approved minutes after they have been corrected, if necessary, and
signed as approved. Copies of the approved minutes shall be filed with the
Community Development Department. Unapproved minutes shall be clearly
marked “DRAFT”; approved minutes shall be marked “APPROVED”. A policy
statement regarding the content and format of the minutes shall be on file with
the Director of Community Development which may be reviewed from time to
time as needed.
City of Mounds View
Planning and Zoning Commission - Bylaws Page 5
VII. INFORMATIONAL PACKETS: Each Commissioner shall receive a staff report, plans
and additional information, as appropriate, for each item placed on the agenda for
any regular or special meeting. The Commission packet should be delivered at least
four days prior to the meeting. Each Commissioner is responsible for reviewing the
material within the packet prior to the meeting.
VIII. PROFESSIONAL CONSULTANTS: Advice from, consultation with, and/or requests
for review by the City Attorney, City Engineer, City Planning Agency, or other paid
consultants shall be in accordance with the Municipal Code, Section 401.07.
IX. SUPPLEMENTARY PUBLICATIONS: All Commission members shall receive a copy
of the Mounds View Municipal Code and a copy of the Municipal Comprehensive
Plan as well as other materials provided by the City Council or City Staff. These
materials shall be retained by each commission member and returned to the
Community Development Director upon the member’s resignation or termination of
appointment.
X. CONDUCT OF MEMBERS
A. ATTENDANCE: Commission members shall advise the designated Staff
member or the Commission chairperson of an anticipated absence from any
regularly scheduled Planning Commission meeting. Any member absent from
three consecutive regularly scheduled meetings or more than six regularly
scheduled meetings per year without the consent of the Commission shall be
deemed to have vacated the office, and such vacancy shall be filled by the City
Council pursuant to Section 401.03, Subd. 1. A leave of absence may be
granted by the consent of the Commission.
B. CONFLICT OF INTEREST:
1. General Standard: No Commissioner shall be appointed with private or
personal interests likely to conflict with the general public interest. If any
person appointed to the Commission shall find that their private or personal
interests are involved in any matter coming before the Commission, they
shall disqualify themselves from taking part in any discussion or action on the
matter; alternatively, they may be disqualified by a two-thirds (2/3) majority
vote of the Commissioners in attendance.
2. Conflict Due to Economic Interests: A Commissioner has a conflict of
interest if, in his or her discharge of official duties, would be required to take
an action or make a decision that would substantially affect the
Commissioner’s financial interests or those of an associated business,
unless the effect on the Commissioner is no greater than on other members
of the Commissioner’s business classification, profession, or occupation. In
the event a conflict of interest exists with respect to a particular matter before
the Commission, the Commissioner shall disqualify himself or herself from
taking part in any discussion or action on the matter.
C. EX PARTE CONTACTS: Ex parte contacts are contacts between individuals
seeking to influence the decisions of the Planning Commission and individual
Commission members outside the meeting forum. Such contacts include
meetings with project proponents, residents, property owners, and citizens
separate from Commission meetings, communication between Commission
members outside the meeting forum, telephone calls or letters which attempt to
influence a Commissioner’s opinion on a matter which will be subject to the
Commissioner’s vote. When the Planning Commission is involved in a matter
which is to be heard and decided by the Commission (e.g. variances), Planning
Commissioners shall indicate to the person contacting them that such contact is
inappropriate and all testimony needs to be offered at the hearing to ensure a
fair hearing for all parties. In all other cases, Planning Commissioners should
discourage such contacts and should avoid expressing any opinion as to the
merits of the case. When ex parte contacts occur, the Planning Commissioner
is responsible for notifying the Community Development Director, and for
conveying the substance of the communication at the next commission meeting
at which the matter discussed is under consideration.
_______________________________________
Gary Stevenson, Chairperson
ATTEST:
_______________________________________
James Ericson, City Administrator
Revision History:
January 24, 2007
September 1, 2004
February 21, 2001
February 2, 2000
March 5, 1997
February 3, 1993
October 1990
D R A F T
PROCEEDINGS OF THE MOUNDS VIEW PLANNING COMMISSION
CITY OF MOUNDS VIEW
RAMSEY COUNTY, MINNESOTA
Regular Meeting
January 6, 2016
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 Schiltgen at 7:02 p.m. for January 6, 2016.
______________________________________________________________________________
2. Roll Call
Members Present: Commissioners French, Klebsch, Love, Rundle, and Schiltgen.
Absent and Excused: Commissioners Klander and Stevenson.
Also Present: City Administrator Jim Ericson and Council Member Gary Meehlhause.
______________________________________________________________________________
Index to Minutes Page
Special Order of Business 1
Approval of Minutes 2
____________________________________________________________________________
3. Special Order of Business
A. Oath of Office for New and Reappointed Commissioners
City Administrator Ericson administered the Oath of Office to newly appointed Planning
Commission members Jason French and Angelica Klebsch and reappointed Planning
Commission member Paul Schiltgen.
B. Election of Officers – Chair and Vice-Chair
City Administrator Ericson requested the Planning Commission elect a Chair and Vice-Chair for
2016.
Commissioner Love nominated Gary Stevenson as Chair of the Planning Commission
Mounds View Planning Commission January 6, 2016
Regular Meeting Page 2
D R A F T
______________________________________________________________________________
Vice Chair Schiltgen nominated Julianne Love as Vice Chair of the Planning Commission.
MOTION/SECOND: Commissioner Rundle/Commissioner Klebsch. To Elect Gary Stevenson
as the Chair of the Planning Commission for 2016.
Ayes – 5 Nays – 0 Motion carried.
MOTION/SECOND: Commissioner Rundle/Commissioner Klebsch. To Elect Julianne Love as
the Vice Chair of the Planning Commission for 2016.
Ayes – 5 Nays – 0 Motion carried.
4. Approval of Minutes
December 16, 2015.
MOTION/SECOND: Commissioner Rundle/Commissioner Schiltgen. To approve the Minutes
of the December 16, 2015 regular Planning Commission meetings as presented.
Ayes – 5 Nays – 0 Motion carried.
5. Citizens Requests and Comments on Items Not on the Agenda
None.
______________________________________________________________________________
6. Planning Cases
None.
_____________________________________________________________________________
7. Other Planning Activity
None.
______________________________________________________________________________
8. Reports
A. Upcoming Planning Cases
Mounds View Planning Commission January 6, 2016
Regular Meeting Page 3
D R A F T
______________________________________________________________________________
City Administrator Ericson discussed upcoming planning cases. He reported staff continues to
negotiate with The Beard Group on the Steeple Pointe property. He noted a development
agreement was being drafted by the City with the assistance of the City Attorney. He explained
there were no items for the Planning Commission to discuss on January 20th and for this reason,
he recommended this meeting be canceled.
B. Staff Updates
City Administrator Ericson provided the Commission with an update from staff. He explained
the City had interviewed a number of candidates for the Planner position and an offer has been
made to the top candidate. He anticipated the new employee would be working for the City on
February 1st.
C. Council Updates
Council Member Meehlhause provided the Planning Commission with an update from the City
Council. He welcomed newly appointed commission members Angelica Klebsch and Jason
French to the Planning Commission. He discussed the energy efficient measures the City was
taking to install LED and solar panels. He encouraged residents to nominate candidates for
Citizen of the Year. He reported applications for this honor were due Friday, January 29th. He
noted that individuals that work in Mounds View were now eligible for nomination.
Council Member Meehlhause discussed the future plans for the public works facility. He
provided further comment on a recent survey conducted on behalf of the City regarding
organized garbage collection. He explained the survey found that the majority of Mounds View
residents opposed the idea of organized collection. He commented on the pros and cons of
organized garbage collection.
Vice Chair Schiltgen asked if the survey results would be available to Mounds View residents.
City Administrator Ericson indicated the results would be posted on the City’s website.
Commissioner Klebsch questioned how the service levels would be determined for Mounds
View residents. Council Member Meehlhause anticipated that the Council would have to discuss
this matter further in order to find the proper level of services to meet the communities’ needs.
Vice Chair Schiltgen inquired if garbage rates would drop if the City were to have organized
collection. Council Member Meehlhause believed this to be the case.
D. Planning Commissioner Reports
None.
Mounds View Planning Commission January 6, 2016
Regular Meeting Page 4
D R A F T
______________________________________________________________________________
9. Next Planning Commission Meeting:
A. Wednesday, February 3, 2016
B. Wednesday, February 17, 2016
______________________________________________________________________________
10. Adjournment
There being no further business before the Planning Commission, Vice Chair Schiltgen
adjourned the meeting at 7:34 p.m.
______________________________________________________________________________
Respectfully submitted,
_______________________
James Ericson
City Administrator
Transcribed by:
Heidi Guenther
TimeSaver Off Site Secretarial, Inc.
Item No: 5A
Meeting Date: February 3, 2016
Type of Business: Planning Case
City of Mounds View Staff Report
To: Mounds View Planning Commission
From: James Ericson, City Administrator
Item Title/Subject: Public Hearing - Consideration of a Variance for a Reduced
Driveway Setback at 2200 Hillview Road;
Planning Case VR2016-001
Introduction:
The applicant, Jim Cigelski, representing property owners Joe and Gina Diekman, is requesting
approval of a variance for a reduced driveway setback at 2200 Hillview Road. The applicant
replaced the Diekman’s driveway in 2015 and was told after the work had been completed that
the driveway was too close to the property line by a foot and a half. (Required setback is five
feet.) Mr. Cigelski contends that the driveway was replaced in the same place as the original
driveway. A review of historical aerial overlays would seem to support this statement. Rather
than remove part of the driveway, the applicant and the owners are requesting a variance to allow
the driveway to remain in place as is. The previous driveway appears to have been located with
a 3.5-foot setback. The adjoining property at 2192 Hillview Road also has a driveway with a 3.5-
foot setback.
Discussion:
The Zoning Code states that the Planning Commission may issue a variance to provide relief to
the property owner in those cases where the Code imposes “practical difficulties” to the property
owner in the use of the property owner’s land. This is true for all variance requests. State
statutes require that the governing body review a set of specified criteria for each application and
make its decision in accordance with these criteria. These criteria are set forth in Section
1125.02, Subdivision 2, of the City Code. A variance may be granted only in the event that all of
the following circumstances exist:
a. The variance is in harmony with the general purposes and intent of these regulations.
The zoning code requires minimum building setbacks for aesthetics and to provide separation
and some sense of privacy between neighbors. There are many older driveways in the
community that do not satisfy the current setback requirements. When these driveways are
reconstructed, our policy is that the new driveway be brought into compliance with the City Code.
In some cases, compliance is not easily achieved. While compliance is possible in this case, a
reduced setback would certainly not be inharmonious with the regulations, given that the
adjoining driveway is also set back 3.5 feet from the property line.
2200 Hillview Road Variance Report
February 3, 2016
Page 2
b. The variance is consistent with the Comprehensive Plan.
The Comprehensive Plan does not specify setback criteria, but it does support improvements to
properties. The request would not appear to be inconsistent with the Comprehensive Plan.
c. The applicant proposes to use the property in a reasonable manner not permitted by this
Title or the City Code.
The driveway itself is a permitted use and is otherwise compliant with the city code but for the
reduced setback. The reduced setback requested after-the-fact is not an unreasonable request.
d. 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.
There are no unique circumstances pertaining to this property as they may relate to the location
of the driveway, except that both driveways (the subject driveway and the adjoining driveway)
both have a reduced setback. There is no record of previous variances or allowances granted.
One could assert that the circumstances do not result from the actions of the property owners.
e. The variance does not alter the essential character of the neighborhood.
The neighborhood consists of smaller lots with smaller homes and narrow driveways. The
requested variance would not alter the essential character of the neighborhood and matches up
nicely with the adjoining driveway.
f. The variance requested is the minimum variance which would alleviate the practical
difficulties. Economic conditions alone do not constitute practical difficulties.
The 1.5-foot variance is the minimum variance needed in order to keep the newly installed
driveway in place.
g. The Planning Commission 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.
There are no conditions which would seem to be directly related to this request; as such, staff
would not recommend imposing any conditions.
2200 Hillview Road Variance Report
February 3, 2016
Page 3
Public Hearing:
As with any requested variance, this application requires a public hearing. Staff mailed notices to
all property owners within 350 feet of the subject property and a notice was published in the Sun
Focus newspaper on Friday, January 22, 2016. Staff has not received any feedback in response
to the variance request, as of Friday, January 29, 2016.
Recommendation:
After taking testimony from staff, the applicant, the property owners and affected neighbors, the
Commission may take any of the following actions below related to the requests. Staff
recommends approval of this variance.
1. Approval of the Variance as requested. Staff has prepared Resolution 1041-16 that
approves the variance if the Commission chooses this action.
2. Choose to deny the variance. If the Commission chooses this option, Staff would need
direction from the Planning Commission to prepare a resolution of denial with findings of
fact to support the denial.
3. Table the request. If the Planning Commission needs more information before making a
decision or if they decide that there is need for more discussion, the Commission can simply
move to table the request until such information has been provided. Because of 60-day
requirements, the Commission would need to act upon the request as soon as reasonably
possible to avoid an inadvertent approval.
Respectfully submitted,
________________________
James Ericson
City Administrator
Attachments:
1. Application
2. Zoning Map
3. Aerial View
4. Site Plan
5. Google Street View Photo
6. Resolution 1041-16
Planning Application
Zoning Map
* Properties not indicated with a designation are zoned R-1, Single Family Residential
N
Detail Area
N
Aerial View
Site Plan
Photo
Location and
appearance of
driveway prior to
reconstruction
MOUNDS VIEW PLANNING COMMISSION
RESOLUTION NO. 1041-16
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION APPROVING A VARIANCE FOR A REDUCED DRIVEWAY SETBACK AT
2200 HILLVIEW ROAD; PLANNING CASE VR2016-001
WHEREAS, applicant Jim Cigelski, representing property owners Joe and Gina
Diekman, has applied for a variance to permit a driveway to have a 3.5-foot setback from the
east property line; and,
WHEREAS, the subject property, located at 2200 Hillview Road is zoned R-1, Single
Family Residential, and is legally described as follows:
Lot 3, Block 6, Pinewood Terrace
PIN 05-30-23-43-0003
WHEREAS, the Mounds View Planning Commission has reviewed the following
documents regarding this proposal:
1. Application
2. Zoning Map
3. Aerial View
4. Photographic Documentation
5. Site Plan
6. Staff Report
WHEREAS, Section 1104.01 Subd. 4a(1) of the Mounds View Zoning Code indicates
that driveways shall be set back at least five feet; and,
WHEREAS, the applicant has applied for a variance to allow the driveway to have a
three and a half (3.5) foot 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,
Resolution 1041-16
Page 2
WHEREAS, the Planning Commission held a duly-noticed public hearing regarding this
request on February 3, 2016; 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, that 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 2200 Hillview Road, 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 improvements for safety, aesthetics and a sense of privacy for the
property owners. The new driveway is in the same spot as the previous driveway and
will have the same setback as the adjoining property’s driveway.
2. The variance is not inconsistent with the Comprehensive Plan in that the applicant is
improving the property.
3. The driveway itself is a permitted use and is otherwise compliant with the city code but
for the reduced setback. The reduced setback requested after-the-fact is not an
unreasonable request given the pre-existing conditions.
4. The circumstances associated with this request do not result from the actions of the
property owners. The driveway was replaced in the same location as the original
driveway, matching the setback of the driveway adjacent to the subject property.
5. There will be no change to the existing character of the neighborhood since the
driveways have been existing for decades. The new driveway is an improvement to the
neighborhood.
6. The variance for a three and a half foot setback is the minimum variance required to
alleviate the applicant’s practical difficulty.
7. While the Planning Commission may impose reasonable conditions as may be
necessary to comply with city standards and to minimize the effect of such variance
upon other properties in the neighborhood, none are suggested in this case.
Resolution 1041-16
Page 3
NOW, THEREFORE, BE IT FINALLY RESOLVED, the Mounds View Planning
Commission, based upon the above findings, approves the variance request of Jim Cigelski,
representing Joe and Gina Diekman, property owners of 2200 Hillview Road, to allow a
driveway to have a three and a half (3.5) foot setback.
Adopted this 3rd day of February, 2016.
________________________________
Gary Stevenson, Chair
ATTEST:
________________________________
James Ericson, City Administrator
(SEAL)