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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)