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HomeMy WebLinkAbout05-18-2016 PLANNING COMMISSION REGULAR MEETING AGENDA May 18, 2016 -- 7:00 P.M. 1. Call to Order 2. Roll Call 3. Special Order of Business (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. Consider Resolution 1048-16, a Resolution recommending approval of a Conditional Use Permit for a Dynamic Display Sign at 2848 Co Rd H2; Planning Case MU2016-001 (CU2016-002). B. PUBLIC HEARING Consider Resolution 1049-16, a Resolution approving a Variance for a ground sign encroaching within the 30’ sight triangle, and less than 15’ setback from a property line, to be located at 2848 Co Rd H2; Planning Case MU2016-001 (VR2016-002). C. PUBLIC HEARING Consider Resolution 1050-16, a Resolution denying a Variance for use of non-amber colors on a Ground Sign with a Dynamic Display, to be located at 2848 Co Rd H2; Planning Case MU2016-001 (VR2016-003). D. Consider Resolution 1051-16, A Resolution approving an extension of a Variance for reduced driveway setbacks at 5338-5340 Raymond Ave; Planning Case VR2011-002. 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: April 20, 2016 9. Next Planning Commission Meetings: A. Wednesday, June 1, 2016 B. Wednesday, June 15, 2016 10. Meeting Conclusion Item No: 5A Meeting Date: May 18, 2016 Type of Business: Planning Case MU2016-001 To: Mounds View Planning Commission From: Jon Sevald, Planner Re: Consider Resolution 1048-16, a Resolution recommending approval of a Conditional Use Permit for a Dynamic Display Sign at 2848 Co Rd H2; Planning Case MU2016-001 (CU2016-002) Date: May 18, 2016 Introduction Messiah Lutheran Church would like to replace their existing 8’ X 4’ ground sign at the corner of Co Rd H2 and Knollwood Dr. with an 8’ X 5’ multi-colored Dynamic Display sign at the same location. The existing sign encroaches into the 30’ sight triangle, and is therefore a non-conforming structure. Dynamic Display signs are a permitted use in the B-2, B-3, B-4, and Commercial PUD districts (Section 1008.10, Subd 9(c)(1). Such signs for schools, churches, places of worship or other institutional uses require a Conditional Use Permit (CUP) in other districts (Section 1008.10, Subd 9(c)(2). Further, if within a residential district, such signs are limited to the use of amber colored lights (Section 1008.10, Subd 9(c)(2)(b). Messiah Lutheran Church has applied for three permits (CUP; Variance to setback; and Variance for non-amber color). The permits may be discussed together, but must be acted upon separately (separate Public Hearings). The City Council will conduct the Public Hearing for the CUP. The Planning Commission, acting as the Board of Adjustment, will conduct the Public Hearings for the Variances. Discussion A Dynamic Display sign features an animated message area using an internal lighting source (e.g. LED, LCD, CRT, Plasma). Within Mounds View, Dynamic Display signs (excluding billboards) may be found at: CVS Holiday Station City Hall McDonald’s The Mermaid Walgreens Super America Cenex Abby Carpet Sysco M E M O Item No: 5A Meeting Date: May 18, 2016 Type of Business: Planning Case MU2016-001 Analysis A dynamic display may be incorporated into a ground, pylon, or wall sign, or billboard. Dynamic Display signs are regulated extensively under Section 1008.10, Subd 9 of the City Code, and are included as an attachment. The following are applicable restrictions for a ground sign with a dynamic display in the R-1 district for a school, church, place of worship or other institutional use: Maximum sign size: 100 sq ft1 Proposed sign size: 8’ X 5’–2” 41.3 sq ft • No ground sign shall exceed 40 sq ft if within 100’ of any single-family residence (nearest single-family residence is about 174’ away, and nearest two-family residence is about 124’ away). • The dynamic display portion of the sign shall not exceed 50% of the total sign area (50% is proposed). • The sign message shall not change more frequently than 4 second increments. • The sign message shall not flash, blink, or move, and shall not include any video images, nor shall the sign create a traffic hazard. • The sign brightness is limited to 7,500 Nits during daytime hours; and 500 Nits during nighttime hours. • The sign shall have an ambient light monitor, automatically adjusting brightness based on light conditions. If malfunctioning, the sign must include an automatic shut-off, or will freeze the sign image. A condition of CUP approval is that the applicant obtains a Sign Permit, complying with all applicable city code regulations. A Public Hearing Notice was published in the New Brighton/Mounds View Sun Focus on May 13, 2016, and mailed to property owners within 350’ of the subject property. Summary Messiah Lutheran Church proposes to replace their existing ground sign at the corner of Co Rd H2 and Knollwood Dr. with a new ground sign featuring a multi-colored Dynamic Display, requiring (1) CUP for a Dynamic Display in a non-business district; (2) Variance to locate the sign within the 30’ sight triangle setback and less than 15’ setback from a property line; and (3) Variance to allow a non-amber color on the dynamic display. This project may be discussed as one conversation. However, each application requires a separate Public Hearing, and separate action (approval/denial). 1 Section 1008.11, Subd 1(b) Item No: 5A Meeting Date: May 18, 2016 Type of Business: Planning Case MU2016-001 Recommendation Staff recommends approval of Resolution 1048-16, a Resolution recommending approval of a Conditional Use Permit for a Dynamic Display Sign at 2848 Co Rd H2; Planning Case MU2016-001 (CU2016-002). The Planning Commission is requested to consider the following options: 1. Resolution 1048-16, recommending approval of the Conditional Use Permit as attached, if the Commission chooses this action. 2. The Planning Commission may choose to recommend denial of the Conditional Use Permit. If the Commission chooses this option, Staff would need to be directed to draft a resolution of denial with findings of fact appropriate to support the denial. 3. Table the request. 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: June 15, 2016), the Commission would need to act upon the request as soon as reasonably possible to avoid an inadvertent approval. Respectfully, Jon Sevald, AICP Planner Attachments: Application and submitted material Section 1008.10, Subd 9 (Dynamic Display Signs) Location Map Site Photos Resolution 1048-16 Item No: 5A Meeting Date: May 18, 2016 Type of Business: Planning Case MU2016-001 Location Map 30’ Sight Triangle Setback Figure 1: 30' sight triangle setback drawn in blue. Item No: 5A Meeting Date: May 18, 2016 Type of Business: Planning Case MU2016-001 Site Photos (April 19, 2016) Figure 2: photo taken from the NW corner of Co Rd H2 & Knollwood Dr., looking SE. Figure 3: photo taken from Knollwood Dr., looking NE. Figure 4: photo taken from Co Rd H2, looking SW. MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 1048-16 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF A CONDITIONAL USE PERMIT FOR A DYNAMIC DISPLAY SIGN LOCATED AT 2848 Co Rd H2 (MESSIAH LUTHERAN CHURCH); PLANNING CASE NO. MU2016-001 (CU2016-002) WHEREAS, Messiah Lutheran Church, represented by Kurt Klaus, has applied for a Conditional Use Permit for a Dynamic Display sign at Messiah Lutheran Church, located at 2848 Co Rd H2; and, WHEREAS, the subject property is zoned R-1, Single-Family Residential, and has a Comprehensive Plan future Land Use Map designation of Church; and, WHEREAS, the Mounds View City Code allows Dynamic Display signs to be located on the sites of schools, churches, places of worship or other institutional land uses, not zoned B-2, B-3, B-4, or Commercial PUD, subject to a Conditional Use Permit; and, WHEREAS, the Mounds View Staff and the Planning Commission have reviewed the zoning requirements associated with the Dynamic Display Sign in the R-1 district, and find that all conditions are satisfied by this request. NOW, THEREFORE, BE IT RESOLVED, that the Mounds View Planning Commission makes the following findings of fact about the Conditional Use Permit request: 1. The use will not create an excessive burden on existing parks, schools, streets and other public facilities and utilities which serve or are proposed to serve the area. 2. The structure and site shall have an appearance that will not have an adverse effect upon adjacent residential properties. 3. The use, in the opinion of the Planning Commission, is reasonably related to the overall needs of the City and to the existing land use. 4. The use is consistent with the purposes of the Zoning Code and the purposes of the zoning district in which the applicant intends to locate the proposed Resolution 1048-16 Page 2 of 3 use. 5. The use is not in conflict with the Comprehensive Plan of the City. 6. The use will not cause traffic hazards or congestion. 7. Adequate utilities, access roads, drainage and necessary facilities have been or will be provided. NOW, THEREFORE, BE IT FURTHER RESOLVED that the Mounds View Planning Commission recommends approval of the Conditional Use Permit for a Dynamic Display sign at the Messiah Lutheran Church, located at 2848 County Road H2, with conditions as follows: 1. The applicant shall obtain a sign permit for a Ground Sign with a Dynamic Display, and comply with all requirements as stipulated in the City Code, Section 1008.09 (General Location, Design and Construction Standards); and Section 1008.10, Subd 9 (Dynamic Display Signs). Such requirements include, but are not limited to the following: A. The maximum height shall be 8’. B. The maximum sign area shall be consistent with the plans submitted by the applicant, dated April 15, 2016, and May 4, 2016 (about 41.3 sq ft), unless located within 100’ of a single-family residence, in which case the maximum sign area shall be 40 sq ft. C. The dynamic display area shall be a maximum of 50% of the total sign area. D. The dynamic display message shall not flash, blink, or move and shall not include any video images or content. E. The dynamic display message shall not change more frequently than four second increments. F. The dynamic display sign shall have an ambient light monitor and shall automatically adjust the brightness level of the sign based on light conditions. G. The dynamic display sign shall have a monitoring system, able to automatically freeze the message or turn the message off, if malfunctioning. H. The dynamic display sign shall not exceed 7,500 Nits during daytime hours, and 500 Nits during nighttime hours, and shall not interfere with the effectiveness of an official traffic sign, device, or signal; and shall not impair the vision of a motor vehicle driver with average eyesight. Resolution 1048-16 Page 3 of 3 I. The dynamic display sign shall not cause glare, disturbance or other problems to any residential properties or land uses. 2. The location of the Dynamic Display sign shall comply with City Code, unless a Variance is approved to encroach into yard setbacks. 3. The color of the Dynamic Display sign shall be amber, unless a Variance is approved for non-amber colors. 4. The City may review the Conditional Use Permit at any time if problems arise that would necessitate revision or termination of the permit. 5. The Conditional Use Permit will become null and void if the property owner fails to meet the provisions of the permit, or if the structure is removed for more than a one-year period. BE IT FINALLY RESOLVED that the Mounds View Planning Commission directs staff to forward this resolution to the City Council before approval of the minutes. Adopted this 18th day of May, 2016. _____________________________________ Gary Stevenson, Chairperson ATTEST: ____________________________________ James Ericson, City Administrator (SEAL) Item No: 5B Meeting Date: May 18, 2016 Type of Business: Planning Case MU2016-001 To: Mounds View Planning Commission From: Jon Sevald, Planner Re: Consider Resolution 1049-16, a Resolution approving a Variance for a ground sign encroaching within the 30’ sight triangle, and less than 15’ setback from a property line, to be located at 2848 Co Rd H2; Planning Case MU2016-001 (VR2016-002). Date: May 18, 2016 Introduction Messiah Lutheran Church would like to replace their existing 8’ X 4’ ground sign at the corner of Co Rd H2 and Knollwood Dr. with an 8’ X 5’ multi-colored Dynamic Display sign at the same location. The existing sign encroaches into the 30’ sight triangle, and is less than 15’ setback from a property line (approximately 14’ from Knollwood Dr. ROW), and is therefore a non-conforming structure. Messiah Lutheran Church has applied for three permits: (1) Conditional Use Permit (CUP) for a Dynamic Display Sign in a non-business district; (2) Variance to setback; and (3) Variance for non-amber color. The permits may be discussed together, but must be acted upon separately (separate Public Hearings). The City Council will conduct the Public Hearing for the CUP. The Planning Commission, acting as the Board of Adjustment, will conduct the Public Hearings for the Variances. Discussion Signs must be setback a minimum of 15’ from the property line, and cannot be within the sight triangle of a street intersection. The sight triangle is an area, 30’ from intersecting property lines.1 About half of the existing sign is within the sight triangle. The proposed ground sign with a dynamic display would be in the same location. The property line is about 19’ from the Co Rd H2 curb, and about 16’ from the Knollwood Dr. curb. 1 City Code, Section 1008.10, Subd 1(b) M E M O Analysis A Variance may be granted only in the event that all of the following circumstances exist 2 (Staff’s analysis in italics): A. The variance is in harmony with the general purposes and intent of this Title. The general intent of the City Code regarding setbacks is to create physical separation between improvements for safety, and aesthetics. The proposed ground sign will be in the same location as the existing ground sign, and will have the same setback from property lines. B. The variance is consistent with the Comprehensive Plan. The location of the ground sign with a dynamic display has no bearing on the Comprehensive Plan. C. The applicant proposes to use the property in a reasonable manner not permitted by this Title or the City Code. Ground Signs for Churches are a permitted use within the R-1 district, according to Section 1008.11, Subd 1(b) of the Mounds View Municipal Code, compliant with minimum setback requirements. Replacing the old ground sign with a new ground sign in the same location is a reasonable use of the property. 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. The existing ground sign face is 8’ in width, and is proposed to be replaced by a ground sign of the same width, in the same location. The location of the existing ground sign does not pose a safety hazard to motorized or pedestrian traffic. The intersection of Co Rd H2 and Knollwood Dr. is at the top of a hill, and includes a 4-way stop sign. Vehicle drivers stopped at the stop sign have sufficient view of on-coming traffic, despite the ground sign encroachment into the 30’ sight triangle setback, and into the 15’ setback from Knollwood Dr. E. The variance does not alter the essential character of the neighborhood. The proposed location of the ground sign will not alter the essential character of the neighborhood, as there has been a ground sign in the same location for many years. 2 City Code, Section 1125.02, Subd 2 F. The variance requested is the minimum variance which would alleviate the practical difficulties. Economic conditions alone do not constitute practical difficulties. The variance request is the minimum that would alleviate practical difficulties. G. The Planning Commission, acting as the Board of Adjustment, 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 direly related to and must bear a rough proportionality to the impact created by the variance. The ground sign to be installed shall not encroach any further into the 30’ sight triangle, nor any further into the setback from Knollwood Dr. (14’) than the current ground sign. A Public Hearing Notice was published in the New Brighton / Mounds View Sun Focus on April 29, 2016, and mailed to property owners within 350’ of the subject property. Summary Messiah Lutheran Church proposes to replace their existing ground sign at the corner of Co Rd H2 and Knollwood Dr. with a new ground sign featuring a multi-colored Dynamic Display, requiring (1) CUP for a Dynamic Display in a non-business district; (2) Variance to locate the sign within the 30’ sight triangle setback, and less than 15’ from a property line; and (3) Variance to allow a non-amber color on the dynamic display. This project may be discussed as one conversation. However, each application requires a separate Public Hearing, and separate action (approval/denial). Recommendation Staff recommends approval of Resolution 1049-16, a Resolution approving a Variance for a ground sign encroaching within the 30’ sight triangle, and less than 15’ setback from a property line, to be located at 2848 Co Rd H2; Planning Case MU2016-001 (VR2016-002). The Planning Commission is requested to consider the following options: 1. Resolution 1049-16, approving the Variance as attached, if the Commission chooses this action. 2. The Planning Commission may choose to deny the Variance. If the Commission chooses this option, Staff would need to be directed to draft a resolution of denial with findings of fact appropriate to support the denial. 3. Table the request. 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: June 15, 2016), the Commission would need to act upon the request as soon as reasonably possible to avoid an inadvertent approval. Respectfully, Jon Sevald, AICP Planner Attachments: Application and submitted material Zoning Map Location Map Site Photos Resolution 1049-16 Zoning Map Location Map 30’ Sight Triangle Setback Figure 1: 30' sight triangle setback drawn in blue. Site Photos Figure 2: photo taken from the NW corner of Co Rd H2 & Knollwood Dr., looking SE. (April 19, 2016) Figure 3: photo taken from Knollwood Dr., looking E toward Co Rd H2. (May 12, 2016) Figure 4: photo taken from Co Rd H2, looking SW. (April 19, 2016) Resolution 1049-16 Page 1 of 3 MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 1049-16 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A VARIANCE FOR A REDUCED SIGN SETBACK AT 2848 Co Rd H2; PLANNING CASE MU2016-001 (VR2016-002) WHEREAS, applicant Kurt Klaus, representing Messiah Lutheran Church, has applied for a variance to replace the existing ground sign with a new ground sign in the same location, within the 30’ sight triangle of Co Rd H2 and Knollwood Dr.; and with a 14’ setback from the west property line; and WHEREAS, the subject property, located at 2848 Co Rd H2 is zoned R-1, Single Family Residential, and is legally described as follows: Lots 4 Thru Lot 8, Lots 19 & 20 & Lot 28, Knollwood Park PIN 07-30-23-31-0052 WHEREAS, the Mounds View Planning Commission has reviewed the following documents regarding this proposal: 1. Staff Report 2. Application, Site Plan, Elevation Plan 3. Zoning Map 4. Aerial View 5. Site Photos Whereas, Section 1008.10, Subd 1(b) of the Mounds View City Code indicates that no part of a ground sign shall be nearer than 15’ to any perimeter lot line nor located within a 30’ sight triangle on any property abutting two intersecting street right- of-ways; and, Whereas, the applicant has applied for a variance to allow a ground sign to have a 14’ setback from a perimeter lot line, and within a 30’ sight triangle abutting two intersecting street right-of-ways; 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 city code requirements impose 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 1049-16 Page 2 of 3 WHEREAS, the Planning Commission held a duly-noted public hearing regarding this request on May 18, 2016; and, WHEREAS, according to Section 1125.02, Subd 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, Subd 2 of the Mounds View Municipal Code are satisfied and finds there to be sufficient practical difficulty with regard to the property located at 2848 Co Rd H2, and makes the following findings of fact related to its decision: 1. The general intent of the City Code regarding setbacks is to create physical separation between improvements for safety, and aesthetics. The proposed ground sign will be in the same location as the existing ground sign, and will have the same setback from property lines. 2. The variance is not inconsistent with the Comprehensive Plan. 3. Ground Signs for Churches are a permitted use within the R-1 district, according to Section 1008.11, Subd 1(b) of the Mounds View Municipal Code, compliant with minimum setback requirements. Replacing the existing ground sign with a new ground sign in the same location is a reasonable use of the property. 4. The existing ground sign face is 8’ in width, and is proposed to be replaced by a ground sign of the same width, in the same location. The location of the existing ground sign does not pose a safety hazard to motorized or pedestrian traffic. The intersection of Co Rd H2 and Knollwood Dr. is at the top of a hill, and includes a 4-way stop sign. Vehicle drivers stopped at the stop sign have sufficient view of on-coming traffic, despite the ground sign encroachment into the 30’ sight triangle setback, and into the 15’ setback from Knollwood Dr. 5. The proposed location of the ground sign will not alter the essential character of the neighborhood, as there has been a ground sign in the same location for many years. 6. The Planning Commission may impose conditions upon the premises benefited by the variance as may be necessary to comply with the Mounds View Municipal Code, according to Section 1125.02, Subd 2(g). As such, the ground sign to be installed shall not encroach any further into the 30’ sight triangle, nor any further into the setback from Knollwood Dr. (14’) than the current ground sign. NOW, THEREFORE, BE IT FINALLY RESOLVED, the Mounds View Planning Commission, based upon the above findings, approves the variance request of Kurt Klaus, representing Messiah Lutheran Church, of 2848 Co Rd H2, to allow a ground Resolution 1049-16 Page 3 of 3 sign to encroach into the 30’ sight triangle, and a 14’ setback from the Knollwood Drive right-of-way. Approval of this Variance is contingent upon the City Council’s approval of a Conditional Use Permit for a Dynamic Display Sign to be located on the subject property, in a non-business district. Adopted this 18th day of May, 2016. ________________________________ Gary Stevenson, Chair ATTEST: ________________________________ James Ericson, City Administrator (SEAL) Item No: 5C Meeting Date: May 18, 2016 Type of Business: Planning Case MU2016-001 To: Mounds View Planning Commission From: Jon Sevald, Planner Re: Consider Resolution 1050-16, a Resolution denying a Variance for use of non-amber colors on a Ground Sign with a Dynamic Display, to be located at 2848 Co Rd H2; Planning Case MU2016-001 (VR2016-003). Date: May 18, 2016 Introduction Messiah Lutheran Church would like to replace their existing 8’ X 4’ ground sign at the corner of Co Rd H2 and Knollwood Dr. with an 8’ X 5’ multi-colored Dynamic Display sign at the same location. Dynamic Display signs in residential zoned districts must utilize amber colored lights.1 Messiah Lutheran Church has applied for three permits: (1) Conditional Use Permit (CUP) for a Dynamic Display Sign in a non-business district; (2) Variance to setback; and (3) Variance for non-amber color. The permits may be discussed together, but must be acted upon separately (separate Public Hearings). The City Council will conduct the Public Hearing for the CUP. The Planning Commission, acting as the Board of Adjustment, will conduct the Public Hearings for the Variances. Discussion The City Code was amended in 2011, regarding Dynamic Display signs (Ord. 864). The amendment dealt with Billboards, the frequency of message changes; sign brightness; broadcasting of Amber Alerts; and the restricted use of the color amber in non0-business districts, because amber is a softer color. The applicant has submitted two sign plans, one utilizing an amber dynamic display area, and one multi-colored. Staff is recommending denial of the Variance for a lack of a hardship. It is Staff’s opinion that the dynamic display sign can effectively communicate messages without the use of multiple colors. 1 City Code, Section 1008.10, Subd 9(c)(2)(b) M E M O If the Planning Commission agrees with the applicant that dynamic display signs utilizing multiple colors should be permitted in non-business districts, Staff recommends that the Ordinance be amended, rather than a Variance approved for a single property. Analysis A Variance may be granted only in the event that all of the following circumstances exist 2 (Staff’s analysis in italics): A. The variance is in harmony with the general purposes and intent of this Title. The intent of Section 1008.10, Subd 9(c)(2)(b) of the City Code is to permit the use of Dynamic Display signs by schools, churches, places of worship or other institutional uses, in non-business districts, only if the color amber is used. The intent of only allowing the color amber is because it is a softer color than others, and is less obtrusive to residents. Amber was considered by the City Council in their adoption of Ordinance 864, amending Section 1008.10, Subd 9 of the City Code, and is discussed in the Oct. 24, 2011 City Council Minutes. B. The variance is consistent with the Comprehensive Plan. The request is inconsistent with the Comprehensive Plan; Chapter 3; Goals and Policies (Residential); Goal 1: “Preserve the identity and maintain and improve the quality and appearance of existing neighborhoods.” Policy m: “Protect residential developments from adverse environmental impacts, including noise, air, and visual pollution.” The use of non-amber colors by Dynamic Display signs in residential areas, contributes to visual pollution, adversely impacting the enjoyment of residential property. C. The applicant proposes to use the property in a reasonable manner not permitted by this Title or the City Code. Section 1008.10, Subd 9(c)(2)(b) of the City Code permits the use of a Dynamic Display sign by churches in non-business districts through a Conditional Use Permit, and prohibits the use of non-amber colors on the dynamic display. The applicant’s proposed use of non-amber colors is unreasonable because the sign may function without the use of multiple colors. D. Unique circumstances apply to the property which do not apply to other 2 City Code, Section 1125.02, Subd 2 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 to the property related to color usage of the dynamic display sign. E. The variance does not alter the essential character of the neighborhood. The usage of non-amber colors by the dynamic display sign would alter the essential character of the neighborhood because of adverse visual pollution. F. The variance requested is the minimum variance which would alleviate the practical difficulties. Economic conditions alone do not constitute practical difficulties. The variance requested to permit the use of non-amber colors on the Dynamic Display Sign exceeds the minimum required for the practical usage of such a sign located in a residential area. Such a sign may use different shades of amber to convey variety in its message. G. The Planning Commission, acting as 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 direly related to and must bear a rough proportionality to the impact created by the variance. The variance request fails to demonstrate a hardship or practical difficulty, related to the use of non-amber colors on the Dynamic Display. Further, if the intent is to permit non-amber colors, the appropriate means to do so is through an Ordinance Amendment, rather than a Variance. A Public Hearing Notice was published in the New Brighton / Mounds View Sun Focus on April 29, 2016, and mailed to property owners within 350’ of the subject property. Summary Messiah Lutheran Church proposes to replace their existing ground sign at the corner of Co Rd H2 and Knollwood Dr. with a new ground sign featuring a multi-colored Dynamic Display, requiring (1) CUP for a Dynamic Display in a non-business district; (2) Variance to locate the sign within the 30’ sight triangle setback, and less than 15’ from a property line; and (3) Variance to allow a non-amber color on the dynamic display. This project may be discussed as one conversation. However, each application requires a separate Public Hearing, and separate action (approval/denial). Recommendation Staff recommends approval of Resolution 1050-16, a Resolution denying a Variance for the use of non-amber colors on a Dynamic Display Sign, to be located at 2848 Co Rd H2, Planning Case MU2016-001 (VR2016-003). The Planning Commission is requested to consider the following options: 1. Resolution 1050-16, denying the Variance as attached, if the Commission chooses this action. 2. The Planning Commission may choose to approve the Variance. If the Commission chooses this option, Staff would need to be directed to draft a resolution of approval with findings of fact appropriate to support the approval. 3. Table the request. 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: June 15, 2016), the Commission would need to act upon the request as soon as reasonably possible to avoid an inadvertent approval. Respectfully, Jon Sevald, AICP Planner Attachments: Application and submitted material Zoning Map Location Map Site Photos Resolution 1050-16 Zoning Map Location Map 30’ Sight Triangle Setback Figure 1: 30' sight triangle setback drawn in blue. Site Photos Figure 2: photo taken from the NW corner of Co Rd H2 & Knollwood Dr., looking SE. (April 19, 2016) Figure 3: photo taken from Knollwood Dr., looking E toward Co Rd H2. (May 12, 2016) Figure 4: photo taken from Co Rd H2, looking SW. (April 19, 2016) Resolution 1050-16 Page 1 of 3 MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 1050-16 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION DENYING A VARIANCE FOR USE OF NON-AMBER COLORS ON A GROUND SIGN WITH A DYNMAIC DISPLAY, AT 2848 Co Rd H2; PLANNING CASE MU2016-001 (VR2016-003) WHEREAS, applicant Kurt Klaus, representing Messiah Lutheran Church, has applied for a variance to use non-amber colors on a ground sign with a dynamic display; and, WHEREAS, the subject property, located at 2848 Co Rd H2 is zoned R-1, Single Family Residential, and is legally described as follows: Lots 4 Thru Lot 8,lots 19 & 20 & Lot 28, Knollwood Park PIN 07-30-23-31-0052 WHEREAS, the Mounds View Planning Commission has reviewed the following documents regarding this proposal: 1. Staff Report 2. Application, Site Plan, Elevation Plan 3. Zoning Map 4. Aerial View 5. Site Photos 6. Oct 24, 2011 City Council Minutes Whereas, Section 1008.10, Subd. 9(c)(2))(b) of the Mounds View City Code states that “Dynamic display signs in residentially zoned districts must utilize amber color lights”; and, Whereas, the applicant has applied for a variance to allow the use of non-amber colors in the dynamic display sign; 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 city code requirements impose 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 1050-16 Page 2 of 3 WHEREAS, the Planning Commission held a duly-noted public hearing regarding this request on May 18, 2016; and, WHEREAS, according to Section 1125.02, Subd 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, Subd 2 of the Mounds View Municipal Code are not satisfied and finds there to be insufficient practical difficulty with regard to the property located at 2848 Co Rd H2, and makes the following findings of fact related to its decision: 1. The intent of Section 1008.10, Subd 9(c)(2)(b) of the City Code is to permit the use of Dynamic Display signs by schools, churches, places of worship or other institutional uses, in non-business districts, only if the color amber is used. The intent of only allowing the color amber is because it is a softer color than others, and is less obtrusive to residents. Amber was considered by the City Council in their adoption of Ordinance 864, amending Section 1008.10, Subd 9 of the City Code, and is discussed in the Oct. 24, 2011 City Council Minutes. 2. The request is inconsistent with the Comprehensive Plan; Chapter 3; Goals and Policies (Residential); Goal 1: “Preserve the identity and maintain and improve the quality and appearance of existing neighborhoods.” Policy m: “Protect residential developments from adverse environmental impacts, including noise, air, and visual pollution.” The use of non-amber colors by Dynamic Display signs in residential areas, contributes to visual pollution, adversely impacting the enjoyment of residential property. 3. Section 1008.10, Subd 9(c)(2)(b) of the City Code permits the use of a Dynamic Display sign by churches in non-business districts through a Conditional Use Permit, and prohibits the use of non-amber colors on the dynamic display. The applicant’s proposed use of non-amber colors is unreasonable because the sign may function without the use of multiple colors. 4. There are no unique circumstances to the property related to color usage of the dynamic display sign. 5. The variance requested to permit the use of non-amber colors on the Dynamic Display Sign exceeds the minimum required for the practical usage of such a Resolution 1050-16 Page 3 of 3 sign located in a residential area. Such a sign may use different shades of amber to convey variety in its message. 6. The variance request fails to demonstrate a hardship or practical difficulty, related to the use of non-amber colors on the Dynamic Display. Further, if the intent is to permit non-amber colors, the appropriate means to do so is through an Ordinance Amendment, rather than a Variance. NOW, THEREFORE, BE IT FINALLY RESOLVED, the Mounds View Planning Commission, based upon the above findings, denies the variance request of Kurt Klaus, representing Messiah Lutheran Church, of 2848 Co Rd H2, to allow the use of non- amber colors on a Dynamic Display Sign. Adopted this 18th day of May, 2016. ________________________________ Gary Stevenson, Chair ATTEST: ________________________________ James Ericson, City Administrator (SEAL) Item No: 5D Meeting Date: May 18, 2016 Type of Business: Planning Case VR2011-002 To: Mounds View Planning Commission From: Jon Sevald, Planner Re: Consider Resolution 1051-16, A Resolution Approving a Variance Extension Request for reduced driveway setbacks at 5338-5340 Raymond Avenue; Planning Case VR2011-002 Date: May 18, 2016 Introduction In 2011, the applicant, Michael Kinyon was granted a variance for a 1’ side yard setback for two driveways at a duplex. A condition of the variance is that the driveways be completed within one year. The applicant received a one-year extension in 2012, 2013, 2014, and 2015. The applicant is requesting an additional one-year extension to the variance. Discussion The applicant owns a number of duplexes on Raymond Ave. that included gravel driveways. During a 2011 street reconstruction project, the property owner had the driveways widened, requiring variances to the side yard setbacks. These properties include: 5330 & 5332 Raymond Ave. (Res. 938-11) 5338 & 5340 Raymond Ave. (Res. 939-11) 5344 & 5346 Raymond Ave. (Res. 940-11) 5372 & 5374 Raymond Ave. (Res. 941-11) 5380 & 5382 Raymond Ave. (Res. 942-11) These properties are narrow and had no garages. The owner has made improvements to each property (except the subject property), including constructing attached single- car garages, and two-car wide driveways. The subject property; 5338 & 5340 Raymond Ave., received a variance for 1’ side yard setbacks for both driveways. Analysis Consistent with Section 1125.02, Subd. 5 of the City Code, the approved variance for M E M O the subject property states that; “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.” Summary On June 1, 2011, the Planning Commission approved Resolution 939-11, approving a Variance to allow for driveways with a 1’ setback from the side property lines of a duplex located at 5338 & 5340 Raymond Ave. The Planning Commission approved one-year extensions to this variance in 2012, 2013, 2014, and 2015. The applicant has requested an additional one-year extension of this Variance. Recommendation Staff recommends approval of Resolution 1051-16, a Resolution approving a one-year extension for the reduced driveway setback variance at 5338-5340 Raymond Ave. Respectfully, Jon Sevald, AICP Planner Attachments: Application and submitted material Resolution 939-11 (approved June 1, 2011) Zoning Map Location Map Site Photo Resolution 1051-16 Zoning Map Location Map Site Photo Figure 1: 5338 & 5340 Raymond Ave. (May 13, 2016) MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 1051-16 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 1st 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 one-year extensions on June 6, 2012, June 5, 2013, June 4, 2014, and June 3, 2015, 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 18th day of May, 2016. _____________________________________ Gary Stevenson, Chair ATTEST: _____________________________________ James Ericson, City Administrator (SEAL) - DRAFT - PROCEEDINGS OF THE MOUNDS VIEW PLANNING COMMISSION CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting April 20, 2016 Mounds View City Hall 2401 County Road 10, Mounds View, MN 55112 ______________________________________________________________________________ 1. Call to Order The meeting was called to order by Chair Stevenson at 7:02 p.m. for April 20, 2016. ______________________________________________________________________________ 2. Roll Call Members Present: Commissioners French, Klander, Love, Rundle, Schiltgen, and Stevenson. Absent and Excused: Commissioner Klebsch. Also Present: Planner Jon Sevald and Council Member Gary Meehlhause. ______________________________________________________________________________ Index to Minutes Page Resolution 1047-16, Recommending approval of a Text Amendment to 2 Zoning Code 1102, Definitions and 1106.03 Accessory Uses 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 None. _____________________________________________________________________________ Mounds View Planning Commission April 20, 2016 Regular Meeting Page 2 ________________________________________________________________________ 6. Other Planning Activity A. Resolution 1047-16, Recommending approval of a Text Amendment to Zoning Code 1102, Definitions and 1106.03 Accessory Uses Planner Sevald informed the Commission that accessory buildings include any structure other than the home or principal building. This includes open carports and enclosed private garages. The Zoning Code regulates the placement, size, and appearance of Accessory Buildings based on what zoning district the property is located in. Recently, the City has taken enforcement action on carports (Accessory Buildings) which violate the Zoning Code, but some of the ordinance text is unclear if the intent is to permit Accessory Buildings with “metal” sided exteriors. The most significant changes are that a carport may be enclosed on three sides (vs. two); is limited to the storage of operable vehicles and trailers (not miscellaneous items); and its roof is not required to be similar in character to the principal building. Staff recommends approval of the text amendment to clarify permitted uses of a Carport. Chair Stevenson questioned why carport violations have occurred. Planner Sevald explained the City has been addressing carports covered in tarps or the accumulation of miscellaneous items within the carport. He reviewed several examples of carports that were allowed in the City. Commissioner Klander questioned if the proposed text amendment would clarify between a temporary and permanent carport. Planner Sevald explained staff viewed carports as an accessory structure and must be screwed down [properly anchored]. Commissioner Klander requested further information on the permitting process. Planner Sevald discussed the permitting process noting the carport would have to comply with City setbacks and applicable building codes. Commissioner Klander asked if the surface under the carport had to be improved. Planner Sevald reported the surface had to be concrete, asphalt, pavers, or gravel (up to 300 square feet). Further discussion ensued regarding the pitch of the roof on carports. Commissioner Love expressed concern with the language addressing flat roofs. Planner Sevald clarified if a homeowner with a flat roof wanted to build a detached accessory structure, the roof on the accessory structure will not be flat. Commissioner Klander stated he could support a homeowner with a flat roof having a garage with a flat roof in order for the two building styles to match. Chair Stevenson did not recall any houses in Mounds View having a flat roof and believed this was a non-issue. He asked if any of the Commissioners supported allowing flat roof carports. He was inclined to support the language as is. Mounds View Planning Commission April 20, 2016 Regular Meeting Page 3 ________________________________________________________________________ MOTION/SECOND: Commissioner Rundle/Commissioner Klander. To Adopt Resolution 1047-16, Recommending Approval Of An Amendment To Title 1100 Of The Mounds View City Code Pertaining To Carports And Accessory Buildings; Special Planning Case 200-16. Ayes – 6 Nays – 0 Motion carried. ______________________________________________________________________________ 7. Reports A. Upcoming Planning Cases & Activity Planner Sevald discussed upcoming planning cases. He noted a local church was requesting a dynamic display sign permit with variances. This would be reviewed by the Planning Commission on May 18th. B. Staff Updates Planner Sevald provided the Commission with an update from staff. He noted the developer was working on plans for Crossroads Pointe and have expanded the project to include the entire 4.25 acres. He indicated a neighborhood meeting at the Community Center would be held on Wednesday, April 27th from 6:00 p.m. to 8:00 p.m. for the Area I reconstruction project. Residents with questions regarding this project were encouraged to contact City Hall. He provided comment on the recent comprehensive planning workshop the Commissioners attended at Ramsey County. C. Council Updates Council Member Meehlhause provided the Planning Commission with an update from the City Council. He discussed the number of bee keeping licenses that had been considered by the Council. He noted the Council approved the temporary greenhouse conditional use permit, and interim use permit for the Mermaid. He reported the PUD minimum size requirement was changed from five to four acres. He explained trail segments 6 and 11 would be bid and completed in 2016. Council Member Meehlhause stated a cost share plan was approved with Ramsey County for the County Road I concrete rehabilitation project. It was noted the temporary signal would be made permanent through this project. Further discussion ensued regarding the Area I Street Improvement Project. He indicated the Council approved a one-year moratorium on new off- sale liquor licenses. He then provided the Commission with details on the most recent off-sale liquor license request. He reported Areba Bite Latin Food restaurant would be opening shortly in the former KFC building. Council Member Meehlhause comment on the local programming that was being provided on CTV. There was a growing concern to have more Irondale and Mounds View sporting events. The library was encouraged to promote its events on CTV as well. Mounds View Planning Commission April 20, 2016 Regular Meeting Page 4 ________________________________________________________________________ Council Member Meehlhause discussed a meeting he attended with Ramsey County officials regarding the renaming of County Highway 10 to Mounds View Boulevard. He believed the meeting was quite positive. He was encouraged by the fact the name change may be possible in several years when the I-35W MnPASS project was completed. Council Member Meehlhause invited the Planning Commissioners to attend a retirement social for Police Chief Kinney on Friday, April 29th from 1:00 p.m. to 2:30 p.m. D. Planning Commissioner Reports Commissioner Love reviewed a flyer regarding the Urban Farmer’s Almanac. She encouraged the Commissioner to consider attending this event. She hoped Mounds View could continue to evolve in order to become a community that was fun and interesting to live in. 8. Approval of Minutes March 16, 2016. MOTION/SECOND: Commissioner Love/Commissioner Rundle. To approve the Minutes of the March 16, 2016 regular Planning Commission meetings as slightly amended. Ayes – 6 Nays – 0 Motion carried. 9. Next Planning Commission Meeting: A. Wednesday, May 4, 2016 B. Wednesday, May 18, 2016 ______________________________________________________________________________ 10. Adjournment There being no further business before the Planning Commission, Chair Stevenson adjourned the meeting at 7:50 p.m. ______________________________________________________________________________ Respectfully submitted, Jon Sevald Planner Transcribed by: Heidi Guenther, TimeSaver Off Site Secretarial, Inc.