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HomeMy WebLinkAbout09-21-2016MOUNDS VIEW PLANNING COMMISSION REGULAR MEETING AGENDA September 21, 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. (Continued Public Hearing) Consider Resolution 1055-16, a resolution approving/denying a Variance for a 30' front yard setback at 7790 Eastwood Rd; Planning Case VR2016-04 B Consider Resolution 1056-16, a resolution recommending approval of the Preliminary Plat of Steil Addition, Planning Case MA2016-01 6. Other Planning Activity A. Planning Commission Quorum 7. Reports A. Upcoming Planning Cases & Activity B. Staff Updates C. Council Updates D. Planning Commissioner Reports 8. Approval of Minutes: July 20, 2016 September 7, 2016 9. Next Planning Commission Meetings: A. Wednesday, October 5, 2016 B. Wednesday, October 19, 2016 10. Meeting Conclusion Item No: 5A Meeting Date: Sept 21, 2016 M 0 tSVI EW Type of Business: Planning Case VR2016-04 City of Mounds View Staff Report To: Mounds View Planning Commission From: Jon Sevald, Planner Item Title/Subject: Continued Public Hearing: Consider Resolution 1055-16, a resolution approving/denying a Variance for a 30' front yard setback at 7790 Eastwood Rd; Planning Case VR2016-04 Introduction The applicant (Value Homes, LLC) is requesting a Variance to reduce the front yard setback from 54' to 30' to construct a single-family home at 7790 Eastwood Rd. The minimum front yard setback in the R-1 district is 30' unless homes on the same side of the street have a greater setback (54' in this case). The request is due to the hardship of a private drainage easement reducing the developable area of the lot. The Planning Commission conducted a Public Hearing on September 7, 2016, but a quorum (2/3's, or 5 of 7 members) was not present to approve a Variance. The Public Hearing was tabled. Discussion The property at 7800 Eastwood Rd was subdivided into two lots in March, 2016. The north lot includes an existing home, and the south lot is the subject property (7790 Eastwood Rd). After the subdivision was approved, the developer conducted a Title Search, which revealed two private easements: (1) a 10' wide sidewalk easement in the SE corner of the lot; and (2) a 30' wide surface drainage & storm water easement along the south property line. The two easements are for the adjacent property, Silver Lake Commons apartments. As part of Silver Lake Common's Development Review in 1997, the City required the apartment owner to obtain a drainage easement from 7800 Eastwood Rd. At that time, there was concern that expansion of the apartments would negatively affect the natural drainage flow from properties north of the apartments (1940 aerial photo suggests a drainage ditch flowed through these properties). An easement was obtained, but a storm water retention pond was never constructed within the easement, nor was a sidewalk. Planning Case VR2016-04 September 21, 2016 Page 2 Prior to the Title Search, neither the developer nor the current property owner (Value Homes) knew about the easements. For a Minor Subdivision, a Title Search is not required prior to plat approval, but prior to recording the plat at Ramsey County (City Code, Section 1202.01, Subd 2(b). Due to the private drainage easement and the 54' front yard building setback requirement, the developable area of the lot is significantly reduced. Analysis City Code, Title 1100, Chapter 1104, Section 1104.01, Subdivision 3(a): Yard Requirements, Where principal buildings in existence on lots within the same block on the same side of the street have front yard setbacks different from those required, the minimum front yard setback for any new principal buildings shall be the minimum front yard setback in existence for any one lot. In no case shall the front yard setback be less than thirty feet (30). For purposes of this subsection a, a block shall be defined as that group of lots lying along a street between the two closest intersecting streets, except that where the length of the street frontage between the two intersecting streets is greater than fourteen hundred feet (1,400), the block shall be the lots within six hundred and fifty feet (650) on either side of the lot in question, or to an intersecting street whichever is less. Homes on the west side of the street are set back between about 54' and 60'. The adjacent home (7800 Eastwood Rd) is set back 593. If the Variance were approved, the proposed home may look inconsistent because of the shallower front yard, but the 30' front yard setback would be consistent with minimum requirements elsewhere in the R-1 District. On the east side of the street, homes are set back between about 45' and 77' City Code, Title 1100, Chapter 1125, Section 1125.02, Subdivision 2 includes the seven criteria for granting Variances. 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 this Title. b. The variance is consistent 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. Planning Case VR2016-04 September 21, 2016 Page 3 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. e. The variance does not alter the essential character of the neighborhood. f. The variance requested is the minimum variance which would alleviate the practical difficulties. Economic conditions alone do not constitute practical difficulties. g. The Board of Adjustment and Appeals may impose such conditions upon the premises benefited by a variance as may be necessary to comply with the standards established by this Title or to reduce or minimize the effect of such variance upon other properties in the neighborhood and to better carry out the intent of the variance. The condition must be directly related to and must bear a rough proportionality to the impact created by the variance. Staff's analysis of the seven criteria is listed in Resolution 1055-16. In summary, the practical difficulty (criteria c & d) is that the private 30' wide drainage easement significantly reduces the developable area of the lot. The private easement was created by an agreement between the adjacent Silver Lake Commons Apartments owner (MSP Real Estate) and the previous owner of the subject property (Mary Larson) in 1997 in response to the City's approval of a Site Plan Review for the expansion of the apartments. Although the private easement is a result of the City's requirement of the apartment's owner, the City has no authority to require that the easement be changed or vacated. If the Variance is approved, the front yard setback would be reduced from 54' to 30. The proposed home would have a front yard depth about half that of other homes on the same side of the street (criteria e), but would still comply with the minimum 30' front yard setback found elsewhere in the R-1 District (criteria f). If the Variance is denied, the owner could choose an alternative floor plan that would fit within the lot's developable area. The developable area as -is, measures approximately 64' wide X 58' deep, and is triangularly shaped. After the developer (Kayak Properties) of the 2016 subdivision conducted the Title Search revealing the easement, the developer contacted the owners of Silver Lake Commons Apartments (Mounds View Family Housing), requesting that they vacate the private easement, which they chose not to do. Planning Case VR2016-04 September 21, 2016 Page 4 Public Comments A Public Hearing Notice was published in the New Brighton / Mounds View Sun Focus on August 19, 2016, and mailed to 31 property owners within 350' of the subject property. Staff received an email from a resident on Eastwood Rd opposed to the Variance because the proposed home with a reduced setback would look out of place, and because the existing wooded yard blocks noise and lights from properties along Mounds View Blvd (Co Rd 10). During the September 7t" Public Hearing, one resident on Sunnyside Rd spoke in opposition to the Variance because the reduced front yard setback would not be in-line with surrounding homes, and was opposed to the removal of trees on the lot. The subject property is heavily wooded. City Code, Chapter 1127 includes regulations for Tree Preservation and Landscaping. The City Code encourages, but does not require the preservation of "high value" and "specimen" trees within the R-1 Single - Family Residential district. Summary The applicant is requesting a Variance to reduce the front yard setback from 54' to 30', to construct a new home. The property includes a 30'X 172' private drainage easement along the south property line. The lot's developable area is limited due to the private drainage easement and larger front yard building setback. Recommendation Staff request that the Planning Commission un -table the Public Hearing, and accept public comments. Staff recommends approval of the Variance contingent upon complying with the conditions in Resolution 1055-16. It is Staff's opinion that the Variance request is reasonable considering that the location of the private drainage easement greatly reduces the developable area of the lot. The Planning Commission is requested to consider the following options: 1. Resolution 1055-16, approving the Variance is attached if the Commission chooses this action. Planning Case VR2016-04 September 21, 2016 Page 5 2. The Planning Commission may choose to deny the Variance. An alternative Resolution 1055-16 is attached, supporting denial. 3. The Planning Commission may choose to take no action. Because of the 60 -Day requirements, (Deadline: September 23, 2016), if no action is taken, the Variance would be inadvertently approved , unless the applicant agreed to waive their right to a decision within the original 60 -Day review period. Respectfully submitted, Jon Sevald, AICP Planner Attachments 1. Zoning Map 2. Aerial Photo of Neighborhood with front yard building setbacks (approximate to roofline) 3. Site Photos 4. Email from Lon Stigney, 7841 Eastwood Rd 5. Resolution 1055-16 (APPROVAL) 6. Resolution 1055-16 (DENIAL) 7. Applicant's Narrative (with Certificate of Survey) Planning Case VR2O16-04 September 21, 2016 Page 6 ::r= l6I� 7865 Z !� � 7877 1863 r 7851 Zoning Map R VALi R-4 \ti`O R W3 LEGEND CV 7$95 17BBO 7867 7870 7851 7860 7761 �85r 7841 7730 ?854 7840 7815 7A4f 1-1 7715 7830 MOBILE HOME PF 782 R-0 L.7.8 1 PLANNED UNIT DEVELOPMENT %lIIi, 7800 CRP R-4 \ti`O R W3 LEGEND CV 7$95 7890 7867 7870 7851 7860 7761 7850 7841 7730 7745 7840 7815 7790 7809 7770 7$01 7764 7767 7760 7761 7750 7755 7730 7745 7710 R-4 HIGH DENSITY RESIDENTIAL 1-1 7715 R-5 MOBILE HOME 7S n A r.7 • *R-1 SINGLE-FAMILY RESIDENTIAL B-2 LIMITED BUSINESS R-2 SINGLE & TWO FAMILY RESIDENTIAL B-3 HIGHWAY BUSINESS R-3 MEDIUM DENSITY RESIDENTIAL B-4 REGIONAL BUSINESS R-4 HIGH DENSITY RESIDENTIAL 1-1 INDUSTRIAL R-5 MOBILE HOME PF PUBLIC FACILITIES R-0 RESIDENTIAL/OFFICE PUD PLANNED UNIT DEVELOPMENT B-1 NEIGHBORHOOD BUSINESS CRP CONSERVANCY, RECREATION & PRESERVATION ' AREAS NOT LABELED ARE R-1 DISTRICTS Planning Case VR2016-04 September 21, 2016 Page 7 Aerial Photo of Neighborhood with front yard building setbacks (approximate to roofline) ■ Planning Case VR2016-04 September 21, 2016 Page 8 Site Photos Figure 1: Eastwood Rd, looking south from 7800 Eastwood Rd (fence at right). Red line is approximately in front of subject property, 7790 Eastwood Rd (8-29-2016) Figure 2: Eastwood Rd looking north. Red line is approximate front of subject property, 7790 Eastwood Rd. (8-29-2016) From: Stigney, Lon To: Jon Sevald Subject: VR2016-004 Date: Tuesday, August 23, 2016 3:41:57 PM Dear Jon, My home address is 7841 Eastwood Road which falls within the 350 feet of this proposed variance. Me and my wife are against this proposal for a variety of reasons. First we would hate to see the buffer of trees that are there presently be removed for they deaden the noise from highway 10 and also block the lights from the nearby housing project. But the main reason is that we believe that this variance for this project would be way to cramped between the two existing properties and way out of place of the present street view that now exists. The code that is in place is there for this very reason. It should not be tweaked to help a particular party who subdivided a parcel of property in the hopes that the city would change the code for their own financial gain down the road. We ourselves own a double property lot like others here in Mounds View. Because of this the city has a nice wooded feel too it that makes Mounds View an very enjoyable place to live. We believe this variance would open the door for others to do the same. Especially outside builders or a new property owner who would just want to make a quick buck by selling of odd acreages and attempting to squeeze other houses in other deemed inappropriate areas. Sincerely, Lon Stigney TR Director Cornerstone Assisted Living & Memory Care 3750 Lawndale Lane N I Plymouth, MN 55446 763.550.0333 fax: 763.390.1888 - elle care CONFIDENTIALITY NOTICE: This message (including any attachments) may contain confidential client information. The information is intended only for the use of the individual or entity to whom it is addressed. If you're not the addressee or the employee or agent responsible to deliver this e-mail to its intended recipient, you are hereby notified that any review, use, dissemination, distribution, disclosure, copying or taking of any action in reliance on the contents of this information is strictly prohibited. Elim Care, inc. Providing Senior Housing and Healthcare in the Spirit of Christ's Love MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 1055-16 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A VARIANCE TO ALLOW A 30 -FOOT FRONT YARD SETBACK FOR A NEW HOME AT 7790 EASTWOOD RD; MOUNDS VIEW PLANNING CASE VR2016-04 WHEREAS, property owner, Value Homes, LLC, has applied for a variance to allow a house to encroach approximately 24' into the required 54' front yard setback at 7790 Eastwood Rd; and, WHEREAS, 7790 Eastwood Rd is zoned R-1, Single Family Residential, and is legally described as follows: That part of Lot 77, SPRING LAKE PARK HILL VIEW, Ramsey County, Minnesota, which lies southerly of the following described line: Commencing at the northeast corner of said Lot 77; thence South 00 degrees 40 minutes 10 seconds East (assumed bearing) along the east line of said Lot 77 a distance of 113.58 feet to the point of beginning of the line to be described, said point to be hereafter referred to as "Point A", thence South 88 degrees 21 minutes 51 seconds West a distance of 178.65 feet to the southwesterly line of said Lot 77 and said line there terminating. Subject to an easement for public drainage and utility purposes over, under and across the north 5.00 feet, the east 10.00 feet, and the southwesterly 10.00 feet of the above described property. And subject to an easement for drainage and utility purposes over, under and across that part of the above described property which lies westerly of east 114.04 feet thereof. PIN: 06-30-23-44-0077 WHEREAS, City Code Title 1100, Chapter 1104, Section 1104.01, Subdivision 3(a) states; Where principal buildings in existence on lots within the same block on the same side of the street have front yard setbacks different from those required, the minimum front yard setback for any new principal buildings shall be the minimum front yard setback in existence for any one lot. In no case shall the front yard setback be less than thirty feet (30). For purposes of this subsection a, a block Resolution 1055-16 September 21, 2016 Page 2 shall be defined as that group of lots lying along a street between the two closest intersecting streets, except that where the length of the street frontage between the two intersecting streets is greater than fourteen hundred feet (1,400), the block shall be the lots within six hundred and fifty feet (650) on either side of the lot in question, or to an intersecting street whichever is less. WHEREAS, the 7700 block of Eastwood Rd is approximately 1,400' in length, and the principle building on the same block and same side of the street with the smallest front yard setback measures approximately 54' (7880 Eastwood Rd, based on 1991 building plan, Permit #91-218), and thus the minimum front yard setback for all lots on the west side of this block, including the subject property, is 54'; and WHEREAS, the Mounds View Planning Commission has reviewed the following documents regarding this proposal: 1. Zoning Map 2. Aerial Views 3. Site Photos 4. Staff Report 5. Applicant's Narrative and Certificate of Survey 6. Resident Comments WHEREAS, the purpose of the variance provision in the Zoning Code is to give relief to property owners when the strict enforcement of the zoning code requirements imposes a hardship thereby restricting the improvement of property due to practical difficulties brought about by unique or extraordinary features of the physical property that are beyond the property owner's control; and, WHEREAS, the Planning Commission held a duly -noticed public hearing regarding this request on September 7, 2016 and continued on September 21, 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 that must be satisfied in order to grant a variance to the Zoning Code. NOW, THEREFORE, BE IT RESOLVED, the Mounds View Planning Commission finds that the criteria as identified in Section 1125.02, Subdivision 2 of the Mounds View Municipal Code are satisfied and finds there to be sufficient practical difficulty with regard to the property located at 7790 Eastwood Rd, and makes the following findings of fact related to its decision: Resolution 1055-16 September 21, 2016 Page 3 1. The general purpose and intent of the Zoning Code regarding front yard building setbacks is to provide a sense of privacy and separation between the building and the public right-of-way. The proposed home to be located on the subject property will maintain a 30' front yard setback, consistent with minimum standards elsewhere in the R-1 district. 2. The Variance is consistent with the Comprehensive Plan (2010); Goal 4: "Encourage residential infill and redevelopment that supports the City's housing goals and maintains residential character." The parent property (7800 Eastwood Rd) was subdivided into two lots in March 2016, creating the subject property (7790 Eastwood Rd), with the intent of constructing a new home. 3. The applicant (Value Homes, LLC) proposes to use the property in a reasonable manner for a single-family residence. 4. Unique circumstances apply to the property which do not apply to other properties in the same zone or vicinity and result from circumstances over which the property owner had no control. The current property owner (Value Homes) and immediate past owner/developer (Kayak Properties) were not aware of the private 30' wide drainage easement at the time the property was subdivided in 2016. The private drainage easement is unique to this property. 5. The Variance to reduce the minimum front yard setback from 54' to 30' will result in a front yard half the depth as others on the west side of Eastwood Rd. However, a reduced setback will allow construction of a vacant lot for a new single-family home, maintaining the residential character of the neighborhood. 6. The Variance request is the minimum variance which would alleviate the practical difficulties created by the private 30' wide drainage easement. The Applicant's Narrative includes a Certificate of Survey, dated "May XX, 2016", which shows a proposed home encroaching 26' feet into the private easement (24' foundation + 2' overhang). A Variance reducing the front yard setback from 54' to 30' will still leave a 2' encroachment into the private easement, thus, the home plan will need to be adjusted to avoid any encroachment into this easement. 7. The Board of Adjustment and Appeals may impose such conditions upon the premises benefited by a variance as may be necessary. Such conditions are included below: The applicant (Value Homes, LLC) shall clearly disclose to the purchaser of the to -be constructed home that there exists two private easements along the south side yard property line for; (1) a 10' wide sidewalk (Doc. No. 1172686); and (2) a 30' wide drainage area (Doc. No. 1172687). Resolution 1036-15 September 21, 2016 Page 4 NOW, THEREFORE, DE IT G UUG LLY RESOLVED, the Mounds View Planning Commission, based upon the above findings, approves the Variance request of Value Homes, LLC, for a reduced front yard setback from 54' to 30' at the property located at 7790 Eastwood Rd, subject to the following: 1. The applicant (Value Homes, LLC) shall clearly disclose to the purchaser of the to -be constructed home that there exists two private easements along the south side yard property line for; (1) a 10' wide sidewalk (Doc. No. 1172686); and (2) a 30' wide drainage area (Doc. No. 1172687). 2. If within one year after granting the variance, the work as permitted by the variance has not begun, then such variance shall become null and void unless an extension of time has been requested by the applicant and granted by the Planning Commission. Such extension shall be requested by the applicant in writing, and submitted to the City at least 30 days before the expiration of the original variance. Adopted this 21St day of September, 2016. Gary Stevenson, Chairperson ATTEST: James Ericson, City Administrator (SEAL) MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 1055-16 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION DENYING A VARIANCE TO ALLOW A 30 -FOOT FRONT YARD SETBACK FOR A NEW HOME AT 7790 EASTWOOD RD; MOUNDS VIEW PLANNING CASE VR2016-04 WHEREAS, property owner, Value Homes, LLC, has applied for a variance to allow a house to encroach approximately 24' into the required 54' front yard setback at 7790 Eastwood Rd; and, WHEREAS, 7790 Eastwood Rd is zoned R-1, Single Family Residential, and is legally described as follows: That part of Lot 77, SPRING LAKE PARK HILL VIEW, Ramsey County, Minnesota, which lies southerly of the following described line: Commencing at the northeast corner of said Lot 77; thence South 00 degrees 40 minutes 10 seconds East (assumed bearing) along the east line of said Lot 77 a distance of 113.58 feet to the point of beginning of the line to be described, said point to be hereafter referred to as "Point A` thence South 88 degrees 21 minutes 51 seconds West a distance of 178.65 feet to the southwesterly line of said Lot 77 and said line there terminating. Subject to an easement for public drainage and utility purposes over, under and across the north 5.00 feet, the east 10.00 feet, and the southwesterly 10.00 feet of the above described property. And subject to an easement for drainage and utility purposes over, under and across that part of the above described property which lies westerly of east 114.04 feet thereof. 101011tome 11m91 E, A E, A I 1111YA WHEREAS, City Code Title 1100, Chapter 1104, Section 1104.01, Subdivision 3(a) states; Where principal buildings in existence on lots within the same block on the same side of the street have front yard setbacks different from those required, the minimum front yard setback for any new principal buildings shall be the minimum front yard setback in existence for any one lot. In no case shall the front yard setback be less than thirty feet (30'). For purposes of this subsection a, a block Resolution 1055-16 September 21, 2016 Page 2 shall be defined as that group of lots lying along a street between the two closest intersecting streets, except that where the length of the street frontage between the two intersecting streets is greater than fourteen hundred feet (1,400), the block shall be the lots within six hundred and fifty feet (650) on either side of the lot in question, or to an intersecting street whichever is less. WHEREAS, the 7700 block of Eastwood Rd is approximately 1,400' in length, and the principle building on the same block and same side of the street with the smallest front yard setback measures approximately 54' (7880 Eastwood Rd, based on 1991 building plan, Permit #91-218), and thus the minimum front yard setback for all lots on the west side of this block, including the subject property, is 54'; and WHEREAS, the Mounds View Planning Commission has reviewed the following documents regarding this proposal: 1. Zoning Map 2. Aerial Views 3. Site Photos 4. Staff Report 5. Applicant's Narrative and Certificate of Survey 6. Resident Comments WHEREAS, the purpose of the variance provision in the Zoning Code is to give relief to property owners when the strict enforcement of the zoning code requirements imposes a hardship thereby restricting the improvement of property due to practical difficulties brought about by unique or extraordinary features of the physical property that are beyond the property owner's control; and, WHEREAS, the Planning Commission held a duly -noticed public hearing regarding this request on September 7, 2016 and continued on September 21, 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 that must be satisfied in order to grant a variance to the Zoning Code. NOW, THEREFORE, BE IT RESOLVED, the Mounds View Planning Commission finds that the criteria as identified in Section 1125.02, Subdivision 2 of the Mounds View Municipal Code ARE NOT satisfied and finds there to be insufficient practical difficulty with regard to the property located at 7790 Eastwood Rd, and makes the following findings of fact related to its decision: Resolution 1055-16 September 21, 2016 Page 3 The general purpose and intent of the Zoning Code regarding front yard building setbacks is to provide a sense of privacy and separation between the building and the public right-of-way. The Planning Commission finds that the proposed 30' minimum front yard building setback within the R-1 district is in harmony with the City Code. 2. The Variance request is not consistent with the Comprehensive Plan (2010); Goal 1: Preserve the identity and maintain and improve the quality and appearance of existing neighborhoods. h. The City will consider the subdivision of existing large lot single- family residential lots on a case-by-case basis. The City will use such reviews to ensure that new development is consistent with city needs and compatible with surrounding development. The City approved the Minor Subdivision of 7800 Eastwood Rd in 2016 (i.e. large single-family lot), creating two lots including the subject property (7790 Eastwood Rd), with a front yard setback consistent with residential lots on the west side of the block, and consistent with the City Code, and the Comprehensive Plan. The Planning Commission has determined that the developable area of the lot is sufficient in size for a single-family home. Further, it is the applicant's responsibility to design a house plan that will fit within that developable area of the lot. 3. The applicant proposes to use the property in a reasonable manner for a single- family residence. 4. Unique circumstances apply to the property which do not apply to other properties in the same zone or vicinity and result from circumstances over which the property owner had no control. The current property owner (Value Homes, LLC) and immediate past owner/developer (Kayak Properties) were not aware of the private 30' wide drainage easement at the time the property was subdivided in 2016. The private drainage easement is unique to this property. 5. The Variance to reduce the minimum front yard setback from 54' to 30' will result in a front yard about half the depth as others on the west side of Eastwood Rd. The reduced setback is inconsistent with the character of the neighborhood. 6. The applicant has not demonstrated that the proposed house plan (plan dated May 10, 2016) is the only house plan that could be built on the lot, and therefore has not exhausted all possibilities for fitting a single-family home on the lot without encroaching into the private drainage easement, and in compliance with Resolution 1036-15 September 21, 2016 Page 4 the minimum Floor Area Per Dwelling requirements (City Code, Chapter 1100, Section 1104.02); Subd. 4. Minimum Floor Area Per Dwelling Unit: a. Single -Family Dwellings: The minimum first floor area for each welling unit type shall be as follows: (1) One (1) story dwelling 960 square feet (2) Two (2) story dwelling 780 square feet NOW, THEREFORE, BE IT FINALLY RESOLVED, the Mounds View Planning Commission, based upon the above findings, denies the Variance request of Value Homes, LLC, for a reduced front yard setback from 54' to 30' at the property located at 7790 Eastwood Rd. Adopted this 21St day of September, 2016. Gary Stevenson, Chairperson ATTEST: James Ericson, City Administrator (SEAL) Homes alue Property iblanagement 'v IZanovation :i."l �'•(P "Al :i�C ci _`-)i i',f L, `ui�e 3.010, Baine-, N,N 5544-9 )fl'ice: (763) 20`5-0056 July 22, 2016 Property: 7790 Eastwood Road, Mounds View, MN 55112 DESCRIPTION OF PROPOSAL: A Variance for the Minimum 30' Front setback in the R-1 District is required due to a private easement in order to build a very modest Split Level Home with a 38' 8" wide and 23' 8" long Foundation. As stated in the email attached; the seller of this lot has made every effort to get the owner of the neighboring Apartment building to vacate the unused private easement however they will not cooperate. As stated by Jon Sevald in the email attached; if a variance were approved to allow a 30' setback, the house would fit without encroaching into the easement. This variance meets the criteria of the attached ordinance 1125.02 Subd. 2. a - g. The following supporting documentation is attached: 1) Copy of the Certificate of Survey Highlighting the part of the home which encroaches into the private easement due to the 55' front setback. 2) Copy of the Blueprints 3) Email Chain with the seller's (Terry Buchanan — Kayak Properties) full explanation describing his efforts to vacate the private easement & Jon Sevald's (AICP, Planner,. City of Mounds View) explanation of the Variance Application process. 4) Copy of the City of Mounds View Ordinance Highlighting 1125.02 Subd. 2. a. —g. Sincerely, Eric 011estad Value Homes LLC Chief Executive Manager � TIFICATOF SURVEYPROPERTY ADDRESS: #hooc EASTWOOD ROAD, MOUNDS VBEW, MN FOR: Eric OYlestad P.I. 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( IN PEET) % OP NUT FIRE l 1 inch - 301 � �`� 1" IRON OR,, s1 6 ? `(D, a 91281 (0.7' EAST) a i 1o. / 6 NORTH09.6 I I NOTES I ° - Field survey conducted on xxxxx - BEARING'S SHOWN ARE ON ASSUMED DATUM. - CONTRACTOR TO VERIFY HOUSE DIMENSIONS, AND SEWER AND BASEMENT DEPTHS. LEGEND - FINISHED GRADE 10 FEET FROM PROPOSED BUILDING SHALL BE 0.5 FEET LOWER THAN THE FINISHED GRADE AT THE 892. DENOTES PROPOSED ELEVATION. BUILDING. x1011.2 DENOTES EXISTING ELEVATION. - FINISHED GRADE ELEVATIONS ARE TO FINISHED SURFACE / DENOTES DIRECTION OF DRAINAGE WITH TURF ESTABLISHMENT. ® DENOTES METAL SPIKE - DRIVEWAYS ARE SHOWN FOR GRAPHIC PURPOSES ONLY. 4 DENOTES IRON MONUMENT FOUND FINAL DRIVEWAY DESIGN AND LOCATION TO BE DETERMINED BY CONTRACTOR - CITY TO VERIFY ALL BUILDINGS ELEVATIONS AND SETBACKS. - This survey was prepared without the benefit of titlework. *5 course lookout* Easement, appurtenances and encumbrances may exist in PROPOSE, DI;LEVATIONS addition to those shown hereon. This survey is subject to GARAGE FLOOR = 912.1 revision upon receipt of a title insurance commitment or TOP OF BLOCK = 912.5 attorneys title opinion, LOWEST FLOOR = 909.3 EXISTING PROPERTY DESCRIPTION That part of Lot 77, SPRING LAKE PARK HILL VIEW, Ramsey County, Minnesota, which lies southerly of the following described line: Commencing at the northeast corner of said Lot 77; thence South 00 degrees 40 minutes 10 seconds East (assumed bearing) along the east line of said Lot 77 a distance of 113.58 feet to the point of beginning of the line to be described, said point to be hereinafter referred to as "Point A"; thence South 88 degrees 21 minutes 51 seconds West a distance of 178,65 feet to the southwesterly line of said Lot 77 and said line there terminating, Subject to an easement for public drainage and utility purposes over, under and across the north 5.00 feet, the east 10.00 feet, and the southwesterly 10.00 feet of the above described property. And subject to an easement for drainage and utility purposes over, under and across that part of the above described property which lies westerly of east 114:04 feet thereof. I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I on, a duly Registered Land Surveyor under the laws of the State of ACRE LAND SURVEYING : � Minnesota. ��ar-ea s�nnd�be�cnd tro F:: • � I III Y 763-458-2997 acrelandsurvei iaglnail.com Date:Mav xx, 2016 Reg. No. 44125 JOB #16294HS 10 1+ 12 13 0 1s 0 17 1a w 11° 111 112 11� °` T1s 116 "' 11a 11R 120 C1\Users\Eric\llneDrlve\CAD-1D\16294hs-MndsVSv-Eric\dwg\16294hs-MndsVw-Erlc,dwg 5/14/2016 9j29,51 AM CDT f I,I Value Homes Yruiirrty AQttttagement I!, Rrnnratinn ifs .4i�ard�an St f`1 E, St.iitr 1(10, Blaine, i\IN Loll: (hl'-) 431-7841 Office: (763) 205-0056 July 28, 2016 Property: 7790 Eastwood Road, Mounds View, MN 55112 To Whom it may concern. My name is Eric 011estad. I am the owner of Value Homes LLC. Value Homes specializes in acquiring lots and building single family homes on those lots to be sold as finished new construction homes in the Twin Cities Metro Area. Here are some of the projects we have completed in the last few years: 3973 Hayes St NE, Columbia Heights 4320 Madison St NE, Columbia Heights 4522 5th St NE, Columbia Heights 3830 Noble Ave N, Robbinsdale 13573 212th Ave NW, Elk River 1731 169th Ave NE, Ham Lake 6812 Aldrich Ave N, Brooklyn Center 10712 Kyle Ave N, Brooklyn Park 10718 Kyle Ave N, Brooklyn Park 3701 Buchanan St NE, Columbia Heights 3705 Buchanan St NE, Columbia Heights 16386 Inca St NW, Andover 1016 42 % Ave NE, Columbia Heights 8857 Baltimore St NE, Blaine 2081 Palm St, Lino Lakes 1100 Vera St N, Champlin I purchased the lot at 7790 Eastwood Rd, Mounds View with the intention of building a modest Bi -Level Split home and selling it as a completed new construction Single Family Residence. I have repeated this particular home plan many tirnes with great results. It offers home buyers the ability to purchase a 4 bedroom, 2 bath, attached 2 car garage High Efficiency home with Premium Building Materials and finishes at an affordable price. Some of the features of the home are Triple Pane Windows, Poured Concrete Foundation, High Efficiency Furnace, DuraStrand Subfloors, Radon Mitigation System & Sump Pump Included, Gas Stove, Gas Water Heater, Gas Dryer Hookup, Air to Air Exchanger, De -Humidifier and a Vented Microwave. Before I purchased the lot 1 was told by the seller that there was an unused 30' easement that would not affect the building of the home as the easement would be vacated. The seller of this lot has made every effort to get the owner of the neighboring Apartment building to vacate the unused private easement however they will not cooperate. As stated by Jon Sevald in the email attached; if a variance were approved to allow a 30' setback, the house would fit without encroaching into the easement. The following is an explanation on why this variance meets the criteria of the attached ordinance 1125.02 Subd. 2. a — g: a. The variance is in harmony with the general purposes and intent of this Title. (Amended, Ord. 861, 9-22-11) Response - This variance is definitely in harmony with the general purposes and intent of this Title as this will be a Residential Single Family Home. b. The variance is consistent with the comprehensive plan. (Amended, Ord. 861, 9-22-11) Response - This variance is consistent with the comprehensive plan as this new home will give new people or a new family the opportunity to become new citizens of Mounds View and offer them the ability to get involved in the community helping Mounds View reach many of its goals. This home will drastically improve the appearance of the community by turning a vacant lot into a beautiful new residence with a brand new Single Family Home. c. The applicant proposes to use the property in a reasonable manner not permitted by this Title or the City Code. (Amended, Ord. 861, 9-22-11) Response — Due to the unused private easement a modest single family home will not fit on the lot unless a variance for the minimum 30' front setback is granted. 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. (Amended, Ord. 861, 9-22-11) Response —This property is a unique Triangle Shape. The circumstance is one of a kind in Mounds View as there is an unused private 30' Easement along the south lot line. Approving this variance will not only make it possible for a modest single family home to be built on this lot; it will also drastically improve the backyard giving the new home owner a much safer area for outdoor activities versus the front yard along Eastwood Road. e. The variance does not alter the essential character of the neighborhood. (Amended, Ord. 861, 9-22-11) Response — The variance is not altering the essential character of the neighborhood as it is only improving the character of the neighborhood by allowing a nice new home to be built on the lot. f. The variance requested is the minimum variance which would alleviate the practical difficulties. Economic conditions alone do not constitute practical difficulties. (Amended, Ord. 861, 9-22-11) Response — As noted in the attached Certificate of Survey; allowing the 30' front setback would allow the home to be moved 25' closer to the front lot line towards Eastwood Road which would be the minimum amount of room needed so that the new home does not encroach into the unused private easement. g. The Board of Adjustment and Appeals may impose such conditions upon the premises benefited by a variance as may be necessary to comply with the standards established by this Title or to reduce or minimize the effect of such variance upon other properties in the neighborhood and to better carry out the intent of the variance. The condition must be directly related to and must bear a rough proportionality to the impact created by the variance. (Amended, Ord. 861, 9-22-11) Response — I believe that the impact created by the variance is a positive impact and a benefit to the neighborhood. Sincerely, Eric 011estad Value Homes LLC Chief Executive Manager Item No: 5B Meeting Date: Sept 21, 2016 Mo ISVJEW Type of Business: Planning Case MA2016-001 City of Mounds View Staff Report To: Mounds View Planning Commission From: Jon Sevald, Planner Item Title/Subject: Consider Resolution 1056-16, a resolution recommending approval of the Preliminary Plat of Steil Addition, Planning Case MA2016-001 Introduction The applicants, Tim and Kelly Steil, own two adjacent properties that back up to each other. The Steil's are requesting to move the common property line, thereby increasing the size of their back yard at their residence at 7255 Hidden Hollow Ct. No new lots or roads will be created. Because the two lots involved exceed 2 -acres combined, a Major Subdivision is required. Discussion This block on Co Rd H2 is characterized by deep wooded lots. 2940 Co Rd H2 (Lot 33 of Knollwood Park) was platted in 1940, and the home built in 1958. The lot is 1.55 acres in size. 7255 Hidden Hollow Ct (Lot 4, Block 1 of Hidden Hollow) was platted in 2005, and the home built in 2006. The lot is 0.69 acres in size. The area to be added from proposed Lot 1 onto Lot 2 is heavily wooded. The common property line is approximately where a foot trail is located. Lot 2 includes a ravine about 90' wide, separating the home from the newly added wooded area. An accessory building could be built in the wooded area, but it may be impractical (not impossible) to provide vehicular access from Hidden Hollow Ct. across the ravine. The SE corner of Lot 2 includes a 30' Highway and Utility easement. The City will retain this easement for access to an existing storm water pond. Lots 1 and 2 include driveways that encroach into the 5' side yard setback, and are non- conforming. Planning Case MA2016-001 September 21, 2016 Page 2 Analysis Existing Zoning: R-1 Single -Family Residential Comprehensive Plan designation: Single -Family Detached Minimum Dimensions Proposed Dimensions Lot 1 Lot 2 Lot Size: 11, 000 sf 31,120 sf 65,480 sf Lot Width: 75' 104' 85'* * dimensions variable City Code, Title 1200, Chapter 1202 addresses subdivisions and procedures. Preliminary Plats are to be recommended for approval by the Planning Commission, and approved by the City Council (Public Hearing). Final Plats are reviewed and approved by the City Council. The Preliminary Plat and Final Plat have been reviewed by Community Development and Public Works staff, and found to be consistent with City Code requirements and the Comprehensive Plan. The City Attorney will review the Certificate of Title and submit a plat opinion prior to approval of the Final Plat by the City Council. A Developers Agreement is not necessary because no new lots will be created, nor will new public infrastructure be installed. Summary The applicant's own two adjacent residential lots on Hidden Hollow Ct, and Co Rd H2, and propose to move the common property line, increasing the size of the back yard of their residence on Hidden Hollow Ct. No new lots will be created. Recommendation Staff recommends approval of the Preliminary Plat contingent upon complying with the conditions in Resolution 1056-16. The Planning Commission is requested to consider the following options: Resolution 1056-16, approving the Preliminary Plat is attached if the Commission chooses this action. Planning Case MA2016-001 September 21, 2016 Page 3 2. The Planning Commission may choose to deny the Preliminary Plat. 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 120 -day requirements (Deadline: January 7, 2017) the Commission would need to act upon the request as soon as reasonably possible to avoid an inadvertent approval. Respectfully submitted, a� 9,4x Jon Sevald, AICP Planner Attachments 1. Preliminary Plat (Jul 8, 2016), Final Plat 2. Zoning Map 3. Aerial Map 4. Site Photos 6. Resolution 1056-16 PRELIMINARY PLAT OF: STEIL ADDITION N 88 1 tw rl;-- Forthe purposes of this Plat, the West line of Lot 33, KNOLLWOOD PARK Dm IG A UTIL. EASEM is assumed s s u in ed to bear N 01"40'44-W. EXISTING LEGAL DESCRIPTION: Lot 4, Block 1, HIDDEN HOLLOW, Ramsey County, Minnesota, UU) I II ---I Ld 26- AND 1 12932 Lot 33, KNOLLWOOD PARK, Ramsey County, Minnesota 4&3 V) 6 #2490 1z �21 1 -S -ST 'A 16.1 TOTAL AREA: -�7 CK z WDOD DE < .1 "" . 97,600± Sq. Ft. or 2.24 Acres .1 - -------- j U01 0 0 0 F" ZONING: U .0 0 0 R-1 Single Family Residential 0. < U/ 26 LOTsq.Ft. 1 y NOTES: garag3]XO+ r 0 1 1) Utilities shown are above ground, visible utilities only. 2) All easements shown on Lot 4, Block 1, HIDDEN HOLLOW are dedicated in the original plot. ■OHE olir OHE 33 be dedicated on the final plot. -I---.rh� P_' —1. P- 3) Drainage & Utility Easements shown on the existing Lot are to C�' Cf) 0 :r Cj >1 LEGEND 9 Lr\ 0 (D Z 1/2 Inch Iron Pipe Monument Found and "E 104.29 Marked 16456 Unless Otherwise Shown 2� m 86-19,�16 5 7 5 N 0 L- — — — — — Concrete Curb With Curb Cut 0 15 5i 115 --------- O % - Drainage and Ut i I i iy Easements to be Dedicated ----------------- - Drainage and Utility Easements Existing and Not Being C_ Re -Dedicated on This Plat - Water Main \ Service 0 0 Water Stop E Graphic Scale in Feet - Fire Hydrant - Sanitary Sewer\Service, Flow Direction ro 0 Q - `` ,r 1 i EN W 0 0 40 80 120 Storm Sewer, Catch Basin Flow Direction b€trio Na> 11611E 181.91 N 68,19 pd Buried Natural Gas Main 0 --- 82.99 --- C Z vi a _j:5 L50 2� 10 TEL _j 'g. .0 OHE `2 LOT 2 Overhead Power 0 65,460+ sqdt Z V_j 4,1 r DRAINAGE 0 gouvr? erdpTc' Telephone Communication Line _j: Significant Tree Located M -Maple; A -Ash; 0� BE Box Elder; B- Birch Lo` .5 q 2-24V zo 8 AND Z" 2Ft. Contour Line ---------- 918 ---------- O CA 0 U W X915.5 - Existing Spot Elevation 0 Ix Do UTILTY 0 OWNER: Timothy and Kelly Steil Bituminous Surface z H C1 t' 7255 Hidden Hollow Court z Mounds View, MN 55112 Concrete Surface Ln 0 Z" E- M EASEUENT SURVEYOR: Randy L. Kurth 6s `may D Kurth Surveying, Inc. S,Q0 �H S 4002 Jefferson St. NE Columbia Heights, MN 55421 coo F Phone: 763-788-9769 Pi T 6 Fax 7 3_788-7602 a FT. HIGHWAY AND UTILITY iASE-UFNT TO CITY OF MOUNDS Ks 1PKi)rthsijrvey 1 ng 1 nc . com V IEW PER DOC. NO. 505262 Go 'L C o7 VIEW — - -I- C1 49.26 ,T- — ---To4. a.:= 2 N 89.0812311E 153.56 0 N 0 zi P, ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- -------------------------------------------------------------------------------------------------------------------------------------------------------------------------- -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- -------------------------------------- -------------------------- ---------------------------------------- S T E I L A D D I T I® N I I I I I I I I I O ��• D, I I 0 •. o 0 I I I I I , I 1 I I I 1 ;r + I ' 1 I ' Z I I 7 I 0 I o 1 1 D I 51 N 88'19'16"E 104.29 15 r \L --------J P 1- � -- Sr------ 5 u1 6o 414 F -y DRAINAGE AND UTILITY EASEMENTS L=50.26 SHOWN THUS: n=48.00'35" R=60.00 I I 5 I I II 11 I+ 5 ARE UNDERLYING, PLATTED DRAINAGE AND UTILITY EASEMENTS AND ARE NOT BEING DEDICATED ON THIS PLAT DRAINAGE AND UTILITY EASEMENTS SHOWN THUS: II 5 -►I — — J L BEING 10 FEET IN WIDTH AND ADJOINING ALL STREET LINES AND 5 FEET IN WIDTH AND ADJOINING ALL LOT LINES, UNLESS SHOWN OTHERWISE, ARE BEING DEDICATED ON THIS PLAT "i Graphic Scale in Feet 0 40 80 120 KNOW ALL MEN BY THESE PRESENTS: That Timothy J. Steil and Kelly L. Steil, husband and wife, owners of the following described property situated in the City of Mounds View, County of Ramsey, State of Minnesota: Lot 4, Block 1, HIDDEN HOLLOW and Lot 33, KNOLLWOOD PARK; Have caused the same to be surveyedand platted as STEIL ADDITION and do hereby dedicate to The public for public use forever the drainage and utility easements as shown on this plat. In witness whereof, said Timothy J. Steil and Kell yy L. Steil, husband and wife, have caused these presents to be signed this day of , 2 . Timothy J. Steil STATE OF MINNESOTA COUNTY OF The foregoing instrument was acknowledged before me this by TimotFly J. Steil and Kelly L. Steil, husband and wife. y L. Stei day of 2 , Notary Public, Minnesota My Commission Expires I, Randy L. Kurth, Licensed Land Surveyor, do hereby certify that I have surveyed or directly supervised the survey of the property described on this plat; Prepared this plat or directly supervised the preparation of this plat; that this plat is a correct representation of the boundary survey; that all mathematical data and labels are correctly designated on this plat; that all monuments depicted on this plat have been correctly set; that all monuments indicated an this plat will be correctly set within one year; that all water boundaries and wet lands, as defined in Minnesota Statutes Section 505.01, Subd. 3, as of the date of the surveyor's certificate are shown and labeled on this plot; and that all public ways are shown and labeled on this plat. Randy L. Kurth, Land Surveyor - Minnesota License No, 20270 STATE OF MINNESOTA FOR THIS PLAT THE NORTH LINE OF THE SW1/4 OF COUNTY OF SECTION 7, TWP 30, RNG. 23 IS ASSUMED TO HEAR N 88'19'lb"E. The foregoing Surveyyor's Certificate was acknowledged before me this day of • DENOTES 1/2 INCH IRON PI 2 by Randy L. Kurth, a Licensed Land Surveyor. P FOUND AND MARKED LLS 1645 MONUMENT UNLESS OTHERWISE SHOWN. o DENOTES 1/2 INCH BY 14 INCH IRON PIPE MONUMENT SET AND HARKED WITH LICENSE NO. 20270 Notar Public, Minnesota • DENOTES CAST IRON MONUMENT y I I � My Commission Expires I I I� I I� I� I Ii I ,- I N 88.19' 16"E •—•--C� 181.91 _._i_ • 82.99-- ---82.99-- ,OF- c; 2.99 --- 10� i II I O Iw I DRAINAGE o 3 I I � + r <T AND r. tipf.h\ /•�y��1on UTILTY J o 0 w I P m I z pp4 N 1 13 I EASEMENT + Ir r � I ` I 1 FT. HIGHWAY AND UTILITY 1 F SEMEivi TO CI i i OF O ,4DS , r 'F + VIEW PER DOC. NO. 505262 15 �5 r 49.26 s. --104. o--- - " - N 89.08,�3"E 153.56 CITY OF MOUNDS VIEW We do hereby certify that on the day of 2 the City Council of the City of Mounds View, Ramsey County, Minnesota, approved this plat. Also, the conditions of Minnesota Statutes, Section 505.03, Subd. 2, have been fulfilled. Mayor Clerk/Treasurer Department of Property Records and Revenue Pursuant to Minnesota Statutes, Section 505.021, Subd. 9, taxes pa able in the year 2 on the land herein described have been paid. Also, pursuant to Minnesota Statutes, Section 272.12 there are no delinquent taxes and transfer entered this day of 2 Department of Property Records and Revenue By Deputy County Surveyor Pursuant to Minnesota Statutes, Section 383A.42, this plat is approved this day of 2 Craig W. Hinzman, L.S. Ramsey County Surveyor REGISTRAR OF TITLES, COUNTY OF RAMSEY, STATE OF MINNESOTA I hereby certify that this plat of STEIL ADDITION was filed in the office of the Registrar of Titles for public record on this day of , 20 at o'clock .M. and was duly filed in Book of plats, Page as Document Number eputy Registrar of Titles KURTH SURVEYING. INC. a In WEST 1/4 CORNER, i SEC. 7 T-3 R.23 r CAST IRON lONUMFNf - I r� r • r' `Y' In (�� / 1 ' , , , . en 1 1 '••' ` --N 88.19' 16"E 762.29 ------x- ------ NORTH LINE OF THE SW I/4, SEC. 7, T.30, R.23 I I to M S 01'40'44"E - 33.00 -" - N 8819'16"E 104.29 75 J�oQ�r � 5F ------- 751\`\ + Y I I I I I I I I I O ��• D, I I 0 •. o 0 I I I I I , I 1 I I I 1 ;r + I ' 1 I ' Z I I 7 I 0 I o 1 1 D I 51 N 88'19'16"E 104.29 15 r \L --------J P 1- � -- Sr------ 5 u1 6o 414 F -y DRAINAGE AND UTILITY EASEMENTS L=50.26 SHOWN THUS: n=48.00'35" R=60.00 I I 5 I I II 11 I+ 5 ARE UNDERLYING, PLATTED DRAINAGE AND UTILITY EASEMENTS AND ARE NOT BEING DEDICATED ON THIS PLAT DRAINAGE AND UTILITY EASEMENTS SHOWN THUS: II 5 -►I — — J L BEING 10 FEET IN WIDTH AND ADJOINING ALL STREET LINES AND 5 FEET IN WIDTH AND ADJOINING ALL LOT LINES, UNLESS SHOWN OTHERWISE, ARE BEING DEDICATED ON THIS PLAT "i Graphic Scale in Feet 0 40 80 120 KNOW ALL MEN BY THESE PRESENTS: That Timothy J. Steil and Kelly L. Steil, husband and wife, owners of the following described property situated in the City of Mounds View, County of Ramsey, State of Minnesota: Lot 4, Block 1, HIDDEN HOLLOW and Lot 33, KNOLLWOOD PARK; Have caused the same to be surveyedand platted as STEIL ADDITION and do hereby dedicate to The public for public use forever the drainage and utility easements as shown on this plat. In witness whereof, said Timothy J. Steil and Kell yy L. Steil, husband and wife, have caused these presents to be signed this day of , 2 . Timothy J. Steil STATE OF MINNESOTA COUNTY OF The foregoing instrument was acknowledged before me this by TimotFly J. Steil and Kelly L. Steil, husband and wife. y L. Stei day of 2 , Notary Public, Minnesota My Commission Expires I, Randy L. Kurth, Licensed Land Surveyor, do hereby certify that I have surveyed or directly supervised the survey of the property described on this plat; Prepared this plat or directly supervised the preparation of this plat; that this plat is a correct representation of the boundary survey; that all mathematical data and labels are correctly designated on this plat; that all monuments depicted on this plat have been correctly set; that all monuments indicated an this plat will be correctly set within one year; that all water boundaries and wet lands, as defined in Minnesota Statutes Section 505.01, Subd. 3, as of the date of the surveyor's certificate are shown and labeled on this plot; and that all public ways are shown and labeled on this plat. Randy L. Kurth, Land Surveyor - Minnesota License No, 20270 STATE OF MINNESOTA FOR THIS PLAT THE NORTH LINE OF THE SW1/4 OF COUNTY OF SECTION 7, TWP 30, RNG. 23 IS ASSUMED TO HEAR N 88'19'lb"E. The foregoing Surveyyor's Certificate was acknowledged before me this day of • DENOTES 1/2 INCH IRON PI 2 by Randy L. Kurth, a Licensed Land Surveyor. P FOUND AND MARKED LLS 1645 MONUMENT UNLESS OTHERWISE SHOWN. o DENOTES 1/2 INCH BY 14 INCH IRON PIPE MONUMENT SET AND HARKED WITH LICENSE NO. 20270 Notar Public, Minnesota • DENOTES CAST IRON MONUMENT y I I � My Commission Expires I I I� I I� I� I Ii I ,- I N 88.19' 16"E •—•--C� 181.91 _._i_ • 82.99-- ---82.99-- ,OF- c; 2.99 --- 10� i II I O Iw I DRAINAGE o 3 I I � + r <T AND r. tipf.h\ /•�y��1on UTILTY J o 0 w I P m I z pp4 N 1 13 I EASEMENT + Ir r � I ` I 1 FT. HIGHWAY AND UTILITY 1 F SEMEivi TO CI i i OF O ,4DS , r 'F + VIEW PER DOC. NO. 505262 15 �5 r 49.26 s. --104. o--- - " - N 89.08,�3"E 153.56 CITY OF MOUNDS VIEW We do hereby certify that on the day of 2 the City Council of the City of Mounds View, Ramsey County, Minnesota, approved this plat. Also, the conditions of Minnesota Statutes, Section 505.03, Subd. 2, have been fulfilled. Mayor Clerk/Treasurer Department of Property Records and Revenue Pursuant to Minnesota Statutes, Section 505.021, Subd. 9, taxes pa able in the year 2 on the land herein described have been paid. Also, pursuant to Minnesota Statutes, Section 272.12 there are no delinquent taxes and transfer entered this day of 2 Department of Property Records and Revenue By Deputy County Surveyor Pursuant to Minnesota Statutes, Section 383A.42, this plat is approved this day of 2 Craig W. Hinzman, L.S. Ramsey County Surveyor REGISTRAR OF TITLES, COUNTY OF RAMSEY, STATE OF MINNESOTA I hereby certify that this plat of STEIL ADDITION was filed in the office of the Registrar of Titles for public record on this day of , 20 at o'clock .M. and was duly filed in Book of plats, Page as Document Number eputy Registrar of Titles KURTH SURVEYING. INC. Planning Case MA2016-001 September 21, 2016 Page 6 W li Zoning Map 7415 7409 C 7405 7395 7375 7373 ►327 ►325 7317 N- 04 17290 '� CM CM N n N Ni _ C14M i.. Q - .I---- 72800 7285 o f7270 - - - - i v „) --0 7275 ti x7260 7265 I o--- HIDo N = 7234 N j� � C0.4to /126 --.. �/ I N N n^ 7200 7215 7188 7191 7161 7172 I 7151 3 7 1371 7150 �- o �� a �' s I o OM I 1 1 h 7125 i N � I ►� WOODALE ' I00I 0 04 M ►�_% Ipcpt� m aMi pN� 7 t 0O 709 (V N hi �' N , o --_ 1-1_` -0:� 4 p O 7085 7090 3 - - - --- LEGEND • R-1 7425 7430 B-2 7435 7434 SINGLE do TWO FAMILY RESIDENTIAL 7415 7406 HIGHWAY BUSINESS 7445 7412 B-4 - — -- — . z HIGH DENSITY RESIDENTIAL 1-1 INDUSTRIAL 7385 7380 MOBILE HOME ? 3'51 7382 R-0 �----7350 PUD PLANNED UNIT DEVELOPMENT _ NEIGHBORHOOD BUSINESS CRP � 7365 f 7360 ARE R-1 DISTRICTS 7365- - _�.... _ 7347 � I 341 321 34 __ 1! 33� 732 M o0 Mf 36 P I N ch � I rn pQ0 0 0 pq ton M N N N N 1 Zoning Map 7415 7409 C 7405 7395 7375 7373 ►327 ►325 7317 N- 04 17290 '� CM CM N n N Ni _ C14M i.. Q - .I---- 72800 7285 o f7270 - - - - i v „) --0 7275 ti x7260 7265 I o--- HIDo N = 7234 N j� � C0.4to /126 --.. �/ I N N n^ 7200 7215 7188 7191 7161 7172 I 7151 3 7 1371 7150 �- o �� a �' s I o OM I 1 1 h 7125 i N � I ►� WOODALE ' I00I 0 04 M ►�_% Ipcpt� m aMi pN� 7 t 0O 709 (V N hi �' N , o --_ 1-1_` -0:� 4 p O 7085 7090 3 - - - --- LEGEND • R-1 SINGLE-FAMILY RESIDENTIAL B-2 LIMITED BUSINESS R-2 SINGLE do TWO FAMILY RESIDENTIAL B-3 HIGHWAY BUSINESS R-3 MEDIUM DENSITY RESIDENTIAL B-4 REGIONAL BUSINESS 11-4 HIGH DENSITY RESIDENTIAL 1-1 INDUSTRIAL R -S MOBILE HOME PF PUBLIC FACILITIES R-0 RESIDENTIAL/OFFICE PUD PLANNED UNIT DEVELOPMENT 0-1 NEIGHBORHOOD BUSINESS CRP CONSERVANCY, RECREATION & PRESERVATION • AREAS N07 LABELED ARE R-1 DISTRICTS l :. k, '16 , I � -- _sem 00 f 9 1 4=+h+tilk �`• Vile, : f M' l :. k, '16 , I � -- _sem 00 f Planning Case MA2016-001 September 21, 2016 Page 9 Site Photos Figure 3: Back yard of Lot 2, looking north across ravine (09-13-2016) Figure -fir: Lot 2, hNW corner of ,- wy easement (south end of Lot 2), looking R-^: �^� (09-13-2016) MOUNDS VIEW PLANNING COMMISSION RESOULTION 1056-16 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF THE PRELIMINARY PLAT OF "STEIL ADDITION"; MOUNDS VIEW PLANNING CASE NO. MA2016-001 WHEREAS, Timothy Steil and Kelly Steil has requested approval of a preliminary plat for a major subdivision; and, WHEREAS, the above described lands are zoned R-1 Single Family Residential, guided for Detached Single -Family residential, and legally described as: Lot 33, Knollowod Park PIN: 07-30-23-32-0001 And; Lot 41 Block 11 Hidden Hollow PIN: 07-30-23-32-0026 WHEREAS, the proposed Preliminary Plat would create two developable parcels from two parcels (no net increase in lots); and, WHEREAS, the Community Development and Public Works staff have reviewed the Preliminary Plat and finds that it satisfies the minimum subdivision requirements as articulated in Titles 1100 and 1200 of the Mounds View Municipal Code and complies with county platting requirements; and, WHEREAS, in accordance with Section 1204.04, Subd 31 the subdivision is not subject to a Park Dedication Fee; and WHEREAS, the Mounds View Planning Commission has reviewed the following documents regarding this proposal: 1. Staff Report 2. Preliminary Plat (dated Jul 8, 2016) 3. Zoning Map 4. Aerial Map 5. Site Photos Planning Commission Resolution 1056-16 September 21, 2016 Page 2 NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission recommends approval of the Preliminary Plat of "Steil Addition" consisting of two lots, and submitted by Timothy and Kelly Steil, subject to the following conditions: 1. The applicant shall satisfy all requirements made by the City Attorney as stated in the plat opinion. 2. The applicant shall pay all City costs, including those of the City Attorney. NOW, THEREFORE, BE IT FINALLY RESOLVED, that the Mounds View Planning Commission directs staff to forward this resolution to the City Council prior to approval of the minutes. Adopted this 17th day of September, 2014. Gary Stevenson, Chair ATTEST: James Ericson, City Administrator (SEAL) Item No: 6A Meeting Date: Sept 21, 2016 MOUN-DS VIEW Type of Business: Other Planning Activity City of Mounds View Staff Report To: Mounds View Planning Commission From: Jon Sevald, Planner Item Title/Subject: Planning Commission Quorum Introduction At the September 7t" Planning Commission meeting, there was not a quorum present to approve a Variance. Staff was a little caught off guard, which warrants a review of what is quorum for what actions. Discussion City Code, Title 400 establishes Boards and Commissions, including: • Planning and Zoning Commission • Board of Adjustment and Appeals • Human Rights Commission • Police Civil Service Commission • Parks and Recreation and Forestry Commission • Mounds View Festivities Commission • Economic Development Commission The Board of Adjustments and Appeals consists of the Planning Commission members'. By the Numbers: 7 Total members of the Planning Commission 2. The Chair and all members have equal voting privileges. 4 Quorum3 needed for the Planning Commission to "recommend" action to the City Council (City Council takes final action for approval/denial), or take any other action on a non -Variance item. 1 City Code, Section 402.01 Z City Code, Section 401.02, Subd 1 3 City Code, Section 401.06, Subd 5 Planning Commission Item 6A September 21, 2016 Page 2 FYI: The City Council must have a 4/5's vote for approval of a Rezoning from residential to commercial/industria14, and a 3/5's vote for all other action on a recommendation by the Planning Commission.5 5 Quorum (i.e. 2/3's of the "full" Planning Commission6) needed for the Board of Adjustment to approve a variance. 2/3's Planning Commission meetings must end at or before 11:00 PM, unless 2/3's of the members present agree to extend the meeting.? If a quorum is not present: If a quorum is not present, the Planning Commission cannot conduct official business, such as conducting a Public Hearing, recommend action to the City Council, or approve an appeal or variance, or approve meeting minutes. If a quorum is not present, the Planning Commission can still convene an advertised public meeting and accept public testimony for the record (not a Public Hearing). In this case, the Chair, Vice -Chair, or a member agreed upon by those members present (if Chair & Vice -Chair are absent) conducts the meeting.$ A scheduled meeting may be canceled by the Chair, City Administrator or designee, if there is no business, no quorum, or in case of inclement weather. If canceled, notification will be given to the Commissioners and posted as required by State Statutes. Recommendation No action is necessary. As always, Staff requests that if a Commissioner knows that they will be absent or late to a meeting, that they contact Staff or the Chair, prior to the meeting. Respectfully submitted, Jon Sevald, AICP Planner 4 MN Statute §462.357, Subd 2(b) 5 City Code, Section 1125.01, Subd 1(j) 6 City Code, Section 1125.02, Subd 4(f) Planning Commission Bylaws, Section VI C(3) 8 Planning Commission Bylaws, Section IV (C) -DRAFT - PROCEEDINGS OF THE MOUNDS VIEW PLANNING COMMISSION CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting July 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 7:00 p.m. for July 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 1054-16, a Resolution recommending approval of a Text 2 Amendment to the Mounds View Municipal Code Chapters 1102, 1103 And 1106 relating to Accessory Dwelling Units Approval of Minutes 4 3. Special Order of Business None. 4. Citizens Requests and Comments on Items Not on the Agenda None. Mounds View Planning Commission Regular Meeting 5. Planning Cases July 20, 2016 Page 2 A. Consider Resolution 1055-16, a Resolution recommending approval of a Text Amendment to the Mounds View Municipal Code, Chapters 1102, 1103, and 1106 relating to Accessory Dwelling Units. Planner Sevald requested the Council consider a text amendment to the City's Municipal Code regarding accessory dwelling units. He provided comment on the discussion held at the Planning Commission meeting on July 6th regarding this topic and noted staff had revised the code per their discussion. It was noted an accessory use would be permitted if located within a single- family residential home and would be a conditional use if made an addition to an existing home or would be placed within/above a garage or accessory structure. The proposed licensing procedure that would be followed by the City was discussed. Staff reviewed the text amendment in further detail with the Commission and recommended approval. Chair Stevenson questioned how staff would define "most of the year". Planner Sevald reported that a home was considered homesteaded if the homeowners lived on the property for six months and one day. Commissioner Schiltgen discussed the dwelling license fees. Planner Sevald reviewed the proposed fees and reductions that would be offered to trained property owners. Commissioner Klander requested comment from staff on how the accessory unit could not be viewed as a separate dwelling. Planner Sevald discussed this language further and noted accessory units were to match the primary home architecturally. He provided further comment on how external accessory units would be reviewed by staff. Commissioner Klander recommended this language be removed from the text amendment in order to remove any confusion. Planner Sevald requested the language remain as is as this would require all future accessory units to match the primary home. Chair Stevenson supported the language as recommended by staff. Commissioner Rundle commented on the number of garages the Commission has approved that could support an apartment on the second level. Commissioner Klander suggested the language be altered to read the dwelling unit shall have the appearance of one property. Commissioner French understood Commissioner Klander's concerns. Further discussion ensued regarding an ADU's dependence on the primary structure. Chair Stevenson suggested the language be amended to read the site shall be one unified property. Mounds View Planning Commission Regular Meeting July 20, 2016 Page 3 Commissioner Klander supported this recommendation. He wanted to see the exterior design and the hardscape of an ADU match the primary structure. City Administrator Ericson commented on the intent of the language. He suggested the language under Item D be amended to read accessory dwelling units shall be consistent with the primary structure yet shall be subordinate to the principle structure. The Commission supported this recommendation. Commissioner Love asked if an 18 -foot garage height was too limiting. She did not want to see garages with flat roofs and suggested the maximum roof height be increased in order to allow ADU's within the second story of a garage. Chair Stevenson reviewed the City's current height restrictions for garages. He believed that garages in excess of 20 feet were not consistent with Mounds View neighborhoods. Commissioner Schiltgen did not anticipate that ADU's would be a very large issue in the City of Mounds View. He stated he did not have a detached garage, but if he could, he would want it to be taller than 18 feet. He asked if the City could consider a variance to the 18 -foot height limit. Chair Stevenson questioned how the City could make exceptions, considering the fact that a number of garages have been approved at the 18 -foot height limit. He recommended that the rules remain the same and that residents make requests above and beyond 18 -feet through the variance procedure. Planner Sevald reviewed the variance approval process noting a resident would have to show a practical difficulty. MOTION/SECOND: Commissioner Rundle/Commissioner French. To approve Resolution 1054-16, a Resolution Recommending Approval of a Text Amendment to the Mounds View Municipal Code, Chapters 1102, 1103, and 1106 relating to Accessory Dwelling Units, as amended above. Ayes — 6 Nays — 0 Motion carried. 6. Other Planning Activity None. 7. Reports A. Upcoming Planning Cases & Activity Planner Sevald stated he had no pending planning cases. Mounds View Planning Commission Regular Meeting B. Staff Updates July 20, 2016 Page 4 Planner Sevald provided the Commission with an update from staff. He explained a number of residents have been asking for further information on County Road I. It was noted this project would be completed in August. He reviewed the estimated water usage of a number of area microbreweries in response to a question asked by the Commission during the July 6th Planning Commission meeting. C. Council Updates Council Member Meehlhause provided the Planning Commission with an update from the City Council. He reported the City Council opted out of the State legislation regarding family health care dwellings due to code enforcement concerns. He appreciated the work the Commission was doing on the accessory dwelling unit Ordinance text amendment. He indicated the Council approved an environmental assessment of the Public Works Facility and additional funding for the 2016 sanitary sewer rehabilitation project. Lastly, he noted the Council approved the installation of cable for security cameras at City Hall. D. Planning Commissioner Reports Commissioner Love commented on the City's Comprehensive Plan update. She stated she was interested in learning how Mounds View was becoming more diverse. She reviewed information from the school district on the numerous languages being spoken in the community's homes. She believed there was a serious concern with the mental health issues that the public schools were having to deal with. 8. Approval of Minutes July 6, 2016. Commissioner Love requested a change on Page 4 asking that the word detached be removed from her comment. Chair Stevenson requested a change on Page 6 noting he offered congratulations to Commissioner Klebsch on behalf of the Commission. MOTION/SECOND: Commissioner Schiltgen/Commissioner Love. To approve the Minutes of the July 6, 2016 regular Planning Commission meetings as slightly amended. Ayes — 6 Nays — 0 Motion carried. 9. Next Planning Commission Meeting: Mounds View Planning Commission Regular Meeting A. Wednesday, August 3, 2016 B. August 17, 2016 10. Adjournment July 20, 2016 Page 5 There being no further business before the Planning Commission, Chair Stevenson adjourned the meeting at 8:00 p.m. Respectfully submitted, Jon Sevald Planner Transcribed by: Heidi Guenther TimeSaver Off Site Secretarial, Inc. PROCEEDINGS OF THE MOUNDS VIEW PLANNING COMMISSION CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting September 7, 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 Love at 7:00 p.m. for September 7, 2016. 2. Roll Call Members Present: Commissioners French, Klebsch, Love, and Schiltgen. Absent and Excused: Commissioners Klander, Rundle and Stevenson. Also Present: Planner Jon Sevald and Council Member Gary Meehlhause. Index to Minutes Page VR2016-04 Variance Request for a 30' front yard setback 1 Approval of Minutes 4 3. Special Order of Business None. 4. Citizens Requests and Comments on Items Not on the Agenda None. 5. Planning Cases A. Consider Resolution 1055-16, a Resolution approving a Variance for a 30' front yard setback at 7790 Eastwood Road; Planning Case VR2016-04 Mounds View Planning Commission Regular Meeting September 7, 2016 Page 2 Planner Sevald stated the applicant (Value Homes, LLC) is requesting a Variance to reduce the front yard setback from 54' to 30' to construct a single-family home at 7790 Eastwood Road. The minimum front yard setback in the R-1 district is 30' unless homes on the same side of the street have a greater setback (54' in this case). The request is due to the hardship of a private drainage easement reducing the buildable area of the lot. He reported staff received one comment from a neighbor who opposed the variance request. Staffs discussed the request in further detail, and recommended that the Planning Commission hold a public hearing and approve the variance as requested. Commissioner French asked if the City had any control over the easement. Planner Sevald explained the easement was a private matter between two property owners. Commissioner Klebsch questioned how many neighbors were notified. Planner Sevald estimated that 30 residents were notified for the variance request. Vice Chair Love opened the public hearing at 7:23 p.m. Eric Olestad, applicant, 4716 123rd Lane NE in Blaine, explained he purchases lots and builds spec homes throughout the north metro. He indicated he worked to build his homes with a high level of quality while keeping them affordable. He stated when he originally purchased this lot he believed the easement would go away, which was not the case. He appreciated staff's assistance with this matter stating he was working to save as many trees as possible. Commissioner Schiltgen questioned the price of the new home. Mr. Olestad anticipated the house would be $269,000 to $299,000. Commissioner Klebsch asked how many square feet the new home would have. Mr. Olestad estimated the home would have approximately 2,000 square feet. Marissa Raiz, 7851 Sunnyside, explained her home abuts this property. She requested the variance not be approved. She feared that the existing wooded lot was too small for the proposed home. She indicated she would be disappointed to see all of the existing trees removed to make room for a new home and did not believe the proposed setbacks were keeping in line with the surrounding homes. Mr. Olestad reviewed the setbacks for the adjacent homes. Vice Chair Love understood this was a private lot and Mr. Olestad did have the right to remove his trees. She asked for further comments from the Commission. Planner Sevald reported the Commission would not be able to approve the variance this evening given the fact only four members were in attendance and the vote required a two-thirds vote of the full Commission. He stated the variance could be denied or continued to the next Planning Commission meeting, which would be held on September 21St. Mounds View Planning Commission Regular Meeting Vice Chair Love closed the public hearing at 7:37 p.m. September 7, 2016 Page 3 Commissioner Klebsch discussed private property owners' rights but also sympathized with the adjacent property owners and their concern for the trees. She appreciated the concerns raised this evening regarding the loss of trees. Commissioner French agreed with Commissioner Klebsch and recommended the matter be tabled to the September 21St meeting. Commissioner Schiltgen supported the request and was disappointed that the Commission could not take action on the request this evening. Planner Sevald discussed the review timeline for this Planning Case and noted this item would be approved on September 23rd if no action was taken by that date. MOTION/SECOND: Commissioner Klebsch/Commissioner French. To Table Action on Planning Case No. VR2016-004 to the September 21, 2016 Planning Commission meeting. Commissioner Schiltgen stated again for the record that he supported the variance. Ayes -3 6. Other Planning Activity None. 7. Reports Nay — 1 (Schiltgen) Motion carried. A. Upcoming Planning Cases & Activity Planner Sevald discussed upcoming planning cases. Commissioner Klebsch excused herself from the meeting. B. Staff Updates Planner Sevald provided the Commission with an update from staff. He reported staff was working to retool the City's website. He discussed a training opportunity for the Planning Commissioners which would be held on Thursday, October 20t . C. Council Updates Mounds View Planning Commission Regular Meeting September 7, 2016 Page 4 Council Member Meehlhause provided the Planning Commission with an update from the City Council. He explained the Council had signed a contract with a consultant to assist the City with updating its antiquated website. He discussed the progress being made on the design of the new Public Works facility. He indicated the Council was also addressing the childcare provider at the Community Center. He was proud to report Police Chief Nate Harder was sworn in at the Council's last meeting. He reported the Council was working with MnDOT to ensure a sound wall was constructed along US Highway 10 across from Medtronic as part of the I35W MnPASS project. Residents in the LaPort neighborhood would be voting on this matter at an upcoming neighborhood meeting. He was proud of the fact that County Highway 10 in Mounds View had been changed on Google Maps to Mounds View Boulevard. D. Planning Commissioner Reports None. 8. Approval of Minutes The Commission did not have a quorum to take action on the Planning Commission minutes from July 20, 2016. 9. Next Planning Commission Meeting: A. Wednesday, September 21, 2016 B. Wednesday, October 5, 2016 10. Adjournment There being no further business before the Planning Commission, Vice Chair Love adjourned the meeting at 8:00 p.m. Respectfully submitted, Jon Sevald Planner Transcribed by: Heidi Guenther TimeSaver Off Site Secretarial, Inc.