Loading...
HomeMy WebLinkAbout11-04-2015 PLANNING COMMISSION REGULAR MEETING AGENDA November 4, 2015 -- 7:00 P.M. 1. Call to Order 2. Roll Call 3. Approval of Minutes September 2, 2015 4. Citizens Requests and Comments Relating to Planning and Zoning Issues Not Already on the Agenda. (Before speaking, give your full name and address for the record.) 5. Planning Cases A. CU2015-002 Conditional Use Permit to Allow a 1,239 Square Foot Oversize Garage Applicant: Steven Smith Address: 2443 Hillview Road 6. Other Planning Activity A. None 7. Review Minutes A. October 7, 2015 8. Reports A. Upcoming Planning Cases B. Staff Updates C. Council Updates D. Planning Commissioner Reports 9. Next Planning Commission Meetings A. Wednesday, November 18, 2015 B. Wednesday, December 2, 2015 10. Adjourn PROCEEDINGS OF THE MOUNDS VIEW PLANNING COMMISSION CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting October 7, 2015 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 October 7, 2015. ______________________________________________________________________________ 2. Roll Call Members Present: Commissioners Klander, Love, Rundle, Schiltgen, and Stevenson. Absent and Excused: Commissioners Elofson and Kieffer. Also Present: Planning Associate Heidi Heller and Council Member Gary Meehlhause. ______________________________________________________________________________ Index to Minutes Page Approval of Minutes 1 VR2015-008 Variance to Allow a Reduced Side Yard Setback for Living 2 Space and to Allow an Addition and Garage to Expand on the Non-Conforming Front Setback Discuss Proposed Code Amendment to Allow Fences Taller than 3 4-Feet in Front Yards of Corner Lots _____________________________________________________________________________ 3. Approval of Minutes August 19, 2015. MOTION/SECOND: Commissioner Love/Commissioner Rundle. To approve the Minutes of the August 19, 2015 regular Planning Commission meeting as slightly amended. Ayes – 5 Nays – 0 Motion carried. Mounds View Planning Commission October 7, 2015 Regular Meeting Page 2 ________________________________________________________________________ 4. Citizens Requests and Comments on Items Not on the Agenda None. ______________________________________________________________________________ 5. Planning Cases A. VR2015-008 Variance to Allow a Reduced Side Yard Setback for Living Space and to Allow an Addition and Garage to Expand on the Non- Conforming Front Setback Applicant: Jason and Sarah French Address: 2474 County Road H2 Planning Associate Heller indicated the property owner, Jason French, is requesting a variance to permit a garage and living space addition to his house at 2474 County Road H2 to encroach five feet into the required ten-foot side yard setback. The variance is also requesting that the new garage be allowed to have the same front setback as the house, which is less than the minimum required. The owners want to build a new attached garage and expand the second floor of the house over the garage. The new garage and second floor would have a five-foot side yard setback, which is acceptable for the garage, but the living space setback requirement is ten feet. The addition area would also be brought forward slightly to match the existing front line of the house. Staff discussed the request further and recommended approval of the side and front yard setbacks. Chair Stevenson opened the public hearing at 7:05 p.m. Jason French, 2474 County Road H2, thanked the Commission for considering his request. Chair Stevenson asked how much space there was between the garage and the neighbor’s fence; and then from the fence to the neighbor’s house. Mr. French estimated there was six feet between the garage and the fence. He guessed that there was approximately 10 feet between the fence and the neighbor’s house. Commissioner Rundle and Commissioner Schiltgen supported the proposed improvements. Commissioner Love questioned if the applicant had discussed his plans with the neighbor. Mr. French commented that he had not spoken to his neighbor. Chair Stevenson closed the public hearing at 7:09 p.m. Chair Stevenson thanked the applicant for providing the Commission with detailed plans of the site. Mounds View Planning Commission October 7, 2015 Regular Meeting Page 3 ________________________________________________________________________ MOTION/SECOND: Commissioner Schiltgen/Commissioner Rundle. To approve Resolution 1036-15, a Resolution Recommending Approval of a Variance to allow a Five-Foot Side Yard Setback for Living Space and Allow an Addition and Garage to Match the Existing House 19.8 Front Foot Setback at 2474 County Road H2; Planning Case No. VR2015-008. Ayes – 5 Nays – 0 Motion carried. _____________________________________________________________________________ 6. Other Planning Activity A. Discuss Proposed Code Amendment to Allow Fences Taller Than 4-Feet in Front Yards of Corner Lots Planning Associate Heller informed the Commission that at the September 2, 2015 Planning Commission meeting, the Commission discussed allowing 6-foot or 8-foot fences in the second front yard of corner lots. The Zoning Code currently allows fences up to 4-feet tall in any part of a property. Fences that are taller than 4-feet are only allowed behind the front line of the house (the Zoning Code allows fences up to 8-feet tall). Properties that are on corners have two front yards and therefore are limited in where they can put a taller fence. Property owners want the taller fences for privacy and safety, and the Planning Commission has been very understanding of this and approved every fence height variance request. Commissioners have suggested that the zoning code should be amended to allow for these taller fences since there have been several variance requests for taller fences and they are always approved. Associate Heller explained the Planning Commission agreed that it’s time to amend the zoning code to allow for over 4-foot tall fences on corner lots. The Commission suggested allowing up to a 6-foot fence in the second front yard of a corner lot with at least a 1-foot setback on the street frontage side. A fence taller than six feet on a corner lot would still need to go through the variance process. Staff reviewed the proposed code amendment further and requested feedback from the Commission. Commissioner Schiltgen questioned how tall hedges would be handled by the City. Associate Heller explained that staff regularly drives around the City and when hedges were too high at intersections, property owners were asked to trim them down to improve visibility at intersections. Commissioner Love asked how residents would able to locate their property line. Associate Heller stated City staff assist as much as possible with this and can give homeowners their property dimensions. She stated if the homeowner could not find the property marker pins on their own, a surveyor would need to be hired. Mounds View Planning Commission October 7, 2015 Regular Meeting Page 4 ________________________________________________________________________ MOTION/SECOND: Commissioner Rundle/Commissioner Klander. To approve Resolution 1037-15, a Resolution Recommending Approval of an Amendment to Chapter 1103 of the Mounds View City Code Pertaining to Fencing; Special Planning Case SP-198-15. Commissioner Klander recommended that staff review City Code to see if there are any other front yard fence references that should be amended. Associate Heller stated she would examine this. Commissioner Love questioned why six-foot fences had to be further off the property line. She explained that this requirement would have homeowners losing a great deal of useable square footage in their yards. Associate Heller stated in this case, the recommendation was being made to ensure fences were placed out of the right of way. Commissioner Love suggested that all corner lot fences that abut a street be at least one foot off the property line to keep this requirement consistent. The Commission requested that staff require all fencing on corner lots have one-foot minimum setback from the property line. Associate Heller added this language to the Resolution as Item D. Ayes – 5 Nays – 0 Motion carried. ______________________________________________________________________________ 7. Review Minutes: A. September 2, 2015 The Commission discussed the September 2, 2015 meeting minutes. No changes were made. 8. Reports A. Upcoming Planning Cases Planning Associate Heller discussed upcoming planning cases. B. Staff Updates Planning Associate Heller provided the Commission with an update from staff. She noted the Council will start talking to a developer about the redevelopment of the Crossroads Pointe site. Mounds View Planning Commission October 7, 2015 Regular Meeting Page 5 ________________________________________________________________________ C. Council Updates Councilmember Meehlhause provided the Planning Commission with an update from the City Council. He explained the Council was working on a space needs study for a new public works facility. In addition, the Council accepted a second annual donation from Bethlehem Baptist Church. He provided further comment on the recently approved preliminary tax levy. D. Planning Commissioner Reports None. 9. Next Planning Commission Meeting: A. Wednesday, October 21, 2015 B. Wednesday, November 4, 2015 ______________________________________________________________________________ 10. Adjournment There being no further business before the Planning Commission, Chair Stevenson adjourned the meeting at 7:57 p.m. ______________________________________________________________________________ Respectfully submitted, Heidi Heller Planning Associate Transcribed by: Heidi Guenther TimeSaver Off Site Secretarial, Inc. Item No: 5A Meeting Date: November 4, 2015 Type of Business: Planning Case City of Mounds View Staff Report To: Mounds View Planning Commission From: Heidi Heller, Planning Associate Item Title/Subject: Consideration of a Conditional Use Permit for an Oversized Garage at 2443 Hillview Road; Planning Cases CU2015-002 Introduction: The applicant, property owner Steven Smith, is requesting approval of a conditional use permit to construct an addition to the existing attached garage on his property at 2443 Hillview Road. The applicant plans to add a 29.5’ x 20’ addition (590 square feet) to the rear of the existing 29.5’ x 22’ (649 square feet) garage, which would create an oversize 1,239 square foot garage. The applicant has submitted plans for a garage larger and wider than what the City Code allows as a permitted use. The City limits the size of accessory buildings, whether attached or detached from the house, to a maximum of 952 square feet. Any building larger than 952 square feet must get City approval of a conditional use permit. The garage the applicant is proposing would be 1,239 square feet. Requirements: Section 1106.03, Subd. 1: This part of the Code limits the height of an accessory building, the number of accessory buildings, the backyard coverage ratio of accessory buildings and specifies roof style and pitch. A Conditional Use Permit (CUP) is required for garages exceeding 952 square feet. Section 1106.04, Subd. 6: This part of the Code enumerates the conditions for garages exceeding 952 square feet. The garage must be permanent, be uniform in appearance with the home, not exceed 35 feet in width, and not exceed 1,800 square feet of total accessory building area on the lot. Section 1125.01, Subd. 1: The Planning Commission is required to review the possible adverse effects of the requested conditional use. Discussion: The request for a Conditional Use Permit to construct the 1,239 square foot garage satisfies the requirements as stated in Section 1106.03 and 1106.04, Subdivision 6 of the Mounds View Zoning Code. The proposed garage would meet all City setback, height and accessory building coverage requirements. The applicants’ property is 0.41 acres (143.57’ x 125’). The City Code limits backyard building coverage to 20% of the yard area. The garage addition would cover approximately 7.8% of the backyard area. 2443 Hillview Road CUP Request November 4, 2015 Page 2 The City Code also specifies that the roof for all accessory buildings exceeding 250 square feet, shall match or be similar to the character and style of the roof of the principal structure, and have a pitch or slope of at least 2-12, but no steeper than 12-12. CUP Considerations: Chapter 1125 of the Zoning Code requires that the Planning Commission review and address any potential adverse effects of a conditional use that include, but are not limited to, the relationship with the Comprehensive Plan, geographical area involved, potential depreciation, the character of the surrounding area and the demonstrated need for such a use. Staff has addressed each of these potential adverse effects below. Relationship with the Comprehensive Plan. The Comprehensive Plan designates this property as low-density residential, as well as the surrounding area. The Comp Plan encourages the development and maintenance of residential areas to improve the quality, appearance and attractiveness of housing units and residential property in general. W ith this project, the applicant would be creating more garage space for storage. Such additional storage would be a benefit to the property and to the neighborhood. The Geographical Area Involved. The applicants’ home is located on Hillview Road, in an established single-family residential neighborhood. Depreciation. The proposed garage would benefit the subject property both in a practical sense by providing additional on site, indoor parking and storage, as well as in an economic sense, as the addition would increase the “value” of the property. Increased property values are a benefit to everyone. The Character of the Surrounding Area. The applicants neighborhood is entirely single-family residential. The homes in this area are a variety of styles with a lot of wooded areas, and the lot sizes vary. The garage will be the same width as it is now so the front appearance of the house will not change. The garage will just extend an additional 20 feet into the backyard. The Demonstrated Need for Such a Use. The applicant is proposing a 1,239 square foot garage that would allow for more indoor storage and workshop space, along with vehicle parking. 2443 Hillview Road CUP Request November 4, 2015 Page 3 Recommendation: After taking testimony from staff, the applicant and affected neighbors, the Commission may take any of the following actions below related to the requests. Staff recommends approval of this conditional use permit. 1. Recommend approval of the CUP as requested. Staff has prepared Resolution 1038- 15 that approves the conditional use permit if the Commission chooses this action. 2. Choose to deny the conditional use permit. If the Commission chooses this option, Staff would need direction from the Planning Commission to prepare a resolution of denial with findings of fact to support the denial. 3. Table the request. If the Planning Commission needs more information before making a decision or if they decide that there is need for more discussion, the Commission can simply move to table the request until such information has been provided. Because of 60-day requirements, the Commission would need to act upon the request as soon as reasonably possible to avoid an inadvertent approval. Respectfully submitted, Heidi Heller Planning Associate Attachments: 1. Zoning Map 2. Aerial Views 3. Photos 4. Proposed plan 5. Resolution 1038-15 Zoning Map * Properties not indicated with a designation are zoned R-1, Single Family Residential County Road I N Bronson PROPOSED GARAGE 29.5’ W x 42’ L N Aerial View Aerial View Photos View of front of house Hillview Road Rear of property – garage addition would be the same width as the current garage and extend 20 feet to the rear. The clothesline poles are about 30 feet from the garage. Proposed Site Plan MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 1038-15 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF A CONDITIONAL USE PERMIT TO ALLOW FOR A 1,239 SQUARE-FOOT GARAGE AT 2443 HILLVIEW ROAD; PLANNING CASE CU2015-002 WHEREAS, property owner, Steven Smith, has applied for a conditional use permit to construct a 1,239 square foot garage; and, WHEREAS, the subject property, located at 2443 Hillview Drive, is zoned R-1, Single Family Residential, and is legally described as follows: Woodlawn Terrace, Except the East 150 feet of Lot 31, Ramsey County, Minnesota PIN: 05-30-23-32-0040 WHEREAS, the Mounds View Zoning Code conditionally allows garages in excess of 952 square feet in area with a maximum accessory building area not to exceed 1,800 square feet; and, WHEREAS, the proposed garage would be 1,239 square feet, thus requiring City approval of a conditional use permit; and, WHEREAS, the Planning Commission has reviewed the following documents regarding this proposal: 1. Zoning Map 2. Aerial View 3. Site plan 4. Photographic documentation 5. Staff Report NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission makes the following findings of fact related to the conditional use permit request: 1. The proposed oversized 1,239 square foot garage satisfies the zoning requirements as outlined in Chapters 1104 and 1106 the Zoning Code. 2. The request is consistent with the Mounds View Comprehensive Plan in that the Comprehensive Plan encourages the development and maintenance of residential areas to improve the quality, appearance and attractiveness of housing units and residential property in general. Resolution 1038-15 Page 2 3. The proposed garage would not be out of place given the character and geography of the surrounding area involved. 4. The proposed garage would not depreciate the neighborhood. 5. The applicant has sufficiently demonstrated that a need exists for the proposed oversized garage. NOW, THEREFORE, BE IT FURTHER RESOLVED that the Mounds View Planning Commission recommends approval of the conditional use permit for the 1,176 square foot garage, with conditions as follows: 1. The garage shall not be used for commercial purposes, living space or other uses not allowed within the R-1 Single-Family Residential district or by the Zoning Code. Should the use change for which the permit was granted; the conditional use permit shall be considered null and void. 2. The new garage shall be designed and maintained to provide a uniform appearance with the existing house. 3. The Conditional Use Permit (CUP) shall become null and void if the work for which the CUP was granted is not completed within one year from the date of approval unless a petition for extension of time in which to complete the work has been granted by the City Council. 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 4th day of November, 2015. _____________________________________ Gary Stevenson, Chair ATTEST: _____________________________________ James Ericson, City Administrator (SEAL)