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HomeMy WebLinkAbout06-04-2014 PLANNING COMMISSION REGULAR MEETING AGENDA June 4, 2014 -- 7:00 P.M. 1. Call to Order 2. Roll Call 3. Approval of Minutes: May 7, 2014 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. VR2014-004 Variance for a Second Curb Cut - revote Applicant: Frands Jensen Address: 7800 Groveland Road B. VR2011-002 & VR2011-005 Variance Extensions for Reduced Driveway Setback Applicant: Michael Kinyon Address: 5338-5340 Raymond Avenue & 5380-5382 Raymond Avenue C. VR2014-005 Variance for 6 foot Fence in Second Front Yard of a Corner Lot Applicant: Ron O’Connell Address: 2296 Terrace Drive 6. Other Planning Activity A. None 7. Next Planning Commission Meetings: A. Wednesday, June 18, 2014 B. Wednesday, July 2, 2014 8. Review Minutes: A. May 21, 2014 9. Staff Reports A. Upcoming Planning Cases 10. Chairperson and Planning Commissioner’s Reports 11. Meeting Conclusion PROCEEDINGS OF THE MOUNDS VIEW PLANNING COMMISSION CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting May 21, 2014 Mounds View City Hall 2401 Highway 10, Mounds View, MN 55112 ______________________________________________________________________________ 1. Call to Order The meeting was called to order by Vice Chair Schiltgen at 7:00 p.m. for May 21, 2014. ______________________________________________________________________________ 2. Roll Call Members Present: Commissioners Birken, Carvelli-Yu, Elofson, Love, Rundle, and Schiltgen, Absent and Excused: Commissioner Stevenson. Also Present: Planning Associate Heidi Heller. ______________________________________________________________________________ Index to Minutes Page Approval of Minutes 1 VR2014-002 Consideration of Variance for an 8-foot Fence in Second 2 Front Yard of a Corner Lot VR2014-003 Consideration of Variance for a 6-foot Fence in Second 2 Front Yard of a Corner Lot VR2014-004 Consideration of Variance for a Second Curb Cut 3 _____________________________________________________________________________ 3. Approval of Minutes April 16, 2014. MOTION/SECOND: Commissioner Rundle/Commissioner Carvelli-Yu. To approve the Minutes of the April 16, 2014 regular Planning Commission meeting as presented. Ayes – 6 Nays – 0 Motion carried. Mounds View Planning Commission May 21, 2014 Regular Meeting Page 2 ________________________________________________________________________ 4. Citizens Requests and Comments on Items Not on the Agenda None. ______________________________________________________________________________ 5. Planning Cases A. VR2014-002 Consideration of a Variance for 8-foot Fence in Second Front Yard of a Corner Lot Applicant: Michael Winkel Address: 7701 Bona Road Planning Associate Heller indicated the applicant, Mike Winkel, is requesting a variance to install an 8-foot tall fence in the “second front yard” of his corner lot located at 7701 Bona Road. She explained the property is located at the southeast corner of Bona Road and County Road I. Since two streets border corner lots, they have two front yards. As such, the City Code requirement for front yard applies to two sides of the property, which means that corner lots have additional limitations. The Zoning Code indicates that no fence in front of the front line of a building in a residential district may exceed four feet in height. The applicant would prefer to have an 8-foot tall wood fence for screening from County Road I since his yard is a little lower than the sidewalk, and thus has applied for the variance. Staff had no objection to the proposed variance and recommended the Commission approve the variance. Vice Chair Schiltgen opened the public hearing at 7:04 p.m. Michael Winkel, 7701 Bona Road, thanked the Commission for considering his request and thanked staff for their assistance with this matter. Vice Chair Schiltgen questioned when the fence would be installed. Mr. Winkel anticipated that the fence would be replaced in the next two or three weeks. Vice Chair Schiltgen closed the public hearing at 7:05 p.m. MOTION/SECOND: Commissioner Carvelli-Yu/Commissioner Birken. To approve Resolution 1003-14, a Resolution Recommending Approval of a Variance for an 8-foot Fence in Second Front Yard of a Corner Lot; Planning Case No. VR2014-002. Ayes – 6 Nays – 0 Motion carried. _____________________________________________________________________________ B. VR2014-003 Consideration of Variance for a 6-foot Fence in Second Front Yard of a Corner Lot Applicant: Blaine Fyksen Address: 5045 Eastwood Road Mounds View Planning Commission May 21, 2014 Regular Meeting Page 3 ________________________________________________________________________ Planning Associate Heller indicated the applicant, Blaine Fyksen, is requesting a variance to install a 6-foot tall fence in the “second front yard” of his corner lot located at 5045 Eastwood Road. The property is located at the southwest corner of Eastwood Road and County Road H. Since two streets border corner lots, they have two front yards. As such, the City Code requirement for front yard applies to two sides of the property, which means that corner lots to have additional limitations. The Zoning Code indicates that no fence in front of the front line of a building in a residential district may exceed four feet in height. The applicant would prefer to have a 6-foot tall wood fence for screening from County Road H, and thus has applied for the variance. Staff had no objection to the proposed variance and recommended the Commission approve the variance. Vice Chair Schiltgen opened the public hearing at 7:08 p.m. Blaine Fyksen, 5045 Eastwood Road, commented he has lived in his home for the past 2½ years along this busy road. He discussed the improvements he has made to his home noting he was working to improve the curb appeal. Vice Chair Schiltgen closed the public hearing at 7:11 p.m. MOTION/SECOND: Commissioner Rundle/Commissioner Elofson. To approve Resolution 1004-14, a Resolution Recommending Approval of a Variance for a 6-foot Fence in the Second Front Yard of a Corner Lot; Planning Case No. VR2014-003. Ayes – 6 Nays – 0 Motion carried. _____________________________________________________________________________ C. VR2014-004 Consideration of Variance for a Second Curb Cut Applicant: Frands Jensen Address: 7800 Groveland Road Planning Associate Heller indicated the applicant, Frands Jensen, property owner of 7800 Groveland Road, is requesting a variance to allow a second curb cut and driveway on his property. The City Code allows one curb cut on each R-1, Single Family Residential zoned property without a variance. Staff did not support this action as the review of the practical difficulty criteria appear to not warrant approval. For this reason, staff recommended denial of the variance request. Vice Chair Schiltgen opened the public hearing at 7:14 p.m. Commissioner Elofson questioned why the applicant constructed a garage without first receiving approval for a second curb cut. Associate Heller stated that they could build a garage without a driveway or curb cut. She commented that she told the applicant and his contractor at the time the garage permit was Mounds View Planning Commission May 21, 2014 Regular Meeting Page 4 ________________________________________________________________________ applied for that a second curb cut is not allowed. The Jensen’s have requested a variance to allow the second curb cut. Frands Jensen, 7800 Groveland Road, commented that when he purchased the property, he was instructed by his realtor to apply for a variance for the second curb cut given the fact Oakwood Drive was not a busy street. Judith Jensen, 7800 Groveland Road, explained that Oakwood Drive was a very quiet street with few driveways and little traffic. She did not believe that the second curb cut would have a negative impact on the neighborhood. Vice Chair Schiltgen questioned what was being stored in the garage. Mrs. Jensen indicated they stored an RV trailer and ATV, and it served as a garden shed. Mr. Jensen explained that the garage attached to the house was quite small. Commissioner Birken asked if access could be made from the original curb cut. Associate Heller commented this was possible, but would create a very long driveway. Vice Chair Schiltgen inquired the expense of a second curb cut. Associate Heller did not have a price, but noted it would be the applicant’s responsibility. Commissioner Birken stated this situation arose because the applicant decided to face their garage on Oakwood Drive. Therefore the applicants created this problem and she could not support the variance request. Commissioner Elofson questioned if there were other corner lots in the City with two curb cuts. Associate Heller noted there were a few that have been grandfathered in, but some have been removed when the streets were reconstructed. She estimated that there were less than 20 corner lots with two curb cuts in the City. She indicated the Public Works Department did not recommend lots be allowed to have two curb cuts. Commissioner Elofson did not see the harm in this property having two curb cuts. Commissioner Love believed that it was a disadvantage to this property owner to not have a second curb cut given the improvements made to this property. She commented that it could be a traffic hazard as well. Commissioner Birken asked why the additional garage space was not added onto the existing garage. Mounds View Planning Commission May 21, 2014 Regular Meeting Page 5 ________________________________________________________________________ Mrs. Jensen reported there were mature trees on that side of the home and she believed there was not enough space. Commissioner Birken reviewed the variance criteria noting the Jensen’s did not meet each of the items. Commissioner Elofson recommended the Commission be flexible on this matter and consider the needs of the resident. Vice Chair Schiltgen commented that the Jensen’s were made fully aware before they constructed the garage that a second curb cut may not be approved. Vice Chair Schiltgen closed the public hearing at 7:26 p.m. Associate Heller indicated the applicant would have had room to expand their garage onto the existing structure, but the mature trees on the side of their home may be in the way. She commented this could be used as a finding if the Commission was considering approval. Another option available to the Commission would be to table action on the matter to the next Planning meeting. MOTION/SECOND: Commissioner Birken/Commissioner Rundle. To approve Resolution 1005-14, a Resolution Recommending Denial of a Variance for a Second Curb Cut; Planning Case No. VR2014-004. Ayes – 3 Nays – 3 (Love, Schiltgen, Elofson) Motion tabled. _____________________________________________________________________________ 6. Other Planning Activity None. ______________________________________________________________________________ 7. Next Planning Commission Meeting: A. June 4, 2014 B. June 18, 2014 ______________________________________________________________________________ 8. Review Minutes: A. May 7, 2014 The Commission discussed the May 7, 2014 meeting minutes. Mounds View Planning Commission May 21, 2014 Regular Meeting Page 6 ________________________________________________________________________ 9. Staff Updates A. Upcoming Planning Cases Planning Associate Heller discussed upcoming planning cases. She noted the Planning Commission would be meeting jointly with the City Council on June 2nd. She reported the Abiding Savior Subdivision was beginning and five single-family lots would be created. She indicated Apple Tree Dental should be opening in June. 10. Chairperson and Planning Commissioners Reports None. 11. Adjournment There being no further business before the Planning Commission, Vice Chair Schiltgen adjourned the meeting at 7:42 p.m. ______________________________________________________________________________ Respectfully submitted, Heidi Heller Planning Associate Transcribed by: Heidi Guenther TimeSaver Off Site Secretarial, Inc. Item No: 5A Meeting Date: June 4, 2014 Type of Business: Planning Case City of Mounds View Staff Report To: Mounds View Planning Commission From: Heidi Heller, Planning Associate Item Title/Subject: REVOTE: Consideration of a Variance to allow a Second Curb Cut at 7800 Groveland Road; Planning Case VR14-004 Introduction: The applicant, Frands Jensen, property owner of 7800 Groveland Road, is requesting a variance to allow a second curb cut and driveway on his property. The City Code allows one curb cut on each R-1, Single Family Residential zoned property without a variance. This case was discussed at the May 21, 2014 Planning Commission meeting and a vote was taken to act on a resolution which denied the variance. There were six Commissioners in attendance and the vote was 3-3, so the motion to deny the variance did not pass. The case was tabled until the June 4, 2014 meeting for another vote. For any variance to be approved there must be a majority 2/3 vote (At least 5 of 7 votes are needed to approve a variance). Discussion: The house at 7800 Groveland Road is on the corner of Groveland Road and Oakwood Drive. The applicant purchased the house in 2013 and built a detached garage that faces Oakwood Drive. The applicant and contractor were informed by City Staff at the time of the building permit application that a second curb cut was not allowed for single-family homes. The applicant parks a trailer in the detached garage and wants the driveway so that he does not need to drive over the curb to access the garage. The applicant could install a partial driveway from the garage up to five feet from the property line, which would be considered a parking area. The Code just does not allow the second curb cut opening at the street. For the Planning Commission to act favorably toward this application, there must be a demonstrated hardship or practical difficulty associated with the property that makes a literal interpretation of the Code overly burdensome or restrictive to a property owner. This is true for all variance requests. State statutes require that the governing body review a set of specified criteria for each application and make its decision in accordance with these criteria. These criteria are set forth in Section 1125.02, Subdivision 2, of the City Code. The Code clearly states that a hardship exists when all of the criteria are met. The individual criteria, with responses, are as follows: a. The variance is in harmony with the general purposes and intent of these regulations. While it is true that some lots do have two curb cuts, there are not many of them. While there are a few properties with two curb cuts on a corner lot, it is even less common to see properties with two completely separate driveways. Staff feels that limiting the applicant to one curb cut would not be depriving him of something commonly enjoyed by other properties in the same district. 7800 Groveland Road 2nd Driveway Variance Report June 4, 2014 Page 2 b. The variance is consistent with the Comprehensive Plan. The Comprehensive Plan does not address this specific of an issue, but traffic safety and management is an important function for the City. By limiting access points onto the streets, there are less traffic movements and the streets are safer. c. The applicant proposes to use the property in a reasonable manner not permitted by this Title or the City Code. The applicant would use the second driveway to access the detached garage on his property and not need to drive over the City street curb. The applicant was informed that a second driveway was not allowed prior to building the garage in the current location, and knew he would have to drive over the curb. d. Unique circumstances apply to the property which do not apply to other properties in the same zone or vicinity and result from lot size or shape, topography or other circumstances over which the owner of the property since the enactment of this Title has had no control. The unique circumstances do not result from the actions of the applicant. There are no unique circumstances associated with this property. The applicant built the detached garage for his trailer, and had been informed prior to construction of the garage that second curb cuts were not allowed. e. The variance does not alter the essential character of the neighborhood. There are no other single-family properties in the neighborhood with two curb cuts. f. The variance requested is the minimum variance which would alleviate the practical difficulties. Economic conditions alone do not constitute practical difficulties. Adding the second curb cut is the minimum variance possible to alleviate what the applicant has stated is his difficulty. g. The Planning Commission may impose such conditions upon the premises benefited by a variance as may be necessary to comply with the standards established by this Title or to reduce or minimize the effect of such variance upon other properties in the neighborhood, and to better carry out the intent of the variance. The condition must be directly related to and must bear a rough proportionality to the impact created by the variance. If the variance were to be approved, Staff recommends limiting the curb cut width to a maximum of 20 feet, which is the width of the detached garage. 7800 Groveland Road 2nd Driveway Variance Report June 4, 2014 Page 3 Public Hearing: A public hearing was held at the May 21, 2014 Planning Commission meeting and there were no comments at that time. Staff mailed notices to all property owners within 350 feet of the applicant’s property and a notice was published in the Sun Focus newspaper on Friday, May 9, 2014. Staff has not received any comments as of May 30, 2014. Recommendation: Staff recommends taking testimony from staff and the applicant. The Commission may take one of the following actions related to the request: 1. Approve the variance as requested. Staff does not support this action as the review of the practical difficulty criteria appear to not warrant approval. At the last Planning Commission meeting, the Commission directed staff to draft a resolution of approval which outlines the basis of hardship. 2. Deny the variance request. Staff has prepared a resolution of denial based on its review of the practical difficulty criteria which does not appear to justify approval. 3. Table the request. If the Planning Commission needs more information before making a decision or if they decide there is a need for more discussion, the Commission can simply move to table the request until such information has been provided. Respectfully Submitted By, Heidi Heller Planning Associate Attachments: 1. Zoning Map 2. Aerial Photos 3. Photographic Documentation 4. Resolution 1005-14, denial and approval versions ZONING MAP * Properties not indicated with a designation are zoned R-1, Single Family Residential N Aerial View Oakwood Dr Groveland Rd Detached garage Proposed 2nd curb cut location Photographic Documentation Oakwood Drive Detached Garage Requested 2nd curb cut location MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 1005-14 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION DENYING A VARIANCE FOR A SECOND CURB CUT AT 7800 GROVELAND ROAD; PLANNING CASE VR2014-004 WHEREAS, the applicant, Frands Jensen, property owner of 7800 Groveland Road, has applied for a variance to allow a second curb cut on his property; and, WHEREAS, 7800 Groveland Road is zoned R-1, Single Family Residential, and is legally described as follows: Haluptzok’s Terrace, Lot 1, Block 1, Ramsey County, Minnesota PIN 06-30-23-34-0026 WHEREAS, the Mounds View Planning Commission has reviewed the following documents regarding this proposal: 1. Zoning Map 2. Aerial View 3. Photographic Documentation 4. Staff Report 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 May 21, 2014; and, WHEREAS, according to Section 1125.02, Subdivision 2 of the Mounds View Municipal Code, the Planning Commission is to review a standard set of criteria, of which all must be satisfied, in order to grant a variance to the Zoning Code. NOW, THEREFORE, BE IT RESOLVED, the Mounds View Planning Commission finds that all of the criteria as identified in Section 1125.02, Subdivision 2 of the Mounds View Municipal Code are not satisfied, and finds there not to be sufficient practical difficulty with regard to the property located at 7800 Groveland Road, and makes the following findings of fact related to its decision: DENIAL Resolution 1005-14 Page 2 1. Section 1121.09 Subdivision 5e of the Zoning Code states that single-family lots shall be limited to one curb cut per property unless it is in the interest of public safety to waive such. There are no public safety issues with this property that would cause the owner to need two curb cuts. 2. The Comprehensive Plan supports good traffic management for safer vehicle movements on streets. Limiting the number of access points onto a street is one of the ways that the City accomplishes this. 3. Second curb cuts for single-family homes are rare and not desired by the City for traffic safety reasons. 4. There are no unique circumstances for this property. The applicant built the second garage and now wants a second curb cut for easier access to it. 5. There are no other single-family properties in the neighborhood with two curb cuts, and granting the variance would be materially detrimental to the purpose of the Zoning Code or to other property in the R-1, Single-Family Residential zoning district. 6. Adding the second curb cut is the minimum variance possible to alleviate what the applicant has stated is his difficulty. 7. There are no conditions recommended. NOW, THEREFORE, BE IT FINALLY RESOLVED, the Mounds View Planning Commission, based upon the above findings, denies the variance request of Frands Jensen, to allow a second curb cut at 7800 Groveland Road. Adopted this 4th day of June , 2014. _________________________________ Gary Stevenson, Chair ATTEST: __________________________________ James Ericson, City Administrator (SEAL) MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 1005-14 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A VARIANCE FOR A SECOND CURB CUT AT 7800 GROVELAND ROAD; PLANNING CASE VR2014-004 WHEREAS, the applicant, Frands Jensen, property owner of 7800 Groveland Road, has applied for a variance to allow a second curb cut on his property; and, WHEREAS, 7800 Groveland Road is zoned R-1, Single Family Residential, and is legally described as follows: Haluptzok’s Terrace, Lot 1, Block 1, Ramsey County, Minnesota PIN 06-30-23-34-0026 WHEREAS, the Mounds View Planning Commission has reviewed the following documents regarding this proposal: 1. Zoning Map 2. Aerial View 3. Photographic Documentation 4. Staff Report 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 May 21, 2014; and, WHEREAS, according to Section 1125.02, Subdivision 2 of the Mounds View Municipal Code, the Planning Commission is to review a standard set of criteria, of which all must be satisfied, in order to grant a variance to the Zoning Code. NOW, THEREFORE, BE IT RESOLVED, 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 7800 Groveland Road, and makes the following findings of fact related to its decision: APPROVAL Resolution 1005-14 Page 2 1. Section 1121.09 Subdivision 5e of the Zoning Code states that single-family lots shall be limited to one curb cut per property unless it is in the interest of public safety to waive such. The detached garage is accessed regularly by a vehicle and it would be easier to access with a second curb cut. 2. The Comprehensive Plan supports good traffic management for safer vehicle movements on streets. 3. The applicant built a second garage to store all his vehicles inside. A second curb cut would eliminate any damage to the existing curb. 4. The applicant built the second garage on the south side of the property because there are large, mature trees next to the attached garage that would have been removed to expand the existing garage. 5. A second curb cut should not alter the character of the residential neighborhood. 6. Adding the second curb cut is the minimum variance possible to alleviate what the applicant has stated is his difficulty. 7. Staff recommends that the second curb cut width be limited to a maximum of 20 feet, the width of the garage. NOW, THEREFORE, BE IT FINALLY RESOLVED, the Mounds View Planning Commission, based upon the above findings, approves the variance request of Frands Jensen, property owner of 7800 Groveland Road, to allow a second curb cut on the south side of the property, subject to the following: 1. The south driveway must have a hard surface driveway and new curb cut installed within one year of the date of this approval. Adopted this 4th day of June, 2014. _________________________________ Gary Stevenson, Chair ATTEST: __________________________________ James Ericson, City Administrator (SEAL) Item No: 5B Meeting Date: June 4, 2014 Type of Business: Planning Case City of Mounds View Staff Report To: Mounds View Planning Commission From: Heidi Heller, Planning Associate Item Title/Subject: Variance Extension Requests for reduced driveway setbacks at 5338-5340 and 5380-5382 Raymond Avenue; Planning Cases VR2011-002 and VR2011-005 Introduction: In June 2011, property owner, Michael Kinyon, was granted variances to permit the new driveways at five of his side-by-side duplexes to have one and three foot setbacks from the north and south property lines. Mr. Kinyon will be adding attached garages to the rest of his duplexes, one on each end of the building, along with new driveways to replace the existing gravel. The lots are all 100 feet wide so only a single car garage will fit, but the owner is installing new driveways that are wide enough for two cars to park next to each other. Many of the tenants have more than one vehicle, and with the current narrow driveways, they either park or drive off the driveway, or they have to move cars around when someone is leaving. Since there is no overnight parking on the streets in Mounds View, all vehicles must be in the driveways. The east side of Raymond Avenue has 14 side-by-side duplexes on identical 100 foot wide lots which causes issues when owners want to add additional space or more than a one car wide driveway to these properties. Mr. Kinyon owns ten of the duplexes on Raymond Avenue and received variances in 1995 and 2008 for reduced driveway setbacks when he added garages to those duplexes on the same block. Discussion: Mr. Kinyon applied for all five property’s driveway variances in 2011 because the City was reconstructing Raymond Avenue that year, which included installing new curbs and driveway aprons. Mr. Kinyon knew he would not have all five garages and remodels completed for approximately five years, but wanted to have the wider driveway aprons installed during the street project rather than tearing up the new curbs later to widen the curb cut. The City Code states that a variance approval becomes void if the work is not complete within one year, but the applicant may request an extension from the Planning Commission. Mr. Kinyon was granted 1-year extensions in 2012 and 2013, and is now asking for the variances on two of the properties to be extended for another year. The Planning Commission was supportive of granting the extensions as long as Mr. Kinyon continues to make progress on installing the driveways. He has fully remodeled two of the buildings (including new driveways) and installed driveways on a third property in 2012. He intends to remodel another one of the duplexes this year and install driveways. That would leave only one of the five properties without the new driveways for 2015. Planning Cases VR11-002 and VR11-005 June 4, 2014 Staff Report Page 2 Recommendation: Staff requests that the Planning Commission pass Resolutions approving one-year extensions for the reduced driveway setback variances at 5338-5340 and 5380-5382 Raymond Avenue. Respectfully Submitted By Heidi Heller Planning Associate Attachments: 1. Extension request from applicant 2. Location map 3. Aerial Photo 4. Proposed Site Plans 5. Photographic Documentation 6. Resolutions 1006-14 and 1007-14 Extension Request from Applicant LOCATION MAP The 5 duplexes that received variances in 2011 are highlighted in red Mounds View Mobile Home Park Aerial View of the 5 Raymond Avenue duplexes that were granted variances 5346 5344 5340 5332 5330 5338 Driveways installed Remodel done & driveways installed 5382 5380 5374 5372 Remodel done & driveways installed Aerial View of the 5 Raymond Avenue duplexes that were granted variances Site Plan for 5338-5340 Raymond New Driveway New garage New garage New Driveway Site Plan for 5380-5382 Raymond Avenue Photo – 5380-5382 Raymond Avenue (before remodel & driveways) Photo of one of Mr. Kinyon’s remodeled duplexes with the new attached garages and wider driveways All of the duplexes look virtually the same MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 1006-14 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING AN EXTENSION OF A VARIANCE FOR REDUCED DRIVEWAY SETBACKS AT 5338-5340 RAYMOND AVENUE; MOUNDS VIEW PLANNING CASE NO. VR2011-002 WHEREAS, Kinyon Properties, represented by Mike Kinyon, applied for a variance to allow for driveways with a one-foot setback from the side property lines of a duplex located at 5338 - 5340 Raymond Avenue; and, WHEREAS, 5338 - 5340 Raymond Avenue is zoned R-2, Single and Two Family Residential, and is legally described as follows: Norseman 1st Addition, Lot 7, Block 1, Ramsey County, Minnesota PIN 08-30-23-14-0007 WHEREAS, the Planning Commission approved Resolution 939-11, approving the variance on June 1, 2011, and approved a one-year extension on June 6, 2012 and June 5, 2013, and; WHEREAS, the resolution of approval states that if within one year after granting the variance or appeal, the work as permitted by the variance has not been completed, then such variance shall become null and void unless an extension of time has been requested by the applicant and granted by the Planning Commission, and; WHEREAS, the applicant has indicated the new driveways will not be completed within the allowed timeframe and has requested another one-year extension of the variance consistent with the provisions of Resolution 939-11. NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission approves a one-year extension to complete the driveways. Adopted this 4th day of June, 2014. _____________________________________ Gary Stevenson, Chair ATTEST: _____________________________________ James Ericson, City Administrator (SEAL) MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 1007-14 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING AN EXTENSION OF A VARIANCE FOR REDUCED DRIVEWAY SETBACKS AT 5380 - 5382 RAYMOND AVENUE; MOUNDS VIEW PLANNING CASE NO. VR2011-005 WHEREAS, Kinyon Properties, represented by Mike Kinyon, applied for a variance to allow for driveways with a three-foot setback from the side property lines of a duplex located at 5380 - 5382 Raymond Avenue; and, WHEREAS, 5380 - 5382 Raymond Avenue is zoned R-2, Single and Two Family Residential, and is legally described as follows: Norseman 1st Addition, Lot 1, Block 1, Ramsey County, Minnesota PIN 08-30-23-11-0024 WHEREAS, the Planning Commission approved Resolution 942-11, approving the variance on June 1, 2011, and approved a one-year extension on June 6, 2012 and June 5, 2013, and; WHEREAS, the resolution of approval states that if within one year after granting the variance or appeal, the work as permitted by the variance has not been completed, then such variance shall become null and void unless an extension of time has been requested by the applicant and granted by the Planning Commission, and; WHEREAS, the applicant has indicated the new driveways will not be completed within the allowed timeframe and has requested a one-year extension of the variance consistent with the provisions of Resolution 942-11. NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission approves a one-year extension to complete the driveways. Adopted this 4th day of June, 2014. _____________________________________ Gary Stevenson, Chair ATTEST: _____________________________________ James Ericson, City Administrator (SEAL) Item No: 5C Meeting Date: June 4, 2014 Type of Business: Public Hearing City of Mounds View Staff Report To: Mounds View Planning Commission From: Heidi Heller, Planning Associate Item Title/Subject: Consideration of a Variance to Allow a Six-Foot Tall Fence in the Front Yard of 2296 Terrace Drive; Planning Case VR2014-005 Introduction: The applicant, Ron O’Connell, is requesting a variance to install a 6-foot tall fence in the “second front yard” of his corner lot located at 2296 Terrace Drive. The property is located at the southeast corner of Terrace Drive and Jackson Drive. Since two streets border corner lots, they have two front yards. As such, the City Code requirement for front yard applies to two sides of the property, which means that corner lots to have additional limitations. The Zoning Code indicates that no fence in front of the front line of a building in a residential district may exceed four feet in height. The applicant was issued a permit for a 6-foot tall privacy fence in his second front yard in 1992 when he also installed a swimming pool. The fence is now damaged and needs to be replaced. The applicant has a swimming pool and his insurance company requires a 6-foot fence, thus a variance has been requested. Discussion: According to the Municipal Code, Section 1103.08, Subdivision 3, fences of a height greater than 48 inches (4 feet) are not allowed in the front yard of a property without a variance. The Zoning Code also establishes a sight triangle that limits all obstructions within the area at the corner of intersections, measured thirty (30) feet from the point where the property lines meet at the intersection of two streets. The proposed fence would not be located within the sight triangle. Variance Considerations: For the City to approve this variance, as with any variance request, there needs to be demonstrated practical difficulty associated with the property that makes a literal interpretation of the Code overly burdensome or restrictive to a property owner. State statutes require that the governing body (the Planning Commission) review a set of specified criteria for each application and make its decision in accordance with these criteria. The City has set these criteria in Section 1125.02, Subdivision 2, of the City Code. The Code clearly states that a hardship exists when all of the criteria are met. The individual criteria and a staff comment about each are as follows: a. The variance is in harmony with the general purposes and intent of these regulations. The property at 2296 Terrace Drive is a corner lot, which is not in itself unique; however, the applicant seeks permission to have a 6-foot tall fence for the purpose of security for his swimming pool, along with privacy and screening from Jackson Drive. The taller fence would provide privacy and the required security for this property. 2296 Terrace Drive Variance Report June 4, 2014 Page 2 b. The variance is consistent with the Comprehensive Plan. The Comprehensive Plan supports improvements to properties. The applicant, owning a corner lot, is at a disadvantage to improve the property as other homeowners might because the property has two front yards. Every property owner has the right to apply for a variance to improve the function and livability of their property. c. The applicant proposes to use the property in a reasonable manner not permitted by this Title or the City Code. The applicant cannot control the fact that his property is a corner lot with two front setbacks. The corner lots are much more restricted by the City Code and many times the resident’s use and privacy of the property is limited because of these restrictions. The applicant needs the taller fence to meet his insurance requirements for the swimming pool. 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. Granting the variance would not confer upon the property owner a special privilege in that most property owners do not have to work with these setback constraints. The City has approved similar variances for taller fences in front yard areas of corner lots that are along busier streets. The applicant’s lot is smaller than the current minimum lot size, and has limited backyard space available. e. The variance does not alter the essential character of the neighborhood. The 6-foot fence has been in place since 1992 so the character of the neighborhood will not change. There is less right-of-way on the east side of Jackson Drive than most streets at 8.5 feet rather than around 15 feet, but the fence does not appear to impact any sight lines, including the view for vehicles going west from Terrace Drive and turning onto Jackson Drive. f. The variance requested is the minimum variance which would alleviate the practical difficulties. Economic conditions alone do not constitute practical difficulties. The two foot variance is the minimum variance needed since the Zoning Code limits front yard fence heights to four feet. g. The Planning Commission may impose such conditions upon the premises benefited by a variance as may be necessary to comply with the standards established by this Title or to reduce or minimize the effect of such variance upon other properties in the neighborhood, and to better carry out the intent of the variance. The condition must be directly related to and must bear a rough proportionality to the impact created by the variance. Staff does not have any suggested conditions. The applicant has already applied for the required zoning permit for the fence replacement. 2296 Terrace Drive Variance Report June 4, 2014 Page 3 Based upon the review of the above criteria, it appears to staff that the requested variance does satisfy the practical difficulty threshold. Public Hearing: As with any requested variance, a public hearing is required. City staff mailed notices to all property owners within 350 feet of 2296 Terrace Drive. Staff has not received any comments as of May 30, 2014. Recommendation: After holding the public hearing and taking testimony from staff, the applicant and any neighbors, the Commission should take one of the following actions: 1. Approve the variance as requested. Resolution 1008-14 is attached for the Commission’s approval if they so choose. 2. Deny the requested variance. To move forward with this option, the Commission should direct staff to draft a resolution of denial with findings of fact appropriate to support the denial. 3. Table the request. If the Commission needs more information before making a decision or if more discussion is needed, the Commission can table the request until they are provided such information. Respectfully submitted, Heidi Heller Planning Associate Attachments: 1. Zoning Map 2. Aerial Photo 3. Statement from Applicant 4. Photographic Documentation 5. Corner Lot Fence Diagram 6. Resolution 1008-13 ZONING MAP * Properties not indicated with a designation are zoned R-1, Single Family Residential Aerial View COUNTY ROAD I Per City Code- only the RED line area can have a fence more than 4-feet tall without a variance. The YELLOW lines are where the applicant is requesting a variance to re-install a 6-foot tall privacy fence. Jackson Drive Terrace Drive **Highlighted area indicates where new fence would be located. Site plan from Applicant Photographic Documentation Terrace Drive Front of Applicant’s house 2296 Terrace Drive New 6-foot privacy fence would replace the existing 6- foot fence in same location Rear of Applicant’s house Jackson Drive New 6-foot privacy fence would replace the existing 6-foot fence in same location Jackson Drive – looking north Jackson Drive – looking south Front of Applicant’s house 2296 Terrace Drive Photographic Documentation City Code Permitted Fence Location for Corner Lots MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 1008-14 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A VARIANCE TO ALLOW FOR A SIX-FOOT TALL FENCE IN THE WEST FRONT YARD OF 2296 TERRACE DRIVE; MOUNDS VIEW PLANNING CASE VR2014-005 WHEREAS, the applicant, Ron O’Connell, has applied for a variance to allow a six-foot tall fence in the west front yard (near Jackson Drive) of his property at 2296 Terrace Drive; and, WHEREAS, 2296 Terrace Drive is zoned R-1, Single Family Residential, and legally described as follows: Pinewood Terrace No. 3, Lot 16, Block 8, Ramsey County, Minnesota 05-30-23-43-0079 WHEREAS, Section 1103.08 of the Mounds View Zoning Code indicates that the maximum height of a fence in a front yard four feet (4’); and, WHEREAS, the applicant has applied for a variance to allow a six foot (6’) fence in the front yard abutting Jackson Drive; and, WHEREAS, the Mounds View Planning Commission has reviewed the following documents about this proposal: 1. Zoning Map 2. Aerial Photo 3. Photographic Documentation 4. Staff Report 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 public hearing on Wednesday, June 4, 2014, about this variance request; 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. Resolution 1008-14 Page 2 NOW, THEREFORE, BE IT RESOLVED, the Mounds View Planning Commission hereby makes the following findings related to this request: 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 2296 Terrace Drive, and makes the following findings of fact related to its decision: 1. The general intent of the Zoning Code regarding limited fence heights in front yards is to not close off the front of the property from the visual openness of the street, but yet still allow a fence for safety and some sense of privacy for the property owners. This becomes difficult on corner lots, particularly lots on busy streets, where the property owners really want the privacy due to the high traffic along one of their front yards. 2. The variance is consistent with the Comprehensive Plan in that the applicant is improving the property. 3. The applicant is requesting this variance because the front yard height limitations would preclude having a fence tall enough to provide pool security, screening and buffering from Jackson Drive. 4. The unique feature of this property is that it is a small corner lot with two front yards, on a busy road. 5. A 6-foot tall fence in the front yard has existed since 1992 so there will not be any change to the existing neighborhood character or visibility problems for traffic. 6. The 2-foot variance is the minimum variance required to alleviate the applicant’s practical difficulty since the Zoning Code limits front yard fence heights to four feet. 7. The Planning Commission may impose conditions upon the premises as may be necessary to comply with city standards and to minimize the effect of such variance upon other properties in the neighborhood. NOW, THEREFORE, BE IT FINALLY RESOLVED, the Mounds View Planning Commission, based upon the above findings, does hereby approve the variance request for a six- foot tall fence in the south front yard of 2296 Terrace Drive. Adopted this 4th day of June, 2014. _____________________________________ Gary Stevenson, Chair ATTEST: _____________________________________ James Ericson, City Administrator (SEAL)