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HomeMy WebLinkAbout10-01-2014 PLANNING COMMISSION REGULAR MEETING AGENDA October 1, 2014 -- 7:00 P.M. 1. Call to Order 2. Roll Call 3. Approval of Minutes: August 20, 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. VR2014-008 Consideration of a Variance to Allow a 6-foot Fence in Both of the Front Yards of a Corner Lot Applicant: City of Mounds View Address: 2408 Hillview Road (Municipal Well No. 4) 6. Other Planning Activity A. None 7. Next Planning Commission Meetings: A. Wednesday, October 15, 2014 B. Wednesday, November 5, 2014 8. Review Minutes: A. September 17, 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 September 17, 2014 Mounds View City Hall 2401 Highway 10, Mounds View, MN 55112 ______________________________________________________________________________ 1. Call to Order The meeting was called to order by Chair Stevenson at 7:00 p.m. for September 17, 2014. ______________________________________________________________________________ 2. Roll Call Members Present: Commissioners Birken, Carvelli-Yu, Love, Rundle, and Stevenson. Absent and Excused: Commissioners Elofson and Schiltgen. Also Present: Planning Associate Heidi Heller. ______________________________________________________________________________ Index to Minutes Page Approval of Minutes 1 CU2014-001 Consideration of a 150-foot Cell Tower at 4860 2 Mustang Circle VR2014-007 Consideration of Variance for a Reduced Rear Yard 2 Setback MA2014-003 Consideration of a Major Subdivision – Preliminary Plat 3 _____________________________________________________________________________ 3. Approval of Minutes July 16, 2014. MOTION/SECOND: Commissioner Rundle/Commissioner Carvelli-Yu. To approve the Minutes of the July 16, 2014 regular Planning Commission meeting as presented. Ayes – 5 Nays – 0 Motion carried. Mounds View Planning Commission September 17, 2014 Regular Meeting Page 2 ________________________________________________________________________ 4. Citizens Requests and Comments on Items Not on the Agenda None. ______________________________________________________________________________ 5. Planning Cases A. CU2014-001 Consideration of a 150-foot Cell Tower at 4860 Mustang Circle Applicant: FAC Holdings LLC/Dell-Comm Address: 4860 Mustang Circle Planning Associate Heller explained the applicant and property owner, FAC Holdings (Dell- Comm is the business operating here), is requesting approval of a conditional use permit to construct a 150 foot cell tower on their property at 4860 Mustang Circle. Dell-Comm designs, furnishes and installs telecommunications systems, applications and services. Dell-Comm has been in business since 1990 and do infrastructure cabling, fiber optic cabling, outside plant cabling, security solutions and telephone systems. Associate Heller discussed the conditional use permit in detail with the Commission noting the proposed lot was heavily wooded. Staff recommended approval of Resolution 1013-14. Chair Stevenson asked if the tower would be required to have a light. Darrin Wixo, Dell-Comm, explained that under FAA regulations, towers under 200 feet are not required to have a light. Commissioner Love questioned if Dell-Comm had considered using any aesthetics to improve the appearance of the cell tower. Darrin stated he may consider this; however, the final determination would be with Dell-Comm as they would be building the tower. Commissioner Birken did not believe a cell tower in this area would be an eyesore due to the number of large trees on the property. Commissioner Rundle agreed. MOTION/SECOND: Commissioner Love/Commissioner Carvelli-Yu. To approve Resolution 1013-14, a Resolution Recommending Approval of a Conditional Use Permit; Planning Case No. CU2014-001. Ayes – 5 Nays – 0 Motion carried. _____________________________________________________________________________ Mounds View Planning Commission September 17, 2014 Regular Meeting Page 3 ________________________________________________________________________ B. VR2014-007 Consideration of a Variance for a Reduced Rear Yard Setback Applicant: Gerald & Melanie Lind Address: 2624 Ardan Avenue Planning Associate Heller indicated property owners, Gerald and Melanie Lind, are requesting a variance to permit a porch addition on their house at 2624 Ardan Avenue to encroach twelve feet into the required 30-foot rear yard setback. The Linds want to build a 14’ x 16’ porch on the back of their house where the existing deck is. Associate Heller reported the Lind’s house is a rambler style built in 1969 on a 0.25 acre shallow lot that is only 89.5 feet deep. The applicant’s home was placed on the lot with the required minimum 30 foot front setback. Because of how shallow the lot is, the backyard setback is only 32 feet (City Code requires a 30 foot rear setback). Because of how their lot was split, the applicant’s property has a much smaller backyard than most of the homes in the city. Associate Heller indicated the Linds like their neighborhood, but want to expand their existing home with a new porch. They currently have a large deck on the rear of the house and want to convert half of the deck to a 3-season porch. The City Code allows decks to have a 5 foot setback, so the deck is code compliant with its 18 foot setback. But when you have a covered, enclosed space, it is considered living space and must meet the 30 foot rear yard setback requirement. The applicant’s backyard is adjacent to the rear neighbor’s shed and they have a privacy fence. Staff reviewed the variance request in detail with the Commission and recommended approval. Chair Stevenson opened the public hearing at 7:23 p.m. Commissioner Carvelli-Yu asked if the existing oak tree would remain in place. Gerry Lind, 2624 Ardan Avenue, indicated the tree would remain in the backyard. Chair Stevenson closed the public hearing at 7:24 p.m. MOTION/SECOND: Commissioner Carvelli-Yu/Commissioner Birken. To approve Resolution 1014-14, a Resolution Recommending Approval of a Variance for a Reduced Rear Yard Setback; Planning Case No. VR2014-007. Ayes – 5 Nays – 0 Motion carried. _____________________________________________________________________________ C. MA2014-003 Consideration of Major Subdivision – Preliminary Plat Applicant: Multi-Tech Systems Address: 2205 Woodale Drive Planning Associate Heller indicated the parcels at 2205 Woodale Drive. The proposed subdivision would be creating three different lots from the existing three lots in order to sell the Mounds View Planning Commission September 17, 2014 Regular Meeting Page 4 ________________________________________________________________________ west 6.5 acres to Build to Suit, Inc. who will be constructing a new building for BioLife Plasma Services. Associate Heller stated Multi-Tech Systems, Inc. currently owns three parcels that total 17-acres. One parcel contains their building and part of the parking lot, another has a stormwater pond, and the third has the remainder of their parking lot and about six acres of vacant land. All three properties are zoned PUD, Planned Unit Development. The proposed subdivision is essentially just shifting lot lines within the same 17 acres. The new lot lines would put Multi-Tech’s building, parking lot, and stormwater pond together onto one parcel, then create two new lots where the vacant land is: the south lot is for the new BioLife building, and the other lot would remain vacant until sold for further development. Build to Suit, the developer of the BioLife building, is purchasing Lot 1 and Outlot A. Staff reviewed the Planning Case in further detail and recommended approval of the preliminary plat for Multi-Tech Systems. Chair Stevenson requested further information on the park dedication fee. Planner Heller explained all new developments in the City required park dedication fees. These funds are set aside for park improvements. Commissioner Love asked if Multi-Tech had a comment on the park dedication fee. Del Palacheck, Multi-Tech Systems representative, explained Multi-Tech has been in Mounds View since 1989. He believed the park dedication fee was a large number, but understood the requirements of the City. Commissioner Love appreciated the applicant’s well-kept pond along Highway 10. MOTION/SECOND: Commissioner Rundle/Commissioner Love. To approve Resolution 1015- 14, a Resolution Recommending Approval of a Preliminary Plat; Planning Case No. MA2014- 003. Ayes – 5 Nays – 0 Motion carried. _____________________________________________________________________________ 6. Other Planning Activity None. ______________________________________________________________________________ 7. Next Planning Commission Meetings: A. October 1, 2014 B. October 15, 2014 ______________________________________________________________________________ Mounds View Planning Commission September 17, 2014 Regular Meeting Page 5 ________________________________________________________________________ 8. Review Minutes: A. August 20, 2014 The Commission discussed the August 20, 2014 meeting minutes. No changes were made. 9. Staff Updates A. Upcoming Planning Cases Planning Associate Heller discussed upcoming planning cases. 10. Chairperson and Planning Commissioners Reports None. 11. Adjournment There being no further business before the Planning Commission, Chair Stevenson adjourned the meeting at 7:50 p.m. ______________________________________________________________________________ Respectfully submitted, Heidi Heller Planning Associate Transcribed by: Heidi Guenther TimeSaver Off Site Secretarial, Inc. Item No: 5A Meeting Date: October 1, 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 both of the Front Yards of 2408 Hillview Road (Municipal Well No. 4); Planning Case VR2014-008 Introduction: The applicant, City of Mounds View, is requesting a variance to install a 6-foot tall chain-link fence around the entire property where the Municipal W ell No. 4 is located, which is on the southeast corner of Hillview Road and Edgewood 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. 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 2408 Hillview Road is a corner lot, which is not in itself unique; however, the property is the location of a municipal well and the City seeks permission to have a 6-foot tall fence for the purpose of security for the well and the building to help prevent further vandalism and protect the City’s infrastructure. The taller fence would provide the needed security for this property. b. The variance is consistent with the Comprehensive Plan. The Comprehensive Plan supports improvements to properties and protection of the City’s infrastructure. 2408 Hillview Road Variance Report October 1, 2014 Page 2 c. The applicant proposes to use the property in a reasonable manner not permitted by this Title or the City Code. It is not unusual for commercial type uses to have the entire property fenced due to the need for extra security, particularly for City infrastructure. The City needs to put the taller fence in both front yards in order to protect the entire building. 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. This property has been the location of Municipal Well No. 4 for many years and is unique because of it being the location of a city well. The building on the property contains the well and a water treatment plant. There are tanks of chemicals necessary for the operation of the water system in the building. The City needs to do everything possible to protect the water supply and the surrounding properties. e. The variance does not alter the essential character of the neighborhood. The 6-foot fence will change the appearance of this property, although since it is a commercial building, it is already a different structure than the rest of the neighborhood. The building has large tanks of chemicals inside, such as chlorine. The safety and security of the City’s water supply and the neighborhood, should take precedence over the property’s appearance. 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. 2408 Hillview Road Variance Report October 1, 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 2408 Hillview Road. The neighbor to the west called staff with a question. No other comments have been received as of September 26, 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 1016-14 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. Site Plan 4. Photographic Documentation 5. Resolution 1016-14 ZONING MAP * Properties not indicated with a designation are zoned R-1, Single Family Residential Aerial View Per City Code- only the YELLOW line area can have a fence more than 4-feet tall without a variance. Edgewood Dr Hillview Road **Yellow lines indicate where new fence would be located. Site plan from Applicant Photographic Documentation Edgewood Drive Municipal Well No. 4 building (west side) Hillview Road Edgewood Drive Hillview Road Photographic Documentation Hillview Road Municipal Well No. 4 building (north side) City Code Permitted Fence Location for Corner Lots MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 1016-14 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A VARIANCE TO ALLOW FOR A SIX-FOOT TALL FENCE IN THE NORTH AND WEST FRONT YARDS OF 2408 HILLVIEW ROAD; MOUNDS VIEW PLANNING CASE VR2014-008 WHEREAS, the applicant, City of Mounds View, has applied for a variance to allow a six-foot tall fence in the north and west front yards of the property at 2408 Hillview Road; and, WHEREAS, 2408 Hillview Road is zoned R-1, Single Family Residential, and legally described as follows: E 100 Ft Of W 180 Ft Of N 183 Ft Of Nw 1/4 Of Se 1/4 Of Sw 1/4 (subj To Rd) In Sec 5 Tn 30 Rn 23, Ramsey County, Minnesota 05-30-23-34-0004 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 yards abutting Hillview Road and Edgewood 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, October 1, 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 1016-14 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 2408 Hillview Road, 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 privacy. This property is not a residential use and is City-owned infrastructure that needs full security. 2. The variance is consistent with the Comprehensive Plan in that the applicant is protecting the City’s water supply. 3. The applicant is requesting this variance because the front yard height limitations would preclude having a fence tall enough to provide the necessary security for the water treatment plant and well building. 4. The unique feature of this property is that it is a city-owned property that contains a water treatment plant and one of the City’s wells. 5. A 6-foot tall fence in the front yard will change the look of this property but it is necessary for the security of the building. The fence will not cause visibility problems for traffic since it will not be placed in the 30-foot sight triangle. 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 north and west front yards of 2408 Hillview Road. Adopted this 1st day of October, 2014. _____________________________________ Gary Stevenson, Chair ATTEST: _____________________________________ James Ericson, City Administrator (SEAL)