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HomeMy WebLinkAbout03-21-2012 PLANNING COMMISSION REGULAR MEETING AGENDA March 21, 2012 -- 7:00 P.M. 1. Call to Order 2. Roll Call 3. Approval of Minutes: January 18, 2011 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. VR2012-001: Variance Request to Allow an Accessory Building to Exceed 30% of the Principal Structure Size on a Business Zoned Property Address: 2975 County Road 10 Applicant: Bill Lloyd, owner of BHL Services, Inc. 6. Other Planning Activity A. Review Proposed City Code Amendment to Allow Massage Therapy as a Home Based Business 7. Next Planning Commission Meetings: A. April 4, 2012 B. April 18, 2012 8. Adjourn to Agenda Session AGENDA SESSION 1. Review Minutes: a. March 7, 2012 2. Staff Reports a. Upcoming Planning Cases 3. Chairperson and Planning Commissioners’ Reports 4. Meeting Conclusion PROCEEDINGS OF THE MOUNDS VIEW PLANNING COMMISSION CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting March 7, 2012 Mounds View City Hall 2401 Highway 10, Mounds View, MN 55112 ______________________________________________________________________________ 1. Call to Order The meeting was called to order by Vice Chair Meehlhause at 7:00 p.m. for March 7, 2012. ______________________________________________________________________________ 2. Roll Call Members Present: Commissioners Cramblit, Meehlhause, Miller, Rundle, Schiltgen, and Smith. Absent and Excused: Chair Stevenson. Also Present: Planning Associate Heidi Heller. ______________________________________________________________________________ Index to Minutes Page Approval of Minutes 1 Review Proposed City Code Amendment to Allow Massage 2 Therapy as a Home Based Business Chapter 1121.09 Code Amendment about Detached Parking Areas 3 _____________________________________________________________________________ 3. Approval of Minutes December 7, 2011. MOTION/SECOND: Commissioner Cramblit/Commissioner Miller. To approve the Minutes of the December 7, 2011 regular Planning Commission meeting as slightly amended. Ayes – 6 Nays – 0 Motion carried. Mounds View Planning Commission March 7, 2012 Regular Meeting Page 2 ________________________________________________________________________ 4. Citizens Requests and Comments on Items Not on the Agenda None. ______________________________________________________________________________ 5. Planning Cases None. _____________________________________________________________________________ 6. Other Planning Activity A. Review Proposed City Code Amendment to Allow Massage Therapy as a Home Based Business Planning Associate Heller informed the Commission that this was discussed with the Council at the Worksession on Monday evening. The Planning Commission was in favor of a public notification process and the Council initially agreed. Staff had some concerns with the public notification process as this would single out massage therapy home businesses. She indicated the City Attorney was going to review the suggested amendment language on this matter as well. Associate Heller stated because of the concerns with the public notification process for only massage therapy, the Council may not support the Planning Commission’s recommendation. Instead, staff was recommending that the only requirement for massage therapy as home occupations be an approval from the property owner if the therapist does not own the property where they live and would operate the business. Staff would create a form to be signed by the property owner that must be submitted to the City in order to have the city license be issued. She requested the Planning Commission discuss the matter further and provide comment to staff. Commissioner Cramblit supported Staff’s recommendation. Vice Chair Meehlhause stated the original thought with the public notification was to make neighbors aware of the home business. Associate Heller understood, but she wanted to caution the Planning Commission from proceeding with this requirement as no other type of home business required a public notification process. Vice Chair Meehlhause asked if a city license was required for this home occupation. Associate Heller stated this was the case, and the annual license process with the City was very extensive. Vice Chair Meehlhause questioned what other types of home based businesses were located in the City. Mounds View Planning Commission March 7, 2012 Regular Meeting Page 3 ________________________________________________________________________ Associate Heller indicated there were home daycares, landscaping businesses, beauticians, barbers, tax preparers, stump removals, home electronic repairs, etc. Vice Chair Meehlhause asked if the Commission was comfortable with removing the public notification process for home based massage therapy businesses. Commission Rundle was in favor of Staff’s recommendation and felt the public notification process could be eliminated. Vice Chair Meehlhause stated if the massage therapist was not the property owner, he was in favor of the City receiving approval from the property owner. The Planning Commission agreed with this suggestion. Associate Heller thanked the Commission for their input and noted Staff would draft formal language and bring it back to the Planning Commission for action. ______________________________________________________________________________ B. Chapter 1121.09 Code Amendment about Detached Parking Areas Planning Associate Heller informed the Commission that at the last meeting, the Commission was not comfortable with the large paragraph within Chapter 1121.09. She reviewed the revisions made with the Commission and requested the Commission approve Resolution 956-12. Vice Chair Meehlhause requested Staff again review the revisions to Chapter 1121.09. Associate Heller explained the code amendment addressed detached parking in residential areas requiring that frequently used detached parking areas have an improved surface. Commissioner Cramblit indicated the revisions were well done. MOTION/SECOND: Commissioner Cramblit/Commissioner Smith. To Approve Resolution 956-12, Recommending Approval of an Amendment to Chapter 1121.09 of the Mounds View Zoning Code to Address Accessing Detached Parking Areas. Ayes – 6 Nays – 0 Motion carried. 7. Next Planning Commission Meeting: A. March 21, 2012 B. April 4, 2012 ______________________________________________________________________________ 8. Adjournment to Agenda Session Mounds View Planning Commission March 7, 2012 Regular Meeting Page 4 ________________________________________________________________________ There being no further business before the Planning Commission, Chair Stevenson adjourned the meeting at 7:20 p.m. ______________________________________________________________________________ (The meeting immediately adjourned to the Agenda Session) Respectfully submitted, Heidi Heller Planning Associate Transcribed by: Heidi Guenther TimeSaver Off Site Secretarial, Inc. Item No: 5A Meeting Date: March 21, 2012 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 Detached Accessory Building to Exceed the Maximum Size Limit at 2975 County Road 10; Planning Case VR2012-001 Introduction: The applicant, Bill Lloyd, owner of BHL Services, Inc. has a purchase agreement for the property at 2975 County Road 10. Mr. Lloyd wants to move his construction management business into the building, but needs a garage for secure storage of supplies and vehicles. He is requesting a variance to allow the size of the detached accessory building to exceed the maximum size limit of 30 percent of the floor space of the principal use. Discussion: The property at 2975 County Road 10 is zoned B-3, Highway Business, and 0.58 acres in size. The 1,421 square foot building was built in 1959 and has been used for auto-related businesses, most recently as a Thrifty Car Rental. The building currently has two garage bays, but the applicant would remodel the entire building into office space and move his construction management business to this location. He is currently renting a storage garage and has a vehicle and two trailers that he wants stored indoors for security and property attractiveness. The Zoning Code states in Chapter 1112.03: Accessory Uses: The following are permitted accessory uses in a B-1 District: Subd. 1. Commercial or business buildings and structures for a use accessory to the principal use, but such use shall not exceed 30 percent of the gross floor space of the principal use. The existing building at 2975 County Road 10 is 1,421 square feet. Based on this, the Zoning Code would only allow a 426 square foot garage on this site. Mr. Lloyd wants to build a 728 square feet (26’x28’) garage, which would be 51 percent of the floor space of the building. This commercial property is on the corner of County Road 10 and Spring Lake Road, and is surrounded by single and two-family residences. The Zoning Code states that the Planning Commission may issue a variance to provide relief to the landowner in those cases where the Code imposes practical difficulties to the property owner in the use of the property owner’s land. 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. A variance may be granted only in the event that all of the following circumstances exist: 2975 County Road 10 Garage Size Variance Report March 21, 2012 Page 2 a. The variance is in harmony with the general purposes and intent of these regulations. The zoning code limits the size of accessory buildings to a percentage of the primary use floor space on commercial properties because the main buildings are typically large structures that are several thousand square feet in size, which would then allow big accessory buildings. The variance would be in harmony with the general purpose of the regulations in limiting potentially very large accessory buildings since the applicant is only proposing a 728 square foot, 3-car size garage. b. The variance is consistent with the Comprehensive Plan. While the Comprehensive Plan does not specify design or size criteria for buildings, it does support business growth, and improvements to and the maintenance of properties. The applicant plans to greatly improve the existing building, construct a storage building so there will be little to no outside storage, and bring new jobs to the City. The Future Land Use plan for this property designates it as Neighborhood Commercial, with professional offices being one of the suggested uses. c. The applicant proposes to use the property in a reasonable manner not permitted by this Title or the City Code. The applicant wants to store supplies and the few company vehicles indoors for security and aesthetics for the neighborhood. The applicant’s proposed garage is no bigger than what is currently allowed on residential properties. d. Unique circumstances apply to the property which do not apply to other properties in the same zone or vicinity and result from lot size or shape, topography or other circumstances over which the owner of the property since the enactment of this Title has had no control. The unique circumstances do not result from the actions of the applicant. The 1,421 square foot building is very small for a commercial building and limits what can be added to the property. The applicant is not responsible for the size of the building. e. The variance does not alter the essential character of the neighborhood. The properties adjacent to 2975 County Road 10 consist of single and two-family residential homes. The parcel was developed in 1959 as commercial property and has been used for various auto-related businesses. The applicant will be remodeling the building into only office space, which is a better fit in a residential area than the previous gas station, car dealer, auto repair and car rental businesses. The property is large enough for a detached garage and can meet the required larger setbacks since it is commercial property adjacent to residential property. 2975 County Road 10 Garage Size Variance Report March 21, 2012 Page 3 f. The variance requested is the minimum variance which would alleviate the practical difficulties. Economic conditions alone do not constitute practical difficulties. The 21 percent variance is the minimum needed to alleviate the practical difficulties since that is the size garage necessary to fit the vehicle and trailers the applicant plans to store inside. 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. The submitted drawing of the garage shows it to have a similar or matching exterior to the remodeled main building. The two sides of the garage that would be visible from the streets show a cast stone veneer on the bottom, which matches the main building. Staff has included this information as a condition in the resolution. Public Hearing: As with any requested variance, this application requires a public hearing. Staff mailed notices to all property owners within 350 feet of the subject property and a notice was published in the Sun Focus newspaper on Thursday, March 8, 2012. Staff has not received any comments as of March 16, 2012. Recommendation: Staff recommends holding the public hearing and taking testimony from staff, the applicant and the public. The Commission may take one of the following actions related to the request: 1. Approve the variance as requested. An approval version of Resolution 957-12 is attached for action if the Commission so chooses. 2. Deny the requested variance. The Commission should direct staff to draft a resolution of denial with findings appropriate to support the denial. 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, Attachments: 1. Zoning Map 2. Aerial Photos 3. Photographic Documentation 4. Elevations of Garage & Remodeled Office Building 5. Resolution 957-12 Heidi Heller Planning Associate ZONING MAP N * Properties not indicated with a designation are zoned R-1, Single Family Residential N Aerial View Garage Garage Photographic Documentation Entrance off Spring Lake Road Spring Lake Road House faces Spring Lake Road Rear of building Garage would be in this corner of the parking lot Site Plan Elevation of Remodeled Main Building Elevation of New Garage MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 957-12 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A VARIANCE TO ALLOW A DETACHED ACCESSORY BUILDING TO EXCEED THE ALLOWED SIZE AT 2975 COUNTY ROAD 10; PLANNING CASE VR2012-001 WHEREAS, the applicant, Bill Lloyd, has a purchase agreement for the property at 2975 County Road 10, and has applied for a variance to allow a detached garage on the property to exceed 30 percent of the gross floor space of the principal use; and, WHEREAS, 2975 County Road 10 is zoned B-3, Highway Business, and legally described as: AUDITOR’S SUBDIVISION NO. 89, SUBJECT TO RD; THE E 166 FT OF PART NEWLY OF HWY OF LOT 13, RAMSEY COUNTY, MN PIN 06-30-23-23-0045 WHEREAS, the Mounds View Planning Commission has reviewed the following documents regarding this proposal: 1. Zoning Map 2. Aerial View 3. Photographic Documentation 4. Building Elevations 5. 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 restricts 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 March 21, 2012; 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 2975 County Road 10, and makes the following findings of fact related to its decision: Resolution 957-12 Page 2 1. The general intent of the Zoning Code is to limit commercial properties from constructing very large accessory buildings. Granting the variance would be in harmony with the purpose of the code. 2. The variance is consistent with the Comprehensive Plan in that the applicant is significantly improving the entire property and can store company vehicles indoors. 3. The applicant’s business has a truck and two trailers and some supplies that could be stored indoors for security and aesthetics. He is a conscientious business owner located in a residential neighborhood, and wants the property to look nice by being able to store vehicles and supplies inside. 4. The commercial building on this lot is quite small which limits the ability to build a garage big enough for more than one vehicle. The property is zoned B-3, Highway Business which is a higher intensity use. 5. The detached garage is no bigger than other garages in the entirely residential neighborhood, and the existing building will be remodeled which will greatly enhance the neighborhood. The new office use would be a much better fit in the residential neighborhood than the auto-related uses that have been on this site since 1959. 6. The 21 percent variance is the minimum variance required to alleviate the applicant’s practical difficulty and be able to store the few vehicles that the applicant’s company owns. 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, approves the variance request of Bill Lloyd, for the property located at 2975 County Road 10, to allow a 728 square foot detached garage, subject to the following condition: a. The applicant will construct the garage with matching exterior color and/or finish as the principal building. Adopted this 21st day of March, 2012. _________________________________ Gary Stevenson, Chair ATTEST: __________________________________ James Ericson, City Administrator (SEAL) Item No: 6A Meeting Date: March 21, 2012 Type of Business: Action City of Mounds View Staff Report To: Mounds View Planning Commission From: Heidi Heller, Planning Associate Item Title/Subject: Code Amendment to Allow Therapeutic Massage as a Permitted Home Occupation Introduction: At a City Council meeting in October, a resident asked the Council whether they would be willing to amend the City Code to be more permissive toward allowance of “massage therapy” as a home based business in Mounds View. The City Council then discussed the idea at their November work session. The City Council supports amending the City Code, and has asked that the Planning Commission take on how this should be accomplished. Discussion: Massage Therapy is a licensed business activity in Mounds View. The regulations pertaining to massage therapy can be found in Chapter 514 of the Mounds City Code, originally adopted in 1996 via Ordinance 583. There are many licensing and zoning requirements associated with such a business and they are expressly permitted only in the B2, B3 & B4 commercial business zoning districts. Such a use is not permitted in a residential zone or as a home- based business, as indicated in Section 514.10, Subd. 2, regarding locations ineligible for a therapeutic massage license. This clause reads, “A therapeutic massage enterprise may not be licensed if the location of such enterprise is not in conformance with Title 1100 of the Mounds View Municipal Code.” The Planning Commission has discussed several options about how to amend the City Code to allow massage therapy as a home based business. The Commission finally agreed that the only additional requirement should be approval from the property owner if the massage therapist is not the property owner of the home where they live and will conduct the business. Since there are no requirements for any other type of home occupations, the Commission felt that massage therapy should not be singled out. Recommendation: The Planning Commission should review and discuss Resolution 958-12 with the suggested code amendment language to allow massage therapy as a home based business. Respectfully submitted, Heidi Heller Planning Associate Attachments: 1. Resolution 958-12 MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 958-12 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF AMENDMENTS TO CHAPTERS 514 AND 1106 OF THE MOUNDS VIEW CITY CODE TO ALLOW MASSAGE THERAPY AS A HOME OCCUPATION; SPECIAL PLANNING CASE 184-11 WHEREAS, City staff has recommended that massage therapy be allowed as a Home Occupation; and, WHEREAS, the Planning Commission agrees with the City Staff recommendation to allow massage therapy as a home occupation; and, WHEREAS, City staff has amended Chapter 514 of the Mounds View Zoning Code by deleting the stricken language and adding the underlined text as follows: 514.06: LICENSE APPLICATION: Subd. 1. Therapeutic Massage Enterprise: The application for a therapeutic massage enterprise license must contain the following information: a. For all applicants: (7) Written consent of property owner, if applicant is NOT the property owner. (8) Other information that the City Council may require. 514.10: LOCATIONS INELIGIBLE FOR THERAPEUTIC MASSAGE ENTERPRISE LICENSE Subd. 2. Zoning Compliance: A therapeutic massage enterprise may not be licensed if the location of such enterprise is not in conformance with Title 1100 of the Mounds View Municipal Code.1 1 See also Section 1106.03. Res 958-12 Page 2 WHEREAS, City staff has amended Chapter 1106 of the Mounds View Zoning Code by deleting the stricken language and adding the underlined text as follows: 1106.03: ACCESSORY USES: Subd. 3. Home Occupations: The regulation of home occupations within residential structures is intended to ensure that the occupational use is clearly accessory or secondary to the principal dwelling use and that compatibility with surrounding residential uses is maintained. No home occupation shall be allowed which: i. Massage Therapy, subject to the requirements of Chapter 514. WHEREAS, amending the City Code to allow massage therapy as a home occupation would better serve the public and would clarify the zoning requirements; and, WHEREAS, the Mounds View Planning Commission concurs that an amendment to the City Code is warranted and justified. NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission recommends approval of amendments to Chapters 514 and 1106 of the Mounds View City Code to allow massage therapy as a home occupation as defined herein. 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 21st day of March, 2012. ________________________________________ Gary Stevenson, Chairperson ATTEST: _________________________________________ James Ericson, City Administrator (SEAL)