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HomeMy WebLinkAbout09-05-2012 PLANNING COMMISSION REGULAR MEETING AGENDA September 5, 2012 -- 7:00 P.M. 1. Call to Order 2. Roll Call 3. Approval of Minutes: August 1, 2012 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. VR2012-004: Consideration of a Variance for Reduced Parking Lot Setbacks at Tires N’ More Applicant: Tires N’ More – Naoufel Soussi Address: 2832 County Road 10 6. Other Planning Activity None 7. Next Planning Commission Meetings: A. September 19, 2012 B. October 3, 2012 8. Adjourn to Agenda Session AGENDA SESSION 1. Review Minutes: a. August 15, 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 August 15, 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 August 15, 2012. ______________________________________________________________________________ 2. Roll Call Members Present: Commissioners Cramblit, Meehlhause, Miller, Rundle, and Schiltgen. Absent and Excused: Commissioners Stevenson and Smith. Also Present: ______________________________________________________________________________ Planning Associate Heidi Heller. Index to Minutes Page Approval of Minutes 1 CU2012-001. Consideration of a Conditional Use Permit for a Tire 2 Store and Minor Auto Repair Business _____________________________________________________________________________ 3. Approval of Minutes June 6, 2012. MOTION/SECOND: Commissioner Cramblit/Commissioner Schiltgen. To approve the Minutes of the June 6, 2012 regular Planning Commission meeting as slightly amended. Ayes – 5 Nays – 0 Motion carried. Mounds View Planning Commission August 15, 2012 Regular Meeting Page 2 ________________________________________________________________________ 4. Citizens Requests and Comments on Items Not on the Agenda None. ______________________________________________________________________________ 5. Planning Cases A. CU2012-001 Consideration of a Conditional Use Permit for a Tire Store and Auto Repair Business Applicant: Tires N’ More – Naoufel Soussi Address: 2832 County Road 10 Planning Associate Heller requested the Commission consider a conditional use permit request for the building at 2832 County Road 10. She explained the applicant; Naoufel Soussi was proposing to use the site as a tire store and auto repair business. She noted the site was located on the County Road 10 corridor and businesses were encouraged to grow in this area of the City. Staff noted the use does fit into the surrounding primarily commercial neighborhood. Associate Heller further discussed the parking lot for this parcel noting the applicant has also applied for a parking lot setback variance which will be considered at the next Planning Commission meeting. The CVS Pharmacy store directly adjacent to the applicant’s building had been developed with the intention of a connected parking lot and shared access, but the parking lot on the applicant’s property had not been completed because the previous owner did not sign the agreement. She indicated the parking lot improvements would greatly improve the site. Associate Heller commented the applicant was proposing to install new screening between the site and the residential homes with a privacy fence. The fence would provide better screening along with additional security to the site. She noted she spoke with the Fire Marshal regarding the business and tire storage is a hazardous use. For this reason, sprinklers may need to be added to the building. The City will likely work with the applicant on the timing to complete this task, given the expense of a sprinkler system. Vice Chair Meehlhause asked if there was still an agreement between CVS and this property. Associate Heller clarified that the parking lot construction agreement had been between CVS and the previous property owner. She indicated there were recorded shared access easements in place between the two adjoining properties for proper egress and ingress to the site. Commissioner Cramblit expressed concern with the fire suppression system and recommended this be completed before the store opened. Associate Heller indicated this would be determined by the Fire Marshal. Commissioner Miller questioned what type of light automotive repairs would be completed at this site. Mounds View Planning Commission August 15, 2012 Regular Meeting Page 3 ________________________________________________________________________ Haythem Soussi, 2637 116th Avenue in Blaine, indicated light automotive repair would include brake and strut work that would be completed at the time of tire replacement. He commented this was a family business and is operated in the same manner as a Tires Plus. Mr. Soussi explained this site would be his fourth location. Vice Chair Meehlhause requested further information on his current tire businesses. Mr. Soussi described his operation stating he specializes in tire replacement for all major tire brands. He stated their business also specializes in custom or specialty wheels and rims, but that one of their other locations is better equipped for that. He indicated his business has creating a niche in this specialty market. Commissioner Schiltgen questioned the location of Mr. Soussi’s other businesses. Mr. Soussi explained he had an operation at Dale and University Avenue in St. Paul, off Osborne in Fridley, and on Third and Lake Street in Minneapolis. He commented the first two stores were called Tires for Less, while the third and fourth stores would be called Tires N’ More. Commissioner Rundle inquired if there would be any outdoor storage. Mr. Soussi stated there would be no outdoor storage as the site had more than enough space inside the building for storage. Commissioner Cramblit asked if larger vehicles would be serviced at this location. Mr. Soussi explained he would only service cars, SUV’s and pickup trucks. Commissioner Miller questioned what the privacy fence would look like. Mr. Naoufel Soussi, 2832 County Road 10, explained the fence would be wooden privacy fence, and would likely be as tall as the City allows. Associate Heller commented the fence could be up to eight feet in height. Commissioner Miller inquired if the applicant had spoken with Rice Creek Watershed District regarding the necessary permits. Associate Heller stated they may not need a permit but that would be reviewed at the next Planning Commission meeting when the parking lot plan is discussed. Vice Chair Meehlhause asked why the variance request was not before the Commission this evening. Associate Heller commented the timing of the variance did not allow for proper public hearing notification to the public and therefore, the issue would be discussed at the September 5th Mounds View Planning Commission August 15, 2012 Regular Meeting Page 4 ________________________________________________________________________ meeting. She then reviewed how traffic would flow through the site. Staff noted the pond to the rear of the property was constructed to handle both CVS and the applicant’s stormwater runoff. Commissioner Miller recommended the Resolution should state the business would be completing minor auto repair. Associate Heller indicated she would make this change. MOTION/SECOND: Commissioner Schiltgen/Commissioner Rundle. To approve Resolution 969-12, a Resolution Recommending Approval of a Conditional Use Permit to Operate a Tire and Minor Auto Repair Store at 2832 County Road 10; Planning Case No. CU2012-001. Ayes – 5 Nays – 0 Motion carried. ______________________________________________________________________________ 6. Other Planning Activity None. ______________________________________________________________________________ 7. Next Planning Commission Meeting: A. September 5, 2012 B. September 19, 2012 ______________________________________________________________________________ 8. Adjournment to Agenda Session There being no further business before the Planning Commission, Vice Chair Meehlhause adjourned the meeting at 7:47 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: September 5, 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 request to allow reduced parking lot setbacks at Tires N’ More, 2832 County Road 10; Planning Case VR2012-004 Introduction: The applicant, Naoufel Soussi, owner of Tires N’ More at 2832 County Road 10, will be installing a new parking lot with curb and gutter, and is requesting variances for reduced parking lot setbacks on three sides of the property. The previous owners of the building had originally intended to redevelop the property along with the CVS development and was working with Velmeir (the CVS developer) on improving the parking lot and sharing the County Road 10 driveway access . The applicant’s rear parking lot was removed by Velmeir in anticipation of reconstruction that would be done with CVS’s parking lot. The previous owner did not sign off on the plans, so Velmeir did not complete the 2832 County Road 10 building’s parking lot and it remains uncompleted. Discussion: Mr. Soussi purchased the property at 2832 County Road 10 and will be using the existing building that was built in 1965. This property does not have its own access to County Road 10 and must share access driveways with the adjoining properties. There are driveway and parking easements in place with both the Simon’s building at 2840 County Road 10 and the CVS Pharmacy property at 2800 County Road 10. The Tires N’ More building is not sitting parallel to County Road 10, so because of this and the angle of the front property line, the front parking lot is small and not safe to have more than one vehicle maneuvering in the front parking lot at a time. Instead, the applicant will primarily use the CVS County Road 10 driveway for access to his business. Customers would enter and exit at the CVS driveway and park in the rear of the Tires N’ More building. Customers would then use the sidewalk along the east side of the building to walk to the front door of the store. The building currently has asphalt only in the front and along the west side of the building, and both of these areas are paved up to the property line. The applicant has requested a 5 foot setback for the front parking lot, which would match the 5 foot parking lot setbacks at CVS (they were granted variances for reduced parking lot setbacks). The required and requested parking lot setbacks for this property are: Required Requested Front: 30 feet 5 feet West: 20 feet* 0 feet (for about half of the lot, then it will be 20 feet). East: 5 feet 4 feet and 0 feet Rear: 5 feet Will meet 5 foot setback requirement *Commercial parking lot setback requirements are larger when abutting residential properties Tires N’ More Parking Lot Variances Report September 5, 2012 Page 2 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. The zoning code requires driveway and parking setbacks for aesthetics and to provide separation and some sense of privacy and security between businesses and neighbors. The zoning code primarily deals with aesthetics and size limitations, not safety. When older, existing buildings need improvements, such as expansions or parking lots, it is often difficult to meet current code requirements. b. The variance is consistent with the Comprehensive Plan. While the Comprehensive Plan does not specify design criteria for properties, it does support improvements to and the maintenance of properties. The installation of a new parking lot will be a large improvement to this property. c. The applicant proposes to use the property in a reasonable manner not permitted by this Title or the City Code. The applicant is asking for the reduced parking lot setbacks in order to be able to access his property and to limit the traffic in the front parking lot for safety reasons. 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 unique feature of this property are that the north property line is angled, the building does not sit parallel to County Road 10 and is located closer to the front of the lot, making the front parking lot very small and difficult to maneuver through. The building does not have its own access to County Road 10 and must use the adjoining properties’ access driveways. The building has side setbacks of about 14 feet (west side) and 32 feet (east side), which leave limited room to access the rear parking lot. The applicant recently purchased the property and is not responsible for the conditions that have prompted him to apply for a variance. Tires N’ More Parking Lot Variances Report September 5, 2012 Page 3 e. The variance does not alter the essential character of the neighborhood. The access driveways from the adjoining parcels have been as is for many years, and there is currently asphalt in the front parking lot up to the property line, so there will be no change to the existing character of the neighborhood. Instead it will be a big improvement to this property and the neighborhood. f. The variance requested is the minimum variance which would alleviate the practical difficulties. Economic conditions alone do not constitute practical difficulties. The requested variances are the minimum that would be necessary in order for the applicant to be able to access his property and the rear parking lot. 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. 1. Tires N’ More owners must make all possible efforts to prevent customers and employees from using the CVS access to Silver Lake Road. The property owner of 2800 County Road 10 does not give permission for the applicant to use of any more of their property than what is specified in the easement documents. Public Hearing: As with any requested variance, this request necessitated a public hearing. Staff mailed notices to all property owners within 350 feet of the applicant’s property and staff had a notice published in the Sun Focus newspaper. Staff has been in contact with the attorney representing the property owner of 2800 County Road 10 (CVS does not own the land). They do not want the applicant using any of their property that is not included in the easement agreements. Mr. Soussi will need to modify the original plan and have agreement from CVS’s property owner before the City will approve any variances for the east property line. There is a letter from the attorney included in this staff report. Recommendation: Staff recommends that the Planning Commissioners take testimony from staff and the applicant and open the public hearing. At the time of this report, the applicant is still working on the modified plan and will need to have the adjoining property owner agree to the layout along the shared property line/driveway. This variance application will likely not be ready for action on September 5, 2012, and staff recommends that the Planning Commission move to table this case until the next meeting on September 15, 2012. Tires N’ More Parking Lot Variances Report September 5, 2012 Page 4 After 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. Deny the requested variance. The Commission should direct staff to draft a resolution of denial with findings appropriate to support the denial. 2. 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. Heidi Heller Planning Associate Attachments: 1. Site Plan for parking lot 2. Property & building layout 3. Zoning Map 4. Aerial Photos 5. Letter from Diana Wendel, representing the owners of the CVS property TRAFFIC FLOW TO TIRES N’ MORE SITE Front setback request = 5 feet PARKING LOT SITE PLAN East Side setback request = 4 feet East Side setback request = 0 feet Front West Side setback request = 0 feet Existing asphalt **Rear west side and south sides will comply with the required setbacks ZONING MAP * Properties not indicated with a designation are zoned R-1, Single Family Residential Statement from applicant – Cory Mathiowetz N CVS ABC Liquor /vacant Aerial View Photographic Documentation Driveway/parking area concrete extension running along the side of garage Tires N’ More Aerial View CVS Pharmacy Tires N’ More Letter from Attorney Representing 2800 Cty Rd 10 (CVS) property owners (JK&SK MN, LLC)