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HomeMy WebLinkAbout06-01-2011 PLANNING COMMISSION REGULAR MEETING AGENDA June 1, 2011 -- 7:00 P.M. 1. Call to Order 2. Roll Call 3. Approval of Minutes: March 16, 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. VR2011-001 Variance for Reduced Driveway Setbacks Address: 5330-5332 Raymond Avenue Applicant: Michael Kinyon, owner B. VR2011-002 Variance for Reduced Driveway Setbacks Address: 5338-5340 Raymond Avenue Applicant: Michael Kinyon, owner C. VR2011-003 Variance for Reduced Driveway Setbacks Address: 5344-5346 Raymond Avenue Applicant: Michael Kinyon, owner D. VR2011-004 Variance for Reduced Driveway Setbacks Address: 5372-5374 Raymond Avenue Applicant: Michael Kinyon, owner E. VR2011-005 Variance for Reduced Driveway Setbacks Address: 5380-5382 Raymond Avenue Applicant: Michael Kinyon, owner F. PA2011-001 PUD Amendment to Allow Recreational Uses in the Mounds View Business Park South Address: 2280-2298 Woodale (Buildings H-I-J) Applicant: Scott Nagel, Zero Gravity Trampoline Park 6. Other Planning Activity None PROCEEDINGS OF THE MOUNDS VIEW PLANNING COMMISSION CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting May 18, 2011 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. May 18, 2011. 2. Roll Call Members Present: Commissioners Cramblit, Meehlhause, Miller, Rundle, Schiltgen, Stevenson and Smith Absent and Excused: None Also Present: Planning Associate Heidi Heller ______________________________________________________________________________ Index to Minutes Page Approval of Minutes 1 Discuss Current City Code about Driveways and Parking Areas 2 Discuss Procedure for Additional Use Requests in Planned Unit Development Areas 3 _____________________________________________________________________________ 3. Approval of Minutes January 5, 2011 MOTION/SECOND: Commissioner Cramblit/Commissioner Meehlhause. To approve the minutes of the January 5, 2011 regular Planning Commission meeting as slightly amended. Ayes – 7 Nays – 0 Motion carried. _____________________________________________________________________________ Mounds View Planning Commission May 18, 2011 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. Discuss Current City Code about Driveways and Parking Areas Planning Associate Heller stated that one of the most common building permits and code enforcement issues is related to driveways and parking. She reviewed the current zoning regulations for driveways and said that Mounds View is one of few cities that still allow gravel driveways. Resident can maintain their existing gravel driveway but cannot expand a gravel driveway. Although several years ago the City began allowing residents to install up to 300 square feet of a gravel parking area for parking large vehicles such as campers and boats. She indicated a common complaint the City receives is about vehicles parked in the grass. Small boats and trailers can be parked off an improved surface, but all other vehicles must be on a hard surface. The City only allows one curb cut per lot. She stated staff recommends amending the City Code to add language requiring parking areas that not adjacent to the driveway, but are accessed on a regular basis, must have a hard surface driveway that connects to the primary driveway. Planning Associate Heller stated that the Commission could consider requiring that a hard surface driveway be installed as a condition when approving conditional use permits for oversize garages. She stated that due to the large expense, and particularly with the current poor economy, the City should not require that all gravel driveways be improved. There was discussion regarding if or when to require residents to upgrade to a hard surface driveway. Chair Stevenson stated that he felt if residents can afford to build an oversize garage, they should also have a hard surface driveway. He added he feels that there should not be a requirement to install a hard surface driveway. He stated it is not allowed for residents to be driving over a curb to access a parking area. Commissioner Cramblit questioned if the City could require a hard surface driveway when a house sells. Planning Associate Heller stated that over the last few years, many property owners have been replacing or installing new driveways after their street has been reconstructed. Mounds View Planning Commission May 18, 2011 Regular Meeting Page 3 ____________________________________________________________________________ Commissioner Cramblit questioned what the process was for residents to have two curb cuts. Planning Associate Heller stated that a variance would be required to add a second curb cut. The City Council has received a few requests from property owners to keep their existing second curb cut when their street is reconstructed. She stated that if the curb cut has been in existence for many years, and the location is approved by the Public Works Department, the owner may be allowed to keep it, but is responsible for the cost of the second driveway apron. Chair Stevenson encouraged Staff to draft language that prohibits residents from driving over the curbs. Commissioner Smith questioned if the resident would receive a citation for violating the code. Planning Associate Heller confirmed that the resident would receive a citation, but that City Staff tries to get compliance before issuing the citation. B. Discuss Procedure for Additional Use Requests in Planned Unit Development Areas Planning Associate Heller stated there are several properties within Mounds View that are zoned PUD. She stated the more recent PUD developments include a PUD Agreement that spells out the specific uses and details related to that PUD, but the older PUD sites don’t have these written documents. She indicated that staff has received a planning request to allow a recreational use in one of the older PUD developments that doesn’t have the PUD agreement. She stated the Planning Commission will review the PUD amendment and the resolution will be the documentation instead of the PUD agreement. She indicated that since there are very few requests for PUD amendments, staff wanted to go through this process prior to the next Planning Commission meeting. Chair Stevenson stated along with the amendment to the PUD, there also may be a need to change the Comprehensive Plan. Planning Associate Heller stated she would check on what the land use language is in the Comprehensive Plan for this area . ______________________________________________________________________________ 7. Next Planning Commission Meeting: A. June 1, 2011 B. June 15, 2011 ______________________________________________________________________________ Mounds View Planning Commission May 18, 2011 Regular Meeting Page 4 ____________________________________________________________________________ 8. Adjournment to Agenda Session There being no further business before the Planning Commission, Chair Stevenson adjourned the meeting at 7:40 p.m. ______________________________________________________________________________ (The meeting immediately adjourned to the Agenda Session) Respectfully submitted, James Ericson City Administrator Transcribed by: Barbara Suciu TimeSaver Off Site Secretarial, Inc. 7. Next Planning Commission Meetings: A. June 1, 2011 B. June 15, 2011 8. Adjourn to Agenda Session AGENDA SESSION 1. Review Minutes: a. May 18, 2011 2. Staff Reports a. Upcoming Planning Cases 3. Chairperson and Planning Commissioners’ Reports 4. Meeting Conclusion Item No: 5F Meeting Date: June 1, 2011 Type of Business: Action City of Mounds View Staff Report To: Mounds View Planning Commission From: Heidi Heller, Planning Associate Item Title/Subject: Consideration of an Amendment to the Mounds View Business Park South Planned Unit Development (PUD) to Allow Indoor Recreational Uses; Planning Case PA2011-001 Introduction: Scott Nagel, representing “Zero Gravity Trampoline Park,” has applied for an amendment to the Mounds View Business Park South Planned Unit Development (PUD). This 17-acre PUD, located on the southeast corner of County Road 10 and Woodale Drive, has three large buildings with a total of 270,000 square feet of space. The south business park was developed for manufacturing, assembly, warehouse storage and office uses. Mr. Nagel is requesting an amendment to the PUD so that he can open a trampoline park business in one of the buildings. Discussion: The City approved the Mounds View Business Park South PUD in 1989. The buildings have been full or close to full for many years. Medtronic leased a lot of space in buildings H and J for a distribution center until they recently relocated the facility to Tennesee. Homeshield, a wood trim and moldings business, currently leases two-thirds of Building I. With the requested amendment, the applicant would lease about 25,000 square feet in Building H. About half of the space would be covered with trampolines and trampoline related products. They also plan to build some offices and party rooms. It is not uncommon for this type of recreational use to be located in business parks. There is another trampoline park located in an industrial area in Plymouth. Gymnastics and virtual golf are other common recreational uses that are typically found in business parks because of the big open spaces and high ceilings in these buildings. The recreational businesses are open primarily during late afternoons, evenings and weekends, so the parking needs for the recreational businesses would likely not interfere with the daytime weekday parking needs of the other businesses. Staff is proposing to add the more general term “Indoor Recreational Uses” to the PUD, rather than being specific to a trampoline park. The Business Park South has 426 parking spaces. The applicant expects to typically use between 15 and 40 parking spaces, and up to 50 spaces during their busiest times on the weekends. Planning Case PA2011-001 Staff Report Page 2 Amendment Process: An amendment to a Planned Unit Development is processed as would an amendment to an approved Conditional Use Permit, which is to say that the procedural requirements of Section 1125 of the Zoning Code would be followed. Section 1125 requires that the Planning Commission and City Council review the request, taking into consideration any and all potential adverse effects of the proposed amendment. Relationship to the Comprehensive Plan: Mounds View’s adopted Comprehensive Plan identifies the Mounds View Business Park South PUD site as Light Industrial/Light Industrial PUD which is defined as being flex industrial centers and a mix of office, light industrial and commercial uses within single or multiple structures. The proposed recreational uses would be consistent with the Comp Plan. The geographical area involved: The south business park is bordered by County Road 10 and Woodale Drive on two sides. The Highway 10 Business Center, the Mermaid, Pettibone Builders Equipment, and Central Sandblasting border on the east and south sides, and Edgewood Middle School property borders on the west side. Neighborhood Impact: The neighborhood should not be impacted by adding indoor recreational uses to this business park. Traffic studies were done before the site was developed, and the majority of traffic for the park enters and exits onto Woodale Drive, very close to County Road 10 where there is a stoplight. Woodale Drive was constructed to handle the traffic that is generated by this business park. When Medtronic’s distribution facility was operating here, there was a lot of truck traffic in and out of this business park. Any traffic for the recreational uses will be less of a neighborhood impact than a distribution center. The character of the surrounding area: All of the neighboring uses are commercial or light industrial with the exception of the north side of Woodale Drive. There is a single family neighborhood about one block west of this business park. Directly across Woodale Drive from the business park are five R-1 zoned properties that are planned for future redevelopment, but staff does not expect that any low density residential would be built there. The demonstrated need for such use: The applicant anticipates that there is a market for this type of business in Mounds View. Since there are very few trampoline parks in the Twin Cities, this specific business would likely draw customers from all over the metro area. Recreational businesses appear to be a complimentary use in light industrial and business parks and have worked well in many other cities. It appears that amending the PUD to allow for recreational uses would have no adverse impacts and would be consistent with the Comprehensive Plan. Staff supports the amendment to allow indoor recreational uses in the Mounds View Business Park South. Planning Case PA2011-001 Staff Report Page 3 Recommendation: The Planning Commission may take one of the following actions related to the PUD Amendment request: 1. Recommend approval of the PUD Amendment as requested. Resolution 943-11 is attached for your consideration if you should choose this option. 2. Recommend denial of the request. To consider this option, the Commission will need to direct staff to prepare a resolution with findings of fact to support the denial recommendation. 3. Table action on the request. This option would be appropriate if the Planning Commission should need additional information or more input before a decision can be made. Respectfully submitted, Heidi Heller Planning Associate Attachments: 1. Letter and building space information from Applicant 2. Zoning Map 3. Aerial Views 4. Photographic Documentation 5. Resolution 943-11 Information from applicant about proposed trampoline park business Zoning Map * Properties not indicated with a designation are zoned R-1, Single Family Residential Aerial View Single-family residential Bldg J Bldg H Hwy 10 Bus. Center (Abbey Carpet bldg)Edgewood School property Bldg I The Mermaid & AmericInn Pettibone Central Sandblast Photo – Building H (proposed trampoline park would lease about 1/3 of this building) Photo – taken at north end of property facing south. Bldg H is on right side, Bldg I is straight ahead and Bldg J is on the left side Photo – Building J MOUNDS VIEW PLANNING COMMISSION RESOLUTION 943-11 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF AN AMENDMENT TO THE MOUNDS VIEW BUSINESS PARK SOUTH PLANNED UNIT DEVELOPMENT TO ALLOW INDOOR RECREATIONAL USES MOUNDS VIEW PLANNING CASE PA2011-001 WHEREAS, the Mounds View City Council approved Mounds View Business Park South Planned Unit Development (PUD) in July 1989 for manufacturing, assembly, warehouse storage and office uses; and, WHEREAS, the Mounds View Business Park South PUD currently does not allow recreational uses; and, WHEREAS, the properties located at 2260-2298 Woodale Drive, legally described as: Unit 2 in Condominium No. 296, Mounds View Business Park South PINS 08-30-23-43-0019 and 08-30-23-43-0021 WHEREAS, the applicant and property owner wish to amend the PUD by allowing “indoor recreational uses” in this business park; and, WHEREAS, the Planning Commission has reviewed this request and has examined the potential adverse effects that could result from such an amendment. NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission makes the following finding of fact related to this request: 1. The Mounds View Business Park South is zoned Planned Unit Development (PUD). 2. Two of the buildings in the Business Park South are almost vacant, and as such, a potential tenant and the property owner have requested an amendment to the PUD to allow recreational uses. 3. The Land Use Map from the City’s Comprehensive Plan designates this area as Light Industrial Planned Unit Development. Resolution 943-11 Page 2 4. The Mounds View Business Park South is within the City’s primary commercial corridor and as such, vacant buildings are not desirable. 5. The Mounds View Business Park South consists of three very large buildings on 17 acres that are surrounded by retail, commercial and industrial uses. 6. There do not appear to be any adverse effects associated with this proposed amendment. BE IT FURTHER RESOLVED that the Mounds View Planning Commission, based upon the above findings of fact, does hereby recommend that the Mounds View Business Park South Planned Unit Development (PUD) be amended to allow indoor recreational uses; and, 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 1st day of June, 2011. _____________________________________ Gary Stevenson, Chairperson ATTEST: _____________________________________ James Ericson, City Administrator (SEAL) Item No: 5A-5E Meeting Date: June 1, 2011 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 Variance Requests to allow for one and three foot driveway setbacks at 5330-5332, 5338- 5340, 5344-5346, 5372-5374 and 5380-5382 Raymond Avenue; Planning Cases VR2011-001 to VR2011-005 Introduction: The applicant, property owner, Michael Kinyon, is requesting 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 would like to make the driveways wide enough for two cars to park next to each other. Many of their 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. The applicant, Mr. Kinyon, owns ten of the duplexes on Raymond Avenue and received variances for reduced driveway setbacks in 1995 and 2008 when he added garages to his other duplexes on the block. Another duplex owner on this block received a reduced setback variance in order to add living space closer than 10 feet to the property line. Due to the lots being rather narrow for side-by-side style duplexes, the applicant is requesting to place the driveways one foot or three feet from the property lines. City Code requires that all driveways be at least five feet from the property line without a variance. Discussion: Mr. Kinyon has applied for all five variances now because the City is reconstructing Raymond Avenue this year, which includes installing new curbs and driveway aprons. Mr. Kinyon will not have all five garages and remodels completed for approximately five years, but he would like 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 will likely be asking for extensions in the future unless he is able to install all of the driveways before the garages are built. Planning Cases VR2011-001 to 005 June 1, 2011 Staff Report Page 2 As with any variance application, for the Planning Commission to act favorably, 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. 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. Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity and result from lot size or shape, topography or other circumstances over which the owners of the property since the effective date hereof have had no control. The extraordinary circumstances which apply to these properties are that a 100 foot wide lot is somewhat narrow for a rambler style duplex. The lots are all walk-outs so the grade drops significantly at the back of the house which would make it very difficult to put garages behind the duplexes and be able to access them with a driveway. b. The literal interpretation of the provisions of this Title would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Title. The literal interpretation would not deprive the applicant of rights commonly enjoyed by others in the district, as most other property owners are able to have at least a decent sized one car wide driveway. c. That the special conditions or circumstances do not result from the actions of the applicant. The applicant is not responsible for the conditions which have prompted him to apply for a variance. Mr. Kinyon purchased the duplexes after they were built. d. That granting the variance requested will not confer on the applicant any special privilege that is denied by this Title to owners of other lands, structures or buildings in the same district. Granting this variance would not confer upon the applicant a special privilege in that other property owners are able to have two car wide driveways. e. That the variance requested is the minimum variance which would alleviate the hardship. Economic conditions alone shall not be considered a hardship. The variances requested are the minimum that would be necessary in order to have a driveway wide enough for two cars to park next to each other. Planning Cases VR2011-001 to 005 June 1, 2011 Staff Report Page 3 f. The variance would not be materially detrimental to the purpose of this Title or to other property in the same zone. Given the circumstances, granting the variance requests may not be materially detrimental to the purpose of this Title. g. The proposed variance will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets or increase the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood. The driveways will not impair an adequate supply of light or air to the adjoining properties. Public Hearing: As with any variance application, a public hearing is required. Notices were mailed to all property owners within 350 feet of the applicant’s properties. Staff spoke to one neighbor who is happy to see the wider driveways so the tenants don’t park in the grass. Recommendation: After holding the public hearing and taking testimony from staff, the applicant and affected neighbors, the Commission may take one of the following actions related to the request: 1. Approve the variances as requested. There are five resolutions attached for action if the Commission so chooses. 2. Deny the requested variances. The Commission should direct staff to draft resolutions of denial with findings appropriate to support the denial. 3. Table the requests. If additional information is needed before a decision can be rendered or if more discussion is needed, the Commission can simply move to table the requests until such information has been provided. Respectfully Submitted By Heidi Heller Planning Associate Attachments: 1. Location map showing the 5 duplexes 2. Zoning Map 3. Aerial Photo 4. Proposed Site Plans 5. Photographic Documentation 6. Resolutions 938-11 through 942-11 LOCATION MAP The 5 duplexes are highlighted in red Mounds View Mobile Home Park ZONING MAP N * Properties not indicated with a designation are zoned R-1, Single Family Residential Aerial View of 5344-5346, 5338-5340 and 5330-5332 Raymond 5346 5344 5340 5338 5332 5330 Aerial View of 5380-5382 and 5372-5374 Raymond 5382 5380 5374 5372 5374 Raymond Avenue The structure outlined in red is a City of Mounds View lift station that is surrounded by a guard rail and a power pole – area dimension=12.5’ x 10’ Site Plan for 5330-5332 Raymond Avenue New garage New garage New Driveway New Driveway Site Plan for 5338-5340 Raymond Avenue New garage New garage New Driveway New Driveway Site Plan for 5344-5346 Raymond Avenue New garage New garage New Driveway New Driveway Site Plan for 5372-5374 Raymond Avenue New garage New garage New Driveway New Driveway Site Plan for 5380-5382 Raymond Avenue New garage New garage New Driveway New Driveway Photo - 5330 Raymond Avenue Photo - 5332 Raymond Avenue Photo - 5338 Raymond Avenue Photo - 5340 Raymond Avenue Photo - 5344 Raymond Avenue Photo - 5346 Raymond Avenue Photo - 5372 Raymond Avenue Photo - 5374 Raymond Avenue Lift Station Photo - 5380 Raymond Avenue Photo - 5382 Raymond Avenue Photo of one of Mr. Kinyon’s remodeled duplexes with the garage additions and wider driveways MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 938-11 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A VARIANCE FOR ONE-FOOT DRIVEWAY SETBACKS AT 5330 & 5332 RAYMOND AVENUE; MOUNDS VIEW PLANNING CASE VR2011-001 WHEREAS, the applicant, Michael Kinyon, has applied for a variance to allow for driveways with a one-foot setback from the side property lines of a duplex located at 5330 & 5332 Raymond Avenue; and, WHEREAS, 5330 & 5332 Raymond Avenue is zoned R-2, Single and Two Family Residential, and is legally described as follows: Norseman 1st Addition, Lot 8, Block 1, Ramsey County, Minnesota PIN 08-30-23-14-0008 WHEREAS, the Mounds View Planning Commission has reviewed the following documents regarding this proposal: 1. Proposed Site Plan 2. Zoning Map 3. Aerial View 4. Photographic Documentation 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 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 June 1, 2011; 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 hardship with regard to the property located at 5330 & 5332 Raymond Avenue, and makes the following findings of fact related to its decision: Res. 938-11 Page 2 1. Circumstances apply to this property in that the duplex is located on only a 100 foot wide lot with a steep grade drop to the backyard, making it difficult to place a garage in the rear yard and be able to access it with a driveway. 2. The literal interpretation of the provisions of the Zoning Code would limit the applicant’s ability to have a two car wide driveway in order to provide enough parking spaces for the tenants. 3. The applicant did not build this duplex, and intends only to substantially improve the property. 4. Granting this variance would not confer upon the applicant a special privilege in that the lot size is a pre-existing condition. 5. The one (1) foot variance is the minimum variance required to alleviate the applicant’s hardship. 6. Granting a variance to allow for a driveway with a one foot setback would not be detrimental to the purpose of the Zoning Code in that due to lack of parking space, some of the tenants are parking closer to the property lines now and causing no adverse impacts. 7. Granting the variance would not impair an adequate supply of light or air to the adjoining property. NOW, THEREFORE, BE IT FINALLY RESOLVED, the Mounds View Planning Commission, based upon the above findings, approves the variance request of Michael Kinyon, to allow for driveways with a one-foot setback at 5330 & 5332 Raymond Avenue subject to the following: 1. If within one year after granting the variance, the work as permitted by the variance has not been completed, then such variance shall be come null and void unless an extension of time has been requested by the applicant and granted by the Planning Commission. Such extension shall be requested by the applicant in writing, and submitted to the City at least 30 days before the expiration of the original variance. Adopted this 1st day of June, 2011. _____________________________________ Gary Stevenson, Chair ATTEST: _____________________________________ James Ericson, City Administrator (SEAL) MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 939-11 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A VARIANCE FOR ONE-FOOT DRIVEWAY SETBACKS AT 5338 & 5340 RAYMOND AVENUE; MOUNDS VIEW PLANNING CASE VR2011-002 WHEREAS, the applicant, Michael Kinyon, has 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 Mounds View Planning Commission has reviewed the following documents regarding this proposal: 1. Proposed Site Plan 2. Zoning Map 3. Aerial View 4. Photographic Documentation 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 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 June 1, 2011; 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 hardship with regard to the property located at 5338 & 5340 Raymond Avenue, and makes the following findings of fact related to its decision: Res. 939-11 Page 2 1. Circumstances apply to this property in that the duplex is located on only a 100 foot wide lot with a steep grade drop to the backyard, making it difficult to place a garage in the rear yard and be able to access it with a driveway. 2. The literal interpretation of the provisions of the Zoning Code would limit the applicant’s ability to have a two car wide driveway in order to provide enough parking spaces for the tenants. 3. The applicant did not build this duplex, and intends only to substantially improve the property. 4. Granting this variance would not confer upon the applicant a special privilege in that the lot size is a pre-existing condition. 5. The one (1) foot variance is the minimum variance required to alleviate the applicant’s hardship. 6. Granting a variance to allow for a driveway with a one foot setback would not be detrimental to the purpose of the Zoning Code in that due to lack of parking space, some of the tenants are parking closer to the property lines now and causing no adverse impacts. 7. Granting the variance would not impair an adequate supply of light or air to the adjoining property. NOW, THEREFORE, BE IT FINALLY RESOLVED, the Mounds View Planning Commission, based upon the above findings, approves the variance request of Michael Kinyon, to allow for driveways with a one-foot setback at 5338 & 5340 Raymond Avenue subject to the following: 1. If within one year after granting the variance, the work as permitted by the variance has not been completed, then such variance shall be come null and void unless an extension of time has been requested by the applicant and granted by the Planning Commission. Such extension shall be requested by the applicant in writing, and submitted to the City at least 30 days before the expiration of the original variance. Adopted this 1st day of June, 2011. _____________________________________ Gary Stevenson, Chair ATTEST: _____________________________________ James Ericson, City Administrator (SEAL) MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 940-11 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A VARIANCE FOR ONE-FOOT DRIVEWAY SETBACKS AT 5344 & 5346 RAYMOND AVENUE; MOUNDS VIEW PLANNING CASE VR2011-003 WHEREAS, the applicant, Michael Kinyon, has applied for a variance to allow for driveways with a one-foot setback from the side property lines of a duplex located at 5344 & 5346 Raymond Avenue; and, WHEREAS, 5344 & 5346 Raymond Avenue is zoned R-2, Single and Two Family Residential, and is legally described as follows: Norseman 1st Addition, Lot 6, Block 1, Ramsey County, Minnesota PIN 08-30-23-14-0006 WHEREAS, the Mounds View Planning Commission has reviewed the following documents regarding this proposal: 1. Proposed Site Plan 2. Zoning Map 3. Aerial View 4. Photographic Documentation 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 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 June 1, 2011; 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 hardship with regard to the property located at 5344 & 5346 Raymond Avenue, and makes the following findings of fact related to its decision: Res. 940-11 Page 2 1. Circumstances apply to this property in that the duplex is located on only a 100 foot wide lot with a steep grade drop to the backyard, making it difficult to place a garage in the rear yard and be able to access it with a driveway. 2. The literal interpretation of the provisions of the Zoning Code would limit the applicant’s ability to have a two car wide driveway in order to provide enough parking spaces for the tenants. 3. The applicant did not build this duplex, and intends only to substantially improve the property. 4. Granting this variance would not confer upon the applicant a special privilege in that the lot size is a pre-existing condition. 5. The one (1) foot variance is the minimum variance required to alleviate the applicant’s hardship. 6. Granting a variance to allow for a driveway with a one foot setback would not be detrimental to the purpose of the Zoning Code in that due to lack of parking space, some of the tenants are parking closer to the property lines now and causing no adverse impacts. 7. Granting the variance would not impair an adequate supply of light or air to the adjoining property. NOW, THEREFORE, BE IT FINALLY RESOLVED, the Mounds View Planning Commission, based upon the above findings, approves the variance request of Michael Kinyon, to allow for driveways with a one-foot setback at 5344 & 5346 Raymond Avenue subject to the following: 1. If within one year after granting the variance, the work as permitted by the variance has not been completed, then such variance shall be come null and void unless an extension of time has been requested by the applicant and granted by the Planning Commission. Such extension shall be requested by the applicant in writing, and submitted to the City at least 30 days before the expiration of the original variance. Adopted this 1st day of June, 2011. _____________________________________ Gary Stevenson, Chair ATTEST: _____________________________________ James Ericson, City Administrator (SEAL) MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 941-11 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A VARIANCE FOR A THREE-FOOT DRIVEWAY SETBACK AT 5372 RAYMOND AVENUE AND A ONE-FOOT DRIVEWAY SETBACK AT 5374 RAYMOND AVENUE; MOUNDS VIEW PLANNING CASE VR2011-004 WHEREAS, the applicant, Michael Kinyon, has applied for a variance to allow for driveways with a three-foot setback from the side property lines at 5372 Raymond Avenue and a one-foot setback from the property line at 5374 Raymond Avenue; and, WHEREAS, 5372 & 5374 Raymond Avenue is zoned R-2, Single and Two Family Residential, and is legally described as follows: Norseman 1st Addition, Lot 2, Block 1, Ramsey County, Minnesota PIN 08-30-23-14-0002 WHEREAS, the Mounds View Planning Commission has reviewed the following documents regarding this proposal: 1. Proposed Site Plan 2. Zoning Map 3. Aerial View 4. Photographic Documentation 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 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 June 1, 2011; 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 hardship with regard to the property located at 5372 & 5374 Raymond Avenue, and makes the following findings of fact related to its decision: Res. 941-11 Page 2 1. Circumstances apply to this property in that the duplex is located on only a 100 foot wide lot with a steep grade drop to the backyard, making it difficult to place a garage in the rear yard and be able to access it with a driveway. 2. The literal interpretation of the provisions of the Zoning Code would limit the applicant’s ability to have a two car wide driveway in order to provide enough parking spaces for the tenants. 3. The applicant did not build this duplex, and intends only to substantially improve the property. 4. Granting this variance would not confer upon the applicant a special privilege in that the lot size is a pre-existing condition. 5. The one (1) foot and three (3) foot variance is the minimum variance required to alleviate the applicant’s hardship. 6. Granting a variance to allow for a driveway with a one foot or three foot setback would not be detrimental to the purpose of the Zoning Code in that due to lack of parking space, some of the tenants are parking closer to the property lines now and causing no adverse impacts. 7. Granting the variance would not impair an adequate supply of light or air to the adjoining property. NOW, THEREFORE, BE IT FINALLY RESOLVED, the Mounds View Planning Commission, based upon the above findings, approves the variance request of Michael Kinyon, to allow for driveways with a three-foot setback at 5372 Raymond Avenue and a one-foot setback at 5374 Raymond Avenue subject to the following: 1. If within one year after granting the variance, the work as permitted by the variance has not been completed, then such variance shall be come null and void unless an extension of time has been requested by the applicant and granted by the Planning Commission. Such extension shall be requested by the applicant in writing, and submitted to the City at least 30 days before the expiration of the original variance. Adopted this 1st day of June, 2011. _____________________________________ Gary Stevenson, Chair ATTEST: ____________________________________ James Ericson, City Administrator (SEAL) MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 942-11 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A VARIANCE FOR THREE-FOOT DRIVEWAY SETBACKS AT 5380 & 5382 RAYMOND AVENUE; MOUNDS VIEW PLANNING CASE VR2011-005 WHEREAS, the applicant, Michael Kinyon, has 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 Mounds View Planning Commission has reviewed the following documents regarding this proposal: 1. Proposed Site Plan 2. Zoning Map 3. Aerial View 4. Photographic Documentation 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 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 June 1, 2011; 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 hardship with regard to the property located at 5380 & 5382 Raymond Avenue, and makes the following findings of fact related to its decision: Res. 942-11 Page 2 1. Circumstances apply to this property in that the duplex is located on only a 100 foot wide lot with a steep grade drop to the backyard, making it difficult to place a garage in the rear yard and be able to access it with a driveway. 2. The literal interpretation of the provisions of the Zoning Code would limit the applicant’s ability to have a two car wide driveway in order to provide enough parking spaces for the tenants. 3. The applicant did not build this duplex, and intends only to substantially improve the property. 4. Granting this variance would not confer upon the applicant a special privilege in that the lot size is a pre-existing condition. 5. The three (3) foot variance is the minimum variance required to alleviate the applicant’s hardship. 6. Granting a variance to allow for a driveway with a three-foot setback would not be detrimental to the purpose of the Zoning Code in that due to lack of parking space, some of the tenants are parking closer to the property lines now and causing no adverse impacts. 7. Granting the variance would not impair an adequate supply of light or air to the adjoining property. NOW, THEREFORE, BE IT FINALLY RESOLVED, the Mounds View Planning Commission, based upon the above findings, approves the variance request of Michael Kinyon, to allow for driveways with a three-foot setback at 5380 & 5382 Raymond Avenue subject to the following: 1. If within one year after granting the variance, the work as permitted by the variance has not been completed, then such variance shall be come null and void unless an extension of time has been requested by the applicant and granted by the Planning Commission. Such extension shall be requested by the applicant in writing, and submitted to the City at least 30 days before the expiration of the original variance. Adopted this 1st day of June, 2011. _____________________________________ Gary Stevenson, Chair ATTEST: _____________________________________ James Ericson, City Administrator (SEAL)