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HomeMy WebLinkAbout10-05-2011 PLANNING COMMISSION REGULAR MEETING AGENDA October 5, 2011 -- 7:00 P.M. 1. Call to Order 2. Roll Call 3. Approval of Minutes: July 20, 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. MI2011-001 Minor Subdivision of 7337 Spring Lake Road Address: 6939 Pleasant View Drive Applicant: Gary Voltin and Bonnie Hagel (Personal Representatives of the Estate of the Owners) B. VR2008-005 Re-approval of Variances for the Select Senior Living Development Address: NW Corner of County Road 10 & Groveland Road Applicant: Joel Larson, Select Senior Living, Lake Elmo, MN 6. Other Planning Activity None 7. Next Planning Commission Meetings: A. October 19, 2011 B. November 2, 2011 8. Adjourn to Agenda Session AGENDA SESSION 1. Review Minutes: a. September 21, 2011 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 September 21, 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. for September 21, 2011. ______________________________________________________________________________ 2. Roll Call Members Present: Commissioners Cramblit, Meehlhause, Rundle, Schiltgen, Stevenson and Smith. Absent and Excused: Commissioner Miller. Also Present: Planning Associate Heidi Heller. ______________________________________________________________________________ Index to Minutes Page Approval of Minutes 1 VR2011-007. Consideration of a Variance Request to Allow a Second 2 Curb Cut and Driveway in an R-1, Single Family Residential District _____________________________________________________________________________ 3. Approval of Minutes July 6, 2011. MOTION/SECOND: Commissioner Cramblit/Commissioner Schiltgen. To approve the Minutes of the July 6, 2011 regular Planning Commission meetings as slightly amended. Ayes – 6 Nays – 0 Motion carried. Mounds View Planning Commission September 21, 2011 Regular Meeting Page 2 ________________________________________________________________________ 4. Citizens Requests and Comments on Items Not on the Agenda None. ______________________________________________________________________________ 5. Planning Cases A. VR2011-007 Consideration of a Variance Request to Allow a Second Curb Cut and Driveway in an R-1, Single Family Residential District at 6939 Pleasant View Drive Associate Planner Heller indicated the Planning Commission is being asked to consider a variance request to allow a second curb cut and driveway at 6939 Pleasant View Drive. Staff indicated the lot was 100 feet wide and 450 feet deep. The existing home was built in 1940, and was placed approximately 15 feet from the south property line. City Code allows one curb cut on each R-1, Single Family Residential zoned property without a variance. Associate Heller explained the property has had two driveways since 1993 when the old garage was removed and a new two-car garage was built on the other side of the house, ten feet from the north property line. A second driveway leading to the new garage was added. The street had no curbs at the time, so the Lestinas continued to use both driveways until 2010 when Pleasant View Drive was reconstructed and curbs were added. Associate Heller stated in early 2010, in preparation for the street project, the Public Works Department mailed Ms. Lestina a letter stating that her property had two driveways, and that she must contact the City if she wants to keep the second curb cut. Ms. Lestina did not contact the City before the street was reconstructed, and as a result, only one curb cut was installed on the driveway that leads to the garage, and access to the south driveway was lost. Associate Heller noted Ms. Lestina has now applied for a variance because she wants to be able to use the south driveway again. This driveway leads right up to the house, and she has physical limitations that make it difficult for her to get around. City Staff has informed Ms. Lestina that if the Planning Commission were to approve a variance for a second curb cut, she would have one- year to install a hard surface driveway and new curb cut that meets the required five-foot setback. Staff was available for comments from the Commission. Chair Stevenson opened the public hearing at 7:08 p.m. Chair Stevenson closed the public hearing at 7:08 p.m. Commissioner Schiltgen asked what action the applicant took in 2010 to keep the second curb cut. Mr. Bill Lestina indicated he attended the City street project meeting in the spring of 2010. He filled out an application to keep the second curb cut and it was not accepted. His family got busy Mounds View Planning Commission September 21, 2011 Regular Meeting Page 3 ________________________________________________________________________ with other things and before long, the curb was completed across his south driveway. Mr. Lestina noted the south driveway has been used for the past 35 years and should be grandfathered in. He said that they still use this driveway and requested that the Commission approve the second curb cut to assist with access to his home. Commissioner Cramblit indicated the Mounds View City Code only allows for one curb cut. Mr. Lestina understood this to be City Code, but felt because the south driveway had been in use for 35 years, they should be allowed to keep it. Commissioner Cramblit encouraged the applicant to cease driving over the city curb as this could cause damage and it would be the property owner’s expense to fix it. He explained that when the new garage and driveway was built in 1993, the south driveway was forfeited. He encouraged the homeowner to instead expand the northern driveway to bring it closer to the home, with an asphalt walking path or parking area. Ms. Lois Lestina described her health concerns over the past year and indicated that closer access to the home was crucial at this time. Chair Stevenson stated an improved “T” section off the north driveway would be an option which would offer closer access to the home. Associate Heller showed a drawing as to how this could be done on the site. Mr. Lestina questioned if the southern driveway could be grandfathered in, according to City Code. Commissioner Cramblit explained that once the old garage was demolished, the homeowner forfeited the driveway in this location. A new garage was built, and a driveway now serviced the garage on the north side. Mr. Lestina indicated the driveway to the south offered access directly to the house, while the north driveway accessed the garage. Chair Stevenson stated according to City Code, the relocation of the garage relocated the driveway. In addition, the south driveway was too close to the property line and needed to be at least five feet from the line. Ms. Lestina reviewed a land survey with the Commission. She indicated there were two feet of property in question. Ms. Lestina was upset with the discrepancy as the neighboring property placed a planter along the presumed property line. Chair Stevenson encouraged the property owner to resolve this issue with City Staff, as it was not what was being discussed at this time. Mounds View Planning Commission September 21, 2011 Regular Meeting Page 4 ________________________________________________________________________ MOTION/SECOND: Commissioner Cramblit/Commissioner Smith. To Approve Resolution 948-11, a Resolution Denying a Variance to Allow a Second Curb Cut and Driveway in an R-1 Single Family Residential District at 6939 Pleasant View Drive; Planning Case No. VR2011- 007. Ayes – 6 Nays – 0 Motion carried. ______________________________________________________________________________ 6. Other Planning Activity None. ______________________________________________________________________________ 7. Next Planning Commission Meeting: A. October 5, 2011 B. October 19, 2011 ______________________________________________________________________________ 8. Adjournment to Agenda Session There being no further business before the Planning Commission, Chair Stevenson adjourned the meeting at 7:30 p.m. ______________________________________________________________________________ (The meeting immediately adjourned to the Agenda Session) Respectfully submitted, Heidi Heller Associate Planner Transcribed by: Heidi Guenther TimeSaver Off Site Secretarial, Inc. Item No: 5A Meeting Date: October 5, 2011 Type of Business: Business City of Mounds View Staff Report To: Mounds View Planning Commission From: Heidi Heller, Planning Associate Item Title/Subject: Consideration of the Minor Subdivision of 7337 Spring Lake Road; Planning Case MI2011-001 Introduction: The Voltin Family, represented by Gary Voltin and Bonnie Hagel, are the property owners of 7337 Spring Lake Road. Their parents, Edmund and Helen Voltin, bought this property in 1948. Both Edmund and Helen are now deceased, and Gary and Bonnie are the court appointed personal representatives for the estate. They are requesting city approval of a minor subdivision to split the property into two lots. The proposed subdivision will create a north lot that will have the original house on it, and a south lot that is vacant. The applicants have submitted a Certificate of Survey that shows the proposed new lots. Discussion: A minor subdivision is ordinarily a division of land less than two acres in area in which no more than one additional lot is created. The lot is zoned R-1, Single Family Residential and the Comprehensive Plan designates this area for low density residential. The minimum lot width for interior residential parcels is 75 feet and the minimum lot area is 11,000 square feet, and corner lots must be a minimum of 100 feet wide and 12,500 square feet. Below is a table which shows the dimensions for the parcels before and as a result of the proposed adjustment: Before Area Sq. Feet / Lot Dimension After Area Sq. feet / Lot Dimension 7337 Spring Lake Road 28,471 square feet 265’ x 107’ 11,008 square feet 102.5’ x 107.4 New Vacant lot N/A 17,462 square feet 162.6’ x 107.4’ As this table shows, the proposed lots will meet or exceed all city standards. The new vacant lot will probably be purchased with the intention of the owners building a new house. The City Code setback requirements could pose a challenge when building a new house on this lot. Because of the larger front “prevailing” setbacks on both County Road H2 and Spring Lake Road, a new house would have to be placed in the northeast corner of the lot, but still meet a 30-foot rear setback. These setback requirements will put some limits on the size and orientation of a new house. There is an option for the owners to apply for a variance to allow reduced setbacks, but it does appear there still are many options for house styles that could be built on the lot without a variance. This lot will have most of its lawn space in the front and side yards, rather than behind the house. 7337 Spring Lake Rd Subdivision Staff Report October 5, 2011 Page 2 Park Dedication Requirements. Subdivisions of land are subject to park dedication requirements consistent with Chapter 1204 of the City Code. Staff suggests the park dedication fee be based only on the land value of the new vacant lot since there has been a house at 7337 Spring Lake Road since 1944. For minor subdivisions the park dedication fee is typically 5% of the current year market value as determined by Ramsey County. In this case for 2011, the land value per square foot is $3.34 x 17,462 sq. feet = $58,323 x 5% = $2,916 park dedication fee. The City Council will make the final determination on the park dedication fee amount. This fee must be paid prior to the City giving the applicant the approved documentation for recording with Ramsey County. Easements. With every subdivision of land, the City requires the owner to dedicate drainage and utility easements around the perimeter of the lot. The city standard easements are ten foot wide along the front of the lots and five-foot wide on each side of the lots. These easements are shown on the certificate of survey and will be dedicated by separate recorded documents. Public Notice. No public notice is required for a minor subdivision, however staff typically alerts residents in the area when a new lot is to be created. In this case, staff mailed notices to adjacent property owners since there will likely be an additional home built in the neighborhood. Summary. The proposed subdivision will simply split the property and create one new parcel. All minimum city requirements are met with this request. Recommendation: Because the proposed subdivision satisfies all city code requirements, Staff is recommending approval of Resolution 949-11, a resolution approving the minor subdivision of 7337 Spring Lake Road, with stipulations. Respectfully Submitted By, Heidi Heller Planning Associate Attachments: 1. Zoning Map 2. Aerial Map 3. Resolution 949-11 4. Certificate of Survey Zoning Map County Road H2 N Aerial Map MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 949-11 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF THE MINOR SUBDIVISION OF 7337 SPRING LAKE ROAD, REQUESTED BY GARY VOLTIN AND BONITA HAGEL, PERSONAL REPRESENTATIVES OF THE EDMUND VOLTIN ESTATE; PLANNING CASE NO. MI2011-001 WHEREAS, Gary Voltin and Bonita Hagel, personal representatives for the estate of the decedent, property owner Edmund Voltin, have requested approval of a minor subdivision of 7337 Spring Lake Road, a property zoned R-1, Single Family Residential, and legally-described as: Lot 90, Spring Lake Park Knolls, Ramsey County, Minnesota, except the north 100.00 feet thereof PIN 07-30-23-23-0036. WHEREAS, the Applicants propose to subdivide 7337 Spring Lake Road into two lots; the north lot will include the existing house, and the south lot will be vacant; and, WHEREAS, the Planning Commission has reviewed the Applicant’s request for a minor subdivision and has determined that it is in conformance with Chapters 1104, 1201, and 1202 of the Municipal Code; and WHEREAS, the Planning Commission finds that the Applicants request for a minor subdivision is in conformance with the Comprehensive Plan; and, WHEREAS, in accordance with Section 1204.04, Subd. 4 of the Municipal Code, a park dedication fee will be required, with the amount to be determined by the City Council, based on the 2011 Ramsey County assessed market land value. NOW, THEREFORE, BE IT RESOLVED that the Applicant shall have 6 months from final approval to file proper documentation with Ramsey County, including new deeds and easement documents, and furnish proof of such recording to the City. If such action is not accomplished by the date so indicated, this minor subdivision approval shall be considered null and void. Resolution 949-11 Page 2 NOW, THEREFORE, BE IT FURTHER RESOLVED that the Mounds View Planning Commission recommends approval of the minor subdivision of 7337 Spring Lake Road subject to the following stipulations: 1. The Applicants shall complete any and all requirements after final review of the Certificate of Survey and title commitment by the City Attorney. 2. The Applicants shall arrange to amend the Certificate of Survey if any changes are required by Ramsey County. 3. The Applicants shall pay to the City, a park dedication fee and all other fees associated with this subdivision request. NOW, THEREFORE 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 5th day of October, 2011. __________________________________________ Gary Stevenson, Chairperson ATTEST: _____________________________________ James Ericson, City Administrator (SEAL) Item No: 5B Meeting Date: October 5, 2011 Type of Business: Action City of Mounds View Staff Report To: Planning Commission From: Heidi Heller, Planning Associate Item Title/Subject: Resolution 950-11, Reapprove Variances for the Select Senior Living Development at Highway 10 & Groveland Road Introduction: On August 20, 2008, the Planning Commission passed Resolution 892-08, which approved variances for the Select Senior Living development. The four variances were necessary due to the size of the project and that it was senior housing, which the code did not address well. After this project, the City Council amended the City Code to make it easier for the City to approve senior housing projects, including not needing variances. Discussion: As you know, the Select Senior Living project has not yet moved forward due to problems with securing financing. The applicant has been continuously working over the last three years to complete the project, but for reasons beyond his control, the project has not yet began. Per the City Code, an applicant has one year to complete the work permitted by the variance or the approval is void. The code also states that the Planning Commission can grant an extension of time up to another year. Due to the shakeup within the banking industry, Select Senior Living was not able to start the project within the allowed time and their variance approval became void. The Planning Commission approved Resolution 934- 10 on October 6, 2010 reapproving the variances, and that approval is now expiring. Select Senior Living, represented by Joel Larson, has submitted a letter asking that all of the planning requests be re-approved for another one year. Recommendations: Staff requests that the Planning Commission pass Resolution 950-11, reapproving the Select Senior Living variance requests. Respectfully submitted, Heidi Heller Planning Associate Attachments: 1. Letter from Applicant requesting extension 2. Resolution 950-11 MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 950-11 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RE-APPROVING VARIANCES TO ALLOW FOR INCREASED SITE DENSITY, REDUCED UNIT SIZES, REDUCED NUMBER OF PARKING SPACES AND TO ALLOW ROOF OVERHANG AND BUILDING SETBACK ENCROACHMENTS AT THE SELECT SENIOR LIVING DEVELOPMENT TO BE LOCATED AT 2865 COUNTY HIGHWAY 10 AND 7980 & 8020 GROVELAND ROAD; MOUNDS VIEW PLANNING CASE VR2008-005 WHEREAS, the applicant, Select Senior Living, has applied for the following variances for a new 96-unit senior housing development to be located at 2865 County Highway 10 and 7980 & 8020 Groveland Road: 1. Increased Site Density, 2. Reduced minimum unit sizes, 3. Reduced number of parking spaces, 4. To allow a two foot roof overhang encroachment and a 4-6 foot structure encroachment into the building setback, WHEREAS, the properties at 2865 County Highway 10 and 7980 & 8020 Groveland Road are zoned R-4, High Density Residential, and are legally described as: Lot 49, Auditor’s Subdivision Number 89, Subject to a 5 foot strip easement along the rear line for public utility use, Ramsey County , Minnesota (PIN 06-30-23-31-0030) And, That part of Lot 48, Auditors Subdivision Number 89 lying South of the North 300 feet front and rear thereof, except that portion taken for the highway right of way purposes. Subject to restrictions contained in Document Number 238161, Ramsey County, Minnesota (PIN 06-30-23-31-0029) And, The South 150 feet of the North 300 feet, front and rear of Lot 48, Auditors Subdivision Number 89, including any portion of any street or alley adjacent thereto, vacated or to be vacated, together with all road privileges, easements and appurtenances thereto attached, Ramsey County, Minnesota (PIN 06-30-23-31-0028) WHEREAS, Section 1104.02 of the Mounds View Zoning Code requires multiple family developments to have a minimum lot area per dwelling unit of 2,500 square feet; and, WHEREAS, the applicant has submitted a senior housing development proposal with a lot area per dwelling unit of 1,148 square feet, due to the smaller unit sizes; and, Resolution 950-11 Page 2 WHEREAS, Section 1104.02 of the Mounds View Zoning Code requires one bedroom multiple family units have a minimum floor area of 630 square feet and two bedroom units to have a minimum of 750 square feet; and, WHEREAS, the applicant is requesting approval for studio and one bedroom units that have floor areas of 432 to 716 square feet; and, WHEREAS, Section 1121.13 of the Mounds View Zoning Code requires multiple family properties (independent living units) to provide 2 ½ parking spaces per unit and the assisted living and memory care provide 1 space for every 3 beds plus 1 space for every staff member on the largest shift; and, WHEREAS, the Mounds View Zoning Code would require this development to provide 112 total parking stalls and the applicant is requesting a variance to provide 27 fewer stalls than required by the zoning code - 76 constructed parking stalls and 9 proof of parking stalls, which the City of Mounds View may require the applicant to construct at any time the City determines they are necessary; and, WHEREAS, Section 1104.01 of the Mounds View Zoning Code allows for up to a two foot encroachment for roof overhangs, and Section 1109.04 states that the side yard building setback for R-4 zoned senior congregate living is 40 feet, which is double the normal R-4 minimum side setback requirement; and, WHEREAS, the applicant has designed a three story residential style senior housing building with hipped roofs that have a four foot overhang that would encroach two feet into the building setback on the west and east sides of the north wing, and a small section of the building footprint that would extend four and six feet into the large building setback; and, WHEREAS, the Mounds View Planning Commission has reviewed the following documents about this proposal: 1. Zoning Map 2. Proposed Site Plans 3. 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, a public hearing was held Wednesday, August 20, 2008, about this variance request; and, WHEREAS, on August 20, 2008, the Mounds View Planning Commission approved Resolution 892-08 which approved the variances for the “Select Senior Living” development; and, Resolution 950-11 Page 3 WHEREAS, the applicant was not able to complete the work permitted by variances within the required one year due to issues beyond their control, which caused the variance approval to become null and void; 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, all of which must be satisfied, in order for the city to grant a variance to the Zoning Code. NOW, THEREFORE, BE IT RESOLVED, the Mounds View Planning Commission hereby makes the following findings of fact related to this request: 1. The property is now zoned R-4, High Density Residential. 2. The extraordinary circumstances surrounding this property are the unique lot size and shape and the type of housing. At the time of the planning application submittal, the city code did not clearly accommodate the proposed housing. The side-yard building setback for senior housing is double what is required of any other multiple family housing developments. 3. Granting the variances would not confer upon the applicant a special privilege in that all property owners are able to apply for a variance to improve the function or appearance of their property. Denying the requests would limit the applicant’s ability to redevelop the property. 4. The special conditions or circumstances necessitating the variance request do not result from the actions of the applicant. At the time of the planning application submittal, the city had not yet addressed in the city code some of the unique characteristics of assisted living and memory care housing that made it difficult for the applicant to avoid needing variances. 5. The applicant believes that permitting the property to have the requested increased density, reduced unit sizes, reduced parking and encroach into the building setbacks is the minimum variance, as it allows for a well designed project with new housing options for Mounds View residents and fits the architectural characteristics of a residential neighborhood. 6. Granting these variances would not be materially detrimental to the purpose of the Code since the city is in the process of amending the code to address most of these issues. 7. The proposed variance would 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. Resolution 950-11 Page 4 NOW, THEREFORE, BE IT FINALLY RESOLVED that the Mounds View Planning Commission, based upon the above identified finding of facts, does hereby re-approve the variances originally approved on August 20, 2008 by Resolution 892-08 to increase the site density, reduce the minimum unit sizes, reduce the total number of parking spaces to 76 constructed and 9 proof of parking stalls from the required 112 spaces, and allow a two foot roof overhang to encroach and a four to six foot structure encroachment into the building setbacks for the proposed 96-unit Select Senior Living development located at 2865 County Highway 10 and 7980 & 8020 Groveland Road. Adopted this 5th day of October, 2011. _____________________________________ Gary Stevenson, Chairperson ATTEST: _____________________________________ James Ericson, City Administrator (SEAL)