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HomeMy WebLinkAbout06-16-2010 PLANNING COMMISSION REGULAR MEETING AGENDA June 16, 2010 -- 7:00 P.M. 1. Call to Order 2. Roll Call 3. Approval of Minutes: A. May 5, 2010 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 VR2010-002 Consideration of a Variance for Reduced Lot Widths in a Wetland District Applicant: Eichi, Inc., represented by Paul Harstad Address: New Brighton, MN 6. Other Planning Activity None 7. Next Planning Commission Meetings: A. July 7, 2010 B. July 21, 2010 8. Adjourn to Agenda Session AGENDA SESSION 1. Review Minutes: a. May 19, 2010 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 May 19, 2010 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 19, 2010. 2. Roll Call Members Present: Commissioners Cramblit, Rundle, Schiltgen, Smith and Stevenson. Absent and Excused: Commissioners Meehlhause and Miller. Also Present: Planning Associate Heidi Heller and Community Development Director Ken Roberts ______________________________________________________________________________ Index to Minutes Page CU2010-002 Consideration of a Conditional Use Permit for Outdoor Sales- Farmer’s Market at 2430 Highway 10 (Wynnsong Carmike Theater parking lot) 2 _____________________________________________________________________________ 3. Approval of Minutes April 21, 2010 MOTION/SECOND: Commissioner Cramblit/Commissioner Schiltgen. To approve the minutes of the April 21, 2010 regular Planning Commission meeting as slightly amended. Ayes – 5 Nays – 0 Motion carried. _____________________________________________________________________________ 4. Citizens Requests and Comments on Items Not on the Agenda None. ______________________________________________________________________________ 5. Planning Cases Mounds View Planning Commission May 19, 2010 Regular Meeting Page 2 ____________________________________________________________________________ A. CU2010-002 Consideration of a Conditional Use Permit for Outdoor Sales- Farmer’s Market at 2430 Highway 10 (Wynnsong Carmike Movie Theater parking lot) Applicant: Amaya Basumatary, PMY Management Planning Associate Heller stated Amaya Basumatary with PMY Management is requesting a conditional use permit to have outdoor seasonal sales in the parking lot of the Wynnsong movie theater located at 2430 Highway 10. The applicant is proposing to hold a farmers market in the southern portion of the parking lot on Saturdays from mid-June to mid-October each year. The site plan indicates the market would use about 10-12 parking spaces. Ms. Basumatary plans to start small this year with about six vendors to see if a farmers market is successful in Mounds View. She stated there have been other seasonal outdoor sales in the city for many years and they do not appear to have had any adverse affects on surrounding properties. She indicated that city staff is unable to determine if there is a demonstrated need for the proposed use at the City Code requires, although if the farmers market is successful, then there would appear to be a need. Commissioner Cramblit asked if the farmers market is successful, does the applicant plan to expand to more days. Amaya Basumatary, applicant, stated they could expand to 15 to 20 vendors, and possibly more days per week. She added if the parking lot does not work if the market was bigger, then she would look for another spot within the city. Commissioner Cramblit asked if all the items would be locally grown. Ms. Basumatary stated all the items are grown in Minnesota, and the products would be mostly vegetables with a possibility of some flowers this year. Chair Stevenson asked how much room is available at the movie theater for expansion if the season goes well. Associate Heller stated if the market had 15 to 20 vendors, staff would need to look into the plan with more detail to see if the market was affecting the movie theater’s business. Commissioner Smith asked about the amount of signage and if any of the signs would be permanent. Associate Heller indicated that none of the signs would be permanent and that all signs must be removed after each sales day. Chair Stevenson questioned the procedure for clean up after the sales and if staff would be monitoring if the area is cleaned up appropriately. Associate Heller stated city staff are not working on Saturdays, but that the City would probably hear from the movie theater if there was a problem regarding the clean up. Commissioner Schiltgen asked if there was letter from the theater supporting the farmers market. Mounds View Planning Commission May 19, 2010 Regular Meeting Page 3 ____________________________________________________________________________ Associate Heller stated the application for the conditional use permit was signed by a theater staff member, and that she had talked to the property owner who indicted they had no problem with the farmers market being held on this site. Chair Stevenson asked if the conditional use permit would be open-ended with no expiration date, and if it would be reviewed each year by staff. Associate Heller stated the Planning Commission and City Council would review the conditional use permit if there was problem, or if the permit needed to be amended. MOTION/SECOND: Commissioner Cramblit/Commissioner Smith. Approving Resolution 926-10 for a Conditional Use Permit to Allow Outdoor Sales – Farmers Market at 2430 Highway 10 (Wynnsong Carmike Movie Theater Parking lot) as amended; Planning Case CU2010-001 Ayes – 5 Nays – 0 Motion carried. ______________________________________________________________________________ 6. Other Planning Activity None. ______________________________________________________________________________ 7. Next Planning Commission Meeting: A. June 2, 2010 B. June 16, 2010 ______________________________________________________________________________ 8. Adjournment to Agenda Session There being no further business before the Planning Commission, Chair Stevenson adjourned the meeting at 7:22 p.m. ______________________________________________________________________________ (The meeting immediately adjourned to the Agenda Session) Respectfully submitted, Ken Roberts Community Development Director Transcribed by: Barbara Suciu TimeSaver Off Site Secretarial, Inc. Item No: 5A ne 16, 2010 Item No: 5A Meeting Date: June 16, 2010 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 for Reduced Lot Sizes in a Wetland District at Longview Estates, PIN 07-30-23-42-0066; Planning Case VR2010-0003 Introduction: The applicant and property owner, Eichi, Inc. (represented by Paul Harstad), wants to subdivide a 7.14-acre parcel into single-family lots that would all front Longview Drive. This property is located in a wetland district. The City requires properties in wetland districts to be a minimum of 125 feet wide and 20,000 square feet in area. These standards are larger than the lot size requirements for properties in non-wetland districts. Mr. Harstad is requesting a variance to allow for reduced lot widths in order to subdivide the frontage on Longview Drive into 10 lots. Without a variance, the owner could subdivide the property into a maximum of eight lots fronting Longview Drive. Discussion: City Code Chapter 1010 has the Mounds View Wetlands Zoning Regulations: 1010.07 a. Rationale for Density Standards: The following regulations are required to control the density of development in wetland zoning districts. The purpose of controlling development density is to reduce the financial burdens imposed on the community through rescue and relief efforts occasioned by the occupancy or use of areas subject to periodic flooding, to minimize loss of life, property damage and the losses and risks associated with flood conditions and to minimize the detrimental effects of urbanization on the wildlife habitat, water quality enhancement, recreational and aesthetic values of wetlands. (1) Minimum Lot Size: Twenty thousand (20,000) square feet. (2) Minimum Lot Width: One hundred twenty five feet (125') as measured at the building setback line. (3) Building Setback: (a) All buildings, including accessory buildings, as defined in Title 1100 of this Code, shall be set back at least one hundred feet (100') from the wetland, except as allowed by an approved wetland alteration permit or approved wetland buffer permit as provided in Section 1010.08. (Ord. 602, 8-25-97) Longview Estates Variance Report June 16, 2010 Page 2 This will be the fourth request by the Harstads to the City for a subdivision of this parcel. In the past, the City has denied 11-lot and 23-lot subdivision proposals for this property, but the City approved a 15-lot subdivision in 2003. This seven-acre parcel is large enough to be subdivided into more than the requested 10 lots if there were lots fronting on Longview Drive, and lots fronting Silver Lake Road. The City approved the applicant’s last request for the 15- lot subdivision in 2003, but the approval expired since the applicant did not record the plat with Ramsey County. It should be noted that with the 15-lot subdivision, neither the City nor Ramsey County liked the plan that would have added seven driveways onto Silver Lake Road. Mr. Harstad now wants to move forward with a 10-lot subdivision that would have the lots front only Longview Drive. In a wetland district, the minimum lot size is 125 feet wide (as measured at the building setback line) and 20,000 square feet. By Mr. Harstad having the lots only front Longview Drive, he would be able to subdivide the property into a maximum of eight lots that meet the required size. Mr. Harstad is asking for a variance to have reduced lot widths in order to subdivide the property into 10 lots. All of the proposed lots meet the 20,000 square foot requirement, and two of the lots meet the 125 foot width requirement. The proposed lots range from 90 feet wide to 152.42 feet wide. Mr. Harstad is requesting City approval to have 10 lots because when the City constructed Longview Drive in 1966, they installed 10 water and sewer service stubs for this parcel in anticipation of a subdivision. The Harstad family has owned this property since the early 1970’s. The cost for installing the 10 utility services had been assessed to the property taxes to be paid over many years. Mr. Harstad received approval from Rice Creek Watershed District (RCWD) in 2004 for the 15- lot subdivision. The RCWD Board met on June 9, 2010 and determined that the 10-lot subdivision was a better plan and his request was approved. He will also need to apply to the City for wetland alteration permits for each of the future homes since each of them would be setback less than 100 feet from the wetland. Variance Considerations: For the City to approve this variance, as with any variance request, the owner or applicant needs to demonstrate substantial hardship or practical difficulties associated with the property that makes a literal interpretation of the Code overly burdensome or restrictive to a property owner. State statutes require that the governing body (the Planning Commission) review a set of specified criteria for each application and make its decision in accordance with these criteria. The City has set these criteria in Section 1125.02, Subdivision 2, of the City Code. The Code clearly states that a hardship exists when all of the criteria are met. The individual criteria and a staff comment about each are as follows: a. 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 property known as Longview Estates is a 7.14-acre parcel located entirely in a wetland district, which is a unique circumstance. Longview Estates Variance Report June 16, 2010 Page 3 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. If this property were not located in a wetland district, the applicant would be able to develop it into more lots. The applicant is at a disadvantage to subdivide the property as other landowners might because the property is in a wetland district and subject to additional regulations. c. That the special conditions or circumstances do not result from the actions of the applicant. The applicant cannot control the fact that his property is in a wetland district. The city adopted wetland zoning regulations in 1982, after the Harstads bought this property and after ten sewer and water pipe stubs were installed. d. That granting the variance requested would 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 the variance would not confer upon the property owner a special privilege in that most property owners do not have to work with these wetland district requirements. In addition, every property owner has the right to apply for a variance to improve the function of their property. e. That the variance requested is the minimum variance which would alleviate the hardship. Economic conditions alone shall not be considered a hardship. The applicant is requesting a variance to allow for lots 13 feet to 35 feet narrower than the minimum width required by the city code in order to be able to use the ten utility stubs that are already in place for this property. f. The variance would not be materially detrimental to the purpose of this Title or to other property in the same zone. Approval of this variance request would not be materially detrimental to the Code or to other property in the area. 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 requested variance should not cause any adverse effects. The proposed 10-lots would be the same density as the homes across the street and should not negatively affect the wetlands or storm water drainage in the area. Longview Estates Variance Report June 16, 2010 Page 4 Based upon the review of the above criteria, it appears to staff that the requested variance would meet the hardship and practical difficulty threshold. Deadline for Action: The City accepted the variance application on May 24, 2010 and in accordance with MN Statute 15.99, the City must make a decision about this request within 60 days of application acceptance. As such, the 60-day deadline for City action for this request is July 23, 2010. Public Hearing: As with any requested variance, a public hearing is required. City staff mailed notices to all property owners within 350 feet of the Longview Estates parcel. As of Friday, June 11, 2010, staff has had contact with two residents. Recommendation: After holding the public hearing and taking testimony from staff, the applicant and any neighbors, the Commission should take one of the following actions: 1. Approve the variance as requested. Resolution 927-10 is attached for the Commission’s approval if they so choose. 2. Deny the requested variance. To move forward with this option, the Commission should direct staff to draft a resolution of denial with findings of fact appropriate to support the denial. 3. Table the request. If the Commission needs more information before making a decision or if more discussion is needed, the Commission can table the request until they are provided such information. Respectfully submitted, Heidi Heller Planning Associate Attachments: 1. Narrative from Applicant 2. Zoning Map 3. Wetland Map 4. Aerial Photo 5. Site Plan – dated May 21, 2010 6. Resolution 927-10 Narrative from Applicant ZONING MAP * Properties not indicated with a designation are zoned R-1, Single Family Residential Wetland Map - 2006 Aerial View Eichi, Inc. owned parcel City owned lot – adjacent to Woodcrest Park Site Plan MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 927-10 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A VARIANCE TO ALLOW FOR REDUCED LOT WIDTHS FOR NEW LOTS IN A WETLAND DISTRICT FOR THE LONGVIEW ESTATES PROPERTY; PLANNING CASE VR2010-002 WHEREAS, the applicant, Eichi, Inc. represented by Paul Harstad, has applied for a variance to allow for reduced lot widths for new lots in a wetland district; and, WHEREAS, the property known as Longview Estates is zoned R-1, Single Family Residential, and legally described as follows: Lot 4, Block 1, Mueller Addition Ramsey County, Minnesota PIN 07-30-23-42-0066 WHEREAS, Section 1010.07 Subd. 3a(2) of the Mounds View Zoning Code indicates that the minimum lot width is 125 feet as measured at the building setback line; and, WHEREAS, the applicant has applied for a variance to allow for reduced lot widths (varying widths from 90 feet to 112.67 feet) on eight lots, in order to subdivide the property to into ten single-family residential lots; and, WHEREAS, the Mounds View Planning Commission has reviewed the following documents about this proposal: 1. Narrative from Applicant 2. Zoning Map 3. Wetland Map 4. Aerial Photo 5. Site plan 6. Staff Report WHEREAS, the purpose of the variance provision in the Zoning Code is to give relief to property owners when the strict enforcement of the zoning code requirements imposes a hardship thereby restricting the improvement of property due to practical difficulties brought about by unique or extraordinary features of the physical property that are beyond the property owner’s control; and, WHEREAS, the Planning Commission held a public hearing on Wednesday, June 16, 2010, about this variance request; and, WHEREAS, according to Section 1125.02, Subdivision 2 of the Mounds View Municipal Code, the Planning Commission is to review a standard set of criteria that must be satisfied in order to grant a variance to the Zoning Code. Resolution 927-10 Page 2 NOW, THEREFORE, BE IT RESOLVED, the Mounds View Planning Commission hereby makes the following findings related to this request: 1. The exceptional or extraordinary conditions relating to the variance request is this 7- acre parcel is located entirely in a wetland district. 2. The literal interpretation of the provisions of the Zoning Code would deprive the applicants of rights enjoyed by other properties in the same zone because his ability to develop the property is limited by the additional regulations that were not in affect when the property was purchased by the applicant. 3. The applicant cannot control the configuration of the property and the existing wetlands. 4. Granting the variance would not confer upon the property owner a special privilege denied to others in the same district due to the unique nature of the existing wetland conditions present on the site. 5. The variance to allow lot widths reduced to 90 feet or greater is the minimum variance that would alleviate the applicant’s hardship. 6. The reduced lot widths would not be materially detrimental to the purpose of the Zoning Code or to other property in the R-1, Single-Family Residential zoning district. 7. Allowing the narrower lots would not impair the supply of light or increase congestion, nor would it increase the danger of fire, endanger the public safety or diminish property values. NOW, THEREFORE, BE IT FINALLY RESOLVED, the Mounds View Planning Commission, based upon the above findings, does hereby approve the variance request of Eichi, Inc. for reduced lot widths in a wetland district for the property known as Longview Estates. Each of the lots in Longview Estates subdivision must be at least 90 feet wide and there shall be no more than 10 lots for single-family residential dwellings in the subdivision. Adopted this 16th day of June, 2010. _____________________________________ Gary Stevenson, Chairperson ATTEST: _____________________________________ Kenneth Roberts, Community Development Director (SEAL)