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HomeMy WebLinkAbout04-02-2008 MOUNDS VIEW PLANNING COMMISSION REGULAR MEETING AGENDA April 2, 2008 -- 7:00 P.M. 1. Call to Order 2. Roll Call 3. Approval of Minutes: A. February 20, 2008 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 minutes.) 5. Planning Cases A. VR2008-001 Consideration of a Variance request for additional signage for Aldi, Inc. at Mounds View Square Applicant: Aldi, Inc. (Minnesota) Address: 4201 Bagley Ave N., Fairbault, MN 55021 B. IU2008-001 Consideration of an Interim Use Permit for a temporary tent at Moe’s restaurant Applicant: Jeff Moritko, owner Address: 2400 County Highway 10 6. Other Planning Activity A. None 7. Next Planning Commission Meetings: A. April 16, 2008 B. May 7, 2008 8. Adjourn to Agenda Session Agenda Session 1. Review Minutes: a. March 19, 2008 2. Staff Reports a. Upcoming Planning Cases 3. Chairperson and Planning Commissioners’ Reports 4. Meeting Conclusion PROCEEDINGS OF THE MOUNDS VIEW PLANNING COMMISSION CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting March 19, 2008 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. March 19, 2008. ______________________________________________________________________________ 2. Roll Call Members Present: Chair Stevenson; Commissioners, Cramblit, Gunn (arrived at 7:10 p.m.), Meehlhause, Miller, and Walsh-Kaczmarek Absent and Excused: Commissioner Lang Also Present: Community Development Director Ericson and Planning Associate Heller _____________________________________________________________________________ Index to Minutes Page -CUP Requirements Pertaining to Flammable Liquid Tanks 2 -Comp Plan 2008 Update – Chapter 7 2 ____________________________________________________________________________ 4. Approve Minutes A. January 9, 2008 MOTION/SECOND: Commissioner Cramblit/Commissioner Walsh-Kaczmarek to approve the minutes of the January 9, 2008 regular Planning Commission meeting as presented. Ayes – 5 Nays – 0 Motion carried. _____________________________________________________________________________ 5. Citizens Requests and Comments on Items Not on the Agenda None _____________________________________________________________________________ Mounds View Planning Commission March 19, 2008 Regular Meeting Page 2 ______________________________________________________________________________ 6. Planning Cases None _____________________________________________________________________________ 7. Other Planning Activity A. Discuss Conditional Use Permit requirements for flammable liquid tanks Planning Associate Heller reported staff began a discussion to consider a threshold for the size of flammable liquid tanks. She stated staff was directed to research what other cities are doing regarding flammable liquid storage tanks. She reported that one city required a permit for tanks over 400 gallons, with most cities refering to the Fire Department for guidance. She stated this would still require a fire permit and meet the fire code. She informed the Commission that the Mounds View Fire Marshall is comfortable not requiring a conditional use permit for tanks under 1,000 gallons. Planning Associate Heller stated the City Code states in Chapter 1116, Industrial District: Chapter 1116.02, Permitted uses – Flammable liquids, underground bulk storage only, not to exceed 25,000 gallons if located not less than 50 feet from a residential district. She pointed out that Chapter 1116.04 subd. 20. Conditional Uses – Storage of flammable liquids. She stated the fire code regulates the storage of all flammable gas and liquids except for single-family properties. Planning Associate Heller stated that any business or multi-family dwelling that installs a tank containing a flammable liquid, must get a fire permit and follow fire code requirements, no matter what size the tank is. She mentioned these rules become stronger with more safety precautions as the tank size increases. Planning Associate Heller indicated consensus among Commissioners at the last meeting to determine a maximum tank size allowed without a conditional use permit. Discussion ensued. Consensus reached by the Planning Commission to set 800 gallons as the threshold for above ground flammable and/or combustible liquids storage tanks in an industrial area. Tanks above that size would require a conditional use permit. The Planning Commission directed staff to draft the code change for Planning Commission review and approval. B. Comp Plan Planning Associate Heller directed the Planning Commission towards a discussion on Chapter 7, Economic Development, of the Comprehensive Plan. Mounds View Planning Commission March 19, 2008 Regular Meeting Page 3 ______________________________________________________________________________ Commissioner Meehlhause explained the purpose of the Economic Development Commission (EDC), their priorities, the programs it is involved with, and membership composition. Planning Associate Heller stated that Heidi Steinmetz, Economic Development Specialist, pointed out at the March 12, 2008 Comp Plan Task Force meeting that economic development means different things to different people and communities. Discussion ensued. Planning Associate Heller captured comments and recommendations made by the Planning Commission. She stated that Heidi Steinmetz, Economic Development Specialist, would continue to reformat this chapter, and it would be brought back for review by the Commission. ______________________________________________________________________________ 7. Next Planning Commission Meeting: A. April 2, 2008 B. April 16, 2008 ______________________________________________________________________________ 8. Adjournment to Agenda Session There being no further business before the Planning Commission, Chair Stevenson adjourned the meeting at 8:10 p.m. Respectfully submitted, Jim Ericson Community Development Director Transcribed by: Dianna Wise TimeSaver Off Site Secretarial, Inc. Item No: 5A Meeting Date: April 2, 2008 Type of Business: Public Hearing City of Mounds View Staff Report To: Mounds View Planning Commission From: Heidi Heller, Planning Associate Item Title/Subject: Public Hearing and Consideration of a Variance to Allow an Increased Amount of Wall Signage for Aldi at 2537 County Highway 10; Planning Case VR2008-001 Introduction: Aldi, Inc. has requested a variance to allow for an increased amount of wall signage on their building located at Mounds View Square, 2537 County Highway 10. The Aldi grocery store recently moved in to one of the end spaces at Mounds View Square, and installed signage above the entrance door that says simply “Aldi.” The end units at most retail centers have two exterior walls which is the case with Aldi’s location, so they have two wall signs. Each tenant is allowed up to 100 square feet of wall signage – Aldi’s current signs total 93.75 square feet. They would now like to add another small sign under the original one that says “Food Market” in order to specify what kind of store Aldi is. The two additional proposed signs would add an additional 18.75 square feet of wall signage, which would put them 12.5 square feet over the amount allowed. Discussion: The Sign Code calls for building mounted signage not to exceed 100 square feet per building occupant. In most cases, 100 square feet is more than adequate, although issues have arisen regarding end spaces at the retail malls and for stand-alone buildings with multiple frontages. Aldi’s location in Mounds View Square has two front walls with good visibility since both sides face County Highway 10 and one side also has visibility from Long Lake Road. Our Code makes no exceptions for multiple building elevations, thus limiting each tenant to 100 square feet. Aldi, Inc. would like to install two additional signs, each one would be 18” tall and 6’3” wide (9.375 square feet), on the exterior walls of their building. The signage would appear as shown in the photo included in this report. Each of the current signs are 7’6” tall and 6’3” wide (46.875 square feet). Paster Enterprises, the owners of Mounds View Square, are supportive of Aldi’s request. Similar Requests: Budget Liquor and Mario’s Video were both granted variances for additional signage at Mounds View Square. (Both leased space at either end of the center.) The Abbey Carpet building, Carmike Wynnsong Cinema and C.G. Hill & Sons also received approval for signage in excess of 100 square feet. The Mermaid, through its PUD, was allowed signage in excess of the City’s requirements. Aldi Sign Variance Report April 2, 2008 Page 2 Variance Considerations: For a variance to be approved, the applicant needs to demonstrate a hardship or practical difficulty associated with the property that makes a literal interpretation of the Code overly burdensome or restrictive. Minnesota statutes require that the governing body (the Planning Commission, in this case) 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 criteria are as follows: 1. 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. A variance for additional signage is unique among the spectrum of possible variances in that the Sign Code is not a part of the Zoning Code; rather it is a chapter within the building code. The building code however indicates that any requested deviations be handled as would a deviation from the Zoning Code. This business is located in the Mounds View Square shopping center which is zoned B- 4, Regional Business. Exterior building mounted signage is limited to 100 square feet per building occupant in industrial and other commercial districts, regardless of the building mass—its height and length. Some sign codes from other municipalities allow for greater sign area for multiple building fronts while others allow more based on wall area. Mounds View’s code simply limits each building occupant to 100 square feet. There does not appear to be any apparent exceptional or extraordinary circumstances involving this property or the request other than this business is located in an end space of a shopping center, which causes this unit to have two frontages. 2. 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 of the provisions of the Zoning Code would not necessarily deprive the applicant of rights enjoyed by other properties in the same zone, however denying the request would put the occupants in an unfavorable position based upon the City’s past practice of approving reasonable signage variances, especially for business with multiple building frontages. 3. That the special conditions or circumstances do not result from the actions of the applicant. The special conditions do not result from the actions of the applicant. Aldi Sign Variance Report April 2, 2008 Page 3 4. 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 every property owner has the right to apply for a variance to improve the function and viability of their business. Neither would such approval confer a special treatment as similar reasonable variances have been granted in the past. 5. That the variance requested is the minimum variance which would alleviate the hardship. Economic conditions alone shall not be considered a hardship. Since Aldi is a fairly new store in Minnesota, they feel their signage needs to clarify what kind of store they are. Allowing for an additional 12.5 square feet would be the minimum the applicant feels is necessary to provide suitable visibility. 6. The variance would not be materially detrimental to the purpose of this Title or to other property in the same zone. Granting a variance to allow the additional 12.5 square feet of building mounted signage for a business with multiple visible elevations would not be materially detrimental to the purpose and intent of the building code. There have been no objections raised up to this point from any of the adjoining property owners. Given the building’s size, the 9.375 square feet of additional signage on each wall would not appear excessive. 7. 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 would not result in any of the above-cited adverse effects. Deadline for Action: This application was accepted on March 3, 2008 and in accordance with MN Statutes §15.99, a decision shall be made within 60 days of application acceptance. The deadline for action on this request is May 2, 2008. Summary: Notices were sent to all property owners within 350 feet of 2537 County Highway 10. Staff has not received any comments to date. All of the criteria, as indicated above, appear to be satisfied which would allow for the granting of the variance. Aldi Sign Variance Report April 2, 2008 Page 4 Recommendation: After holding the public hearing and taking testimony from staff, the business owner and affected property owners, the Commission can take one of the following actions related to the request: 1. Approve the variance as requested. Resolution 882-08 is attached for the Commission’s approval if that is the chosen course of action. 2. Deny the requested variance. To move forward with this option, the Commission should move to direct staff to draft a resolution of denial with findings of fact appropriate to support the denial. 3. Table the request. 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 request until such information has been provided. _______________________ Heidi Heller Planning Associate Attachments: 1. Planning Application 2. Zoning Map 3. Aerial View 4. Photographic Documentation 5. Resolution 882-08 Zoning Map Mounds View Square Aerial View N Mounds View Square Aldi 2 sides of building with signage Photographic Documentation Photo rendering showing west facing wall with proposed additional “Food Market” signage under the existing Aldi sign. Both sides of the building would have identical signage. MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 882-08 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A VARIANCE FOR 12.5 SQUARE FEET OF ADDITIONAL EXTERIOR BUILDING SIGNAGE AT MOUNDS VIEW SQUARE, 2537 COUNTY HIGHWAY 10; PLANNING CASE NO. VR2008-001 WHEREAS, the applicant, Aldi, Inc., has applied for a variance from the maximum wall-mounted signage allotment for their retail space located at Mounds View Square, 2537 County Highway 10; and, WHEREAS, Section 1008.09 of the Sign Code indicates that the maximum wall- mounted signage for an industrial building is 100 square feet per business occupant; and, WHEREAS, Aldi, Inc. requests an additional 12.5 square feet of signage; and, WHEREAS, Section 1008.16 of the Sign Code indicates that variance requests be treated as any other variance request as articulated in Section 1125.02, Subdivision 2 of the Mounds View Zoning Code; and, WHEREAS, according to Section 1125.02, 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 makes the following finding of facts related to this request: 1. The retail end space at 2537 County Highway 10 is in need of additional exterior wall-mounted signage on the west and south building faces in order to state what type of store Aldi is. 2. The literal interpretation of the provisions of this Title would deprive the applicant of rights commonly enjoyed by other properties in that the City has approved similar variances in the past for reasonable sign variance requests. 3. The special conditions or circumstances necessitating the variance request do not result from the actions of the applicant. 4. Granting the variance would not confer upon the property owner a special privilege in that every property owner has the right to apply for a variance to improve the function and viability of their business. Neither would such approval confer a special treatment as similar reasonable variances have been granted in the past. Resolution 882-08 Page 2 5. Allowing for an additional 12.5 square feet on the west and south sides of the building would be the minimum variance necessary to provide suitable visibility of the additional “Food Market” wording and alleviate the hardship. 6. The variance would not be materially detrimental to the purpose of the Municipal Code or to other property in the commercial zoning districts. 7. 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. NOW, THEREFORE, BE IT FINALLY RESOLVED that the Mounds View Planning Commission, based upon the above identified finding of facts, does hereby approve the variance requested for an additional 12.5 square feet of signage on the west and south sides of the retail space located at 2537 County Highway 10. Adopted this 2nd day of April 2008. ____________________________________ Gary Stevenson, Chairperson ATTEST: ____________________________________ James Ericson Community Development Director (SEAL) Item No: 5B Meeting Date: April 2, 2008 Type of Business: Action City of Mounds View Staff Report To: Mounds View Planning Commission From: Heidi Heller, Planning Associate Item Title/Subject: Interim Use Permit (IUP) Application for a Temporary Outdoor Tent at Moe’s Restaurant Introduction: In late 2006, soon after Moe’s opened their new restaurant at 2400 County Highway 10, they built a deck in order to provide outdoor seating. In the spring of 2007, they put a temporary tent on the deck in order to be able to have additional seating for the early spring holidays like St. Patrick’s Day, Easter and Mother’s Day. With the tent they are able to use the deck longer than only for the short Minnesota summer season. Temporary tents in commercial districts are allowed for up to seven days, and longer than one week requires an Interim Use Permit. An IUP allows a business to have a tent for up to 180 days per year. Moe’s may want to split the 180 days between the spring and fall each year. Discussion: The process for reviewing an interim use permit for a temporary tent is the same as if it were a conditional use permit. A public hearing will be scheduled for the City Council meeting and notices sent to property owners within 350 feet of the subject parcel. The specific requirements of the approval process are as follows: 1. The tent or membrane structure shall comply with all provisions of the Fire Code and receive annual fire and tent permits issued by the Fire Marshal. Both a fire permit and a temporary tent permit will be required each time the tent is erected. With each fire and tent permit application, the fire marshal will review the applications and conduct an inspection after the tent is set up. 2. Adequate parking to accommodate the occupancy shall be provided at a ratio of one parking space per 40 square feet of tent area. (The City Council may waive the parking requirement if it can be shown that the site has sufficient existing parking capacity.) At the time the deck was constructed, the parking requirements were reviewed and found to be adequate. This temporary tent will always be on the deck so it will not be removing additional parking spaces. 3. The tent or membrane structure shall be subject to same building setbacks as the principal building on the lot. No tent or membrane structure shall be allowed instead of or without a principal building. The tent does not encroach into any required setback area. 4. The tent or membrane structure shall be limited in size to 5,000 square feet or 10 percent of the principal buildings’ square footage, whichever is less. The tent is 1,100 square feet which is about ten percent of the restaurant floor area. Moe’s Tent Report April 2, 2008 Page 2 5. The membrane or cover shall be constructed of a durable reinforced material to withstand wind and snowloads. There have been no problems with the tent to date. The tent is not used during the heavy snow months. 6. The structure shall be anchored to the ground. The tent structure is adequately anchored to the deck. An inspection by the building official is done each time the tent is set up. 7. The tent or membrane structure shall be maintained in a good condition. Deficiencies shall be corrected as soon as practicable. This condition will be added to the resolution recommending approval. Moe’s does not own the tent – they rent it from a company who also does the setup and takedown. One would assume that a rental company would only be providing products that are in good condition. 8. The IUP can be reviewed at any time by the City if problems arise which would necessitate revision or termination of the IUP. This condition also has been added to the resolution. 9. The IUP would become null and void if the property owner fails to comply with the provisions of the permit or if the structure is removed for more than a one-year period, or if the property undergoes a change of ownership. Again, this condition has been added to the resolution. Chapter 1125 Considerations: A tent IUP application is to be reviewed similarly to a conditional use permit as articulated in Chapter 1125 of the Zoning Code. The chapter requires that the Planning Commission review and address any potential adverse effects which include, but are not limited to, relationship with the Comprehensive Plan, geographical area involved, potential depreciation, the character of the surrounding area and the demonstrated need for such a use. Each of these potential adverse effects is listed below along with responses. Relationship with the Comprehensive Plan. The proposal to maintain an outdoor temporary tent would not be inconsistent with the comprehensive plan, which guides this parcel as a community commercial planned unit development. The Geographical Area Involved. The applicant’s property is made up of two parcels which total 1.6 acres. It is a fairly flat site that abuts the movie theater parking lot and a small office building. Depreciation. There should be no depreciation to the subject property or surrounding properties as a result of the tent’s existence. The tent is only used for part of the year, and is completely removed from the deck when not in use. The Character of the Surrounding Area. The site is prominently located at the corner of County Highway 10 and County Road H2. The tent is located on the northeast side of the building which faces County Highway 10. This site is primarily surrounded by commercial land uses – office building, movie theater, bar and restaurant. There are some residential homes across County Highway 10 and County Road H2 from Moe’s. The deck and tent are on the opposite side of the building from the County Road H2 homes, and over 225 feet away from the homes across County Highway 10. Moe’s Tent Report April 2, 2008 Page 3 The Demonstrated Need for Such a Use. The applicant has indicated that the tent would allow the deck to be used for a longer time period each year, and it creates additional seating for the busy Easter and Mother’s Day holidays. Summary: The Zoning Code allows temporary structures by interim use permit, in commercial districts. The tent was used a few times last year without any problems. Since the applicant intends to use the tent annually, and for longer than one week during the spring and fall, staff indicated to Moe’s that an IUP would be necessary. From a zoning perspective, all of the city code requirements are satisfied. The preference would be to have the approval be for an indefinite time period so long as the annual conditions remain satisfied. Given that there have been no problems up to this point and the fact that the resolution will contain a provision that allows for review of the IUP at any point, staff feels comfortable in recommending an open-ended approval. Deadline for Action: This application was accepted on March 19, 2008 and in accordance with MN Statute 15.99, a decision shall be made within 60 days of application acceptance. The deadline for action for this request is May 18, 2008. Recommendation: Review the request for the Interim Use Permit to allow an outdoor temporary tent at Moe’s restaurant. Staff is recommending approval of Resolution 883-08, which is attached for your consideration. The resolution would recommend approval to the City Council with stipulations as noted. If more information is needed before action can be taken, the Commission may table the request pending receipt of the information. Heidi Heller Planning Associate Attachments 1. Planning Application 2. Zoning Map 3. Aerial View 4. Photographic Documentation 5. Resolution 883-08 Zoning Map MOE’S Parking-Restaurant COUNTY ROAD H2 Aerial View Tent/Deck location Photographic Documentation Tent set up on Moe’s deck Photo taken from across Cty Hwy 10 in Walgreen’s parking lot MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 883-08 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF AN INTERIM USE PERMIT FOR A TEMPORARY TENT AT MOE’S RESTAURANT LOCATED AT 2400 COUNTY HIGHWAY 10; PLANNING CASE NO. IU2008-001 WHEREAS, Jeff Moritko, owner of Moe’s, has applied for an interim use permit for a temporary tent at Moe’s restaurant, located at 2400 County Highway 10; and, WHEREAS, the subject property is zoned B-3, Highway Business, and has a Comprehensive Plan future Land Use Map designation of Community Commercial; and, WHEREAS, the Mounds View Zoning Code allows temporary outdoor tents in commercial districts by interim use permit; and, WHEREAS, the Mounds View Staff and the Planning Commission have reviewed the zoning requirements associated with temporary tents in commercial districts, and finds that all conditions are satisfied by this request. NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission makes the following findings of fact related to the conditional use permit request: 1. The request is consistent with the Mounds View Comprehensive Plan. 2. The request is consistent with the Mounds View Zoning Code. 3. The size of the structure is within permitted allowances and complies with setback provisions. 4. There have been no complaints filed regarding the use of the tent in the previous year. 5. The applicant has sufficiently demonstrated that a need exists for the temporary outdoor tent. 6. The site has adequate parking area available to satisfy the demands of the temporary tent. Resolution 883-08 Page 2 NOW, THEREFORE, BE IT FURTHER RESOLVED that the Mounds View Planning Commission recommends approval of the interim use permit for an outdoor temporary tent with conditions as follows: 1. The tent or membrane structure shall comply with all provisions of the Fire Code and the applicant shall apply for and receive fire permits issued by the Fire Marshal and receive a satisfactory inspection each time the tent is erected. 2. The temporary tent may be erected on the deck for a maximum of 180 days in a calendar year. This is IUP is valid only for a tent to be located on the deck. 3. The tent framework and membrane covering shall be maintained in a good condition. Deficiencies shall be corrected as soon as practicable. 4. The interim use permit can be reviewed at any time by the City if problems arise which would necessitate revision or termination of the permit. 5. The interim use permit will become null and void if the property owner fails to comply with the provisions of the permit or if the structure is removed for more than a one-year period, or if the property undergoes a change of ownership. BE IT FURTHER RESOLVED, that the Mounds View Planning Commission recommends that the permit approval shall remain in force indefinitely so long as the conditions above and those of the Zoning Code remain satisfied. 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 2nd day of April, 2008. _____________________________________ Gary Stevenson, Chairperson ATTEST: ____________________________________ James Ericson, Community Development Director (SEAL)