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HomeMy WebLinkAbout07-25-2007 MOUNDS VIEW PLANNING COMMISSION REGULAR MEETING AGENDA July 25, 2007 -- 7:00 P.M. 1. Call to Order 2. Roll Call 3. Approval of Minutes: A. June 6, 2007 4. Citizens Requests and Comments Relating to Planning and Zoning Issues Not Already Present on the Agenda. (Before speaking, please give your full name and address for the minutes.) 5. Planning Cases A. CU2007-00 and VR2007-001 Consideration of a Conditional Use Permit for an Oversize Garage and a Variance for Garage Width to Exceed 35 Feet Applicant: Tim Clemons & Collette O’Donovan Address: 8290 Sunnyside Road B. MA2007-00 Review Preliminary Plat for 8184 Eastwood & 8211 Red Oak Drive Applicant: Abiding Savior Lutheran Church Address: 8211 Red Oak Drive 6. Other Planning Activity A. Discussion of Allowable Zoning District Locations for Massage Therapy B. Comprehensive Plan 2008 Update 7. Next Planning Commission Meetings: A. August 8, 2007 B. August 22, 2007 8. Adjourn to Agenda Session Agenda Session 1. Review Minutes: a. June 20, 2007 2. Staff Reports a. Upcoming Planning Cases 3. Chairperson and Planning Commissioners’ Reports 4. Meeting Conclusion Item No: 5A Meeting Date: July 25, 2007 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 Conditional Use Permit for an Oversized Garage and a Variance for the Garage to Exceed 35 Feet Wide at 8290 Sunnyside Road; Planning Case No. CU2007-004 and VR2007-001 Introduction: The applicants, Tim Clemons and Collette O’Donovan, are requesting approval of a conditional use permit and a variance for an oversized detached garage on their property at 8290 Sunnyside Road. They would like to add a 22’x24’ addition to the east side of the existing garage. The current garage size is 32 feet wide, 24 feet deep and 768 square feet. With the new addition the garage would be 54 feet wide and 24 feet deep with a total square footage of 1,296. The plot plan submitted indicates a garage area in excess of what is allowed without a conditional use permit. Accessory buildings, attached or detached, are limited to 952 square feet. Anything beyond 952 square feet must go through a conditional use permit application process. Oversize garages are limited to being 35 feet wide, and anything beyond 35 feet in width must go through the variance process. Conditional Use Permit Discussion Requirements: Section 1106.03, Subd. 1: This part of the Code limits the height of an accessory building, the number of accessory buildings and the backyard coverage ratio of accessory buildings. A Conditional Use Permit (CUP) is required for garages exceeding 952 square feet. Section 1106.04, Subd. 6: This part of the Code enumerates the conditions for garages exceeding 952 square feet, which are that the garage be permanent, be uniform in appearance with the home, and not exceed 1,800 square feet of total accessory building area on the lot. Section 1125.01, Subd. 1: The Planning Commission is required to review the possible adverse effects of the requested conditional use. Discussion: Except for the width, the request for a Conditional Use Permit to construct the 1,296 square foot garage satisfies the requirements as stated in Section 1106.03 and 1106.04, Subdivision 6 of the Mounds View Zoning Code. All setback requirements would be satisfied with this request. 8290 Sunnyside CUP & VR Request July 25, 2007 Page 2 The Comprehensive Plan encourages the development and maintenance of residential areas so as to improve the quality, appearance and attractiveness of housing units and residential property in general. The Comprehensive Plan designates this property, 8290 Sunnyside Road, as low-density residential. CUP Considerations: Chapter 1125 of the Zoning Code 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 addressed below. Relationship with the Comprehensive Plan. As previously stated, the Comprehensive Plan encourages the development and maintenance of residential areas so as to improve the quality, appearance and attractiveness of housing units and residential property in general. The garage will be expanded in order for the applicant to be able to store their vehicles indoors, which will be a benefit to the neighborhood. The Geographical Area Involved. The home is located on the north end of Sunnyside Road, setback further than the neighboring homes and on a wooded lot. During the summer months, the house and garage are not visible from the street. During the winter, only the east end of the garage may be slightly visible through the trees. In this case, the proposed oversized garage would not be noticeable or out of place in the neighborhood. This garage should not affect any neighboring properties. Depreciation. The proposed garage would benefit the subject property both in a practical sense by providing additional on site, indoor parking and storage, as well as in an economic sense, as the construction would increase the “value” of the property. Increased property values are of course a benefit to everyone. The Character of the Surrounding Area. Sunnyside Road is entirely single family residential. The homes in this area are a variety of styles and ages and most have large lots. The proposed garage would not be out of character in this area since the garage is placed sideways on the lot and the extra width would not be seen from the street. This property is about 256 feet deep, so the new garage should not affect any neighbors. The expanded garage would not change the current front look of the house. The Demonstrated Need for Such a Use. The applicants have recreational vehicles along with a few regular vehicles and would like to store them indoors and out of sight. CUP Summary: Other than the garage width, all zoning and code issues are satisfied with this request. 8290 Sunnyside CUP & VR Request July 25, 2007 Page 3 Variance Discussion A variance is required for this request because the garage would exceed 35 feet in width. If the area of the garage were 952 square feet or less, there would be no limit on the width. While there are no explicit width limits for garages less than 952 square feet, there are practical limits due to minimum garage depths. The rationale for limiting a garage width is based solely on aesthetics. Previous Commissions and Councils have held that by limiting the width of a garage, the garage cannot dwarf the home or be the dominant feature on the lot. While one can argue and disagree about what is or is not aesthetically pleasing, garages tend to be devoid of any interesting architectural features and lacking in character. Limiting their width helps preserve the ideal of the home being the dominant feature rather than the garage. Variance Considerations: For a variance to be considered favorably, the burden is on the applicant 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. The property is located on Sunnyside Road and was one of the first homes built in the area in 1938. The garage was built well before Tim & Collette bought the property in 1996, and was placed near the south property line facing sideways, rather than facing the street like most other garages in the city. 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 this Title would deprive the applicant of rights commonly enjoyed by other properties in that most garages are not set on the lot sideways which allows property owners to expand their garages to the rear and not exceed the 35 foot width limit. Due to the garage sitting sideways and being located approximately 14 feet from the side property line, the applicants have limited options. 3. That the special conditions or circumstances do not result from the actions of the applicant. The special circumstances or conditions do not result from the applicant in that Mr. Clemons and Ms. O’Donovan had no control over the placement of the garage on the lot. 8290 Sunnyside CUP & VR Request July 25, 2007 Page 4 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 requested would not confer on the applicant any special privilege in that most property owners are not limited in such a way in order to expand their garages. 5. That the variance requested is the minimum variance which would alleviate the hardship. Economic conditions alone shall not be considered a hardship. The requested 19 foot variance is the minimum amount necessary to alleviate the applicant’s hardship. Economic conditions do not enter into the need for a variance in this case. 6. The variance would not be materially detrimental to the purpose of this Title or to other property in the same zone. The variance requested would not be materially detrimental to the purpose of the Code or to other properties in the vicinity. The spirit and intent of the Code would be preserved. 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 proposed garage should not have any impact on the supply of light or air to adjacent properties, nor should it impact congestion of streets. The proposed addition will not increase the danger of fire, endanger the public safety or decrease property values in the neighborhood. Variance Summary Based on the above analysis, Staff believes there is sufficient cause to establish hardship and practical difficulty to warrant approval of the variance. Public Notice Public hearing notices were mailed to all property owners within 350 feet of 8290 Sunnyside Road, and a notice was published in the Bulletin newspaper on July 11, 2007. Staff received one letter of support from the neighbor to the north, which is included in this staff report. 8290 Sunnyside CUP & VR Request July 25, 2007 Page 5 Recommendations: After taking testimony from staff and the property owner, and holding the public hearing, the Commission can take one of the following actions related to the request: 1. Recommend approval of the conditional use permit and approve the variance. Resolution 870-07 is attached if the Commission chooses this action. 2. Recommend denial of the conditional use permit and/or variance. If the Planning Commission selects this option, Staff would need to be directed 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. Because of 60-day requirements, the Commission would need to act upon the request as soon as reasonably possible to avoid an inadvertent approval. The 60 day deadline is September 4, 2007. Respectfully submitted, Heidi Heller Planning Associate Attachments: 1. Planning Application 2. Aerial View 3. Zoning Map 4. Photographic Documentation 5. Letter from neighbor at 8310 Sunnyside Road 6. Resolution 870-07 Aerial View 8290 Sunnyside Road Current garage 32’w’ x 24d’ Setback from street approximately 90 feet House North New expanded garage total dimensions 54’w x 24’d NOT TO SCALE Zoning Map Abiding Savior Lutheran Church Properties not bearing a designation are zoned R-1, Single Family Residential Photographic Documentation View of 8290 Sunnyside from across the street View of 8290 Sunnyside from corner of driveway & street Existing Garage View from front door looking towards the street Existing Garage The expanded garage would extend to approximately the wood fence MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 870-07 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL FOR A CONDITIONAL USE PERMIT TO ALLOW FOR A 1,296 SQUARE-FOOT GARAGE AND APPROVING A VARIANCE FOR A 54 FOOT WIDE GARAGE AT 8290 SUNNYSIDE ROAD; PLANNING CASE NOs. CU2007-004 & VR2007-001 WHEREAS, property owners Tim Clemons and Collette O’Donovan have applied for a conditional use permit and a variance to construct a 54’ wide x 24’ deep, 1,296 square foot garage; and, WHEREAS, the subject property, located at 8290 Sunnyside Road, is zoned R-1, Single Family residential, and is legally described as follows: Section 6, Town 30, Range 23, except the west 240 feet. The east 528 feet of the west 1056 feet of the north 90 feet of the south 1620 feet of the NE ¼ (Subject to Rd) in Section 6, Town 30, Range 23, Ramsey County, Minnesota WHEREAS, the Mounds View Zoning Code conditionally allows garages in excess of 952 square feet in area with a maximum accessory building area not to exceed 1,800 square feet; and, WHEREAS, the Mounds View Zoning Code restricts the width of oversized garages to 35 feet or less; and, WHEREAS, the proposed expanded garage would be 1,296 square feet, thus necessitating application of a conditional use permit; and, WHEREAS, the proposed garage would be 54 feet in width, 19 feet beyond that which is allowed for an oversized garage, necessitating application of a variance; and, WHEREAS, the Planning Commission has reviewed the following documents regarding this proposal: a. Planning Application b. Aerial View c. Zoning Map d. Photographic documentation e. Staff Report WHEREAS, the Planning Commission held a duly noticed public hearing regarding the variance and conditional use permit requests on Wednesday, July 25, 2007. Resolution 870-07 CUP & VR 8290 Sunnyside Rd. Page 2 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. Other than the width, the proposed oversized 1,296 square foot garage satisfies the dimensional requirements as outlined in Chapters 1104 and 1106 the Zoning Code. 2. The request is consistent with the Mounds View Comprehensive Plan in that the Comprehensive Plan encourages the development and maintenance of residential areas so as to improve the quality, appearance and attractiveness of housing units and residential property in general. 3. The proposed garage would not be out of place given the character and geography of the surrounding area involved and the size of the subject property which is able to accommodate such a structure. 4. The proposed garage would not depreciate the neighborhood. 5. The applicant has sufficiently demonstrated that a need exists for the proposed oversized garage. NOW, THEREFORE, BE IT FURTHER RESOLVED that the Mounds View Planning Commission makes the following findings of fact related to the variance request: 1. The property is located on Sunnyside Road with the house and garage being setback further than the neighboring homes. The structures cannot be seen from the street due to the heavy tree cover on the lot. The proposed garage would allow the homeowners more indoor storage for their vehicles. 2. The literal interpretation of the provisions of this Title would deprive the applicant of rights commonly enjoyed by other properties in that most property owners could expand the garage to the rear, but due to the garage being built sideways on the lot and being located close to the side property line, the applicants have limited options. 3 The special circumstances or conditions do not result from the applicants in that Mr. Clemons and Ms. O’Donovan had no control over how the garage was placed on the lot before they purchased the property. 4. Granting the variance requested would not confer on the applicant any special privilege in that most garages are not set sideways on the property. 5. The requested 19 foot variance is the minimum amount necessary to alleviate the applicant’s hardship. Economic conditions do not enter into the need for a variance in this case. Resolution 870-07 CUP & VR 8290 Sunnyside Rd. Page 3 6. The variance requested would not be materially detrimental to the purpose of the Code or to other properties in the vicinity. The spirit and intent of the Code is preserved. 7. Granting the variance would not impair an adequate supply of light and air to adjacent properties, would not increase the congestion of the public streets, would not increase the danger of fire or endanger the public safety and would not diminish or impair property values within the neighborhood. NOW, THEREFORE, BE IT FINALLY RESOLVED that the Mounds View Planning Commission approves the requested variance for a 54 foot wide garage and recommends approval of the conditional use permit for the 1,296 square foot garage, with conditions as follows: 1. The garage shall not be used for commercial purposes, living space or other uses not allowed within the R-1 Single-Family Residential district or by the Zoning Code. Should the use change for which the permit was granted; the conditional use permit shall be considered null and void. 2. The garage expansion shall be designed and maintained to provide a uniform appearance with the existing garage and house. 3. The Conditional Use Permit (CUP) and Variance (VR) shall become null and void if the work for which the CUP and VR were granted is not completed within one year from the date of approval unless a petition for extension of time in which to complete the work has been granted by the Planning Commission. BE IT FURTHER 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 25th day of July, 2007. _____________________________________ Gary Stevenson, Chairperson ATTEST: ____________________________________ James Ericson, Community Development Director (SEAL) Item No: 5B Meeting Date: July 25, 2007 Type of Business: Commission Business City of Mounds View Staff Report To: Mounds View Planning Commission From: James Ericson, Community Development Director Item Title/Subject: Consideration of a Major Subdivision of 8184 Eastwood Road; Planning Case MA2007-002 Introduction: Abiding Savior Lutheran Church (the “Church”) is the owner of 8184 Eastwood Road, a 50,965 square foot residential parcel improved with a one-story home and attached single- stall garage. The parcel is adjacent to the Church’s 6.31 acre tract of land addressed at 8211 Red Oak Drive. The Church has submitted a major subdivision application to split the home and 16,025 square feet from the Eastwood Road parcel, attaching the remaining 34,940 square feet to the larger Church property located at 8211 Red Oak Drive. As a result of the proposed subdivision, the total acreage of the Red Oak Drive parcel would increase from 6.31 acres to 7.12 acres. The Church has expressed a desire to develop a senior residential facility on the property, however the requested subdivision does nothing to further this goal. (A subsequent major subdivision would be required, among other planning requests, to proceed with such a development.) The Church intends to sell the home on Eastwood Road upon approval of the requested subdivision. The Church has submitted a preliminary plat and final plat which illustrates the proposed subdivision of 8184 Eastwood Road and has submitted the necessary title commitment which has been forwarded to the City Attorney for review. Previously: In December of last year, the Church requested approval of a minor subdivision of the property located at 8184 Eastwood Road. The City Council ultimately denied the request finding that the proposal could not be considered as a minor subdivision due to the acreage involved. The Council’s resolution of denial was approved on February 12, 2007. Discussion: A major subdivision is a division of land in which more than two parcels are created or involves more than two acres of land area. In this case, the affected area totals approximately 7.49 acres and involves two parcels—8211 Red Oak Drive and 8184 Eastwood Road. Major subdivisions are accomplished by a plat, usually a two-step process by which a preliminary plat is considered then followed by a final plat. Major subdivisions require a public hearing, usually held by the City Council. Both parcels are zoned R-1, Single Family Residential. The Comprehensive Plan designates the Eastwood Road parcel as Single-Family Detached while the Red Oak Drive parcel is designated Institutional, in recognition of the existing Church facility. The land added to the Red Oak Drive parcel would not be able to be built upon by the Church except through approval of a Comprehensive Plan amendment. Abiding Savior Report July 25, 2007 Page 2 Subdivision Requirements The minimum lot area required for a single family home is 11,000 square feet and the minimum lot width is 75 feet. The Eastwood Road parcel, identified as Lot 2 on the submitted plat, would have a remaining area of 16,025 square feet and front width of 90.54 feet, both of which would exceed the City’s minimum requirements. The minimum area required for a non- residential use (such as a church) in a residential district is one acre. Park Dedication Requirements. All subdivisions of land are subject to park dedication fee requirements. For subdivisions which have no impact upon the park system (such as a lot line adjustment) the City Council may waive any dedication fee. In this case, while the subdivision requested by the Church in and of itself would not likely cause any additional impact to the park system, the City Council previously indicated a dedication fee would be appropriate. The following table illustrates potential dedications amounts. Description 5% 10% Option 1 Dedication applied to all acreage (7.48 acres) at a rate of $2.48 per square foot (2007 county value) $40,403 $80,806 Option 2 Dedication applied to just Eastwood Road lot (1.17 acres) $ 5,970 $11,940 Option 3 Dedication applied to only subdivided portion of Eastwood lot (0.80 acres) $ 4,328 $ 8,655 Option 4 Dedication applied only to remainder of Eastwood Road lot (0.37 acres) $ 1,987 $ 3,974 For sake of reference, the dedication fee imposed for minor subdivisions is usually five percent of the county assessed land value of the lot created. For major subdivisions such as the one requested by Abiding Savior and for projects which significantly intensify the existing development density, up to a ten percent dedication fee may be imposed by the Council. The Planning Commission may recommend a position on the dedication imposed, however the final decision is that of the City Council. Easements. With every subdivision of land, the City requires that drainage and utility easements be dedicated around the perimeter of the lots. The submitted preliminary plat does includes all required easement areas—ten feet fronting Red Oak Drive, Ardan Avenue and Eastwood Road, and five feet for all internal lot lines. The Eastwood Road parcel shows a ten foot rear easement as is required. The Church parcel, because it is a “through lot” essentially has no rear, but one could argue that there should be ten feet of easement where the Church’s lot abuts the rear of the lot at 8180 Eastwood Road. Abiding Savior Report July 25, 2007 Page 3 Utilities. No changes are proposed to the utilities on the property. At a previous meeting, a question was raised about the utility line that transects the back yard of 8184 Eastwood Road. The requested subdivision will not impact or otherwise compromise the integrity of the existing utilities. While it may be true that the overhead power lines would no longer be centered along a common lot line, there is no compelling reason to either relocate the power lines or grant an easement for the overhead transmission lines. Staff has contacted Xcel regarding the overhead lines and utility poles in question and will share their response with the Commission upon its receipt. Public Notice. Generally, the Planning Commission does not hold a public hearing for major subdivisions as it is a requirement of the City Council. However given the history of this property and the past involvement of many area residents, staff felt such a hearing with the Commission would be prudent. Staff sent notices to all property owners with 350 feet of both parcels and a few have contacted staff in person or by phone to ask about the request. It has been explained to everyone that the present request satisfies all City requirements and does not represent an incremental step toward subsequent development of the land. Deadline for Action. This application was accepted on June 27, 2007 and in accordance with MN Statute 15.99, a decision will need to be made within 120 days of application acceptance. The deadline for action for this request is October 25, 2007. (Planning applications have a 60 day window for approval while Minnesota Statutes allow 120 days for subdivision requests.) Summary. The proposed major subdivision of the 8184 Eastwood Road and 8211 Red Oak Drive is requested to create additional land which would be combined with the Abiding Savior property at 8211 Red Oak Drive (Lot 1). The remaining single family lot on Eastwood Road (Lot 2) would be consistent with all setbacks and subdivision code requirements. Recommendation: Discuss the major subdivision request submitted by Abiding Savior Lutheran Church to plat and subdivide the parcels located at 8184 Eastwood Road and 8211 Red Oak Drive. The following options may be considered: 1. Recommend approval of the requested major subdivision application subject to review of title documentation by the City Attorney’s office. A resolution of approval with stipulations as noted has been prepared for the Commission’s action. 2. Recommend denial of the major subdivision request and direct staff to prepare a resolution to that effect. Staff is not aware of any conditions to justify denial and thus would recommend against taking such action. Abiding Savior Report July 25, 2007 Page 4 3. Table action pending receipt of additional information deemed necessary before a decision can be determined. If a tabling motion is supported, staff or the applicant will need to be directed to prepare or submit the information requested Staff recommends that the Planning Commission favorable consider the first option, a recommendation of approval for consideration by the City Council. _____________________________________ James Ericson Community Development Director Attachments. 1. Planning Application 2. Zoning Map 3. Location Map 4. Aerial Map 5. Photographic Documentation 6. Planning Commission Resolution 871-07 7. Preliminary Plat (Separate Attachment) Zoning Map Abiding Savior Church Location Map Aerial Map 8184 Eastwood Road Church Building 8211 Red Oak Drive Photographic Documentation House at 8184 Eastwood Road Abiding Savior Lutheran Church, 8211 Red Oak Drive Looking west toward Church, taken from Eastwood Road Backyard of 8184 Eastwood Road MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 871-07 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF THE PRELIMINARY PLAT FOR THE ABIDING SAVIOR MAJOR SUBDIVISION; MOUNDS VIEW PLANNING CASE NO. MA07-002 WHEREAS, property owner Abiding Savior Lutheran Church, located at 8211 Red Oak Drive, (the Applicant) has requested approval of a major subdivision of 8184 Eastwood Road and 8211 Red Oak Drive, property zoned R-1, Single Family Residential; and, WHEREAS, the Applicant proposes to plat the combined 7.48 acres of land, reconfiguring the two lots by removing 34,900 square feet from the Eastwood Road parcel (Lot 2) and adding the 34,900 square feet to the Red Oak Drive parcel (Lot 1); and, WHEREAS, the Planning Commission has reviewed the Applicant’s request for a major subdivision and has determined that the requested subdivision is in conformance with Chapters 1104, 1201, and 1202 of the Municipal Code; and WHEREAS, a park dedication fee of $________ may be imposed as a result of this subdivision in accordance with Section 1204.04, Subd. 4 of the Municipal Code. NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission recommends approval of the major subdivision of 8184 Eastwood Road and 8211 Red Oak Drive subject to satisfactory review of all title and survey documentation by the City Attorney. NOW, THEREFORE, BE IT FUTHER RESOLVED that the Applicant shall have 60 days from final approval to file proper documentation with Ramsey County and furnish proof of such recording to the City showing evidence of the recordation. If such action is not accomplished by the date so indicated, this minor subdivision approval shall be considered null and void. 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 25th day of July, 2007. __________________________________________ Gary Stevenson, Chairperson ATTEST: ______________________________________ James Ericson Community Development Director (SEAL) Item No: 6A Meeting Date: July 25, 2007 Type of Business: Discussion City of Mounds View Staff Report To: Mounds View Planning Commission From: Jim Ericson, Community Development Director Item Title/Subject: Review Potential Zoning Districts Therapeutic Massage Use Background: In response to what was then viewed as a deficiency to the City Code, the Council adopted Ordinance 583 on September 23, 1996 putting into place regulations and requirements relating to the licensure and operation of therapeutic massage businesses. Six years later, staff reviewed the issue of appropriate zoning locations with the City Council on November 4, 2002, after realizing that the enabling ordinance did not identify zoning districts within which such a business could be operated, or if the use would be permitted or require a conditional use. Because this was discussed at a worksession, there are no minutes to refer back to. Ultimately, no action was taken as a result of this review. Discussion: The reason staff is once again raising this issue for discussion is to resolve the omission made when the ordinance was first adopted to establish appropriate zoning districts within which licensed massage therapy businesses may operate. Over the years, the City has received many inquiries from individuals interested in opening a massage therapy business and from residents asking about massage therapy as a home occupation. It is however only recently that someone has decided to pursue such an enterprise and submit an application to the administration department. The leasing agent for Silver View Plaza contacted staff about a new massage therapy business who would like to locate in the mall and asked whether such a use would be permitted. The ONLY stipulation governing the location of such a business appears in the Massage Therapy City Code Section 514.10, Subd 2, which states the following: Zoning Compliance: A therapeutic massage enterprise may not be licensed if the location of such enterprise is not in conformance with Title 1100 of the Mounds View Municipal Code. Surprisingly, the Zoning Code is silent on such uses, and unfortunately there is no answer to adequately explain this rather obvious omission. Thus, staff seeks direction from the Planning Commission as to which zoning districts a therapeutic massage businesses could be allowed to operate, and whether these business be permitted or conditional. Massage Therapy Report July 25, 2007 Page 2 It is further interesting to note that the Planning Commission and City Council recently concluded a review of “Alternative Wellness” businesses and decided to include uses such as aromatherapy, acupuncture and hypnosis under the heading of “Health and Beauty.” Therapeutic massage businesses were explicitly excluded from the expanded definition of “Health and Beauty” as it was mistakenly assumed they were already addressed in the Zoning Code. (Ordinance 787 is attached for your reference.) Recommendation: Given that similar type uses are already permitted in the B2 zoning district (Health and Beauty, Medical, Dental, Chiropractor) staff feels Therapeutic Massage would such a district would be an appropriate use therein. With the extensive licensing provisions already in place in Chapter 514, requiring a conditional use permit is probably unnecessary. 1. The Planning Commission can make an interpretation of the Zoning Code and decide that therapeutic massage would fall under the heading of another listed use (such as “Health and Beauty” or “Medical and Dental Clinic,” both of which are permitted uses in the B2 district.) Code interpretations are permanently kept on file and are often incorporated into subsequent Code updates. 2. The Planning Commission can determine that the therapeutic massage business is sufficiently dissimilar from other listed uses and recommend a Code Amendment to add the use to an appropriate zoning district. The recommendation would be forwarded to the City Council for ordinance approval. _____________________________________ James Ericson Community Development Director Attachments: 1. Chapter 514 2. Ordinance 787 514.01 514.01 CHAPTER 514 THERAPEUTIC MASSAGE SECTION: 514.01: Findings 514.02: Definitions 514.03: License Required 514.04: Exemptions 514.05: General Rule 514.06: License Application 514.07: Application and Investigation Fees 514.08: Application Verification and Consideration 514.09: Persons Ineligible for License 514.10: Locations Ineligible for Therapeutic Massage Enterprise License 514.11: General License Restrictions 514.12: Restrictions Regarding Sanitation and Health 514.13: License Term: Renewals 514.14: Suspension: Revocation 514.15: Temporary Therapist License 514.16: Hours of Operation 514.17: Violations and Penalties 514.01: FINDINGS. It is found and determined that: a. Persons who have recognized and standardized training in therapeutic massage, health and hygiene provide a legitimate and necessary service to the general public; b. Health and sanitation regulations governing therapeutic massage enterprises and massage therapists will minimize the risk of the spread of communicable diseases and promote health and sanitation; c. License qualifications for therapeutic massage enterprises and massage therapists will minimize the risk that such businesses and persons may facilitate prostitution and other criminal activity in the city; and d. Massage services provided by persons without recognized and standardized training in massage can endanger citizens by facilitating the spread of communicable diseases, by exposing citizens to unhealthy and unsanitary conditions, and by increasing the risk of personal injury. 514.02 514.04 514.02: DEFINITIONS: The terms defined in this Section have the meanings given them. Subd. 1. "Clean" means the absence of dirt, grease, rubbish, garbage and other offensive, unsightly or extraneous matter. Subd. 2. "In good repair" means free of corrosion, breaks, cracks, chips, pitting, excessive wear and tear, leaks, obstructions and similar defects. Subd. 3. "Massage" means the rubbing, stroking, kneading, tapping or rolling of the body of another person with the hands for the purpose of physical fitness, health-care referral, relaxation and for no other purpose. Subd. 4. "Operate" means to own, manage or conduct, or to have control, charge or custody over. Subd. 5. "Therapeutic massage enterprise" means a place of business providing massage services to the public for consideration: the term does not include a hospital, sanitarium, rest home, nursing home, boarding home or other institution for the hospitalization or care of other human beings duly licensed under the provisions of Minnesota Statutes, sections 144.50 through 144.69. Subd. 6. "Therapeutic massage therapist" means a person who practices or administers massage to the public for consideration. Subd. 7. "In the City" means physical presence as well as telephone referrals such as phone-a-massage operations in which the business premises, although not physically located within the City, serves as a point of assignment of employees who respond to requests for services in the City. 514.03: LICENSE REQUIRED: Subd. 1. Therapeutic Massage Enterprise: It is unlawful to operate, offer, engage in or carry on massage services in the City without a therapeutic massage enterprise license. Subd. 2. Therapeutic massage therapist license: It is unlawful to practice, administer or provide massage services in the City without a therapeutic massage therapist license. 514.04: EXEMPTIONS: A therapeutic massage enterprise license or therapeutic massage therapist license is not required for the following persons and places: 514.04 514.06 a. Persons licensed by the state to practice medicine, surgery, osteopathy, chiropractic, physical therapy or podiatry, provided that the massage is administered in the regular course of the medical treatment not provided as part of a separate and distinct massage business; b. Persons licensed by the state as beauty culturists or barbers, provided the persons do not hold themselves out as giving massage treatments and provided that massage by beauty culturists is limited to the head, hand, neck and feet and the massage by barbers is limited to the head and neck; c. Persons working solely under the direction and control of a person duly licensed by the state to practice medicine, surgery, osteopathy, chiropractic, physical therapy or podiatry; d. Places licensed or operating as a hospital, nursing home, hospice, sanitarium or group home established for hospitalization or medical care; and e. Athletic coaches, directors and trainers employed by public or private schools. 514.05: GENERAL RULE: The owner or operator of a licensed therapeutic massage enterprise may employ only licensed therapeutic massage therapists to provide massage services. The owner or operator of a licensed therapeutic massage enterprise need not be licensed as a therapeutic massage therapist unless that owner or operator personally provides massage services. 514.06: LICENSE APPLICATION: Subd. 1. Therapeutic Massage Enterprise: The application for a therapeutic massage enterprise license must contain the following information: a. For all applicants: (1) Whether the applicant is an individual, corporation, partnership or other form of organization; (2) The legal description of the premises to be licensed together with a plan of the area showing dimensions, location of buildings, street access and parking facilities; (3) The floor number, street number and rooms where the massage services are to be conducted; (4) Whether all real estate and personal property taxes that are due and payable for the premises to be licensed have been paid, and if not, the years and amounts that are unpaid; 514.06 514.06 (5) If the application is for premises either planned or under construction or undergoing substantial alteration, the application must be accompanied by preliminary plans showing the design of the proposed premises; if the plans for design are on file with the building inspector, no plans need be submitted; (6) The name and street address of the business if it is to be conducted under a designation, name or style other than the name of the applicant, and a certified copy of the certificate required by Minnesota Statutes, section 333.02; (7) Other information that the City Council may require. b. For applicants who are individuals: (1) The name and date of birth and of the applicant and applicant's residence address; (2) If the applicant has ever used or been known by a name other than the applicant's name, and if so, the name or names and information concerning the dates and places where used; (3) Residence addresses of the applicant during five (5) years preceding the date of application; (4) The type, name and location of every business or occupation the applicant has been engaged in during the preceding five (5) years; (5) Names and addresses of the applicant's employers for the preceding five (5) years; (6) If the applicant has ever been convicted of a felony, crime or violation of an ordinance other than a minor traffic offense; if so, the applicant must furnish information as to the time, place and offense involved in the convictions; (7) If the applicant has ever been engaged in the operation of massage services; if so, the applicant must furnish information as to the name, place and length of time of the involvement in such activity. c. For applicants that are partnerships: (1) The names and addresses of general and limited partners and the information concerning each general partner described in subdivision 1b of this Section; (2) The managing partners must be designated, and the interest of each general and limited partner in the business must be disclosed; 514.06 514.06 (3) A true copy of the partnership agreement must be submitted with the application, and if the partnership is required to file a certificate as to a trade name under Minnesota Statutes, section 333.02, a certified copy of that certificate must be submitted. The license if issued will be in the name of the partnership. d. For applicants that are corporations: (1) The name of the organization, and if incorporated, the state of incorporation; (2) A true copy of the certificate of incorporation, and, if a foreign corporation, a certificate of authority as described in Minnesota Statutes, section 303.02; (3) The name of the general manager, corporate officers, proprietor, and other person in charge of the premises to be licensed, and the information about those persons described in subdivision lb; (4) A list of the persons who own or have a controlling interest in the corporation or organization or who are officers of the corporation or organization, together with their addresses and the information regarding such persons described in subdivision 1b of this Section. Subd. 2. Therapeutic massage therapist: An application for a therapeutic massage therapist license must contain the following information: a. The applicant's name and address; b. The applicant's current employer; c. The applicant's employers for the previous five (5) years, including employer's name, address and dates of employment; d. The applicant's residence address for the previous five (5) years; e. The applicant's social security number, date of birth, home telephone number, weight, height, color of eyes and color of hair; f. If the applicant has ever been convicted of a felony, crime or violation of an ordinance other than a minor traffic offense and, if so, the time, place and offense involved in the convictions; g. If the applicant has ever used or been known by a name other than the applicant's name, and if so, the name or names and information concerning dates and places where used; 514.06 514.08 h. Evidence that the applicant: (1) Has current insurance coverage over one million dollars ($1,000,000.00) for professional liability in the practice of massage; (2) Is affiliated with, employed by or owns a therapeutic massage enterprise licensed by the City; (3) Has completed four hundred (400) hours of certified therapeutic massage training from a recognized school that has been approved by the Clerk-Administrator; (4) Has one (1) year of experience practicing massage therapy as established by an affidavit and can document within two (2) years of obtaining the license that the person has completed four hundred (400) hours or certified therapeutic massage training from a recognized school; if such documentation cannot be established at the time of license renewal, the license will not be renewed and the person who received the license based upon experience may not receive a license in the future unless the person has the requisite certified hours. i. Other information that the City Council may require. 514.07: APPLICATION AND INVESTIGATION FEES: The fees for a massage enterprise and therapist licenses are set forth from time to time by City Council resolution. An investigation fee will be charged for therapeutic massage enterprise licenses. An application for either license must be accompanied by payment in full of the required license and investigation fees, if applicable. 514.08: APPLICATION VERIFICATION AND CONSIDERATION: Subd. 1. Therapeutic massage enterprise license: The Clerk-Administrator must verify the information supplied on the license application and investigate the background, including the criminal background, of the applicant to assure compliance with this Section. Within ninety (90) days of receipt of a complete application and fee for a therapeutic massage enterprise license, the Clerk-- Administrator must make a written recommendation to the City Council as to issuance or non- issuance of the license. The City Council may order additional investigation if it deems it necessary, but must grant or deny the application within one hundred twenty (120) days of receipt by the Clerk-Administrator of the complete application and required fees. Subd. 2. Therapeutic massage therapist license: Within ninety (90) days of receipt of a complete application and fee for a therapeutic massage therapist license, the Clerk-Administrator must grant or deny the application. Notice will be sent to the applicant upon a denial informing the applicant of the right to appeal to the City Council within twenty (20) days. If an appeal is properly made, the matter will be placed on the next available City Council agenda. 514.09 514.10 514.09: PERSONS INELIGIBLE FOR LICENSE: Subd. 1. Therapeutic Massage Enterprise License: A therapeutic massage enterprise license may not be issued to an individual who: a. Is a minor at the time the application is filed; b. Has been convicted of any crime directly related to the occupation licensed as prescribed by Minnesota Statutes, section 364.03, subdivision 2, and who has not shown competent evidence of sufficient rehabilitation and present fitness to perform the duties and responsibilities of a licensee as prescribed by Minnesota Statutes, section 364.03, subdivision 3; c. Is not of good moral character or repute; d. Is not the real party in interest of the enterprise; e. Has misrepresented or falsified information on the license application. Subd. 2. Therapeutic Massage Therapist License: A therapeutic massage therapist license may not be issued to a person who could not qualify for a therapeutic massage enterprise license or who is not (i) affiliated with, (ii) employed by or (iii) does not hold, a therapeutic massage enterprise license. 514.10: LOCATIONS INELIGIBLE FOR THERAPEUTIC MASSAGE ENTERPRISE LICENSE: Subd. 1. A therapeutic massage enterprise may not be licensed if the enterprise is located on property on which taxes, assessments or other financial claims to the state, county, school district or City are due and delinquent. In the event a suit has been commenced under Minnesota Statutes, sections 278.01-278.13, questioning the amount or validity of taxes, the City Council may on application waive strict compliance with this provision; no waiver may be granted, however, for taxes or any portion thereof, which remain unpaid for a period exceeding one (1) year after becoming due. Subd. 2. Zoning Compliance: A therapeutic massage enterprise may not be licensed if the location of such enterprise is not in conformance with Title 1100 of the Mounds View Municipal Code. 514.11 514.12 514.11: GENERAL LICENSE RESTRICTIONS: Subd. 1. Posting: A therapeutic massage enterprise license issued must be posted in a conspicuous place on the premises for which it is used. A person licensed as a therapeutic massage therapist must have in possession a copy of the license when therapeutic massage services are being rendered. Subd. 2. Area: A therapeutic massage enterprise license is effective only for the compact and contiguous space specified in the approved license application. If the licensed premises is enlarged, altered or extended, the licensee must inform the Clerk-Administrator. A licensed therapeutic massage therapist may perform on-site massage at a business, public gathering, private home. or other site not on the therapeutic massage enterprise premises. Subd. 3. Transfer: The license issued is for the person or the premises named on the approved license application. Transfer of a license from place to place or from person to person is not permitted. Subd. 4. Coverings: The therapist must require that the person who is receiving the massage will at all times have that person's breasts, buttocks, anus and genitals covered with nontransparent material or clothing. A therapist performing massage must have the therapist's breasts, buttocks, anus and genitals covered with a non-transparent material or clothing. Subd. 5. Prohibited Massage: A therapist may not intentionally massage or offer to massage the penis, scrotum, mons veneris, vulva or vaginal area of a person. 514.12: RESTRICTIONS REGARDING SANITATION AND HEALTH: Subd. 1. A therapeutic massage enterprise must be equipped with adequate and conveniently located toilet rooms for the accommodation of its employees and patrons. The toilet room must be well ventilated by natural or mechanical methods and be enclosed with a door. The toilet room must be kept clean and in good repair and be fully and adequately illuminated. Subd. 2. A therapeutic massage enterprise must provide single-service disposal paper or clean linens to cover the table, chair, furniture or area on which the patron receives the massage. If the table, chair or furniture on which a patron receives the massage is made of material impervious to moisture, such table, chair or furniture must be sanitized after each massage. Subd. 3. The therapeutic massage therapist must wash the therapist's hands and arms with water and soap, anti-bacterial scrubs, alcohol or other disinfectants prior to and following each massage service performed. Subd. 4. Massage tables, chairs or furniture on which the patron receives the massage must have surfaces that can be readily disinfected after each massage. 514.12 514.15 Subd. 5. Rooms in a therapeutic massage enterprise must be fully and adequately illuminated. Subd. 6. A therapeutic massage enterprise must have a janitor's closet that provides for the storage of cleaning supplies. Subd. 7. Therapeutic massage enterprises must provide adequate refuse receptacles that must be emptied as required by this code. Subd. 8. Therapeutic massage enterprises must be maintained in good repair and sanitary condition. Subd. 9. Therapeutic massage enterprises must comply with the requirements of the Minnesota Indoor Clean Air Act. Subd. 10. A therapeutic massage enterprise must take reasonable steps to prevent the spread of infections and communicable diseases on the licensed premises. Subd. 11. Massage therapists must wear clean clothing when performing massage services. 514.13: LICENSE TERM; RENEWALS: Licenses expire annually on December 31. The license fee will be prorated in thirty (30) day increments for licenses issued after June 30. The Clerk-Administrator must prepare an application form for the renewal of a license requiring information that the manager determines necessary for consideration of the renewal. The renewal application must be made no later than November 30. 514.14: SUSPENSION; REVOCATION: A license granted under this Section may be suspended or revoked by the City Council by resolution upon notice and public hearing for any violation of this Chapter, a conviction of any crime or misdemeanor or any fraud, misrepresentations or incorrect statement in the license application or in the course of operating or conducting business. 514.15: TEMPORARY THERAPIST LICENSE: Subd. 1. The Clerk-Administrator may issue a temporary therapeutic massage therapist license as provided in this subsection. Subd. 2. A temporary massage therapist license may be issued to a person who: a. Is qualified to hold a massage therapist license under this Section; b. Has completed the required application and paid the license fee at least seven (7) days prior to the effective date of the license. 514.15 514.17 Subd. 3. A temporary license is effective for four (4) consecutive days. A person may not be issued more than three (3) temporary licenses in any period of three hundred sixty (360) consecutive days. Subd. 4. All other provisions of this Section apply to temporary licenses. 514.16: HOURS OF OPERATION: A licensed therapeutic massage enterprise may not operate for business between the hours of nine o’clock (9:00) p.m. and seven o’clock (7:00) a.m. 514.17: VIOLATIONS AND PENALTIES: Any person who violates any provision of this Chapter is guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided in Section 104.01 of this Code. (Ord. 583, 9-23-96) PROCEEDINGS OF THE MOUNDS VIEW PLANNING COMMISSION CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting June 20, 2007 Mounds View City Hall 2401 Highway 10, Mounds View, MN 55112 1. Call to Order Chair Stevenson called the meeting to order at 7:00 p.m. June 20, 2007. 2. Roll Call Members Present: Chair Stevenson, Commissioners Cramblit, Gunn, Lang, Meehlhause, Miller, and Walsh-Kaczmarek Absent and Excused: None Also Present: Community Development Director Ericson and Planning Associate Heller Index to Minutes Page Planning Case IU2006-002: Request for an Extension of approval of an 2 Interim Use Permit for a Billboard location at 5201 Program Avenue. Housing Replacement Program Guidelines and Criteria 2 3. Approve Minutes A. May 2, 2007 MOTION/SECOND: Commissioner Gunn/Commissioner Miller to approve the April 18, 2007 meeting minutes of the regular Planning Commission meeting as slightly amended. Ayes – 7 Nays – 0 Motion carried. 4. Citizens Requests and Comments on Items Not on the Agenda None DRAFT Mounds View Planning Commission June 20, 2007 Regular Meeting Page 2 ________________________________________________________________________ 5. Planning Cases A. Planning Case IU2006-002: Request for an Extension of approval of an Interim Use Permit for a Billboard location at 5201 Program Avenue. Community Development Director Ericson stated that before the Planning Commission is a second look at the interim use permit and variance for a billboard at 5201 Program Avenue which was approved by the Planning Commission and City Council in July 2006. Director Ericson reported a stipulation that the construction conclude by July 4, 2007 could not be met. He explained that Clear Channel Outdoor reported delays are due to tree clearance issues by MnDOT and the rights to take down trees causing visibility issues. He reported Clear Channel has submitted a request for an extension and Staff feels the delays are justifiable. Director Ericson stated staff recommends approval of the resolution to extend the date from July 4, 2007 to September 30, 2007. Commissioner Gunn questioned the purpose of the last paragraph in the resolution referring to the statement “prior to the approval of minutes.” Director Ericson explained the statement is a standard clause in every resolution adopted by the Planning Commission. He stated that often times a month lag time exists between the adoption of the resolution and the time the minutes are approved. He stated this provides direction to staff to get the resolution to the City Council without having to wait until the Council minutes are approved. Commissioner Miller asked if this would give the applicant enough time to take care of the problems they are confronting. Director Ericson replied Clear Channel had requested an extension to the end of August; however, staff added an additional month. MOTION/SECOND: Commissioner Lang/Commissioner Meehlhause to approve Resolution No. 868-07; a Resolution approving an extension of an Interim Use Permit (IMP) and a Variance for a billboard to be located at 5201 Program Avenue, Planning Cases IU2006-002 and VR2006-005. Ayes – 7 Nays – 0 Motion carried. 6. Other Planning Activity A. Housing Replacement Program Guidelines and Criteria. Director Ericson presented the Housing Replacement Program guidelines and criteria updates based on the suggestions and comments received from the Planning Commission on June 6, 2007. Mounds View Planning Commission June 20, 2007 Regular Meeting Page 3 ________________________________________________________________________ irector Ericson summarized that the purpose of the Housing Replacement Program is to encourage the elimination of blighted property and replace it with higher value construction. He explained the program was created by the City in 1995 to provide an opportunity for the owner to the . is is am. irector Ericson replied it is a judgment call; therefore, language would be hard to come up with irector Ericson replied the Housing Resource Center would manage the loan. ommissioner Gunn pointed out that section J-1 references inspection of the interior of the house stated. ommissioner Miller pointed out section G mentions both interior and exterior inspections. irector Ericson noted he would standardize the reference to inspections. ommissioner Gunn inquired as to the meaning of the waiver of relocation benefits referred to in nder certain situations. ommissioner Miller asked if staff received comments from the residents since the work has D sell the property to the City if the house met the eligibility requirements. He reported that focus up to this point had been on the acquisition of the property. He stated City Council found that, after reviewing an application for demolition assistance, no criteria or standards existed for demolition. He stated the City Council also agreed that demolition assistance should be the primary focus of the program, as the City did not want to be in the market of acquiring properties Commissioner Miller asked if this document would go to the City Council for review and approval. Director Ericson replied it would go back to the Economic Development Authority since th their progr Commissioner Walsh-Kaczmarek asked if guidance on garage aesthetics should be stated. D to clarify the aesthetics. He commented he tried to not be too specific or add restrictions. Councilmember Gunn questioned who managed the program funding. D C only to determine blight qualifications and suggested both interior and exterior be Director Ericson replied he agreed it should be both. C D C item J-4b. Director Ericson explained Minnesota State Statutes require the acquiring entity provide relocation assistance u Discussion ensued. C begun on the document. Mounds View Planning Commission June 20, 2007 Regular Meeting Page 4 ________________________________________________________________________ nformation from the Housing Resource Center. Commissioner Meehlhause recommended striking the last line relating to garages. iscussion ensued. OTION/SECOND: Commissioner Gunn/Commissioner Walsh-Kaczmarek, to approve recommending the approval of changes to the Housing eplacement Program Guidelines and Building Standards as amended. Ayes – 7 Nays – 0 Motion carried. Director Ericson replied there had not been any comments and explained that property owners could request additional i Consensus was reached to delete it. D M Resolution No. 869-07, a Resolution R 7. Next Planning Commission Meetings: A. July 11, 2007 (July & August Date Changes – 2nd & 4 weeks) B. July 25, 2007 th 8. There being no further business before the Planning Commission, Chair Stevenson adjourned the meeting at 7:45 p.m. ommunity Development Director ranscribed by: Adjournment to Agenda Session Respectfully submitted, Jim Ericson C T Dianna Wise