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HomeMy WebLinkAbout09-19-2007 MOUNDS VIEW PLANNING COMMISSION REGULAR MEETING AGENDA September 19, 2007 -- 7:00 P.M. 1. Call to Order 2. Roll Call 3. Approval of Minutes: A. August 22, 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. VR2007-002: Consideration of a Variance for a Reduced Driveway Setback Applicant: Cory Mathiowetz Address: 2925 County Road H2 6. Other Planning Activity A. Comp Plan 2008 Update 7. Next Planning Commission Meetings: A. October 3, 2007 B. October 17, 2007 8. Adjourn to Agenda Session Agenda Session 1. Review Minutes: a. September 5, 2007 2. Staff Reports a. Upcoming Planning Cases 3. Chairperson and Planning Commissioners’ Reports 4. Meeting Conclusion Item No: 5A Meeting Date: September 19, 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 Variance Request to allow for a 2 foot Driveway Setback at 2925 County Road H2; Planning Case VR2007-002 Introduction: The applicant, Cory Mathiowetz, is requesting a variance to permit a driveway with a two foot setback from the property line. The applicant currently has a very narrow, 8.5 foot wide, dirt driveway about two feet off the property line, that has been in place probably since the house was built in 1940. In October 2006, a conditional use permit was approved for Mr. Mathiowetz to construct a new oversize garage. The new garage has been built, and the applicant would now like to replace the dirt driveway with a 13.5 foot wide concrete driveway. The house is setback 18.5 feet from the east side property line. In 2002, County Road H2 was reconstructed and concrete curbing was installed. The contractor placed each driveway curb cut in line with the existing driveways. The curb cut for this property was placed against the east property line, possibly due to the location of a stormwater drain on the west side of the driveway. The applicant would like the driveway to be fairly straight in from the street rather than having it immediately jog over five feet. The Public Works staff has said that the applicant could expand the curb cut slightly on the west side in order to keep the driveway off of the property line, but due to the stormwater drain, the expansion area is limited. The east neighbor’s property ranges from approximately two to six feet higher than the applicant’s lot, and the grade changes immediately at the property line, which causes much of the neighbor’s stormwater to drain onto Mr. Mathiowetz’s property. Because of this, the applicant would like to put a 3 foot wide rock/drain tile strip between the house and new driveway, rather than having the driveway right next to the house and allowing water to run against the foundation. Due to the existing curb cut being on the property line and limited ability to expand it, the location of the house on the lot, and the much higher neighboring property, the applicant is requesting to place the driveway two feet from the east property line. City Code requires that all driveways be at least five feet from the property line. Discussion: As with any variance application, for the Planning Commission to act favorably, there must be a demonstrated hardship or practical difficulty associated with the property that makes a literal interpretation of the Code overly burdensome or restrictive to a property owner. State statutes require that the governing body review a set of specified criteria for each application and make its decision in accordance with these criteria. These criteria are set forth in Section 1125.02, Subdivision 2, of the City Code. The Code clearly states that a hardship exists when all of the criteria are met. A written statement was included with the application. The individual criteria, with responses, are as follows: 2925 County Road H2 Variance Page 2 a. Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity and result from lot size or shape, topography or other circumstances over which the owners of the property since the effective date hereof have had no control. The extraordinary circumstances which apply to this property are that the house was placed close to the east property line which limits the amount of room available for a driveway next to the house, the curb cut is located on the property line with limited ability to expand to the west; and; drainage on the property runs east to west and the applicant does not want the driveway directly adjacent to the house where water would run up against the foundation. b. The literal interpretation of the provisions of this Title would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Title. The literal interpretation would not deprive the applicant of rights commonly enjoyed by others in the district, as most other property owners are able to have at least a decent one car wide driveway and the curb cut lining up with the driveway. c. That the special conditions or circumstances do not result from the actions of the applicant. The applicant is not responsible for the conditions which have prompted him to apply for a variance. Mr. Mathiowetz has only owned the property since 2006 and the house, driveway and curb cut were in place prior to the applicant buying the property. d. That granting the variance requested will not confer on the applicant any special privilege that is denied by this Title to owners of other lands, structures or buildings in the same district. Granting this variance would not confer upon the applicant a special privilege in that other property owners are able to have decent width driveways which line up with their curb cut. e. That the variance requested is the minimum variance which would alleviate the hardship. Economic conditions alone shall not be considered a hardship. The variance requested is the minimum that would be necessary in order to line the driveway up with the existing curb cut. f. The variance would not be materially detrimental to the purpose of this Title or to other property in the same zone. Given the circumstances, granting the variance request may not be materially detrimental to the purpose of this Title. 2925 County Road H2 Variance Page 3 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 driveway will not impair an adequate supply of light or air to the adjoining properties. Public Hearing: As with any requested variance, this request necessitated a public hearing. Notices were mailed to all property owners within 350 feet of the applicant’s property. Staff received one telephone call from a neighbor who asked some questions, but has not received any comments on this request. Recommendation: After holding the public hearing and taking testimony from staff, the applicant and affected neighbors, the Commission may take one of the following actions related to the request: 1. Approve the variance as requested. Resolution 874-07 is attached for action if the Commission so chooses. 2. Deny the requested variance. The Commission should direct staff to draft a resolution of denial with findings 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. Application 2. Statement from Applicant, Cory Mathiowetz 3. Proposed Site Plan 4. Zoning Map 5. Aerial Photo 6. Photographic Documentation 7. Resolution 874-07 Statement from Applicant ZONING MAP ZONING MAP N * Properties not indicated with a designation are zoned R-1, Single Family Residential Aerial View New garage - now has correct 5’ side setback Existing curb cut and driveway House Stormwater drain Old garage which was on property line – now removed Photographic Documentation These shrubs are on the neighbor’s property Stormwater drain Photographic Documentation Neighbor’s garage – approximately 5 feet higher than applicant’s property MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 874-07 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A VARIANCE FOR A TWO-FOOT DRIVEWAY SETBACK AT 2925 COUNTY ROAD H2; MOUNDS VIEW PLANNING CASE VR2007-002 WHEREAS, the applicant, Cory Mathiowetz, has applied for a variance to allow for a driveway with a two-foot setback from the property line of his property located at 2925 County Road H2; and, WHEREAS, 2925 County Road H2 is zoned R-1, Single Family Residential, and is legally described as follows: Spring Lake Park Knolls, Ramsey County, Minnesota, Lot 92 WHEREAS, the Mounds View Planning Commission has reviewed the following documents regarding this proposal: 1. Planning Application 2. Statement from applicant 3. Proposed Site Plan 4. Zoning Map 5. Aerial View 6. Photographic Documentation 7. Staff Report WHEREAS, the purpose of the variance provision in the Zoning Code is to give relief to property owners when the strict enforcement of the zoning code requirements imposes a hardship thereby restricting the improvement of property due to practical difficulties brought about by unique or extraordinary features of the physical property that are beyond the property owner’s control; and, WHEREAS, the Planning Commission held a duly-noticed public hearing regarding this request on September 19, 2007; and, WHEREAS, according to Section 1125.02, Subdivision 2 of the Mounds View Municipal Code, the Planning Commission is to review a standard set of criteria, of which all must be satisfied, in order to grant a variance to the Zoning Code. NOW, THEREFORE, BE IT RESOLVED, the Mounds View Planning Commission finds that the criteria as identified in Section 1125.02, Subdivision 2 of the Mounds View Municipal Code are satisfied and finds there to be sufficient hardship with regard to the property located at 2925 County Road H2, and makes the following findings of fact related to its decision: Res. 874-07 Page 2 1. Circumstances apply to this property in that the house is located close to the east property line, a driveway was located within two feet of the property line, and the curb cut was placed on the property line, prior to the applicant purchasing the property. 2. The literal interpretation of the provisions of the Zoning Code would limit the applicant’s ability to have a normal one car wide driveway, or a driveway that does not line up correctly with the existing curb cut. 3. The applicant did not cause the placement of the house on the lot, the location of the driveway, or the location of the curb cut, and intends only to improve the substandard dirt surface. 4. Granting this variance would not confer upon the applicant a special privilege in that the house placement, driveway and curb cut locations are pre-existing conditions. 5. The two (2) foot variance is the minimum variance required to alleviate the applicants’ hardship. 6. Granting a variance to allow for a driveway with a two foot setback would not be detrimental to the purpose of the Zoning Code in that the driveway is a pre-existing condition and is causing no adverse impacts. 7. Granting the variance would not impair an adequate supply of light or air to the adjoining property. NOW, THEREFORE, BE IT FINALLY RESOLVED, the Mounds View Planning Commission, based upon the above findings, approves the variance request of Cory Mathiowetz, 2925 County Road H2, to allow for a driveway with a two-foot setback from the east property line. Adopted this 19th day of September, 2007. _____________________________________ Gary Stevenson, Chairperson ATTEST: _____________________________________ Jim Ericson, Community Development Director (SEAL) Item No: 6A Meeting Date: September 19, 2007 Type of Business: Discussion City of Mounds View Staff Report To: Mounds View Planning Commission From: Heidi Heller, Planning Associate Item Title/Subject: Comp Plan 2008 Update We will be discussing the Future Land Use map at this meeting. There may be parcels where the Planning Commission feels that the future land use designation should be changed from its current designation. For example: Two of our manufactured home parks are currently designated as Single Family Attached (SFA) for the future land use, but maybe it should be changed to stay a manufactured home neighborhood in order for these areas to remain affordable housing. There are also several redevelopment opportunities right now in the city, and the Planning Commission should look at the land use map in order to prepare for potential changes. I have included Chapter 3 showing the changes that the Commission recommended (changes shown in red). I did not include the pages with maps or sections with no changes. Please bring your color copies of the Future Land Use and Zoning Maps to the meeting. Sincerely, Heidi Heller Planning Associate