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HomeMy WebLinkAbout02-16-2005 MOUNDS VIEW PLANNING COMMISSION February 16, 2005 -- 7:00 P.M. REGULAR MEETING AGENDA 1. Call to Order 2. Roll Call 3. Approve Minutes: January 5, 2005 and January 19, 2005 4. Citizens Requests and Comments Relating to Planning and Zoning Issues Not Already Present on the Agenda CITIZENS: BEFORE SPEAKING, PLEASE COME TO THE PODIUM, AND GIVE YOUR FULL NAME AND ADDRESS FOR THE MINUTES 5. Planning Case VR05-002 Consideration of a Variance for a Reduced Number of Required Covered Parking Spaces at Greenfield Estates Located at 7635 Greenfield Avenue 6. Planning Case MI05-001 Consideration of a Lot Line Adjustment (Minor Subdivision) Request between 3008 and 3016 County Road J 7. Planning Case MI05-002 Consideration of a Re-approval of a Minor Subdivision at 7630 Woodlawn Avenue and 7618 Edgewood Drive 8. Review of Planning Commission Applications APPLICANTS: YOUR ATTENDANCE AT THIS MEETING IS REQUESTED. PLEASE NOTIFY THE COMMUNITY DEVELOPMENT DEPARTMENT AT 763-717-4020 IF YOU ARE UNABLE TO ATTEND. 9. Next Planning Commission Meeting: March 2, 2005 10. Adjourn to Agenda Session AGENDA SESSION 1. Review Minutes: None 2. Staff Reports A. Update on County Road 10 Corridor Improvement Program 3. Chairperson and Planning Commissioners’ Reports Item No: 5 Meeting Date: February 16, 2005 Type of Business: Public Hearing City of Mounds View Staff Report To: Mounds View Planning Commission From: Kristin Prososki, Planning Associate Item Title/Subject: Public Hearing and Consideration of a Variance to Allow for a Reduced Number of Covered Parking Spaces at Greenfield Estates Located at 2370 County Road I and 7521-7661 Greenfield Avenue; Planning Case VR2005- 002 Introduction: The applicant, Alan Menning, representing The Tycon Companies, is proposing to demolish the existing garages and construct new garages at Greenfield Estates located at 2370 County Road I and 7521 – 7661 Greenfield Avenue. The proposal includes demolishing the existing 126 individually divided garage stalls and constructing 78 new garage stalls in a drive through style. The Zoning Code requires one covered parking space per unit. Greenfield Estates has 125 units and would be required to have 125 covered parking spaces. The applicant is requesting a variance from this requirement that would allow them to have 78 covered parking spaces, which is 47 less than the required amount. Discussion: Parking requirements are addressed in Section 1121.13 of the Zoning Code. The Code requires that multiple-family dwellings provide one and one half uncovered parking spaces and one covered space per unit. Greenfield Estates has a total of 125 units. The applicant is requesting to be allowed to reduce the number of covered parking spaces to 78 and provide 247 uncovered parking spaces. The table below shows the existing and proposed number of parking stalls, as well as the code requirements. Code Requirement Existing Parking Proposed Parking Covered Parking 125 126 78 Uncovered Parking 188 160 247 Total 313 286 325 The existing parking is currently non-conforming, as it provides a total of 286 parking spaces, which is 27 spaces short of the 313 required spaces. The proposed parking would provide 12 more spaces than the total number of required spaces, however it would provide 47 spaces less than the requirement for covered parking. Greenfield Estates Variance Report February 16, 2005 Page 2 In a letter addressed to the City (see attached), the applicant, Mr. Menning, explained the hardship that Greenfield Estates is experiencing. The existing garages have had three fires in the past few years due to juveniles breaking into the garages. The garages are appealing for this type of activity because half of them are vacant and not visible to the rest of the property. Staff agrees that the current garages are somewhat unsafe, as the back side of the garages are not well lit. As Mr. Menning explains in the letter, because of the configuration of the existing garages, the resident using the garage must step out of their vehicle, open the door, drive into the garage, then close the garage door once they exit. The proposed garages would be fully enclosed with only two vehicle entrances. Each resident with a garage stall would have an electronic device to open and close the doors. When a resident drives up to the garage, they can open the door without leaving their car and the door will close behind them. The resident can then exit the garage through a side door (facing the apartment buildings). The applicant is also proposing to add other safety features, such as additional lighting for the proposed garages and a non-climbable fence that will deter juveniles from using the adjacent natural area as a hangout. The other consideration is that the garages have a very high vacancy rate. The applicant provided information regarding the percentage of garages rented over the last seven years. (See attached information sheet.) On average over the last seven years, only 58% of the garages have been rented. As communicated to the applicant, the decision made by the Planning Commission for this request would only be approving or denying this variance and would not constitute an approval or denial of other site plan modifications (such as rearranging parking, adding a fence, etc.) Any other modifications done to the property would need to meet code requirements and would require a permit. 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: 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 surrounding this property are that existing garages are poorly configured and are somewhat unsafe for residents. The applicant does not have control over the actions of others, but is trying to improve the situation to deter similar activities from occurring in the future. Greenfield Estates Variance Report February 16, 2005 Page 3 b. The literal interpretation of the provisions of this Title would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Title. 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 limit their ability to improve the safety and functionality of the property. c. That the special conditions or circumstances do not result from the actions of the applicant. The circumstances do not result from the actions of the applicant. d. That granting the variance requested would not confer on the applicant any special privilege that is denied by this Title to owners of other lands, structures or buildings in the same district. Granting the variance would not confer upon the property owner a special privilege in that every property owner has the right to apply for a variance to improve the function and viability of their property. e. That the variance requested is the minimum variance which would alleviate the hardship. Economic conditions alone shall not be considered a hardship. The applicant feels this is the minimum variance to alleviate the hardship, as it allows for an adequate number of garages based on their past garage rental statistics and allows them to create more uncovered parking than currently provided. f. 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 reduce the number of covered parking spaces would not be materially detrimental to the purpose of the Code. There have been no objections raised up to this point from any of the adjoining property owners. g. The proposed variance will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets or increase the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood. The requested variance would not result in any of the above-cited adverse effects. Public Comment: Staff has not received any comments or feedback from residents. Greenfield Estates Variance Report February 16, 2005 Page 4 Recommendation: After holding the public hearing and taking testimony from staff, the applicant and affected neighbors, the Commission can take one of the following actions related to the request: 1. Approve the variance as requested. Resolution 784-05 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 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. Because of 60-day requirements, the Commission would need to act upon the request as soon as reasonably possible to avoid an inadvertent approval. Respectfully submitted, Kristin Prososki Planning Associate Attachments: 1. Application 2. Letter from Applicant 3. Zoning Map 4. Location Map 5. Garage Rental Statistics 6. Photographic Documentation 7. Resolution 784-05 8. Existing Site Plan (Separate Attachment) 9. Proposed Site Plan (Separate Attachement) Greenfield Estates Variance Report February 16, 2005 Page 5 Greenfield Estates Variance Report February 16, 2005 Page 6 Greenfield Estates Variance Report February 16, 2005 Page 7 Greenfield Estates Variance Report February 16, 2005 Page 8 Greenfield Estates Variance Report February 16, 2005 Page 9 Greenfield Estates Variance Report February 16, 2005 Page 10 Greenfield Estates Variance Report February 16, 2005 Page 11 Photographic Documentation Photograph of Existing Garages Back Side of Existing Garages Greenfield Estates Variance Report February 16, 2005 Page 12 MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 784-05 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A VARIANCE TO ALLOW FOR A REDUCED NUMBER OF COVERED PARKING SPACES AT GREENFIELD ESTATES LOCATED AT 2370 COUNTY ROAD I AND 7521-7661 GREENFIELD AVENUE; MOUNDS VIEW PLANNING CASE VR2005-002 WHEREAS, the applicant, The Tycon Companies, has applied for a variance for a reduced number of covered parking spaces at Greenfield Estates located at 2370 County Road I and 7521- 7661 Greenfield Avenue; and, WHEREAS, 2370 County Road I and 7521-7661 Greenfield Avenue are zoned R-4, High Density Residential, and are legally described as: Except the East 99.41 feet of Lot 2, All of Lot 1, Block 1 Nordling Terrace, Ramsey County, Minnesota Lots 14 and 15, Block 1 Nordling Terrace, Ramsey County, Minnesota Lots 16 and 17, Block 1 Nordling Terrace, Ramsey County, Minnesota Lots 18 and 19, Block 1 Nordling Terrace, Ramsey County, Minnesota WHEREAS, Section 1121.13 of the Mounds View Zoning Code indicates that multiple family properties must provide one covered parking space per unit; and, WHEREAS, the applicant is requesting a variance to provide 78 covered parking stalls for an apartment complex with 125 units; and, Greenfield Estates Variance Report February 16, 2005 Page 13 WHEREAS, the Mounds View Planning Commission has reviewed the following documents regarding this proposal: 1. Planning Application 2. Zoning Map 3. Location Map 4. Site Plan 5. Photographic Documentation 6. Staff Report WHEREAS, the purpose of the variance provision in the Zoning Code is to give relief to property owners when the strict enforcement of the zoning code requirements imposes a hardship thereby restricting the improvement of property due to practical difficulties brought about by unique or extraordinary features of the physical property that are beyond the property owner’s control; and, WHEREAS, a public hearing was held Wednesday, February 16, 2005, with regard to this variance request; and, WHEREAS, according to Section 1125.02, Subdivision 2 of the Mounds View Municipal Code, the Planning Commission is to review a standard set of criteria, 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 hereby makes the following findings of fact related to this request: 1. The property is zoned R-4, High Density Residential. 2. The extraordinary circumstances surrounding this property are that existing garages are poorly configured and are somewhat unsafe for residents. 3. Denying the request would limit the property owner’s ability to improve the safety and functionality of the property. 4. The special conditions or circumstances necessitating the variance request do not result from the actions of the applicant. 5. 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 visibility of their property. 6. Permitting the property to have 78 covered parking spaces is the minimum variance, as it allows for an adequate number of garages based on past garage rental statistics and allows them to create more uncovered parking than currently provided. 7. Granting a variance to reduce the number of covered parking spaces would not be materially detrimental to the purpose of the Code. There have been no objections raised up to this point from any of the adjoining property owners. Greenfield Estates Variance Report February 16, 2005 Page 14 8. The proposed variance would not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets or increase the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood. NOW, THEREFORE, BE IT FURTHER RESOLVED that the Mounds View Planning Commission, based upon the above identified finding of facts, does hereby approve the variance request to reduce the number of covered parking spaces to 78, at Greenfield Estates located at 2370 County Road I and 7521-7661 Greenfield Avenue. Adopted this 16th day of February, 2005. __________________________________________ Gary Stevenson, Chairperson ATTEST: __________________________________________ Jim Ericson, Community Development Director (SEAL) Item No: 6 Meeting Date: February 16, 2005 Type of Business: Commission Business City of Mounds View Staff Report To: Mounds View Planning Commission From: Kristin Prososki, Planning Associate Item Title/Subject: Consideration of a Lot Line Adjustment (Minor Subdivision) Between 3008 and 3016 County Road J; Planning Case MI2005-001 Introduction: Joseph Holmberg, property owner of 3008 County Road J, has applied for a lot line adjustment (Minor Subdivision) for the west property line shared with 3016 County Road J. The driveway leading to the home located at 3008 County Road J was once a shared driveway between 3008 and 3024 County Road J. 3024 County Road J was subdivided at some point and the lot at 3016 County Road J was created. 3016 County Road J is currently a vacant lot. The majority of the driveway for 3008 County Road J is located across the west property line on 3016 County Road J. The owner of 3016 County Road J has agreed to sell Mr. Holmberg a 15 foot wide section of land that is 155 feet long. The driveway would then be located on 3008 County Road J. (See attached survey.) The applicant is requesting the lot line adjustment to make the driveway meet the required setbacks in order t o sell the property. Discussion: According to the Mounds View City Code, a minor subdivision is a division of land less than two acres in area in which only one additional lot is created. The definition also includes lot line adjustments, even though no new lots (such as with this request) will be created by the adjustment. Minor subdivisions do not require a public hearing and in contrast to a major subdivision, a certificate of survey rather than a plat is all that is needed to record the change with Ramsey County. Both lots are zoned R-1, Single Family residential and the minimum lot size for an interior lot (which both properties are) is 11,000 square feet. The Comprehensive Plan designates this area for low density residential. The parcel located at 3008 County Road J is currently 27,335 square feet. The proposed lot line adjustment would add an additional 2,325 feet to the property, bringing it to 29,660 square feet. The adjoining property, owned by Gary Meyer, is currently 25,470 square feet and would be decreased to 23,145 square feet, more than double of the minimum requirement for an interior lot. After the adjustment, the shared lot line would be shifted 15 feet closer to 3016 County Road J for the north 155 feet of the property line and will remain the same for the south 81 feet of the shared property line. (See attached survey.) The Zoning Code requires that interior lots have a minimum o f 75 feet of street frontage. 3008 County Road J currently has 116 feet of frontage and if the lot line adjustment is approved as presented, the property will have a frontage of 131 feet. 3016 County Road J currently has a frontage of 108 feet and which would be reduced to 93 feet, if subdivided. Both lots meet the minimum frontage and square footage requirements for interior lots. 3008/3016 County Road J Minor Subdivision February 16, 2005 Page 2 Conforming Driveway Section 1104.01, Subdivision 4(b) of the Zoning Code states that driveways must be located at least five (5) feet from the property line. As proposed, the lot line adjustment would cause the majority of the driveway to be located on the property that it serves, however, the driveway would not meet the five (5) foot setback and would actually still be across the shared lot line in one place. Staff is recommending that the City require the applicant to bring the driveway into conformance no later than May 1, 2005. Because the applicant is planning to sell the home soon, Staff would also recommend that the City require money to be placed in escrow to ensure that the driveway is made compliant. If the property is sold prior to the driveway being made compliant, it may be more difficult to get the future property owner to follow through with that stipulation. Because the driveway is dirt, bringing it into compliance would basically mean planting grass in the setback area. Park Dedication Requirements Every subdivision of land is ordinarily subject to park dedication requirements, however, the City Council adopted Ordinance 745 in 2004, which provided for some flexibility in determining what—if any—dedication would be required. Because no new lots are created by this subdivision and no additional development would occur, Staff recommends that no park dedication fee be required. Easements Usually with every subdivision of land, the City requires that drainage and utility easements be dedicated around the perimeter of the lot. Given that both of these lots are pre-existing and that just one of the lot lines is being adjusted, dedication of easements will not be required. Public Notice. Public notice is not required for this request. Given that no new development will occur, a public hearing or public notice was not warranted. Recommendation: Staff recommends that the Commission approve Resolution 785-05, a resolution recommending approval of a lot line adjustment (minor subdivision) between 3008 and 3016 County Road J, with conditions. Respectfully submitted, Kristin Prososki Planning Associate Attachments: 1. Planning Application 2. Zoning Map 3. Photographic Documentation 4. Resolution 785-05 5. Certificate of Survey (Separate Attachment) 3008/3016 County Road J Minor Subdivision February 16, 2005 Page 3 3008/3016 County Road J Minor Subdivision February 16, 2005 Page 4 3008/3016 County Road J Minor Subdivision February 16, 2005 Page 5 3008/3016 County Road J Minor Subdivision February 16, 2005 Page 6 Photographic Documentation Photograph of Area Involved in Lot Adjustment 3008/3016 County Road J Minor Subdivision February 16, 2005 Page 7 MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 785-05 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF A LOT LINE ADJUSTMENT (MINOR SUBDIVISION) BETWEEN 3008 and 3016 County Road J; PLANNING CASE MI2005-001 WHEREAS, Applicant Joseph Holmberg has requested approval of a lot line adjustment (minor subdivision) between 3008 and 3016 County Road J, property zoned R- 1, Single Family Residential, legally-described as follows: The West 116 Feet of the East 216 Feet of Lot 1, Auditor’s Subdivision No. 89 Ramsey County, Minnesota And The West 108 Feet of the East 324 Feet of Lot 1, Auditor’s Subdivision No. 89, Ramsey County, Minnesota WHEREAS, the applicant requests approval of a lot line adjustment to the common lot line between the two lots; and, WHEREAS, the applicant has submitted a Certificate of Survey date-stamped February 1, 2005 for the lot line adjustment showing the north 155 feet of the common lot line moved 15 feet to the west; and, WHEREAS, the proposed Certificate of Survey has been forwarded to the City Attorney for review; and, WHEREAS, the Planning Commission finds that the applicant’s request for a lot line adjustment is in conformance with the Comprehensive Plan; and, WHEREAS, the Planning Commission has reviewed the applicant’s request for a lot line adjustment and has determined that it is in conformance with Chapters 1104, 1201, and 1202 of the Municipal Code. NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission recommends approval of the lot line adjustment (minor subdivision) between 3008 and 3016 County Road J, subject to the following requirements: 3008/3016 County Road J Minor Subdivision February 16, 2005 Page 8 1. The applicant shall arrange to record new property deeds with Ramsey County within 60 days of Council approval and provide the City with proof of recordation. Failure to do shall cause the approval to become null and void. 2. The driveway at 3008 County Road J shall be brought into conformance and will meet the five (5) foot setback no later than May 1, 2005. The applicant shall place money in escrow to ensure that the driveway is corrected, even if the property is sold. The amount to be placed in escrow will be determined by the City Council. 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 16th day of February, 2005. __________________________________________ Gary Stevenson, Chairperson ATTEST: __________________________________________ James Ericson, Community Development Director (SEAL) Item No: 7 Meeting Date: Feb 16, 2005 Type of Business: Action City of Mounds View Staff Report To: Mounds View Planning Commission From: James Ericson, Community Development Director Item Title/Subject: Consideration of a Minor Subdivision of the Properties Located at 7618 Edgewood Drive and 7630 Woodlawn Drive; Mounds View Planning Case MI2005-002. Introduction: The owners and applicants, Marshal and Cindy Mills, have applied for a re-approval of a lot line adjustment between the properties they own at 7618 Edgewood Drive and 7630 Woodlawn Drive. The subdivision, which was originally approved by the City Council in January of 2002, would split off the rear 2,204 square feet of 7630 Woodlawn Drive and combine that 2,204 square feet with the property at 7618 Edgewood Drive. (Marshal and Cindy Mills own both properties.) The resulting area of the Woodlawn lot, improved with a duplex, would be 12,500 square feet, the minimum required for a duplex lot. The purpose of the land transfer is to create more space on the Edgewood Drive lot, improved with a four-plex, upon which to build garages and supplemental parking space. Currently the four plex does not provide any garage space, which is required under the provisions of Chapter 1121 of the Mounds View Zoning Code. Discussion: According to the Mounds View City Code, a minor subdivision is a division of land less than two acres in area in which only one additional lot is created. The definition also includes lot line adjustments, even though no new lots (such as with this request) may be created by the adjustment. After the subdivision, both lots would comply with the area and setback requirements of their respective zoning districts. The land subdivided from the duplex lot (heretofore referred to as Lot 12) is of little use to that lot due to its configuration. Combining this area with the Edgewood Drive lot (heretofore referred to as Lot 20) would allow greater flexibility for the property owner who would like to construct garages in the future. Easements: There is an easement presently dedicated over the westernmost 10 feet of the Edgewood Drive parcel (Lot 20 on the survey), which protects an existing stormsewer. The subdivision would not alter this easement, as the stormsewer would not be impacted. The applicant intends at some point in the future to construct garages to service the four plex. The garages shall not be located within any current or proposed easement area. In addition, if it is determined necessary, the applicants shall be required to execute a limited use agreement to install an improved parking area over the stormsewer. The purpose of the agreement would be to document that the City not be liable for any damage done to the parking area or for any restoration in the event the parking lot is disturbed to service or repair the stormsewer. Mills Report February 16, 2005 Page 2 Zoning: Lot 12 (the duplex lot) is zoned R-2, Single & Two Family Residential; and Lot 20 (the four-plex lot) is zoned R-3, Medium Density Residential. While no zoning changes are necessitated by this subdivision, the zoning designation of the land divided from Lot 12 and added to Lot 20 should be rezoned from R-2 to R-3 at some point to be consistent with the land use. Since there is no urgency to do this, staff would recommend including this piece of land with a future comprehensive rezoning ordinance. Comprehensive Plan: The same issue arises with the City’s Comprehensive Plan existing and future land use maps. The parcels have different designations, yet the subdivision will not change the associated land uses, so again there is no urgency to make the correction. Staff recommends delaying any change until the next regularly scheduled round of map updates. Access and Traffic: There are no changes proposed with regard to the extent of vehicle trips made on a daily basis as a result of this subdivision. The Mills would, however, like to construct garages for Lot 20, which would require relocating the Edgewood Drive access to the north side of Lot 20. The existing bituminous driveway along the south side of the property would be removed at the same time. In so doing, Mr. Mills would be eliminating a non-conforming driveway (non-conforming due to the limited setback from the intersection of Bronson and Edgewood Drives.) A building permit would be needed for the garage and a zoning permit for the driveway and parking area. Park Dedication Requirements: Every subdivision of land is ordinarily subject to park dedication requirements. The City Council adopted Ordinance 745 last year however which provided for some flexibility in determining what—if any—dedication would be required. Because no new lots are created by this subdivision and no additional development would occur, no dedication will be required. Public Notice. Public notice is not required for this request. Given that no new development will occur, a public hearing or public notice was not warranted. Recommendation: This proposed subdivision is merely a redrawing of one common lot line between two parcels to afford the property owner greater flexibility to make improvements to Lot 20. The associated uses will not be changing as a result of the subdivision. There will not be any impacts to traffic or congestion and the subdivision would not be inconsistent with either the Comprehensive Plan or the Zoning Code and Subdivision Code. The subdivision was approved once before in January of 2002, however due to mortgage issues the deeds were never recorded, thus necessitating reapproval. Staff recommends approval of Resolution 786-05, subject to stipulations. _____________________________________ James Ericson Community Development Director Zoning Map C O U N T Y R O A D I B R O N S O N D R I V E Aerial View Proposed common lot line Existing common lot line Plat Map 7618 Edgewood Dr. Lot 20 (Parcel B) 7630 Woodlawn Dr. Lot 12 (Parcel A) Proposed Common Lot Line Future Development Plan for 7618 Edgewood Drive Future Three Stall Garage Future Two Stall Garage Photographic Documentation Photo of the four-plex located at 7618 Edgewood Drive, looking northwest MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 786-05 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING RE-APPROVAL OF A MINOR SUBDIVISION OF 7618 EDGEWOOD DRIVE AND 7630 WOODLAWN DRIVE; MOUNDS VIEW PLANNING CASE NO. MI05-002 WHEREAS, the Applicants, Marshall and Cindy Mills, have requested reapproval of a minor subdivision to divide approximately 2,060 square feet from the back of 7630 Woodlawn Drive, property zoned R-2, and concurrently attach it to 7618 Edgewood Drive, property zoned R-3; and, WHEREAS, the Applicants have submitted a Certificate and Plat of Survey (the “Certificate”) for the identified properties, date-stamped January 26, 2005; and, WHEREAS, both properties are owned by the Applicants and are legally described as follows: 7630 Woodlawn Drive Pin #: 08-30-23-22-0020 7618 Edgewood Drive Pin #: 08-30-23-22-0026 Subject to Easements, Lot 12, Block 2, Park View Terrace, Ramsey County, Minnesota Subject to Easements, Lot 20, Block 2, Park View Terrace, Ramsey County, Minnesota WHEREAS, the 2,060 square feet of land being detached from Lot 12 and attached to Lot 20 is legally described as follows: That part of Lot 12, Block 2, Park View Terrace lying southeasterly of the following described line: Beginning at the northwest corner of Lot 20, Block 2, said Park View Terrace, thence South 0 degrees 34 minutes 30 seconds East, along the West line of said Lot 20 a distance of 13.98 feet; thence south 34 degrees 38 minutes 22 seconds west a distance of 75.97 feet to the southwesterly line of said Lot 12 and there terminating. WHEREAS, the Planning Commission has reviewed the applicant’s request for a minor subdivision and has determined that it is in conformance with Chapters 1104, 1201, and 1202 of the Municipal Code; and WHEREAS, the Planning Commission finds that the applicant’s request for a minor subdivision is in conformance with the Comprehensive Plan; and, Resolution 786-05 Page 2 WHEREAS, a copy of the Certificate and Plat of Survey has been forwarded to the City Attorney for his review; and, WHEREAS, no park dedication fees shall be required with this subdivision due to there being no new additional lots created by this subdivision. NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission recommends approval of the minor subdivision request made by Marshall and Cindy Mills, owners of 7630 Woodlawn Drive and 7618 Edgewood Drive, subject to the following: 1. The applicants shall execute and record two easement documents (one for each lot) which dedicate to the public for public use the proposed additional easement areas. 2. No structures shall be allowed in any easement area. 3. Prior to the issuance of any building or zoning permits related to construction activity that would encroach or approach the existing storm sewer easement, the Director of Community Development shall review the plans to ensure the requirements of this minor subdivision resolution are adhered to. 4. The applicants shall execute a limited use agreement in the event one is needed to hold the City harmless for damages resulting from repair or maintenance to the underlying stormsewer. 5. The applicants shall be responsible for recording new property deeds to effectuate the subdivision with Ramsey County within 60 days of Council approval. Failure to do so within the prescribed time frame (excluding unavoidable delays as determined by the Community Development Director) shall render the minor subdivision null and void. 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 16th day of February, 2005 _____________________________________ Gary Stevenson, Chairperson ATTEST: _____________________________________ James Ericson Community Development Director (SEAL) Item No: 8 Meeting Date: Feb 16, 2005 Type of Business: Review City of Mounds View Staff Report To: Mounds View Planning Commission From: James Ericson, Community Development Director Item Title/Subject: Review Applications for the Vacant Planning Commission Seat Introduction: The City Council adopted Ordinance 741 in 2004 which clarified the process by which applications for boards and commissions are reviewed and appointed. The Council recognized the value of having the specific board or commission review the applications and forward its recommendation on to the Council for their action as a whole. In previous years, the Mayor has made the appointments with the approval of the Council. Discussion: There has been a vacancy on the Planning Commission as a result of the resignation of former Planning Commissioner Liz Song last year. Staff has announced the vacancy at Planning Commission and City Council meetings, the announcement has been posted on the City’s website and has been scrolled on Cable Channel 16. During the two elections, it was pointed out on more than one occasion that unsuccessful candidates could apply for vacant positions. We have received two applications for the vacant seat from Michael Marrone and Al Hull. Mr. Marrone ran for a Council seat during the special election. Mr. Hull ran for mayor during the general election and as a councilmember during the special election. Both have indicated a desire to serve on the Planning Commission. Their applications are attached for the Commission’s review. Both Mr. Hull and Mr. Marrone have been invited to attend the Planning Commission meeting. It has been pointed out to both candidates that they can make a statement as to the desire to serve on the Planning Commission and that the Commission may respond with questions of their own. Recommendation: Review the applications and consider the candidates’ statements as to their desire to serve on the Planning Commission. Questions may be directed to the candidates if additional information is needed. The Commission may recommend one of the two candidates to the City Council or it may recommend both candidates if it is determined that both would be good candidates. No resolution is attached, a simple motion is all that would be needed. _____________________________________ James Ericson Community Development Director