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HomeMy WebLinkAbout12-01-2004 MOUNDS VIEW PLANNING COMMISSION December 1, 2004 -- 7:00 P.M. REGULAR MEETING AGENDA 1. Call to Order 2. Roll Call 3. Approve Minutes: November 3, 2004 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 MI2004-001 Consideration of a Re-Approval of a Zero-Lot Line Minor Subdivision at 7656/7658 Silver Lake Road Applicant – RM Michaels Construction 6. Planning Case VR2004-012 Consideration of a Variance to Allow for Increased Wall Sign Area at CVS Pharmacy located at 2800 County Road 10 Applicant – Icon Identity Solutions APPLICANTS: YOUR ATTENDANCE AT THIS MEETING IS REQUESTED. PLEASE NOTIFY THE COMMUNITY DEVELOPMENT DEPARTMENT AT 763-717-4020 IF YOU ARE UNABLE TO ATTEND. 7. Next Planning Commission Meeting: December 15, 2004 8. Adjourn to Agenda Session AGENDA SESSION 1. Review Minutes: November 17, 2004 2. Staff Reports 3. Chairperson and Planning Commissioners’ Reports Item No: 5 Meeting Date: December 1, 2004 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 Re-approval of a Minor Subdivision of 7656/7658 Silver Lake Road; Planning Case MI2004- 001 Introduction: Zach Dyab, representing the applicant RM Michaels Construction Inc., is requesting re-approval of a minor subdivision to convert the lot at 7656 Silver Lake Road into a zero-lot line subdivision. The lot would be divided down the middle and both lots would have frontage on Silver Lake Road This minor subdivision request was presented to the Planning Commission on February 19, 2003 and was approved by the Council on April 28, 2003. City Council Resolution 6002, which approved the minor subdivision, stated that, “The applicant shall record the deeds with Ramsey County no later than 60 days beyond Council approval…Failure to record the deeds shall render this subdivision approval null and void.” The applicant at that time, Rose Osbourne, failed to record the deeds and therefore the subdivision was not finalized. Mr. Dyab, who is now handling the case, is requesting re-approval of the same proposal and if approved, the City will record the deeds with Ramsey County. In addition to the minor subdivision, the lot was previously subdivided and rezoned to R-2, Single and Two Family Residential, in 2002 by Terry Martinson, the previous property owner. Minor subdivisions are those divisions of land less than two acres in size in which only one additional lot is created. 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. The applicant has submitted the required certificate of survey that describes the proposed subdivision. Discussion: The property at 7656 Silver Lake Road is presently 27,060 square feet. The proposed subdivision would split off the north 66 feet of the lot from the south 66 feet. Both lots would have frontage on Silver Lake Road. The applicant has submitted a Certificate of Survey for the proposed subdivision that identifies the lots to be created as Parcel A and Parcel B. Zoning Requirements The lot has 132 feet of frontage on Silver Lake Road, 32 more feet that the minimum required. As shown on the attached site plan, the applicant is proposing to subdivide the parcel horizontally into to two equal halves of 66 feet. A twinhome was built on the property straddling the lot line as shown on the attached Certificate of Survey. 7656/7658 Silver Lake Road Minor Subdivision December 1, 2004 Page 2 Both lots created by the subdivision would conform to the minimum lot size requirements and setbacks as established in the zoning code. The minimum lot size for a two-family attached home is 6,250 square feet. Each of the proposed new lots would have a size of approximately 13,530 square feet, which exceeds the minimum size requirement by 7,280 square feet. Easements shown on the survey are easements that have already been dedicated from the previous subdivision. Staff is recommending that the easement along the rear property line be increased to cover the existing utilities that were installed. Park Dedication Requirements. During the previous review of this minor subdivision request it was determined that due to the fact that a park dedication fee was already paid for the previous lot split, a new park dedication fee would not be required for this lot split. Deed Restrictions According to Subdivision 1107.03 of the Mounds View Zoning Code, deeds associated with zero lot line subdivided parcels shall have certain restrictions added to the deed that protect what happens in the event of damage or destruction. The restrictions are as follows: a. If one dwelling unit is burned or destroyed, it shall be reconstructed in a uniform appearance. b. If both dwelling units are burned or destroyed, minimum lot widths shall then prevail as for single-family homes. c. A double dwelling unit may be rebuilt meeting the original conditions of this Title. d. A uniform exterior appearance, in terms of color, design and maintenance shall be maintained. Recommendation: Staff recommends that the Commission approve Resolution 776-04, a resolution recommending approval of a minor subdivision of 7656 Silver Lake Road, with conditions. Respectfully submitted, Kristin Prososki Planning Associate Attachments: 1. Planning Application 2. Zoning Map 3. Photographic Documentation 4. Resolution 776-04 5. Certificate of Survey (Separate Attachment) 7656/7658 Silver Lake Road Minor Subdivision December 1, 2004 Page 3 7656/7658 Silver Lake Road Minor Subdivision December 1, 2004 Page 4 7656/7658 Silver Lake Road Minor Subdivision December 1, 2004 Page 5 Zoning Map Subject Property * All lots zoned R-1, Single-Family Residential, unless otherwise indicated. 7656/7658 Silver Lake Road Minor Subdivision December 1, 2004 Page 6 Photographic Documentation Photograph of Twinhome Constructed at 7656/7658 Silver Lake Road. 7656/7658 Silver Lake Road Minor Subdivision December 1, 2004 Page 7 MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 776-04 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING RE-APPROVAL OF A ZERO-LOT LINE MINOR SUBDIVISION OF 7656 SILVER LAKE ROAD; MOUNDS VIEW PLANNING CASE NO. MI2004-001 WHEREAS, Zach Dyab, representing the applicant RM Michaels Construction, Inc., has requested approval of a zero-lot line minor subdivision of 7656 Silver Lake Road, zoned R-2, Single and Two-Family Residential, legally-described as follows: The east 205.10 feet of Lot 3, Spring Lake Park Knolls Addition Ramsey County State of Minnesota WHEREAS, the applicant proposes to subdivide the north 66 feet from the south 66 feet of the above mentioned lot to create a zero-lot line subdivision with both lots fronting Silver Lake Road; and, WHEREAS, the applicant has submitted a Certificate of Survey date-stamped November 23, 2004 for the proposed minor subdivision, indicating the new lots as Parcel A and Parcel B; and, WHEREAS, the proposed Certificate of Survey has been forwarded to the City Attorney for review; and, 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. NOW, THEREFORE, BE IT RESOLVED, having found that the proposed subdivision satisfies City subdivision and zoning code requirements, the Mounds View Planning Commission recommends approval of the minor subdivision of 7656 Silver Lake Road requested by Zach Dyab, representing RM Michaels Construction, Inc., subject to the following requirements: 1. The applicant shall arrange to have a Registered Property Abstract (RPA) or other acceptable title commitment provided to the City Attorney for review prior to the approval of the subdivision by the City Council. 7656/7658 Silver Lake Road Minor Subdivision December 1, 2004 Page 8 2. The deeds shall bear the following restrictions: a. If one dwelling unit is burned or destroyed, it shall be reconstructed in a uniform appearance. b. If both dwelling units are burned or destroyed, minimum lot widths shall then prevail as for single-family homes. c. A double dwelling unit may be rebuilt meeting the original conditions of this Title. d. A uniform exterior appearance, in terms of color, design and maintenance shall be maintained. 3. The dedicated drainage and utility easements shall be revised to cover the utilities that have already been installed on the west side of the property. 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 1st day of December, 2004. __________________________________________ Gary Stevenson, Chairperson ATTEST: __________________________________________ James Ericson, Community Development Director (SEAL) Item No: 6 Meeting Date: December 1, 2004 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 Increased Wall Sign Area at 2800 County Road 10; Planning Case VR2004-12 Introduction: Tom Moreland, representing Icon Identity Solutions, has requested a variance to allow for increased wall sign area at the newly constructed CVS Pharmacy building located at 2800 County Road 10. Discussion: The Sign Code allows for building mounted signage not to exceed 100 square feet per building occupant. In most cases, 100 square feet is adequate, especially for the businesses located at either Mounds View Square or Silver View Plaza. Issues have arisen regarding end spaces at either mall and for stand-alone buildings with multiple frontages. The CVS Pharmacy building has two frontages with high visibility. One side of the building fronts on County Road 10 and another side fronts on Silver Lake Road. Our Code makes no exceptions for multiple building elevations, thus limiting each user to 100 square feet. CVS is requesting to install two large wall signs on both fronts of the building that read “CVS/Pharmacy”. (See attached sign plan.) The total square footage of both signs is 149.6 square feet. In addition to the primary signs that indicate the name of the business, CVS is requesting to install secondary signs which read “Drive-thru/Pharmacy”, “Food Shoppe” and “1 Hour Photo”. The total square footage of the secondary signage is 96.2 square feet. The total requested area of wall sign area is 245.8 square feet. In addition to the wall signage, CVS is planning to install ground and directional signs, which will meet the code limitations. The wall signs on the fronts of the building facing County Road 10 and Silver Lake Road will be illuminated, however, the directional signs on the back and side of the building will be non-illuminated. Similar Requests: Budget Liquor and Mario’s Video were both granted variances for additional signage at Mounds View Square. (Both leased space at either end of the center.) Carmike Wynnsong Cinema also received approval for signage in excess of 100 square feet. The Mermaid and Walgreens, through a PUD, were allowed signage in excess of the City’s requirements. In addition, Highway 10 Business Center was granted a variance for additional wall signage. CVS Sign Variance Report December 1, 2004 Page 2 Variance Considerations: For a variance to be approved, the applicant needs to demonstrate a hardship or practical difficulty associated with the property that makes a literal interpretation of the Code overly burdensome or restrictive. Minnesota statutes require that the governing body (the Planning Commission, in this case) review a set of specified criteria for each application and make its decision in accordance with these criteria. These criteria are set forth in Section 1125.02, Subdivision 2, of the City Code. The Code clearly states that a hardship exists when all of the criteria are met. The criteria are as follows: 1. Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity and result from lot size or shape, topography or other circumstances over which the owners of the property since the effective date hereof have had no control. A variance for additional signage is unique among the spectrum of possible variances in that the Sign Code is not a part of the Zoning Code; rather it is a chapter within the building code. The building code however indicates that any requested deviations be handled as would a deviation from the Zoning Code. The property is zoned B-3, Highway Business. Exterior building mounted signage is limited to 100 square feet per building occupant in this and all other commercial districts, regardless of the building mass—its height and length. Some sign codes from other municipalities allow for greater sign area for multiple building fronts while others allow more based on wall area. Mounds View’s code simply limits each building occupant to 100 square feet. The exceptional or extraordinary circumstances involving this property is that the building is oriented to the corner of two busy roads and the business needs to identify the store name and the services on both fronts of the building. 2. The literal interpretation of the provisions of this Title would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Title. The literal interpretation of the provisions of the Zoning Code would not necessarily deprive the applicant of rights enjoyed by other properties in the same zone, however denying the request would put the occupants in an unfavorable position based upon the City’s past practice of approving reasonable signage variances, especially for business with multiple building frontages. 3. That the special conditions or circumstances do not result from the actions of the applicant. The special conditions do not result from the actions of the applicant. CVS Sign Variance Report December 1, 2004 Page 3 4. That granting the variance requested would not confer on the applicant any special privilege that is denied by this Title to owners of other lands, structures or buildings in the same district. Granting the variance would not confer upon the property owner a special privilege in that every property owner has the right to apply for a variance to improve the function and viability of their business. Neither would such approval confer a special treatment as similar reasonable variances have been granted in the past. 5. That the variance requested is the minimum variance which would alleviate the hardship. Economic conditions alone shall not be considered a hardship. Icon Identity Solutions feels this is the minimum amount of signage that would allow them to identify and advertise the business and services offered at CVS Pharmacy to both street frontages. 6. The variance would not be materially detrimental to the purpose of this Title or to other property in the same zone. Granting a variance to allow the additional 146 square feet of building mounted signage for the corner businesses would not be materially detrimental to the purpose and intent of the building code. There have been no objections raised up to this point from any of the adjoining property owners. Given the building’s size and multiple street frontages, the additional signage would not appear excessive. 7. The proposed variance will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets or increase the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood. The requested variance would not result in any of the above-cited adverse effects. Recommendation: After holding the public hearing and taking testimony from staff, the applicant and affected property owners, the Commission can take one of the following actions related to the request: 1. Approve the variance as requested. Resolution 777-04 is attached for the Commission’s approval if that is the chosen course of action. 2. Approve the variance, but amend the amount of wall signage allowed. The Commission could choose this option if they feel that a variance is appropriate, but that it should be granted for less than the requested amount. If this option is chosen, Resolution 777-04 could be amended to reflect the allowed amount of signage as decided by the Commission. 3. Deny the requested variance. To move forward with this option, the Commission should move to direct staff to draft a resolution of denial with findings of fact appropriate to support the denial. CVS Sign Variance Report December 1, 2004 Page 4 4. 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 the 60-day rule, 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. Resolution 777-04 6. Proposed Signage Plans (Separate Attachment) CVS Sign Variance Report December 1, 2004 Page 5 CVS Sign Variance Report December 1, 2004 Page 6 CVS Sign Variance Report December 1, 2004 Page 7 CVS Sign Variance Report December 1, 2004 Page 8 CVS Sign Variance Report December 1, 2004 Page 9 CVS Sign Variance Report December 1, 2004 Page 10 MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 777-04 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A VARIANCE FOR 146 SQUARE FEET OF ADDITIONAL EXTERIOR BUILDING SIGNAGE AT 2800 COUNTY ROAD 10; PLANNING CASE NO. VR2004-12 WHEREAS, the applicant, Tom Moreland, representing Icon Identity Solutions, has applied for a variance from the maximum wall-mounted signage allotments for the building located at 2800 County Road 10; and, WHEREAS, 2800 County Road 10 is zoned B-3, Highway Business and is legally described as: Lot 2, Block 1, Velmeir CVS Addition Ramsey County, Minnesota WHEREAS, Section 1008.09 of the Sign Code indicates that the maximum wall- mounted signage for a commercial building is 100 square feet per business occupant; and, WHEREAS, Mr. Moreland requests an additional 146 square feet of wall sign; and, WHEREAS, Section 1008.16 of the Sign Code indicates that variance requests be treated as any other variance request as articulated in Section 1125.02, Subdivision 2 of the Mounds View Zoning Code; and, WHEREAS, according to Section 1125.02, the Planning Commission is to review a standard set of criteria, of which all must be satisfied, in order to grant a variance to the Zoning Code. NOW, THEREFORE, BE IT RESOLVED, the Mounds View Planning Commission makes the following finding of facts related to this request: 1. The exceptional circumstances involving this property is that the building is oriented to the corner of two busy roads and the business needs to identify the store name and the services on both fronts of the building. In addition, the Code does not provide exceptions for buildings that front multiple streets. CVS Sign Variance Report December 1, 2004 Page 11 2. The literal interpretation of the provisions of this Title would deprive the applicant of rights commonly enjoyed by other properties in that the City has approved similar variances in the past for reasonable sign variance requests. 3. The special conditions or circumstances necessitating the variance request do not result from the actions of the applicant. 4. Granting the variance would not confer upon the property owner a special privilege in that every property owner has the right to apply for a variance to improve the function and viability of their business. Neither would such approval confer a special treatment as similar reasonable variances have been granted in the past. 5. Allowing for an additional 146 feet of wall signage would be the minimum amount that would allow CVS Pharmacy to advertise the business and services offered to both street frontages. 6. The variance would not be materially detrimental to the purpose of the Municipal Code or to other property in the commercial zoning districts. 7. The proposed variance will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets or increase the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood. NOW, THEREFORE, BE IT FURTHER RESOLVED that the Mounds View Planning Commission, based upon the above identified finding of facts, does hereby approve the variance requested for an additional 146 feet of wall signage at the building located at 2800 County Road 10. Adopted this 1st day of December, 2004. ____________________________________ Gary Stevenson, Chairperson ATTEST: ____________________________________ James Ericson, Community Development Director (SEAL)