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HomeMy WebLinkAbout08-07-2019 PCAPPROVED PROCEEDINGS OF THE MOUNDS VIEW PLANNING COMMISSION CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting August 7, 2019 Mounds View City Hall 2401 Mounds View Boulevard, Mounds View, MN 55112 ______________________________________________________________________________ 1. Call to Order The meeting was called to order by Chair Stevenson at 7:00 p.m. for August 7, 2019. ______________________________________________________________________________ 2. Roll Call Members Present: Commissioners Klander, Monn, Nelson, Rundle, and Stevenson. Absent and Excused: Commissioners French and Farmer. Also Present: Community Development Director Jon Sevald and Council Member Bill Bergeron. ______________________________________________________________________________ Index to Minutes Page Resolution 1105-19 Consideration of a Variance to allow a Second 2 Driveway at 2809 Bronson Drive Approval of Minutes 6 _____________________________________________________________________________ 3. Special Order of Business None. 4. Citizens Requests and Comments on Items Not on the Agenda None. ______________________________________________________________________________ Mounds View Planning Commission August 7, 2019 Regular Meeting Page 2 ________________________________________________________________________ 5. Planning Cases A. Resolution 1105-19, Consideration of a Variance to allow a Second Driveway at 2809 Bronson Drive (Planning Case VR2019-003) Community Development Director Sevald stated the applicants, Jason and Deborah Lanz, own the property at 2809 Bronson Drive, consisting of a single-family home and detached garage. Mr. Lanz proposes to build a second garage and driveway, requiring a Variance for the second driveway. The intent of keeping the first driveway is to allow a family member with mobility challenges to park close to the door. It was noted a 2/3’s majority vote of the Commissioners (5 of 7) is required to approve a Variance. The Planning Commission held a Public Hearing on this item on July 17th. After a 4-2 vote to approve the Variance failed, the Planning Commission tabled this item to allow an opportunity for the full Commission to comment. Staff does not have a recommendation on this Planning Case. It is Staff’s opinion that there is nothing unique about the property to warrant a second driveway. There may be unique circumstances related to the home’s residents to warrant a second driveway, but, this determination should be made by the Planning Commission based on the applicant’s testimony. Commissioner Monn asked how many feet were between the proposed garage and the property line. Community Development Director Sevald explained there would be eight feet and noted the minimum setback was five feet. Commissioner Monn questioned if the property had been recently surveyed. Jason Lanz, 2809 Bronson Drive, reported he knew roughly where the stakes were for his property. Commissioner Monn inquired if the applicant would be installing another concrete driveway. Mr. Lanz indicated he was not proposing to install any concrete in the backyard. Chair Stevenson asked if the applicant had rethought the plans to include the second driveway. Mr. Lanz stated the only thoughts he had was to keep the original driveway in place and to have a driveway run in front of his house to the second garage. He explained he was not interested in placing a driveway through his rear yard. He indicated there was no easy solution in order to meet the needs of his mother-in-law and the needs of his family. Chair Stevenson requested staff review the City requirements if the variance were approved for the second driveway. Community Development Director Sevald explained the applicant would be required to remove the second driveway entrance when the mother-in-law was no longer living at the home while also placing $3,250 in escrow. In addition, the applicant would have to construct the second driveway within one year. Commissioner Nelson stated he was very conflicted with this request. He anticipated it would be difficult for the City to enforce these requirements. He commented there may be other solutions available to the applicant that would not require a variance. He indicated he did not want to set a precedent if this request were approved. He stated at this time he would not be able to support the variance for a second driveway. Mounds View Planning Commission August 7, 2019 Regular Meeting Page 3 ________________________________________________________________________ Commissioner Klander indicated the request could be viewed as a temporary solution for the homeowners. He anticipated the second driveway would not be in place 20 to 30 years down the road. He reported the City would have an escrow in place to ensure the second curb cut was replaced. He commented further on the importance of accessibility for residents. He noted he could support the request before the Commission. Chair Stevenson asked if a time limit could be put in place to require staff or the Planning Commission to revisit the issue. Commissioner Monn stated she would want more than just the escrow in place given the tremendous loss of green space that would occur on this property. She wanted to see a stipulation put in place to require the applicant to return the second driveway to greenspace after the mother-in-law was no longer living in the home. Chair Stevenson supported this recommendation and questioned if the Commission could put a time limit on the second curb cut. Mr. Lanz stated he supported having to provide the City with an escrow, but he believed the amount was too high. He indicated he could support the City putting a time limit on the second curb cut in order to assess if it was still needed. He explained he would not keep the second driveway in place after his mother-in-law was no longer living in the home and would therefore remove the concrete in order to create more greenspace. Community Development Director Sevald reported the curb replacement was estimated to cost $2,000. The escrow would add a 5% compounded interest over ten years, equaling $3,250. Mr. Lanz stated he was more comfortable with the escrow amount being $2,000. Commissioner Nelson encouraged the applicant to approach the City in a timely manner when the second curb cut was no longer needed. The Commission supported setting a two-year time limit on the second curb cut, or such a time when it was no longer needed. Mr. Lanz commented further on the uniqueness of his property and situation and encouraged the Commission to consider his case separately from potential future requests. Chair Stevenson suggested two stipulations be put in place if the variance were approved to require all of the driveway in front of the house to be removed and returned to greenspace after the second curb cut was no longer needed and that the property be revisited by staff every two years, to see if the second driveway was still needed. He recommended the front driveway be removed within one year of the apron being removed. Community Development Director Sevald stated the Commission could add these stipulations to the Resolution. Community Development Director Sevald asked if the Commission wanted to reduce the escrow amount from $3,250 to $2,000. Mounds View Planning Commission August 7, 2019 Regular Meeting Page 4 ________________________________________________________________________ Chair Stevenson suggested the amount be lowered and that the amount be revisited in two years. Community Development Director Sevald recommended the escrow amount be set at this time and not be increased in the future. Commissioner Klander commented he supported the escrow amount being lowered to $2,000. Commissioner Nelson asked if the driveway situation would have to be fixed prior to the home being sold. He suggested this be made a stipulation for approval. Community Development Director Sevald reported variances run with the property and not the property owner. He discussed the process the City could follow to remove the second curb cut in the future if the property were sold. Community Development Director Sevald reviewed the Resolution noting the following conditions as proposed by the Commission: 1. Every two years staff will confirm with the property owner that the individual with mobility challenges still resides on the property. 2. The applicant shall remove the first (west) driveway, that portion within the front yard, within one year of the date the resident with mobility challenges no longer resides on the property. 3. The property owner will provide the City with a $2,000 escrow for removal of the driveway apron and to replace the curb. The City may hold this escrow in a non-interest bearing account and will refund it to the applicant only when the applicant removes the west driveway and restores it to greenspace. 4. The property owner shall construct the east (second) driveway within one year after the date of the variance in compliance with City Code. Chair Stevenson stated he supported the proposed conditions. Commissioner Nelson indicated he supported the conditions as listed by staff. Commissioner Monn stated she would still like to see the new garage placed next to the existing garage. She did not believe the new garage location was proper or ethical. MOTION/SECOND: Commissioner Rundle/Commissioner Klander. To approve Resolution 1105-19, a Resolution Recommending Approval of a Variance as amended for a Second Driveway at 2809 Bronson Drive; Planning Case No. VR2019-003. Ayes – 4 Nays – 1 (Monn opposed) Community Development Director Sevald reported the variance did not pass because a super majority vote of the Commission was required to approve the variance. Mounds View Planning Commission August 7, 2019 Regular Meeting Page 5 ________________________________________________________________________ Commission Monn stated she had concerns with restoration of the first driveway. Community Development Director Sevald indicated the driveway and apron would have to be restored to greenspace once removed. Commissioner Monn commented with this item now clarified she could support the request. Commissioner Klander suggested Commissioner Monn make a motion to reconsider the Resolution. MOTION/SECOND: Commissioner Monn/Commissioner Rundle. To reconsider Resolution 1105-19, a Resolution Recommending Approval of a Variance as amended by conditions for a Second Driveway at 2809 Bronson Drive; Planning Case No. VR2019-003 and also requiring the applicant to restore the west driveway and apron to greenspace. Ayes – 5 Nays – 0 Motion carried. ____________________________________________________________________________ 6. Other Planning Activity None. ______________________________________________________________________________ 7. Reports A. Upcoming Planning Cases & Activity Community Development Director Sevald discussed upcoming planning cases with the Commission. B. Staff Updates Community Development Director Sevald provided the Commission with an update from staff. He explained the City was currently in the mandatory six-month review period for the Comprehensive Plan. He indicated the goal would be to have the Comprehensive Plan back to the City in November for final approval. Commissioner Monn stated she supported local high school students being involved in City government. C. Council Updates Council Member Bergeron provided the Planning Commission with an update from the City Council. He explained the Council discussed CCTV, charitable gambling in the community, the fire department budget, rain gardens and rental licenses at a recent worksession meeting. He reported the YMCA’s Youth in Government would be contacted this fall to see if there was Mounds View Planning Commission August 7, 2019 Regular Meeting Page 6 ________________________________________________________________________ interest in serving on the City’s Commissions. He noted the Skyline Motel would be burned later this month. He was happy to report the splash pad opened last Friday. He thanked all residents who participated in National Night Out on Tuesday, August 6th. D. Planning Commissioner Reports None. 8. Approval of Minutes July 17, 2019. MOTION/SECOND: Commissioner Nelson/Chair Stevenson. To approve the Minutes of the July 17, 2019 regular Planning Commission meetings as presented. Ayes – 5 Nays – 0 Motion carried. 9. Next Planning Commission Meeting: A. Wednesday, August 21, 2019 B. Wednesday, September 4, 2019 ______________________________________________________________________________ 10. Adjournment There being no further business before the Planning Commission, Chair Stevenson adjourned the meeting at 8:14 p.m. ______________________________________________________________________________ Respectfully submitted, Jon Sevald Community Development Director Transcribed by: Heidi Guenther TimeSaver Off Site Secretarial, Inc.