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HomeMy WebLinkAbout08-18-2021APPROVED PROCEEDINGS OF THE MOUNDS VIEW PLANNING COMMISSION CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting August 18, 2021 Mounds View City Hall 2401 Mounds View Boulevard, Mounds View, MN 55112 ______________________________________________________________________________ 1. Call to Order The meeting was called to order by Chair Rundle at 7:00 p.m. for August 18, 2021. ______________________________________________________________________________ 2. Roll Call Members Present: Commissioners Farmer, French, Munson, Nelson, Rundle, and Stevenson. Absent and Excused: Commissioner Monn. Also Present: Community Development Director Jon Sevald and Council Member Gary Meehlhause. Index to Minutes Page Resolution 1136-21, Variance to exceed permitted fence height in a 2 Front Yard at 5045 Rainbow Lane Resolution 1137-21, Amending the Crossroad Pointe PUD Narrative 4 at 2390 Mounds View Boulevard 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 18, 2021 Regular Meeting Page 2 ________________________________________________________________________ 5. Planning Cases A. PUBLIC HEARING, Resolution 1136-21, Variance to exceed permitted fence height in a front yard; 5045 Rainbow Lane Community Development Director Sevald stated the applicant received a Zoning Permit in November 2020 to construct a fence. The permit application was for a 4’ fence in the front yard, with a portion tapering to 6’ in height near the house. The approved permit was for 4’ (not 6’). Four-feet is the maximum fence height within a front yard. The house is on a corner lot, across from Sunnyside Elementary School. The applicant has dogs which bark at the crossing guards and other’s walking past. The intent of the taller fence is to block the dog’s view of pedestrians, whereas a 4’ fence would not. The fence constructed is in violation of City Code §160.030 (Fencing, Screening and Landscaping). The applicant was instructed to remove that portion of the fence exceeding 4’ in height, or apply for a Variance. Staff recommended the Planning Commission hold a public hearing and deny the Variance due to the fact there were no unique circumstances on the property. Commissioner Munson asked if fence heights were difference for corner lots. Community Development Director Sevald reported a six foot fence was allowed on the side yard but the front yard had a four foot fence height requirement. Commissioner Nelson questioned how far the fence was setback from the street. Community Development Director Sevald stated without the benefit of a survey he could not be certain but he estimated the fence was setback 30 feet from the street. Aaron Strand, 5045 Rainbow Lane, provided the Commission with background information on himself. He discussed the improvements and repairs he has made to his property in Mounds View. He noted the fence and landscaping was far from done at this point. He explained the fence was installed to keep his dogs safe and to keep them from barking. He reviewed photos of several corner lots that had tall landscaping instead of fences and requested that his variance be approved. Commissioner Munson inquired why the fence was built up towards the house. Mr. Strand explained this was due to the steps that approach the house and noted the higher fence keeps his dogs from seeing passing pedestrians on the steps. Commissioner Munson questioned if the fence would be made all one color. Mr. Strand reported he would be painting the fence all the same color. Commissioner Nelson commented he was concerned with the fact Mr. Strand was aware of the City’s requirements with respect to the fence and failed to follow them. Mr. Strand explained the fence was somewhat of an experiment and he was hoping to keep the peace. Commissioner Nelson asked what type of trees were planted on the property. Mr. Strand stated he had planted several evergreens. Mounds View Planning Commission August 18, 2021 Regular Meeting Page 3 ________________________________________________________________________ Commissioner Farmer inquired what portion of the fence had to be four feet. Community Development Director Sevald stated the portion of the fence along Rainbow Lane had to be four feet in height. He indicated the portion of the fence along County Road H could be six feet in height. Commissioner Munson commented there were no unique circumstances on this lot that would allow for a six foot fence along the front property line. Community Development Director Sevald reported this was the case. Mr. Strand discussed the secondary fence he would be installing to assist with further screening his property from the school. Commissioner French explained he did not want to hear about a Pitbull jumping a four foot fence and biting a school aged child. He stated from a safety perspective, he was supportive of the proposed fence. Commissioner Nelson indicated he did not see any unique circumstances for this variance request, except for the fact that the applicant has barking dogs. He anticipated that if a Pitbull wants to get over a fence, it would get over a fence. Mr. Strand commented he believed his lot was unique because it was a corner lot that was adjacent to a school. He noted he had school patrols in his yard every morning. Commissioner Stevenson questioned if this variance were denied would the fence have to be removed. Community Development Director Sevald explained the portion of the fence that was higher than four feet would have to be reduced to four feet. Commissioner Stevenson commented he had a safety concern with this fence. He stated the entire portion of the fence along Rainbow Lane was four feet except for the portion next to the home that had steps. Mr. Strand stated it was only a few feet of fence that was out of compliance at this time. He indicated his neighbors did not object to the portion of fence that was six feet in height. Commissioner French asked what qualified as a unique circumstance. Community Development Director Sevald stated this would be something on the property that was not created by the property owner. He noted this property does have a small back yard. Mr. Strand noted his corner lot was different because his dogs had to be in the front/side yard versus the back yard due to its size. He commented it was not feasible to fence off the back yard due to the location of his driveway. Chair Rundle opened the public hearing at 7:45 p.m. Chair Rundle closed the public hearing at 7:46 p.m. MOTION/SECOND: Commissioner Stevenson/Commissioner Nelson. To approve Resolution 1136-21, a Resolution Denying a Variance to Exceed Permitted Fence Height in a Front Yard at 5045 Rainbow Lane. Mounds View Planning Commission August 18, 2021 Regular Meeting Page 4 ________________________________________________________________________ Ayes – 4 Nays – 2 (French and Munson opposed) Motion carried. _____________________________________________________________________________ B. Resolution 1137-21, Amending the Crossroad Pointe PUD Narrative at 2390 Mounds View Boulevard Community Development Director Sevald stated Gray Stone Flats was approved as a Planned Unit Development (PUD). At the time (2019), the project was known as Crossroad Pointe. A PUD may be approved with deviations from the minimum standards in the Municipal Code. Those deviations are detailed in a PUD Narrative. It is the intent for projects to be constructed “consistent” with plans approved by the City Council, but does allow some wiggle-room to occur during construction, at Staff’s discretion. Staff was aware of the slight setback deviations at the time the building permit was approved, and opined that the setbacks are consistent with the intent of the PUD Narrative. After discussing with the developer, it was agreed to apply to amend the PUD Narrative after a more recent survey was completed, and in the event the developer wished to change the Landscaping Plan, and prior to the City issuing a Certificate of Occupancy. The building received a Temporary Certificate of Occupancy in March, 2021. Landscaping was installed in the spring. Proposed deviations from the Landscape Plan, include: 1. 5’ tall fence (existing) around the pet exercise area, and around the tot lot (not installed), whereas, the PUD Narrative did not address the fence height. The maximum fence height permitted in a front yard, is 4’. The purpose of the taller fence is to prevent pets from getting loose. 2. Segmented wall panel fence (12’ wide, 8’ high) along a portion of County Road H2, whereas, the maximum fence height permitted in a front yard, is 4’. The purpose of the segmented fence is for aesthetics, not privacy. There will be gaps between the panels. Community Development Director Sevald commented further on the request and recommended denial of the five foot fence height request within the PUD Amendment. Commissioner Nelson asked how long the segmented wall panel fence would be. Stevie Johnson, Gray Stone Flats representative, reported the fence would be three separate sections. Two of the sections would be 25’ long and the third section would be 6’ feet long. He clarified for the record that the segmented fence would be 6’6” in height. Commissioner Nelson questioned when the tot lot would be installed. Mr. Johnson stated the tot lot would be installed next week. He requested the Commission allow the pet area to have a 5’ foot fence for safety purposes. Commissioner Stevenson stated he could support the five foot chain link pet fence. Mounds View Planning Commission August 18, 2021 Regular Meeting Page 5 ________________________________________________________________________ Commissioner Farmer commented he could support this as well. He stated the Commission may want to revisit City Code given the fact there have been a number of fence height variance requests. Commissioner Munson stated she supported the five foot pet area fence as well. Further discussion ensued regarding pet ownership requirements for the apartment complex. MOTION/SECOND: Commissioner Munson/Commissioner Nelson. To approve Resolution 1137-21, a Resolution Recommending Approval of an Amendment to the Crossroad Pointe PUD Narrative for the property at 2390 Mounds View Boulevard approving a five foot chain link fence around the pet area and up to 8’ for the segmented fence. Ayes – 6 Nays – 0 Motion carried. 6. Reports A. Upcoming Planning Cases & Activity Community Development Director Sevald stated staff had no upcoming Planning Cases. B. Staff Updates Community Development Director Sevald provided the Commission with an update from staff. He reported staff would be bringing the Comprehensive Plan to the Council for approval at an upcoming meeting. C. Council Updates Council Member Meehlhause provided the Planning Commission with an update from the City Council. He reported the Council discussed the potential plans for the Simon’s property and noted the Council supported the developer paying park dedication fees. D. Planning Commissioner Reports Chair Rundle encouraged all residents to attend Festival in the Park activities on Friday, August 20 and Saturday, August 21. Commissioner Farmer requested staff further investigate fence height requirements for other cities and report back to the Commission at a future meeting. Mounds View Planning Commission August 18, 2021 Regular Meeting Page 6 ________________________________________________________________________ 7. Approval of Minutes August 4, 2021. MOTION/SECOND: Commissioner Stevenson/Commissioner Munson. To approve the Minutes of the August 4, 2021 regular Planning Commission meetings as presented. Ayes – 6 Nays – 0 Motion carried. 8. Next Planning Commission Meeting: A. Wednesday, September 1, 2021 B. Wednesday, September 15, 2021 ______________________________________________________________________________ 9. Adjournment There being no further business before the Planning Commission, Chair Rundle adjourned the meeting at 8:18 p.m. ______________________________________________________________________________ Respectfully submitted, Jon Sevald Community Development Director Transcribed by: Heidi Guenther Minute Maker Secretarial