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HomeMy WebLinkAbout2022-02-02 PC Packet PLANNING COMMISSION REGULAR MEETING AGENDA February 2, 2022 – 6:30 P.M. VIRTUAL MEETING Due to Mayoral Declaration No. 2020-1, regarding a Declaration of a Local Emergency, this meeting will be conducted remotely via internet and audio connections, consistent with MN Statute §13D.021 (meetings during pandemic or Chapter 12 Emergency). Please click the link below to join the webinar: https://us02web.zoom.us/j/86551006136 Or One tap mobile : US: +13126266799,,86551006136# or +16465588656,,86551006136# Or Telephone: Dial(for higher quality, dial a number based on your current location): US: +1 312 626 6799 or +1 646 558 8656 or +1 301 715 8592 or +1 346 248 7799 or +1 669 900 9128 or +1 253 215 8782 or 833 548 0276 (Toll Free) or 833 548 0282 (Toll Free) or 877 853 5247 (Toll Free) or 888 788 0099 (Toll Free) Webinar ID: 865 5100 6136 International numbers available: https://us02web.zoom.us/u/kxb3aRxAd 1. Call to Order 2. Roll Call 3. Special Order of Business A. Oath of Office Commissioner French 4. Citizens Requests and Comments Relating to Planning and Zoning Issues Not Already on the Agenda. (Before speaking, please give your full name and address for the record.) 5. Planning Cases A. PUBLIC HEARING; Resolution 1145-22, Variance for an Accessory Building to Exceed 18’ in Height; 7975 Long Lake Road Resolution 1146-22; Recommending Approval of a Conditional Use Permit for an Accessory Building Exceeding 952 sq ft; 7975 Long Lake Road 6. Reports A. Upcoming Planning Cases & Activity B. Staff Updates C. Council Updates D. Planning Commissioner Reports 7. Other Planning Activity A. Annual Review of Planning Commission Bylaws 8. Approval of Minutes: January 19, 2022 9. Next Planning Commission Meetings: A. Wednesday, February 16, 2022; Wednesday, March 2, 2022 10. Adjournment PLANNING COMMISSION Oath of Office I, Jason French, do solemnly swear, to support the Constitution of the United States, and of this state, and to discharge faithfully the duties, devolving upon me as a member of the Planning Commission of the City of Mounds View, to the best of my judgment and ability. Sworn before me this 19th day of January, 2022. _______________________________ Jason French (SEAL) _______________________________ Jon Sevald Community Development Director The Mounds View Vision A Thriving Desirable Community Item No: 05A Meeting Date: Feb 2, 2022 Type of Business Planning Case Planning Case CU2021-003 City of Mounds View Staff Report To: Planning Commission From: Jon Sevald, Community Development Director Item Title/Subject: Resolution 1145-22; Recommending Approval of a Conditional Use Permit for an Accessory Building Exceeding 952 sq ft; 7975 Long Lake Road PUBLIC HEARING; Resolution 1146-22, Approving a Variance for an Accessory Building to Exceed 18’ in Height, and 35’ in width; 7975 Long Lake Road. Introduction: LaShawn Albert-Hart and Gary Albert are requesting a Conditional Use Permit and Variance to build a large and tall three-car garage. Discussion: The planned detached garage will be 36’ X 28’ (1,008 sq ft), and 24’ in height, from grade to roof peak. Within the R-1 district, a Conditional Use Permit (CUP) is required for garages to exceed 952 sq ft.1 Over-sized garages must be uniformed in appearance to the house, and a maximum of 35’ wide. Each property may have up to three accessory buildings, totaling 1,800 sq ft. There is an existing 120’ sq ft shed. A detached garage was removed in preparation for the proposed garage. The applicant’s home was constructed in 1941, and a two-story addition in 2003, with a 12:12 roof pitch. The proposed garage has a 10:12 roof pitch to make it “uniform in appearance” to the house. Analysis: Conditional Use Permit A CUP may be approved after the Planning Commission has considered possible adverse effects, and has made Findings of Facts in support of the CUP.2 Details are included in Resolution 1145-22. In summary, the Commission must consider the Comprehensive Plan, the location, effect on property values, surrounding character, and the need for the garage. 1 Mounds View City Code §160.088(E) (Accessory building exceeding 952 square feet) 2 Mounds View City Code §§160.450(E) and (G) Item 05A Page 2 of 7 The Mounds View Vision A Thriving Desirable Community Oversized garages are not addressed in the Comprehensive Plan. The addition of a garage is an investment in the property, which should have a positive effect on surrounding property values. Currently, the property does not have a garage, whereas most neighboring homes do. Neighboring homes were built in 1941 (east side of street), and in the 1950’s & 1960’s (west side of street). Most garages are detached, and one or two car’s in size. 8011 Long Lake Road has a 924 sq ft detached garage (two houses north). 7980 Woodlawn Dr (house behind) had an 850 sq ft attached garage. The applicant’s garage will be the largest on the block, but not entirely out of character when considering the size of the house (e.g. tall house). Variance A Variance may be approved if the request meets seven criteria 3, which are detailed in Resolution 1146-22. Commonly, the more difficult criteria to meet is #4; Unique circumstances apply to the property which do not apply to other properties in the same zone or vicinity and result from lot size or shape, topography or other circumstances over which the owner of the property since the enactment of this chapter has had no control. The unique circumstances do not result from the actions of the applicant. The unique circumstance is the City Code’s requirement that an oversized garage be unique in appearance to the house. The 28’ garage depth is more than typical (e.g. 22’ – 24’ depth). However, it is Staff’s opinion that the proposed garage is reasonable. An alternative would be to reduce the garage depth, resulting in reducing the garage height while maintaining a 10:12 or 12:12 roof pitch, or to construct the garage two cars wide, and two cars deep. Either option may still result in a garage taller than 18’, but less than 24’. Strategic Plan Strategy/Goal: Continue BR&E program, maximize utilization of development space and current list of available sites, encourage land owners to maintain their properties, & consider residential redevelopment. Financial Impact: N/A Recommendation: Staff recommends approval. CUP’s for oversized garages are not unusual. In 2021, a CUP was approved for a 28’ X 44’ garage (1,232 sq ft) on Lambert Avenue. In 2020, a CUP was approved for a 26’ X 46’ garage (1,196 sq ft) on County Road H2. 3 Mounds View City Code §160.466(B) (Criteria for Granting Variances) Item 05A Page 3 of 7 The Mounds View Vision A Thriving Desirable Community Respectfully, Jon Sevald, AICP Community Development Director ATTACHED Applicant’s Narrative, January 4, 2022 Site Plan Site Photo Resolution 1145-22, CUP Resolution 1146-22, Variance Application Application Complete 60-Days 120-Days Dec 7, 2021 (CUP) Dec 14, 2022 Feb 14, 2022 4 Apr 14, 2022 Jan 6, 2022 (Variance) Jan 6, 2022 Mar 4, 2022 May 6, 2022 4 The 60-Day Review has been extended to 120-Days, per MN Statute §15.99, Subd 3(f), to allow for a coordinated review of the CUP and Variance. Notice was provided to the applicant on December 21, 2021. Item 05A Page 4 of 7 The Mounds View Vision A Thriving Desirable Community Applicant’s Narrative Item 05A Page 5 of 7 The Mounds View Vision A Thriving Desirable Community Site Plan Item 05A Page 6 of 7 The Mounds View Vision A Thriving Desirable Community Aerial Photo Item 05A Page 7 of 7 The Mounds View Vision A Thriving Desirable Community Site Photos 7975 Long Lake Road (photo Dec 13, 2021) 7975 Long Lake Road. Planned detached garage to be located at end of driveway, in front of parked cars (photo Dec 13, 2021). MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 1145-22 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF A CONDITIONAL USE PERMIT TO ALLOW AN ACCESSORY BUILDING EXCEEDING 952 SQUARE FEET IN AREA, LOCATED AT 7975 LONG LAKE ROAD (PLANNING CASE CU2021-003) WHEREAS, the applicants; LaShawn Albert-Hart, and Gary Albert plan to build a 28’ X 36’ (1,008 sq ft) detached garage on property located at 7975 Long Lake Road, legally described as: PID: 05-30-23-32-0011 Lot 7 of Woodlawn Terrace WHEREAS, Mounds View City Code §160.088(E) states that no accessory building in an R-1 District shall exceed 952 sq ft in area, except by Conditional Use Permit; and, WHEREAS, the property is zoned R-1 Single-Family Residential, and guided Single- Family Detached in the 2040 Comprehensive Plan. The proposed garage is subject to approval of a Conditional Use Permit; and, WHEREAS, the Mounds View Planning Commission has reviewed the Staff Report, submitted plans, and has compared the request to City Code §160.452(B) (Criteria for Granting Conditional Use Permits), and in consideration of public testimony, makes the following Findings of Fact (italics): 1. The use will not create an excessive burden on existing parks, schools, streets and other public facilities and utilities which serve or are proposed to serve the area; Finding: The use will not increase the burden on public facilities. 2. The use will be sufficiently compatible or separated by distance or screening from adjacent residentially zoned or used land so that existing homes will not be depreciated in value and there will be no deterrence to development of vacant land; Finding: The property is residentially zoned, and should have no negative impact to property values. Resolution 1145-22 Page 2 of 3 3. The structure and site shall have an appearance that will not have an adverse effect upon adjacent residential properties; Finding: The detached garage will have a 10:12 roof pitch, similar to the home’s 12:12 roof pitch. The garage should have no adverse effect upon adjacent properties. 4. The use, in the opinion of the City Council, is reasonably related to the overall needs of the city and to the existing land use; Finding: The need for the garage has been demonstrated by the applicant. 5. The use is consistent with the purposes of this chapter and the purposes of the zoning district in which the applicant intends to locate the proposed use; Finding: The oversized garage is permitted with a Conditional Use Permit. The CUP allows for the City to require conditions, limiting the impact the use may have on the character of the neighborhood. 6. The use is not in conflict with the Comprehensive Plan of the city; Finding: The use is not addressed within the Comprehensive Plan. 7. The use will not cause traffic hazards or congestion; and Finding: The use will have no additional traffic impact. 8. Adequate utilities, access roads, drainage and necessary facilities have been or will be provided. Finding: Pubic infrastructure is adequate for the proposed garage. WHEARAS, the City Council will hold a Public Hearing on Monday, February 14, 2022. A Public Hearing notice was published in the Shoreview Press on January 18, 2022, and mailed to property owners within 350’ of the subject property; and, NOW, THEREFORE, BE IT RESOLVED, that the Mounds View Planning Commission recommends approval of a Conditional Use Permit for an Accessory Building exceeding 952 sq ft in area, subject to the following conditions: 1. The applicant shall apply for a Building Permit to construct the Accessory Building within one year of the date of approval of the Conditional Use Permit, or this approval shall become void, consistent with Mounds View City Code §160.452(F) (Lapse of conditional use permit by non-use). Resolution 1145-22 Page 3 of 3 2. The applicant shall build the Accessory Building consistent with plans reviewed by the Planning & Zoning Commission at its February 2, 2022 meeting, and City Council at its February 14, 2022 Public Hearing. The building’s proposed height (greater than 18’) and width (greater than 35’) are contingent upon approval of a Variance by the Planning Commission. NOW, THEREFORE, BE IT FINALLY 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 2nd day of February, 2022. Gary Rundle, Chair ATTEST: Jon Sevald, Community Development Director (SEAL) MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 1146-22 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A VARIANCE TO ALLOW AN ACCESSORY BUILDING TO EXCEED 18-FEET IN HEIGHT, AND TO EXCEED 35-FEET IN WIDTH, LOCATED AT 7975 LONG LAKE ROAD (PLANNING CASE CU2021-003) WHEREAS, the applicants; LaShawn Albert-Hart, and Gary Albert plan to build a 28’ X 36’ (1,008 sq ft) detached garage, 24’ in height, on property located at 7975 Long Lake Road, legally described as: PID: 05-30-23-32-0011 Lot 7 of Woodlawn Terrace WHEREAS, Mounds View City Code §160.087(A)(2) limits Accessory Buildings to a height of 18’, or the height of the home (whichever is less); and, WHEREAS, Mounds View City Code §160.088(E)(4) limits Accessory Buildings exceeding 952 sq ft to a width not exceeding 35’; and, WHEREAS, Mounds View City Code §160.466 states (paraphrased) that a variance may be issued to provide relief to the landowner in those cases where the City Code imposes practical difficulties to the property owner in the use of their land. A variance may be granted only in the event that all of the following circumstances exist (Findings in italics); 1. The variance is in harmony with the general purposes and intent of this chapter; Finding: The property is zoned R-1 Single Family Residential. Accessory Buildings are a permitted Accessory Use. The requested Variance is in harmony with purposes and intent of the City Code. 2. The variance is consistent with the Comprehensive Plan; Finding: The requested Variance is not applicable to the Comprehensive Plan. 3. The applicant proposes to use the property in a reasonable manner not permitted by this chapter or the city code; Resolution 1146-22 Page 2 of 3 Finding: The requested Variance is reasonable. The proposed 24’ garage height will have a 10:12 roof pitch, similar to the home’s 12:12 roof pitch. The garage’s 36’ width is reasonable for a 3-car garage. 4. Unique circumstances apply to the property which do not apply to other properties in the same zone or vicinity and result from lot size or shape, topography or other circumstances over which the owner of the property since the enactment of this chapter has had no control. The unique circumstances do not result from the actions of the applicant; Finding: The home was built in 1941. In 2003, the applicant constructed a two- story addition, with a 12:12 roof pitch. Mounds View City Code §160.088(E)(3) requires that accessory buildings exceeding 952 sq ft, “shall be designed and maintained to provide a uniform appearance with the dwelling unit.” The proposed 1,008 sq ft garage will have a 10:12 roof pitch, similar to the home. In order to achieve a uniform appearance, a variance to exceed 18’ in garage height is necessary (24’ proposed). The unique circumstance is the home’s roof pitch, and the requirement of maintaining a uniform appearance. 5. The variance does not alter the essential character of the neighborhood; Finding: The proposed 24’ tall, 36’ wide garage, will not alter the essential character of the neighborhood. The proposed garage will be shorter than the neighboring two-story home. 6. The variance requested is the minimum variance which would alleviate the practical difficulties. Economic conditions alone do not constitute practical difficulties; and Finding: The variance requested is the minimum to alleviate the practical difficulties. 7. The Board of Adjustment and Appeals may impose such conditions upon the premises benefitted by a variance as may be necessary to comply with the standards established by this chapter or to reduce or minimize the effect of the variance upon other properties in the neighborhood and to better carry out the intent of the variance. The condition must be directly related to and must bear a rough proportionality to the impact created by the variance. WHEREAS, a Public Hearing notice was published by the Shoreview Press on January 18, 2022, and mailed to property owners within 350’ of the subject property. The Planning Commission conducted a Public Hearing on February 2, 2022. NOW, THEREFORE BE IT RESOLVED, in consideration of the application, the Staff Report, and public testimony, the Mounds View Planning and Zoning Commission, acting as the Resolution 1146-22 Page 3 of 3 Board of Adjustment, hereby approves a Variance to allow an Accessory Building to exceed 18’ in height, and 35’ in width, with the following conditions: 1. Approval of this Variance is contingent upon the City Council’s approval of a Conditional Use Permit for an Accessory Building exceeding 952 sq ft in area. 2. The applicant shall apply for a Building Permit to construct the Accessory Building within one year of the date of approval of the Conditional Use Permit, or this Variance approval shall become void, consistent with Mounds View City Code §160.469 (Lapse of Variance or Appeal). 3. The applicant shall build the Accessory Building consistent with plans reviewed by the Planning & Zoning Commission at its February 2, 2022 meeting (e.g. the detached garage shall be no more than 24’ tall, and 36’ wide). Adopted this 2nd day of February, 2022. Gary Rundle, Chair ATTEST: Jon Sevald, Community Development Director (SEAL) Item No: 07A Meeting Date: Feb 2, 2022 Type of Business: Other City of Mounds View Staff Report To: Mounds View Planning Commission From: Jon Sevald, Community Development Director Item Title/Subject: Annual Review of Planning Commission Bylaws Introduction The Planning & Zoning Commission Bylaws establish the rules for the Planning Commission. Section II(B) requires that the Bylaws be reviewed annually at the Commission’s first meeting in February. Discussion The Bylaws were last amended on February 5, 2020. Staff is not proposing any changes to the Bylaws at this time. Recommendation The Planning Commission is requested to review the Bylaws. If changes are needed, Staff will prepare a report and resolution for a future Commission meeting. Strategic Plan Strategy/Goal N/A Financial Impact N/A Respectfully submitted, ________________________ Jon Sevald, AICP Community Development Director Attachments Planning & Zoning Commission Bylaws CITY OF MOUNDS VIEW PLANNING AND ZONING COMMISSION BYLAWS (Revised February 5, 2020) I. AUTHORITY: The Bylaws of the Mounds View Planning and Zoning Commission (Bylaws) are established in accordance with the Mounds View Municipal Code Section 401.06. Subd. 7 “The Commission shall adopt bylaws for its governance and for the transaction of its business.” Where there is a conflict between the provisions of the Bylaws and the provisions of the City Charter and the Municipal Code, the provisions of the City Charter and the Municipal Code shall govern. (For purposes of simplicity, the Planning and Zoning Commission may hereinafter be referred to as the Planning Commission or the Commission.) II. ADOPTION OF BYLAWS; REVIEW AND AMENDMENT: A. ADOPTION AND AMENDMENT: The Bylaws shall be adopted by Resolution by an affirmative vote of the majority of members of the Planning and Zoning Commission appointed as voting members, and shall be placed on file with the City Administrator and the Community Development Department. A copy of the bylaws shall be forwarded to the City Council for its information. Any amendments to the Bylaws shall be adopted by Resolution in the same manner as the original Bylaws. B. ANNUAL REVIEW: The Bylaws shall be reviewed on an annual basis at the first regular meeting of the Commission in February. III. MEMBERSHIP AND VACANCIES. Vacancies on the Planning Commission shall be filled in accordance with the Municipal Code, Sections 401.02 and 401.03. IV. OFFICERS A. OFFICERS NAMED: The officers of the Planning Commission shall consist of a chairperson and vice-chairperson. The Commission may create and fill such other offices from its members, as it may determine, to transact Commission business. In addition, the City Administrator, or his or her designee, shall act as the recording secretary for the Commission for purpose of preparing meeting minutes. B. ELECTIONS; TERMS 1. Chairperson: At the first meeting in January, the Commission shall conduct an election in order to make its recommendation for the chairperson, following the procedure in Section IV.B.3. The name of the person recommended for chairperson shall be forwarded to the City Council for action at its next meeting in January. Based upon the recommendation of 2 the Planning Commission, the Mayor, with the approval of the City Council, shall appoint the chairperson of the Commission each year. 2. Vice-Chairperson: The Planning Commission shall elect a vice-chairperson each year at its first meeting in January, following the procedure in Section IV.B.3. 3. Election Procedure: For each office, the chairperson shall invite nominations from Planning Commission members. After nominations have been received, the chairperson shall entertain a motion to close nominations. If such motion is made and passed, and more than one nomination has been made, the chairperson shall distribute ballots to the Commission members and each member shall write his or her selection on the ballot. The recording secretary shall tally the ballots and announce the nominee receiving the most votes. In the event of a tie, the recording secretary shall announce the nominees tied in the voting and balloting shall be repeated until an election occurs. If only one nomination has been received, the chairperson may conduct the voting by voice vote. If a majority of the members present vote in the affirmative for the nominee, the nominee shall be elected. 4. Assumption of Duties: The Chairperson and Vice Chairperson shall assume office at the first meeting in February of each year. 5. Term of Office: The chairperson and vice chairperson shall serve one year terms, and may be re-elected to additional terms in accordance with this Section IV.B. C. DUTIES OF OFFICERS: The chairperson shall preside over the meetings of the Planning Commission, and shall have the authority to add or cancel regular meetings and to call special meetings as provided in Section VI. The Chair shall have the authority to redirect public comment unrelated to the Commission’s business to the most appropriate City commission or to the City Council. The vice chairperson shall assume the duties of the chairperson, in the absence of the chairperson. In the event of the absence of both the chairperson and vice-chairperson, those members present shall elect a temporary chairperson to preside over the meeting. V. COUNCIL LIAISON: The City Council may appoint from among its members a Liaison to the Commission on an annual basis. It is expected that the Council Liaison will attend the Commission meetings on a regular basis. In the event of the absence of the Council Liaison at a Commission meeting, a Commission member may be appointed by the chairperson to represent the Planning Commission at the next regular City Council meeting or at the meeting where the City Council will be considering the planning cases acted upon by the Planning Commission in the absence of the Council Liaison. VI. MEETINGS A. TYPES OF MEETINGS; SCHEDULE: The annual meeting schedule of the 3 Commission shall be adopted by Resolution at the first regular meeting in December for the following year. 1. Regular Meetings: Subject to the adopted meeting schedule, the Commission’s regular meetings will occur on the first and third Wednesdays of each month for the purpose of convening public hearings, making recommendations to the City Council, conducting business which requires a vote of the Commission, convening as the Board of Adjustment and Appeals, conducting long-range planning functions and other official business. 2. Special Meetings: From time to time, special meetings may be called in order to process significant caseloads, to review works in progress such as comprehensive plan updates or municipal code revisions, or to undertake a retreat or strategic planning session, either amongst itself or in the company of the City Council or other commissions. Special meetings can be proposed by any Commission member or at the request of the City Administrator, or designated staff liaison, yet must be approved by a majority vote of the Commission. 3. Emergency Special Meetings. Emergency special meetings can be called via written notice to the City Administrator, or designated staff liaison, by the Chairperson or two Commission members, or by the City Administrator, or designated staff liaison. (Emergency special meetings are those in which the subject matter is of such an immediate concern that it cannot be delayed until the next regular meeting of the Planning Commission.) The City Administrator, or designated staff liaison, shall post and mail a notice of any special meeting in accordance with State Statutes. Planning Commission members shall be notified by telephone and in writing, if possible, at least seven days prior to a special meeting. 4. Cancellation of Meetings: Regular or special meetings may be canceled by the chairperson or City Administrator, or designated staff liaison, in the event that there are no items of business requiring the attention of the Commission, or for lack of a quorum, or in response to inclement weather or for any other good and sufficient reason. Members of the Commission shall be notified by telephone and/or other means of communications, of any meeting cancellation. A notice of the meeting cancellation shall be posted as required by State Statutes. B. QUORUM: A majority of the number of voting members appointed to the Commission shall constitute a quorum. C. CONDUCT OF MEETINGS; ADJOURNMENT 1. Meeting Chairperson: If neither the chairperson nor the vice chairperson is present to conduct a meeting of the Planning Commission, the Planning Commission may elect a meeting chair from among those members present prior to the commencement of business. The election shall follow the procedures set forth in Section IV.B.3, except that the Community Development Director, or his or her designee, shall conduct the election. 2. Open Meeting Law: Meetings shall be conducted in accordance with the 4 State of Minnesota Open Meeting Law (Minn. Statutes 471.705). 3. Adjournment: Meetings shall adjourn at or before 11:00 p.m. unless a two- thirds majority of the members present agree to extend the time of adjournment. If there is no objection, the Chairperson may declare the meeting adjourned without the necessity of a motion or vote by the Commission. D. MINUTES: Minutes shall be recorded for regular meetings and each commission member shall receive a copy of the unapproved minutes for review and approval at a succeeding meeting. Minutes shall be approved by motion. Approved minutes shall be the official record of the business conducted and actions taken by the Planning Commission. Commission members may request copies of approved minutes after they have been corrected, if necessary, and signed as approved. Copies of the approved minutes shall be filed with the Community Development Department. Unapproved minutes shall be clearly marked “DRAFT”; approved minutes shall be marked “APPROVED”. A policy statement regarding the content and format of the minutes shall be on file with the Community Development Department which may be reviewed from time to time as needed. VII. INFORMATIONAL PACKETS: Each Commissioner shall receive a staff report, plans and additional information, as appropriate, for each item placed on the agenda for any regular or special meeting. The Commission packet should be delivered at least four days prior to the meeting. Each Commissioner is responsible for reviewing the material within the packet prior to the meeting. VIII. PROFESSIONAL CONSULTANTS: Advice from, consultation with, and/or requests for review by the City Attorney, City Engineer, City Planning Agency, or other paid consultants shall be in accordance with the Municipal Code, Section 401.07. IX. SUPPLEMENTARY PUBLICATIONS: All Commission members shall receive a copy of the Mounds View Municipal Code and a copy of the Municipal Comprehensive Plan as well as other materials provided by the City Council or City Staff. These materials shall be retained by each commission member and returned to the City Administrator, or designated staff liaison upon the member’s resignation or termination of appointment. X. CONDUCT OF MEMBERS A. ATTENDANCE: Commission members shall advise the designated Staff member or the Commission chairperson of an anticipated absence from any regularly scheduled Planning Commission meeting. Any member absent from three consecutive regularly scheduled meetings or more than six regularly scheduled meetings per year without the consent of the Commission shall be deemed to have vacated the office, and such vacancy shall be filled by the City Council pursuant to Section 401.03, Subd. 1. A leave of absence may be granted by the consent of the Commission. 5 B. CONFLICT OF INTEREST: 1. General Standard: No Commissioner shall be appointed with private or personal interests likely to conflict with the general public interest. If any person appointed to the Commission shall find that their private or personal interests are involved in any matter coming before the Commission, they shall disqualify themselves from taking part in any discussion or action on the matter; alternatively, they may be disqualified by a two-thirds (2/3) majority vote of the Commissioners in attendance. 2. Conflict Due to Economic Interests: A Commissioner has a conflict of interest if, in his or her discharge of official duties, would be required to take an action or make a decision that would substantially affect the Commissioner’s financial interests or those of an associated business, unless the effect on the Commissioner is no greater than on other members of the Commissioner’s business classification, profession, or occupation. In the event a conflict of interest exists with respect to a particular matter before the Commission, the Commissioner shall disqualify himself or herself from taking part in any discussion or action on the matter. C. EX PARTE CONTACTS: Ex parte contacts are contacts between individuals seeking to influence the decisions of the Planning Commission and individual Commission members outside the meeting forum. Such contacts may include communications with project applicants, supporters and opponents. When the Planning Commission is involved in a matter which is to be heard and decided by the Commission (e.g. variances), Planning Commissioners shall indicate to the person contacting them that such communication and all testimony needs to be offered at the hearing to ensure a fair hearing for all parties. The intent is for Planning Commissioners to make their decisions based on the same information provided to all Planning Commissioners. Planning Commissioners should avoid expressing any opinion as to the merits of the case outside of Commission meetings. When ex parte contacts occur, the Planning Commissioner is responsible for notifying appropriate City staff and for conveying the substance of any ex parte communication to other Commission members at the next commission meeting at which the matter discussed is under consideration. ___________________________ Gary Stevenson, Chairperson ATTEST: ___________________________ Nyle Zikmund, City Administrator Revision History: February 5, 2020 April 5, 2017 March 16, 2016 January 24, 2007 September 1, 2004 February 21, 2001 February 2, 2000 March 5, 1997 February 3, 1993 October 1990 DRAFT PROCEEDINGS OF THE MOUNDS VIEW PLANNING COMMISSION CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting January 19, 2022 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 6:30 p.m. for January 19, 2022. ______________________________________________________________________________ 2. Roll Call Members Present: Commissioners Curtis, Farmer, Munson, Nelson, Rundle, and Stevenson. Absent and Excused: Commissioner French. Also Present: Community Development Director Jon Sevald and Council Member Gary Meehlhause. Index to Minutes Page Oath of Office for Commissioners 1 Resolution 1144-22; Recommending a Planning Commission Chair, 2 and Appointing a Vice Chair Approval of Minutes 3 _____________________________________________________________________________ 3. Special Order of Business A. Oath of Office for Commissioner Curtis, Commissioner French and Commissioner Nelson Community Development Director Sevald administered the Oath of Office to Commissioner Curtis and Commissioner Nelson. Mounds View Planning Commission January 19, 2022 Regular Meeting Page 2 ________________________________________________________________________ B. Resolution 1144-22; Recommending a Planning Commission Chair, and Appointing a Vice Chair Community Development Director Sevald requested the Commission adopt a Resolution recommending a Chair and appointing a Vice Chair for the Planning Commission. Commissioner Stevenson nominated Gary Rundle for Chair of the Planning Commission. Commissioner Nelson nominated Dennis Farmer for Vice Chair of the Planning Commission. MOTION/SECOND: Commissioner Nelson/Commissioner Munson. To approve Resolution 1144-22, a Resolution Recommending Approval a Planning Commission Chair, and Appointing a Vice Chair. Ayes – 6 Nays – 0 Motion carried. 4. Citizens Requests and Comments on Items Not on the Agenda None. 5. Planning Cases None. 6. Other Planning Activity None. 7. Reports A. Upcoming Planning Cases & Activity Community Development Director Sevald discussed upcoming planning cases with the Commission. He reported the Commission would be reviewing a conditional use permit and variance for a detached garage on February 2. B. Staff Updates Community Development Director Sevald provided the Commission with an update from staff. He reviewed the fourth quarter update from the Community Development Department. He reported the 2040 Comprehensive Plan was approved and amended in December. Mounds View Planning Commission January 19, 2022 Regular Meeting Page 3 ________________________________________________________________________ C. Council Updates Council Member Meehlhause provided the Planning Commission with an update from the City Council. He reported the Council voted against the kennel request that was previously reviewed by the Planning Commission. He commented on the improvements that would occur around the City Hall campus. He explained the EDA approved a TIF District for the redevelopment of the Skyline property which would become the Villas of Mounds View. He stated Officer Pete Burling recently retired and the police department would be going through the interview process. In addition, he noted K-9 Officer Niko retired in December. It was noted the playground at Random Park would be upgraded this summer. He thanked Commissioner Curtis for his willingness to serve on the Planning Commission. He then commented on the levy and budget that was approved for 2022, and explained the Council approved a Charter amendment to adjust the levy limit. Council Member Meehlhause indicated future CUP requests will be brought to the Council for consideration at a worksession meeting prior to coming to the Planning Commission. Further discussion ensued regarding the process that would be followed for CUP requests. The Commission expressed concern with the new process that would be followed for CUP’s and that there be adequate transparency with the public. The Commission requested that when CUP’s are discussed by the Council at work sessions, that details of these discussions be provided to the Commission. D. Planning Commissioner Reports None. 8. Approval of Minutes November 17, 2021. MOTION/SECOND: Commissioner Nelson/Commissioner Munson. To approve the Minutes of the November 17, 2021 regular Planning Commission meetings as presented. Ayes – 6 Nays – 0 Motion carried. 9. Next Planning Commission Meeting: A. Wednesday, February 2, 2022 B. Wednesday, February 16, 2022 Mounds View Planning Commission January 19, 2022 Regular Meeting Page 4 ________________________________________________________________________ 10. Adjournment There being no further business before the Planning Commission, Chair Rundle adjourned the meeting at 7:19 p.m. ______________________________________________________________________________ Respectfully submitted, Jon Sevald Community Development Director Transcribed by: Heidi Guenther Minute Maker Secretarial PLANNING COMMISSION Oath of Office I, Jason French, do solemnly swear, to support the Constitution of the United States, and of this state, and to discharge faithfully the duties, devolving upon me as a member of the Planning Commission of the City of Mounds View, to the best of my judgment and ability. Sworn before me this 2nd day of February, 2022. _______________________________ Jason French (SEAL) _______________________________ Jon Sevald Community Development Director The Mounds View Vision A Thriving Desirable Community Item No: 05A Meeting Date: Feb 2, 2022 Type of Business Planning Case Planning Case CU2021-003 City of Mounds View Staff Report To: Planning Commission From: Jon Sevald, Community Development Director Item Title/Subject: Resolution 1145-22; Recommending Approval of a Conditional Use Permit for an Accessory Building Exceeding 952 sq ft; 7975 Long Lake Road PUBLIC HEARING; Resolution 1146-22, Approving a Variance for an Accessory Building to Exceed 18’ in Height, and 35’ in width; 7975 Long Lake Road. Introduction: LaShawn Albert-Hart and Gary Albert are requesting a Conditional Use Permit and Variance to build a large and tall three-car garage. Discussion: The planned detached garage will be 36’ X 28’ (1,008 sq ft), and 24’ in height, from grade to roof peak. Within the R-1 district, a Conditional Use Permit (CUP) is required for garages to exceed 952 sq ft.1 Over-sized garages must be uniformed in appearance to the house, and a maximum of 35’ wide. Each property may have up to three accessory buildings, totaling 1,800 sq ft. There is an existing 120’ sq ft shed. A detached garage was removed in preparation for the proposed garage. The applicant’s home was constructed in 1941, and a two-story addition in 2003, with a 12:12 roof pitch. The proposed garage has a 10:12 roof pitch to make it “uniform in appearance” to the house. Analysis: Conditional Use Permit A CUP may be approved after the Planning Commission has considered possible adverse effects, and has made Findings of Facts in support of the CUP.2 Details are included in Resolution 1145-22. In summary, the Commission must consider the Comprehensive Plan, the location, effect on property values, surrounding character, and the need for the garage. 1 Mounds View City Code §160.088(E) (Accessory building exceeding 952 square feet) 2 Mounds View City Code §§160.450(E) and (G) Item 05A Page 2 of 7 The Mounds View Vision A Thriving Desirable Community Oversized garages are not addressed in the Comprehensive Plan. The addition of a garage is an investment in the property, which should have a positive effect on surrounding property values. Currently, the property does not have a garage, whereas most neighboring homes do. Neighboring homes were built in 1941 (east side of street), and in the 1950’s & 1960’s (west side of street). Most garages are detached, and one or two car’s in size. 8011 Long Lake Road has a 924 sq ft detached garage (two houses north). 7980 Woodlawn Dr (house behind) had an 850 sq ft attached garage. The applicant’s garage will be the largest on the block, but not entirely out of character when considering the size of the house (e.g. tall house). Variance A Variance may be approved if the request meets seven criteria 3, which are detailed in Resolution 1146-22. Commonly, the more difficult criteria to meet is #4; Unique circumstances apply to the property which do not apply to other properties in the same zone or vicinity and result from lot size or shape, topography or other circumstances over which the owner of the property since the enactment of this chapter has had no control. The unique circumstances do not result from the actions of the applicant. The unique circumstance is the City Code’s requirement that an oversized garage be unique in appearance to the house. The 28’ garage depth is more than typical (e.g. 22’ – 24’ depth). However, it is Staff’s opinion that the proposed garage is reasonable. An alternative would be to reduce the garage depth, resulting in reducing the garage height while maintaining a 10:12 or 12:12 roof pitch, or to construct the garage two cars wide, and two cars deep. Either option may still result in a garage taller than 18’, but less than 24’. Strategic Plan Strategy/Goal: Continue BR&E program, maximize utilization of development space and current list of available sites, encourage land owners to maintain their properties, & consider residential redevelopment. Financial Impact: N/A Recommendation: Staff recommends approval. CUP’s for oversized garages are not unusual. In 2021, a CUP was approved for a 28’ X 44’ garage (1,232 sq ft) on Lambert Avenue. In 2020, a CUP was approved for a 26’ X 46’ garage (1,196 sq ft) on County Road H2. 3 Mounds View City Code §160.466(B) (Criteria for Granting Variances) Item 05A Page 3 of 7 The Mounds View Vision A Thriving Desirable Community Respectfully, Jon Sevald, AICP Community Development Director ATTACHED Applicant’s Narrative, January 4, 2022 Site Plan Site Photo Resolution 1145-22, CUP Resolution 1146-22, Variance Application Application Complete 60-Days 120-Days Dec 7, 2021 (CUP) Dec 14, 2022 Feb 14, 2022 4 Apr 14, 2022 Jan 6, 2022 (Variance) Jan 6, 2022 Mar 4, 2022 May 6, 2022 4 The 60-Day Review has been extended to 120-Days, per MN Statute §15.99, Subd 3(f), to allow for a coordinated review of the CUP and Variance. Notice was provided to the applicant on December 21, 2021. Item 05A Page 4 of 7 The Mounds View Vision A Thriving Desirable Community Applicant’s Narrative Item 05A Page 5 of 7 The Mounds View Vision A Thriving Desirable Community Site Plan Item 05A Page 6 of 7 The Mounds View Vision A Thriving Desirable Community Aerial Photo Item 05A Page 7 of 7 The Mounds View Vision A Thriving Desirable Community Site Photos 7975 Long Lake Road (photo Dec 13, 2021) 7975 Long Lake Road. Planned detached garage to be located at end of driveway, in front of parked cars (photo Dec 13, 2021). MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 1145-22 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF A CONDITIONAL USE PERMIT TO ALLOW AN ACCESSORY BUILDING EXCEEDING 952 SQUARE FEET IN AREA, LOCATED AT 7975 LONG LAKE ROAD (PLANNING CASE CU2021-003) WHEREAS, the applicants; LaShawn Albert-Hart, and Gary Albert plan to build a 28’ X 36’ (1,008 sq ft) detached garage on property located at 7975 Long Lake Road, legally described as: PID: 05-30-23-32-0011 Lot 7 of Woodlawn Terrace WHEREAS, Mounds View City Code §160.088(E) states that no accessory building in an R-1 District shall exceed 952 sq ft in area, except by Conditional Use Permit; and, WHEREAS, the property is zoned R-1 Single-Family Residential, and guided Single- Family Detached in the 2040 Comprehensive Plan. The proposed garage is subject to approval of a Conditional Use Permit; and, WHEREAS, the Mounds View Planning Commission has reviewed the Staff Report, submitted plans, and has compared the request to City Code §160.452(B) (Criteria for Granting Conditional Use Permits), and in consideration of public testimony, makes the following Findings of Fact (italics): 1. The use will not create an excessive burden on existing parks, schools, streets and other public facilities and utilities which serve or are proposed to serve the area; Finding: The use will not increase the burden on public facilities. 2. The use will be sufficiently compatible or separated by distance or screening from adjacent residentially zoned or used land so that existing homes will not be depreciated in value and there will be no deterrence to development of vacant land; Finding: The property is residentially zoned, and should have no negative impact to property values. Resolution 1145-22 Page 2 of 3 3. The structure and site shall have an appearance that will not have an adverse effect upon adjacent residential properties; Finding: The detached garage will have a 10:12 roof pitch, similar to the home’s 12:12 roof pitch. The garage should have no adverse effect upon adjacent properties. 4. The use, in the opinion of the City Council, is reasonably related to the overall needs of the city and to the existing land use; Finding: The need for the garage has been demonstrated by the applicant. 5. The use is consistent with the purposes of this chapter and the purposes of the zoning district in which the applicant intends to locate the proposed use; Finding: The oversized garage is permitted with a Conditional Use Permit. The CUP allows for the City to require conditions, limiting the impact the use may have on the character of the neighborhood. 6. The use is not in conflict with the Comprehensive Plan of the city; Finding: The use is not addressed within the Comprehensive Plan. 7. The use will not cause traffic hazards or congestion; and Finding: The use will have no additional traffic impact. 8. Adequate utilities, access roads, drainage and necessary facilities have been or will be provided. Finding: Pubic infrastructure is adequate for the proposed garage. WHEARAS, the City Council will hold a Public Hearing on Monday, February 14, 2022. A Public Hearing notice was published in the Shoreview Press on January 18, 2022, and mailed to property owners within 350’ of the subject property; and, NOW, THEREFORE, BE IT RESOLVED, that the Mounds View Planning Commission recommends approval of a Conditional Use Permit for an Accessory Building exceeding 952 sq ft in area, subject to the following conditions: 1. The applicant shall apply for a Building Permit to construct the Accessory Building within one year of the date of approval of the Conditional Use Permit, or this approval shall become void, consistent with Mounds View City Code §160.452(F) (Lapse of conditional use permit by non-use). Resolution 1145-22 Page 3 of 3 2. The applicant shall build the Accessory Building consistent with plans reviewed by the Planning & Zoning Commission at its February 2, 2022 meeting, and City Council at its February 14, 2022 Public Hearing. The building’s proposed height (greater than 18’) and width (greater than 35’) are contingent upon approval of a Variance by the Planning Commission. NOW, THEREFORE, BE IT FINALLY 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 2nd day of February, 2022. Gary Rundle, Chair ATTEST: Jon Sevald, Community Development Director (SEAL) MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 1146-22 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A VARIANCE TO ALLOW AN ACCESSORY BUILDING TO EXCEED 18-FEET IN HEIGHT, AND TO EXCEED 35-FEET IN WIDTH, LOCATED AT 7975 LONG LAKE ROAD (PLANNING CASE CU2021-003) WHEREAS, the applicants; LaShawn Albert-Hart, and Gary Albert plan to build a 28’ X 36’ (1,008 sq ft) detached garage, 24’ in height, on property located at 7975 Long Lake Road, legally described as: PID: 05-30-23-32-0011 Lot 7 of Woodlawn Terrace WHEREAS, Mounds View City Code §160.087(A)(2) limits Accessory Buildings to a height of 18’, or the height of the home (whichever is less); and, WHEREAS, Mounds View City Code §160.088(E)(4) limits Accessory Buildings exceeding 952 sq ft to a width not exceeding 35’; and, WHEREAS, Mounds View City Code §160.466 states (paraphrased) that a variance may be issued to provide relief to the landowner in those cases where the City Code imposes practical difficulties to the property owner in the use of their land. A variance may be granted only in the event that all of the following circumstances exist (Findings in italics); 1. The variance is in harmony with the general purposes and intent of this chapter; Finding: The property is zoned R-1 Single Family Residential. Accessory Buildings are a permitted Accessory Use. The requested Variance is in harmony with purposes and intent of the City Code. 2. The variance is consistent with the Comprehensive Plan; Finding: The requested Variance is not applicable to the Comprehensive Plan. 3. The applicant proposes to use the property in a reasonable manner not permitted by this chapter or the city code; Resolution 1146-22 Page 2 of 3 Finding: The requested Variance is reasonable. The proposed 24’ garage height will have a 10:12 roof pitch, similar to the home’s 12:12 roof pitch. The garage’s 36’ width is reasonable for a 3-car garage. 4. Unique circumstances apply to the property which do not apply to other properties in the same zone or vicinity and result from lot size or shape, topography or other circumstances over which the owner of the property since the enactment of this chapter has had no control. The unique circumstances do not result from the actions of the applicant; Finding: The home was built in 1941. In 2003, the applicant constructed a two- story addition, with a 12:12 roof pitch. Mounds View City Code §160.088(E)(3) requires that accessory buildings exceeding 952 sq ft, “shall be designed and maintained to provide a uniform appearance with the dwelling unit.” The proposed 1,008 sq ft garage will have a 10:12 roof pitch, similar to the home. In order to achieve a uniform appearance, a variance to exceed 18’ in garage height is necessary (24’ proposed). The unique circumstance is the home’s roof pitch, and the requirement of maintaining a uniform appearance. 5. The variance does not alter the essential character of the neighborhood; Finding: The proposed 24’ tall, 36’ wide garage, will not alter the essential character of the neighborhood. The proposed garage will be shorter than the neighboring two-story home. 6. The variance requested is the minimum variance which would alleviate the practical difficulties. Economic conditions alone do not constitute practical difficulties; and Finding: The variance requested is the minimum to alleviate the practical difficulties. 7. The Board of Adjustment and Appeals may impose such conditions upon the premises benefitted by a variance as may be necessary to comply with the standards established by this chapter or to reduce or minimize the effect of the variance upon other properties in the neighborhood and to better carry out the intent of the variance. The condition must be directly related to and must bear a rough proportionality to the impact created by the variance. WHEREAS, a Public Hearing notice was published by the Shoreview Press on January 18, 2022, and mailed to property owners within 350’ of the subject property. The Planning Commission conducted a Public Hearing on February 2, 2022. NOW, THEREFORE BE IT RESOLVED, in consideration of the application, the Staff Report, and public testimony, the Mounds View Planning and Zoning Commission, acting as the Resolution 1146-22 Page 3 of 3 Board of Adjustment, hereby approves a Variance to allow an Accessory Building to exceed 18’ in height, and 35’ in width, with the following conditions: 1. Approval of this Variance is contingent upon the City Council’s approval of a Conditional Use Permit for an Accessory Building exceeding 952 sq ft in area. 2. The applicant shall apply for a Building Permit to construct the Accessory Building within one year of the date of approval of the Conditional Use Permit, or this Variance approval shall become void, consistent with Mounds View City Code §160.469 (Lapse of Variance or Appeal). 3. The applicant shall build the Accessory Building consistent with plans reviewed by the Planning & Zoning Commission at its February 2, 2022 meeting (e.g. the detached garage shall be no more than 24’ tall, and 36’ wide). Adopted this 2nd day of February, 2022. Gary Rundle, Chair ATTEST: Jon Sevald, Community Development Director (SEAL) Item No: 07A Meeting Date: Feb 2, 2022 Type of Business: Other City of Mounds View Staff Report To: Mounds View Planning Commission From: Jon Sevald, Community Development Director Item Title/Subject: Annual Review of Planning Commission Bylaws Introduction The Planning & Zoning Commission Bylaws establish the rules for the Planning Commission. Section II(B) requires that the Bylaws be reviewed annually at the Commission’s first meeting in February. Discussion The Bylaws were last amended on February 5, 2020. Staff is not proposing any changes to the Bylaws at this time. Recommendation The Planning Commission is requested to review the Bylaws. If changes are needed, Staff will prepare a report and resolution for a future Commission meeting. Strategic Plan Strategy/Goal N/A Financial Impact N/A Respectfully submitted, ________________________ Jon Sevald, AICP Community Development Director Attachments Planning & Zoning Commission Bylaws CITY OF MOUNDS VIEW PLANNING AND ZONING COMMISSION BYLAWS (Revised February 5, 2020) I. AUTHORITY: The Bylaws of the Mounds View Planning and Zoning Commission (Bylaws) are established in accordance with the Mounds View Municipal Code Section 401.06. Subd. 7 “The Commission shall adopt bylaws for its governance and for the transaction of its business.” Where there is a conflict between the provisions of the Bylaws and the provisions of the City Charter and the Municipal Code, the provisions of the City Charter and the Municipal Code shall govern. (For purposes of simplicity, the Planning and Zoning Commission may hereinafter be referred to as the Planning Commission or the Commission.) II. ADOPTION OF BYLAWS; REVIEW AND AMENDMENT: A. ADOPTION AND AMENDMENT: The Bylaws shall be adopted by Resolution by an affirmative vote of the majority of members of the Planning and Zoning Commission appointed as voting members, and shall be placed on file with the City Administrator and the Community Development Department. A copy of the bylaws shall be forwarded to the City Council for its information. Any amendments to the Bylaws shall be adopted by Resolution in the same manner as the original Bylaws. B. ANNUAL REVIEW: The Bylaws shall be reviewed on an annual basis at the first regular meeting of the Commission in February. III. MEMBERSHIP AND VACANCIES. Vacancies on the Planning Commission shall be filled in accordance with the Municipal Code, Sections 401.02 and 401.03. IV. OFFICERS A. OFFICERS NAMED: The officers of the Planning Commission shall consist of a chairperson and vice-chairperson. The Commission may create and fill such other offices from its members, as it may determine, to transact Commission business. In addition, the City Administrator, or his or her designee, shall act as the recording secretary for the Commission for purpose of preparing meeting minutes. B. ELECTIONS; TERMS 1. Chairperson: At the first meeting in January, the Commission shall conduct an election in order to make its recommendation for the chairperson, following the procedure in Section IV.B.3. The name of the person recommended for chairperson shall be forwarded to the City Council for action at its next meeting in January. Based upon the recommendation of 2 the Planning Commission, the Mayor, with the approval of the City Council, shall appoint the chairperson of the Commission each year. 2. Vice-Chairperson: The Planning Commission shall elect a vice-chairperson each year at its first meeting in January, following the procedure in Section IV.B.3. 3. Election Procedure: For each office, the chairperson shall invite nominations from Planning Commission members. After nominations have been received, the chairperson shall entertain a motion to close nominations. If such motion is made and passed, and more than one nomination has been made, the chairperson shall distribute ballots to the Commission members and each member shall write his or her selection on the ballot. The recording secretary shall tally the ballots and announce the nominee receiving the most votes. In the event of a tie, the recording secretary shall announce the nominees tied in the voting and balloting shall be repeated until an election occurs. If only one nomination has been received, the chairperson may conduct the voting by voice vote. If a majority of the members present vote in the affirmative for the nominee, the nominee shall be elected. 4. Assumption of Duties: The Chairperson and Vice Chairperson shall assume office at the first meeting in February of each year. 5. Term of Office: The chairperson and vice chairperson shall serve one year terms, and may be re-elected to additional terms in accordance with this Section IV.B. C. DUTIES OF OFFICERS: The chairperson shall preside over the meetings of the Planning Commission, and shall have the authority to add or cancel regular meetings and to call special meetings as provided in Section VI. The Chair shall have the authority to redirect public comment unrelated to the Commission’s business to the most appropriate City commission or to the City Council. The vice chairperson shall assume the duties of the chairperson, in the absence of the chairperson. In the event of the absence of both the chairperson and vice-chairperson, those members present shall elect a temporary chairperson to preside over the meeting. V. COUNCIL LIAISON: The City Council may appoint from among its members a Liaison to the Commission on an annual basis. It is expected that the Council Liaison will attend the Commission meetings on a regular basis. In the event of the absence of the Council Liaison at a Commission meeting, a Commission member may be appointed by the chairperson to represent the Planning Commission at the next regular City Council meeting or at the meeting where the City Council will be considering the planning cases acted upon by the Planning Commission in the absence of the Council Liaison. VI. MEETINGS A. TYPES OF MEETINGS; SCHEDULE: The annual meeting schedule of the 3 Commission shall be adopted by Resolution at the first regular meeting in December for the following year. 1. Regular Meetings: Subject to the adopted meeting schedule, the Commission’s regular meetings will occur on the first and third Wednesdays of each month for the purpose of convening public hearings, making recommendations to the City Council, conducting business which requires a vote of the Commission, convening as the Board of Adjustment and Appeals, conducting long-range planning functions and other official business. 2. Special Meetings: From time to time, special meetings may be called in order to process significant caseloads, to review works in progress such as comprehensive plan updates or municipal code revisions, or to undertake a retreat or strategic planning session, either amongst itself or in the company of the City Council or other commissions. Special meetings can be proposed by any Commission member or at the request of the City Administrator, or designated staff liaison, yet must be approved by a majority vote of the Commission. 3. Emergency Special Meetings. Emergency special meetings can be called via written notice to the City Administrator, or designated staff liaison, by the Chairperson or two Commission members, or by the City Administrator, or designated staff liaison. (Emergency special meetings are those in which the subject matter is of such an immediate concern that it cannot be delayed until the next regular meeting of the Planning Commission.) The City Administrator, or designated staff liaison, shall post and mail a notice of any special meeting in accordance with State Statutes. Planning Commission members shall be notified by telephone and in writing, if possible, at least seven days prior to a special meeting. 4. Cancellation of Meetings: Regular or special meetings may be canceled by the chairperson or City Administrator, or designated staff liaison, in the event that there are no items of business requiring the attention of the Commission, or for lack of a quorum, or in response to inclement weather or for any other good and sufficient reason. Members of the Commission shall be notified by telephone and/or other means of communications, of any meeting cancellation. A notice of the meeting cancellation shall be posted as required by State Statutes. B. QUORUM: A majority of the number of voting members appointed to the Commission shall constitute a quorum. C. CONDUCT OF MEETINGS; ADJOURNMENT 1. Meeting Chairperson: If neither the chairperson nor the vice chairperson is present to conduct a meeting of the Planning Commission, the Planning Commission may elect a meeting chair from among those members present prior to the commencement of business. The election shall follow the procedures set forth in Section IV.B.3, except that the Community Development Director, or his or her designee, shall conduct the election. 2. Open Meeting Law: Meetings shall be conducted in accordance with the 4 State of Minnesota Open Meeting Law (Minn. Statutes 471.705). 3. Adjournment: Meetings shall adjourn at or before 11:00 p.m. unless a two- thirds majority of the members present agree to extend the time of adjournment. If there is no objection, the Chairperson may declare the meeting adjourned without the necessity of a motion or vote by the Commission. D. MINUTES: Minutes shall be recorded for regular meetings and each commission member shall receive a copy of the unapproved minutes for review and approval at a succeeding meeting. Minutes shall be approved by motion. Approved minutes shall be the official record of the business conducted and actions taken by the Planning Commission. Commission members may request copies of approved minutes after they have been corrected, if necessary, and signed as approved. Copies of the approved minutes shall be filed with the Community Development Department. Unapproved minutes shall be clearly marked “DRAFT”; approved minutes shall be marked “APPROVED”. A policy statement regarding the content and format of the minutes shall be on file with the Community Development Department which may be reviewed from time to time as needed. VII. INFORMATIONAL PACKETS: Each Commissioner shall receive a staff report, plans and additional information, as appropriate, for each item placed on the agenda for any regular or special meeting. The Commission packet should be delivered at least four days prior to the meeting. Each Commissioner is responsible for reviewing the material within the packet prior to the meeting. VIII. PROFESSIONAL CONSULTANTS: Advice from, consultation with, and/or requests for review by the City Attorney, City Engineer, City Planning Agency, or other paid consultants shall be in accordance with the Municipal Code, Section 401.07. IX. SUPPLEMENTARY PUBLICATIONS: All Commission members shall receive a copy of the Mounds View Municipal Code and a copy of the Municipal Comprehensive Plan as well as other materials provided by the City Council or City Staff. These materials shall be retained by each commission member and returned to the City Administrator, or designated staff liaison upon the member’s resignation or termination of appointment. X. CONDUCT OF MEMBERS A. ATTENDANCE: Commission members shall advise the designated Staff member or the Commission chairperson of an anticipated absence from any regularly scheduled Planning Commission meeting. Any member absent from three consecutive regularly scheduled meetings or more than six regularly scheduled meetings per year without the consent of the Commission shall be deemed to have vacated the office, and such vacancy shall be filled by the City Council pursuant to Section 401.03, Subd. 1. A leave of absence may be granted by the consent of the Commission. 5 B. CONFLICT OF INTEREST: 1. General Standard: No Commissioner shall be appointed with private or personal interests likely to conflict with the general public interest. If any person appointed to the Commission shall find that their private or personal interests are involved in any matter coming before the Commission, they shall disqualify themselves from taking part in any discussion or action on the matter; alternatively, they may be disqualified by a two-thirds (2/3) majority vote of the Commissioners in attendance. 2. Conflict Due to Economic Interests: A Commissioner has a conflict of interest if, in his or her discharge of official duties, would be required to take an action or make a decision that would substantially affect the Commissioner’s financial interests or those of an associated business, unless the effect on the Commissioner is no greater than on other members of the Commissioner’s business classification, profession, or occupation. In the event a conflict of interest exists with respect to a particular matter before the Commission, the Commissioner shall disqualify himself or herself from taking part in any discussion or action on the matter. C. EX PARTE CONTACTS: Ex parte contacts are contacts between individuals seeking to influence the decisions of the Planning Commission and individual Commission members outside the meeting forum. Such contacts may include communications with project applicants, supporters and opponents. When the Planning Commission is involved in a matter which is to be heard and decided by the Commission (e.g. variances), Planning Commissioners shall indicate to the person contacting them that such communication and all testimony needs to be offered at the hearing to ensure a fair hearing for all parties. The intent is for Planning Commissioners to make their decisions based on the same information provided to all Planning Commissioners. Planning Commissioners should avoid expressing any opinion as to the merits of the case outside of Commission meetings. When ex parte contacts occur, the Planning Commissioner is responsible for notifying appropriate City staff and for conveying the substance of any ex parte communication to other Commission members at the next commission meeting at which the matter discussed is under consideration. ___________________________ Gary Stevenson, Chairperson ATTEST: ___________________________ Nyle Zikmund, City Administrator Revision History: February 5, 2020 April 5, 2017 March 16, 2016 January 24, 2007 September 1, 2004 February 21, 2001 February 2, 2000 March 5, 1997 February 3, 1993 October 1990 DRAFT PROCEEDINGS OF THE MOUNDS VIEW PLANNING COMMISSION CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting January 19, 2022 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 6:30 p.m. for January 19, 2022. ______________________________________________________________________________ 2. Roll Call Members Present: Commissioners Curtis, Farmer, Munson, Nelson, Rundle, and Stevenson. Absent and Excused: Commissioner French. Also Present: Community Development Director Jon Sevald and Council Member Gary Meehlhause. Index to Minutes Page Oath of Office for Commissioners 1 Resolution 1144-22; Recommending a Planning Commission Chair, 2 and Appointing a Vice Chair Approval of Minutes 3 _____________________________________________________________________________ 3. Special Order of Business A. Oath of Office for Commissioner Curtis, Commissioner French and Commissioner Nelson Community Development Director Sevald administered the Oath of Office to Commissioner Curtis and Commissioner Nelson. Mounds View Planning Commission January 19, 2022 Regular Meeting Page 2 ________________________________________________________________________ B. Resolution 1144-22; Recommending a Planning Commission Chair, and Appointing a Vice Chair Community Development Director Sevald requested the Commission adopt a Resolution recommending a Chair and appointing a Vice Chair for the Planning Commission. Commissioner Stevenson nominated Gary Rundle for Chair of the Planning Commission. Commissioner Nelson nominated Dennis Farmer for Vice Chair of the Planning Commission. MOTION/SECOND: Commissioner Nelson/Commissioner Munson. To approve Resolution 1144-22, a Resolution Recommending Approval a Planning Commission Chair, and Appointing a Vice Chair. Ayes – 6 Nays – 0 Motion carried. 4. Citizens Requests and Comments on Items Not on the Agenda None. 5. Planning Cases None. 6. Other Planning Activity None. 7. Reports A. Upcoming Planning Cases & Activity Community Development Director Sevald discussed upcoming planning cases with the Commission. He reported the Commission would be reviewing a conditional use permit and variance for a detached garage on February 2. B. Staff Updates Community Development Director Sevald provided the Commission with an update from staff. He reviewed the fourth quarter update from the Community Development Department. He reported the 2040 Comprehensive Plan was approved and amended in December. Mounds View Planning Commission January 19, 2022 Regular Meeting Page 3 ________________________________________________________________________ C. Council Updates Council Member Meehlhause provided the Planning Commission with an update from the City Council. He reported the Council voted against the kennel request that was previously reviewed by the Planning Commission. He commented on the improvements that would occur around the City Hall campus. He explained the EDA approved a TIF District for the redevelopment of the Skyline property which would become the Villas of Mounds View. He stated Officer Pete Burling recently retired and the police department would be going through the interview process. In addition, he noted K-9 Officer Niko retired in December. It was noted the playground at Random Park would be upgraded this summer. He thanked Commissioner Curtis for his willingness to serve on the Planning Commission. He then commented on the levy and budget that was approved for 2022, and explained the Council approved a Charter amendment to adjust the levy limit. Council Member Meehlhause indicated future CUP requests will be brought to the Council for consideration at a worksession meeting prior to coming to the Planning Commission. Further discussion ensued regarding the process that would be followed for CUP requests. The Commission expressed concern with the new process that would be followed for CUP’s and that there be adequate transparency with the public. The Commission requested that when CUP’s are discussed by the Council at work sessions, that details of these discussions be provided to the Commission. D. Planning Commissioner Reports None. 8. Approval of Minutes November 17, 2021. MOTION/SECOND: Commissioner Nelson/Commissioner Munson. To approve the Minutes of the November 17, 2021 regular Planning Commission meetings as presented. Ayes – 6 Nays – 0 Motion carried. 9. Next Planning Commission Meeting: A. Wednesday, February 2, 2022 B. Wednesday, February 16, 2022 Mounds View Planning Commission January 19, 2022 Regular Meeting Page 4 ________________________________________________________________________ 10. Adjournment There being no further business before the Planning Commission, Chair Rundle adjourned the meeting at 7:19 p.m. ______________________________________________________________________________ Respectfully submitted, Jon Sevald Community Development Director Transcribed by: Heidi Guenther Minute Maker Secretarial