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Home My WebLink About2021-10-20 PCMOUNDS VIEW PLANNING COMMISSION REGULAR MEETING AGENDA October 20, 2021 - 7:00 P.M. 1. Call to Order 2. Roll Call 3. Special Order of Business A. (none) 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 1139-21, Variance to reduce the side yard setback for a Driveway, at 5045 Red Oak Drive 6. Reports A. Upcoming Planning Cases & Activity B. Staff Updates C. Council Updates D. Planning Commissioner Reports 7. Approval of Minutes: October 6, 2021 8. Next Planning Commission Meetings: A. Wednesday, November 3, 2021 B. Wednesday, November 17, 2021 9. Meeting Conclusion Item No: 05A Meeting Date: Oct 20, 2021 Type of Business: Planning Case Planning Case: VR2021-002 City of Mounds View Staff Report To: Planning Commission From: Jon Sevald, Community Development Director Item Title/Subject: Resolution 1139-21, Variance to reduce the side yard setback for a Driveway, at 5045 Red Oak Drive Introduction: The applicant, Steve Firkus, 5045 Red Oak Drive (property owner), requests approval of a Variance to reduce the side yard setback for a Driveway, from 5' to 0'. Discussion: The applicant replaced the driveway and extensive landscaping in September 2021, such that the driveway has a 0' side yard setback, whereas a minimum of 5' is required.' Mr. Firkus applied for, and received a Zoning Permit after -the -fact, pending approval of a Variance, or removal of the 5' side yard encroachment. The new driveway is two cars wide, whereas the previous driveway was one car wide. The new driveway is similar to others on the west side of the block. There are seven homes (all identical) with driveways onto Red Oak Drive. Of these seven, six have driveways with a 0' setback (including the applicant's). All of these homes were built in 1956 with a single tuck - under garage. In researching driveway permit histories for each of these homes, one record was found. In 2015, the City issued a permit for 5079 Red Oak Drive, allowing the existing driveway to be replaced as -is with a 0' side yard setback. Non -conforming uses may be continued, repaired, and replaced, but cannot be expanded without a Variance.2 The situation with 5045 Red Oak is different from the others, because they all have been non -conforming for many years and allowed to continue, whereas the applicant's driveway was conforming up until now, and cannot be expanded without a Variance. In addition to the landscaping installed, a shed was installed with a 1' side yard setback. The applicant has been advised that approval of a Variance for the shed would be unlikely, and has agreed to move the shed to be in compliance. Analysis: The Planning Commission, acting as the Board of Adjustment, may approve Variances to provide relief to the landowner in those cases where the code imposes practical difficulties to the property owner in the use of property owner's land.... A variance may be granted only in the event that all of the following circumstances exist:3 (1) The variance is in harmony with the general purposes and intent of this chapter; (2) The variance is consistent with the Comprehensive Plan; (3) The applicant proposes to use the property in a reasonable manner not permitted by this chapter or the city code; (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 Mounds View Municipal Code 160.055(D)(2)(a) (Driveways) 2 MN Statute 462.357, Subd 1(e) (Nonconformities) 3 Mounds View Municipal Code § 160.466 (Criteria for Granting Variances) Item 05A Page 2 of 5 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; (5) The variance does not alter the essential character of the neighborhood; (6) The variance requested is the minimum variance which would alleviate the practical difficulties. Economic conditions alone do not constitute practical difficulties; and (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. Strategic Plan Strategy/Goal: None. Financial Impact: None. Recommendation: Staff recommends Approval. It is reasonable for single-family homes to have a two -car wide driveway. This home and others on the west side of the street were constructed in 1956 with a one -car wide driveway. Since this time, the other homes (except the applicant's) have expanded their driveways with a 0' setback. It is reasonable for the applicant to do the same. Changes in topography makes it impractical to expand towards the interior of the property. Conflict of Interest Disclosure: 1. The applicant, Steve Firkus, is the Father of Ben Firkus, who is a friend and neighbor of mine (Jon Sevald). 2. The applicant's contractor, Gary Anderson Landscaping, I (Jon Sevald) hired as a contractor in 2013 and 2018 for improvements to my personal property. I have no personal interest in the Planning Commission's Approval or Denial of this Variance, nor do I have any financial or personal gain. Disclosure of this conflict of interest, or perception of conflict of interest, was provided to the City Administrator, and approval has been provided to participate in this planning case, in compliance with the AICP Code of Ethics.4 Respectfully, 14eNaSiF Jon Sevald, AICP Community Development Director 4 American Institute of Certified Planners (AICP), Ethical Principals in Planning (1992); Planning process participants continuously strive to achieve high standards of integrity and proficiency so that public respect for the planning process will be maintained. Planning Process Participants should: (4) Abstain completely from direct or indirect participation as an advisor or decision maker in any matter in which they have a personal interest, and leave any chamber in which such a matter is under deliberation, unless their personal interest has been made a matter of public record; their employer, if any, has given approval; and the public official, public agency or court with jurisdiction to rule on ethics matters has expressly authorized their participation; The Mounds View Visior A Thriving Desirable Communal} Item 05A Page 3 of 5 ATTACHED Site Photo Aerial Photo Site Plan Resolution 1139-21 Complete Application 60-Deadline for Action (MN Stat §15.99) Sep 20, 2021 Nov 19, 2021 The Mounds View Vision A Thriving Desirable Community Item 05A Page 4 of 5 Site Photo 5045 Red Oak Drive (house at left) (photo Sep 24, 2021) The Mounds View Vision A Thriving Desirable Community Item 05A Page 5 of 5 Aerial Photo rrl RGad H ifi#51 5045 Red Oak Drive highlighted in yellow. The Mounds View Vision A Thriving Desirable Community Mulch Area Catch Basin With Pop -Up Weigela "My Monet" New Paver Walk Way 7) Arborvitae "Techny" Spire° "Magic Carpet" Catch Basin With Pop -Up I) Ninebark "Little Devil" 10-- Fire Hydrant Diervilla "Dwarf New Paver Patio 4) Hosta "Krossa Regal" Hosta "Albo Marginata" Leave Existing Vegitation Add Mulch Remove Existing Island New Sod 7) Daylilly "Stella D'Oro" 3) Bleeding Heart "Valentine' t) Hosts "Designer Genesi' Rock Area 0 Geranium "Max Frei" AC Unit 110 4) Nost° "Kossa Regal" 3) Astilbe "Final" 3) Weigela "My Monet" I) Hydrangea Tree "Fire Light" 3) Yew "Taunton" Mulch Area Compacted Class II Granite Area For Shed Mulch Area Future Fence 3) Diervilla "Dwarf Bush" Rock Area — 3) Karl Forester Grass 3) Monarda "Grand Parade" 4) Hydrangea "Quick Fire" New Concrete Driveway New Block Retaining Walls Daylilly "Stella D'Oro" v i.- . Techny Arborvitae Thuja occidentalis Techny` Height: 12-15' Spread: 6-8' Shape: Upright, broadly pyramidal Foliage: Dense, dark green year round Flower: none Fire LightTM Hydrangea Tree rr - -! - -- !' r a 1M �,� r ' i 1 +' {., " ` Diervilla Dwarf Bush Diervilla lonicera Height: 4' Spread: 3-4' Shape: Mounded, spreading Foliage: Bronze -green, red in fall I ,. , z• 3_ s. - ` ''-,ir ` A 1 * Hydrangea paniculato SMHPFL' Height: 6-8' Spread: 4-6' Location: Sun to part shade Shape: Upright Foliage/Flower: Green/Whiteturningdeepred,July-Sept •c ti- r Little Devil Ninebark Physocarpus opulifolius 'Donna May' Height: 3-4' Spread: 3-4' Shape: Upright, rounded Foliage: Deep burgundy Flower: Small, yellow, May, — _• Flower: White -pink, lune a� -fir - - , � +-•- • NA - 4 F� Quickfire Hydrangea Hydrangea paniculata 'Bulk' Height: 4-6' Spread: 4-6' Shape: Rounded, upright Foliage: Green Flower: Conical, white turning red ' ` r+ I Zr. -.. ,�j �,a � el,• �1 i i{+�' r Krossa Regal Hosta Hosts `Krossa Regal' Height: 28-36" Spread: 32-42" Shape: Vase shaped, upright Foliage: Blue gray, arching Flower: Lavender, July ' - Fanal Astilbe Astilbe x orendsil 'Farrar Height: 20-30" Spread: 20-24"3 Shape. Mounded Foliage: Cut Leaflets, green Flower: Narrow, red plumes, June- Aug ,� •`,� st - F4'�, y • a i`i • ;,,. .e . t� x t My Monet Weigela Weigela florid° 'Verweig` Height 12-18" Spread: 2' Shape: Dwarf, low mounded Foliage: Variegated green, cream Flower: Bright pink, spring r Y 1 L~- J j l Albo Marginata Hosta Hosts undulate 'Alba -marginate' Height: 15-18" Spread: 30-36" Shape: Mounded Foliage: Green with white margins Flower: Lavender, August Globe Blue Spruce , ip:, Karl Forester Grass 1 ti ' Calomagrotis acutiflora 'Karl Forester' •" :" Height 36" Spread: 18" ,. Shape: Upright, arching dumps Foliage: Green, gold in fall Flower: Pink maturing to gold, June -July r 4- r d 4.. r li r i l Stella D'oro Daylily Hemerocallis Stella D'oro' Height 11-15" Spread: 18" Shape: Clumping Foliage: Long, narrow, green Flower: Golden yellow, reblooms . '�' May Night Salvia Salvia nemarosa 'Mainocht' Height: 18" Spread: 24" Shape: Mounded, Spreading- Foliage: Green Flower: Purple spikes June -July i , ; >a ..' r . . A ". Max Frei Geranium Geranium sanguineum Height: 12-18" Spread: 12" Shope: Dense mound Foliage: Heavily lobed, dark green Flower: Purple -pink, June -August �, c te-' %.1 �yt, '•*t `" 1 �k�. ,l: C y L Picea pungens 'Giobosa' Height: 3-5' Spread: 5-6' Shape: Compact mounded Foliage: Blue needles Flower: None a ' Grand ParadeTM Monarda Monarda didyma 'Grand Parade' Height: 14-18" Spread: 18-24" ? Shape: Compact mound > tf; Foliage: Mms-scented, midew resmant da.Ngreen r ' _ Flower: Purple, June August _ - I A Designer Genes Hosta g,.-- Hosta Designer Genes'" 12-18" HeightSpread: 18-24' Shape: Mounded Foliage: Yellow turninglime green, red stems g ' Purple, June P tr _ .#� �.� • ■ _; 4 t ''� r e ` s d t' $ _ C Magic Carpet Spirea Spimeajaponica'MagicCarpet` Height 1.5-2' Spread: 1.5-2' Shape: Compact, mounded Foliage: Golden green with red tips Flower: Deep pink dusters Junior Walker Catmint �� + 1, I Jt + 1 ! • 6' C.. I Valentine BleedingHeart Dicentra spectabJlis 'Hordival' Her ht 24-30" 'g Spread: 24-30" Shope: Arching stems, clump Foliage: Dark green, red stems g g Flower: Red w/ white tip, MayFlower: + . c� - Nepata x faossenii Junior Walker' Height: 15" Spread: 24-30" Location: Sun to light shade Shape. Mounded, compact Scented, soft gray-green/Lavender-blue spikes, Foliage/Flower: June -Sept 0 5 10 20 SCALE N FEET Drawn By: Brian Date: 04/23/2021 Revision Ji: • GoryMdersonLondscaping.corn Tid*: Landscape Design ERSON • 763-754-9401 Location: Mounds View, MN *Notice of intellectual 'Property*images and or characters {uxluding, but binned to: creation of a shape, configuration or companion of pattern or cob', or combxaaon of pattern and color) may not be dupMcoted or used in any way or any for any purpose without poor written consent fromGwryAnderson Landscaping, inc. Notes: MOUNDS VIEW PLANNING COMMISSION RESOLUTION 1139-21 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLULTION APPROVING A VARIANCE TO DECREASE THE SIDE YARD SETBACK FROM 5' TO 0', FOR A DRIVEWAY ON PROPERTY LOCATED AT 5045 RED OAK DRIVE (PLANNING CASE VR2021-002 WHEREAS, the applicant, Steve Firkus, has applied for a Variance to decrease the driveway side yard setback from 5, to 0', on property located at 5045 Red Oak Drive, legally described as: PM: 07-30-23-43-0062 Lot 8 Block 7 of TWELVE OAKS 2ND ADDITION WHEREAS, the Mounds View Municipal Code 160.055(D)(2)(a)(2) requires a side yard setback of 5' for driveways, except the minimum setback shall be 30' from any lot line abutting a public street; and, WHEREAS, in September, 2021, the applicant replaced and expanded their driveway such that there is a 0' side yard setback, in violation of the City Code. The applicant is requesting approval of a Variance to allow the driveway to stay as -is; and, WHEREAS, the Mounds View Planning Commission held a duly noticed Public Hearing on October 20, 2021. A notice was published in the September 28, 2021 edition of the Shoreview Press, and mailed to property owners within 350' of the subject property; and, WHEREAS, the Planning Commission, acting as the Board of Adjustment and Appeals, may provide relief to the landowner in those cases where the code imposes practical difficulties to the property owner in the use of a property owner's land. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. No variances shall be granted that would allow any use that is not allowed in the zoning district in which the subject property is located. 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 the Mounds View Municipal Code; Res 139-21 Page 2 of 3 Finding: The variance is in harmony with the Municipal Code. Section §160.342 (Schedule of Off -Street Parking Requirements), requires two -spaces for Single - Family dwellings. It is reasonable for a driveway to accommodate side -by -side parking for two vehicles. 2. The variance is consistent with the Comprehensive Plan; Finding: The 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; Finding: It is reasonable for a single-family home to have a driveway wide enough to park two vehicles side -by -side. It is more practical to expand the driveway towards the side yard vs. the interior of the lot, because of changes in topography and to preserve a mature tree in the middle of the front yard. 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 unique circumstance is that the home was built in 1956 with a one -car tuck - under garage, and driveway one -car wide. The applicant purchased the property in 2019. 5. The variance does not alter the essential character of the neighborhood; Finding; The variance does not alter the essential character of the neighborhood. Of the seven homes on the west side of the block, five homes have driveways with 0' side yard setbacks. The applicant's home is the sixth. All of these homes are similar in character (all appear to be identical) with single -car tuck -under garages, and two -car wide driveways. 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 which would alleviate the practical difficulty. 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. Res 139-21 Page 3 of 3 NOW, THEREFORE, BE IT RESOLVED, the Mounds View Planning Commission, acting as the Board of Adjustment, based upon the above Findings, the Staff Report, and in consideration of public testimony, APPROVES a Variance to reduce the side yard setback for a driveway, from 5' to 0', on property located at 5045 Red Oak Drive, with the following conditions; 1. The applicant shall move the shed, such that it complies with the minimum 5' side yard setback, within 30-days (November 20, 2021). Adopted this 20th day of October, 2021. Attest: (Seal) Gary Rundle, Chair Jon Sevald, Community Development Director DRAFT PROCEEDINGS OF THE MOUNDS VIEW PLANNING COMMISSION CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting October 6, 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 October 6, 2021. 2. Roll Call Members Present: Commissioners Farmer, French, Monn, Munson, Nelson, Rundle, and Stevenson. Absent and Excused: None. Also Present: Community Development Director Jon Sevald and Council Member Gary Meehlhause. Index to Minutes Resolution 1138-21, Recommending an Amendment to the 2040 Comprehensive Plan Approval of Minutes Page 2 X 3. Special Order of Business None. 4. Citizens Requests and Comments on Items Not on the Agenda None. Mounds View Planning Commission Regular Meeting October 6, 2021 Page 2 5. Planning Cases A. Resolution 1138-21, Recommending an Amendment to the 2040 Comprehensive Plan Community Development Director Sevald stated staff is requesting an amendment to the 2040 Comprehensive Plan, increasing allowable residential density within Mixed Use areas, from 15- 30 units per acre, to 15-50 units per acre. It was noted MWF Properties has submitted applications for the Skyline redevelopment project, 4889 Old Highway 8 (now; Villas of Mounds View). The project will include a 120-unit apartment building on land designated in the 2040 Comprehensive Plan for "Mixed -Use", with a density of 15-30 dwelling units per acre. Skyline will be proposed at 35 units per acre. Mixed Use is intended (not required) to include a 60%/40% mix of residential/commercial uses. The City Council discussed this change at its August 2nd Work Session and directed Staff to move forward. The Planning Commission discussed at its September 15th meeting, and tabled action, to allow timing to publish a Public Hearing notice (notice was published by the Pioneer Press on September 20, 2021). Community Development Director Sevald explained the City has not always followed the Comprehensive Plan regarding density. Gray Stone Flats was likely an oversight based on unknown acreage size at the time the PUD was approved (acreage changed after the vacation of Greenfield Avenue). Skyline will have a similar experience related to land to be dedicated for right-of-way, and right-of-way to be vacated by Ramsey County after the plat is approved. Bel Rae Senior Living, when approved, was designated Mixed Use in the 2010-2030 Comprehensive Plan, at a density of 6 - 17.4 units per acre. Compliance with the Comprehensive Plan is interpreted by the City Council. Community Development Director Sevald reported this topic was brought to Staff's attention by MWF Properties. On one of their projects in a different city, the City approved the project with a higher density than allowed in the Comprehensive Plan. When MWF applied to the Metropolitan Council for Sewer Availability Charges (SAC) determination, Met Council Staff caught the inconsistency, and denied permits for the project, thereby delaying construction until the city's Comprehensive Plan was amended. Mounds View Staff discussed with Metropolitan Council Staff, who observed that a number of cities underestimated densities proposed by developers. New Brighton recently amended their Comprehensive Plan, increasing density from 50 units to 60 units. Staff is proposing a maximum density of 50 units per acre (similar to Bel Rae), to avoid having to amend the Comprehensive Plan for any foreseeable project. By allowing higher densities, buildings will go up or out. As a PUD, there is flexibility from the City Code on density (max 30 units per acre), height (max 3-stories), and usable open space (min 625 square feet per unit). Staff commented further on the request and recommended the Planning Commission hold a public hearing and recommend approval of the Comprehensive Plan Amendment. Chair Rundle opened the public hearing at 7:06 p.m. Mounds View Planning Commission Regular Meeting October 6, 2021 Page 3 Commissioner Nelson questioned if parking would become a concern with densities that are 50+. Community Development Director Sevald explained the Commission was not being asked to consider parking requirements at this time. He then reviewed the City's parking requirements for multi -family units. He explained he was uncertain that Mounds View would ever have a development come before the City that was 50+ units per acre. He stated staff would have to look at other communities regarding their parking requirements along with the market demand. Commissioner Nelson commented it was very rare that homes were built with only one stall. He anticipated that there would be a demand for parking in multi -family housing going forward and that the number of spaces required should not go down. Commissioner Munson agreed. Commissioner Monn inquired if the City had language in place to not have apartment buildings clustered but rather spread out throughout the community. Community Development Director Sevald explained he recalled this being in the Housing Chapter of the Comprehensive Plan. He reported apartments were more appropriate along major thoroughfares. He indicated apartments were more clustered along Mounds View Boulevard and along major county roads. Commissioner Stevenson stated he supported the proposed density change. Chair Rundle closed the public hearing at 7:12 p.m. MOTION/SECOND: Commissioner Nelson/Commissioner Stevenson. To approve Resolution 1138-21, a Resolution Recommending Approval of an Amendment to the 2040 Comprehensive Plan. Ayes — 7 Nays — 0 Motion carried. 6. Reports A. Upcoming Planning Cases & Activity Community Development Director Sevald discussed upcoming planning cases with the Commission. He reported staff had two upcoming cases, one for a driveway variance and the other for the redevelopment of the Skyline property. B. Staff Updates Community Development Director Sevald provided the Commission with an update from staff. He explained construction on the Caribou Cabin should begin very soon. He noted Taco Bell was being remodeled. He indicated there was nothing new on the Belden River View property. Mounds View Planning Commission Regular Meeting October 6, 2021 Page 4 C. Council Updates Council Member Meehlhause provided the Planning Commission with an update from the City Council. He commented on two new officers that were sworn in at the previous Council meeting. He explained the Council discussed the redevelopment of the Skyline property at their last worksession meeting, along with the 2022 budget special funds. He indicated the Council was trying to get a Sustainability Commission and Tribute Park Commission started but was having difficulty finding applicants at this time. D. Planning Commissioner Reports None. 7. Approval of Minutes September 15, 2021. Commissioner Farmer requested his comment regarding density be amended to read land could be conserved elsewhere and not that there would be less density in another area. He indicated his next comment could be removed. MOTION/SECOND: Commissioner Stevenson/Commissioner Nelson. To approve the Minutes of the September 15, 2021 regular Planning Commission meetings as amended. Ayes — 7 Nays — 0 Motion carried. 8. Next Planning Commission Meeting: A. Wednesday, October 20, 2021 B. Wednesday, November 3, 2021 9. Adjournment There being no further business before the Planning Commission, Chair Rundle adjourned the meeting at 7:26 p.m. Respectfully submitted, Mounds View Planning Commission Regular Meeting October 6, 2021 Page 5 Jon Sevald Community Development Director Transcribed by: Heidi Guenther Minute Maker Secretarial