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Home My WebLink About2023-07-19 PC Packet MOUNDS VIEW PLANNING COMMISSION REGULAR MEETING AGENDA July 19, 2023—6:30 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 1162-23, Approval of a Variance to reduce the side yard driveway setback, from 5' to 0' at 7830 Spring Lake Road. 6. Other Planning Activity A. (none) 7. Approval of Minutes: A. June 21, 2023 8. Reports A. Upcoming Planning Cases & Activity B. Staff Updates C. Council Updates D. Planning Commissioner Reports 9. Next Planning Commission Meetings: A. Wednesday, August 2, 2023 B. Wednesday, August 16, 2023 10. Adjournment Item No: 05A Meeting Date: July 19, 2023 MOUNDSVI EW Type of Business Planning Case Planning Case City of Mounds View Staff Report To: Planning Commission From: Jon Sevald, Community Development Director Item Title/Subject: PUBLIC HEARING: Resolution 1162-23, Approval of a Variance to reduce the side yard driveway setback, from 5' to 0' at 7830 Spring Lake Road. Introduction: The applicant, Dan Dreier, is requesting a Variance to reduce the side yard setback from 5' to 0' to construct a second driveway. The intent of reducing the setback is to preserve a mature oak tree. Discussion: Spring Lake Road south of Mounds View Boulevard, is being reconstructed in 2023. Nonconforming driveway curb cuts will be reconstructed to be conforming to City Code setback and width requirements as much as practical, unless the City Council grants a Variance (one of the rare occasions where variances are not heard by the Planning Commission).' On June 12, 2023, the City Council approved several Variances. Currently, 7830 Spring Lake Road has a legal-conforming driveway, and a non-conforming gravel parking area within the right-of-way (ROW). There is no on-street parking. As part of the street reconstruction, a trail will be installed within the ROW, thereby displacing the gravel parking area. After reconstruction, there will continue to be no on-street parking. 4., µ � 4 h� 7830 Spring Lake Road(photo April 18,2023). Area highlighted in yellow is non-conforming parking area. ' Mounds View City Code 160.388(E)(7) (Curb cuts and driveway openings);In conjunction with street improvement projects or in conjunction with individual driveway replacement projects, non-conforming curb cuts shall be made conforming to whatever extent practicable. If, in the opinion of the Directors of Public Works/Parks and Recreation and Community Development a non-conforming curb cut cannot be made conforming without undue hardship or disruption to the property, the curb cut may remain in existence, unchanged. Decisions regarding curb cuts may be appealed in writing to the City Council. vie.. _iun A Thriving Desirable Community Item 05A Page 2 of 5 The applicant requested a Variance for a second curb cut to replace the parking area, and the City Council approved on June 121h. The second curb cut was planned to be located between two trees. At that time (June 12th), neither the applicant nor City Staff realized the planned driveway would encroach into the neighboring property; 7785 Spring Lake Road, which has property on both sides of the road (house is on the opposite side). I ti y I EIN Approximate property lines(red), and planned 12'driveway curb cut(yellow arrow). At the time the City Council approved a second curb cut,it was not realized that the planned location encroached into the neighboring yard(photo April 18,2023). t Yellow arrow is approximate proposed driveway location. Staff met with the Dreir's on July 61h to discuss. If complying with the 5' setback, then there is inadequate width between the setback and an oak tree to park a vehicle. Either the tree would need to be removed, or a Variance obtained to reduce the setback. In favor of keeping the tree, it is more practical to reduce the side yard setback from 5' to 0'. A 0' setback will accommodate a 12' wide curb cut. The new driveway may still impact the tree root zone. Analysis: City Code §160.466 includes the criteria for granting Variances, which is detailed in the Resolution. In summary, the property must have unique circumstances which do not apply to I lie . .......... ...... ......... A Thriving Desirable Community Item 05A Page 3 of 5 other properties, and are not the result of the owner's actions or control. The Variance must be reasonable, and not alter the character of the neighborhood. In Staff's opinion, the unique circumstance is the northwest property corner of 7785 Spring Lake Road (neighbor), which creates a narrow wedge that does not have a practical use, other than open space. Because the City Council Approved a Variance to allow a second curb cut, it is reasonable for this second driveway to be along the south property line (vs. in the middle of the yard). A 12' wide curb cut is a reasonable driveway width. The distance between the tree and property corner is about 15'. Thus, a 12' wide driveway does not fit, unless the tree is removed, or a Variance is approved to reduce the side yard setback from 5' to 0'. Historically, the Planning Commission has approved Variances for reduced driveway setbacks in order to preserve mature trees. Strategic Plan Strategy/Goal: N/A Financial Impact: N/A Recommendation: Staff recommends approval. The timing of this Variance is critical. Curbs will be installed the week of July 24t", thus a decision needs to be made on where the driveway will go. If a Variance is approved, the applicant will need to obtain a Zoning Permit for the driveway. A Public Hearing Notice was published by the Pioneer Press on July 8, 2023, and mailed to property owners within 350' of the project. Respectfully, �,� Jon Sevald, AICP Community Development Director ATTACHED Aerial Photo Applicant's Narrative Resolution 1162-23 Application Application Complete 60-Da s 120-Da s July 7, 2023 July 7, 2023 September 7, 2023 November 7, 2023 The Mounds View Vision A Thriving Desirable Community Item 05A Page 4 of 5 AERIAL PHOTO 8 l 78U� �°"• i 0 _ - { l7 - l6 The Mounds View Vision A Thriving Desirable Community Item 05A Page 5 of 5 APPLICANT'S NARRATIVE Description of Proposal (attach additional supporting documentation itneGessar� ,y) Mood -0 n0f r S CL}fi QS�.f1 r Or 2_16.t4[ .% -r ;Q li trd, J_na r l_�'S, S,, ?�! r4-I6 Ct7,'-, e, par :•,• t .. _ S�10,rce Iv_ �•.-.s.a n► .,; r4 k_ 77$S In.s a, S + ux Pc.rca W.-s- k u!sc -rLd ret di aC4,0fr t S7roc3 -F-r -6zr— Cki-,An[ TleT6 D '11-6 or r 1-0 The Mounds View Vision A Thriving Desirable Community 4 � � • art �� ,Y J i �+• a•.`'�Ir - •� __�— :;, f• �`-ate� �A►.;i}, Vw� .-. ... i•• .. � ' •icy. t .I� ��.:�y .!•. r r• r rthT ^ 7 1 •� `• 1 fir' ate+. ,�' _ Ol'�t'. ��'�• _ _ •3i'" ■ �a s�`p0 t 00 Ao O _ 00 MOUNDS VIEW PLANNING COMMISSION RESOLUTION 1162-23 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A VARIANCE TO REDUCE THE SIDE YARD SETBACK FROM S-FEET TO 0-FEET FOR A DRIVEWAY, LOCATED AT 7830 SPRING LAKE ROAD WHEREAS,the applicant, Daniel Dreier, is requesting approval of a Variance to reduce the side yard setback from 5' to 0' to construct a second driveway on property located at 7830 Spring Lake Road, legally described as: P I D: 06-30-23-33-0006 AUDITOR'S SUBDIVISION NO. 89 EX N 466 FT THE E 137 FT OF LOT 23 WHEREAS,there is no parking permitted on Spring Lake Road in front of the subject property. At some point in time, a gravel parking area was established alongside the paved road, and within the road right-of-way. As part of the 2022/2023 Area K Street Improvement Project,Spring Lake Road is being reconstructed, and a trail will be constructed along the west side of Spring Lake Road,thereby displacing the gravel parking area in front of the subject property; and, WHEREAS, Mounds View City Code §160.338(E)(7) states; In conjunction with street improvement projects or in conjunction with individual driveway replacement projects, non-conforming curb cuts shall be made conforming to whatever extent practicable. If, in the opinion of the Directors of Public Works/Parks and Recreation and Community Development, a non-conforming curb cut cannot be made conforming without undue hardship or disruption to the property, the curb cut may remain in existence, unchanged. Decisions regarding curb cuts may be appealed in writing to the City Council. WHEREAS,the Directors of Public Works/Parks and Recreation and Community Development determined that the gravel parking area is a non-conforming second curb cut,to be removed and not replaced. The applicant appealed, and applied for a Variance to keep a second curb-cut. The City Council approved a Variance for a 12' wide second curb-cut (Resolution 9757); and, WHEREAS,the applicant proposes that the second curb cut be placed south of an existing oak tree, and north of the common property corner of 7830 and 7785 Spring Lake Road, as illustrated on the applicant's Variance application. The exact location of the property corner is unknown without the benefit of a survey, but is approximately 15' +/-from the oak tree; and, WHEREAS, Mounds View City Code §160.055(D)(2)(a) requires driveways to have a minimum setback of 5'. If complying with this setback, there is not enough space between the setback and the tree to accommodate a 12'wide driveway; and, WHEREAS,the applicant has requested a Variance to reduce the side yard driveway setback, from 5'to 0', to accommodate a 12' wide driveway; and, Resolution 1162-23 Page 2 of 3 WHEREAS,the Mounds View Planning and Zoning Commission, acting as the Board of Adjustment, held a Public Hearing on Wednesday,July 19, 2023. A Public Hearing notice was published by the St. Paul Pioneer Press on July 8, 2023, and mailed to property owners within 350' of the subject property; and, WHEREAS, Mounds View City Code §160.466 establishes criteria for granting Variances. The Planning Commission may approve a Variance where the City Code imposes practical difficulties to the property owner, 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 Variance is in harmony with the general purposes and intent of the City Code. Reducing the driveway side yard setback from 5'to O'should not impact the adjacent property. 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: The encroachment of the driveway into the 5'side yard setback is a reasonable use compared to the alternative of removing a mature oak tree, or the alternative of placing the driveway 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 northwest property of 7785 Spring Lake Road is shaped like a narrow wedge in-between the applicant's property(7830 Spring Lake Road), and the road right-of-way, serving no practical use other than open space. Reducing the driveway setback from 5'to 0'from the common property corner will allow the applicant to construct a driveway of adequate width, with a 12'curb cut, thereby preserving a mature oak tree which otherwise would need to be removed to accommodate the driveway width, if this Variance were not approved. 5. The variance does not alter the essential character of the neighborhood; FINDING: 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. Resolution 1162-23 Page 3 of 3 FINDING: The variance request is the minimum to alleviate the practical difficulties. A 12' wide driveway can reasonably accommodate one vehicle width, while preserving the existing oak tree. 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. NOW THEREFORE, BE IT RESOLVED,the Mounds View Planning and Zoning 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 setback from 5' to 0'to construct a driveway with a maximum 12' curb cut,to be located at the north common property corner of 7830 Spring Lake Road, and 7785 Spring Lake Road, with the following conditions: 1. The applicant shall complete all requirements of the Mounds View Private Improvement Program (PIP), as it relates to the second curb cut. 2. The applicant shall obtain a Zoning Permit to construct the driveway within one year after the curb cut is installed by the City. The driveway shall comply with all City Codes and regulations. 3. The applicant shall locate the property iron, or have a surveyor reset the property iron if none found. This shall be completed prior to installing the driveway. 4. The applicant shall construct the driveway within one year of obtaining a Zoning Permit. Adopted this 191"day of July, 2023. Gary Rundle, Chair ATTEST: Jon Sevald, Community Development Director (Seal) DRAFT PROCEEDINGS OF THE MOUNDS VIEW PLANNING COMMISSION CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting May 17, 2023 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 May 17, 2023. 2. Roll Call Members Present: Commissioners Curtis, Farmer, Munson,Nelson, Rundle, Stevenson (arrived at 6:33 p.m.) and Urlacher. Absent and Excused: None. Also Present: Community Development Director Jon Sevald and Council Member Gary Meehlhause. Index to Minutes Page Resolution 1159-23,Recommending Approval of Ordinance 1003, 2 Amending Mounds View City Code Chapter 160.198; B-3 Highway Business District, Conditional Uses; and Resolution 1160-23,Recommending Approval of a Conditional Use Permit for Big Dipper Creamery, 2222 Mounds View Boulevard Accessory Dwelling Unit Discussion 3 Approval of Minutes 4 3. Special Order of Business None. Mounds View Planning Commission May 17, 2023 Regular Meeting Page 2 4. Citizens Requests and Comments on Items Not on the Agenda Tony Preciado, 8217 Long Lake Road, expressed concern with the Pulte Homes development that would be built behind his home. He reported he did not want this type of development in his back yard. Community Development Director Sevald explained Pulte Homes sent a letter to residents in order to inform them of an April 201h neighborhood meeting. He reported Pulte Homes was proposing to construct a community with 75 townhomes and 12 yard homes. He stated the Planning Commission and City Council have reviewed the concept plan. Mr. Preciado questioned why the City would support this type of project. Community Development Director Sevald reported the Planning Commission makes recommendations to the City Council and the final decision for this project would be made by the City Council. He stated this project was in the very preliminary stages, and that no applications have been made. He encouraged Mr. Preciado to attend upcoming public hearings in order to voice his concerns regarding the proposed project. 5. Planning Cases A. Resolution 1159-23,Recommending Approval of Ordinance 1003,Amending Mounds View City Code Chapter 160.198; B-3 Highway Business District, Conditional Uses; and Resolution 1160-23,Recommending Approval of a Conditional Use Permit for Big Dipper Creamery, 2222 Mounds View Boulevard Community Development Director Sevald stated Big Dipper Creamery proposes to relocate their ice cream production facility to 2222 Mounds View Boulevard, requiring; (1) an amendment to the B-3 district to allow processing of food products as a Conditional Use; and(2) a Conditional Use Permit. Big Dipper Creamery currently operates retail stores in Blaine and North Oaks, and an ice cream production facility at their North Oaks store. They have outgrown the space, and intend to lease 2222 Mounds View Boulevard for production and retail sales (no dine-in). 2222 Mounds View Boulevard is a multi-tenant building(Southpaw Crossfit, Scout Shop, Mounds View Chiropractic, Betterley Tools), and is zoned B-3 Highway Business. Big Dipper will be taking over space currently occupied by Betterley Tools (7,578 sq ft). Prior to Betterley, the unit was Abbey Carpet. Staff recommended the Planning Commission recommend approving Ordinance 1003, and the Conditional Use Permit as requested. Commissioner Farmer questioned how many B-3 properties were in the City. Community Development Director Sevald reviewed the location of the B-3 properties in Mounds View. Further discussion ensued regarding the uses that were allowed within the B-3 zoning district. Mounds View Planning Commission May 17, 2023 Regular Meeting Page 3 Commissioner Farmer requested further information on the criteria that must be met in order to grant a Conditional Use Permit. Community Development Director Sevald reviewed the criteria that must be met in order to grant a CUP. It was noted the proposed site would be used for ice cream production with some retail. Commissioner Nelson asked if residents would be able to purchase ice cream by the pint or in bulk off the street. Jerry Guss, Big Dipper Creamery representative, commented on how his business was expanding noting Big Dipper Creamery would have display freezers with pint and quarts of ice cream for sale. He noted the store would not be an ice cream parlor with ice cream cones for sale. Commissioner Nelson asked how many ice cream flavors were made by Big Dipper Creamery. Mr. Guss estimated he made over 200 flavors of ice cream and noted he sells his ice cream to 10 different vendors in the metro area. MOTION/SECOND: Commissioner Stevenson/Commissioner Nelson. To approve Resolution 1059-23, recommending approval of Ordinance 1003, Amending Mounds View City Code Chapter 160.198; B-3 Highway Business District, Conditional Sales. Ayes—7 Nays—0 Motion carried. MOTION/SECOND: Commissioner Munson/Commissioner Farmer. To approve Resolution 1060-23, a Resolution Recommending Approval of a Conditional Use Permit for Manufacturing, Compounding, Processing, Packaging or Treatment of Cosmetics, Pharmaceuticals and Food Products and the Rendering or Refining of Fats and Oils for Big Dipper Creamery at 2222 Mounds View Boulevard. Ayes—7 Nays—0 Motion carried. 6. Other Planning Activity A. Accessory Dwelling Unit Discussion Community Development Director Sevald informed the Commission that he was contacted by a resident that was interested in constructing an Accessory Dwelling Unit. He questioned how the Commission would like to proceed. Commissioner Nelson commented on the cost for a tiny home and stated the prices were becoming quite high. Commissioner Stevenson stated his concerns with ADU's was the future use of the space. Mounds View Planning Commission May 17, 2023 Regular Meeting Page 4 Commissioner Urlacher reported she would always speak for property owners rights. She indicated she had a shed in her backyard that was quite substantial in size and the only thing that it was missing in order to be considered an ADU, was water and sewer. She explained she has a small home and it would be a fantastic option for her to be able to use the shed for more living space. She discussed how housing trends were changing and more extended families were living together due to the cost of housing. She anticipated if a property were to sell with an ADU, the next homebuyer would appreciate the additional space. She reported the City would have to consider if ADU's could be used for Airbnb's or if the space could only be used for family. Commissioner Nelson recommended the lot size be taken into consideration whether or not an ADU would be allowed, because some lots were too small to accommodate an ADU. Commissioner Curtis explained he moved into Mounds View two years ago and his home has a detached garage. He reported the previous owner converted this garage into a one bedroom/one bath apartment. Commissioner Urlacher stated this could be a good selling for new homeowners. Commissioner Farmer indicated he was hesitant to determine what homeowners can and can't do with their property. He discussed how there was a need for home offices as more and more people begin working from home. Commissioner Curtis questioned if the City had the resources in place if ADU's were to convert to rentals in the future. Community Development Director Sevald reported the City did have the resources in place. He commented further on how the City manages rental properties. Commissioner Nelson asked if Coon Rapids or Blaine allowed ADU's. Community Development Director Sevald stated he was uncertain. However, he understood Minneapolis and St. Paul were allowing ADU's. Commissioner Stevenson reported the City of Mounds View had a lot of larger lots, which would allow for an ADU. Community Development Director Sevald questioned if the Planning Commission supported staff exploring this use further. The Commission offered their support for staff to explore ADU's further. 7. Approval of Minutes May 3, 2023. MOTION/SECOND: Commissioner Curtis/Commissioner Stevenson. To approve the Minutes of the May 3, 2023 regular Planning Commission meetings as presented. Mounds View Planning Commission May 17, 2023 Regular Meeting Page 5 Ayes—7 Nays—0 Motion carried. 8. Reports A. Upcoming Planning Cases & Activity Community Development Director Sevald reported he had no upcoming planning cases at this time. B. Staff Updates Community Development Director Sevald provided the Commission with an update from staff. C. Council Updates Council Member Meehlhause provided the Planning Commission with an update from the City Council. He noted Kathie Anderson was recognized at the Citizen of the Year for 2022 at the last City Council meeting. In addition, the Council recognized Adnan Omanovic and Robert Turner as the Coaches of the Year. He reported the Council also held a badge pinning ceremony for newly appointed Police Chief Ben Zender. D. Planning Commissioner Reports None. 9. Next Planning Commission Meeting: A. Wednesday,June 7, 2023 B. Wednesday,June 21, 2023 10. Adjournment There being no further business before the Planning Commission, Chair Rundle adjourned the meeting at 7:21 p.m. Respectfully submitted, Jon Sevald Community Development Director Mounds View Planning Commission May 17, 2023 Regular Meeting Page 6 Transcribed by: Heidi Guenther Minute Maker Secretarial