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HomeMy WebLinkAbout2023-10-04 PC PacketCITY OF MOUNDS VIEW PLANNING COMMISSION AGENDA MOUNDS VIEW CITY HALL Wednesday, October 4, 2023 6:30 P.M. 1. CALL TO ORDER 2. ROLL CALL: Chair Rundle, Vice -Chair Farmer, Munson, Urlacher, Curtis, Nelson, Stevenson 3. APPROVAL OF AGENDA 4. CONSENT AGENDA A. Approval of Minutes: June 21, 2023 July 19, 2023 5. SPECIAL ORDER OF BUSINESS A. (none) 6. PUBLIC COMMENT Citizens may speak to issues relating to Planning and Zoning not on the agenda. Before speaking, please give your full name and address for the minutes. Also, please limit your comments to three minutes. 7. PLANNING BUSINESS A. Resolution 1163-23, Recommending Approval of Ordinance 1010, Amending Title XV, Land Usage, Chapter 150 Building Regulations; Construction of the Mounds View City Code B. Resolution 1164-23, Approving an Administrative Variance for 8421 Spring Lake Road C. Resolution 1165-23, Recommending a PUD Amendment for Apple Tree Dental for expansion of a parking lot 8. REPORTS A. Reports of Staff B. Reports of Council C. Reports of Planning Commissioners 9. NEXT PLANNING COMMISSION MEETINGS: A. Wednesday, October 18, 2023 at 6:30 p.m. As -Needed B. Wednesday, November 1, 2023 at 6:30 p.m. As -Needed 10. ADJOURNMENT THIS PAGE LEFT BLANK INTENTIONALLY 9M 1 PROCEEDINGS OF THE MOUNDS VIEW PLANNING COMMISSION CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting June 21, 2023 Mounds View City Hall 2401 Mounds View Boulevard, Mounds View, MN 55112 Call to Order The meeting was called to order by Chair Rundle at 6:30 p.m. for June 21, 2023. 2. Roll Call Members Present: Commissioners Curtis, Farmer, Munson, Nelson, Rundle, and Stevenson. Absent and Excused: Commissioner Urlacher (excused). Also Present: Community Development Director Jon Sevald. Index to Minutes Page Resolution 1161-23, Recommending Approval of Ordinance 1004, 2 Amending Mounds View City Code 160.088 related to Accessory Dwelling Units Approval of Minutes 3 3. Special Order of Business None. 4. Citizens Requests and Comments on Items Not on the Agenda Julie Clark, 8005 Woodlawn Drive, explained she has been working with her neighbors regarding the Arden Park project. She reported she has been reading the Comprehensive Plan and noticed this area was not slated for redevelopment. Rather, the land was publicly owned by the City and was a park preserve. She encouraged the City to use this land as a park going forward and that further trail connections be considered. She reported all of the surrounding Mounds View Planning Commission Regular Meeting June 21, 2023 Page 2 properties were zoned R-1. She reviewed the City Council's land use policies and reiterated that this project was not citizen initiated, nor did the proposed project meet these policies. She discussed how the proposed 87 units would impact the surrounding neighbors as well as the land. She noted this project would be built on a wetland buffer and the proposed units were not affordable. 5. Planning Cases A. Resolution 1161-23, Recommending Approval of Ordinance 1004, Amending Mounds View City Code 160.088 related to Accessory Dwelling Units Community Development Director Sevald stated during the May 17, 2023 Planning Commission meeting, the Commission briefly discussed Accessory Dwelling Units (ADU), directing Staff to conduct further research, and prepare an Ordinance Amendment to allow Detached ADU's with a Conditional Use Permit (CUP). Staff noted the conversations the Commission has had regarding ADU's over the past six years. He reported in 2022, several Planning Commissioners and City Council members toured YardHomes in New Brighton, expressing an interest in allowing these in Mounds View (this led to YardHomes' inclusion in the proposed Pulte townhome project). YardHomes start at around $200,000. In Mounds View, the average home sale price was $305,000. Thus, a homeowner wanting to build an ADU as an investment should not expect to recoup its costs. The choice to build an ADU is more due to a life change. Example, if an ADU is more desirable for a family member compared to assisted living, without regard to costs. Currently, there is a homeowner interested in building a detached ADU for a family member. This is the reason of why this topic is being brought to the Planning Commission now. Staff commented further on the different types of ADU's and recommended approval of the proposed Ordinance. Commissioner Curtis asked why an attached ADU requires a Conditional Use Permit. Community Development Director Sevald explained a CUP would be required if the ADU was a new addition to the home. Further discussion ensued regarding the difference between an ADU and a rental unit. Commissioner Farmer asked if rental licenses were transferable. Community Development Director Sevald explained new property owners would be responsible for obtaining a rental license as rental licenses were not transferable. Commissioner Stevenson noted that ADU's were limited to 800 square feet. Community Development Director Sevald reported this was the case. Commissioner Nelson questioned how tiny homes on trailers would be categorized by the City. Community Development Director Sevald explained this type of home would have to meet all Minnesota building codes, have water and sewer lines, and would have to have a permanent foundation. Mounds View Planning Commission Regular Meeting June 21, 2023 Page 3 Commissioner Munson asked if ADU's would have the same address as the principle structure. Community Development Director Sevald reported ADU's would have to have a separate address and mailbox, such as 2401 #A and 2401 #B Commissioner Farmer inquired how much it cost the City to change City Code. Community Development Director Sevald explained this depended on the amount of language that was being changed. He noted this proposed change was quite simple. Commissioner Munson indicated her main concern was with the resale of properties that have ADU's. Commissioner Nelson stated he could support the proposed change because it would give the small segment of the population that wanted to pursue an ADU an option. MOTION/SECOND: Commissioner Nelson/Commissioner Stevenson. To approve Resolution 1161-23, a Resolution Recommending Approval of Ordinance 1004, Amending Mounds View City Code 160.088 related to Accessory Dwelling Units. Ayes — 6 Nays — 0 Motion carried. 6. Other Planning Activity None. 7. Approval of Minutes May 17, 2023. MOTION/SECOND: Commissioner Curtis/Commissioner Farmer. To approve the Minutes of the May 17, 2023 regular Planning Commission meetings as presented. Ayes — 6 8. Reports Nays — 0 A. Upcoming Planning Cases & Activity Motion carried. Community Development Director Sevald stated he had no upcoming planning cases. B. Staff Updates Mounds View Planning Commission Regular Meeting June 21, 2023 Page 4 Community Development Director Sevald provided the Commission with an update from staff. He noted the City received several grants from Ramsey County. He noted the first grant was a critical corridors grant which would assist with the study of Mounds View Boulevard. The second grant was for facade improvements for the Filipino Village. He commented further on the recognition ceremony the City hosted for former Mayor Al Hull. C. Council Updates There was nothing to report. D. Planning Commissioner Reports None. 9. Next Planning Commission Meeting: A. Wednesday, July 5, 2023 — Canceled B. Wednesday, July 19, 2023 10. Adjournment There being no further business before the Planning Commission, Chair Rundle adjourned the meeting at 7:07 p.m. Respectfully submitted, Jon Sevald Community Development Director Transcribed by: Heidi Guenther Minute Maker Secretarial PROCEEDINGS OF THE MOUNDS VIEW PLANNING COMMISSION CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting July 19, 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 6:31 p.m. for July 19, 2023. 2. Roll Call Members Present: Commissioners Farmer, Munson, Nelson, Rundle, Stevenson and Urlacher. Absent and Excused: Commissioner Curtis. Also Present: Community Development Director Jon Sevald, City Administrator Nyle Zikmund, and Acting Mayor Gary Meehlhause. Index to Minutes Page Resolution 1162-23, Approval of a Variance to reduce the side yard 2 driveway setback from 5' to 0' at 7830 Spring Lake Road Approval of Minutes 3 3. Special Order of Business None. 4. Citizens Requests and Comments on Items Not on the Agenda None. Mounds View Planning Commission Regular Meeting 5. Planning Cases July 19, 2023 Page 2 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 Community Development Director Sevald stated 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. 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. Community Development Director Sevald reported the applicant requested a Variance for a second curb cut to replace the parking area, and the City Council approved on June 12th. 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). Staff met with the Dreir's on July 6th 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. Staff recommended the Planning Commission hold a public hearing and approve the Variance as requested. Commissioner Stevenson stated the main concern was with the location of the mature tree. He requested staff point out the location of the tree. Community Development Director Sevald reviewed the location of the mature tree. Commissioner Stevenson indicated he has voted against second driveway request over the years. However, he believed this request was unique and he could support the variance. Chair Rundle agreed noting this was a unique property. Commissioner Nelson explained the City does not typically approve second curb cuts. Community Development Director Sevald reported the Planning Commission has approved second curb cuts for properties on busy roadways. He stated with this request, the Council has already granted a second curb cut and the Planning Commission was being asked to consider the location. Mounds View Planning Commission Regular Meeting July 19, 2023 Page 3 Dan Dreir, 7830 Spring Lake Road, addressed the Commission and spoke to the uniqueness of his property. He reported he had the shortest driveway on Spring Lake Road and he was in need of guest parking. Michelle Dreir, 7830 Spring Lake Road, added that the proposed location for the second curb cut would save a mature oak tree. She explained the landscape architect they were working with did not recommend a parking pad be any closer to the oak tree than 10 feet. Commissioner Stevenson asked if the property stake had been located. Community Development Director Sevald explained one of the conditions for approval requires the applicant to locate the property iron prior to installing a driveway. Chair Rundle opened the public hearing at 6:45 p.m. There were no comments from the public. Chair Rundle closed the public hearing at 6:46 p.m. MOTION/SECOND: Commissioner Nelson/Commissioner Farmer. To approve Resolution 1162-23, a Resolution Recommending Approval of a Variance for a Reduced Driveway Setback at 7830 Spring Lake Road. Ayes — 6 Nays — 0 Motion carried. 6. Other Planning Activity None. 7. Approval of Minutes None. 8. Reports A. Upcoming Planning Cases & Activity Community Development Director Sevald reported he had no upcoming planning cases. B. Staff Updates Mounds View Planning Commission Regular Meeting July 19, 2023 Page 4 Community Development Director Sevald provided the Commission with an update from staff. He explained construction continues on the Villas of Mounds View which were the apartments on the former Skyline Motel property. The developer hoped to have the units available in September and staff would like to plan a tour of the site later this fall. He reported the H2 Flats clubhouse is under construction. He commented on a grant the City received from Ramsey County noting these funds would assist with the visioning the redevelopment of Mounds View Square and Sunrise Church. C. Council Updates Acting Mayor Meehlhause provided the Planning Commission with an update from the City Council. He explained the Council declared a vacancy on the City Council and this position would be filled at the November 7th Special Election. He stated the Council recently approved a City-wide water meter replacement project. He commented on the results from the survey that was completed by Morris Leatherman regarding the proposed Community Center expansion. He noted the City would be conducting additional communication regarding the proposed local sales tax. He explained the Council held a public meeting with local licensed trash haulers in order to meet State requirements when considering organized trash hauling for the City of Mound View. He commented further on the process that would have to be followed for organized trash collection. He discussed a conduit bonding project that was reviewed and approved by the Council. He reported the Council was working on the draft 2024 budget and has had discussions to begin recording its worksession meetings. He explained the EDA voted not to move forward with the townhome/tiny home project with Pulte Homes. D. Planning Commissioner Reports None. 9. Next Planning Commission Meeting: A. Wednesday, August 2, 2023 B. Wednesday, August 16, 2023 10. Adjournment There being no further business before the Planning Commission, Chair Rundle adjourned the meeting at 7:03 p.m. Respectfully submitted, Mounds View Planning Commission Regular Meeting Jon Sevald Community Development Director Transcribed by: Heidi Guenther Minute Maker Secretarial July 19, 2023 Page 5 THIS PAGE LEFT BLANK INTENTIONALLY MOUNDS VIEW City of Mounds View Staff Report Item No: 07A Meeting Date: October 4, 2023 Type of Business: Planning Business Planning Case: N/A To: Mounds View Planning Commission From: Brian Beeman, Assistant City Administrator Item Title/Subject: Resolution 1163-23, Recommending Approval of Ordinance 1010, Amending Title XV Land Usage, Chapter 150 Building Regulations; Construction of the Mounds View City Code Introduction: Currently, the State of Minnesota Department of Labor and Industry (DOLI) conducts plumbing plan reviews for permits in Mounds View, as stipulated in Minnesota Rules 1300.0215, Subpart 6. This has caused a delay in construction timelines for commercial and public buildings. Minnesota Statutes 326B.43, Subdivision 2, permits the delegation of authority for plumbing plan review for public and commercial projects to municipalities. This statute enables the DOLI Commissioner to establish an agreement with a municipality, in which the municipality agrees to carry out plan reviews typically performed by the commissioner or their designee. Background: To obtain this special delegation, the City of Mounds View must undertake several key steps to formalize the delegation, including; 1. the approval of an ordinance to offer local plumbing plan review services 2. the endorsement of an application and submission of an agreement with the State of Minnesota 3. the establishment of local fees, and; 4. ensuring the designated representative of the municipality is eligible to perform the local plumbing plan reviews. The City of Mounds View currently has a supplemental contract with Rum River Consultants (RRC) which was originally adopted in 2020 and recently renewed. This delegation agreement will benefit the City of Mounds View by generating additional revenue that the State of Minnesota usually retains by conducting these reviews. More importantly, the customer service benefits for permit applicants and residents are significant. The state is typically eight to twelve weeks behind on plan review, causing considerable delays in construction. RRC has indicated its capacity to review plumbing plans in half the time. If Mounds View receives this delegation, it will enable projects to begin and conclude more swiftly in Minnesota's demanding climate. Mounds View Building Official, Nick Henly, supports RRC performing plumbing plan reviews. Planning Commission Staff Report 10/04/2023 Page 2 Discussion: If the city council chooses not to adopt the proposed ordinances or the plumbing plan review agreement with DOLI, the state will continue to review the plumbing plans for commercial and public buildings which could have a negative impact on construction timelines for all commercial and public buildings. The Planning Commission should review the proposed Ordinance Amendment, hold a Public Hearing, discuss then consider Resolution 1163-23. Strategic Plan Strategy/Goal: Create and maintain a positive business climate where businesses want to locate and remain in Mounds View. Maintain good infrastructure in such a way that is walkable & attractive, safe and affordable. Keep the same level of service while being fiscally responsible. Financial Impact: By conducting local plumbing plan reviews, The City of Mounds View will generate additional fee revenue. Example, the State currently keeps 100% of the plumbing review fee. If it goes through RCC then the city would retain 15% of the fee RCC charges. Although the exact amount remains uncertain due to unknown future remodel and new construction commercial development, sizable public and commercial projects hold the potential to have a significant impact. Recommendation: City staff recommends that the City of Mounds View Planning Commission hold a public hearing for Ordinance 1010 Amending Title XV Land Usage, Chapter 150: Building Regulations; Construction. Following comments from the public hearing, staff requests the Planning Commission recommend the City Council to approve Ordinance 1010 Amending Title XV Land Usage, Chapter 150: Building Regulations; Construction via Resolution 1163-23, by a motion. Respectfully submitted, 1 Brian Beeman, MPA, CMA Assistant City Administrator Attachment(s): 1) Resolution 1163-23 2) Draft Ordinance No. 1010, Amending Title XV Land Usage, Chapter 150 Building Regulations; Construction The Mounds View Vision A Thriving Desirable Community MOUNDS VIEW PLANNING COMMISSION RESOLUTION 1163-23 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA A RESOLUTION RECOMMENDING APPROVAL OF ORDINANCE 1010 AMENDING TITLE XV LAND USAGE, CHAPTER 150 BUILDING REGULATIONS; CONSTRUCTION WHEREAS, the City of Mounds View is in the process of amending the City Code to be consistent with Minnesota Statutes, case law, and general updates; and, WHEREAS, the Planning Commission has considered proposed amendments to Title XV, Chapter 150 of the Mounds View City Code. NOW, THEREFORE, BE IT RESOLVED, the Planning and Zoning Commission recommends approval of Ordinance xxxx, amending Title XV, Chapter 150, of the Mounds View City Code: THE CITY OF MOUNDS VIEW ORDAINS: SECTION 1, The City Council of the City of Mounds View hereby amends Title XV Land Usage, Chapter 150 Building Regulations; Construction by adding the underlined material as follows: U50.008 PLUMBING PERMIT ADMINISTRATION, PLAN REVIEW, AND INSPECTIONS A. All plumbing on private property within the city must comply with the provisions of the state building and plumbing code and this article. B. Plans and specifications. Prior to the installation of a system of plumbing other than for a single- family dwelling complete plans and specifications, together with any additional information that the building official may require, must be submitted and reviewed by the building official or their designee prior to permits and installation. Construction cannot proceed except in accordance with approved plans and specifications. Any alteration, extension, or repair of an existing system is subject to these same requirements, unless waived by the building official in accordance with Minn. Rules, part 1300.0215. C. Exceptions. Pursuant to Minn. Stat. & 326B.43. subd. 2(n). plumbing plans and specifications for the following projects must be submitted to the Minnesota Department of Labor and Industry for a full plan review: 1. State -licensed facilities as defined in Minn. Stat. § 326B.103, subd. 13; 2. Public buildings as defined in Minn. Stat. § 326B.103, subd. 11, and 3. Projects of a special nature for which department review is requested by either the municipality or the state. D. Inspections. New plumbing systems or parts of existing plumbing, systems that have been altered, extended, or repaired shall be inspected, tested, and approved by the building official or 623264v1MU210-54 Resolution 1163-23 Page 2 of 2 their designee in accordance with Minn. Rules, part 1300.0215 before the plumbing system is put into use. The building official shall perform the final inspection and witness the test. The building official shall approve the plumbing system if the system complies with the requirements of this Code, any permit requirements, and the requirements of anyqpproved plans and specification. Plumbing system tests shall comply with Minn. Rules, Chapter 4714. E. Covering of work. No building drainage or plumbing system or part thereof shall be covered until it has been inspected, tested, and approved as herein prescribed. SECTION 2. Pursuant to Minnesota Law, the Mounds View City Charter, and Mounds View City Code, the 2023 fee schedule for City services and licensing is hereby amended after making the specified revisions as shown in Attachment A. SECTION 3. In accordance with Section 3.07 of the City Charter, City staff shall have the following summary printed in the official City newspaper, as said summary would clearly inform the public of the intent and effect of the ordinance: On October 23, 2023, The Mounds View City Council adopted Ordinance 1010, which creates legislation that governs plumbing permit administration, plan review, and inspections in the City of Mounds View. A full copy of the ordinance is available for public inspection at Mounds View City Hall, 2401 Mounds View Boulevard, Mounds View, MN 55112 in the office of the City Administrator. SECTION 4. This ordinance shall take effect and be in force 30 days from and after its passage and publication, in accordance with Section 3.09 of the City Charter. Introduction and First Reading by the Mounds View City Council on October 23, 2023 Second Reading and Adoption by the Mounds View City Council on November 6, 2023 Publication Date: November 8, 2023 BE IT FINALLY RESOLVED, that the Planning and Zoning Commission directs Staff to forward this resolution to the City Council prior to approval of the minutes. Adopted this 4t' day of October, 2023. Attest: (SEAL) Gary Rundle, Chair Brian Beeman, Assistant City Administrator Mourns viEw City of Mounds View Staff Report To: From: Item Title/Subject Address: PID: Zoning Owner: Applicant: Request: Introduction: Item No: 07B Meeting Date: October 4, 2023 Type of Business: Planning Business Planning Case: AV2023-001 Mounds View Planning Commission Phil Carlson, AICP, Senior Planner, Stantec Eklund — Administrative Variance 8421 Spring Lake Road 063023220009 R-1 Bruce A. Eklund and Joy A. Eklund Bruce A. Eklund Driveway Side Setback — Administrative Variance Bruce and Joy Eklund want to modify their driveway on the northern side of their site at 8421 Spring Lake Road. They are applying for a side setback variance to accomplish this modification. Background The Eklund's own the single-family home at 8421 Spring Lake Road. The house has an asphalt driveway installed at least 50 years ago, and the Eklund's want to replace the driveway with a new one. The existing driveway does not have enough room for the Eklund's to turn around their vehicle. This becomes more important since two family members use a wheelchair and a cane to get from the car to the house. Part of the proposed new driveway extends beyond the existing pavement to within 1 foot of the property line, less than the required setback, so a variance is being requested. Discussion: Zoning Issues The property is in R-1 zone single family residential district. The purpose of this district is to provide for low density single-family detached residential dwelling units and directly related, complementary uses. Driveways and parking spaces are permitted accessory uses, provided they Planning Commission Staff Report 10/04/2023 — Eklund, Administrative Variance, 8421 Spring Lake Road Page 2 meet the required 10-ft side setback. The existing driveway is a legal non -conforming use and can remain but may not be expanded without a variance. In this case, the property owner wants to modify the driveway by adding surface that is within the 10-ft setback — to within 1 ft of the property line — which requires a variance. It can be approved with an Administrative Variance per Section 160.470 (code excerpt attached). Existing Driveway Part of the driveway is an existing non -conforming use, being inside the required 10-foot setback. This meets one of the criteria for an Administrative Variance in 160.470 (A)(2). In Harmony with Zoning Ordinance and Comprehensive Plan The property and request are in line with the comp plan and zoning code. Reasonable Manner The use of the property for a driveway is reasonable and typical. Unique Circumstances The unique circumstances with this driveway are that there is existing pavement out to the lot line, within the required setback, but not an area large enough for reasonable access and turnaround, including handicapped access. This is a pre-existing condition not created by the applicant. There are practical difficulties to meeting the ordinance: having all pavement meet the 10-ft setback would create an awkward space on the driveway that would be difficult to use. Character of the Locality The driveway modifications will be barely visible to surrounding property owners and will not change the character of the locality. Minimum Variance The request is very modest and is the minimum needed to create a reasonable space for accessing the vehicles. Economic Considerations This criterion typically means that the applicant could meet the ordinance if they spent more money. That is not the case here and this criterion does not apply. The new driveway would be 26'-3" wide. A small portion of the existing driveway beyond that width would be removed and another part of the area that is now bare dirt would be paved with new asphalt. The new revised edge of the driveway would be 1 ft from the side property line to the north. The new north side of the driveway is 27' long, stopping 8' from the existing garage apron. The plans are illustrated on the next page. Design with community in mind Planning Commission Staff Report 10/04/2023 — Eklund, Administrative Variance, 8421 Spring Lake Road Page 3 Process: The process of obtaining a variance is governed by the section 160.466 and 160.470. Variance Criteria The Mounds View Zoning Code has provisions for an Administrative Variance in Section 160.470, which can be approved by the Community Development Director and reviewed only by the Planning Commission — it does not require a full public hearing and decision by the City Council. The request must still meet the criteria for variances in Section 160.466. Both sections are excerpted at the end of this report. 60-Day Deadline The completed application was received on August 30,2022. The deadline for final action on the request is October 30, 2023. If the variance is approved by the Planning Commission before then, the deadline is met. If the variance is denied by the Planning Commission, the process would begin with a new application for a standard variance and a new 60-day deadline would start. Recommendation: The variance requested is a reasonable addition to the existing driveway and meets the criteria in the code for approving a variance. I approve this Administrative Variance, subject to review by the Planning Commission, for modifications to the driveway at 8421 Spring Lake Road, as illustrated in the applicant's submission and in the Planner's report of October 4, 2023. Design with community in mind Planning Commission Staff Report 10/04/2023 — Eklund, Administrative Variance, 8421 Spring Lake Road Page 4 Findings of Fact for Approval 1) Bruce and Joy Eklund own the home at 8421 Spring Lake Road in the R-1 zoning district. 2) The required side setback for a driveway in the R-1 district is 10 feet. 3) Members of the Eklund household use a wheelchair and a cane and require easy access to vehicles from the driveway. 4) The home has an existing asphalt driveway about 27 feet wide that is paved out to the north lot line, within the required setback. There is a notch of unpaved area near the north side of the garage, making access difficult to and from vehicles, the house, and garage for a wheelchair and walking with a cane. The applicants want to square off the paved area for easier access, requiring a variance. The applicants did not create this non -conforming condition. 5) The modification adds paved area that does not meet the setback but removes some asphalt that is closer to the lot line, improving the situation in that area. 6) The proposed driveway modification is a reasonable solution, with dimensions and a shape conducive to easy and safe access. 7) The request meets the criteria for granting an Administrative Variance in Section 160.470 and for variances generally in Section 160.466. Denial The Planning Commission could overrule the Community Development Director's approval of the Administrative Variance, which would require the applicants to either apply for a standard variance or withdraw the request. Findings of Fact for Denial 1) Bruce and Joy Eklund own the home at 8421 Spring Lake Road in the R-1 zoning district. 2) The required side setback for a driveway in the R-1 district is 10 feet. 3) The home has an existing asphalt driveway about 27 feet wide that is paved out to the north lot line, within the required setback. There is a notch of unpaved area near the north side of the garage. The applicants want to square off the paved area for easier access, requiring a variance. The applicants did not create this non -conforming condition. 4) While the existing paved area of the driveway is somewhat awkward, the applicants have reasonable use of the property now. 5) The request does not meet the criteria for granting variances generally in Section 160.466. Design with community in mind Planning Commission Staff Report 10/04/2023 — Eklund, Administrative Variance, 8421 Spring Lake Road Page 5 § 160.470 ADMINISTRATIVE VARIANCE PROCESS (A) Types. Property owners seeking relief from this chapter may request an administrative variance; provided that, the property is zoned R-1 or R-2 and either of the following is applicable: (1) The request concerns setbacks; the variance amount is within 25% of code requirements; and approval of the variance does not result in a setback of less than five feet; and (2) The request is related to a pre-existing, non -conforming driveway or curb cut. (B) Review procedures. The Director of Community Development will review administrative variance requests. In order to be approved, the variance request must meet the criteria as stated in § 160.466 of this chapter. If all of the criteria are met and approval is granted, the adjacent property owners must be notified by mail of the preliminary approval and allowed ten days to respond to the decision. Absent any opposition from adjacent property owners, the Planning Commission shall review the administrative variance request at the following regularly scheduled meeting. (C) Denial and appeals. If the Director chooses to deny a request, or if either the adjacent neighbors or the Planning Commission disagrees with administrative approval of a variance request, the request is denied administratively and the applicant may choose to request a formal variance from the Planning Commission. (D) Fees. Administrative variances fees are set according to the city's approved fee schedule. (Prior Code, § 1125.02) (Ord. 725, passed 02-09-2004; Ord. 752, passed 09-13-2004; Ord. 756, passed 01-24-2005; Ord. 861, passed 09-22-2011) § 160.466 CRITERIA FOR GRANTING VARIANCES. (A) A variance to the provisions of this chapter may be issued by the Board of Adjustment and Appeals, or in the case of an administrative variance, by the Director of Community Development as explained in § 160.470 of this chapter, 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. 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. (B) A variance may be granted only in the event that all of the following circumstances exist: (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 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. Design with community in mind RESOLUTION 1164-23 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF AN ADMINISTRATIVE VARIANCE FOR DRIVEWAY MODIFICATIONS AT 8421 SPRING LAKE ROAD; WHEREAS, the Mounds View City Code has provisions for an Administrative Variance in Section 160.470, authorizing the Director of Community Development to review and approve certain variances subject to review by the City Planning Commission; and, WHEREAS, Bruce and Joy Eklund own the property at 8421 Spring Lake Road in Mounds View, legally described as follows: Lot 38, Auditor's Subdivision No. 89 PIN 06-30-23-22-0009, and WHEREAS, the Mounds View Zoning Code requires residential driveways to maintain a 10-foot side setback; and, WHEREAS, the Eklund's driveway is on or near the north property line, a legal non -conforming situation, and they propose modifications to the driveway that meet the criteria in Sect. 160.470 for consideration of an Administrative Variance, and have applied for an Administrative Variance to modify the driveway by removing part of the pavement and adding additional pavement to be no closer than 1 foot from the north property line, and, WHEREAS, the Acting Community Development Director has issued a report approving the Administrative Variance for the Eklund's driveway date October 4, 2023, and submitted it to the Planning Commission for review; and, WHEREAS, the Mounds View Planning Commission reviewed the Eklund's request and the Acting Community Development Director's report at their meeting of October 4, 2023, and voted to approve the Administrative Variance. NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission makes the following finding of fact related to this request: 1. Bruce and Joy Eklund own the home at 8421 Spring Lake Road in the R-1 zoning district. 2. The required side setback for a driveway in the R-1 district is 10 feet. 3. Members of the Eklund household use a wheelchair and a cane and require easy access to vehicles from the driveway. 4. The home has an existing asphalt driveway about 27 feet wide that is paved out to the north lot line, within the required setback. There is a notch of unpaved area near the north side of the garage, making access difficult to and from vehicles, the house, and garage for a wheelchair and walking with a cane. The applicants want to square off the paved area for easier access, requiring a variance. The applicants did not create this non -conforming condition. The proposed modification adds paved area that does not meet the setback but removes some asphalt that is closer to the lot line, improving the situation in that area. 6. The proposed driveway modification is a reasonable solution, with dimensions and a shape conducive to easy and safe access. 7. The request meets the criteria for granting an Administrative Variance in Section 160.470 and for variances generally in Section 160.466. NOW, THEREFORE, BE IT FURTHER RESOLVED that the Mounds View Planning Commission, based upon the above findings of fact, does hereby approve the Administrative Variance for driveway modifications at 8421 Spring Lake Road as described in the Eklund's application and the Acting Community Development Director's report of October 4, 2023. Adopted this 4th day of October, 2023. Gary Rundle, Planning Commission Chair ATTEST: Brian Beeman, Assistant City Administrator (SEAL) CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA ADMINISTRATIVE VARIANCE APPROVAL NOTICE OF PLANNING COMMISSION REVIEW AND REQUEST FOR COMMENT The Mounds View Director of Community Development has given preliminary approval of an Administrative Variance for expansion of a driveway at 8421 Spring Lake Road. The variance allows the driveway pavement to be within 1 foot of the north side lot line vs. the required 10-foot setback in the Zoning Code. The Mounds View Planning Commission will review the approval at a public meeting on October 4, 2023, 6:30 p.m. at the Mounds View City Hall, 2401 Mounds View Boulevard, Mounds View, Minnesota, 55112 You may provide comment on the approval at the meeting or in writing before then by contacting Nyle Zikmund, City Administrator. Phone: (763) 717-4001 Email: nyle.zikmund(a-)_moundsviewmn.org Mail: 2401 Mounds View Blvd., Mounds View, MN 55112 AMANDA K WEST NATALIE A SULTZE LUKE J EDMOND 8450 KNOLLWOOD ❑R 8442 SPRING LAKE RD 8407 SPRING LAKE R❑ MOUNDS VIEW MN 55112-6136 SAINT PAUL MN 55112-6152 MOUNDS VIEW MN 55112-6153 MICHAEL J EIBES 8408 KNOLLWOOD ❑R MOUNDS VIEW MN 55112-6136 JAMES S WILLIE 8403 SPRING LAKE R❑ MOUNDS VIEW MN 55112-6153 MATTHEW M ENGEL 8430 SPRING LAKE R❑ MOUNDS VIEW MN 55112-6152 LAWRENCE MYSLICKI TR 8454 SPRING LAKE R❑ MOUNDS VIEW MN 55112-6154 MARK D RADTKE 8460 KNOLLWOOD ❑R MOUNDS VIEW MN 55112-6136 MICHAEL K MATTSON 8461 SPRING LAKE R❑ MOUNDS VIEW MN 55112-6153 RICHAR❑ J MITCHELL 8391 SPRING LAKE R❑ MOUNDS VIEW MN 55112-6151 CRAIG W LIFE 8436 SPRING LAKE R❑ MOUNDS VIEW MN 55112-6152 GEORGE R GRONE 8424 KNOLLWOOD ❑R MOUNDS VIEW MN 55112-6136 GREGORY A BUSCH 8410 KNOLLWOO❑ DR MOUNDS VIEW MN 55112-6136 JERRY R CLARKE TR 8406 KNOLLWOO❑ DR SAINT PAUL MN 55112-6136 CHAD DABROWSKI 8425 SPRING LAKE RD MOUNDS VIEW MN 55112-6153 TAMMY ENGLUN❑ 8419 SPRING LAKE RD MOUNDS VIEW MN 55112-6153 SHANNON M HAYNE 8440 KNOLLWOO❑ DR MOUNDS VIEW MN 55112-6136 ERIC BOWMAN 8430 KNOLLWOO❑ DR MOUNDS VIEW MN 55112-6136 NANCY K KRACL 8455 SPRING LAKE RD MOUNDS VIEW MN 55112-6153 ❑AVID M SMITH 8449 SPRING LAKE RD MOUNDS VIEW MN 55112-6153 BRUCE A EKLUND TR 8421 SPRING LAKE RD MOUNDS VIEW MN 55112-6153 CURTIS A VARNADO 8418 SPRING LAKE R❑ MOUNDS VIEW MN 55112-6152 NAFISA A ELDEEB 8406 SPRING LAKE R❑ MOUNDS VIEW MN 55112-6152 COLLEEN F SACCO 8394 SPRING LAKE R❑ MOUNDS VIEW MN 55112-6150 THIS PAGE LEFT BLANK INTENTIONALLY MOUN-DtSVtE:�W: City of Mounds View Staff Report Item No: 07C Meeting Date: October 4, 2023 Type of Business: Planning Business Planning Case: PA2023-0001 To: Mounds View Planning Commission From: Phil Carlson, AICP, Stantec, Interim City Planner Item Title/Subject: Apple Tree Dental, PUD Amendment, Parking Lot Expansion Address: 2442 Mounds View Blvd. PID: 083023230007 Zoning: PUD Owner: Apple Tree Dental Applicant: Mike Kettler, Sunde Engineering, on behalf of Apple Tree Dental Request: PUD Amendment, Parking Lot Expansion Introduction: Apple Tree Dental wants to expand the parking lot in the southwest part of their site at 2442 Mounds View Blvd, along the Long Lake Road frontage. They are applying for an amendment to the PUD' to accomplish this addition. Background: ` -Y-°- The Apple Tree Dental building is part of a planned _ r unit development (PUD) approved in 1998 whichAt has been amended several times since. The PUD z�5 includes a mix of uses on several lots, including 255F255Lf the AMC theaters, the Subway sandwich shop, and the Bridges school program (but not Moe's American Grill). The lot at 2442 Mounds View` - Blvd. was originally approved for a restaurant but the PUD was amended in 2003 to allow office use, w and in 2012 to allow a reduced setback to Mounds View Blvd (20 ft vs. 30 ft). ram ' MI The building is noted in the 2003 approval as r 15,000 sq ft, two stories. Required parking per Mounds View ordinance for a dental office is 1 space per 100 sq ft of net floor area, which t translates to 150 parking spaces required. The general office standard is 1 space per 175 sq ft, or 86 spaces required. There are currently 54 parking spaces in the lot in front of the building. The proposed parking lot addition would remove 3 spaces at the south end for the drive aisle connection to the new 20-space parking lot, for a total of 71 spaces on site after the addition. The building is clearly short of parking according to city standards, so the addition is needed. Planning Commission Staff Report 10/04/2023 — Apple Tree Dental, PUD Amendment, Parking Lot Expansion Page 2 Discussion: Parking The Apple Tree Dental building is short of parking — the applicants note that the parking lot is typically full most of the time during business hours. Some staff park on Mounds View Drive; a crosswalk across Long Lake Road is being considered. The lot is full even with some vacant second floor space. The dental clinic is expanding into that second floor space, so the need for patient and visitor parking will increase. It is in the city's interest to have commercial properties succeed and parking is an essential part of a successful office development — it prevents spillover onto other properties and prevent pedestrian safety issues. This parcel sat vacant as a restaurant site for many years after approval of the original PUD, which was amended to allow an office building instead. It is reasonable and appropriate to amend the PUD again to allow needed parking on site. Wetland/Woodland The original PUD noted the wetland and mature oak woodland on site and sought to preserve the trees as much as possible. The location of the proposed parking lot is currently wooded with volunteer vegetation at the north edge of the wetland. There is a delineated wetland boundary that encroaches 25-30 ft into the south side of the site. The new parking lot would maintain a 25- ft buffer to the edge of the delineated wetland. Some trees would be removed with the construction of the new parking lot, but there would be many more replaced — see Landscaping section below. Setback The required front setback to Long Lake Road is 30 ft. Within a PUD, the zoning standards can be modified within an integrated plan. The proposed parking lot maintains a 21-ft setback to Long Lake Road, 1 ft more than approved on the north side of the property. The boulevard will be replanted with a generous and varied landscape plan. Landscaping The parking lot would remove trees and other vegetation but would be landscaped on all sides with new overstory and understory trees, plus juniper shrubs along Long Lake Road that would grow to 5-6 ft high at maturity, adequate to screen headlights. The Zoning Code has standards for removal and replacement of trees in Section 160.418. The applicant will need to provide details on the number, size, and type of trees to be removed and compare to the trees being proposed on the landscape plan. Lighting There is an existing light pole on the south side of the existing parking lot, which is the north edge of the proposed parking lot. That pole and fixture would be removed and replaced on the east side of the new parking lot. The light will be farther from Long Lake Road than the existing pole and fixture. The proposed plan is illustrated on the next page. The Mounds View Vision A Thriving Desirable Community Planning Commission Staff Report 10/04/2023 — Apple Tree Dental, PUD Amendment, Parking Lot Expansion Page 3 Existing Parking Lot Remove 21 ' Light Pole • 1 Existing Parking Q Lot Y } # _ Proposed Parking Lot ' " n • New 20 Cars New landscaping ' v _ Light iJ Proposed Pole & Parking ;• •"; '„ y Fixture Lot # n boundaTY/ { 25' l : EFi land Deaf, Bo ndary Process: The process for amending a PUD is governed by Section 160.302 which refers to amendment procedures in the code in Section 160.450-452. The process requires a recommendation from the Planning Commission and a public hearing in front of the City Council. Among the considerations: Adverse effects. The Planning and Zoning Commission shall consider possible adverse effects of the proposed amendment or conditional use. Its judgment shall be based upon (but not limited to) the following factors: (1) Relationship to Municipal Comprehensive Plan; (2) The geographical area involved; (3) Whether the use will tend to or actually depreciate the area in which it is proposed; (4) The character of the surrounding area; and (5) The demonstrated need for the use The proposed parking lot satisfactorily meets the five criteria above. The Mounds View Vision A Thriving Desirable Community Planning Commission Staff Report 10/04/2023 — Apple Tree Dental, PUD Amendment, Parking Lot Expansion Page 4 60-Day Deadline The application was received on September 20, 2023. The deadline for final action by the City Council per State statute 15.99 is November 20, 2023. Recommendation: City staff recommends that the City of Mounds View Planning Commission recommend approval of the PUD amendment for Apple Tree Dental to expand the parking lot at the south side of their property at 2442 Mounds View Blvd. as depicted on the Site Plan and Grading & Drainage Plan, both prepared by Sunde Engineering dated 9/16/2023, and the Landscape Plan prepared by INSITES dated 9-16-2023, with the following conditions: Conditions for Approval 1) The applicant will provide details on the number, type, and size of trees to be removed for the parking lot project and compare this to the standards in Section 160.418, to be reviewed and approved by the City Planner and City Engineer prior to a building permit being issued. 2) The plans will be reviewed and approved by the City Engineer for stormwater, infrastructure, and other issues before a building permit is issued. 3) The lighting proposed to be relocated in the new parking lot will be a downcast cutoff type fixture with light levels that do not exceed 1 foot candle at the property line. Findings of Fact for Approval 1) Apple Tree Dental occupies the property at 2442 Mounds View Blvd, which is part of a planned unit development (PUD) approved in 1998. Modifications to the approved plans required an amendment to the PUD. 2) The building has experienced a shortage of parking, requiring parking across the street and crowded conditions. The building will expand the dental clinic use into second floor space that is now vacant, making the parking problems worse. 3) There are 54 parking spaces in the existing parking lot on the site. The applicants propose to construct a new 20-car parking lot in the southwest corner of the property, removing of 3 parking spaces, resulting in a total of 71 parking spaces for the property. 4) The proposed parking lot meets the criteria for approving an amendment to the PUD in Section 160.450-452 of the Zoning Code. Denial If the Planning Commission wishes to deny the request they need to prepare findings that would articulate the reasons for denial. The Mounds View Vision A Thriving Desirable Community Planning Commission Staff Report 10/04/2023 — Apple Tree Dental, PUD Amendment, Parking Lot Expansion Page 5 Following comments from the public hearing, staff requests the Planning Commission recommend the City Council to approve Resolution 9810, by a motion. Respe fully sub tted, r Phil Carlson, AICP Interim City Planner Attachment(s): 1) Application 2) Plans 3) Resolution The Mounds View Vision A Thriving Desirable Community RESOLUTION 1165-23 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF AN AMENDMENT TO THE O'NEIL PROPERTY PLANNED UNIT DEVELOPMENT FOR A 20-CAR PARKING LOT AT 2442 MOUNDS VIEW BLVD; WHEREAS, the Mounds View City Council approved the 26-acre O' Neil Property Planned Unit Development (PUD) in May 1998 for the development of a movie theater, retail, restaurant, office and parking uses; and, WHEREAS, the parcel within the PUD now occupied by Apple Tree Dental located at 2442 Mounds View Blvd. is legally described as: Lot 1, Block 2, Anthony Properties Addition PIN 08- 30- 23-23- 0007; and, WHEREAS, the applicant and property owner wish to amend the PUD by adding a 20-car parking lot in the southwest part of the property; and, WHEREAS, the Mounds View Planning Commission has reviewed this request and has examined the potential adverse effects that could result from such an amendment. NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission makes the following finding of fact related to this request: 1. Apple Tree Dental occupies the property at 2442 Mounds View Blvd, which is part of a planned unit development (PUD) approved in 1998. Modifications to the approved plans required an amendment to the PUD. 2. The building has experienced a shortage of parking, requiring parking across the street and crowded conditions. The building will expand the dental clinic use into second floor space that is now vacant, making the parking problems worse. 3. There are 54 parking spaces in the existing parking lot on the site. The applicants propose to construct a new 20-car parking lot in the southwest corner of the property, removing of 3 parking spaces, resulting in a total of 71 parking spaces for the property. 4. The proposed parking lot meets the criteria for approving an amendment to the PUD in Section 160.450-452 of the Zoning Code. NOW, THEREFORE, BE IT FURTHER RESOLVED that the Mounds View Planning Commission, based upon the above findings of fact, does hereby recommend that the City Council approve an amendment to the O' Neil Property Planned Unit Development ( PUD) Agreement for a 20-car parking lot in the southwest corner of the property as described in the above noted planning case files. Adopted this 4th day of October, 2023. Gary Rundle, Planning Commission Chair ATTEST: Brian Beeman, Assistant City Administrator (SEAL)