2010-03-16 spec* ;1 e. Copy
MISSION STATEMENT: "The City of Mound, through teamwork and cooperation, provides, at a reasonable cost, quality
services that respond to the needs of all citizens, fostering a safe, attractive and flourishing community."
JOINT MOUND CITY COUNCIL AND PLANNING COMMISSION
SPECIAL MEETING WORKSHOP AGENDA
TUESDAY, MARCH 16,2010,7:00 PM, MOUND CITY HALL
1. Review of 2009 Planning Commission Projects / Update
A. 2009 Mound Comprehensive Plan approval by Metropolitan Council (10/09)
B. Mound Surface Water Management (SWMP) update approval (6/09)
C. Recodification of City Code (12/09)
D. Review /recommendation regarding amendment of corner lot setbacks regulations
in R -1A and R -2 districts (3109)
2. Preparation of 2010 Planning Commission Projects List
A. Suggested City Code Review Topics
• Review /discussion of "more common" variance cases
- lakeside deck
- setbacks of existing structures
- other(s)
• Variance
• Review of nuisance /storage /exterior regulations; process and
enforcement
B. Issues Discussion
• Review of nuisance /storage and related "common" exterior issues;
process /enforcement
• 2009 amendments to MN Statutes re: nonconformities
• Exterior building completion timeline regulations
• Review of foundation survey requirements/process
• Proposed 2010 PC Work Rules amendments; current vacancies
• Rental/licensing regulations
C. Implementation of Comprehensive Plan Update
• Review of zoning districts
• Park dedication fee review.
• Subdivision ordinance
• Other(s)
3. Information
• 2009 Planning Commission case list
• 2009 building permit summary report
• 3/16 special meeting/workshop notice for Mound Planning Commission and
City Council, 7PM start time
• Excerpts from Minnesota State Statutes 462.357, Subd 1 e (nonconformities)
• Excerpts from Minnesota State Statutes 462.357, Subd. 6 (appeals and
adjustments)
Excerpts from City Code Chapter 129 -39 (variances)
• City of Mound survey requirements handout
QUESTIONS: Call Jill at 852- 472 -0607 or Sarah at 852- 472 -0604
2009 PLANNING COMMISSION CASES
CASE
CASE
PROPERTY
DATE
#
ON
ADDRESS
APPLICANT
SUBMITTED
STATUS
09 -01
Variance
4955 Donald Drive
Robert Howell
1/19/2009
approved
09-03
Variance
5060 Edgewater Dr
Ron /Jane Anderson
4/6/2009
approved
09-04
Variance
5513/5525 Sherwood
Tang/Weber
4/9/2009
approved
09-05
Variance
5174 Tuxedo Blvd
Shaun Tancheff
6/1/2009
incomplete
09 -06
Maj Sub
Halstead Pointe
Zweber
incomplete
09-07
Variance
Halstead Pointe
Zweber
incomplete
09 -08
CUP
Halstead Pointe
Zweber
incomplete
09 -10
Variance
2911 Cambridge La
Robin Shaughnessy
8/28/2009
approved
09-11
Zone Amen
2116 Commerce Blvd
Bethel U Methodist Church
8/24/2009
pending
09 -12
Variance
4969 Island View Dr
Kenneth Nash
9/2/2009
approved
09 -13
CUP Rev
4831 Shoreline Dr
Max Teplitski
9/18/2009
incomplete
09-14
Variance
4942 Edgewater Dr
9/21/2009
approved
09-15
Variance
2128 Centerview La
Rex & Nancy Lindgren
10/13/2009
approved
09 -15A
Variance
1744 Avocet La
Bruce McKeeman
9/28/2009
approved
09 -16
Variance
1890 Shorewood La
Sandra /Leo Bullock
11/4/2009
approved
City of Mound
Permits Issued & Fees Report - Summary
Issued Date From: 1!1/2009 To: 1201/7009
Permit Type: Select Property Type: All Construction Type: All
Include YTD: No Status: Not Voided
Permit Kind Permit
Dwell
Valuation
Revenue
Plan Check
State
Park SAC SAC Fees Total Fees
Count
Units
Surcharge
Fees Units
Permit Type: BUILDING
COMMERCIAL ALTERATION
Period 2
0
5,000.00
230.30
113.76
2.50
346.56
COMMERCIAL DEMOLITION
Period 4
0
400.00
400.00
COMMERCIAL ROOFING
Period 1
0
30,000.00
498.65
324.12
15.00
837.77
COMMERCIAL TENANT FINISH
Period 1
0
29,659.00
498.65
324.12
14.83
837.60
MULTI FAMILY (3-4 UNITS) WINDOW INSTALL
Period 1
0
MULTI FAMILY (5+ UNITS) FIREPLACE
Period 3
0
3,000.00
165.90
1.50
167.40
MULTI FAMILY (5+ UNITS) ROOFING
Period 3
0
103,120.00
1,574.49
835.50
51.56
2,461.55
PUBLIC ALTERATION
Period 2
0
43,695.00
729.45
474.15
21.85
1,225.45
PUBLIC FOOTINGS TO GRADE
Period 1
0
56,200.00
774.75
503.59
28.10
1,306.44
PUBLIC ROOFING
Period I
0
40,940.00
620.86
403.56
20.47
1,044.89
PUBLIC SIGN, PERMANENT
Period 1
0
54,590.00
849.35
493.58
27.29
1,370.22
SINGLE FAMILY, ATTACHED ALTERATION
Period 1
0
3,164.00
119.70
77.81
1.58
199.09
SINGLE FAMILY, ATTACHED DECK
Period 1
0
3,072.00
119.70
77.81
1.54
199.05
3/11/2010
Page 1 of 3
Permit Kind Permit
Dwell Valuation
Revenue Plan Check State
Park
SAC SAC Fees Total Fees
C ount
Units
Su r c h a rge
Fees
Units
Permit Type: BUILDING
SINGLE FAMILY, ATTACHED ROOFING
Period 43
0
SINGLE FAMILY, DETACHED ACCESSORY STRUCTURE
Period 6
0
SINGLE FAMILY, DETACHED ADDITION
Period 16
0
SINGLE FAMILY, DETACHED ALTERATION
Period 19
0
SINGLE FAMILY, DETACHED BASEMENT FINISH
Period 9
0
SINGLE FAMILY, DETACHED DECK
Period 23
0
SINGLE FAMILY, DETACHED DEMOLITION
Period 7
0
SINGLE FAMILY, DETACHED DOORS
Period 6
0
SINGLE FAMILY, DETACHED EGRESS WINDOW INSTALL
Period 1
0
SINGLE FAMILY, DETACHED FIREPLACE
Period 14
0
SINGLE FAMILY, DETACHED FOUNDATION REPAIR
Period 3
0
SINGLE FAMILY, DETACHED NEW CONSTRUCTION
Period 3
0
SINGLE FAMILY, DETACHED PORCHISUN ROOM
Period 8
0
SINGLE FAMILY, DETACHED REMODEL
Period 17
0
SINGLE FAMILY, DETACHED RETAINING WALL
Period 1
0
SINGLE FAMILY, DETACHED ROOFING
3/11/2010
261,876.00
284,967.00
1,061,300.52
217,763.00
198,460.00
130,170.00
17,500.00
15,848.00
600.00
40,670.00
25,800.00
656,168.00
182,379.00
542,327.00
12,432.00
6,563.90
3,590.74
12,095.10
4,206.45
3,472.44
3,382.82
951.50
607.60
41.86
1,435.96
574.70
5,990.82
3,086.96
7,849.81
258.30
2,334.00
7,928.48
2,350.69
2,257.11
2,198.94
293.49
46.87
27.21
373.57
4,492.13
1,938.75
4,524.26
130.95
142.48
530.64
108.88
99.23
750.00
2,000.00
65.08
8.00 1,500.00
7.94
0.30
20.32
12.90
328.08
91.19
271.17
6.22
11,750.00
6,694.85
6,817.22
22,554.22
6,666.02
5,828.78
5,646.84
2
662.41
69.37
1,456.28
961.17
22,561.03
5,116.90
12,645.24
264.52
Page 2 of 3
Permit Kind Permit Dwell
Count Units
Valuation
Revenue
Plan Check
State
Surcharge
Park SAC SAC Fees
Fees Units
Total Fees
Permit Type: BUILDING
Period 53
0 309,861.94
7,935.41
309.68
154.93
8,400.02
SINGLE FAMILY, DETACHED ROOFING & SIDING
Period 1
0 14,000.00
273.70
7.00
280.70
SINGLE FAMILY, DETACHED SIDING
Period 12
0 106,280.00
2,250.40
117.85
53.14
2,421.39
SINGLE FAMILY, DETACHED WINDOW INSTALL
Period 34
0 148,450.00
4,369.68
40.31
74.19
4,484.18
SINGLE FAMILY, DETACHED WINDOWS & DOORS
Period 8
0 103,568.00
2,092.91
147.88
51.79
2,292.58
SINGLE FAMILY, DETACHED WINDOWS & SIDING
Period 5
0 45,500.00
998.90
22.75
1,021.65
Permit Type: BUILDING - Totals
Period 311
0 4,748,360.46
78411.76
33,009.22
2,373.40
16,000.00
129,99438
Report Total Period 311
0 54,748,360.46
78,611.76
33,009.22
2,373AO
16,000AO
129,99438
3 /11 /2010 Page 3 of 3
MOUND CITY COUNCIL
NOTICE OF SPECIAL MEETING
Notice is hereby given that the Mound City Council will hold a special
meeting on Tuesday, March 16, 2010 at 7:00 PM for the purpose of
meeting with the Planning Commission to review and discuss City
projects and the proposed 2010 Planning Commission work program.
The special meeting will be held in the Council Chambers at Mound
City Hall located at 5341 Maywood Road. All interested persons are
invited and encouraged to attend.
Posted: February 22, 2010
I
�i�■ • • �f•
MOUND PLANNING COMMISSION
NOTICE OF SPECIAL MEETING
Notice is hereby given that the Mound Planning Commission will hold
a special meeting on Tuesday, March 16, 2010 at 7:00 PM for the
purpose of meeting with the City Council to review and discuss City
projects and the proposed 2010 Planning Commission work program.
The special meeting will be held in the Council Chambers at Mound
City Hall located at 5341 Maywood Road. All interested persons are
invited and encouraged to attend.
Posted: February 22, 2010
462.357, 2009 Minnesota Statutes
Pagel of]
Subd. le. Nonconfermities. (a) Except as otherwise provided by law, any nosconformhy, including the lawful use or
occupation of land or premises existing at the time ofthe adoption of an additional "aim) under this uh pter, may be 000ti —d.
including through repair, replacement, restoration, maintenance, or improvement, but not including expansion, unless:
(1) the nonconformity or occupancy is discontinued for a period of mote than one year; or
(2) any nonconforming use is destroyed by fire or other peril to the extent of greater than 50 petsent of its estimated market
value, as indicated in the records of the county assessor at the time of damage, end no building permit has been applied for within
180 days of when the property is damaged. In this case, a municipality may impose reasonable conditions upon a zoning or building
permit in order to mitigate any newly created impact on adjacent property or water body. When a nonconforming structure in the
shoreland district with less than 50 poment of the required setback from the water is destroyed by fits or other peril to greater than
50 percent of its estimated market value, n indicated in Ike records of the county assessor at the time of damage, the structure
setback may be increased if practicable and reasonable conditions are placed upon a zoning or building permit to mitigate created
impacts on the adjacent property or water body.
(b) Any subsequent use or occupancy of the land or premises shall be a conforming use or occupancy. A municipality may, by
ordinance, permit an expansion or impose upon noncoeformities reasonable regulations to prevent and abate nuisances and to
protect the public health, welfare, or safety. This subdivision does not prohibit a municipality from enforcing an ordinaoce that
applies to adults -only bookstores, adults -only theaters, or similar adults -only businesses, as defined by ordinance.
(c) Notwilhstanding paragraph (a), a municipality shall regulate the repair, replacement, maintenance, improvement, or
expansion of nonconforming uses and structures in fioodplain areas to the extent necessary to maintain eligibility in the National
Flood insurance Program and not increase flood damage potential or increase the degree of obstruction to flood flows in the
floodway.
(d) Paragraphs (d) to (j) apply to shomland lots of record in the office of the county recorder on the dote of adoption of local
shoreland controls that do not meet the requirements for lot size or lot width. A municipality shall regulate the use of
nonconforming lots of record and the repair, replacement. maintenance, improvement, or expansion of nonconforming uses and
structures in shoreland arm according to paragraphs (d) to 0).
(e) A nonconforming single lot of record located within a shoreland area may be allowed as a building site without variances
from lot size requirements, provided that:
(1) all structure and septic system setback distance requirements can be met;
(2) a Type t sewage treatment system consistent with Minnesota Rules, chapter 7080, can be installed or the lot is connected to
a public sower; and
(3) the impervious surface coverage does not exceed 2S percent of the lot.
(f) in a group of two or more contiguous Iota of record under it common ownership, as individual kit must be considered as a
separate parcel of land for the purpose of sale or development, if it meats the following requirements:
(1) the lot must be at least 66 percent of the dimensional standard for lot width and lot size for the shorelasd classification
consistent with Minnesota Rules, chapter 6120;
(2) the lot must be connected to a public sewer, if available, or must be suitable for the installation of a Type l sewage
treatment system consistent with Minnesota Rules, chapter 7080, and local government controls;
(3) impervious surface coverage must not exceed 23 pe ment of each lot; and
(4) development of the lot must be consistent with an adopted comprehensive plan,
(g) A lot subject to paragraph (f) not meeting the requirements of paragraph (1) must be combined with the one or more
contiguous lots so they equal one or more conforming lots as much sot possible.
(h) Notwithstanding paragraph (f), contiguous nonconforming lots of record in shoreland areas under a common ownanbip
must be able to he sold or purchased individually if each lot contained a habitable residential dwelliag the time the lots came
under common ownership and the lots are suitable for, or served by, a sewage treatment syetmu consistent with the requirements of
section 115.55 and Minnesota Rules, chapter 7080, or connected to a public sewer.
. (i) in evaluating all variances, zoning and building permit applications, or conditional use requests, the zoning authority shall
require the property owner to address, when appropriate, storm water runoff management, reducing impervious surfaces, increasing
setback, restoration of wetlands, vegetative buffers, sewage treatment and water supply capabilities, and other conservation -
designed actions.
(j) A portion of a conforming lot may be separated from an existing parcel as long as the remainder of the existing parcel assets
the lot size and sewage treatment requirements of the zoning district for a now lot and the newly created parcel is combined with an
adjacent parcel.
https-//www.revisor.mn.gov/statute&t?id=462.357 1/29/2010
462.357, 2009 Minnesota Statutes
Page 1 of 1
S bd. 6. A eals and adjustments ppeals to the board of appeals and adjustments may be
taken by any affecte person upon compliance with any reasonable conditions imposed by the
zoning ordinance. The board of appeals and adjustments has the following powers with respect to
the zoning ordinance:
(1) To hear and decide appeals where it is alleged that there is an error in any order,
requirement, decision, or determination made by an administrative officer in the enforcement of
the zoning ordinance.
(2) To hear requests for variances from the literal provisions of the ordinance in instances
where their strict enforcement would cause undue hardship because of circumstances unique to
the individual property under consideration, and to grant such variances only when it is
demonstrated that such actions will be in keeping with the spirit and intent of the ordinance.
"Undue hardship" as used in connection with the granting of a variance means the property in
question cannot be put to a reasonable use if used under conditions allowed by the official
controls, the plight of the landowner is due to circumstances unique to the property not created by
the landowner, and the variance, if granted, will not alter the essential character of the locality.
Economic considerations alone shall not constitute an undue hardship if reasonable use for the
property exists under the terms of the ordinance. Undue hardship also includes, but is not limited
to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for
earth sheltered construction as defined in section 216C.06, subdivision 14, when in harmony with
the ordinance. The board of appeals and adjustments or the governing body as the case may be,
may not permit as a variance any use that is not permitted under the ordinance for property in the
zone where the affected person's land is located. The board or governing body as the case may be,
may permit as a variance the temporary use of a one family dwelling as a two family dwelling.
The board or governing body as the case may be may impose conditions in the granting of
variances to insure compliance and to protect adjacent properties
https: / /www. revisor .mn.gov /statutes/ ?id=462.357 3/12/2010
Variances Sec. 129 -39
(a) Criteria. A variance to the provisions of this chapter may be issued to provide relief to the landowner in
those zones where this chapter imposes undue hardship or practical difficulties to the property owner in the use
of his land. No use variances may be issued. A variance may be granted only in the event that the following
circumstances exist:
(1) Exceptional or extraordinary circumstances apply to the property which do not apply generally to
other properties in the same zone or vicinity, and result from lot size or shape, topography, or other
circumstances over which the owners of property since enactment of this chapter have no control.
(2) The literal interpretation of the provisions of this chapter would deprive the applicant of rights
commonly enjoyed by other properties in the same district under the terms of this chapter.
(3) The special conditions or circumstances do not result from the actions of the applicant.
(4) Granting of the variance requested will not confer on the applicant any special privilege that is
denied by this chapter to owners of other lands, structures or buildings in the same district.
(5) The variance requested is the minimum variance which would alleviate the hardship.
(6) The variance would not be materially detrimental to the purposes of this chapter or to property in
the same zone.
(b) Procedure.
(1) The person applying for a variance shall fill out and submit to the planning staff a variance request
form. A site plan with a certificate of survey must be attached at a scale large enough for clarity showing
the following information:
a. Location and dimensions of:
1. Lot;
2. ' Building;
3. Driveways; and
4. Off - street parking spaces.
b. Distance between:
1. Building and front, side, and rear lot lines;
2. Principal building and accessory buildings;
3. Principal building and principal buildings on adjacent lots.
C. The location of signs, easements, underground utilities, etc.
d. Any additional information as may be reasonably required by the planning staff
and applicable sections of this zoning chapter.
(2) The planning staff shall refer the application to the Planning Commission for review.
(3) The Planning Commission must take action on the application within 90 days after receiving the
application. If it recommends for the variance, it may impose conditions it considers necessary to protect
the public health, safety and welfare and such conditions may include a time limit for the use to exist or
operate
(4) Upon receiving the recommendation of the Planning Commission or within 60 days after referral of
the application for a variance to the Planning Commission, if no recommendation has been transmitted,
the Council may place the request on the agenda. The Council may grant variances from the literal
provisions of this chapter in instances where their strict enforcement would cause undue hardship
because of circumstances peculiar and unique to the individual premises, or property, under
consideration, and may grant such a variance only when the applicant therefore has demonstrated that
such action will be in keeping with the spirit and intent of this chapter and the zoning district in which
such a variance is requested
(c) The Council may impose any reasonable condition in the granting of such variances in order to insure
compliance with this chapter, or to protect adjacent property.
(Code 1987, § 350.530; Ord. No. 61 -1993, § 350.530, 2 -23 -1994)
State law reference— Variances, Minn. Stats. § 462.357, subd. 6(2).
SURVEY REQUIREMENTS
PERMIT & ZONING APPLICATION AND
AS -BUILT SURVEY REQUIREMENTS
Each certified land survey shall indicate that permanent iron monuments are in place at each
lot corner. The survey shall also show the following:
1. North arrow and scale of drawing.
2. Legal description of parcel.
3. Lot area of parcel measured in square feet and dimension of all lot lines. Lot area is
measured above the Ordinary High Water as listed below (929.4 for Lake
Minnetonka).
4. Dimensions and location of all known easements, and type of easement.
5. Location of all existing buildings. For remodeling or addition permits, dimensions of
each building and reference distances from the lot lines to the nearest point of each
building must be shown.
6. Location of existing utilities, including but not limited to manholes, hydrants, catch
basins power poles, and telephone boxes. Show all existing and proposed sewer
and water service locations, and where they come Into the structure with
dimensional ties. Water shut off cannot be located in the driveway.
7. Front, side, and rear yard setback dimensions to existing and proposed buildings; all
outside dimensions of buildings, including decks and fireplaces.
8. Setback dimensions to existing buildings located on adjacent lots if they are within 25
feet of side lot line; first floor and at grade elevations of corners of buildings on
adjacent lots.
9. Location of irons at each side lot line establishing proposed front building line. The
maintenance of these irons, once established by the surveyor, shall be the
responsibility of the building permit applicant. Wood stakes or lath shall be placed at
the four comers of the proposed building.
10. Location of proposed driveway, future garage site if not included with building permit
application and. minimum of two (2) off - street parkway spaces (325 S.F. per stall).
11. Benchmark elevation to National Geodetic Vertical Datum (N.G.V.D.) and description
of location. Benchmarks are available at City Hall, 952 - 472 -0600.
12. Grade elevations at the following points (additional elevations may be required):
a. Existing and proposed at each lot corner.
b. Existing street elevations (centerline and top of curb) at each lot line extended
and both sides of proposed driveway at intersection with street.
C. Existing elevations on side lot lines, at extension of proposed front and rear
building lines and any major grade changes.
d. Proposed lowest floor, garage floor, and top of foundation elevations.
e. Existing and proposed elevations at all major corners of building.
f. Existing and proposed elevations at top and bottom of any major slopes.
g. Proposed finished grade at front building line and /or ordinary high water line.
h. TOP OF BLUFF AND SETBACK FROM TOP OF BLUFF.
Revised 1/10
Page 1 of 2
13. Location and elevations at top and bottom of any proposed retaining walls.
14. Proposed direction of surface water drainage indicated by arrows and elevations, and
percent of slope on driveway if applicable.
15. The Ordinary High Water elevation /contour must be shown if lot abuts body of water
or is within 50 feet of said water.
16. The Floodplain elevation /contour must be shown and labeled (Both MCWD and City).
Any possible wetlands should also be marked. Filling within the floodplain and
wetlands shall not occur without permission from the City of Mound and the
Minnehaha Creek Watershed District.
FOUNDATION SURVEY REQUIREMENTS
As part of the pre - construction site inspection the following staking is required to be
completed:
1. Setback dimension stakes on the property line with setback dimension
measurement to at least three foundation corners of the proposed structure.
2. Offset and grade stakes to proposed foundation comers.
After foundation is in place and prior to construction proceeding, contractor is
to have surveyor verify in the field the location and elevation of building
foundation per building plan requirements and a survey copy given to the City of
Mound for approval to proceed.
NOTE: Foundation survey verification documentation requirement may be
waived if the setbacks for the subject property are 5 feet or greater over the
established minimums of front, side, and rear setback requirements for the
district
Revised 1 /10
Page 2 of 2
Ordinary High Water
Flood Elevation
Lowest Floor
Elevation
LAKE MINNETONKA
929.4
MCWD 931.5 /CITY 931
933
DUTCH LAKE
939.2
940
942
LAKE LANGDON
932.1
935
937
FOUNDATION SURVEY REQUIREMENTS
As part of the pre - construction site inspection the following staking is required to be
completed:
1. Setback dimension stakes on the property line with setback dimension
measurement to at least three foundation corners of the proposed structure.
2. Offset and grade stakes to proposed foundation comers.
After foundation is in place and prior to construction proceeding, contractor is
to have surveyor verify in the field the location and elevation of building
foundation per building plan requirements and a survey copy given to the City of
Mound for approval to proceed.
NOTE: Foundation survey verification documentation requirement may be
waived if the setbacks for the subject property are 5 feet or greater over the
established minimums of front, side, and rear setback requirements for the
district
Revised 1 /10
Page 2 of 2