Loading...
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