HomeMy WebLinkAbout2020-09-15 PC Packet
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AGENDA
CITY OF MAPLEWOOD
PLANNING COMMISSION
Tuesday, September 15,2020
7:00 PM
Held Remotely Via Conference Call
Dial 1-888-788-0099
When Prompted Enter Meeting ID: 956 1323 9316#
No Participant ID, Enter # When Prompted
A.Call to Order
B.Roll Call
C.Approval of Agenda
D.Approval of Minutes
1.August 18, 2020
E.Public Hearing
1.7:00 p.m. or later: Boaters Outlet Exterior Storage, 2000/1986 Rice Street
a.Conditional Use Permit Resolution
2.7:00 p.m. or later: Rezone Property from Single Family Residential (R-1) to Double Dwelling
Residential (R-2), 680 Viking Drive
a.Rezoning Resolution
F.New Business
1.Public Vacation Resolution, Portion of Curve Street, north of Frost Avenue and west of
Clarence Street
G.Unfinished Business
H.Visitor Presentations
I.Commission Presentations
J.Staff Presentations
K.Adjournment
WELCOME TO THIS MEETING OF THE
PLANNING COMMISSION
This outline has been prepared to help you understand the public meeting process.
The review of an item usually takes the following form:
1.The chairperson of the meeting will announce the item to be reviewed and ask for the
staff report on the subject.
2.Staff presents their report on the matter.
3.The Commission will then ask City staff questions about the proposal.
4.The chairperson will then ask the audience if there is anyone present who wishes to
comment on the proposal.
5.This is the time for the public to make comments or ask questions about the proposal.
Please step up to the podium and speak clearly. Give your name and address first and
then your comments.
6.After everyone in the audience wishing to speak has given his or her comments, the
chairperson will close the public discussion portion of the meeting.
7.The Commission will then discuss the proposal. No further public comments are allowed.
8.The Commission will then make itsrecommendation or decision.
9.All decisions by the Planning Commission are recommendations to the City Council. The
City Council makes the final decision.
“Welcome to the meeting of the Maplewood Planning Commission. It is our desire to
keep all discussions civil as we work through difficult issues tonight. If you are here for a
Public Hearing or to address the Planning Commission, please familiarize yourself with
the Policies and Procedures and Rules of Civility, which are located near the entrance. At
the podium please state your name and address clearly for the record.”
Revised:02/18
D1
MINUTES OF THE MAPLEWOOD PLANNING COMMISSION
1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA
TUESDAY, August 18, 2020
7:00 P.M.
(THIS MEETING WAS HELD REMOTELY VIA CONFERENCE CALL)
A.CALL TO ORDER
A meeting of the Commission was held and called to order at 7:00 p.m. by Chairperson Arbuckle.
B.ROLL CALL
Paul Arbuckle, ChairpersonPresent
Frederick Dahm, CommissionerPresent
Tushar Desai, CommissionerPresent
John Eads, CommissionerPresent
Allan Ige, CommissionerPresent
Lue Yang, CommissionerPresent
Staff Present: Michael Martin, Assistant Community Development Director
C.APPROVAL OF AGENDA
Commissioner Desai moved to approve the agenda as submitted.
Seconded by Commissioner Dahm. Ayes – All
The motion passed.
D.APPROVAL OF MINUTES
Commissioner Desai moved to approve the July 21, 2020, PC minutes as submitted.
Seconded by Commissioner Yang. Ayes – Chairperson Arbuckle,
Commissioners Desai, Eads,
Ige & Yang
Abstention – Commissioner Dahm
The motion passed.
E.PUBLIC HEARING
1.7:00 p.m. or later: Home-Based Cement Business with Storage of Commercial Vehicles,
2510 Carver Avenue
a.Home Occupation License Resolution
b.Conditional Use Permit Resolution
Chairperson Arbuckle opened the public hearing.
August 18, 2020
Planning Commission Meeting Minutes
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Naomi Zamora, the applicant spoke. There were no callers.
Chairperson Arbuckle closed the public hearing.
Commissioner Desai moved to approve both resolutions and eliminate the April to October
limitation from the license.
Seconded by Commissioner Yang. Ayes – All
The motion passed.
This item will go to the city council on September 14, 2020.
2.7:00 p.m. or later: Dogtopia, 2015 Woodlynn Avenue East
a.Conditional Use Permit Resolution.
Chairperson Arbuckle opened the public hearing.
Cindy Lang and Alissa Bert, the applicants and Kathy Halter, Dogtopia Support Office spoke.
There were no callers.
Chairperson Arbuckle closed the public hearing.
Commissioner Ige moved to approve the Conditional Use Permit Resolution to allow an outdoor
play area for the dog daycare at 2015 Woodlynn Avenue East.
Seconded by Commissioner Desai. Ayes – All
The motion passed.
This item will go to the city council on September 14, 2020.
3.Woodspring Suites, 1744 County Road D East
a.Conditional Use Permit for a Planned Unit Development Amendment Resolution
Chairperson Arbuckle opened the public hearing.
Pete Moreau, Sambatek, Chip Johnson, Turnstone Group and Chris Peterson, 1686 Village Trail
East spoke.
Chairperson Arbuckle closed the public hearing.
Commissioner Desai moved to approve the Conditional Use Permit for a Planned Unit
Development Amendment Resolution.
Seconded by Commissioner Dahm. Ayes – All
The motion passed.
This item will go to the city council on September 14, 2020.
F.NEWBUSINESS
None.
August 18, 2020
Planning Commission Meeting Minutes
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G.UNFINISHED BUSINESS
None.
1.VISITOR PRESENTATIONS
None.
I.COMMISSION PRESENTATIONS
None.
J.STAFFPRESENTATIONS
None.
K.ADJOURNMENT
Chairperson Arbuckle adjourned the meeting at 8:30 p.m.
August 18, 2020
Planning Commission Meeting Minutes
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PLANNING COMMISSIONSTAFF REPORT
Meeting Date September 15, 2020
REPORT TO:
Melinda Coleman, City Manager
REPORT FROM:
Shann Finwall, AICP, Environmental Planner
PRESENTER:
Michael Martin, AICP, Community Development Director
Boaters Outlet Exterior Storage, 2000/1986 Rice Street
AGENDA ITEM:
a.Conditional Use Permit Resolution
Action Requested: MotionDiscussion Public Hearing
Form of Action: Resolution OrdinanceContract/Agreement Proclamation
Policy Issue:
Exterior storage of boats in the Business Commercial zoning district requires a conditional use
permit.
Recommended Action:
Motion to approve the attached resolution for a conditional use permit to allow the exterior storage
of boats at 1986 Rice Street for the benefit of Boaters Outlet at 2000 Rice Street.
Fiscal Impact:
Is There a Fiscal Impact? No Yes, the true or estimated cost is n/a
Financing source(s): Adopted Budget Budget Modification New Revenue Source
Use of Reserves Other: n/a
Strategic Plan Relevance:
Financial SustainabilityIntegrated CommunicationTargeted Redevelopment
Operational EffectivenessCommunity InclusivenessInfrastructure & Asset Mgmt.
The City deemed the applicant’s application complete on August 27, 2020. Minnesota State Statute
15.99 requires that the City take action on land use permits within 60 days. The 60-day review
deadline for a decision on the conditional use permit is October 26, 2020.
Background:
On May 8, 2017, the City Council approved several land use permits for Boaters Outlet located at
2000 Rice Street, including a conditional use permit for a metal building in the Business
Commercial Zoning District, a conditional use permit for the exterior storage of boats, and design
review. The owner of Boaters Outlet, Glenn Kloskin, is proposing to lease space from George
Sonnen, owner of McCarron’s Pub and Grill located at 1986 Rice Street for additional exterior
storage of boats.
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Exterior Storage of Boats
Boaters Outlet offers boat storage to its customers over the winter months. The boats are
winterized with shrink wrap and stored on the back side of their property at 2000 Rice Street.
The applicant states that they need additional space for staging in the fall and spring when the
boats come in and leave the property. Boaters Outlet will be leasing a storage area from
McCarron’s Pub and Grill at 1986 Rice Street described as follows:
Located approximately 250 feet from Rice Street, just to the south of their existing storage
area, behind the McCarron’s Pub and Grill parking lot.
200 feet deep by 40 feet wide.
Accessed through a gate at the rear of Boaters Outlet’s existing storage area.
Can accommodate the storage of 35 to 40 boats.
Exterior storage of boats in the Business Commercial zoning district requires a conditional use
permit. The City may require screening of the exterior storage areas.
Screening
The leased storage area will be surrounded by fencing. An 8-foot high white vinyl screening fence
will be constructed along the front, or west side of the leased storage area. This fence will match
the existing screening fence on Boaters Outlet’s property. An 8-foot high chain link security fence
will be constructed around the south and west sides. Screening will also be provided by the
distance of the leased storage area from the street, and the mature trees surrounding the area. A
permit will be required for the installation of a fence over 7 feet high (per the building code). The
fence must be installed prior to storing boats in the leased storage area.
Storage Area Surface
The City’s parking ordinance requires that all off-street parking lots have a surface of bituminous
material, concrete, or alternative parking method of reinforced turf. The code, however, is silent on
the surface requirements for a storage area.
The applicant is proposing to store the boats on the existing dirt surface. The City approved their
existing boat storage surface to be Class 5 along the driving access aisles, and grass where the
boats are stored.
The City’s engineering department and Capital Region Watershed District have reviewed the
preliminary plans. They both indicate that at a minimum, the east half of the site needs to be
stabilized with rock aggregate due to the slight slope and neighboring wetland. A grading permit
and watershed district permit will be required prior to storing boats in the leased storage area.
Wetland
There is a Manage A wetland located on the vacant lot to the east. The City’s wetland ordinance
requires a 100-foot average buffer for Manage A wetlands. No building, grading, or stormwater
structures can be located within the buffer. The leased storage area will be located 159 feet from
the wetland.
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Lighting/Landscaping
No additional lighting or landscaping is proposed in the leased storage area.
Department Comments
Engineering: The east half of the leased storage area needs to be stabilized with rock aggregate.
This will require a grading permit. No stormwater plan is required as the disturbance area is low.
Additionally, the applicants provided 1,500 cubic feet of excess stormwater volume reduction in
their original development just to the north.
Public Safety: Police and Fire have reviewed this project and have no comments.
Resident Comments
Staff surveyed the six property owners within 500 feet of the property and did not receive any
comments.
Reference Information
Site Description: Vacant land located behind an existing bar and restaurant parking lot.
Site Size: 8,000 square foot leased area within the 1.43 acre lot
Surrounding Land Uses
North: Boaters Outlet
East: Vacant Lot and Manage A Wetland
South: Rice Street Gardens
West: Rice Street and Galilee Evangelical Lutheran Church across the street.
Planning
Existing Land Use: Mixed-Use Community
Existing Zoning: Business Commercial
Attachments:
1.Conditional Use Permit Resolution
2.Applicant’s Narrative
3.Overall Plan
4.Zoning Map
5.Land Use Map
6.Site Plan
7.Elevation
PC Packet Page Number7 of 34
E1, Attachment 1
CONDITIONAL USE PERMIT RESOLUTION
WHEREAS, Glenn Kloskin, owner of Boaters Outlet at 2000 Rice Street, and George
Sonnen, owner of McCarron’s Pub and Grill at 1986 Rice Street, have applied for a conditional use
permit for exterior storage of boats at 1986 Rice Street, for the benefit of Boaters Outlet retail and
boat storage facility at 2000 Rice Street;
WHEREAS, Section 44-512 (4) of the Business Commercial district states that a conditional
use permit may be granted for exterior storage in the Business Commercial district;
WHEREAS, this permit applies to the property located at 1986 Rice Street.
WHEREAS, the legal description and property identification number of the property is:
N 100 FT OF S 775 FT OF W 470 FT OF NW1/4. ALSO, EX N 44 FT OF E 10 FT;
THE N 202 FT OF S 675 FT OF W 152 FT OF NW1/4 (SUBJ TO RD & ESMT) IN
SEC 18 TN 29 RN 22
PIN 182922230009
WHEREAS, the history of this conditional use permit is as follows:
1.On September 15, 2020, the Planning Commission held a public hearing. The City staff
published a notice in the paper and sent notices to the surrounding property owners. The
Planning Commission gave everyone at the hearing a chance to speak and present written
statements. The Planning Commission also considered the reports and recommendations of
City staff. The Planning Commission recommended that the City Council ____________this
permit.
2.On ________________, the City Council considered reports and recommendations of the
City staff and Planning Commission.
NOW, THEREFORE, BE IT RESOLVED that the City Council _________ the above-
described conditional use permit, because:
1.The use would be located, designed, maintained, constructed and operated to be in
conformity with the City's Comprehensive Plan and Code of Ordinances.
2.The use would not change the existing or planned character of the surrounding area.
3.The use would not depreciate property values.
4.The use would not involve any activity, process, materials, equipment or methods of
operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance
to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes,
water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical
interference or other nuisances.
5.The use would generate only minimal vehicular traffic on local streets and would not
create traffic congestion or unsafe access on existing or proposed streets.
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E1, Attachment 1
6.The use would be served by adequate public facilities and services, including streets,police
and fire protection, drainage structures, water and sewer systems, schools and parks.
7.The use would not create excessive additional costs for public facilities or services.
8.The use would maximize the preservation of and incorporate the site's natural and scenic
features into the development design.
9.The use would cause minimal adverse environmental effects.
Approval is subject to the following conditions:
1.All construction shall follow the site plan date-stamped August 4, 2020, approved by the
City. Staff may approve minor changes.
2.This permit allows Boaters Outlet to use an 8,000 square foot area at 1986 Rice Street for
the storage of boats for their retail boat sales and storage business at 2000 Rice Street.
3.Prior to use of the leased storage area, the applicant must obtain the following:
a.Fence permit.
b.Grading permit.
c.Watershed district permit.
4.The proposed use must be substantially started within one year of City Council approval or
the permit shall become null and void. The City Council may extend this deadline for one
year.
5.The City Council shall review this permit in one year.
The Maplewood City Council _________ this resolution on _____________________.
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E1, Attachment 2
PC Packet Page Number10 of 34
E1, Attachment 3
200'by40'leasedstoragearea
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E1, Attachment 4
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E1, Attachment 5
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E1, Attachment 6
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E1, Attachment 7
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PLANNING COMMISSIONSTAFF REPORT
Meeting Date September 15, 2020
REPORT TO:
Melinda Coleman, City Manager
REPORT FROM:
Shann Finwall, AICP, Environmental Planner
PRESENTER:
Michael Martin, AICP, Assistant Community Development Director
Rezone Property from Single Family Residential (R-1) to Double Dwelling
AGENDA ITEM:
Residential (R-2), 680 Viking Drive
a. Rezoning Resolution
Action Requested:MotionDiscussionPublic Hearing
Form of Action:ResolutionOrdinanceContract/AgreementProclamation
Policy Issue:
Troy Olson of BMT Properties LLC is requesting to rezone the property at 680 Viking Drive from
single-family residential to double dwelling residential. The property is currently being used as a
double dwelling unit. In order to continue that use, the City Council must approve the rezoning.
Recommended Action:
Motion to approve a resolution to rezone the property at 680 Viking Drive from single dwelling
residential (R-1) to double dwelling residential (R-2).
Fiscal Impact:
Is There a Fiscal Impact? No Yes, the true or estimated cost is $0
Financing source(s): Adopted Budget Budget Modification New Revenue Source
Use of Reserves Other: n/a
Strategic Plan Relevance:
Financial Sustainability Integrated Communication Targeted Redevelopment
Operational Effectiveness Community Inclusiveness Infrastructure & Asset Mgmt.
The City deemed the applicant’s application complete on August 27, 2020. Minnesota State Statute
15.99 requires that the City take action on land use permits within 60 days. The 60-day review
deadline for a decision on the rezoning is October 26, 2020.
Background:
The City approved the building permit for the development of a single-family home at 680 Viking
Drive in 1980. The site plan included: 1) a finished main level with two bedrooms and a bathroom;
2) an unfinished basement; 3) two attached garages, one on each side of the house; 4) two
separate driveways onto Viking Drive, one for each garage.
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Ramsey County records reflect that there was a change in property owners on August 17 and
August 29, 1996. This was likely a foreclosure and transfer to a bank and new property owner. The
next sale was by the applicant in 2004. The applicant’s attached narrative states that the property
was a double dwelling house at that time of purchase.
Conversion of House to Double Dwelling
There are no building or land use permits on file to indicate that the City approved the conversion of
the single-family house to a double dwelling house. The conversion likely took place between 1996
and 2004 under the previous owner.
Use of the Property Since 2004
Since 2004 the applicant has been renting out both units. Since that time, City records reflect that
several building permits were issued including new windows, siding, and a roof. Additionally, the
City had received a few code compliance complaints regarding previous tenants. Currently,
however, the house is vacant and under contract for sale.
Proposed Sale of Property
The prospective buyers plan to live in one of the units and rent the second. In order to continue the
use of the property as a double dwelling, the City Council must approve rezoning 680 Viking Drive
from single-family residential (R-1) to double dwelling residential (R-2).
Rezoning Criteria
City code requires that the Planning Commission and City Council consider the following criteria
when rezoning a property:
1. Assure itself that the proposed change is consistent with the spirit, purpose and intent of city
code.
2. Determine that the proposed change will not substantially injure or detract from the use of
neighboring property or from the character of the neighborhood and that the use of the
property adjacent to the area included in the proposed change or plan is adequately
safeguarded.
3. Determine that the proposed change will serve the best interests and conveniences of the
community, where applicable, and the public welfare.
4. Consider the effect of the proposed change upon the logical, efficient, and economical
extension of public services and facilities, such as public water, sewers, police and fire
protection and schools.
5. Be guided in its study, review and recommendation by sound standards of subdivision
practice where applicable.
6. Impose such conditions, in addition to those required, as are necessary to ensure that the
intent of this chapter is complied with, which conditions may include but not be limited to
harmonious design of buildings; planting and the maintenance of a sight or sound screen;
the minimizing of noxious, offensive or hazardous elements; and adequate standards of
parking and sanitation.
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Department Comments
Engineering Department
Jon Jarosch, Assistant City Engineer, states that the City assessed the property as a multiple
dwelling unit as part of the Kenwood Area Street Improvements in 2006. Engineering has no
concerns with this proposal
Public Safety
Police and Fire have reviewed this project and have no comments.
Resident Comments
1.673 Viking Drive,
a. Kaitlin Berg: After doing some research on zoning, I think it would be best if the
property is allowed to rezone as double dwelling residential.
I think the current owners did a great job in addressing the housing shortage in the
Twin Cities metro area. Allowing a change in zoning can help to alleviate that
shortage by allowing multiple families to reside on a property that previously only
allowed one family. This change can also allow other families that couldn't afford to
purchase the single residence an opportunity to be closer to center of the city, which
we all know opens more doors for other things like better school districts, more job
opportunities, etc.
I think this can be a small change toward combating inequities minorities are facing
in this area.
b. Ryan Gage: We received your letter asking for comments on the proposed rezoning
of 680 Viking Drive. We do not have any issues with it being rezoned and continuing
to be operated as a duplex.
2. 674 Viking Drive, Tom Mooney: Today I received your letter regarding the rezoning of 680
Viking Drive to Double Dwelling. My name is Tom Mooney, and I reside at 674 Viking Drive.
Immediately next door to 680 Viking Drive. I have lived at 674 Viking Driver for just over 30
years, and when I first moved in 680 Viking was a single-family home.
I am ABSOLUTELY OPPOSED to 680 Viking Drive being zoned for a Double Dwelling
residential property.
The letter you sent states that the property is currently being used as a double dwelling unit.
The property has been vacant since the end of August 2019. The property owner’s letter
states that he is unaware of any concerns in the past with it being a multi- family, when in
fact I have called the city on this being a Double Dwelling property before. Since 2006
Maplewood Police have been to the house for various issues a total of 38 times - 10 times
since 2016 (isn't there an ordinance about having more than 3 calls in a year). They have
never been to a call at my home, or to the best of my recollection, the families at 680 Viking
prior to that. He also states the structure is built like a duplex. There is another home on the
block that is an almost identical structure. It has been a single-family home, with the same
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owners, for as long as I have lived here. So, how it looks or was perceived to be is not
relevant.
Again, I am OPPOSED to 680 Viking Drive being zoned to Double Dwelling residential.
3. 2253 Kenwood Court, David and Alyssa Endrizzi: We received the notice of about the
zoning for the property on 680 Viking Dr. We are good with the proposed change, no
concerns.
4. 2215 Kenwood Court, Cindy and Kevin Carlson: We received your letter dated 8/27/20 re:
the rezoning application for the property at 680 Viking Dr. The property owner makes a
good case for the zoning change. We are in favor of the City granting approval of their
request.
5. 2223 Payne Avenue, Krissi Mills: My husband, Ryan McCabe, and I own the property at
2223 Payne Ave in Maplewood and received your request for input about rezoning the
property at 680 Viking Drive. We have no issue with the proposed change to rezone the
property from single family residential to double dwelling residential.
Summary
Rezoning the property at 680 Viking Drive from single-family residential (R-1) to double dwelling
residential (R-2) will not substantially detract from the use of neighboring properties or from the
character of the neighborhood for the following reasons:
1. The prospective buyer proposes to live in one unit and rent the second unit. This will ensure
close oversight of the property and future tenants by the owner.
2. The rental unit will be included in the City’s rental housing licensing program in the near
future. This will ensure closer City oversight of the property and future tenants.
3. Because the second unit was constructed without the required building permits, staff
recommends a life/safety inspection of the property. Any issue in noncompliance of the
City’s life/safety standards must be corrected. This will ensure the safety of the future owner
and tenants.
Attachments:
1. Rezoning Resolution
2. Narrative
3. Future Land Use Map
4. Zoning Map
5. Elevation
PC Packet Page Number20 of 34
E2, Attachment 1
REZONING RESOLUTION
BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows:
Section 1. Background.
1.01 Troy Olson of BMT Properties LLC is requesting to rezone the property at 680 Viking
Drive from single-family residential to double dwelling residential. The property is
currently being used as a double dwelling unit. In order to continue that use, the City
Council must approve the rezoning.
1.02 The property is located at 680 Viking Drive and is legally described as:
W 75 FT OF E 229.76 FT MOL OF N 487.37 FT MOL OF SW 1/4 OF SE 1/4 (SUBJ
TO HWY & ESMTS) IN SEC 8 TN 29 RN 22
Property Identification Number 082922430037
Section 2. Standards
2.01 Section 44-1165 outlines criteria the Planning Commission and City Council must
consider when considering a rezoning of property as follows:
1. Assure itself that the proposed change is consistent with the spirit, purpose
and intent of city code.
2. Determine that the proposed change will not substantially injure or detract
from the use of neighboring property or from the character of the
neighborhood and that the use of the property adjacent to the area included
in the proposed change or plan is adequately safeguarded.
3. Determine that the proposed change will serve the best interests and
conveniences of the community, where applicable, and the public welfare.
4. Consider the effect of the proposed change upon the logical, efficient, and
economical extension of public services and facilities, such as public water,
sewers, police and fire protection and schools.
5. Be guided in its study, review and recommendation by sound standards of
subdivision practice where applicable.
6. Impose such conditions, in addition to those required, as are necessary to
ensure that the intent of this chapter is complied with, which conditions may
include but not be limited to harmonious design of buildings; planting and the
maintenance of a sight or sound screen; the minimizing of noxious, offensive
or hazardous elements; and adequate standards of parking and sanitation.
PC Packet Page Number21 of 34
E2, Attachment 1
Section 3. Findings.
3.01 Rezoning the property at 680 Viking Drive from single-family residential (R-1) to
double dwelling residential (R-2) will not substantially detract from the use of
neighboring properties or from the character of the neighborhood.
Section 4. City Review Process
4.01 The City conducted the following review when considering this conditional use permit
request.
1. On September 15, 2020, the Planning Commission held a public hearing. City
staff published a hearing notice in the Pioneer Press and sent notices to the
surrounding property owners. The Planning Commission gave everyone at
the hearing a chance to speak and present written statements. The Planning
Commission recommended that the City Council __________this resolution.
2. On ________________, the City Council discussed this resolution. They
considered reports and recommendations from the Planning Commission and
city staff.
Section 5. City Council
5.01 The City Council hereby _______ the resolution. Approval is based on the findings
outlined in section 2 of this resolution. Approval is subject to the following condition:
1. The City must conduct a life/safety inspection of the property. Any issue in
noncompliance of the City’s life/safety standards must be corrected.
__________ by the City Council of the City of Maplewood, Minnesota, on ____________________.
PC Packet Page Number22 of 34
E2, Attachment 2
PC Packet Page Number23 of 34
E2, Attachment 3
680 Viking Drive East
August 21, 2020
City of Maplewood
Legend
!
I
Future Land Use - 2040
Low Density Residential
Parcel
0120
Feet
Source: City of Maplewood, Ramsey County
PC Packet Page Number24 of 34
E2, Attachment 4
680 Viking Drive East
August 21, 2020
City of Maplewood
Legend
!
I
Zoning
Single Dwelling (r1)
Parcel
0120
Feet
Source: City of Maplewood, Ramsey County
PC Packet Page Number25 of 34
E2, Attachment 5
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F1
PLANNING COMMISSION STAFF REPORT
Meeting Date September 15, 2020
REPORT TO:
Melinda Coleman, City Manager
REPORT FROM:
Michael Martin, AICP, Assistant Community Development Director
PRESENTER:
Michael Martin, AICP, Assistant Community Development Director
AGENDA ITEM:
Public Vacation Resolution, Portion of Curve Street, north of Frost Avenue
and west of Clarence Street
Action Requested: Motion Discussion Public Hearing
Form of Action: Resolution Ordinance Contract/Agreement Proclamation
Policy Issue:
Betty and Michael Schultz are requesting the City of Maplewood vacate the full width of the unused
Curve Street public right-of-way northwest of their property at 1351 Frost Avenue. This unused
public right-of-way is located north of Frost Avenue and west of Clarence Street.
Recommended Action:
Motion to approve the attached public right-of-way vacation resolution for the unused Curve Street
right-of-way, north of Frost Avenue and west of Clarence Street.
Fiscal Impact:
Is There a Fiscal Impact? No Yes, the true or estimated cost is $0.
Financing source(s):Adopted BudgetBudget ModificationNew Revenue Source
Use of Reserves Other: N/A
Strategic Plan Relevance:
Financial Sustainability Integrated Communication Targeted Redevelopment
Operational Effectiveness Community Inclusiveness Infrastructure & Asset Mgmt.
The city deemed the applicant’s application complete on September 1, 2020. The initial 60-day
review deadline for a decision is October 31, 2020. As stated in Minnesota State Statute 15.99, the
city is allowed to take an additional 60 days if necessary to complete the review.
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Background:
Staff sees no reason to retain this unused section of Curve Street right-of-way for roadway needs.
There is no potential for its use as a roadway and, therefore, no benefit to the city to retain it as
such. It appears to Staff that the right-of-way would combine with the property to the south once
vacated. However, this decision would ultimately be made by Ramsey County at the time of
recording.
The city council is required to hold a public hearing for public vacation requests. Staff will send
notices to all property owners within the same plat that this section of Curve Street is located within.
When approving public vacations, if a majority of the abutting property owners sign a petition, the
City Council may approve the vacation by a simple majority vote. Without this petition, the City
Council may only approve the vacation with at least four of the five members voting to approve the
vacation. On this specific request, a majority of abutting property owners have signed a petition in
support and the City Council can approve with a simple majority vote.
Attachments:
1. Public Vacation Resolution
2. Overview Map
3. Applicant Letter
4. Survey
5. Petition
6. Staff Engineer Jon Jarosch’s comments, September 9, 2020
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F1, Attachment 1
PUBLIC VACATION RESOLUTION
Be it resolved by the City Council of the City of Maplewood, Minnesota, as follows:
Section 1. Background.
1.01 Betty and Michael Schultz have petitioned the Maplewood City Council to vacate
unused Curve Street public right-of-way north of Frost Avenue and west of Clarence
Street.
1.03 A hearing notice on said petition was published in the City of Maplewood’s official
newspaper and written notice was mailed to the property owners within the
Gladstone, Ramsey County Plat.
1.02 On September 28, 2020, the City Council held a hearing on such petition, at which
time all persons for and against the granting of said petition were heard.
Section 2. Standards
2.01 Minnesota state statute requires that no vacation shall be made unless it appears in
the interest of the public to do so.
Section 3. Findings.
3.01 The Maplewood City Council makes the following findings:
1. There is no anticipated public need for the described Curve Street right-of-way.
2. The vacation is not counter to the public interest.
4.01 Therefore, the city council is in favor of the vacation of the above-described Curve
Street right-of-way.
____________ by the City Council of the City of Maplewood, Minnesota, on September 28, 2020.
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F1, Attachment 2
Curve Street Vacation
August 21, 2020
City of Maplewood
Legend
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I
0240
Feet
Source: City of Maplewood, Ramsey County
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F1, Attachment 3
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F1, Attachment 4
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F1, Attachment 5
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F1, Attachment 6
Engineering Plan Review
PROJECT: Curve Street Right-Of-Way Vacation
PROJECT NO: 20-27
COMMENTS BY: Steve Love – City Engineer / Director of Public Works
Jon Jarosch– Assistant City Engineer
DATE: 9-9-2020
The Applicant is requesting the vacation of a street right-of-way that is no longer used by the
public and provides direct access to the building that houses the Maplewood Bakery.
This review covers the proposed right-of-way vacation only and does not cover any future
improvements to the right-of-way should it be vacated.
This section of the Curve Street right-of-way does not include any City owned Public
infrastructure. It does not appear that any private utilities lie within this section of right-of-way as
well. As such, Maplewood Public Works finds the vacation of this section of right-of-way
acceptable.
It appears to Staff that the right-of-way would combine with the property to the south once
vacated. However, this decision would ultimately be made by Ramsey County at the time of
recording.
- END COMMENTS -
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