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HomeMy WebLinkAbout2023 08-15 PC MinutesAugust 15, 2023 Planning Commission Meeting Minutes 1 MINUTES MAPLEWOOD PLANNING COMMISSION 7:00 P.M. Tuesday, August 15, 2023 City Hall, Council Chambers 1830 County Road B East A. CALL TO ORDER A meeting of the Commission was held and called to order at 7:00 p.m. by Vice Chairperson Desai B. ROLL CALL Paul Arbuckle, Chairperson Present – Arrived at 7:03 p.m. Frederick Dahm, Commissioner Present Tushar Desai, Vice Chairperson Present John Eads, Commissioner Present Allan Ige, Commissioner Present Tom Oszman, Commissioner Present Lue Yang, Commissioner Present Staff Present: Michael Martin, Assistant Community Development Director C. APPROVAL OF AGENDA Commissioner Dahm moved to approve the agenda as presented. Seconded by Commissioner Ige Ayes – All The motion passed. D. APPROVAL OF MINUTES 1. June 20, 2023 Planning Commission Meeting Minutes Commissioner Ige moved to approve the June 20, 2023 Planning Commission Meeting Minutes as submitted. Seconded by Commissioner Yang Ayes – All The motion passed. E. PUBLIC HEARING 1. Conditional Use Permit Amendment and Setback Variance Resolution, Former Venburg Tire Building Addition, 3001 Highway 61 Michael Martin, Assistant Community Development Director, presented the Conditional Use Permit Amendment and Setback Variance Resolution, Former Venburg Tire Building Addition, 3001 Highway 61, and answered questions from the Commission. Steve Boerboon of SMB Construction addressed the commission and answered questions. August 15, 2023 Planning Commission Meeting Minutes 2 Chairperson Arbuckle opened the public hearing. There were no speakers for this item. Chairperson Arbuckle closed the public hearing. Commissioner Yang moved to approve a resolution for a conditional use permit amendment and setback variance approving a building addition at 3001 Highway 61. CONDITIONAL USE PERMIT AMENDMENT AND SETBACK VARIANCE RESOLUTION BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: Section 1. Background. 1.01 Gries Architectural Group, on behalf of Maplewood Toyota, has requested approval of a conditional use permit amendment and a setback variance to construct a building addition. 1.02 The applicant has also requested approval of a setback variance of 196 feet. 1.03 The property is located at 3001 Highway 61 and is legally described as: PIN: 04-29-22-14-0113 – That part of the north 409.50 feet of the east 500.00 feet of the South· Half of the Northeast Quarter of Section 4, Township 29, Range 22, Ramsey County, Minnesota, lying northerly of a line drawn from a point on the east line of said Northeast Quarter of Section 4 distant 235.77 feet south of the northeast corner of said South Half of the Northeast Quarter of Section 4 to a point on the west line of said east 500.00 feet of the South Half of the Northeast Quarter of Section 4 distant 115 .53 feet south of the northwest corner of said east 500.00 feet of the South Half of the Northeast Quarter of Section 4. Section 2. Standards. 2.01 City Ordinance Section 44-637 requires a Conditional Use Permit for motor vehicle maintenance garages and buildings closer than 350 feet to an adjacent residential district. 2.02 City Ordinance Section 44-512(8) requires auto maintenance garages have a 350-foot setback from any property the city is planning for residential use. 2.03 General Conditional Use Permit Standards. City Ordinance Section 44-1097(a) states that the City Council must base approval of a Conditional Use Permit on the following nine standards for approval. 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. August 15, 2023 Planning Commission Meeting Minutes 3 5. The use would not exceed the design standards of any affected street. 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. 2.04 Variance Standard. City Ordinance Section 44-13 refers to state statute which states a variance may be granted from the requirements of the zoning ordinance when: (1) the variance is in harmony with the general purposes and intent of this ordinance; (2) when the variance is consistent with the comprehensive plan; and (3) when the applicant establishes that there are practical difficulties in complying with the ordinance. Practical difficulties mean: (1) The proposed use is reasonable; (2) the need for a variance is caused by circumstances unique to the property, not created by the property owner, and not solely based on economic conditions. Section 3. Findings. 3.01 The proposal meets the specific conditional use permit standards. 3.02 The proposal meets the specific variance standards. Section 4. City Review Process 4.01 The City conducted the following review when considering these conditional use permit amendment and setback variance requests. 1. On August 15, 2023, the planning commission held a public hearing. The 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 approve this resolution. 2. On August 28, 2023, 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 3 of this resolution. Approval is subject to the following conditions: (additions are underlined and deletions are crossed out): 1. All construction shall follow the site plan that the city stamped February 3, 2004 August 1, 2023. The Director of Community Development may approve minor changes. 2. The proposed construction must be substantially started, or the proposed use utilized within one year of council approval, or the permit shall become null and void. The council may extend this deadline for one year. August 15, 2023 Planning Commission Meeting Minutes 4 3. The city council shall review this permit in one year. 4. The applicants shall submit a revised landscape plan, prior to the issuance of a building permit, providing four additional a six foot tall and 80 percent opaque landscaped coniferous trees as screening for the abutting property to the west as required by the code. 5. The applicants shall sign a maintenance agreement with the owners of Gulden's and the city for the upkeep of the private roadway. A copy of any executed amendments to the maintenance agreement between the 2999 and 3001 Highway 61 properties shall be submitted to the city. 6. Outdoor tire storage is not allowed by this permit. All tires auto parts and non-operable vehicles shall be kept inside the building or within a screening enclosure. Operable vehicles are permitted to be kept in the parking lot within marked parking spaces. 7. The potential for excessive noise from this business is a concern of neighbors. The operator shall take care to keep doors closed to prevent nuisance noise from affecting residential neighbors. The city council shall review this during its periodic reviews of this permit. The city shall notify the operator of complaints for corrections should there be noise problems. 8. The property owner shall keep all trash receptacles on site inside the required enclosure. Seconded by Commissioner Oszman Ayes – All The motion passed. This item will go to the city council on August 28, 2023. F. NEW BUSINESS 1. Election of Officers (No Report) Commissioner Dahm moved to elect Tushar Desai as Chairperson of the Planning Commission. Seconded by Commissioner Eads Ayes – Chairperson Arbuckle, Vice Chairperson Desai, Commissioners Ige, Yang Abstain - Oszman The motion passed. Commissioner Dahm moved to elect Lue Yang as Vice Chairperson of the Planning Commission. Seconded by Vice Chairperson Desai Ayes – Chairperson Arbuckle, Commissioners Oszman, Ige, Eads Abstain - Yang The motion passed. G. UNFINISHED BUSINESS None H. COMMISSION PRESENTATIONS None I. STAFF PRESENTATIONS August 15, 2023 Planning Commission Meeting Minutes 5 None J. VISITOR PRESENTATIONS None K. ADJOURNMENT Vice Chairperson Desai moved to adjourn the meeting at 7:23 p.m. Seconded by Commissioner Dahm Ayes – All The motion passed.