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HomeMy WebLinkAbout2024 09-17 PC MinutesSeptember 17, 2024 Planning Commission Meeting Minutes 1 MINUTES MAPLEWOOD PLANNING COMMISSION 7:00 P.M. Tuesday, September 17, 2024 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 Chairperson Desai B. ROLL CALL Tushar Desai, Chairperson Present Lue Yang, Vice Chairperson Present Paul Arbuckle, Commissioner Absent John Eads, Commissioner Present Allan Ige, Commissioner Present Tom Oszman, Commissioner Present Staff Present: Michael Martin, AICP, Assistant Community Development Director C. APPROVAL OF AGENDA Chairperson Desai moved to approve the agenda as presented. Seconded by Commissioner Eads Ayes – All The motion passed. D. APPROVAL OF MINUTES 1. July 16, 2024 Planning Commission Meeting Minutes Commissioner Ige moved to approve the July 16, 2024 Planning Commission Meeting Minutes as submitted. Seconded by Commissioner Oszman Ayes – Vice Chairperson Yang Commissioner Eads Commissioner Ige Commissioner Oszman Abstain – Chairperson Desai The motion passed. E. PUBLIC HEARING 1. Conditional Use Permit Resolution, Harriet Tubman Center East, 2675 Larpenteur Avenue East Michael Martin, AICP, Assistant Community Development Director, gave the presentation. Chairperson Desai opened the public hearing. The following individuals addressed the commission regarding the project: September 17, 2024 Planning Commission Meeting Minutes 2 Jennifer Polzin, Tubman Chairperson Desai closed the public hearing. Commissioner Oszman moved to approve a resolution for a conditional use permit for Harriet Tubman Center East to allow an exterior dog run and expanded use of its commercial kitchen located at 2675 Larpenteur Avenue East. CONDITIONAL USE PERMIT RESOLUTION BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: Section 1. Background. 1.01 Harriet Tubman Center East has requested a conditional use permit to allow an exterior dog run and expanded use of its commercial kitchen. 1.02 The property is located at 2675 Larpenteur Avenue East and is legally described as: Century Trails Common Lot 2 Block 1 The PID for the property is 13-29-22-44-0004. Section 2. Standards. 2.01 City Ordinance Section 44-1092(3) requires a Conditional Use Permit for an institution of any educational, philanthropic or charitable nature. 2.02 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. 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. September 17, 2024 Planning Commission Meeting Minutes 3 9. The use would cause minimal adverse environmental effects. Section 3. Findings. 3.01 The proposal meets the specific conditional use permit standards. Section 4. City Review Process 4.01 The City conducted the following review when considering this conditional use permit request. 1. On September 17, 2024, 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 September 23, 2024, 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: 1. All construction shall follow the site plan approved by the city. Staff may approve minor changes. 2. The proposed use must be substantially started within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year. 3. The City Council shall review this permit in one year. 4. This permit allows the Tubman Center East to continue its previously approved use of shelter housing. It also permits the applicant’s support activities such as a legal center, offices, counseling services group rooms, child care, playground, classrooms, community gathering spaces, space for collaborative community partnerships, community gardens, and bus shelters. 5. This permit approves the expanded use of the site’s commercial kitchen. The kitchen owner and any operators using the facility shall acquire all necessary approvals and licenses from the state of Minnesota and the City of Maplewood to operate the kitchen facility. 6. Trucks making deliveries for the kitchen facility shall be limited to 7 a.m. and 7 p.m. 7. This permit approves the exterior dog run, which shall be maintained and operated in a manner that does not create nuisances for nearby properties. 8. All construction—interior and exterior—related to the dog run and commercial kitchen on the subject property requires a building permit to be submitted for review and approval by the Building Official. 9. No supplies or materials are permitted to be stored outside. September 17, 2024 Planning Commission Meeting Minutes 4 10. Any trash and recycling receptacles stored outside must be within an enclosure that meets city requirements. Seconded by Commissioner Eads Ayes – All The motion passed. This item will go to the city council on September 23, 2024 2. Sign Variance Denial Resolution, Mister Car Wash, 3050 White Bear Avenue North Michael Martin, AICP, Assistant Community Development Director, gave the presentation. Chairperson Desai opened the public hearing. The following individuals addressed the commission regarding the project: Gary Potts, Professional Permits Justin Young, Dualite Chairperson Desai closed the public hearing. Commissioner Eads moved to approve the resolution to deny the sign variance request for Mister Car Wash, located at 3050 White Bear Avenue North SIGN VARIANCE DENIAL RESOLUTION BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: Section 1. Background. 1.01 Mister Car Wash has requested a sign variance to allow for signs on the property that exceed the number, size, and height permitted. 1.02 The property is located at 3050 White Bear Avenue North and is legally described as: The South 100.00 feet of the North 1/2 of the Northeast 1/4 of Northwest 1/4, Section 2, Township 29 North, Range 22 West, City of Maplewood, Ramsey County, Minnesota lying Easterly of White Bear Avenue, except the East 360.0 feet thereof, AND The South 1/2 of the Northeast 1/4 of Northwest 1/4, Section 2, Township 29 North, Range 22 West, City of Maplewood, Ramsey County, Minnesota, lying Northerly of Woodlyn Avenue and Easterly of White Bear Avenue, except the East 360.0 feet thereof, AND The West 181.87 feet of the East 360.0 feet of the South 100.0 feet of the North 1/2 of the Northeast Quarter of the Northwest Quarter of Section 2, Township 29 North, Range 22 West, Ramsey County, Minnesota. AND The West 181.87 feet of the East 360.0 feet of the South 1 /2 of the Northeast Quarter of the Northwest Quarter, Ramsey County, Minnesota lying Northerly of Woodlynn Avenue. Tax Parcel Identification: 022922210025 September 17, 2024 Planning Commission Meeting Minutes 5 Section 2. Standards. 2.01 Variance Standard. City Ordinance Section 44-13 refers to a state statute that 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; (3) the variance if granted, will not alter the essential character of the locality. Section 3. Findings. 3.01 The setback variance request does not meet the required standards for a variance. 1. That 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; 2. That the proposed use is reasonable; and 3. That the variance will not alter the essential character of the locality; and 4. That the need for a variance is in harmony with the general purposes and intent of this ordinance; and 5. That the variance is consistent with the comprehensive plan. Section 4. City Review Process 4.01 The City conducted the following review when considering the variance requests. 1. On September 17, 2024, 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 September 23, 2024, 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. Denial of the application is based on the findings outlined in section 3 of this resolution. Seconded by Commissioner Ige Ayes – All The motion passed. This item will go to the city council on September 23, 2024 3. Setback Variance Resolution, Larkin Dance Studio, 1400 Highway 36 East Michael Martin, AICP, Assistant Community Development Director, gave the presentation and answered questions from the commission. September 17, 2024 Planning Commission Meeting Minutes 6 Chairperson Desai opened the public hearing. The following individuals addressed the commission regarding the project: Lance Elliot, Elliot Design Build, Inc Molly Larkin, Larkin Dance Studio Michelle Larkin, Larkin Dance Studio Rita Kruchowski, 1410 Cope Avenue Chairperson Desai closed the public hearing. Commissioner Oszman moved to approve a resolution for a setback variance for Larkin Dance Studio’s expanded parking lot at 1400 Highway 36 East, adding conditions 4, 5, and 6 to section 5.01 of the resolution. SETBACK VARIANCE RESOLUTION BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: Section 1. Background. 1.01 Larkin Dance Studio has requested a 15-foot setback variance to allow for five parking stalls within the required 15-foot parking setback. 1.02 The property is located at 1400 Highway 36 and is legally described as: PARCEL 1: That part of the North Half of the Southwest Quarter (N1/2 of SW1/4) of Section 10, Township 29 North, Range 22 West, Ramsey County, Minnesota, described as follows: Commencing at the center of said Section 10, thence Southerly along the East line of the SW1/4 a distance of 848.3 feet to the intersection of the Southerly right-of-way line of Trunk Highway No. 36; thence Westerly along the said Southerly right-of-way line a distance of 1,196.20 feet, thence deflecting to the left 90 degrees and along said right-of- way line a distance of 25 feet, thence deflecting to the right 90 degrees and along said right-of-way line a distance of 93.46 feet to an iron, said point being the intersection of West line of the East 39 acres and the said Trunk Highway No. 36 Southerly right-of-way line and the point of beginning; thence Westerly along said right-of-way line a distance of 233.30 feet, thence Southerly and parallel with the West line of the East 39 acres a distance of 250.00 feet, thence Easterly and parallel with the Southerly right-of-way line a distance of 233.30 feet to a point on the West line of the East 39 acres, thence Northerly along said West line a distance of 250 feet to the point of beginning. PARCEL 2: That part of the North Half of the Southwest Quarter (N1/2 of SW1/4) of Section 10, Township 29 North, Range 22 West, Ramsey County, Minnesota, described as follows: Commencing at the center of said Section 10, thence Southerly along the East line of the SW1/4 a distance of 848.3 feet to the intersection of the Southerly right-of-way line of Trunk Highway No. 36, thence Westerly along the said Southerly right-of-way line a distance of 1,196.20 feet, thence deflecting to the left 90 degrees and along the said right- of-way line a distance of 25 feet, thence deflecting to the right 90 degrees and along said right-of-way line a distance of 93.46 feet, to an iron, said point being the intersection of September 17, 2024 Planning Commission Meeting Minutes 7 West line of the East 39 acres and the said Trunk Highway No. 36 Southerly right-of-way line, thence Westerly along said right-of-way line a distance of 233.30 feet, thence Southerly and parallel with the West line of the East 39 acres a distance of 250.00 feet to the point of beginning, thence continuing along the same line a distance of 189.15 feet to a point on the South line of said N1/2 of SW1/4 of Section 10, thence Easterly along the said South line a distance of 233.30 feet to a point on the West line of the said East 39 acres, thence Northerly along said West line a distance of 188.86 feet, thence Westerly parallel with the said Southerly right-of-way a distance of 233.30 feet to the point of beginning. Tax Parcel Identification: 10-29-22-32-0027 Section 2. Standards. 2.01 Variance Standard. City Ordinance Section 44-13 refers to a state statute that 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; (3) the variance if granted, will not alter the essential character of the locality. Section 3. Findings. 3.01 The setback variance request does meet the required standards for a variance. 1. That 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; 2. That the proposed use is reasonable; and 3. That the variance will not alter the essential character of the locality; and 4. That the need for a variance is in harmony with the general purposes and intent of this ordinance; and 5. That the variance is consistent with the comprehensive plan. Section 4. City Review Process 4.01 The City conducted the following review when considering the variance requests. 1. On September 17, 2024, 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 October 14, 2024, the city council discussed this resolution. They considered reports and recommendations from the planning commission and city staff. Section 5. City Council September 17, 2024 Planning Commission Meeting Minutes 8 5.01 The city council hereby _______ the resolution. Approval of the application is based on the findings outlined in section 3 of this resolution. Approval is subject to the following conditions: 1. All construction shall follow the approved site plan. The Director of Community Development may approve minor changes. 2. The approval permits a 15-foot variance to construct the parking lot up to the property line. The applicant cannot encroach into the right-of-way with the parking lot. 3. The city engineer and environmental staff shall review and approve the final landscape plan before issuing a grading permit. 4. Require that all building lights on the main and accessory buildings that aim south towards Cope Avenue shall either be removed or replaced with downcast lights. 5. Require that all parking lot lights be downcast. 6. Submit a photometric plan that meets ordinance requirements. Seconded by Commissioner Ige Ayes – All The motion passed. This item will go to the city council on October 14, 2024 F. NEW BUSINESS None G. UNFINISHED BUSINESS None H. COMMISSION PRESENTATIONS None I. STAFF PRESENTATIONS None J. VISITOR PRESENTATIONS None K. ADJOURNMENT Chairperson Desai moved to adjourn the meeting at 8:20 p.m. Seconded by Commissioner Ige Ayes – All The motion passed.