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Home My WebLink About07-30-07 Item 4B, Planning Case 07-006 Conditional Use permit for 3631 N Pasacal Ave ~ ~HILLS Request for Council Action Prepared By: James Lehnhoff Dept.: :_ _~~_~.~,.~_!:!!~_~.~y..""_ _---!!I.~_~t" Council Mtg. Date: 7-30- 7 Final Action Needed By: --7"::J"i:or---=_._ Agenda Item: 4.8 _...n. ... - - ----- B"lJdgete(rA'mcjunT--~. ...." "_ __ __ .............""" _____~_-_._--_......."."~----. Actual Amount: Funding Source: ~~guIt~lij~~Eiliji1es~61illfSlx#W~.,_.__._~___._._.,..,._._______._._........._______..................._____...._.......u_________._..,..,._._.________._.__.,.._._.,_~_____.,.._,.._..,_________.......m..__________................._______.......,..__.______.,.,.................______. !Motion to Approve Planning Case 07-006 for a Conditional Use Permit at 3631 North Pascal Avenue Based on the Findings of Fact and thei ISubmitted Plans as Amended by the Nine Conditions in the July 30, 2007, Planning Case Report. ' [~~~!Eglrqg_lDmgiL'91~l~~~lt~~~1!...._..._.__________...........__"________m........._._.__________............__________m......_._._._________.......__._________............_....___"___n__.............._._________.._..........._.__._______._............_________..............._"_"____.........".....__"__________........_. iRecommend Approval of Planning Case 07-006 for a Conditional Use Permit at 3631 North Pascal Avenue Based on the Findings of Fact and! !the Submitted Plans as Amended by the Nine Conditions in the July 30, 2007, Planning Case Report. . 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" !l Iii ~~ 0 I 8~~ g.E!<E 8-1J~ ""OtS8 -E,]N. o"~ "ll"" !:!,aB ~""~ <;j .tS. ~ ~$6 " 0 " ""C <u.c;<u -=.- g .~ ~ ~ .~ 0 ~ g.'~o-l ~.E~ :.a "'0 ~ ~~8 ~]~ <in~ 8 3~~ ~ :;; 5 = ~ ~~ . !l o U " ~ " Ui '" u !3 o ~ ~ /]'\~ HILLS MEMORANDUM DATE: July 30, 2007 CC Agenda Item 4.B TO: Mayor & City Council FROM: James Lehnhoff, City Plaunel SUBJECT: Planning Case #: 07-006 Conditional Use Permit - Continued David & Karin Hagen 3631 North Pascal Avenue ReQuest Motion to Approve Planning Case 07-006 for a Conditional Use Permit at 3631 North Pascal Avenue Based on the Findings of Fact and the Submitted Plans as Amended by the Nine Conditions in the July 30,2007, Planning Case Report. Backl!:round Update On April 4, 2007, the Planning Commission reviewed a Conditional Use Permit (CUP) application from David & Karin Hagen of 3631 North Pascal Avenue to store a recreational vehicle (RV) outside of a structure in the rear oftheir property. The following length limitations apply to exterior R V storage: . RV s less than 28 feet in length can be parked without any permits; . R V s between 28 and 34 feet in length require a CUP prior to storing; and, . RVs longer than 34 feet are not permitted. At that April meeting, the Planning Commission reviewed the requirements in the Zoning Code and made an interpretation that RV length should be measured from end to end. When measured from end to end, the applicants' RV was 37 feet 11 inches long. Because of the RV's length, the CUP application could not be approved and, subsequently, the Planning Commission unanimously recommended denial of the CUP application to the City Council. The City Council received the Planning Commission's recommendation at their April 30, 2007, meeting. Upon review of the Zoning Code regulations, the City Council unanimously \lMetro-inet.uslardenhillslPlanninglPlanning Cases\2007107-006 Hagen CUP (PC APPROVAL)1073007 - CC Report - Hagen CUP.doc Page 1 0[4 agreed with the Planning Commission's interpretation of the Zoning Code regarding how the length of an R V should be measured. The City Council voted to remand the application back to the Planning Commission because the applicants stated that they would remove the nonconforming RV and obtain a different RV that does not exceed the 34 foot length limit. The Council determined that the application should be reviewed again based on the applicants' revised request. The applicants have removed the nonconforming RV from their property. Overview of Request: While the actual RV will change from the previous version of this CUP application, the request is essentially the same. The application is now for a general request to store an RV that is between 28 feet and 34 feet long. The applicants are waiting to purchase a different R V pending the results ofthe revised conditional use permit application; therefore, a specific RV has not yet been selected. The report to the Planning Commission does include some information on an RV model that may be purchased if this CUP is approved. The applicants have submitted a letter revising their original CUP request (Attaclunent 3B-1 ofthe report to the Planning Commission). The landscaping/screening plan from the original application is still being proposed. RV Storage Regulations Amendments: Over the next few months, Staff will be working with the Planning Commission to review and draft changes to the RV regulations. This planning case has drawn out some concerns and clarifications that need to be made to the RV regulations. Findinl!s of Fact The Planning Commission offers the following nineteen findings of fact for review: General Findings: 1. The applicant is proposing to park an RV that is between 28 and 34 feet long in the northwestern comer ofthe property. 2. Parking a recreational vehicle in a residential district that is between 28 feet and 34 feet in length and/or over seven feet in height is permitted with an approved conditional use permit. 3. The subject property is a conforming .65 acre lot in the R-1 Zone. On the RV Parking Standards 4. The RV will not be enclosed by a structure. 5. The R V will not be attached to the ground in any way that would prevent removal. 6. The applicant has indicated that the RV will not be used for living, sleeping, or housekeeping purposes while parked in the City. \\Metro-inet.uslardenhillslPlanninglPlanning Cases\2007\07-006 Hagen CUP (PC APPROVAL)\073007 - CC Report - Hagen CUP.doc Page 2 of4 7. No other RVs are currently parked on the property. 8. The applicant has proposed to park the RV at least fifteen feet from the property line. 9. The applicant has proposed to plant seven, 12-13 foot Balsam Firs to enhance screening along the northern and western property lines. On the Conditional Use Permit Evaluation Criteria: 14. The RV will not impact traffic or parking conditions. 15. The RV will not produce any noise, glare, odors, vibration, smoke, dust, air pollution, heat, liquid or solid waste, or other nuisance characteristics. 16. The RV will not affect drainage. 17. The RV will not change the population density ofthe property. 18. With proper conditions, screening and maintenance, it is unlikely that the RV will significantly impact the overall character of the neighborhood; be incompatible with adjacent land uses and structures; or will negatively impact adjoining land values. 19. The park dedication fee does not apply. Recommendation The Planning Commission reviewed Planning Case 07-006 and recommends approval (6-0) of the Conditional Use Permit based on the findings of fact and the submitted plans as amended by the following nine conditions: 1. The landscaping shall be fully installed and inspected before the RV is stored on the property. 2. The RV shall not be parked closer than fifteen feet to the rear or side property lines. 3. The applicant shall submit a $500 financial surety to the City which shall be returned to the applicant provided the proposed evergreen trees are alive and in an acceptable condition to the City Forester and City Planner no earlier than one year after the installation of the trees. The landscaping inspection shall only occur during the growing season. The surety shall be submitted prior to issuance of the conditional use permit. 4. The RV shall not be used for living, sleeping, or housekeeping purposes while being stored in the City. 5. The RV shall be property licensed, owned by the property owner, in an operating condition at all times, and movable at all times. 6. The RV shall not be permanently affixed to the ground or in a manner that would prevent removal. 7. While stored, the RV shall be enclosed by a cover that is of a neutral, earth-tone color. 8. The applicant shall demonstrate proof of ownership of the RV upon request from the City. 9. The City Attorney shall draft a conditional use permit that shall be signed by the applicant prior to storing the R V on the property. Options 1. Approve the proposal as submitted. IlMetro-inet.us\ardenhillslP/anninglPlanning Cases\2007\07-006 Hagen CUP (PC APPROVAL)\073007 ~ CC Report - Hagen CUP.doc Page 3 of4 2. Approve the proposal with conditions. 3. Deny the application with reasons for denial. If the City denies the petitioners request, "...it must state in writing the reasons for the denial at the time it denies the request." 4. Table for additional information. The application cannot be tabled without the applicants' consent. Deadline for A!!encv Actions The City of Arden Hills received the completed application for this request on March 22, 2007. Pursuant to Minnesota State Statute, the City must act on this request by May 22, 2007 (60 days), unless the city provides the petitioner with written reasons for and additional 60 day review period. The applicant was notified that the City was extending the review ofthe application to July 22,2007. The City may, with the consent ofthe applicant, extend the review period beyond the initial 120 days. The applicants have provided the City with an extension to July 31,2007, in order to complete the review process with the City Council. The application cannot be tabled further without the applicants' consent. Attachments 4B-l Draft Planning Commission Minutes 4B-2 Public Comments/Letters 4B-3 Conditional Use Permit 4B-4 July 11, 2007, Report to the Planning Commission- http://www.ci.arden-hills.mn.us IlMetro-inet.uslardenhillsIPlanninglP/anning Cases\2007\07-006 Hagen CUP (PCAPPROVAL)\073007 - CC Reporl- Hagen CUP.doc Page 4 of 4 Attachment 4B-l Draft Planning Commission Meeting Minutes From July 11, 2007 July 30,2007, City Council Meeting ARDEN HILLS PLANNING COMMISSION - JULY 11,2007 2 B. PLANNING CASE #07-006 - CONDITIONAL USE PERMIT; DAVID HAGEN. 3631 PASCAL AVENUE N - PUBLIC HEARING Mr. Lehnhoff stated the applicants are requesting a Conditional Use Permit (CUP) to store a recreational vehicle (R V) that is between 28 and 34 feet long in the rear of their property at 3631 North Pascal Avenue. Staff recommended approval of the conditional use permit subject to the following nine conditions: 1. The landscaping shall be fully installed and inspected before the RV is stored on the property. 2. The RV shall not be parked closer than fifteen feet to the rear or side property lines. 3. The applicant shall submit a $500 financial surety to the City which shall be returned to the applicant provided the proposed evergreen trees are alive and in an acceptable condition to the City Forester and City Planner no earlier than one year after the installation of the trees. The landscaping inspection shall only occur during the growing season. The surety shall be submitted prior to issuance of the conditional use permit 4. The RV shall not be used for living, sleeping, or housekeeping purposes while being stored in the City. 5. The RV shall be property licensed, owned by the property owner, in an operating condition at all times, and movable at all times. 6. The RV shall not be permanently affixed to the ground or in a manner that would prevent removal. 7. While stored, the RV shall be enclosed by a cover that is of a neutral, earth-tone color. 8. The applicant shall demonstrate proof of ownership of the RV upon request from the City. 9. The City Attorney shall draft a conditional use permit that shall be signed by the applicant prior to storing the RV on the property. Mr. Lehnhoff indicated he had received two emails. One dated July 11, 2007 from David and Nancy Beamish, 1377 Arden Oaks Drive, stating: "I just wanted to contact you regarding the hearing tonight on PC#07-006 - continued. We think you should keep the regulations the city already has, we do not want 0 see RV's >28' parked in driveways for long periods of time or to be stored outside. We have a 32' motorhome that is stored in a storage lot when not in use. I don't like paying to store it but I really don't think it would be in the best interest for our neighborhood to allow people to have >28' RV's at their residence. " The other email was dated July 9,2007 from Reed Byers, 1416 Arden Oaks Ct., stating: "I had previously mentioned I feel the storing of these units takes away from the appeal of living in our city. I think no RV's should be stored in the yards of our residents. I would like to align myself with the appropriate council member to draft a resolution that would not allow for this practice on or off paved surfaces. This is getting out of hand as I look around other cities as well as our own. If you can afford these gas guzzlers, then you can afford to have them stored out of town. I don't feel this CUP should be granted to the Hagens or anyone else. There is just too much junk in people's yards. Pis relay this message to the July 11 hearing as I will be out of town on business the 10th through ARDEN HILLS PLANNING COMMISSION - JULY 11, 2007 3 the 12th. I would appreciate a call from an interested council member to begin the process of changing the city's position." Chair Sand reopened the public hearing at 6:51 p.m. Chair Sand invited anyone either for or against the Conditional Use Permit to make comment. There were no comments made. Chair Sand closed the public hearing at 6:52 p.m. Commissioner Zimmerman asked if this would be a fifth wheel agam. Mr. Hagen responded it would be a fifth wheel. Commissioner Stodola asked if Mr. Hagen had thought about continuing the privacy fence on his property. Mr. Hagen responded he had spoken with the neighbors and they wanted trees planted instead. Chair Sand asked if any trees would need to be cut down in order to get the RV in the backyard. Mr. Hagen responded no trees of significance would be cut down, only a couple of scrub trees. Chair Sand asked if he had any concerns regarding the nine conditions. Mr. Hagen responded he had no concerns with the conditions. Commissioner Zimmerman moved, seconded by Commissioner Holewa to approve Planning Case No. 07-006, for a Conditional Use Permit at 3641 North Pascal Avenue based on the findings of fact, the submitted plans, and as amended by the nine conditions in the July 11, 2007 Planning Case report. The motion carried unanimously (6-0). Attachment 4B-2 Public Comments/Letters July 30,2007, City Council Meeting Hagen CUP Page 1 of 1 James Lehnhoff From: Byers,Reed G [RGBYERS@travelers.com] Sent: Monday, July 09, 2007 3:36 PM To: James Lehnhoff Cc: susanleach1@comcasl.net; beaverlake6@hotmail.com Subject: Hagen CUP Jim, I have previously mentioned I feel the storing of these units takes away from the appeal of living In our city. I think no RV's should be stored in the yards of our residents. I would like to align myself with the appropriate council member to draft a resolution that would not allow for this practice on or off paved surfaces. This is gelling out of hand as I look around other cities as well as our own. If you can afford these gas guzzlers, then you can afford to have them stored out of town. I don't feel this CUP should be granted to the Hagens or anyone else. There is just too much junk in peoples yards. Pis relay this message to the July 11 hearing as I will be out of town on business the 10th through the 1ih I would appreciate a call from an interested council member to begin the process of changing the city's position. Reed Byers 1416 Arden Oaks Ct Arden Hills, MN 55112 639-1948 ------------------------------------------------------------------------------ ------------------------------------------------------------------------------ This communication, together with any attachments hereto or links contained herein, is for ------------------------------------------------------------------------------ ------------------------------------------------------------------------------ The Travelers e-mail system made this annotation on 07/09/07, 16:35:53. 7/11/2007 James Lehnhoff From: Sent: To: Subject: Nancy Beamish [Nancy.Beamish@childrensmn.org] Wednesday, July 11, 2007 10:19 AM James Lehnhoff Project PC# 07-006 - Continued Hi James, I just wanted to contact you regarding the hearing tonight on PC# 07-006 - continued. We think you should keep the regulations the city already has, we do not want to see RVrs >28' parked in driveways for long periods of time or to be stored outside. We have a 321 motorhome that is stored in a storage lot when not in use. I don't like paying to store it but I really don't think it would be in the best interest for our neighborhood to allow people to have >28' RV's at their residence. Thank you, Dave & Nancy Beamish 1377 Arden Oaks Drive Arden Hills 651-638-9179 Confidentiality Statement: This email/fax, including attachments, may include confidential and/or proprietary information and may be used only by the person or entity to which it is addressed. If the reader of this ernail/fax is not the intended recipient or his or her agent, the reader is hereby notified that any dissemination, distribution or copying of this ernail/fax is prohibited. If you have received this email/fax in error, please notify the sender by replying to this message and deleting this email or destroying this facsimile immediately. 1 July 30,2007, City Council Meeting Attachment 4 B-3 Conditional Use Permit STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF ARDEN HILLS CONDITIONAL USE PERMIT CASE NO. 07-006 1.0 Recitals. A. Davie and Karin Hagen, the property owners of 3631 North Pascal Avenue ("Permittee"), which is located on the following real property in the City of Arden Hills, Ramsey County, Minnesota (the "Arden Hills"): SHADY OAKS ADDITION EX W 100 FT; THE S 35 FT OF LOT 5 & EX S 200 FT; LOTS 3 & LOT 4 BLK 3 (herein the "Subject Property") B. On the 22nd day of March, 2007, Permittee submitted a completed application to Arden Hills requesting that Arden Hills approve a conditional use permit to store a recreational vehicle (RV) that is between 28 feet and 34 feet in length outside in the northwest corner of the property at 3631 North Pascal Avenue. C. On the 6th day of April, 2007, the conditional use permit application for the RV was reviewed at a public hearing by the Arden Hills Planning Commission. The Arden Hills Planning Commission considered the recommendations of the Arden Hills staff, the comments of the public, and recommended denial of the conditional use permit. D. On the 30th day of April, 2007, the conditional use permit application for the RV was reviewed by the City Council. The Arden Hills City Council considered the recommendations of the Arden Hills Planning Commission, the staff, the comments of the public, and remanded the conditional use permit back to the Planning Commission for consideration of a revised request. E. On the 11th day of July, 2007, the revised conditional use permit application for the RV was reviewed at a public hearing by the Arden Hills Planning Commission. The Arden Hills Planning Commission considered the recommendations of the Arden Hills staff, the comments of the public, and recommended approval of the conditional use permit subject to certain conditions. F. On the 21st day of July, 2007, David & Karin Hagen provided written authorization to the City to extend the review period for the conditional use permit request to July 31,2007. 2.0 Approval of Conditional Use Permit. On the 30th day of July, 2007, the Arden Hills City Council considered the conditional use permit application, the recommendations of the Arden Hills Staff and Planning Commission, the effects of the proposed building on the health, safety, convenience and general welfare of the owners and occupants of surrounding land and the community as a whole, and determined that the facts and circumstances of this particular case warranted the granting of the conditional use permit subject to the following conditions: A. The landscaping shall be fully installed and inspected before the RV is stored on the property (Exhibit A). B. The recreational vehicile shall not be parked closer than fifteen feet to the rear or side property lines. C. The applicant shall submit a $500 financial surety to the City which shall be returned to the applicant provided the proposed new evergreen trees in the landscaping plan are alive and in an acceptable condition to the City Forester and City Planner no earlier than one year after the installation of the trees. The landscaping inspection shall only occur during the growing season. The surety shall be submitted prior to issuance of the conditional use permit. D. The RV shall not be used for living, sleeping, or housekeeping purposes while being stored in the City. E. The RV shall be property licensed, owned by the property owner, in an operating condition at all times, and movable at all times. F. The RV shall not be permanently affixed to the ground or in a manner that would prevent removal. G. While stored, the RV shall be enclosed by a cover that is of a neutral, earth-tone color. H. The applicant shall demonstrate proof of ownership of the RV upon request from the City. 3.0 Default. The occurrence of any of the following shall be considered an "event of default" in the terms and conditions contained in this conditional use permit: A. Failure of David & Karin Hagen to comply with any of the terms and conditions contained in this conditional use permit. B. The failure of David & Karin Hagen to comply with any applicable ordinance or statute with respect to storing the recreational vehicle. 2 4.0 Remedies. Upon the occurrence of any event of default, the City, in addition to any other remedy which may be available to it, shall be permitted to do any of the following: A. Revoke the conditional use permit and order the removal of the RV. B. Obtain an Order from a Court of competent jurisdiction requiring David & Karin Hagen to specifically perform its obligations pursuant to the terms and provisions of this Agreement. C. Exercise any other remedies which may be available to it including an action for damages. D. In addition to the remedies set forth herein, upon the occurrence of an event of default, David and Karin Hagen shall pay to the City all fees and expenses, including reasonable attorney and consulting fees, incurred by the City as a result of the event of default, whether or not a lawsuit or other action is formally taken. Dated: _ day of ,2007. CITY OF ARDEN HILLS By: Stanley Harpstead Its: Mayor STATE OF MINNESOTA ) )SS. COUNTY OF RAMSEY ) On this _ day of ,2007, before me, a Notary Public within and for said county, personally appeared Stanley Harpstead to me, known to be the Mayor of the City of Arden Hills, and he executed the foregOing instrument and acknowledged that he executed the same by authority and on behalf of the City of Arden Hills. Notary Public 3 By: David Hagen By: Karin Hagen STATE OF MINNESOTA ) )SS. COUNTY OF RAMSEY ) On this _ day of ,2007, before me, a Notary Public within and for said county, personally appeared David Hagen and Karin Hagen, the property owners of 3631 North Pascal Avenue. Notary Public Drafted by: James Lehnhoff City Planner 1245 West Highway 96 Arden Hills, MN 55112 \\Metro-inet.us\ardenhillslPlanning\Planning Cases\2007\07-006 Hagen CUP (PC APPROVAL)\072307 - Conditional Use Permit.doc 4 Attachment 4B-4 Report to the Planning Commission From July 11, 2007. Available online at: http://www.ci.arden-hills.mn.us July 30,2007, City Council Meeting