2014-05-27 Planning Comm Minutes
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
PLANNING COMMISSON MINUTES
May 27, 2014
The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, May 27,
2014, in the Council Chambers at City Hall, 1101 Victoria Curve at 7:00 P.M.
The following Commissioners were present: Chair Litton Field, Jr., Commissioners Michael
Noonan, Doug Hennes, Robin Hennessy, Mary Magnuson, and Ansis Viksnins. Those absent:
Commissioner Howard Roston. Others present were City Planner Nolan Wall, Public Works
Director/City Engineer John Mazzitello, Consultant Planner Phil Carlson, and City Attorney
Andrew Pratt.
Approval of Agenda
The agenda was approved as revised.
Approval of April 22, 2014 Minutes
COMMISSIONER NOONAN MOVED, SECONDED BY COMMISSIONER VIKSNINS, TO
APPROVE THE MINUTES OF APRIL 22, 2014, AS PRESENTED.
AYES: 6
NAYS: 0
ABSENT: 1
Hearings
PLANNING CASE #2014-16
SAC Wireless on behalf of the Ridge South Condominium Association
1860 Eagle Ridge Drive
Conditional Use Permit and Variance for a wireless antenna facility
City Planner Nolan Wall explained that SAC Wireless has applied, on behalf AT&T and the Ridge
South Condominium Association for a Conditional Use Permit (CUP) for a wireless antenna
facility and a variance for an accessory structure.
Planner Wall shared an image of the proposed property and explained that the subject parcel is
approximately 2.7 acres, contains a multi-family dwelling complex, is zoned R-3, and guided for
high density residential use on the comprehensive plan. The applicant is proposing to construct a
wireless antenna facility on the west side of the roof and an accessory structure south of the east
parking lot.
May 27, 2014 Mendota Heights Planning Commission Meeting Page 1
T-Mobile currently maintains an additional wireless antenna facility on the east side of the building
and an accessory structure in a similar location.
The proposed wireless antenna structure would consist of three antennas, six RRH units mounted
on a 10-foot tall tower on top of a four foot, eight inch tall elevator penthouse that is on top of the
existing building. It would also include associated fiber cable trays.
Planner Wall then reviewed the purpose of the City Code pertaining to wireless antennas, towers,
and accessory structures being allowed by a CUP. He also reviewed the criteria that would need
to be met and evaluated for a CUP request for this type of facility; and he explained the need for
and requirements of the variance request for the accessory structure.
Staff recommended approval of this Conditional Use Permit and Variance request.
Commissioners asked questions regarding a possible location or stand-alone tower if this request
were to be denied, how the ‘non-economic consideration’ criteria can be met given that the
condominium association is presumably being compensated, and if a variance had been approved
for the existing accessory structure.
Chair Field asked the applicant to come forward and address some of the questions asked by the
Commissioners and provide additional information, if any.
Chair Field opened the public hearing.
Seeing no one coming forward wishing to speak, Chair Field asked for a motion to close the public
hearing.
COMMISSIONER VIKSNINS MOVED, SECONDED BY COMMISSIONER NOONAN, TO
CLOSE THE PUBLIC HEARING.
AYES: 6
NAYS: 0
ABSENT: 1
COMMISSIONER VIKSNINS MOVED, SECONDED BY COMMISSIONER HENNES TO
RECOMMEND APPROVAL OF CONDITIONAL USE PERMIT REQUEST FOR BUILDING-
MOUNTED WIRELESS ANTENNA FACILITY AND VARIANCE REQUEST FOR
ACCESSORY STRUCTURE BASED ON THE FOLLOWING FINDINGS OF FACT
1.The proposed project is consistent with the conditional use permit requirements allowing
such facilities.
2.The proposed project will not negatively affect the public health, safety and general welfare
of the community.
3.Installing a new wireless antenna facility on an existing structure is a preferred means of
co-location.
4.The proposed accessory structure is necessary to securely contain the wireless antenna
facility's equipment.
May 27, 2014 Mendota Heights Planning Commission Meeting Page 2
5.The proposed accessory structure meets the applicable setback and height requirements,
will be screened from the parking lot, ground -floor units, and surrounding properties and
be constructed to match the condominium building.
AND WITH THE FOLLOWING CONDITIONS:
1.A building permit must be obtained prior to construction and installation of the wireless
antenna facility.
2.The applicant shall abide by all regulations in Title 12-1D-14 of the City Code, as outlined
in the Staff report.
3.The applicant shall enter into an agreement with the Ridge South Condominium
Association and provide a copy to the City.
4.The proposed wireless antenna structure is painted to match the existing roof -top structure
and the condominium building's brick exterior.
5.The proposed accessory structure is constructed with a brick exterior that matches the
condominium building.
AYES: 6
NAYS: 0
ABSENT: 1
Chair Field advised the City Council would consider this application at its June 3, 2014 meeting.
PLANNING CASE #2014-13
Ken and Mary Kay Noack
th
677 – 4 Avenue
Lot Split, Variance and Wetlands Permit
City Planner Nolan Wall stated that the applicant requested a lot split, a variance, and a wetlands
permit. The subject parcel is 1.19 acres and contains a single family dwelling with an attached
garage and a 1,064 square foot detached garage. In addition, there is an accessory structure that is
currently being used as a shed, which would be demolished in the future if any subdivision requests
were approved. The property is zoned R-1 and guided for low density residential use in the
comprehensive plan. If approved, the applicant intends to construct a new single family home on
the newly created parcel.
Planner Wall provided background by explaining that the subject parcel was formerly two parcels
consisting of two single family dwellings. The lots were combined to facilitate demolition of that
home on the original easterly lot in 2010. That was done so as to not create nonconformity with an
accessory structure present on a parcel without a principal building. It is the applicant’s desire to
maintain the existing detached garage on the subject parcel, which exceeds the newly adopted
allowable square footage based on the lot size requirements. Therefore a variance to remain on the
subject parcel is required if a subdivision were to be approved in the future.
In addition, the subject parcel is within 100 feet of a wetland or water resourced related area. If
approval for a subdivision and variance request is granted, a wetlands permit would be required
for construction of a new dwelling on the parcel. Therefore, the applicant was encouraged to
submit the request as part of the application submittal for consideration.
May 27, 2014 Mendota Heights Planning Commission Meeting Page 3
Lot Split Request
Planner Wall shared an image of the parcel survey included in the application. The subdivision
would create two lots; the subject parcel would be reduced from 1.19 acres to 36,766 square feet.
The newly created parcel would be approximately 15,055 square feet. Both parcels would meet
the R-1 lot size and setback standards.
Planner Wall then shared the subdivision ordinance requirements. He also explained that, based
on the proposed subdivision application, it is staff’s interpretation that the proposed shared lot line
is noncompliant with the code requirements. The applicant can seek input from the Planning
Commission on alternative lot configurations that would not create noncompliant side lot lines.
Staff included three applications for consideration and discussion with the applicant.
Planner Wall reviewed the details of the three alternative applications. He noted that although not
included as an option in the staff report, demolition of the existing detached garage is an option
that the applicant will not consider.
Staff recommended denial of the proposed subdivision and encouraged the applicant to pursue
other alternatives as outlined in the report or suggested by the Planning Commission.
Variance Request
Ordinance 454 was passed in January 2014 and that amended the code to allow detached and
attached private garages for residential properties in compliance with various size requirements.
The existing dwelling on the 1.19 acre parcel does contain a 1,064 square foot detached garage,
which is a legal nonconforming structure due to the subject parcel not exceeding 1.5 acres. The
code does allow for normal maintenance of a nonconforming structure without increasing the
nonconformity; however, as a result of this subdivision request the number and size of accessory
structures must conform to the corresponding zoning standards. Therefore, any subdivision of the
subject parcel pursued by the applicant would require a variance for the existing detached garage
to be located on either parcel.
Planner Wall reviewed the standards to be met for a variance request.
Based on the recommendation regarding the proposed subdivision, staff recommended that the
variance request be withdrawn and included as part of a future subdivision request.
Wetlands Permit
Planner Wall explained that if the proposed request or subsequent requests are permitted, a
wetlands permit would be required prior to construction of a new dwelling. Staff recommended
that the applicant package the application requests in order to avoid future planning approvals that
would be necessary.
The parcel is located approximately 60 feet from the wetland area and is also separated by Fourth
Avenue. Staff supports the wetlands permit request as included and in future applications
pertaining to a subdivision request. However, based on the staff recommendations regarding the
proposed subdivision, staff recommended that this wetlands permit be withdrawn and included as
part of future subdivision request.
May 27, 2014 Mendota Heights Planning Commission Meeting Page 4
Mr. Ken Noack came forward to address the Commission and explained the purpose for his request
as being twofold:
1.To preserve some family history as his son and grandson would be the owners of the newly
created lot
2.To create another taxable property for Mendota Heights
Commissioners asked questions regarding the applicants’ willingness to revise the lot lines and
therefore, have a narrower lot. Based on the applicants’ confirmation the Commission then had a
discussion with staff on how to proceed.
Based on discussion and suggestions, the applicant requested this application be laid over to the
next Planning Commission meeting to allow him to work with staff to modify the request.
Chair Field opened the public hearing.
Ms. Elisha Lopez, 1505 Somerset Court, expressed her concern that the proposed new lot has been
vacant and it has a wonderful green space and appeal in the neighborhood. It sits in the middle of
the block and to put a house there would be awkward looking. She also expressed her concern that,
depending on where the new home would be located, it could be practically in her backyard and
would not align with the rest of the neighborhood on Fourth Avenue.
COMMISSIONER NOONAN MOVED, SECONDED BY COMMISSIONER MAGNUSON TO
KEEP THE PUBLIC HEARING OPEN AND THAT THE APPLICATION BE LAID OVER TO
THE JUNE 24, 2014 PLANNING COMMISSION MEETING.
AYES: 6
NAYS: 0
ABSENT: 1
PLANNING CASE #2014-14
Michael and Michelle Bader
1673 Delaware Avenue and Lot 3 of the Foxwood Plat
Concept Planned Unit Development Plan
Consultant Planner Phil Carlson of Stantec explained that this application is for a concept planned
unit development (PUD) review for the property at 1673 Delaware Avenue, a 10-acre parcel with
an existing home; and Lot 3, a 2.5-acre parcel located to the north.
Mr. Carlson continued by stating that the original application was for a PUD; however, City Code
appears to not consider this kind of case for a PUD. He then described the reasons for that by
giving the criteria for a PUD, of which this request does not meet. Discussion was had with the
City Attorney who agreed that this application would not fit the City’s code as the code, when
developed, did not envision standard single family lots as a PUD. However, Stantec believes there
are design issues or perhaps other issues that are pertinent and the applicant, Mr. Bader has applied
in good faith for the Concept Review.
May 27, 2014 Mendota Heights Planning Commission Meeting Page 5
Mr. Carlson asked that the Commission focus on the issues of how one would subdivide this land
in some reasonable way and what would be the design principles that may come to bear.
Mr. Carlson then shared images of the subject parcel in its existing condition and the two options
the applicants are proposing.
Commissioners asked questions regarding the options as presented, the limit to the length of a cul-
de-sac and when that was adopted, the right-of-way of Foxwood being 50 feet rather than the
standard 60 feet, and exactly what the Commission is being asked to do.
City Attorney Andrew Pratt described the role of the Planning Commission in this matter. He
explained that there is a helpful section in City Code that deals with Concept Reviews of PUD
\[Section 12-1K-6C\] which describes this as a preliminary, non-binding action that would result in
discussion, potential recommendation to the City Council but not a requirement, or propose ways
to move forward to the applicant as this was a good-faith proposal.
Additional discussions and questions were had by the Commissioners.
Mr. Michael Bader came forward to address the Commission and to answer questions. He stated
his intention in purchasing the Foxwood lot was to extend the cul-de-sac to access his property
and summarized his previous requests, including why he applied for a Concept PUD Plan. He
further stated his intentions to discuss development options with surrounding property owners and
his preference to extend the cul-de-sac from Wentworth Avenue and build on the Foxwood lot in
the future.
Chair Field opened the public hearing.
Ms. Lisa Gray, 540 Wentworth sent a representative as she was unable to attend. Her representative
read a brief statement referencing her past expressed concerns and noted that the current proposals
presented do not address her concerns or the concerns of other residents in the area.
Mr. Tim Aune, 554 Foxwood Lane, referenced a letter he sent to the Commission previously and
made himself available to answer any questions regarding his objections.
Mr. Jim Kolar, 1695 Delaware Avenue, voiced his concerns and objections to the proposed plans.
He further recommended the City consider developing a master plan for development of the
remaining large-acre lots in the area in question. He also requested the City consider preserving
access to his property in any future subdivision surrounding his property.
City Attorney Andrew Pratt reiterated for the record that the intent this evening was to gather data
and to have discussions regarding the various options and plans for the property; this was a fact
gathering situation and some of the facts need to be verified, proposals would need to come to
staff, there is nothing that the Commission is being held to, and no recommendations to be passed
on to City Council.
May 27, 2014 Mendota Heights Planning Commission Meeting Page 6
COMMISSIONER VIKSNINS MOVED, SECONDED BY COMMISSIONER MAGNUSON,
TO CLOSE THE PUBLIC HEARING.
AYES: 6
NAYS: 0
ABSENT: 1
Chair Field expressed his desire that the Commission consider forwarding the summary of this
hearing to the City Council for their consideration in a similar manner as to the discussions this
evening.
Discussion of Public Hearing Guidelines
Planner Wall presented the background and referenced previous discussions on this topic. Based
on those discussions at previous Commission meetings, the following public hearing guidelines
are proposed:
1.Comments shall be limited to the proposed plan or amendment
2.A reasonable attempt shall be made to limit comments to no longer than 3 minutes
3.Comments shall not be repetitious until everyone else wishing to provide comments has
testified
4.The applicant shall be allowed to speak last to address any comments
5.The Chair can amend the procedures if necessary
If the guidelines are approved by the Commission, Staff would recommend the attached statement
be read by the Chair prior to opening the first public hearing of the evening and would apply to all
of the public hearings of the evening, if any.
Commissioner Noonan suggested that item one be changed to read “Comments shall be limited to
the application at hand” or “. . . matter before the Commission” so as to not limit it to a plan or
amendment.
He also noted that 3 minutes may not be long enough for a resident to give proper consideration
to a complicated matter or application with a great deal of complexity. The response was that ‘a
reasonable attempt’ allows for some flexibility.
Commissioner Hennessy suggested that Item 5 be changed to read “The Chair can amend the
guidelines if necessary.” Chair Field agreed to this suggestion.
COMMISSIONER HENNESSY MOVED, SECONDED BY COMMISSIONER HENNES, TO
ADOPT THE PUBLIC HEARING GUIDELINES WITH NUMBER FIVE AMENDED TO SAY
“THE CHAIR CAN AMEND THE GUIDELINES IF NECESSARY” RATHER THAN
“PROCEDURES”
AYES: 5
NAYS: 1 (NOONAN)
ABSENT: 1
May 27, 2014 Mendota Heights Planning Commission Meeting Page 7
Verbal Review
Planner Wall gave the following verbal review:
PLANNING CASE #2014-09
Southview Design Inc. Conditional Use Permit for Outdoor Storage & Display
Accessory Structure and Fence
•Approved by the City Council as recommended by the Planning Commission.
PLANNING CASE #2014-10
Michael Sullivan and Deborah Cuneo Rear Yard Variance Request for Detached Garage
•Approved by the City Council as recommended by the Planning Commission.
PLANNING CASE #2014-11
Steven Olson Wetlands Permit to Construct an Accessory Structure
•Approved by the City Council as recommended by the Planning Commission.
PLANNING CASE #2014-12
Somerset Country Club Accessory Structure Variance Request
•Approved by the City Council as recommended by the Planning Commission.
Staff Announcements
Planner Wall stated that, based on the Planning Commission’s recommendation last month, the
City Council will be discussing the Institutional Use Zoning at this week’s Council Workshop
Meeting.
The next Planning Commission meeting is scheduled for June 24 at 7:00 p.m.
Adjourn
COMMISSIONER MAGNUSON MOVED, SECONDED BY COMMISSIONER NOONAN, TO
ADJOURN THE MEETING AT 8:57 P.M.
AYES: 6
NAYS: 0
ABSENT: 1
May 27, 2014 Mendota Heights Planning Commission Meeting Page 8