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1996-08-27 Planning Comm MinutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PLANNING COMMISSION MINUTES AUGUST 27, 1996 The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, August 27, 1996, in the City Hall Council Chambers, 1101 Victoria Curve. The meeting was called to order at 7:35 o'clock p.m. The following members were present: Chair Dwyer, Commissioners Betlej, Duggan, Friel, Koll, and Lorberbaum. The following member was excused: Commissioner Tilsen. Also present were Public Works Director Jim Danielson, Planning Consultant Meg McMonigal, Administrative Intern Patrick Hollister, and Recording Secretary Cheryl Wallat. APPROVAL OF MINUTES Commissioner Duggan moved approval of the July 23, 1996 minutes with corrections. Commissioner Betlej seconded the motion. AYES: 4 NAYS: 0 ABSTAIN: 2 (Chair Dwyer and Commissioner Lorberbaum) CASE NO. 96-25: EVANS - DRIVEWAY SETBACK VARIANCE Chair Dwyer announced the case and reviewed the request of the applicants, Robley and Joan Evans, who appeared and addressed the Commission requesting a three foot variance to the side yard requirements for a driveway to park their camper within two feet of the east property line. The Evans stated they would be also willing to install a fence. They further noted they had obtained signatures from each of the affected neighbors. Mrs. Evans added that upon a suggestion from Commissioner Duggan, she had approached Mr. Gryc, their neighbor, and inquired if he would be willing to sell them two feet of space, however, Mr. Gryc was not interested in this. Commissioner Duggan noted the camper could be stored in the existing three stall garage, however, suggested another alternative would be to remove part of the current fence which would allow the camper to be stored in the rear yard. In addition, this would not require a variance. Chair Dwyer also noted the existing garage is a three stall garage and should provide sufficient space for the camper. Commissioner Lorberbaum stated she is sympathetic to the situation of the Evans, however, she did not feel this situation created a sufficient hardship to allow the granting of the variance. She noted off-site storage was another alternative. Mrs. Evans commented off-site storage becomes more of a financial issue. She also commented they would need a variance for the concrete to get around the northeast corner of their garage. Commissioner Duggan suggested the Evans return with a drawing of what they are requesting. Commissioner Betlej was concerned with granting a variance. Commissioner Friel commented with respect to the hardship requirement and the issue the.Planning Commissioner has placed before the City Council with respect to an amendment to the ordinance which would permit the Planning Commission to grant a variance under the circumstances where a hardship does not exist within the meaning Of the ordinance. To date, the City Council has not amended the ordinance and, therefore, the Planning Commission is constrained to comply with it. Commissioner Koll expressed concern regarding the undeveloped lot and the impact this would have on a future owner. Commissioner Koll moved to recommend the City Council deny the request for a driveway setback variance. Commissioner Lorberbaum seconded the motion. AYES: 6 NAYS: 0 PIRKL - LOT DIVISION Chair Dwyer announced the case and reviewed the request of the applicant, James Pirki. Mr. Pirkl appeared and addressed the Commission requesting Pq approval to divide his existing lot located at 610 Callahan Place into two lots. Mr. Pirkl's existing lot is approximately one acre in size. He proposes dividing the lot into two parcels, one being 23,235.9 square feet and another being 30,052.5 square feet in an "L" configuration. The new lot would have 104 feet of frontage on Callahan Place, leaving 138 feet of frontage for the existing home. Mr. Pirkl noted he is in agreement with the suggestion of City Staff to remove the driveway to be five feet from the property line. Commissioner Duggan expressed concern regarding a further subdivision of the property. He also noted a stake which was present on the property depicting the new proposed property line. He noted it appeared to be perpendicular to the wall of the home which is not in agreement with the drawing which had been provided. Mr. Pirkl stated his understanding it is not parallel to the house, but rather it is at a slight angle. He further noted the measurements had been establish by City Staff. Commissioner Duggan noted a potential for three homes on the site and he did not feel this would relate well to the homes in the area in relation to size. Commissioner Lorberbaum noted the same concerns and inquired with respect to the placement of the driveway. She further noted plans for the driveway move along to the south. Mr. Pirkl 'confirmed this. Commissioner Lorberbaum questioned where the road access would be. Mr. Pirkl stated the road access would be along to the southeast just off of the cul-de-sac. He noted a plotted road exists at that point. In the alternative, Mr. Pirkl stated he would pave the road at his own expense. Commissioner Betlej would rather see two somewhat rectangular lots as a part of the subdivision due to potential problems with corner maintenance. Chair Dwyer clarified the applicant is proposing to put a house on Parcel B in the southeast corner. Commissioner Friel did not feel at this point in time the Planning Commission has the authority to discuss the shape of the lot or the placement of the home at this time. He noted those issues would arise at the time application is made for a building permit and pointed out this is a lot split rather than a subdivision. Commissioner Koll expressed concern with placement of any dwelling, stating her major concern is with the width of the lot which is less than 100 feet. She informed Mr. Pirkl the Planning Commission would not be in a position to grant any variances. Mr. Pirkl noted that was his understanding. He commented he is planning to build a home which is slightly larger than his present home which is approximately 1,500 square feet. Chair Dwyer 3 noted the Planning Commission is not in a position to consider any potential structure which is proposed for this site at this time. Commissioner Betlej commented on a 10 -foot rear setback which was indicated on the drawing when a 30 -foot setback would be required. Commissioner Lorberbaum asked for a definition of the rear lot line. Public Works Director Danielson clarified the front lot line is the narrowest lot line abutting the street. The rear lot line would then be opposite of the front lot line. Chair Dwyer warned Mr. Pirkl he would proceed at his own risk with respect to the location of a home on Parcel B. Mr. Pirkl stated this was also his understanding. Danielson clarified Mr. Pirkl will be allowed to determine the front lot line and the rear lot line would then be the opposite. Commissioner Friel moved recommending City Council approve the lot division for 610 Callahan Place subject to staff recommendations. Commissioner Duggan seconded the motion. AYES: 5 NAYS: 1 (Commissioner Betlej) Mr. Pirkl asked Commissioner Betlej the nature of his objection. Commissioner Betlej stated his objection is the confusion with respect to the rear setback line and if Mr. Pirkl develops the lot in a fashion consistent with the drawing, he would be able to build within 10 feet of the lot line. CASE NO. 96-26: BECKMANN - HEIGHT VARIANCE FOR RADIO TOWER Chair Dwyer announced the case and reviewed the request of the applicant, Paul Beckmann, who appeared and addressed the Commission requesting a variance to the maximum height requirements in an R-1 zoning district for an amateur radio tower to be located in his rear yard. He requested an eight foot variance to allow the structure to be 33 feet in height, which is slightly higher than his home, in order to provide an unobstructed view of the satellite horizon. Mr. Beckmann stated he has an FCC license for this activity. He further noted he would need 33 feet to clear the roof ridge on his home and gain access to a substantial part of the horizon which would otherwise be blocked. 4 Chair Dwyer asked for an explanation of the hardship and also suggested the applicant utilize the roof to establish an antenna. Mr. Beckmann stated the support structure could be placed at 25 feet, which could be done without a variance, however, the antennas mounted on the support structure would, with a 30 to 40 degree rotation, be looking directly into his home. Mr. Beckmann also stated at 33 or 25 feet, the surrounding homes would create an obstruction which would greatly compromise any communication capabilities. Mr. Beckmann stated the hardship is a technical difficulty. He explained the satellites need the ability to track satellites traveling overhead. Chair Dwyer asked if this operation was part of the applicant's livelihood or if the applicant were a part of any type of defense network. Mr. Beckmann stated neither of these would be applicable. Commissioner Duggan noted two neighbors are not happy with the request. He stated he would be comfortable with the proposal and did not feel it was excessive. He felt it would be unfair to limit someone in pursuit of a hobby. Commissioner Lorberbaum visited the Finn's home and noted the antenna would impact their view. She also inquired when the applicant would be using this equipment. Mr. Beckmann noted it would be utilized primarily during the week during the hours of satellite availability, approximately 6:30 p.m. to 10:00 p.m. Commissioner Lorberbaum asked if it would be feasible for the applicant to use a retractable antenna which would not be visible when the equipment was not in use. Mr. Beckmann noted a retractable antenna would be a possibility. Chair Dwyer inquired with respect to the maximum profile of the antenna mounted on the support structure. Mr. Beckmann noted the maximum elevation would be approximately 42 feet which is 9 feet higher than the support structure. Mr. Beckmann noted the duration of time in which the satellite would be overhead would be very short. Commissioner Betlej noted a variance would need to be granted to the very highest point possible. Commissioner Friel asked how far over the ridge line of the house the antenna would extend at its maximum height. Mr. Beckmann stated it would be nine feet. Commissioner Friel pointed out there are numerous antennas on homes throughout the city which exceed the ridge line of the home for purposes of receiving television signals. If the antenna were affixed to the roof of the house, it wouldn't exceed the height of many television antennas which exist throughout the community. Commissioner Friel noted there would not be a hardship which is necessary for a variance. He further inquired if ham radio operations had interfered with other electrical signals. Mr. Beckmann stated that has happened, although he noted a federal process could be brought to bear upon him, as an amateur radio operator, to rectify any situation which might arise. He stated he would be more than willing to work with his neighbors to resolve any situations which might arise, although problems have not occurred during his years of operation. Commissioner Friel commented the interference would need to be rather significant before the FCC would be inclined to act upon it. Commissioner Koll asked if the cross boom would involve both vertical and horizontal rotation. Mr. Beckmann explained the mechanism would be able to point at any given direction in the sky. He further explained the maximum profile is 9 feet pointing straight up with 11 inches of very thin wires on either side. Commissioner Koll expressed her disagreement with the recommendation of the City Planner as well as concerns with respect to aesthetics. She pointed out some of the newer equipment has filters to prevent electrical interference. Commissioner Koll further stated this is of concern as it cannot be proved or disproved. She noted this is a hobby for Mr. Beckmann, however, it would be a problem with respect to the comfort of other neighbors in the community. Mr. Beckmann stated the Amateur Radio Service has been recognized as a national asset in a number of federal documents. He pointed out it is much more than a hobby, however, he does not feel it is not a frivolous activity of benefit only to himself. Chair Dwyer asked if there would be noise involved with the rotation of the antenna. Mr Beckmann stated there would not be noise produced. In terms of hardship, Mr. Beckmann asked to have Mr. Gary Lysiak, Owl Engineering, Inc., address the Commission. Mr. Lysiak stated Mr. Beckmann's equipment would not cause interference with other electrical items in the neighborhood. He pointed out the satellites are visible for only 10 or 15 minutes. Mr. Lysiak stated the hardship becomes if Mr. Beckmann's antenna is below his roof line, he will lose his connection. He further stated 33 feet would be very poor use of what he is trying to accomplish. Mr. Lysiak also pointed out Mr. Beckmann can use the radio for only a very short period of time. Commissioner Lorberbaum asked if the applicant could use a retractable antenna. Mr. Lysiak stated the cost would increase dramatically in that it 6 would require motors to retract and extend the antenna. He stated the antenna is very small and would be almost unnoticeable. Commissioner Friel commented that hardship, within the meaning of the ordinance, would result in the property owner not being able to put the property to a reasonable use, which is not the case. Mr. Lysiak stated Mr. Beckmann loses the ability to operate his equipment without the variance which is a hardship in that it limits his communication abilities. He felt granting the variance would represent a reasonable accommodation. Chair Dwyer clarified a hardship would be required to meet the requirements of a variance. He noted the Planning Commission would leave it up to the City Council if, in the absence of a hardship, they are inclined to permit the variance. Commissioner Friel pointed out reasonable accommodation would mean to reasonably accommodate a communication system in the community. Chair Dwyer opened the public hearing at 9:10 p.m. Dennis and Bonnie Finn, 645 Wesley Lane, appeared to address the Commission. The Finns presently live across the street from Mr. Beckmann. They moved from another neighborhood where a neighbor had installed a ham radio antenna which prompted them to move to Mendota Heights. Mr. Finn feels his view line will be obstructed by the antenna and will negatively affect his property value. Mrs. Finn noted interferences which were encountered with the last situation. She also stated the equipment was not fully explained to the neighbors who signed their approval. Mrs. Finn also noted this project was explained to neighbors within a 100 -foot parameter, however it was her belief many more would be affected by the installation of this equipment. Chair Dwyer pointed out Mr. Beckmann could install the equipment in his yard and the City would not have any say about it. Mr. Danielson noted it could be constructed in a side yard without City approval. Cindy Beckmann addressed the Commission and stated the Finns were asking for zero tolerance and she felt there should be a reasonable tolerance and cooperation within the neighborhood. She noted instances where she had been tolerant of the Finn's cats in the neighborhood. Commissioner Betlej moved to close public hearing. Commissioner Friel seconded. Chair Dwyer closed the public hearing at 9:16 p.m. 7 Commissioner Koll commented many residents who would have full view of the equipment were not aware of this request. Chair Dwyer indicated a letter had been received from Jan and Jim Schueppert relating concerns they would be able to view this equipment. Mr. Beckmann noted the Schueppert's property is approximately 800 feet from his property and one of the major pieces of the structure is a 2 -inch diameter mast which would not be visible at 800 feet. He felt the Schuepperts were over reacting. With respect to the Finns, Mr. Beckmann stated as he visited neighbors regarding their approval, he asked them to call with any questions or concerns. Commissioner Koll asked for clarification of the lattice dish which is a part of the equipment. Mr. Beckmann explained the dimensions of the dish. Commissioner Duggan asked if the applicant would be willing to paint the tower to match the color of the home to appear less noticeable. Mr. Beckmann stated if that were at issue, then he would ask a reasonable determination be made with respect to the color difference of the tower and the back stucco of the house. Commissioner Duggan observed the Commission has dealt with the requests of ATT, as well as others, requesting to establish 125 and 75 -foot towers as opposed to this applicant requesting a 33 -foot antenna with a 9 -foot tower. He pointed out there are at least three or four more substantial towers which will be erected on the top of Sibley High School for cellular phone capabilities. Commissioner Friel moved recommending to the City Council denial of the request for a variance for an amateur radio tower as it fails to meet the hardship requirement according to Ordinance 7.4, Section 2. Commissioner Koll seconded the motion. Commissioner Betlej commented Mr. Beckmann could have come to the Commission with a request for a much higher tower, however, the Commission moves by the strict rules of the ordinance. Commissioner Duggan noted in Ordinance Section 23, which provides for additional requirements, exceptions and modifications, the City indicates that height limitations set forth elsewhere in the ordinance may be increased by 50 percent, when applied to the following structures. Flagpoles were listed as an example. AYES: 5 NAYS: 1 (Commissioner Duggan) 8 nilfu[SR 991111,11.11:1 79 Commissioner Lorberbaum expressed her appreciation to Mr. Beckmann for his honesty and completeness with respect to his description of the equipment. Mr. Beckmann assured the Commission he would revisit the neighbors prior to his request coming before the City Council for their consideration. CASE NO. 96-21 OLSON - CUP Chair Dwyer announced the case and reviewed the request of Mark Olson who appeared and addressed the Commission requesting a Conditional Use Permit for a detached garage at his home located at 832 Wagon Wheel Trail. He explained the home had had a one car detached garage which was recently removed. He noted he would like to replace that garage with a 2 and 1/2 car garage which is not able to be attached to the home. Chair Dwyer inquired if this request had been discussed with his neighbors. Mr. Olson noted that had not been done at this time. He noted his property is surrounded by trees and the property is obscured from the neighbors. Commissioner Koll commended the applicant on the proposed plans. She expressed concern with respect to the bushes on the side of the home and the 10 -foot setback which would require the removal of the bushes. Mr. Olson noted the driveway would not be moved and did not feel the bushes would be affected. Commissioner Friel commented the driveway had been grandfathered in as nonconforming. City Planner McMonigal confirmed this and noted Mr. Olson intends the driveway will be used as it exists. Commissioner Betlej noted the driveway should be drawn to scale on the diagram prior to being submitted to City Council. Commissioner Duggan asked if the semi -circular driveway would remain. Mr. Olson does not anticipate making changes to the driveways or trees which are now in place. Commissioner Duggan asked that the defined path be part of the drawing submitted to City Council for their consideration with accurate measurements. Chair Dwyer opened the public hearing at 9:40 p.m. There being no public testimony, the public hearing was closed at 9:40 p.m. LJ Commissioner Duggan moved recommending to City Council approval of the Conditional Use Permit for a detached garage subject to the new garage meeting all zoning and setback requirements and any new driveway area is to be set back five feet from the property line as well as submission of a scale diagram indicating the location of the driveway. Commissioner Friel seconded the motion. AYES: 112, NAYS: �11 CASE • CUP AND SIZE VARIANCE • ' DETACHED GARAGE Chair Dwyer announced the case and noted the applicant, Hugo Blackfelner, withdrew his application for a Conditional Use Permit and a variance for size for a detached garage at his home at 1026 Highway 110. Chair Dwyer announced the case and reviewed the request of Christopher Woolsey who appeared and addressed the Commission requesting a Wetlands Permit to add to his home at 2316 Lemay Lake Road. He explained the proposed excavation would be within approximately 81.5 feet of Lemay Lake which would require a Wetlands Permit. Commissioner Friel asked if Mr. Woolsey has contemplated a deck being added to the home in the direction of the lake. Mr. Woolsey noted there is a front porch on the home at the present time. Commissioner Friel inquired if the porch is part of the 18.5 foot encroachment. Mr. Woolsey was uncertain of this. Commissioner Koll inquired with respect to plans for the addition of a garage and if the structure would be closer than 81.5 feet to the lake. Mr. Woolsey commented he would like to have a front porch on the home at the second level which would extend an additional 10 feet. The home is currently a walk -out towards the lake. This would result in a 71.5 -foot encroachment. Commissioner Betlej stated the extent of the encroachment W to the lake would need to be clarified. Chair Dwyer asked to see a drawing of the proposed wrap around porch. Chair Dwyer noted the ordinance requires a structure be set back 100 feet from a wetland and the proposed structure would bring the house 30 feet into the 100 -foot setback. He expressed a concern that improvements proposed not dramatically change what is already there. Chair Dwyer stated he did not feel the 6x6 posts for the porch would have a negative impact on the wetland. Commissioner Lorberbaum asked if a completed application had been submitted. Administrative Intern Hollister noted that Staff may, at their discretion, deem certain items not applicable. Commissioner Lorberbaum asked if, in this case, a soil sample had been deemed not applicable. Hollister confirmed this was correct. Commissioner Lorberbaum inquired with respect to grading and Public Works Director Danielson commented it would be important to know the applicant's intentions. Mr. Woolsey stated other than where the new addition will be placed, it was not his intention to change any of the grade, but rather to plant grass up to the bank. Commissioner Lorberbaum asked if enough information had been submitted to allow the Planning Commission to act on this request. Danielson suggested an adequate drawing be submitted which depicts the proposed addition on this particular lot. The City Planner also suggested a survey be submitted which reflects this detail. Commissioner Friel explained the need for an appropriate survey to locate the setbacks and the proposed structure. City Planner Meg McMonigal stated a Certificate of Survey would need to be submitted indicating the location of the building. She further suggested if a porch is to be added on, it should be shown on the survey as well. McMonigal explained a Wetlands Permit is required within 100 feet, however, there is no setback or variance required. She noted impacts on the water are not expected if the bank is maintained. Commissioner Duggan asked if the amount of distance in relation to the permit had been noticed. Danielson stated the addition is within 81.5 feet of the lake. Commissioner Duggan noted it is inaccurate and misleading to the neighbors now that the applicant is proposing a structure which would subtract another 10 feet which the City was not aware of. Commissioner Duggan noted a Stop Order had been issued since the project had been 11 started without City approval. He further explained the reasoning for this process. Chair Dwyer pointed out Mr. Woolsey would need a Wetlands Permit and the size is undetermined at this time. He asked the applicant to come back with a Certificate of Survey indicating the accurate distances and any other recommendations made by Staff. Without this information, the Planning Commission would not be in a position to make a recommendation to the City Council. Commissioner Friel also commented the Commission would be unable to make a recommendation to the City Council without further information. Commissioner Betlej commented on the tuck under garage and inquired what side it would enter on. Mr. Woolsey noted it would enter on the north side. Commissioner Betlej further inquired if the driveway would change. Mr. Woolsey noted it will change somewhat. Commissioner Friel moved to table this matter for consideration based upon the further submissions- by the applicant. Commissioner Lorberbaum seconded. Commissioner Duggan inquired who the builder would be on the project. Mr. Woolsey noted he will be completing the work himself. He noted he has a permit issued by the State. AYES: 6 NAYS: 0 TP reT, IT tw-,T;T;7 Fq 4 Chair Dwyer asked the applicant to return to the September meeting of the Planning Commission with more complete plans. Chair Dwyer requested a verbal review of the matters which were submitted to the City Council for their consideration. Public Works Director Danielson noted with respect to the Ettinger case, City Council granted the variance as recommended by the Planning Commission. iN National Rod Ends applied for a setback variance for a monument sign. The City Council moved the sign back two feet and added a condition that should the road be widened, the monument sign would be set back a like distance. The Independent School District requested a Conditional Use Permit for the addition of a portable facility for one year. City Council approved this request as recommended by the Planning Commission. Paster Enterprises requested a Conditional Use Permit to utilize some of the excess dirt being generated by the construction of the senior housing facility. City Council approved that request, noting their main concern was to avoid having a large number of trucks hauling dirt in and out. Subsequently, Paster Enterprises was unable to acquire the land from IVINDOT, therefore, they were required to obtain a permit from IVINDOT relative to the fill and IVINDOT did not issue the permit. This prevented the Conditional Use Permit from being utilized. NSP requested a Conditional Use Permit for mining, essential services, and a variance for height fora fence on their site relative to the substation in Mendakota Park. City Council has expressed concern with respect to noise and a noise consultant was hired and advice was given to NSP on mitigation of the sound. It was determined the transformers are noisy and recommendations were given to NSP who agreed to install the improvements recommended. NSP continues to install berming, landscaping and the extension of a noise wall. Commissioner Betlej inquired if there had been any discussion on the variance ordinance. Danielson suggested a separate memo be submitted requesting a response. Commissioner Friel moved that a memo with respect to the variance ordinance be resubmitted to the City Council and a response requested. Commissioner Betlej seconded. AYES: 6 NAYS: 0 MOTION CARRIED. Commissioner Friel noted an ordinance was prepared by the Planning Commission and submitted to City Council approximately a year ago, suggesting the Council could, in the event all adjoining property owners 13 signed, waive any objection to a requested variance, and grant the variance under those circumstances even though it does not meet the hardship requirements. Commissioner Duggan observed the last several witness signatures reflect one person is signing for two in the home. He suggested individual signatures be obtained from both people in the home. There being no further business, the Planning Commission moved to adjourn its meeting at 10:17 p.m. Respectfully submitted, Cheryl Wallat Recording Secretary TimeSaver Off Site Secretarial 14