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1997-11-25 Planning Comm MinutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PLANNING COMMISSION MINUTES NOVEMBER 25, 1997 The regular meeting with the Mendota Heights Planning Commission was held on Tuesday, November 25, 1997, in the Council Chambers at City Hall, 1 10 1 Victoria Curve. The meeting was called to order at 7:30 p.m. The following members were present: Dwyer, Koll, Friel, Betlej, Duggan and Tilsen. Commissioner Lorberbaum had informed Chair Dwyer that she would be late. Also present were Public Works Director Jim Danielson, Planner Meg McMonigal, Administrative Assistant Patrick Hollister and Senior Secretary Kim Blaeser. Commissioner Tilsen moved approval of the October 28, 1997 minutes with corrections. Commissioner Friel seconded the motion. AYES: 6 NAYS: 0 HEARING: CASE NO. 97-39 - CARD - VARIANCE AND CUP Mr. Joseph Card, of 644 Brookside Lane, was present to discuss his request for a Conditional Use Permit and Variance which would allow the construction of a second story addition to his garage. Chair Dwyer stated that Mr. Card had recently added a second story to his garage for a dancing studio for his son. Mr. Card responded yes and that he disagrees, with Planner McMonigal, that a height variance is also necessary. Card stated that the garage has been in existence for forty years and that he had made an addition to the garage four years ago. He stated that the garage addition is located eight feet from his property line. He informed the Commission that his neighbor, Mr. Krueger, is willing to give him two feet of his property which would then make his property wider. Mr. Krueger, of 646 Brookside Lane, confirmed his intent to give Mr. Card two feet of his NOVEMBER 25, 1997 - PLANNING COMMISSION MINUTES property with the Commission. Mr. Card stated that if the Conditional Use Permit is an issue, he is willing to attach his home to the garage by forming a walkway. Commissioner Tilsen stated that if Mr. Card plans to attach the garage to the house, a thirty foot house setback is required. Tilsen stated that there is no information before the Commission to discuss Mr. Krueger's intent to sell two feet of his property to Mr. Card. Mr. Card informed the Commission that he had received a building permit four years ago which allowed him to construct an addition to his garage. He stated that he has built onto the side of the garage and has installed a pre- cast roof to the garage. He informed the Commission that his garage roof leaks. Commissioner Tilsen inquired if Mr. Card has deviated from his original building permit approval. Mr. Card responded that the garage addition is now safer than it ever has due to the construction of the new garage roof. He stated that he wants to use the space above his garage. Mr. Card informed the Commission that he had spoken with .his neighbors regarding his proposal. He stated that he had spoken with his neighbors regarding the proposed roof style and that they did not indicate a concern. He stated that he had found out recently that the City had received complaints from his neighbors regarding his garage addition. Chair Dwyer stated that Mr. Card's garage addition is considered a non- conforming use and that the proper permit process was not followed. The Commission inquired about the past history of Mr. Card's building permit process. Mr. Card stated that he received the initial building permit in 1992. He inquired how the City calculates the average height of a structure. Commissioner Lorberbaum arrived at 7:56 p.m. Planner McMonigal explained how the City calculates building heights by citing Section 3.2{19) of the City's Zoning Ordinance - "The vertical distance form the average grade of the front building line, as established in the approved grading plan for the lot, to the top of the cornice of a flat roof, to a point of the roof directly above the highest wall of a shed roof, to the uppermost point on a round or other arch type roof, to the average distance of the highest gable on a pitched or hip roof". After some discussion, the City Planner and Commission members calculated NOVEMBER 25, 1997 - PLANNING COMMISSION MINUTES 2 Mr. Card's roof height to be eighteen feet. Public Works Director Danielson reviewed Mr. Card's garage addition plans from 1992. Commissioner Friel noted that Mr. Card has constructed an additional six feet to his garage along with adding a second story to the garage. Friel stated that the issues related to setback variances have been resolved in 1992. He stated that a variance and conditional use permit is necessary due to the expansion of a non -conforming use. Commissioner Betlej inquired if the detached garage is larger than the principal structure. Chair Dwyer opened the meeting to the public. Chair Dwyer informed the Commission that Mr. and Mrs. David Wolff, of 644 First Avenue, submitted a letter which informs the Commission that the garage addition does not impact them only because they do not have to see it day -after -day. He stated that according to the Wolff's letter, it is their opinion that Mr. Card's neighbors, Mr. and Mrs. John Albu, of 641 First Avenue, do see the garage every day and that the addition does impact the Albus. Chair Dwyer stated that the Wolffs have indicated that they regret signing Mr. Card's petition. Mrs. Albu, of 641 First Avenue, stated her opposition to the Commission and noted that Mr. Card had presented his proposal to them in October and that when they left on vacation, Mr. Card built his addition. She stated that the garage addition is much larger than what was presented and that it directly impacts their back yard view. Mr. Kevin O'Keefe, neighbor located west of Mr. Card, informed the commission that the Albus were mislead and that the garage addition does directly impact the Albus backyard view. Mr. Krueger, of 646 Brookside Lane, stated that the garage does not seem to impact any households as there is a fence and trees that help screen the addition. Chair Dwyer stated that the garage addition must be used for private use only. Mr. Card stated that the addition will be used by his son who practices dance on a regular basis. He informed the Commission that his son takes dance lessons in Maplewood and that the addition will only be used for his son's practices. He stated that he has no plans to use the addition for a formal dancing business. Mr. Card stated that he is willing to place a NOVEMBER 25, 1997 -PLANNING COMMISSION MINUTES 3 condition on his approval that when his son no longer uses the garage for practices, he would be willing to seal the doors and use the space only as an attic. Commissioner Duggan inquired if a contractor was hired to complete the work. Mr. Card responded no. Card stated that only one inspection has been completed since 1992 (a footing inspection). He stated that his building permit is still open. Duggan inquired about the garage and how it will be used. Mr. Card stated that the portion of the garage where the large door is located is used by himself to park his van and that the other half of the garage is used by his wife and for storage space. Commissioner Duggan stated that he believes that this is the first time where neighbors have expressed their concerns that an addition to the neighborhood affects their own property and the use of it. He stated that no hardship has been presented. Mr. Card stated that he has received signatures of consent from property owners within 350 feet of his property. He informed the Commission that two neighbors did not sign the consent form. Commissioner Friel stated that with the approval of the conditional use permit, the Commission would be recommending that the garage addition exceed the City's Zoning Ordinance height limitation and the normal size of a detach garage by 1200 feet. Commissioner Koll stated that she empathizes with Mr. Card's situation. She stated that she has a real concern with the size of the structure. She stated that most people living around Mr. Card do not realize that the addition is there. She stated that it is those neighbors on First Avenue who have a real concern because the addition is so stark and gigantic. Commissioner Duggan stated that the drawing does not appear to be to scale. Mr. Card stated it is. Chair Dwyer moved to close the public hearing. Commissioner Duggan seconded the motion. AYES: 7 NAYS: 0 NOVEMBER 25, 1997 -PLANNING COMMISSIONMINUTES 4 Commissioner Duggan moved to recommend that the City Council grant a Conditional Use Permit conditioned upon: 1. The buildings be uniform in color. 2. That the building be used for private use only. 3. That the building be properly screened with landscaping. MOTION FAILS DUE TO THE LACK OF A SECOND MOTION, Commissioner Friel moved to recommend that the City Council deny the Variance and Conditional Use Permit on the grounds that the garage addition exceeds both the height requirement and square foot requirement and that no hardship has been presented. Commissioner Tilsen seconded the motion. Commissioner Betlej noted that this recommendation for denial has nothing to do with the side yard setback or footprint issues since these issues were already approved, in context, for the initial addition. He stated that the initial addition did not include a second story to the garage. AYES: 6 NAYS: 1,DUGGAN Commissioner Lorberbaum inquired about what will happen if the City Council concurs with the Commission' recommendation for denial. Staff informed her that the building would have to be torn down. CASE NO. 97-40: THOMPSON - VARIANCE Mr. Samuel Thompson was present to discuss his request for a variance to lot size which would allow the construction of a single family home on Lot 5, Block 14, Friendly Hills. Mr. Thompson stated that this lot is the same size lot as found within the Friendly Hills addition. He informed the Commission that his proposed home will be a rambler with 1500 square feet of livable space and 572 square feet of garage space. It was noted that the lot size is 10,120 square feet or 67 percent of the current minimum R-1 lot size of 15,00 square feet. The Commission inquired if this lot is located with the air noise zone in which the home will need to be constructed with specific noise attenuation NOVEMBER 25, 1997 -PLANNING COMMISSIONMINUTES 5 requirements. it was noted that this lot is not located within the air noise zone district. Commissioner Tilsen noted that Mr. Thompson has presented two options in which he could build his home. Tilsen stated that option one appears to not disturb the trees located on the lot. He encouraged Mr. Thompson to consider option one. Commissioner Betlej inquired if Mr. Thompson intends to construct a deck or screen porch in the future. Mr. Thompson responded yes. Betlej informed Mr. Thompson that a variance will be necessary at that time. Chair Dwyer noted that signatures of consent have- been received. Commissioner Tilsen moved to waive the public hearing requirement. Commissioner Duggan seconded the motion. AYES: 7 NAYS: 0 Commissioner Tilsen moved to recommend that the City Council grant the lot size variance to allow the construction of a home on Lot 5, Block 14, Friendly Hills with the stipulation that this lot size variance approval not be construed to imply prior approval of any other variances or other planning approvals in constructing the actual home. Commissioner Duggan seconded the motion. AYES: 7 NAYS: 0 CASE NO. 97-41: PARK - VARIANCE Administrative Assistant Hollister informed the Commission that Mr. and Mrs. Park and their attorney, Mr. John Parritz, were unable to attend tonight's meeting to discuss their request for a variance to build a six foot solid board fence in the back of their property abutting Delaware Avenue. He stated that the applicants have asked that the Commission review their request. He stated that the applicants would be available to attend the December 2nd Council meeting. Commissioner Lorberbaum stated that she believes the Parks have a hardship in that the City's Police Department has recommended that the Parks pursue NOVEMBER 25, 1997 - PLANNING COMMISSION MINUTES 6 this request due to a recent burglary. Lorberbaum stated that the fence will be on the Park's and located behind their attorney, Mr. Parritz's home. She stated that they are trying to prevent more problems from occurring. The Commission discussed whether or not they should review this request since the applicants were unable to attend. Chair Dwyer stated the he does not feel the Commission should address this application when the applicants are not present. Commissioner Friel moved to table the request until the next regular Planning Commission meeting. Commissioner Betlej seconded the motion. AYES: 6 NAYS: 1, LORBERBALIM CONSIDER CANCELING THE DECEMBER 23, 1997 PLANNING COMMISSION MEETING There being no pending planning applications and due to the upcoming holidays, Commissioner Friel moved to cancel the December 23, 1997 Planning Commission meeting. Commissioner Betlej seconded the motion. AYES: 7 NAYS: 0 VERBAL REVIEW Public Works Director Danielson gave a brief review of Council action regarding previous planning applications. There being no further business, the Planning Commission adjourned its meeting at 8:55 p.m. Respectfully submitted, Kimberlee K. Blaeser Senior Secretary NOVEMBER 25, 1997 - PLANNING COMMISSION MINUTES 7