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1998-06-23 Planning Comm MinutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PLANNING COMMISSION JUNE 23, 1998 The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, June 23, 1998, in the Council Chambers at City Hall, 1101 Victoria Curve. The meeting was called to order at 7:30 p.m. The following members were present: Dwyer, Koll, Friel, Lorberbaum, Duggan and Tilsen. Also present were Public Works Director Jim Danielson, Planner Meg McMonigal, Administrative Assistant Patrick Hollister and Senior Secretary Kim Blaeser. The Planning Commission acknowledged receipt of a request from Mr. Henry Votel, recent applicant requesting a CUP and Wetlands Permit for a Best Western Hotel at Centre Pointe, to change the May 26, 1998 Planning Commission Minutes. The Commission acknowledged that this is an unusual request. The Commission reviewed Mr. Votel's changes and it was determined that not all the Planning Commissioners have the same recollection of their discussion as Mr. Votel. Commissioner Friel moved approval of the May 26, 1998 minutes with corrections and that Mr. Votel's request for changes be attached to the official record from the May 26, 1998 minutes. Commissioner Duggan seconded the motion. AYES: 6 NAYS: 0 XUANUM 1 *61 R*i Ll myril N M 0 144 Mr. and Mrs. Paul Dorn, owners of Lot 7, Block 2, Val's Addition, were present to discuss their request for a 7 foot front yard setback variance which would allow them to construct a single family home. Chair Dwyer explained that the variance would allow a corner of the home to PLANNING COMMISSION MINUTES - JUNE 23, 1998 1 be built 23 feet from the cul-de-sac portion of the lot versus the 30 feet that is required by the Zoning Ordinance. Ms. Dorn informed the Commission that the lot is fairly rectangular, straight forward lot with the exception of the southeast corner which is irregularly shaped. She stated that had this corner been squared off at the time of platting, there would not be a need for a variance. Ms. Dorn explained that the placement of the proposed home will abut the 30 foot front yard setback and the side setback on the west side. She stated the proposed home will be 88 feet wide bringing it 98 feet from the west boundary and leaving an additional 20 feet on the east boundary of which 10 feet is considered the side setback. She stated that the irregularity begins approximately 96 feet from the west boundary. Dorn stated that due to the irregularity of the lot, at the standard 30 foot front yard setback, they are limited to approximately a 70 foot wide home, whereas had the lot been squared off, they would have had 98 feet to work with. Dorn stated that the depth of the lot is only 135 feet on the west side and due to the irregular corner, only 113.77 on the east boundary. She stated that they are left with very little depth to work with. Dorn explained the overall design and placement of the proposed home is something they have labored with over a long time. She stated that there are several other factors which impact the lot. Dorn stated that there are townhomes directly behind their lot. She stated that these townhomes were built extremely close to their rear lot line. She explained that the back 15-20 feet of their rear lot is heavily bordered with trees. She stated that with the trees currently situated, and the minimal depth they have to work with, they are left with only approximately 20 feet of useable backyard space. She stated that if the proposed home is pushed back toward the rear lot line in an effort to meet the setback requirements of the irregular corner, a significant amount of tree removal would be necessary to create some minimal, useable backyard space for their children to play. Dorn stated that not only does this result in an unnecessary removal of trees, but also an increased lack of privacy and space between the townhomes and their proposed home. Dorn explained that the lot is heavily treed and that some trees will have to be removed. She stated that it has been their goal to design and build a home which will allow for some of the pockets of trees to be left untouched and staying far enough away from the roots so that they will not be PLANNING COMMISSION MINUTES - JUNE 23, 9998 2 destroyed during construction. Dorn stated that it was important to design a home in keeping with the neighborhood as well as one which will meet their families needs for years to come. Dorn stated that working within the setbacks of the irregular portion of the lot creates a hardship. She stated that without this variance, they would have to make a significant reduction in the foundation size. Dorn stated that homes built on a cul-de-sac are generally designed for that cul-de- sac. She stated that this lot faces straight forward and lines up evenly with the other lots on the road. She stated that this lot is not a cul-de-sac lot and the setback restrictions for cul-de-sac lots should not apply in this situation. Ms. Dorn stated that they have revised their home plans three times. She explained that they have reworked this several times in an effort to build within the given setbacks to the extent it was possible; allowing for a reasonable backyard area; allowing for natural sunlight; creating a footprint that is in keeping with the neighborhood and minimizing the impact on the trees. Ms. Dorn explained that they have reviewed the option of placing the garage on the east side of the lot and found that that option was not a viable solution because the street presentation of the home would be almost completely blocked by the garage and the trees would be impacted, especially those on the front/west portion of the lot. Dorn stated that the placement of the driveway could force the removal of these trees. She explained that also taking into consideration that the rear windows are north facing, the rest of the home is designed to maximize natural sunlight. Dorn stated that the proposed garage has been redesigned so that the third stall is pushed back approximately 8 feet to avoid further impacting the setback on the irregular corner. Dorn stated that they have cut over 100 square feet off of the proposed home in an attempt to narrow it. She stated that garage square footage has been eliminated as well. She stated that both of these measures have already significantly decreased the amount of square feet needed for the variance. Dorn stated that they have received overwhelming support from their future neighbors. She stated that they have received all signatures of consent. Dorn stated that a hardship exists due to the lack of depth and irregular shaped lot. PLANNING COMMISSION MINUTES - JUNE 23, 1998 3 Chair Dwyer stated that the applicant's plan indicates that the house has been made smaller to fit the lot and that he believes the home is in good keeping with the other homes in the neighborhood. Commissioner Tilsen inquired if the Dorris have considered flipping the house. He further stated that if the house and garage were setback further on the property, a variance would not be needed. Tilsen inquired as to why the Dorns did not start with a house design that meets all the ordinance requirements. Mrs. Dorn stated that when they began the process, they did not realize that it would be such an issue. She stated that they did look at flipping the house but that the trees would be impacted. She noted that other homes have their garages on the east side. Commissioner Tilsen stated that the Dorns have not submitted a tree inventory list. Regarding placement of the proposed home, Mr. Dorn stated that the home has been designed to catch the natural sun light and if reversed, it would defeat the purpose. Mr. Dorn stated that they have designed the home to accommodate their future needs. He stated that the home will have a main floor master suite which may be used by his ill father. Commissioner Duggan inquired about the number trees on the property. Mr. Dorn responded approximately 75. Duggan inquired about tree removal. Mr. Dorn explained that they would like to transplant existing trees elsewhere on the property. Mrs. Dorn stated that some apple trees will be removed. She stated that approximately 15 trees could be transplanted. Commissioner Duggan inquired about moving the house 7 feet back. Mrs. Dorn stated that it would interfere with the trees along the rear lot line. Duggan stated that the variance request would be eliminated. Mr. Dorn responded that the house would have to be moved more than 7 feet to accommodate the setback requirement. Mrs. Dorn stated that a significant part of the backyard would be eliminated. In response to a question from Commissioner Duggan regarding platting of the Val's Addition, Public Works Director stated that this plat was an infill development and that the plat was created using existing development dimensions from another plat. He stated that if the platting process were to be done without these constraints this would not have happened. Commissioner Lorberbaurn stated that the Dorns are designing a home that does not fit on the lot and that another hardship needs to be presented. Mrs. PLANNING COMMISSION MINUTES - JUNE 23, 1998 4 Dorn responded that their hardship is that the lot is being considered a cul- de-sac lot. She stated that their lot faces straight forward and lines up evenly with the other lots on the straight road. She stated that the cul-de- sac setback restrictions should not apply in this situation. She stated that in this situation, she does not believe that these restrictions should apply. Commissioner Lorberbaum reiterated that the property is buildable and that a home can be designed to accommodate the required setbacks. Mrs. Dorn responded that if they flipped the house around or push the home further back onto the property, their neighbors would be concerned and the trees would be impacted. Commissioner Friel stated that this is one more variance request that has an encroachment with no specific hardship demonstrated. Commissioner Koll stated that she understands the Dorn's problem. She inquired if the house were to be flipped, what would happen to the huge evergreen in the front yard. Mrs. Dorn responded she is unsure. Commissioner Koll stated that the proposed home fits the neighborhood and the Dorn's have signatures of consent supporting the request. She stated that she has no concerns with this request. Commissioner Tilsen stated that the impact to the trees may be considered a hardship. He stated that the Dorns have tried to design a home around the trees. He inquired if the Dorns could return to the Commission's next meeting which would allow them time to generate a tree inventory list locating -significant trees on the property. Chair Dwyer stated that he sees a hardship in this request. He stated that the lot is irregular and that the Dorns have put a great deal of time and thought into their design and request. Chair Dwyer moved to recommend that the City Council approve a seven foot front yard setback variance. Commissioner Koll seconded the motion. AYES: 2 NAYS: 4, DUGGAN, TILSEN, FRIEL, LORBERBAUM VIT41—dreINUMM PLANNING COMMISSION MINUTES - JUNE 23, 9998 5 Commissioner Friel moved to recommend that the City Council deny the seven foot front yard setback variance. Commissioner Lorberbaum seconded the motion. AYES: 4 NAYS: 2, KOLL, DWYER The Commission suggested that the Dorns submit a significant tree survey for Council review on July 7, 1998. HEARING: CASE NO. 98-17: VOGELPOHL - VARIANCE Dr. Thomas Vogelpohl, of 670 Wentworth Avenue, was present to discuss his request for a 14 foot rear yard setback variance which would allow the addition of a screened porch to the rear of the home. Dr. Vogelpohl explained that they are adding on to their home due to the expansion of his family. He stated that a part of their plan is to add a screened porch, which will extend 16 feet to the south of the family room. He explained that this would be the most logical spot to add a screen porch because the living room and bedrooms are on the north side of the home. He stated that he believes that this is the most reasonable design for his home and that it would not greatly impact his property because it is a large lot. Commissioner Tilsen asked -for clarification regarding the building process and noted that the plans seem to be numbered in phases. He inquired if construction has started on the first Phase. Dr. Vogelpohl explained that phase process and stated that construct began today. Commissioner Tilsen inquired if Dr. Vogelpohl has considered other options. Dr. Vogelpohl responded yes and stated that the most logical spot for the addition is south of the family room. Commissioner Tilsen stated that the future porch will be 14 feet from the south property line and that the rear yard setback is 30 feet. He stated that this is more than 50 percent difference in setback requirements. Dr. Vogelpohl explained that his property is just shy of an acre and that the lots around his home are over an acre. He stated that his addition will have minimal impact on his surrounding neighbors. Commissioner Tilsen responded that if Dr. Vogelpohl's neighbors decide to subdivide their property, then a variance from the required 30 foot setback becomes critical. He stated that he is concerned with future infill development. He inquired PLANNING COMMISSION MINUTES - JUNE 23, 1998 6 why Dr. Vogelpohl could not move the addition north 15 feet. Dr. Vogelpohl responded that his interior plan design would be decimated. Tilsen stated that the addition could be moved 7 feet and then there would be a 30 percent difference in setback requirements. Dr. Vogelpohl pointed out that access to his garage would be affected if the addition is moved 7 feet to the north. He stated that there would also be a significant change in his roof line. Commissioner Tilsen inquired if there will be a change in drainage. Dr. Vogelpohl responded no. Commissioner Duggan inquired if Dr. Vogelpohl intends to subdivide his property. Dr. Vogelpohl responded no. Duggan stated that this is a large lot and that there will be no impact on neighbors. Commissioner Lorberbaum stated that she had visited the site and that she agrees that the neighbors will not be impacted. She noted her concern with future subdivisions and that the addition could encroach a future lot. Chair Dwyer stated that he has no concerns. In response to a question regarding Dr. Vogelpohl's future deck and whether a variance would be needed or not, Public Works Director Danielson stated that open decks do not have to be within the 30 foot setback requirement and that a variance would not be needed. Commissioner Friel stated that a hardship has not been demonstrated. Commissioner Koll stated that she is concerned with future subdivision and how the proposed addition will encroach new neighbors. She stated that she is concern with the 50 percent distance as raised by Commissioner Tilsen. Dr. Vogelpohl inquired as to what would be an appropriate distance and what percentage would be acceptable. Commissioner Duggan stated that he does not agree with the Commissioners who are concerned about future subdivisions. Duggan stated that the existing lots surrounding Mr. Vogelpohl's property are not currently impacted. Chair Dwyer opened the meeting to the public. There was no one present to discuss this request. PLANNING COMMISSION MINUTES - JUNE 23, 9998 7 Commissioner Duggan moved to close the public hearing. Commissioner Koll seconded the motion. AYES: 6 NAYS: 0 Commissioner Duggan moved to recommend that the City Council approve 14 foot rear yard setback variance for a screen porch. Chair Dwyer seconded the motion. AYES: 2 NAYS: 4, KOLL, FRIEL, LORBERBAUM, TILSEN MOTION FAILS Commissioner Friel moved to recommend that the City Council deny the variance application due to the lack of demonstrated hardship. Commissioner Tilsen seconded the motion. AYES: 4 NAYS: 2, DWYER, DUGGAN The Commission suggested that Mr. Vogelpohl submit a drawing which clearly locates parcels that surround Mr. Vogelpohl's property. CONTINUED HEARING: CASE NO. 98-15: CITY OF MENDOTA HEIGHTS - ZONING ORDINANCE AMENDMENT Chair Dwyer explained that at their May 26, 1998 meeting, the Commission continued the public hearing on the proposed attached garage size limitation ordinance to their June meeting. He explained that the Commission continued the hearing in order to give the City Council an opportunity to provide more guidance as to the purpose and parameters of the proposed Ordinance. Chair Dwyer explained that at their June 2, 1998 meeting, the City Council reviewed the Planning Commission's request for further input. Dwyer stated the Council is concerned about portionality with respect to the size of the garage and how it -relates to the size of the home. He stated that the Council realizes that the City currently has ordinances restricting home occupations. Dwyer stated that Council feels limitations should be placed on the size of PLANNING COMMISSION MINUTES - ✓UNE 23, 9998 8 garages to prevent them from getting out of control. Dwyer stated that the Council would like to see the proposed ordinance moved forward for their review in July. Chair Dwyer read the following proposed ordinance: 4.18(4) A private two -car garage with a minimum floor area of four hundred forty (440) square feet and a maximum area of one thousand two hundred (1200) square feet shall be required to be built concurrent with the principal structure. 7.2(11) Attached private garages with a minimum floor area of one thousand two hundred (1200) square feet and a maximum floor area of one thousand five hundred (1500) square feet under the following conditions: 7.2(1 1)a No more than two garage doors, or three single -wide garage doors shall be permitted. 7.2(1 1)b The square footage of the garage shall be no greater than one half of the total above -ground square footage of the house including the garage. 7.2(1 1)c No use of the garage shall be permitted other than private residential use. In response to a question from Chair Dwyer regarding Section 7.2(1 1), Administrative Assistant Hollister explained that Commissioner Friel had noted the disparity between the size limit for detached garages and the proposed size limit for attached garages at the Commission's May meeting. He stated that Council has responded that detached garages are not built to the same building standards as attached garages. Regarding Section 7.2(1 1)c, Commissioner Duggan suggested changing "private residential use" to "non commercial use". Commissioner Friel suggested that the wording be changed to "noncommercial private residential use". Commissioner Duggan asked for clarification regarding floor area of a home and whether the square footage includes a home with a walkout basement. Public Works Director Danielson responded that homes within Mendota Heights are required to have basements and that the square footage of a basement is not included in the calculations of minimum floor area. PLANNING COMMISSION MINUTES - JUNE 23, 1998 9 Commissioner Duggan inquired about the number of complaints the City has received over the past thirty years with respect to size of attached garages. Danielson responded that staff would have to research this request. He stated that staff has received complaints regarding home occupations. Duggan stated the petition presented to the Council in favor of limiting the size of attached garages included 42 homes from the Bridgeview Shores neighborhood. He stated that this petition does not represent the entire Mendota Heights community. Duggan stated that the majority of homes with large, attached garages were built many years ago. Duggan stated that the community has done fine for over 40 years. Commissioner Lorberbaum stated that the proposed ordinance is a safe guard. Regarding Section 7.2(1 1), Commissioner Tilsen stated that he would like to see some flexibility to the ordinance with respect to infill development. He suggested that any request that does not comply with proposed Section 4.18(4) should fall under a Conditional Use Permit process. He stated that these requests should be handled on a case-by-case basis. Commissioner Lorberbaum concurred. Regarding Section 7.2(1 1)a, Chair Dwyer inquired about the standard height of a garage door. The Commission discussed garage door height variations and determined because most families have sport utility vehicles, a height limit of 10 feet would be sufficient. It was noted that the Commission felt that anything higher may be used for more commercial uses. Commissioner Friel suggested that a minimum/maximum square footage requirement be added to -Section 7.2(1 1)b. In response to a question from Commissioner Friel, Public Works Director Danielson stated that the Council's intention is for Section 4.18(4) to be regulating attached garages. Danielson stated that Section 7.2(10) is intended for detached private garages only. Danielson reminded the Commission that detached garages require less construction standards than attached garage. He stated that is why the ordinance limits the size of detached garages. The Commission discussed adding "attached" "private two -car garage" within Section 4.18(4). Commissioner Tilsen stated that he does not feel "two -car" is an appropriate definition of a size of a garage. Commissioner Friel suggested changing the language to specifically state square footage requirements. Chair Dwyer opened the meeting to the public. Mr. Richard Rabanus, of 681 Callahan Place, stated that he is against the PLANNING COMMISSION MINUTES - JUNE 23, 9998 10 proposed ordinance. He stated that he does not believe there is a problem. He stated that he believes that limiting the size of residential garages is one more governmental control that is not necessary. He stated the City already has laws controlling home occupations. He stated that large garages promote enclosed storage of miscellaneous items. Mr. Rabanus submittedd-a petition opposing the proposed ordinance. He stated that there are 179 signatures from residents all over Mendota Heights, not just one neighborhood. Mr. Rabanus stated that the City Council is concerned that large garages will promote certain commercial operations. He stated that there are over 100 large garages in the City and that his research indicates there has never been a problem. He stated he does not believe that the City should legislate for worse case scenarios. Mr. Rabanus stated that the Council is concerned with visual aesthetics. He submitted pictures of homes, in Apple Valley, and stated that these homes have well designed attached garages that match the exterior of the homes. Mr. John Mathisrud, of 1860 Hunter Lane, stated that he does not understand why this is such an issue. He stated that he does not want to see items stored outside and that large attached garages promote storage inside. Mr. Russ Wahl, of 631 Callahan Place, suggested that in the future, copies of proposed ordinance amendments be made available to,the public. Wahl stated that he does not support the proposed ordinance changes. Chair Dwyer inquired about the orange buttons members of the audience are wearing. The audience informed the Planning Commission that the button states "Round Two" - "Garage Limit 1998" - "Kaboom". Commissioner Tilsen moved to close the public hearing. Commissioner Duggan seconded the motion. AYES: 6 NAYS: 0 PLANNING COMMISSION MINUTES - JUNE 23, 9998 11 Commissioner Friel moved to recommended that the City Council amend the Zoning Ordinance to limit the size of attached garages in residential zones within the City subject to the following changes: 1 That attached garages between 440 and 1200 square feet shall be permitted under the following conditions: No use of the garage other than a private residential non- commercial use. 2. Attached garages between 1200 and 1500 square feet shall be permitted under the following conditions: No use of the garage other than a private residential non- commercial use. No garage doors higher than 10 feet. No more than two garage doors or three single -wide garage doors. The square footage of the garage shall be no greater than one half of the above ground footage of the house including the garage. 3. Attached garages greater than 1500 square feet shall require a Conditional Use Permit. There shall be no upper limit to size of a garage allowed by a Conditional Use Permit. Commissioner Duggan seconded the motion. Commissioner Tilsen offered a friendly amendment adding that no garage door height will be greater than 10 feet. Commissioner Friel and Duggan accepted the friendly amendment. AYES: 6 NAYS: 0 HEARING: CASE NO. 98-16: MIKE - VARIANCE Ms. Loraine Mike, of 547 Simard Street, was present to discuss a request for a Conditional Use Permit for an existing storage building over 144 square PLANNING COMMISSION MINUTES - JUNE 23, 1998 12 feet, in order that the former attached garage can be reconverted back into a garage. Ms. Mike explained that a storage building exists on her property which was built when the attached one car garage was converted to living space. She stated that the storage building was never used as a garage and that they have always parked their cars in front of the converted garage. Commissioner Friel stated that the existing storage building has been there quite a long time. Ms. Mike stated yes, since the early 1980's. She stated a driveway poured to the storage building. Commissioner Friel inquired as to why Ms. Mike applied for a Conditional Use Permit. Public Works Director Danielson stated that all homes are required to have a garage and that staff has made an error, on the strict side, in requiring Ms. Mike to apply for a Conditional Use Permit. Commissioner Friel moved to close the public hearing. Commissioner Duggan seconded the motion. AYES: 6 NAYS: 0 Commissioner Friel moved to recommend that the City Council determine that a Conditional Use Permit is not required because the detached structure existed prior to the existing ordinances,and that the applicant does not need a Conditional Use Permit to reconvert living space into a garage. Friel included that City Council authorize staff to issue a building permit and refund the $350 Conditional Use Permit fee. Friel continued that in the alternate, if the Council disagrees with the above recommendation, then City Council should grant a Conditional Use Permit along with refunding the Conditional Use Permit fee. Commissioner Duggan seconded the motion. AYES: 6 NAYS: 0 HEARING: CASE NO. 98-18: STAPLES - CUP AND VARIANCE Mr. Richard Staples, of 2227 Dodd Road, was present to discuss his request for a Conditional Use Permit and a size Variance which would allow the PLANNING COMMISSION MINUTES - JUNE 23, 9998 13 construction of a detached garage. Mr. Staples explained that his existing attached 2 car garage, with a height dimension of 5'11 ", does not allow for the parking of a car, truck or boat. He stated that expanding the existing garage would terminate the view of his back yard, dining room stain glass window and a shade tree. Staples stated that he would like to construct a detached 30' x 36' garage. He stated that he would like to place the structure in the northwest corner of his lot. Staples stated that in the future, he intends to convert the attached garage into a family room. In response to a question, Mr. Staples stated that he would like to keep his existing shed and use it for the purpose of storing lawn equipment. Mr. Staples stated that the proposed garage will not impact any of his neighbors because his lot is surrounding by trees. He stated that the homes located to the north and south of his home also have detached garages. He stated there are no homes across the street from his home. Staples stated that he has no intention of performing commercial work within the proposed garage. He stated he just wants his miscellaneous items stored out -of -site. In response to a question from Commissioner Koll, Mr. Staples stated the detached garage will be constructed on a floating slab and that the exterior materials will match his home. He stated that he intends to reside his home when he constructs the new garage.- He stated there will be no water lines to the garage and that he may bring electricity to the garage sometime in the future. He stated that his home has motion lights and that the garage will have exterior lighting. Commissioner Duggan stated that he visited the site. He stated that Mr. Staples is very large. The Commission briefly discussed how the proposed garage ordinance may or may not affect Mr. Staples request. Commissioner Koll stated that Mr. Staples request is reasonable in part because his property is so isolated. She stated that Mr. Staples drawing is not to scale. She suggested that Mr. Staples submit a new drawing for Council review. Chair Dwyer opened the meeting to the public. PLANNING COMMISSION MINUTES - JUNE 23, 1998 14 There was no one present to discuss this request. Commissioner Tilsen moved to close the public hearing. Commissioner Duggan seconded the motion. AYES: 6 NAYS: 0 Commissioner Tilsen moved to recommend that the City Council approve the Conditional Use Permit for the detached garage with the following condition: 1. The attached garage be converted to living space and not be used as a garage. Commissioner Friel seconded the motion. AYES: 6 NAYS: 0 Commissioner Tilsen stated that if the limitation on garage sizes ordinance is adopted, Mr. Staples will not need a variance. Chair Dwyer pointed out that the Ordinance states 750 square feet. Dwyer stated that Mr. Staples is asking for 330 square feet over the limit. Commissioner Tilsen stated that the size of the lot may make this a diminimous request. Commissioner Friel moved .to recommend that the City Council grant the variance for the size of detached garage if the Council adopts the detached private garage provisions of the Garage Size Ordinance as recommend by the Planning Commission. Commissioner Duggan seconded the motion. Commissioner Koll inquired if Mr. Staples request would be approved if the ordinance is not adopted. AYES: 5 NAYS: 1, KOLL Commissioner Friel moved to recommend that the City Council grant the variance for the size of the detached garage even if the Council does not adopt the detached private garage provisions of the Garage Size Ordinance as recommended by the Planning Commission. PLANNING COMMISSION MINUTES - JUNE 23, 9998 15 Commissioner Koll seconded the motion. AYES: 3 NAYS: 3, FRIEL, LORBERBAUM, TILSEN HEARING: CASE NO. 98-20: WENSMANN HOMES - REZONING Mr. Terry Wensmann, of Wensmann Homes, was present to discuss his request to rezone Outlot B, Mendota Woods (Brookfield Lane) from HR -PUD to R-1 A which would allow the construction of a single family home on a 2.08 acre lot. This property is located adjacent to Kensington townhomes. Commissioner Friel stated that Planner McMonigal has suggested that the City consider rezoning the property or in the alternative grant a Conditional Use Permit. He asked for clarification. Planner McMonigal stated that rezoning the lot to R-1 A would accommodate the proposed use. She stated that a Conditional Use Permit may be preferred so as not to have a one -lot zone. Public Works Director Danielson stated that the City may impose conditions if the Conditional Use Permit process is followed. Public Works Director Danielson stated that Mr.John Slater, of 2524 Brookfield Lane, informed him that the Kensington Manor Homeowners Association does not object to the proposed single family home and that they will grant a driveway and utility easement to the future homeowner. Chair Dwyer opened the meeting to the public. There was no one present to discuss this request. Commissioner Lorberbaum inquired about the location of the easements. Public Works Director Danielson stated that Brookfield Lane is a private street and that the utilities are private. In response to a question from Commissioner Tilsen, Planner McMonigal stated that granting of a Conditional Use Permit is consistent with the R-3 zoning. PLANNING COMMISSION MINUTES - JUNE 23, 9998 16 Commissioner Tilsen moved to close the public hearing. Commissioner Duggan seconded the motion. AYES: 6 NAYS: 0 Mr. Wensmann inquired about building height limitations. Planner McMonigal explained that under the R-3 zoning requirements, the proposed home is in compliance. Commissioner Friel moved to recommend that the City Council approve a Conditional Use Permit to allow construction of a single family home on Outlot B, Block 1, Mendota Woods. Commissioner Duggan seconded the motion. Commissioner Tilsen inquired if there is a concern with this lot being subdivided in the future. He noted his concern with creating flag lots. Commissioner Tilsen offered a friendly amendment adding that the lot not be subdivided in the future Commissioners Friel and Duggan accepted the friendly amendment. AYES: 6 NAYS: 0 HEARING: CASE NO. 98-21: HAVERKAMP - VARIANCE Mr. Michael Haverkamp, owner of a vacant lot located at 1039 London Road, and Mr. Richard l3jorklund, of l3jorklund Construction, were present to discuss a request for a 10 foot front yard setback variance for a new home. Mr. Haverkamp submitted additional facts relating to his request for a variance. Mr. Haverkamp stated that he has photographs which demonstrate the special conditions of his lot and the hardships he faces. Mr. Haverkamp explained that the contour of the lot is a walkout and that the back 10 to 15 feet of the lot slopes off significantly into the adjoining back property line. He stated that this significantly reduces the amount of usable rear yard. He stated that the back of the lot has several large trees which act as a natural buffer between the two properties. PLANNING COMMISSION MINUTES - JUNE 23, 9998 17 Mr. Haverkamp explained that the walkout section of the home can only be accommodated on the northwest portion of the property due to the contour and slope of the lot. He stated that the design of the home is not unique as the garage section is on the opposite end of the primary walkout portion of the home. He stated that due to this condition, the majority of the home does meet the 30 foot setback requirement and only the garage portion of the home will be within the 10 foot variance request. He stated that the placement of the home does not impair the common setback and site line of the cul-de-sac development. Mr. Haverkamp stated that if the 30 foot setback requirement is imposed, the home would have to be placed back significantly from the common setback of the other cul-de-sac homes already built in the development. He stated that his builder, Mr. Richard Bjorklund, is of the opinion that that if this setback is imposed, it would impair the value of the proposed home along with those in the cul-de-sac. Haverkamp stated that he believes that his lot has significant and challenging building conditions of all the lots in the cul-de-sac due to its shape, contour and slope. He stated that the property across the cul-de-sac is identical in size and is not a walkout lot. He stated the lot is relatively flat and open to the back and that it does not have the special conditions that apply to his lot. Mr. Richard Bjorklund briefly discussed other building scenarios in which he has encountered related to setback requirements on cul-de-sacs. He stated that it is important to look at the topography of the lot and to determine the best placement of a home on the property. He stated that the Haverkamps would like to move the house up so to not infringe on the site line. He stated that it would also benefit the Haverkamp's neighbor to the right. He stated that the neighbor would see the Haverkamp's backyard as opposed to the side of the garage. Mr. Bjorklund reviewed several pictures of the lot. Mr. Bjorklund explained that the Haverkamps were unable to retain one of their neighbor's signature. He explained that he had spoken with Mrs. Bataglia and that he informed her that the design of the home will enhance the cul-de-sac neighborhood. Commissioner Tilsen moved to close the hearing. Commissioner Duggan seconded the motion. AYES: 6 NAYS: 0 PLANNING COMMISSION MINUTES - JUNE 23, 1998 18 Commissioner Tilsen stated that he believes the house can be designed to fit on the lot. He stated that the applicants have raised good points regarding their concern for site lines. He inquired if the Mr. Haverkamp reviewed other home designs. Mr. Bjorklund stated that they did. He explained that the Haverkamps are using the lot to the best of advantages. Tilsen stated that the home can be moved further back on the lot. Mr. Haverkamp stated that there are restrictive covenants in this neighborhood. He stated that they are required to have minimum square footage of 1900 with a required three car garage. He stated that the proposed home will be 2100 square feet. Commissioner Duggan stated that he agrees with the site line concerns expressed by Mr. Haverkamp and Mr. Bjorklund. Commissioner Duggan inquired about hardship. Mr. Bjorklund responded that at platting time, the lot created was shallow. He stated that the Haverkamps want to protect their investment and that,they are not using good judgment if they place the home further back on the property. Commissioner Lorberbaum stated that a home can be built on the lot without a variance. She stated that she does not see that a hardship has been presented. Chair Dwyer stated that there appears to be no right answer. He stated that its seems the lot was not platted correctly and that the Haverkamps are trying to comply with restrictive- covenants. He stated that it does not make sense to construct a small home that may not be in keeping with the other homes in the neighborhood. He stated that this is a diminimous request and that he believes the variance should be approved. Commissioner Friel stated that he disagrees with the hardship presented. He stated that the Commission does not have a right to exercise discretion. He stated that the site line arguments do apply on a cul-de-sac. Commissioner Koll stated that she has a torn opinion. She stated that she does not agree with the hardship presented. Ms. Patrice Bataglia, London Road, stated that she is the neighbor next to the Haverkamp's lot. She stated that she believes there is a site line issue. She stated that she believes that curb appeal is important and that it has something to do with purchasing a lot within a development. Bataglia stated that most homes are setback 30 feet from the street. She stated that the PLANNING COMMISSION MINUTES - JUNE 23, 9998 19 home across the street is at least 30 feet from the street. Bataglia stated there her home is setback over 35 feet and that her home has different angles as well. She stated that they were able to accommodate the setback requirements. She stated that the Haverkamp's lot is not a distressed lot. She stated that this lot is bigger than her own and that there is plenty of room for the Haverkamps to meet the setback requirements. Bataglia stated that when she constructed her home, they met the setback requirements and that they also wanted to match the existing homes in the neighborhood. She stated that she gave up her backyard to accommodate the setbacks. Bataglia stated that she wants to be a good neighbor. She stated that she is concerned with how a 20 foot setback and how it will appear within the neighborhood. Bataglia stated that her entire neighborhood is important. She stated that the City's ordinances is what makes Mendota Heights a quality, first ring suburb. Commissioner Duggan moved to recommend that the City Council deny the ten foot front yard setback variance. Commissioner Lorberbaum seconded the motion. AYES: 5 NAYS: 1, DWYER DISCUSS 1998 COMPREHENSIVE PLAN REVISION Chair Dwyer explained that the Commission has been asked to review, as part of the 1998 Comprehensive Plan Revision process, Community Characteristics and Land Use Plan sections of the Comprehensive Plan. Commissioners Duggan and Lorberbaum concurred with the City Council in that the description of "environmental liabilities" is "too negative" and that it should emphasize a more positive approach to steps taken by the City to overcome air noise and negative impacts of freeways. Commissioner Lorberbaum stated that she is concerned that the City may unintentionally create a negative reputation. She stated that there is a difference between being truthful than being overstated. Commissioner Duggan stated that page 5 and 6 should reflect these changes. Duggan suggested that on Page 6, under Environmental Conditions, (third paragraph) the sentence should read PLANNING COMMISSION MINUTES - JUNE 23, 1998 20 as follows (please see suggested changes): Proposed Language While the City ha a number of environmental assets, the City also possesses environmental liabilities that create challenges to planning a better community. Suggested Changes to Proposed Language While the City has a number of environmental assets, the City also possesses environmental challenges that create affected barriers to planning a better community. Also regarding Page 6, Environmental Conditions, Paragraph 3, Commissioner Duggan suggested that the word "tremendous" be changed. Commissioner Friel suggested that language be added focusing on how the FAA and the MAC have failed -to maintain the established flight corridor. Regarding Chapter 3, Land Use Plan, pages 2, 3, 4, Commissioner Duggan suggested the following changes: Page 2, Paragraph 6 - 4th line beginning with "Homes" Proposed Language Homes were removed and the area was redesigned for industrial uses. Suggested Changes to Proposed Language Homes were removed and the areas were reconfigured (or redeveloped) for industrial uses. Page 3, First Paragraph increase in flights, along with expansion of the flights over the new residential areas outside of the flight corridor, has negatively impacted many neighborhoods of the City. PLANNING COMMISSION MINUTES - JUNE 23, 1998 21 Suggested Changes to Proposed Language increase in flights, along with expansion of the flights over the new residential areas outside of the flight corridor, has adversely affected many neighborhoods of the City. Page 4, Part 11 Land Use Goals, A. Goals Proposed Language 4. Reduce air noise. Suggested Changes to Proposed Language 4. Reduce aircraft noise. Regarding Section III, Focus Areas, Commissioner Friel suggested that the Garron Site be guided in the Comprehensive Plan for High Density and zoned for Multi -family. The AcaciaSiteshould be guided in the Comprehensive Plan for High Density Residential and zoned Multi Family Residential. Resurrection Cemetery should remain guided as Cemetery inteh Comprehensive Plan and Zoned R-1 - Single Family Residential. The Commission concurred with Commissioner Friel. Regarding Page 6, Items to be Included in the Rest of the Land Use Plan, Commissioner Duggan stated that Letter E. should be St. Thomas Academy/Visitation instead of Tousig nant/Visitation. The Commission discussed the concept of placing land in a holding zone. Commissioner Friel questioned the logistics of this concept. Friel stated that he is concerned that this system may discourage development. Regarding aircraft noise and how this problem may put in Mendota Heights in a holding zone, Commissioner Friel stated that the City should consider repealing its Air Noise Attenuation Ordinance. He stated that if the City repeals this ordinance, then the City will not be subject to the Met Council's air noise guidelines. Regarding Population Characteristics and Employment, Commissioner Lorberbaum stated that she was surprised to see the Met Council's employment bases within the City of Mendota Heights grow from 7,650 in the year 2000 to 8,400 in the year 2010. She stated that she believes PLANNING COMMISSION MINUTES - JUNE 23, 9998 22 these estimates to be too high. Planner McMonigal stated that she would review this estimate. Commissioner Lorberbaum inquired as to why School District 197 did not submit information regarding the number of employees. Planner McMonigal stated that this information would be included in the final document. Commissioner Friel suggested that information regarding the reconstruction of 1-35E bridge. MISCELLANEOUS Chair Dwyer stated that he would not be attending the July Planning Commission meeting. LTJ 4".1 -.31-Al 411110WA IVITA Public Works Director Danielson gave a brief review of Council action regarding previous planning applications. ADJOURNMENT There being no further business, the Planning Commission moved to adjourn its meeting at 11:40 p.m. Respectfully submitted, Kimberlee K. Blaeser Senior Secretary PLANNING COMMISSION MINUTES - JUNE 23, 1998 23