1998-02-24 Planning Comm MinutesCITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
PLANNING COMMISSION MINUTES
FEBRUARY 24, 1998
The regular meeting of the Mendota Heights Planning Commission was held on
Tuesday, February 24, 1998, 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, Lorberbaum and Tilsen. Commissioner Duggan
had informed the Commission that he would be late. Also present were Public
Works Director Jim Danielson, Planner Meg McMonigal, Administrative Assistant
Patrick Hollister and Senior Secretary Kim Blaeser.
ELECTION OF OFFICERS
Commissioner Friel moved to appoint Mike Dwyer as Chair of the Planning
Commission for 1998.
Commissioner Koll seconded the motion.
AYES: 6
NAYS: 0
Commissioner Lorberbaurn moved to appoint Ultan Duggan as Vice Chair of
the Planning Commission for 1998.
Commissioner Friel seconded the motion.
AYES: 6
NAYS: 0
�-119 �n �
Commissioner Koll moved approval of the January 27, 1998 minutes with
corrections.
Commissioner Lorberbaurn seconded the motion.
AYES: 6
NAYS: 0
PLANNING COMMISSION MINUTES - FEBRUARY 24, 1998 1
CASE NO. 98-04:
SAIKI - VARIANCE
Mr. Robert Bergmark, of 747 Evergreen Knolls, was present to discuss his
request for a 5.5 foot front yard and a 1 foot side yard setback variance
which would allow an addition to the existing garage.
Chair Dwyer explained that Mr. Bergmark wishes to expand his existing
garage to accommodate a handicapped accessible side loading van with a a
lift, with a protected entrance directly into the home. Chair Dwyer stated
that Mr. Bergmark's wife, Sally Kroon, to return home following an accident
in which she suffered a broken neck.
Mr. Bergmark introduced his architect, Penny Saiki. In response to a
question from Chair Dwyer, Mr. Bergmark stated that his wife has become a
quadriplegic.
Ms. Saiki explained that the existing home has a 3 -car garage and that the
proposed addition would be to the east, expanding the 2 -car portion of the
existing garage.
In response to a question from Commissioner Lorberbaum, Mr. Bergmark
stated that the lift is needed to safely transfer his wife out of the van and
into the home.
Commissioner Tilsen inquired if they have reviewed other options which
might not encroach into the setback. Ms. Saiki stated that they have
reviewed several scenarios and that their request best suits the safety and
well being of Ms. Kroon. She stated that Ms. Kroon's environment needs to
be kept warm and that her transfer needs to be enclosed. She stated that
there needs to be enough room to manipulate the equipment which accounts
for the side yard variance request. In response to a question from
Commissioner Tilsen, Ms. Saiki stated that the emergency generator will be
gas powered. She stated that the generator is needed for Ms. Kroon's
ventilator.
Chair Dwyer stated that Mr. Bergmark has received signatures of consent
from property owners within 100 feet of his property.
PLANNING COMMISSION MINUTES - FEBRUARY 24, 1998 2
Commissioner Friel moved to recommend that the City Council approve a 5.5
foot front yard and a 1 foot side yard setback variance.
Commissioner Koll seconded the motion.
AYES: 6
NAYS: 0
HEARING:
CASE NO. 98-02:
FEHRMAN -
TEMPORARY SIGN VARIANCE
Mr. Greg Fehrman, Henry Sibley High School Varsity Baseball Coach, was
present to discuss his request for a variance to the temporary sign
regulations to allow approximately 20 temporary signs to be posted on the
baseball field fence at Sibley High School for April through July.
Mr. Fehrman stated that this is an opportunity for the City of Mendota
Heights and the School District, who have joint ownership of the Sibley
fields, to perform upgrades without straining existing budgets.
Fehrman stated that the baseball and softball facilities are of the finest in the
area and that maintaining and upgrading the facilities is a continuous need.
He explained that they would like to sell temporary signs that could generate
enough revenue to upgrade the baseball and softball facilities used by the
residents of School District 197 and the City of Mendota Heights.
He explained that they would like to post approximately twenty 4x8 feet
signs for the months of April, May, June and July. He stated that these
signs would be made of wood or metal and hand painted by a professional
graphic artist.
Fehrman stated that the signs would be placed on the west side of the
baseball field and that they would face Delaware Avenue and extend from
the dugout area down alongside the left field foul line. He stated that the
signs would be arranged by color to provide the most appealing visual to the
observer.
Commissioner Duggan arrived at 7:50 p.m.
Fehrman reviewed colored drawings with the Commission. He explained that
the revenue generated by this proposal would be used toward a number of
projects which would improve the facility greatly. He stated that they would
PLANNING COMMISSION MINUTES - FEBRUARY 24, 1998 3
like to windscreen the outfields and construct dugouts for the baseball and
softball fields. He stated that they would upgrade all of the facilities behind
the school which are used extensively by Mendota Heights residents during
the summer.
Chair Dwyer explained that a hardship needs to be presented. He further
noted his concern for establishing a precedent. He stated there are several
other schools within Mendota Heights who may wish to pursue temporary
sign requests as well. He stated that he does not want to see signs all over
the City. Mr. Fehrman stated that this request is unique in the sense that it
is jointly owned by the City and the School District. Commissioner Tilsen
stated that he is particularly concerned with setting a precedent with the City
being the example.
Commissioner Tilsen inquired about the purpose of advertising when it can
only be seen from one road. In response to a question from Commissioner
Tilsen, Mr. Fehrman stated that there will be between 2 and 3 feet open
space between the ground and the bottom of each sign. Tilsen noted his
concerns for vandalism. Fehrman explained that the area is locked and that
someone would have to jump a high chain link fence.
Commissioner Duggan stated that he is concerned with establishing a
precedent. He noted his concerns with aesthetics. He stated that the
proposed signs exceeds the zoning ordinance requirement for allowable sign
square footage.
Commissioner Lorberbaum noted her concerns with expanding the number of
signs in the future. Mr. Fehrman stated that he has no plans to expand the
signage. He further explained that there will be no blank signs hanging.
Regarding funding, Mr. Fehrman stated that the first year's expense is the
largest and that the coming years will generate a profit. In response to a
question from Commissioner Lorberbaum regarding weather exposure, Mr.
Fehrman stated that if the materials are made of metal, the signs should last
four years. Lorberbaum inquired how high the signs will be in relation to the
fence. Fehrman responded that the signs will not extend over the top of the
fence line.
Commissioner Betlej noted his concern with the variance amount and that he
is concerned with establishing precedent.
In response to a question from Commissioner Friel, Mr. Fehrman stated that
the baseball staff will allocate the funds. Friel inquired if representatives
from the School District are aware of this proposal and he wondered if the
PLANNING COMMISSION MINUTES - FEBRUARY 24, 1998 4
District allows advertising on its property. Mr. Fehrman stated that the
District's Superintendent has written a letter supporting the request. Friel
noted his concern with establishing a precedent.
Commissioner Koll stated that she is concerned with aesthetic and
establishing a precedent.
Chair Dwyer opened the meeting to the public.
There was no one present to discuss this request.
Commissioner Duggan moved to close the public hearing.
Commissioner Koll seconded the motion.
AYES: 7
NAYS: 0
Commissioner Duggan suggested that they consider advertising for, one day
only. He explained how the Parks Celebration allows its sponsors to
advertise during the Celebration. He suggested that they consider this,
especially during a special event/tournament.
Commissioner Friel moved to recommend that the City Council deny the
request for a variance because of the lack of hardship or difficulty identified
by the applicant.
Commissioner Duggan seconded the motion.
AYES: 7
NAYS: 0
HEARING:
CASE NO. 98-05:
RABANUS - VARIANCE
Mr. Richard Rabanus, owner of 2520 Arbor Court, and Mr. Roger Grothe, of
Domestic Development, were present to discuss a request for a variance to
allow a second attached garage on a proposed new home.
Mr. Rabanus stated that he currently lives on Callahan Place and that he has
been a resident for 25 years. He explained that he and wife intend to
construct their retirement home on Arbor Court. Rabanus stated that he
owns several recreational vehicles and he is an avid classic and antique car
PLANNING COMMISSION MINUTES - FEBRUARY 24, 1998 ' 5
collector. He stated that he currently owns two classic corvettes.
Mr. Grothe explained that Mr. Rabanus would like to build a 3 car attached
garage and an additional attached garage. He explained that the additional
garage would have a separate entrance on the south side of the home and
would be one story lower than the daily use garage and home entrance. He
stated that there would only be one door for the additional garage but
enough space inside for 3 or more vehicles. He stated that because of the
angles of the home, the additional garage door would not be clearly visible
from the street.
Mr. Grothe explained that when and if the new home is sold, the garage (on
the south side of the home) would become living space. He further explained
that their hardship is due to the terrain of the property.
Mr. Rabanus stated that car collection is his hobby and not a business. He
stated that he currently rents space to store his vehicles.
In response to a question from Commissioner Tilsen, Mr. Grothe explained.
that the ceiling will be concrete. He explained -that there will be plumbing
and heating in the new garage. He explained that the garage will have its
own heating system.
Tilsen inquired about hardship. Mr. Grothe explained that the contour of the
lot along with the number of trees dictates the placement of the home. He
stated that they are concerned with exposure from the street and that is why
he has designed the home to have a three -car garage stall visible from the
street and the second garage tucked under the home on the lower level.
In response to a comment from Mr. Grothe regarding the City's Ordinance
restricting only one private garage, attached or detached, is allowed for each
principal residential structure, Commissioner Tilsen stated that the purpose of
this ordinance is to prevent businesses within a residential district.
Mr. Grothe reviewed two house placement options. Grothe reviewed a plan
depicting the footprint of the house design requiring a variance. He indicated
that this plan seems to be the best suited to the site for minimal earth
disturbance and tree loss. He stated that they are trying to save as many
trees as possible. Grothe reviewed another plan depicting the footprint of
the house design, per City Code. He explained that the construction of this
PLANNING COMMISSION MINUTES - FEBRUARY 24, 1998 6
design would cause a great deal of earth disturbance and excessive loss of
trees and natural vegetation. He stated that this would create a severe
hardship to the site. He further reviewed the front elevation of this house
plan which depicts all garage space to the front of the house.
Commissioner Duggan inquired if Mr. Rabanus could install a car ramp within
the proposed 3 car garage. Mr. Rabanus pointed out that he also needs
space for storage and that his family vehicles would have to remain outside
of the garage.
In response to a question from Chair Dwyer, Mr. Rabanus stated that he did
not pursue signatures of consent because he does not know the neighbors.
Commissioner Lorberbaurn stated that she is in favor of the concept but that
practical difficulty needs to be presented. She inquired about the maximum
amount of square footage for garages. Commissioner Friel cited Section
4.18(4) of the Zoning Ordinance which indicates a minimum of 440 square
feet. Commissioner Lorberbaum cited Section 4.5(8) of the zoning ordinance
which states "in all "R" districts, the floor.of a.garage shall be at least one
and one-half feet above the street -grade at the curb unless a deviation is
granted by the Public Works Director upon determination that a lower
elevation is appropriate. Mr. Grothe confirmed that he is in compliance with
this requirement.
Commissioner Friel stated that he does not believe a variance is necessary
because the request is to allow an additional tuck under garage. He stated
that if the ordinance is interpreted as a principal residential structure as
having only one private attached or detached garage, then most homes
within Mendota Heights -would be considered nonconforming because most
homes have three car garages. He stated that he believes the ordinance
specifically regulates detached, single car garages.
In response to a question from Commissioner Koll, Mr. Grothe stated that the
living area will be 3,000 square feet, the triple car garage will be 1,000
square feet, the lower level garage/shop area will be 1,500 square feet and
approximately 1,500 square feet will be used for storage.
Chair Dwyer opened the meeting to the public.
Mr. Steve Patrick, of 2430 Arbor Court and developer of Arbor Pointe, stated
that he has no problem with the fourth car garage but that there is covenant
that Mr. Rabanus needs to comply with, in particular, that not less than 2
and no more than 3 garage stalls is required. He stated that Mr. Rabanus
PLANNING COMMISSION MINUTES - FEBRUARY 24, 1998 7
will need to submit his plans for review to the architectural control
committee. Chair Dwyer stated that the City cannot enforce the restrictive
covenants. Commissioner Duggan inquired if Mr. Patrick would rather see a
six car garage stall or a three car with a tuck under around the back of the
home. Mr. Patrick stated that he would rather have a three car with a tuck
under around the back.
Chair Dwyer moved to close the public hearing.
Commissioner Koll seconded the motion.
AYES: 7
NAYS: 0
Commissioner Friel moved to recommend that the City Council make a
determination that no variance is needed and that the building permit process
begin.
Commissioner Duggan seconded the motion.
Public Works Director Danielson stated .that the Code. Enforcement
Department would -enforce state codes related -W ceiling reenforcement.
AYES: 7
NAYS: 0
Commissioner Koll inquired about the removal of fill. Staff informed Mr.
Grothe of the mining requirements.
HEARING:
CASE NO. 98-06:
CULLEN - SUBDIVISION
Mr. Hugh Cullen, of Roseville Properties, was present to discuss his request
for a subdivision of one lot into two located at 2060 Centre Pointe
Boulevard.
Mr. Cullen explained that currently a new building is under construction on
the existing lot. This building will be 43,000 square feet. He explained that
with the creation of an additional lot, a 35,000 square foot building is
proposed.
Chair Dwyer stated that this proposal meets the ordinance requirements and
that the Planner has evaluated it under the Subdivision Ordinance, Section
1 1.3(1) Exceptions.
PLANNING COMMISSION MINUTES - FEBRUARY 24, 1998 8
Commissioner Tilsen noted his concern for green space. He inquired, with
the subdivision of this lot, if the existing lot will still meet the required ratio
for green space. Mr. Cullen stated that he is adhering to all zoning codes
and that both lots will be in full compliance with all city ordinances.
In response to a question from Commissioner Tilsen, Mr. Cullen stated that
he will not need a variance in the future. Tilsen inquired about utilities on the
property. He inquired if Mr. Cullen would dedicate a utility easement. Cullen
responded that the utilities run in the street. He further stated that he will
look into the location of the transformer on the property. Cullen stated that
if staff determines that an easement is necessary, he would be willing to
discuss this issue.
In response to a question from Commissioner Lorberbaum, Mr. Cullen stated
that the new building will be similar colors of the existing building.
Lorberbaum inquired about the pile of dirt on the property. Cullen stated that
he is aware of this dirt pile and that it is unclear, at this time, who placed the
dirt there.
Chair Dwyer opened the meeting to the public.
There was no one present to discuss this request.
Commissioner Duggan moved to close the public hearing.
Commissioner Koll seconded the motion.
AYES: 7
NAYS: 0
Commissioner Friel moved to recommend that the City Council approve the
subdivision conditioned upon that the applicant demonstrate that both lots
will have the required amount of green space.
Commissioner Koll seconded the motion.
AYES: 7
NAYS: 0
DISCUSS COMPREHENSIVE PLAN UPDATE
Planner McMonigal reviewed the following Mendota Heights Comprehensive
Plan Outline:
I. Introduction to Mendota Heights
PLANNING COMMISSION MINUTES - FEBRUARY 24, 9998 9
A. Background - location, history
B. The Future of Mendota Heights - plan summary
Community Characteristics and Background Data
A. Demographic data - population and housing statistics
B. Natural Resources - woods, wetlands, slopes, etc.
C. Economic data - tax base, economic development, etc.
D. Cultural Resources - major roads, landmarks, etc.
E. Intergovernmental Coordination - HRA, County, State,
etc.
Plan Elements
ARC
A.
Airport Policy Plan
PC
B.
Land Use Plan
PC
C.
Housing Plan
PRAC D.
Parks and Open Space Plan
CC
E.
Transportation Plan
PRAC F.
Mississippi River Crit. Area
CC
G.
Utility Plans
1. Water
2. Sewer
3. Storm Sewer
Appendix: Capital Improvements Plan
Nov-April/May - In progress
Dec -August - In progress
July-Sept/Oct
July-Sept/Oct
July-Sept/Oct
Dec-April/May
July-Sept/Oct
The Commission reviewed information regarding Community Characteristics:
1. 2020 Projections
2.. Housing Characteristics
3. Population Characteristics
4. Employment
Commissioner Duggan inquired if Planner McMonigal had checked with
Dakota County regarding projected population. He stated that he believes
the County's projection are higher than the 11,453 projection within the
report. Planner McMonigal stated she would speak with the County to
confirm the accuracy of her numbers. Duggan stated that he believes that
the County projects Mendota Heights population to be over 13,000.
Commissioner Duggan suggested that Planner McMonigal include information
on regarding affordable housing.
PLANNING COMMISSION MINUTES - FEBRUARY 24, 9998 10
Regarding Labor Participation, Commissioner Lorberbaum suggested that
Planner McMonigal identify her source of information.
Commissioner Tilsen suggested that Planner McMonigal include information
regarding age projections.
Commissioner Lorberbaum had several changes related to bullets and
paragraph style.
Chair Dwyer confirmed that this report is available for public review.
Regarding population and housing, Commissioner Betlej suggested that
Planner McMonigal consider adding other sources to her document to help
make additional projects. Planner McMonigal stated that we are at a difficult
point in the decade in that the next census is not until the year 2002.
In response to a question from Commissioner Betlej, Planner McMonigal
stated that the projections within the document were received from the Met
Council. Commissioner Betlej stated that unemployment statistics should be
included.
Commissioner Duggan suggested that Planner McMonigal review the 1979
Comp Plan projections and compare it to the current projections. McMonigal
confirmed that she would.
In response to a question from Commissioner Betlej, Planner McMonigal
stated that the age of housing stock includes multi -family statistics.
Planner McMonigal began discussing vacant land within Mendota Heights. In
particular the Resurrection Cemetery site, Garron and Acacia sites.
Planner McMonigal briefly explained the Airport Policy Plan and explained
that the Airport Relations Commission is currently studying how this plan will
be placed within the amended Comprehensive Plan.
Commissioner Friel stated that the City is required, by state statute, to adopt
the air noise guidelines because the City presently has guide lines in place.
He explained that if the City repeals its ordinance, then the City is not
required to adopt the new air noise zone guidelines.
Planner McMonigal inquired as to what land uses the Commission would like
to see on the Resurrection, Garron and Acacia sites.
PLANNING COMMISSION MINUTES - FEBRUARY 24, 1998 11
McMonigal stated that she has recently spoken with the Director of
Resurrection who informed her that they would like to kept the land use
designation as cemetery and/or single family residential. She stated that he
had indicated that the Board does not feel the property is best suited for
industrial use. She stated that the Director also informed her that the south
area of the cemetery will not be available for development.
Commissioner Friel stated that the Comprehensive Plan guides Resurrection
Cemetery land as cemetery. He stated that the Zoning Ordinance has no
zoning categories as cemetery. Friel suggested that the City amend the
Zoning Ordinance to specifically include cemeteries which then indicates that
cemeteries, single family residential and low density residential are permitted
uses. He stated that by doing this, the Comp Plan and Zoning Ordinance will
be in conformity. He stated that if this is not done, the Zoning Ordinance
still needs to be brought into conformity with the Comp. Plan.
The Commission discussed the best uses of this property. Planner
McMonigal stated that the Commission needs to keep the community's best
interest in mind.
Commissioner Friel suggested that the City could consider a lease purchasing
arrangement similar to how the city hall was funded. He stated that the City
could consider this program in purchasing land for park use only.
Commissioner Friel moved to recommend that the Resurrection site remain as
it is, cemetery, or as park land.
Commissioner Lorberbaum seconded the motion.
AYES: 7
NAYS: 0
Planner McMonigal suggested that the R-1 zoning designation remain since it
has always been considered a "holding" district. Friel stated that there is a
need to the comprehensive plan and the zoning ordinance compatible.
Planner McMonigal concurred. Friel inquired how the Met Council will react
with inconsistencies.
Regarding the Garron site, Planner McMonigal stated that the owner, John
Allen, would like to see this property remain as high density residential or
business park. She stated that the City needs to be creative with this vacant
property. Commissioner Tilsen stated that this property has unique flexibility
with no vision at this time.
Commissioner Tilsen stated that the Garron site's visibility more than
PLANNING COMMISSION MINUTES - FEBRUARY 24, 1998 12
compensates concerns related to access. Tilsen stated that with the airport
in existence, residential use on this property is not a good idea.
The Planning Commissioners all concurred that the Garron/Acacia site would
be a suitable site for small business shops and upscale multiple family homes
(i.e. condominiums). The Commission felt that this area is beautiful gateway
into Mendota Heights.
--'
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 10:35 p.m.
Respectfully submitted,
Kimberlee K. Blaeser
Senior Secretary
PLANNING COMMISSION MINUTES - FEBRUARY 24, 1998 13