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1991-06-25 Planning Comm MinutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PLANNING COMMISSION MINUTES JUNE 25, 1991 The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, June 25, 1991, in the City Hall Council Chambers, 1101 Victoria Curve. Chairperson Dwyer called the meeting to order at 7:32 o'clock P.M. The following Commission members were present: Koll, Friel, Dreelan, Dwyer, Krebsbach, Duggan and Tilsen. Also present were Public Works Director Jim Danielson, Planning Consultant John Uban, Administrative Assistant Kevin Batchelder and Senior Secretary Kim Blaeser. APPROVAL OF MINUTES Commission Tilsen moved approval of the May 28, 1991, Minutes with corrections. Commissioner Dreelan seconded the motion. AYES: 5 NAYS: 0 ABSTAIN: Koll, Friel CASE NO. 91-17: OWENS - LOT SPLIT Dr. Frederick Owens, Jr., of 2455 Delaware Avenue, was present to discuss his request for a lot split. Dr. Owens explained that he owns a forty acre parcel and that Mr. Jim Riley has a Purchase Agreement with him to purchase 37.5 acres of the property. Dr. Owens stated that he would be left with 2.5 acre homesite. He explained that he has held this parcel for many years pending the City's approval of any southeast area development. He stated that he can no longer continue paying the taxes and assessments on this land. In response to a question from Chair Dwyer, Dr. Owens stated that no closing date has been set. Chair Dwyer stated that there is on-going litigation involving this property. Dr. Owens stated that he is fully aware of the on-going litigation. He stated that he has been working on trying to sell his property for twelve years. He stated that paying the taxes and assessments on this land has become a burden and that he is merely asking for permission to ease that burden by selling his land. Dr. Owens stated that he could sell all forty acres without any City approvals, but he wanted to retain his homesite. June 25, 1991 Page 2 The Commission briefly discussed the "Exceptions" clause to the Subdivision Ordinance (Section 11.3(2). They discussed their interpretation of the Subdivision Ordinance which does not necessarily allow for dividing Dr. Owen's property without platting because the remaining homestead parcel would be less than five acres. Commissioner Krebsbach questioned how Dr. Owens arrived at retaining only 2.5 acres. Dr. Owens stated that they selected that amount because Sunfish Lake residents are limited to a minimum of 2.5 acres of land and they felt that retaining 2.5 acres would help to satisfy any concerns the Sunfish Lake residents could have. Chair Dwyer stated that Dr. Owens has received signatures of consent from his contiguous neighbors. He further stated that Mr. Riley has also signed a consent notice agreeing to assume all the assessments for the property on the parcel he is acquiring. Commissioner Duggan moved to recommend that the City Council grant the proposed lot division. Commissioner Koll seconded the motion. There was a brief discussion regarding the platting of land within Mendota Heights. Commissioner Tilsen offered a Friendly Amendment stating that the approval of the lot split is subject to the condition that Dr. Owens agree to have his 2.5 acre homesite included in the plat when the contiguous land is developed. Commissioner Friel and Chair Dwyer both questioned whether the recommendation for a lot split actually meets the requirements of the Subdivision Ordinance. Commissioner Duggan accepted Commissioner Tilsen's friendly amendment. Commissioner Duggan further amended his motion by adding that the City Council grant a 2.5 acre variance to Section 11.3(2) of the Subdivision Ordinance and to grant the requested lot division as proposed. AYES: 4 NAYS: 3, FRIEL, DWYER, KREBSBACH CASE NO. 91-19: SEYMOUR - VARIANCE June 25, 1991 Page 3 Mr. Larry Seymour, of 1080 Bwana Court, was present to discuss his request for a five foot (5') side yard setback variance to allow him to enclose a portion of his existing deck with a screen porch. He explained that the existing deck is located on the south side of his home. He stated that he proposes to enclose a portion of the deck with a 12' x 14' screened porch. He stated that • roof would be the same as what is on the existing home. In response to a question from Chair Dwyer, Mr. Seymour stated that at this time, he has no plans to make this porch a four season porch. Commissioner Tilsen commented that Mr. Seymour's lot has an unusual configuration. Mr. Seymour stated that he has received signatures of consent from his adjoining neighbors and that his wife has spoken to the Kahnke's and they have stated that they do not have a problem with their proposal. Commissioner Koll stated that she would like to see more shrubs installed along the portion of the addition where the neighbors adjoin. Mr. Seymour stated that there is enough room to do so. Commissioner Koll moved to recommend that the City Council approve a five foot (5') side yard variance to allow construction of a screened porch. Commissioner Dreelan seconded the motion. AYES: 7 NAYS: 0 CASE NO. 91-20: HELLER (SUBWAY SANDWICHES) - VARIANCE Mr. Curt Heller, owner of Subway Sandwiches located at 750 Highway 110, was present to discuss his request for a temporary sign variance. He stated that he is unable to have a road sign indicating where his establishment is. He stated that he would like to hang a banner, suspended off of the ground, which extends out from the building approximately 8 to 10 feet. Commissioner Koll questioned whether the view from inside the restaurant would be obscured. Mr. Heller responded that if he is able to get the variance, the height of the banner will not interfere with any possible view from within the restaurant. June 25, 1991 Page 4 Mr. Heller explained that he has been working with Mr. Edward Paster, owner of the Mendota Mall, to install a sign. He stated that there is presently a sign indicating the Mendota Mall off of Highway 110. He stated that due to an error in sale by the previous owner of the Mall, the sign is on McDonald's property and they will not allow him to place the Subway name, or any other restaurant, on the sign. Mr. Heller explained that the Subway Corporation runs summer and winter promotions. He stated that banners are sent out indicating the type of sandwich special. He stated that these particular banners would be the ones he would use to advertise where his Subway Restaurant is. Chair Dwyer stated that there is already a sign located on the actual building indicating that Subway is there. Mr. Heller responded that it is very hard to see that sign from Dodd Road and Highway 110. He stated that he had originally installed the banner sign indicating the special sandwich promotion not knowing that a permit was required. He stated that numerous customers stated that they were not aware that Subway was in the Mendota Mall. Commissioner Friel questioned how long Mr. Heller proposes to have the temporary sign and where he is in the process of negotiating a permanent sign with the owner of the mall. Mr. Heller stated that he has been working with the owner for sometime and that he does not see any signs to be installed in the near future. Commissioner Duggan stated that in interest of saving the mall, it would be nice to help the applicant in recommending approval of the temporary sign variance. Commissioner Duggan moved to recommend that the City Council grant the requested variances. Commissioner Tilsen seconded the motion. In response to a question from Commissioner Krebsbach, Mr. Heller stated that he would like approval of the temporary sign for however long it takes to get a permanent sign installed. Commissioner Krebsbach offered a Friendly Amendment stating that the time span of the temporary sign variance will be for 2 three month periods but not to allow an open ended variance to continue indefinitely. Chair Dwyer stated that his concerns are that the other vendors within the mall will now request temporary signs. June 25, 1991 Page 5 He stated that that would be too much clutter. Mr. Heller stated that he did receive signatures of consent from the vendors within the mall along with Mr. Paster's signature. Commissioner Duggan accepted the Friendly Amendment. AYES: 3 NAYS: 4 KOLL, FRIEL, DREELAN, DWYER Commissioner Koll moved to recommend that the City Council grant the requested variances for a total of 18 months, with the applicant reapplying after each 3 month period, with subsequent variance fees being waived. Commissioner Duggan seconded the motion. Commissioner Duggan withdrew his second after discussion of the 18 month time limit. Commissioner Dreelan moved to recommend that the City Council grant a variance to the duration of the temporary sign of three months, allowing it to be up for 6 months, a size variance of five (5) square feet allowing the proposed thirty (30) square foot sign and a variance allowing a banner sign. Commissioner Dreelan further moved that the applicant, if so desired, reappear after a period of three (3) months if he desires to continue use of the banner signs after the six (6) month period. She further moved that the $100.00 variance fee be waived for any subsequent variance requests for banner signs. Commissioner Duggan seconded the motion. AYES: 4 NAYS: 3 KOLL, FRIEL, DWYER CASE NO. 91-21: CHARLES CUDD COMPANY - WETLANDS PERMIT Mr. John Erickson, Charles Cudd Company, was present to discuss their request for a Wetlands Permit to allow construction of a single family home to be located at 1875 Warrior Drive within Warrior Ponds. He stated that the reason for the Wetlands Permit request is that there is an existing sanitary sewer easement running through the center of the lot which places the construction pad toward the rear of the lot. Commissioner Tilsen questioned if the grade of the lot would be changed. Mr. Erickson stated that the existing AYES: 7 NAYS: 0 AYES: 6 NAYS: June 25, 1991 Page 6 grade should remain. Commissioner Tilsen stated that he had visited the site and noticed that there had been a bit of wash out on the northerly line and that the vegetation has been ruined. He further stated that the retaining wall located on the neighbors lot has started to let loose. Commissioner Krebsbach questioned whether this home was custom designed for the lot or homeowner. Mr. Erickson responded that it was custom designed for the homeowner. Commissioner Krebsbach stated that more of an effort should be made to construct a home that better conforms to the lot. Commissioner Koll moved to waive the public hearing. Commissioner Dreelan seconded the motion. Commissioner Koll moved to recommend that the City Council grant the requested Wetlands Permit allowing construction of the proposed home to within eighty-four feet (84') of the shoreline with the condition that a silt fence be maintained until ground cover is established . Commissioner Dreelan seconded the motion. 1, KREBSBACH CASE NO. NYGAARD WETLANDS 91-22: PERMIT Mr. John Nygaard, of 766 Marie Avenue, was present to discuss his request for a Wetlands Permit to allow construction of an addition to his existing deck. Commissioner Tilsen stated that he had visited the site. He stated that the original placement of the home was further back than the original housing pad indicated on the plat. He stated that there is a home for sale next to the Nygaard's home. He stated that he had left a message with the buyers of the home to contact him, or appear at the Council meeting if they had any concerns, and that they had not contacted him. Commissioner Duggan questioned if a Wetlands Permit was initially issued at the time the home was constructed. Mr. Nygaard stated that there was no Wetlands Permit June 25, 1991 Page 7 issued at the time of the initial construction of the home. He stated that the contractor who will be constructing the new addition is the same contractor who built his home and was stunned when he was told that a Wetlands Permit would be required before he could get the building permit. Commissioner Koll moved to waive the public hearing. Commissioner Dreelan seconded the motion. AYES: 7 NAYS: 0 Commissioner Koll moved to recommend that the City Council grant the requested Wetlands Permit to allow the construction of the deck addition to within forty-eight feet (48') of Spring Creek. Commissioner Dreelan seconded the motion. AYES: 7 NAYS: 0 HEARING: CASE NO. 91-18: DIVINE - MINOR CONDITIONAL USE PERMIT Ms. Dianna Divine, of 1391 Cherry Hill Road, was present to discuss her request for a minor conditional use permit to allow construction of a forty-eight inch (48") high fence enclosing her rear yard. Chair Dwyer stated that Ms. Divine's lot is a corner lot and that because the fence will encroach upon a side yard abutting a street, a public hearing for her request is required. Ms. Divine explained that the proposed fence is a black vinyl clad chain link fence that will be within four feet (4') of the property line along Wachtler Avenue. She explained that she has had problems with dogs entering her back yard. She stated that she hopes the fence will keep the dogs out of her yard. She further stated that she has two small children and that the fence would help protect them from the dogs. Commissioner Koll questioned if the Evergreen Tree would be saved. Ms. Divine stated that the Evergreen would become a part of the fence. AYES: 7 NAYS: 0 AYES: 7 NAYS: 0 June 25, 1991 Page 8 Commissioner Tilsen stated that he had visited the site and that he has concerns with parents relying on fences to monitor their children. He further stated that he supports any ideas with respect to landscaping the area. Ms. Divine stated that landscaping will be done to help minimize the visibility of the fence. Chair Dwyer then opened the meeting to the public. There was no one present to discuss this issue. Commissioner Duggan moved to close the public hearing. Commissioner Tilsen seconded the motion. Commissioner Friel moved to recommend that the City Council grant a minor conditional use permit to allow construction of a forty-eight inch (48") vinyl black clad chain link fence. Commissioner Koll seconded the motion. Chair Dwyer called a recess at 9:00 o'clock P.M. Chair Dwyer reconvened the meeting at 9:09 o'clock P.M. HEARING: ZONING ORDINANCE RECODIFICATION Administrative Assistant Batchelder gave a brief history regarding City Council suggestions relating to the Zoning Ordinance Recodification. He stated that a public hearing is required at both the Planning Commission and City Council levels. He stated that the Planning Commission should review the changes and make any recommendations to the City Council. The following corrections were made: Page 1, Section 2 - Intent and Purpose Add - -- protecting the public health, safety, morals, comfort, convenience and general welfare of the community June 25, 1991 Page 9 Page 11, Section 3.2(77) Mining Add - -- by the City Council to the end of Section 3.2(77). Page 26 - Section 4.13 - Mining Delete - -- The extraction of sand, gravel, or other material from the land in the amount of four hundred (400) cubic yards or more and removal thereof from the site, except grading and/or excavation in connection with an approved development or building plan for which permits have been issued. This definition appears on Page 11, Section 3.2(77). Page 30 - Section 4.17(3)a #2 Delete - -- Professionally designed pre-cast concrete units if the surface have been integrally treated with an applied decorative block if incorporated in a building design which is compatible with other development throughout the district may also be used. Page 30 - Section 4.17(3)e Add - -- Design and maintenance of off-street parking and loading areas shall be in accordance with Section 21 of this Ordinance. Page 36 - Section 5.3(3) Add - -- The Planning Commission, as the Zoning Board of Appeals Page 122 - Section 22.16(1) Delete - -- The Council shall issue a certificate certifying the completion of each phase of the Planned Unit June 25, 1991 Page 10 Development, and the Clerk of the Planning Commission Should read: City Council Page 123 - Section 22.16(3)a Change - - - Any minor extensions, alterations, or modifications of existing buildings or structures may be authorized by the Council if they are consistent with the purposes and intent of the final plan. No change authorized by this section may increase the cube Should read: cubic feet Page 48 - Section 5.9(4)d #5 - Delete The character and approximate density of dwelling units Page 57 - Section 10.4(3) Add - - - 10 feet or 1/2 the height of the structure contiguous to the side yard, which ever is greater There was a brief discussion regarding Minor Conditional Use Permits. Administrative Assistant Batchelder explained that Minor Conditional Use Permits under the new Zoning Ordinance, would be eliminated and that the variance procedure would be followed instead. The Commission briefly discussed Comprehensive Plan Amendments. Chair Dwyer indicated that it would be helpful to establish a guideline policy with respect to Comprehensive Plan Amendments. Commissioner Friel moved to recommend that the City Council delete Section 13 - Planned Unit Development District - and that the appropriate reconciliation be made to Section 22 - Planned Unit Development - to coincide with the deletion of Section 13. Commissioner Friel stated that Section 13 creates an inflexibility in facilitating developments within a planned unit development. He stated that this Section is restrictive and unnecessary. June 25, 1991 Page 11 Commissioner Duggan seconded the motion. AYES: 6 NAYS: 1, KOLL Commissioner Friel moved to recommend that no portion of any Wetlands, to the average high water marking as indicated on the Wetlands map, be included for purposes of calculating land density. Commissioner Duggan seconded the motion. AYES: 6 NAYS: 1, KOLL Commissioner Friel moved to recommend that changes be made to Sections 5.5(1) and 22.2 as detailed in the June 24, 1991, memorandum submitted by the City Clerk. Please refer to the attached memorandum. Commissioner Duggan seconded the motion. AYES: 7 NAYS: 0 Commissioner Friel moved to recommend that Section 20.14 - Lighting Standards - be revised to establish performance standards. Commissioner Tilsen seconded the motion. AYES: 7 NAYS: 0 Commissioner Tilsen briefly discussed the possibility of including (within the Zoning Ordinance) Comprehensive Traffic Management. He stated that traffic management should be considered during the planned unit development process. He stated that traffic management should be considered especially in the industrial area of the City. He stated that ride shares, park and rides, etc. should all be given attention in preserving the integrity of land. He stated that the land use in the industrial area should be used more efficiently with respect to the amount of land parking space takes up. Commissioner Tilsen moved to recommend that the City Council include Comprehensive Traffic Management within the Zoning Ordinance. Chair Dwyer seconded the motion. AYES: 7 NAYS: 0 June 25, 1991 Page 12 Chair Dwyer then opened the meeting to the public. There was no one present to discuss this issue. Commissioner Krebsbach moved to close the public hearing. Commissioner Duggan seconded the motion. AYES: 7 NAYS: 0 Commissioner Friel moved that the Zoning Ordinance Recodification document be transmitted to the City Council with a recommendation that it be approved and a recommendation that the City Council consider and incorporate the Planning Commission's recommended changes. Commissioner Duggan seconded the motion. AYES: 7 NAYS: 0 VERBAL REVIEW Public Works Director Danielson provided a verbal review for the planning items at the previous City Council meeting. ADJOURNMENT There being no further business, the Planning Commission adjourned its meeting at 11:25 o'clock P.M. Respectfully submitted, Kimberlee K. Blaeser Senior Secretary