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1991-03-26 Planning Comm MinutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PLANNING COMMISSION MINUTES MARCH 26, 1991 The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, March 26, 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 members were present: Dwyer, Koll, Friel and Tilsen. Commissioners Dreelan, Krebsbach and Duggan were all excused. Also present were Public Works Director Jim Danielson, Planning Consultant Tim Malloy, Administrative Assistant Kevin Batchelder and Senior Secretary Kim Blaeser. APPROVAL OF MINUTES Commissioner Koll moved approval of the February 26, 1991 Minutes with corrections. Commissioner Tilsen seconded the motion. AYES: 4 NAYS: 0 CASE NO. 91-06: KATZ - SIDE YARD CONFORMANCE VARIANCE CAO MODIFIED SITE PLAN REVIEW Mr. Paul Katz, 1855 Hunter Lane, was present to discuss his request for a side yard conformance variance and a CAO Modified Site Plan Review. Mr. Katz stated that he is planning to expand his deck and that because his home is a non-conforming structure, a side yard setback variance of eight feet (8') is required before the expansion occurs. Commissioner Koll questioned if Mr. Katz has any future plans to add to the proposed deck addition. Mr. Katz responded that he does not foresee this happening. He also explained that the materials used for the deck will be the same materials used in the existing structure. Commissioner Koll questioned if Mr. Katz's neighbors have been notified. Public Works Director Danielson stated that they have been notified. Commissioner Tilsen stated that the encroachment of the variance is on the north side of the property. He stated that it is serious to have a variance of March 26, 1991 Page 2 this magnitude granted in this area. He stated that only after every effort has been exhausted and that hardship is proven should a variance be granted. Commissioner Tilsen stated that in this case a hardship has been presented due to the existing problems with the property lines. He further stated that he would like to see the neighbors come to an agreement relating to the property lines - maybe exploring the option of a Title exchange. Commissioner Tilsen suggested that the City should explore all options before being put into the position of granting a variance based on hardships that could be corrected. Mr. Katz stated that the existing conditions are uniform within the neighborhood. He stated that he is in the process of coming into an agreement with his neighbors to the north. Commissioner Koll stated that Mr. Katz has erected a chain link fence and that the fence has encroached the property lines. She stated that an encroachment of eight inches (8") is okay but that eight feet (8') is a gross injustice. Mr. Katz responded that when the fence was erected his neighbors had no problems with respect to the installation of the chain link fence. Chair Dwyer stated that the chain link fence is not on the Planning Commission's agenda for discussion tonight. He explained that there are two issues which should be discussed. One being the planned addition and determining if it is in compliance with the CAO Review and the other is considering a variance to a non-conforming structure. Mr. Dick Frye, north neighbor to Mr. Katz, was present to discuss his questions and concerns related to Mr. Katz's request. Mr. Frye stated that he has prepared a statement. Chair Dwyer stated that he would like to see Mr. Frye only state his comments which are directly related to Mr. Katz's current CAO Review and variance request. Mr. Frye stated that it is important to note that he and the Katz's are attempting to resolve the encroachment difficulties. Mr. Frye stated that he is concerned with respect to the request for CAO Review. He stated previous projects that Mr. Katz has undertaken have resulted in CAO violations. He March 26, 1991 Page 3 explained that he has no objections relating to the conformance variance. He stated that he does object to item number 3 in the Planner's report. He stated that he objects to the retaining walls, driveway, homes and fences. Mr. Frye explained that it seems that there is an attempt to "sweep" everything under the carpet with respect to the CAO violations and making those violations okay in the City's eye. Chair Dwyer responded that the Planning Commission wants to make it clear to everyone that the City is not approving any of the possible violations. He explained that the Planning Commission is only reviewing the most recent request for a side yard variance. Mr. Frye stated that the City Council should bring these violations out in the open and address them in a straight forward manner. He stated that he does not feel that the planner's report properly related the past history of violations - which should all be considered when reviewing the most recent request. Chair Dwyer suggested that Mr. Frye should submit a statement to the City staff relating to his concerns regarding the past history of CAO violations. Mr. Frye responded that every project that Mr. Katz has submitted to the City has had a negative impact on his property. He stated that the would like to see the City clean up on the old business before starting in on the new business. Commissioner Friel clarified with Mr. Frye that he does not feel that the City has accurately reflected the historical facts relating to this site. Mr. Frye concurred. Commissioner Friel stated that the Planner's report needs more clarity and that Mr. Frye should submit his statement to the City for Council review at their next meeting. Mr. Frye stated that he has no objections to Mr. Katz's request if the construction is all done according to the proposed plans submitted to the City. Commissioner Friel moved to recommend that the City Council grant the side yard conforming variance of eight feet (8') and to waive the CAO Review in AYES: 4 NAYS: 0 March 26, 1991 Page 4 order for Mr. Katz to construct the proposed deck. Mr. Friel further invited Mr. Frye to submit a written statement to the City Council regarding the history of his neighbor's site improvements. Commissioner Koll seconded the motion. Chair Dwyer stated that Mr. Katz should not, and cannot "bootstrap" himself into making this recommendation a better legal position. He stated that the Planning Commission's recommendation is based only on the conformance variance. He asked Mr. Katz if he understood the Planning Commission's recommendation. Mr. Katz responded that he absolutely understands their recommendation. Commissioner Tilsen stated that these types of requests will continue to happen many times into the future and that he recommends that the City research different ways of handling these types of requests instead of resorting to a variance request. CASE NO. 91-07: U.S. WEST - CUP FOR ESSENTIAL SERVICE'S BUILDING ON CITY PROPERTY Mr. Jaymes Littlejohn, attorney representing U.S. West NewVector Group, Inc., was present to discuss their request for a Conditional Use Permit to install cellular phone antennas on the stem of the City's water tower. Mr. Littlejohn explained that the Cities of Burnsville and Eagan have recently installed similar antennas on their City water towers. Commissioner Friel questioned if there is any interference with electronics, televisions, radios, etc. Mr. Littlejohn explained that the frequencies are very low and that there have been no reports of any instances of interference with radio, televisions, etc. Commissioner Friel questioned if they have had any problems with cellular phones. Mr. Hellerman, project engineer, stated that they have 220 cells and that they have not received any complaints. He further explained that the power that is generated by the system is comparable to March 26, 1991 Page 5 that of a 100 watt light bulb. He stated that the power is not significant enough to interfere with electronic items. Commissioner Koll questioned if there is any safety problem with respect to wind and the antenna. Mr. Littlejohn answered that the antenna is mounted on the stem and that it does not protrude above the water tower. He explained that the antenna is setup according to all regulations as designated by the building code. Mr. Littlejohn explained that the antenna element is brass with a fiberglass cover which makes it very strong. He explained that it would be painted to match the water tower and that it will be unobtrusive. He stated that lightning could be the main course of failure. He explained that the cables are coaxial cables similar to cable television cables and that they will be inside the water tower. Commissioner Koll questioned if the house on Lexington Avenue has been notified of this public hearing. Public Works Director Danielson stated that they had been notified. She questioned if there would be any landscaping for screening purposes. Mr. Littlejohn stated that the landscaping will be installed according to the landscape plan. Chair Dwyer questioned if there will be a rental agreement. Mr. Littlejohn stated that they are currently in the process of negotiating a lease agreement. He stated that the agreement would be consistent with other rental agreements on other water towers. Commissioner Tilsen questioned if there was a competitor in the cellular phone business, would they be able to be on the water tower. He wondered if they have a right to be on the water tower also. Mr. Helierman responded there are technical reasons as to why another cellular company would not be located on the water tower. He stated that they would prefer not to have another company on the tower as it would be difficult to operate more efficiently. He stated that the systems are all designed differently. Commissioner Tilsen questioned why such a substantial service structure has been proposed. Mr. Littlejohn stated that the whole system is AYES: 4 NAYS: 0 AYES: 4 NAYS: 0 VERBAL REVIEW ADJOURN March 26, 1991 Page 6 enclosed. He stated that the building must be air conditioned due to the equipment. He explained that there is an emergency standby generator and backup air conditioner. Chair Dwyer then opened the meeting to the public. There was no one present to discuss this issue. Commissioner Tilsen moved to close the public hearing. Commissioner Friel seconded the motion. Commissioner Koll moved to recommend that the City Council grant a Conditional Use Permit to allow an essential service structure within the Industrial Zone. Commissioner Friel seconded the motion. A brief discussion ensued over houses that have been built to the wetlands setback and have proposed decks that will encroach and require wetlands permits to be granted by the City. The areas of particular concern are in Copperfield and Bridgeview Shores Additions. Public Works Director Danielson stated that he would research the concern and report back to the Planning Commission at their April meeting. Public Works Director Danielson provided a verbal review for the planning items at the previous City Council meeting. There being no further business, the Planning Commission adjourned its meeting at 8:30 o'clock P.M. Respectfully submitted, Kimberlee K. Blaeser Senior Secretary