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1991-01-22 Planning Comm MinutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PLANNING COMMISSION MINUTES JANUARY 22, 1991 The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, January 22, 1991, in the City Hall Council Chambers, 1101 Victoria Curve. Chairperson Morson called the meeting to order at 7:32 o'clock P.M. The following members were present: Morson, Koll Dwyer, Dreelan, Krebsbach, Duggan and Tilsen. 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 Krebsbach moved approval of the November 27, 1990 Minutes with corrections. Commissioner Dreelan seconded the motion. AYES: 7 NAYS: 0 Commissioner Duggan moved approval of the January 3, 1991, Minutes. Commissioner Dwyer seconded the motion. AYES: 7 NAYS: 0 CASE NO. 91-03: MOSSMAN (T. BELVIDERE'S) - TEMPORARY SIGN VARIANCE Ms. Bonnie Mossman, owner of T. Belvidere's, 2150 Dodd Road, was present to discuss her request for a variance to install a temporary sign. It was noted by staff that T. Belvidere's is an existing non- conforming structure that encroaches upon the front yard setback and that Ms. Mossman is also requesting a setback variance along with a sign area variance. Chairperson Morson questioned if the lack of parking could impair the visibility of the sign. Ms. Mossman stated that it could but that they rarely have more than two or three vehicles in the lot at one time. Commissioner Duggan questioned if the junker cars in front of the building were Ms. Mossman's. Ms. Mossman answered that they are not and that she has AYES: 7 NAYS: 0 January 22 , 1991 Page 2 tried to have them removed, by the owners, several times. Ms. Mossman stated that it is her intention to possibly install a "v-shaped" sign on the structure sometime in the spring. She explained that the sign she is requesting to install will be lit internally, will have an arrow pointing towards the structure and that it will be like the temporary sign that the Mendota Heights Fire Department uses to advertise their City events. Commissioner Dwyer questioned if Ms. Mossman has looked further into getting a smaller square foot sign than what she is requesting. Ms. Mossman stated that the seven foot sign is the most common size and that she has not looked into getting a smaller size. She stated that she had no problem with researching the matter further. Commissioner Duggan moved to recommend that the City Council grant a twenty-five foot (25') front yard setback variance and a seven (7) square foot sign area variance for a temporary sign to be erected for three months at 2150. Dodd Road. Commissioner Dreelan seconded the motion. Commissioner Duggan suggested that Ms. Mossman attempt to find a rental sign that did not exceed twenty-five (25) square feet in order to avoid the size variance. CASE NO. 91-04: PENTEL - VARIANCE Mr. John Bellows, attorney representing Ms. Sylvia Pentel of 556 Fremont Avenue, was present to discuss Ms. Pentel's request for a thirty-seven foot (37') height variance to allow the construction of a sixty-eight foot (68') high ham radio antenna. Chairperson Morson acknowledged that the Planning Commission received a letter dated January 21, 1991, from Mr. Bellows as an add on item to the agenda at tonight's meeting. Administrative Assistant Batchelder stated that the City did receive the letter and its attachment that afternoon and that it was a twenty (20) page January 22 , 1991 Page 3 document, therefore City staff forwarded only the letter to Planning Commission as an add on item. Mr. Bellows explained that Ms. Pentel has an interest in amateur radio and that she is involved in the National Disaster Medical System which is a voluntary organization that is intended to assist in emergency preparedness. He stated that the National Disaster Communications provides communication in coordinating facilities in the use of hospital beds in the event of a national emergency, i.e., the Gulf Crisis. He stated that this is a type of community service that everyone would like to see occur. He stated that this type of communication is all voluntary and that it is done through amateur radio. He stated that this type of communication is authorized through the FCC. Mr. Bellows cited some instances where the amateur radio communications were helpful (hurricane Gilbert and the San Francisco earthquake). Mr. Bellows explained that the tower is retractable, that it would nest at 29.2 feet and extended fully would be 68'. He stated that the tower would have two antennas on the top (v antennas). He stated that the tower would be erected in full compliance of all engineering standards. He explained that there has been some concerns with the tower if there was a strong wind storm. He explained that the tower is rated to hold 16 square feet in an 80 mph wind. Mr. Bellows explained that the existing antennas are referred to as whip antennas. He stated that these antennas are below the trees and that the communication is limited. He explained that the type of antenna that Ms. Pentel is requesting is a directional antenna. He stated that by raising an antenna to a certain level you increase your reliability and effectiveness in communicating. He explained that to receive this type of high frequency the antenna needs to be 60 to 70 feet. He stated that what Ms. Pentel is requesting 62 feet. Mr. Bellows explained that Ms. Pentel's communications will be from coast to coast and that she needs to have a reasonable reliable and effective antenna and to achieve that, she needs to have this particular height. Mr. Bellows stated that no one has stated to Ms. January 22, 1991 Page 4 Pentel that they object to this request. He stated that there were 14 people that Ms. Pentel had to get signatures of consent from. He stated that Ms. Pentel obtained 9 signatures. He noted that the City Zoning Ordinance under Variances does not require an applicant to obtain approval from neighbors. He stated that this request was an attempt to keep the neighbors happy and that Ms. Pentel was willing to abide by the request. He stated that the way the antenna is proposed was an attempt to make the tower unobtrusive and cooperative as possible and still permit reliable communications on a continuous basis. Mr. Bellows explained that Ms. Pentel is engaging in a lawful and beneficial licensed activity. He stated that this type of request is not unique within the City. He stated that an antenna was approved by the Council at 975 Delaware Avenue in 1987. Mr. Bellows further passed pictures of Ms. Pentel's home showing where the antenna will be placed. Mr. Bellows stated that he does not know of any studies where radio antennas decrease property valuations within the neighborhood it stands. Mr. Bellows stated that the City Planner raised a concern of the tower falling. He stated that that is rare and that a tower does not fall from the base of the tower. He further stated that in bad weather, the tower can be lowered. Mr. Bellows stated the FCC has issued a ruling of limited preemption that affects the authority of local boards and councils which deal with zoning issues called PRB-1. Mr. Bellows stated that he would be happy to provide the City's Attorney with this information. He stated that a number of courts have ruled on this issue and that he is willing to provide all of the citations to the City Attorney. He stated that in each of these instances the courts have struck down the local ordinance or they have upheld the local ordinances. Commissioner Tilsen stated that he understands the nature of the situation. He questioned if there can be alternatives to having a tower of this height. Mr. Bellows stated that there are no alternatives as the height of the tower is what achieves the most effective communication that Ms. Pentel needs. Commissioner Tilsen questioned if a January 22, 1991 Page 5 cage could be placed around the tower to prevent children from climbing the tower. He further questioned if additional insurance is needed for a tower of this height. Mr. Bellows responded that a cage can be installed and Ms. Pentel stated that she has an ample amount of coverage - $300,000. Commissioner Tilsen stated that he would like to see the soils and foundation to be inspected by the City before the tower is erected. He further questioned whether the City's Ordinances should be amended to consider radio antennas as a Conditional Use. Commissioner Duggan questioned if it is really necessary to have the antenna as high as 68'. Mr. Bellows stated that for the type of high frequency that Ms. Pentel needs to achieve she needs to have the height of 68'. Commissioner Duggan questioned what the other two existing antennas are for. Ms. Pentel stated that each antenna is for an additional type of communication. Commissioner Duggan stated that the petition submitted is not the original petition and wondered where the original one is. He stated that he talked to several residents who signed the petition who all stated to him that they thought the tower would be a 25' tower. Commissioner Duggan stated that Page 1 of the Petition is missing. He further questioned if the people who signed the petition really understood what Ms. Pentel is proposing. Commissioner Krebsbach stated that the Planning Commission is also concerned with aesthetic impacts on neighborhoods and that the Commission has had a strict enforcement of variances. She stated that she admires Ms. Pentel for developing such an interest. She questioned if this really has to be done in Ms. Pentel's backyard. Mr. Bellows stated that it is Ms. Pentel's right. Chairperson Morson questioned how many hours a day Ms. Pentel spends using the radio. Ms. Pentel stated that she spends several hours a day at the radio. Commissioner Dreelan stated that she would not like such a high tower in her backyard. AYES: 7 NAYS: 0 January 22 , 1991 Page 6 In response to a question from Commissioner Dwyer, Ms. Pentel stated that she has lived at her home for 16 1/2 years. Commissioner Koll stated that her concerns are centered around the neighborhood, the aesthetic impact and the potential inconvenience of radio interference with televisions, etc. She pointed out Section 5.5 on Variances within the Zoning Ordinance. Ms. Joanne Koerschen, 562 Fremont, stated that she is concerned that there will be interference on televisions and radios and that she strongly objects to Ms. Pentel erecting this tower. Ms. Plummer, 605 Garden Lane, stated that she is opposed to the request. She stated that she is concerned that her property valuation will be damaged due to the tower. She further stated that there are seven people in the audience tonight who are all opposed to this request. Mrs. Kennedy, neighbor, stated that her husband did not see a blueprint of the request. She wondered why the tower would still need to be standing after the national crisis is over. Mr. Thoele, neighbor, stated that the height request is horrendous. He stated that he too is concerned with interference to televisions and radios. Commissioner Koll moved to recommend to the City Council that they deny the request for a height variance based upon City Zoning Ordinance No. 401, Section 5.5(1-4). Commissioner Duggan seconded the motion. Commissioner Tilsen recommended that the City consider amending the Zoning Ordinance to better address antennas. Planner Malloy stated that the City could consider placing a moratorium on towers until the language within the ordinance has been revised. January 22, 1991 Page 7 HEARING: CASE NO. 91-02 - UNITED PROPERTIES - SOLVAY PHASE II - PUD AMENDMENT Mr. Dale Glowa, representing United Properties, was present to discuss their request for a PUD Amendment to allow Solvay Animal Health, Inc. to construct a 30,000 square foot pharmaceutical laboratory. He explained that the function of this building will be to provide space for analytical studies and making vaccinations. He stated that there is no risk to the environment. He stated that the product will be distributed worldwide with the primary focus of vaccinations for poultry and swine. Mr. Glowa stated that they expect about fifty people to be within the building. He explained that United Properties will work with the City to provide on site storm water detention. Mr. Glowa explained that the design of the building will be exactly like the first phase of Solvay. The material will be brick and that there will be extensive glass used. He explained that the parking lot will be lighted. Mr. Glowa explained that United Properties is currently negotiating with Solvay in possibly amending the plat to allow further expansion possibilities should Solvay decide to do so in the future. Chairperson Morson stated that United Properties has had an excellent track record with the City of Mendota Heights. Chairperson Morson opened the meeting to the public. There was no one present to discuss this issue. Commissioner Duggan moved to close the public hearing. Commissioner Dreelan seconded the motion. AYES: 7 NAYS: 0 January 22 , 1991 Page 8 Commissioner Duggan moved to recommend to the City Council that they approve an Amendment to the CUP for PUD to allow Phase II of Solvay Animal Health, Inc. according to the plans dated January 9, 1991 with the provision to allow for altering the lot size to provide for an additional 12,000 square foot future building expansion. Commissioner Koll seconded the motion. AYES: 7 NAYS: 0 CONTINUED HEARING CASE NO. 90-39: RICHARD A. PUTNAM AND ASSOCIATES MINOR COMPREHENSIVE PLAN AMENDMENT Chairperson Morson briefly explained that this particular case had been continued from the November, 1990 Planning Commission meeting. He further explained that Mr. Richard Putnam of R.A. Putnam and Associates informed the Planning Commission, by letter, that he would not be able to attend the Planning Commission meeting this evening and that he has requested that the Planning Commission proceed on with his request tonight. As directed by Chairperson Morson Planning, Consultant Tim Malloy gave a brief land use history relating to the property in which Mr. Putnam is requesting a Minor Comprehensive Plan Amendment. Planner Malloy stated his firm had provided the City with two concepts in 1985 for this parcel, one showing the corner as neighborhood business and the other showing it as HR-PUD. Planner Malloy stated that at that time, the Planning Commission had recommended neighborhood business but the City Council had decided on HR-PUD. Mr. Malloy stated his firm had recommended neighborhood business as an appropriate use for this site and that they still feel it is the appropriate land designation. Commissioner Tilsen stated that he has concerns for the residents who live across from the proposed center. Commissioner Duggan stated that he has several questions relating to the traffic study which was prepared by Anderson Engineering. He stated that if the City were to limit the development of this center too much, the City may have a development January 22 , 1991 Page 9 that will end up unoccupied like the development similar to the Mendota Plaza. Commissioner Duggan stated that Mendota Heights is a bedroom community and that he felt the traffic study indicated very low numbers of traffic within the area. Planner Malloy stated that he had several questions with respect to the traffic study. Planner Malloy stated that he has questions regarding the City of Eagan Study relating to the traffic impact at 1-494 and Dodd Road, traffic relating to the Northwest Airlines development in Eagan and traffic impact to the neighborhood relating to Mendota Heights Road. Commissioner Duggan stated that he would like to see a center of some kind at this particular corner but that his main concern is relating to the traffic. Commissioner Duggan stated that excessive conditions will cause the center to fail. Commissioner Dwyer expressed his concerns regarding the traffic impact this center may cause especially as the southern portion of Mendota Heights is developed. He further stated that the findings that PDQ needs outside traffic is contradictory with Mr. Putnam's original statement relating to the amount of traffic PDQ generates. He further expressed his concerns that this center may have a direct impact on the center at Dodd Road and Highway 110. Commissioner Koll questioned if the Planning Commission really has enough information relating to traffic. She questioned who would pay for intersection signage and what the alternatives would be should this request be denied. Planner Malloy stated that this strip of land would be best suited for commercial use and not residential use. Commissioner Duggan requested that staff provide him with the market study submitted for the Duffy proposal and Lexington Avenue and Highway 110. Chairperson Morson opened the meeting to the public. There was no one present to discuss this request. Commissioner Dwyer moved to close the public hearing. AYES: 7 NAYS: 0 January 22, 1991 Page 10 Commissioner Dreelan seconded the motion. Commissioner Dreelan moved to recommend that the City Council deny the request for a minor comprehensive plan amendment based on the information received at this time. Commissioner Duggan seconded the motion. AYES: 4 NAYS: 3, KOLL, MORSON, TILSEN HEARING: CASE NO. 90-44: STRUB - SUBDIVISION Mr. John Curran, Centrum Coordinators, Inc., representing Mr. William Strub, Jr., was present to discuss Mr. Strub's request for a subdivision. Mr. Curran briefly explained that he is the developer of the building adjacent to 880 Sibley Memorial Highway. He explained that the City Council requested that the extra land needed by his company be replatted rather than using an easement process. Chairperson Morson stated that in order for the Planning Commission to make a recommendation to the City Council they need to have an accurate survey with a proper legal description. Commissioner Krebsbach moved to continue the hearing to February 26, 1991 at 7:45 o'clock P.M. to review an accurate survey and legal description for the requested subdivision. Commissioner Dreelan seconded the motion. AYES: 7 NAYS: 0 HEARING: CASE NO. 91-01: ST. PAUL TURNER'S GYMNASTIC ASSOCIATION - MINOR COMPREHENSIVE PLAN AMENDMENT AND REZONING Mr. Larry Page, Sirny Architects, was present to briefly describe St. Paul Turner's Gymnastic January 22, 1991 Page 11 Society's request for a Minor Comprehensive Plan Amendment and Rezoning in order to construct a gymnastics facility. He explained that there are two hardships related to this case. He stated that the County has given them limited access and that there will be a need for a shared driveway. He further explained the land is currently zoned as B- 1A which requires a minimum of five (5) acres per parcel of land. He stated that Turner's owns 2 1/2 acres of land and that is why they are requesting a rezoning of this land. Chairperson Morson stated that he is concerned with conflicting legal descriptions. He stated that he would like to see a new survey with the appropriate legal descriptions. In response to a question from Commissioner Dwyer, Mr. Cliff Eichinger, of Turner's Gymnastics, stated that they would like to start construction in mid spring. Commissioner Dreelan stated that she would be more comfortable having this area zoned as "B" instead of "I" since the land abuts residential (R-3) land. Commissioner Tilsen agreed with Commissioner Dreelan. Chairperson Morson opened the meeting to the public. There was no one present to discuss this issue. Commissioner Tilsen moved to recommend that the City Council grant a minor comprehensive plan amendment. Commissioner Dwyer seconded the motion. AYES: 6 NAYS: 1, DUGGAN Commissioner Tilsen moved to continue the public hearing regarding the rezoning of the property to the February 26, 1991 at 8:00 o'clock P.M. Planning Commission meeting. Commissioner Duggan seconded the motion. AYES: 7 NAYS: 0 VERBAL REVIEW ADJOURN January 22, 1991 Page 12 Public Works Director Jim 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 11:00 o'clock P.M. Respectfully submitted, Kimberlee K. Blaeser Senior Secretary