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2015-08-25 Planning Comm Agenda PacketCITY OF MENDOTA HEIGHTS PLANNING COMMISSION AGENDA iiAugust 25, 2015 — 7:00 p.m. Mendota Heights City Hall 1. Call to Order 2. Roll Call 3. Adopt Agenda 4. Approve July 28, 2015 Planning Commission Minutes 5. Public Hearings: a. Case No. 2015-26: Robert Alvarez. Variance at 1176 Ivy Hill Drive. b. Case No. 2015-31: Joe Juliette. Critical Area Permit at 1920 Glenhill Road. c. Case No. 2015-32: HD Supply Construction and Industrial White Cap. Conditional Use Permit and Variances at 1400 Commerce Drive. d. Case No. 2015-34: City of Mendota Heights. Proposed City Code amendment concerning alternative energy systems. e. Case No. 2015-14: City of Mendota Heights. Proposed City Code amendment concerning trade schools. 6. Schedule Redevelopment Plan Workshop 7. Verbal Review 8. Staff and Commission Announcements 9. Adjourn Auxiliary aids for persons with disabilities are available upon request at least 120 hours in advance. If a notice of less than 120 hours is received, the City of Mendota Heights will make every attempt to provide the aids, however, this may not be possible on short notice. Please contact City Hall at 651.452.1850 with requests. 8/25/15 Planning Commission Meeting - Page 1 1 CITY OF MENDOTA HEIGHTS 2 DAKOTA COUNTY, MINNESOTA 3 4 PLANNING COMMISSON MINUTES 5 July 29, 2015 6 7 The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, July 29, 8 2015 in the Council Chambers at City Hall, 1101 Victoria Curve at 7:00 P.M. 9 10 The following Commissioners were present: Chair Litton Field, Jr., Commissioners Howard 11 Roston, Michael Noonan, Doug Hennes, Christine Costello and Ansis Viksnins. Those absent: 12 Mary Magnuson. Others present were City Planner Nolan Wall and Public Works Director/City 13 Engineer John Mazzitello. 14 15 Approval of Agenda 16 17 The agenda was approved as submitted. 18 19 Approval of June 23, 2015 Minutes 20 21 COMMISSIONER NOONAN MOVED, SECONDED BY COMMISSIONER ROSTON TO 22 APPROVE THE MINUTES OF THE JUNE 23, 2015 PLANNING COMMISSION MINUTES, 23 AS PRESENTED. 24 25 AYES: 6 26 NAYS: 0 27 ABSENT: 1 28 29 Approval of June 23, 2015 Board of Zoning Appeals Minutes 30 31 COMMISSIONER COSTELLO MOVED, SECONDED BY COMMISSIONER HENNES TO 32 APPROVE THE MINUTES OF THE JUNE 23, 2015 BOARD OF ZONING APPEALS 33 MEETING, AS PRESENTED. 34 35 AYES: 6 36 NAYS: 0 37 ABSENT: 1 38 39 Hearings 40 41 PLANNING CASE #2015-27 42 AMEK Custom Builders, Inc., 2185 Glen Toro Road 43 Wetlands Permit 44 July 28, 2015 Mendota Heights Planning Commission Meeting —DRAFT Page 1 8/25/15 Planning Commission Meeting - Page 2 45 City Planner Nolan Wall explained that the applicant was seeking a Wetlands Permit for vegetation 46 removal and construction on the subject parcel. The proposed construction activities are within 47 100 feet of a wetland and do not meet the requirements for administrative approval. 48 49 The subject parcel is 48,630 square feet, zoned R-1, and guided for rural residential development 50 in the Comprehensive Plan. The property is currently undeveloped and the applicant has been 51 contracted to construct a new single family dwelling on the property. 52 53 Planner Wall shared an image of a site plan that was included as part of the Planned Unit 54 Development approval in 1998. At that time the City approved the PUD agreement, Preliminary 55 Plat, and Development Agreement for the Glen Toro 2nd Addition development. That development 56 consists of nine lots of which five have been developed. The original approval and subsequent 57 amendments did not address the incorporation of the City -issued wetlands permits. Staff identified 58 this wetlands permit issue upon the applicant's submission of a building permit and subsequent 59 review of the previously -approved project files. 60 61 Due to the location of the building pads, the majority of the construction activities would take 62 place outside of the 100 -foot buffer area. As part of the PUD, the setbacks were approved to be 63 flexible based on the lot layouts and proposed structures. As a result of the proposed building pad 64 being located outside of the 100 -foot buffer area, the applicant and architect did request 65 commencement of certain construction activities without having obtained the appropriate wetlands 66 permit. Staff brought that request forward to the City Council for consideration at a special meeting 67 held on July 15, 2015. The Council did authorize staff to issue the building permit for the proposed 68 dwelling on the subject parcel upon completion of the plan review by the Building Official. 69 70 Planner Wall reiterated that this request is limited to those proposed activities that would occur 71 within the 100 -foot buffer area, which only includes vegetation removal and construction and 72 grading of a portion of the driveway. According to the applicant, no mature trees will be removed; 73 only brush and overgrowth. 74 75 Mr. Matt Schmidt, a representative of AMEK Custom Builders, Inc. came forward but had nothing 76 to add to the staff report. 77 78 Chair Field opened the public hearing. 79 80 Seeing no one coming forward wishing to speak, Chair Field asked for a motion to close the public 81 hearing. 82 83 COMMISSIONER VIKSNINS MOVED, SECONDED BY COMMISSIONER COSTELLO, TO 84 CLOSE THE PUBLIC HEARING. 85 86 AYES: 6 87 NAYS: 0 88 ABSENT: 1 89 July 28, 2015 Mendota Heights Planning Commission Meeting —DRAFT Page 2 8/25/15 Planning Commission Meeting - Page 3 90 COMMISSIONER VIKSNINS MOVED, SECONDED BY COMMISSIONER HENNES, TO 91 RECOMMEND APPROVAL OF PLANNING CASE 2015-27 BASED ON THE FINDINGS OF 92 FACT THAT THE PROPOSED SCOPE OF THE PROJECT WITHIN THE BUFFER AREA 93 WILL NOT HAVE ANY NEGATIVE IMPACTS ON THE WETLAND AND WITH THE 94 FOLLOWING CONDITIONS: 95 1. A certificate of occupancy for the new single-family dwelling on the subject parcel is 96 withheld until the wetlands permit is approved by the City Council. 97 2. All grading and construction activity will be in compliance with applicable federal, state, 98 and local regulations and codes, as well as in compliance with the City's Land Disturbance 99 Guidance Document. 100 101 AYES: 6 102 NAYS: 0 103 ABSENT: 1 104 105 Chair Field advised the City Council would consider this application at its August 4, 2015 meeting. 106 107 PLANNING CASE #2015-24 108 Southview Design, 1680 Mayfield Heights Road 109 Critical Area Permit and Variance Request 110 111 City Planner Nolan Wall explained that the applicant was requesting a Critical Area Permit and 112 Variance Request to construct a retaining wall on the subject parcel. The subject parcel is 1.42 113 acres, zoned R-1, and guided for low-density residential development on the Comprehensive Plan. 114 115 Planner Wall reminded the Commission of Planning Case 2015-01, where the Council did approve 116 a Critical Area Permit, Conditional Use Permit, Wetlands Permit, and Variance Requests for 117 demolition of the existing structures and construction of a new single-family dwelling on the 118 subject parcel. That site is currently under construction. 119 120 Preliminary construction plans included in the previous application did not include the proposed 121 driveway turnaround area and retaining wall. Therefore, a Critical Area Permit for the construction 122 and a Variance for the height of the retaining wall are required. 123 124 Planner Wall shared an image of the property and the proposed items. He then explained how the 125 proposed construction was in compliance with City standards. Engineering staff have reviewed the 126 proposed retaining wall and found the plans to be reasonable given the constraints of the site. 127 128 He then stated the requirements for issuing a Variance Request and how this application meets 129 said requirements. 130 131 Commissioners asked questions regarding the different heights of the proposed retaining wall, why 132 this was not included in the original application, the length of the driveway, and the need for a wall 133 if the driveway turnaround were adjusted. 134 July 28, 2015 Mendota Heights Planning Commission Meeting —DRAFT Page 3 8/25/15 Planning Commission Meeting - Page 4 135 Ms. Jacqueline Chase, owner, Mr. Tim Johnson of Southview Design, and Mr. Scott Santanni of 136 Santanni Custom Homes Inc. came forward to address the questions posed by the Commission. 137 Extensive discussion occurred regarding the placement of the driveway turnaround area and the 138 height of the retaining wall. 139 140 Chair Field opened the public hearing. 141 142 Seeing no one coming forward wishing to speak, Chair Field asked for a motion to close the public 143 hearing. 144 145 COMMISSIONER ROSTON MOVED, SECONDED BY COMMISSIONER VIKSNINS, TO 146 CLOSE THE PUBLIC HEARING. 147 148 AYES: 6 149 NAYS: 0 150 ABSENT: 1 151 152 COMMISSIONER HENNES MOVED, SECONDED BY COMMISSIONER NOONAN, TO 153 RECOMMEND APPROVAL OF PLANNING CASE 2015-24 BASED ON THE FOLLOWING 154 FINDINGS OF FACT: 155 1. The proposed retaining wall structure is a reasonable use of the property and meets the 156 general purpose and intent of the Code, including the driveway expansion setback and 157 retaining wall materials, and is consistent with the Comprehensive Plan. 158 2. The proposed turn-around/driveway expansion and associated retaining wall will allow for 159 safer and more convenient vehicle movements, eliminating the need to back down the 160 driveway. 161 3. The existing slopes on the subject parcel and the Critical Area Overlay District's retaining 162 wall height standard cause a practical difficulty in constructing the proposed project to the 163 height required to structurally -support the proposed turn-around/driveway expansion. 164 4. The proposed construction activities will not remove any additional vegetation and the 165 proposed design will not direct headlights into the adjacent dwelling to the north; the 166 character of the neighborhood will not be altered. 167 AND WITH THE CONDITION that the applicant obtains a building permit 168 169 Commissioner Roston expressed that he had concerns and was not prepared to recommend 170 approval. He would like to know what alternatives were considered and what can be done to avoid 171 needing a variance; such as going the other direction, moving it further down the driveway, or 172 recognizing that the neighborhood does not always have turnarounds. He recommended tabling 173 the application and that the applicant work with staff to demonstrate why the other approaches do 174 not work. 175 176 Commissioner Viksnins echoed Commissioner Roston's concerns. 177 178 AYES: 2 (NOONAN, FIELD) 179 NAYS: 4 (ROSTON, HENNES, COSTELLO, VIKSNINS) 180 ABSENT: 1 July 28, 2015 Mendota Heights Planning Commission Meeting —DRAFT Page 4 8/25/15 Planning Commission Meeting - Page 5 181 The motion failed. 182 183 COMMISSIONER ROSTON MOVED, SECONDED BY COMMISSIONER VIKSNINS, TO 184 RECOMMEND DENIAL OF PLANNING CASE 2015-24 BASED UPON: 185 1. The failure of the applicant to establish that there are practical difficulties in complying 186 with the ordinance due to circumstances that are unique to the property that were no created 187 by the applicant. 188 2. Further it appears that the reasons given were for aesthetic purposes, which are not grounds 189 for granting a variance. 190 3. The applicant has not demonstrated that there are not other options available. 191 192 Commissioners asked if rather than denying the request if it could be tabled to allow the applicant 193 the opportunity to work with staff to address some of the concerns that have been raised. Planner 194 Wall noted that the 60 -day rule would expire September 8, 2015 so this could be laid over until 195 the August Planning Commission Meeting. 196 197 It was noted that if the application were denied then the applicant would not be able to reapply for 198 six months. Based on this fact Commissioner Viksnins withdrew his second of the motion. 199 Commissioner Roston then withdrew his motion. 200 201 Commissioner Costello expressed her desire to see this item tabled. 202 203 COMMISSIONER ROSTON MOVED, SECONDED BY COMMISSIONER VIKSNINS TO 204 TABLE PLANNING CASE 2015-24 UNTIL THE AUGUST 25, 2015 PLANNING 205 COMMISSION MEETING. 206 207 AYES: 6 208 NAYS: 0 209 ABSENT: 1 210 211 PLANNING CASE #2015-25 212 Mendakota Country Club, 2075 Mendakota Drive 213 Variance Requests 214 215 City Planner Nolan Wall explained that the applicant was seeking to construct an accessory 216 structure that requires several variances. The subject parcel is Mendakota Country Club, is 217 approximately 145 acres, containing clubhouse and golf course use. The property is zoned R-1 and 218 guided as a golf course in the Comprehensive Plan. The applicant intends to construct a 2.5 -story, 219 4,942 -square foot accessory structure on the southwest side of the clubhouse to allow for additional 220 storage space. 221 222 The accessory structure is proposed to have three levels, a basement drive-in level with an 223 overhead garage door, a main level, and an attic storage space. The proposed accessory structure 224 does meet the applicable setback standards; however, it exceeds the height, number, area, and size 225 standards for the R-1 district. July 28, 2015 Mendota Heights Planning Commission Meeting —DRAFT Page 5 8/25/15 Planning Commission Meeting - Page 6 226 Planner Wall then explained the requirements for a variance request and how this situation meets 227 those requirements. Staff recommended approval. 228 229 Mr. Bob McKinney, Mendakota Country Club Golf Course Superintendent came forward and 230 noted that the country club needs additional storage space. The fire marshal has warned them a 231 number of times to get their hallways and doorways cleared of items that should be in storage. 232 233 Commissioners asked questions regarding the accessory structure elevation. 234 235 Chair Field opened the public hearing. 236 237 Seeing no one coming forward wishing to speak, Chair Field asked for a motion to close the public 238 hearing. 239 240 COMMISSIONER NOONAN MOVED, SECONDED BY COMMISSIONER COSTELLO, TO 241 CLOSE THE PUBLIC HEARING. 242 243 AYES: 6 244 NAYS: 0 245 ABSENT: 1 246 247 COMMISSIONER ROSTON MOVED, SECONDED BY COMMISSIONER NOONAN, TO 248 RECOMMEND APPROVAL OF PLANNING CASE 2015-25 BASED ON THE FOLLOWING 249 FINDINGS OF FACT: 250 1. The property's use as a country club/golf course is reasonable and multiple accessory 251 structures are required for storage of equipment and materials. 252 2. The Code's accessory structure standards for residential districts cause a practical difficulty 253 for a country club/golf course due to the size and nature of the use. 254 3. The proposed accessory structure meets the applicable setback standards. 255 4. The property already contains numerous accessory structures exceeding the Code 256 requirements and is screened by perimeter vegetation from surrounding roads and uses. 257 5. The proposed accessory structure will be constructed of similar materials and colors to 258 match the clubhouse building and will not negatively impact the character of the 259 neighborhood. 260 6. The property is already more than 100 acres in an R-1 district [added by Commissioner 261 Roston] 262 AND WITH THE FOLLOWING CONDITIONS: 263 1. The applicant obtains a building permit. 264 2. The storage pods are removed after construction of the proposed accessory structure is 265 completed. 266 3. All grading and construction activity will be in compliance with applicable federal, state, 267 and local regulations and codes, as well as in compliance with the City's Land Disturbance 268 Guidance Document. 269 270 AYES: 6 271 NAYS: 0 July 28, 2015 Mendota Heights Planning Commission Meeting —DRAFT Page 6 8/25/15 Planning Commission Meeting - Page 7 272 ABSENT: 1 273 274 Chair Field advised the City Council would consider this application at its August 4, 2015 meeting. 275 276 PLANNING CASE #2015-26 277 Robert Alvarez, 1176 Ivy Hill Drive 278 Variance Request 279 280 City Planner Nolan Wall explained that the applicant was seeking to construct a deck and requires 281 a variance from the R-1 district's rear -yard setback standards. The subject parcel is approximately 282 21,000 square feet and contains an existing single-family dwelling. The applicant intends to 283 construct a deck wrapping around the west and northwest corners. As proposed, a portion of the 284 deck within the rear yard would require a variance. The existing dwelling was constructed in 2006. 285 Between 2004 and 2005 the Planning Commission and City Council did discuss a number of 286 different planning applications regarding potential building pads in the subject parcel and a series 287 of planning applications including various requests. Ultimately no variances were granted and the 288 existing dwelling was issued a building permit for construction in its current location. 289 290 The R-1 district's rear -yard setback standard is 30 feet or 20% of the average lot depth whichever 291 is greater. In this case, due to the orientation of the existing dwelling which fronts Ivy Hill Drive, 292 the required rear -yard setback is 30 feet. Attached decks are considered to be part of the principal 293 structure; therefore, the same setback standards apply. As proposed, the deck would encroach nine 294 feet into the required 30 -foot rear yard setback area. 295 296 Commissioners asked questions regarding the length of the nine -foot encroachment. 297 298 Based on the scope of the proposed project, staff recommended denial of the nine -foot variance 299 request as they feel it does not meet the requirements for approval of a variance. Staff feels that 300 there are other design options that would allow for a reasonable use of the property, which would 301 reduce the encroachment or no variance at all. 302 303 Staff provided at least three other options to the Planning Commission, which were reviewed by 304 Planner Wall: 305 306 A. Consider a three-foot variance to allow construction of a landing/walkway from the patio 307 door to the portion of the proposed deck extending into the side yard. 308 309 This option allows access to the compliant portion of the proposed deck in the side yard 310 from inside the house and decreases the excessive encroachment being requested in this 311 case. According to the building code, three feet is the minimum width of a landing required 312 for a walkway. In this scenario, staff would further recommend the three-foot 313 encroachment extend no further than three feet from the northwest corner of the existing 314 dwelling. 315 316 B. Consider a three-foot variance to allow construction of a landing/steps to the existing patio 317 door and eliminate the portion of the proposed deck encroaching into the rear yard. July 28, 2015 Mendota Heights Planning Commission Meeting —DRAFT Page 7 8/25/15 Planning Commission Meeting - Page 8 318 This option addresses the safety concern raised by the applicant regarding access to the 319 existing patio door. A compliant landing at least three long and steps could be constructed 320 to provide safe access to the rear yard from the existing dwelling. However, it would not 321 provide access from the dwelling to the compliant portion of the proposed deck extending 322 into the side yard. 323 324 C. Eliminate the portion of the proposed deck encroaching into the rear yard and construct 325 steps to access the compliant portion from the side yard. 326 327 This option does not require a variance and, in staff's opinion, still allows for reasonable 328 use of the property by providing access to the compliant portion of the deck extending into 329 the side yard. As with Option B, it would not provide access from the dwelling to the 330 portion of the proposed deck extending into the side yard or address the potential safety 331 issue. 332 333 Mr. Robert Alvarez came forward to address the Commission. Discussion occurred regarding the 334 options that staff brought forward. Mr. Alvarez indicated he would be supportive of Option A, as 335 proposed by staff, but would like to increase the proposed 3 -foot encroach to 4 feet. 336 337 Chair Field opened the public hearing. 338 339 COMMISSIONER VIKSNINS MOVED, SECONDED BY COMMISSIONER ROSTON, TO 340 TABLE PLANNING CASE 2015-26 TO THE AUGUST 25, 2015 PLANNING COMMISSION 341 MEETING. 342 343 AYES: 6 344 NAYS: 0 345 ABSENT: 1 346 347 PLANNING CASE #2015-28 348 City of Mendota Heights 349 Proposed City Code Amendment Concerning Video/Electronic Display Scoreboards 350 351 City Planner Nolan Wall explained that the City of Mendota Heights was considering amendments 352 to Title 12, Chapter 1, Article E of the City Code concerning video/electronic display scoreboards. 353 354 Representatives from St. Thomas Academy appeared before the City Council on July 7, 2015 to 355 discuss their plans for a new scoreboard for the main athletic field and track on campus. As a result 356 of that discussion staff was directed to bring forward a code amendment to establish standards for 357 that proposed use to be considered as a scoreboard and not a sign. 358 359 In April 2014, the Council adopted Ordinance 460 allowing electronic display signs for 360 institutional use in residential zoning districts. While scoreboards were intentionally excluded 361 from the definition, video/electronic display components encompassing an entire scoreboard were 362 not discussed as part of that code amendment process. As proposed, video/electronic display July 28, 2015 Mendota Heights Planning Commission Meeting —DRAFT Page 8 8/25/15 Planning Commission Meeting - Page 9 363 scoreboard would be considered a permitted accessory use for an institutional use in the residential 364 district. Therefore, no additional approval would be necessary as long as the conditions are met. 365 366 Commissioners asked questions regarding the location of the proposed scoreboard. 367 368 Staff provided a copy of the proposed ordinance, shared examples of ordinances from other cities, 369 and discussed the conditions to be included. 370 371 Commissioners asked additional questions about how this came before the City Council, what 372 actions were being requested of the Commission, if "scoreboard" is a defined term, advertising on 373 the scoreboard during events, and the conditions. 374 375 Mr. Paul Solmon, Director of Facilities for St. Thomas came forward to address the Commission. 376 377 Chair Field opened the public hearing. 378 379 Seeing no one coming forward wishing to speak, Chair Field asked for a motion to close the public 380 hearing. 381 382 COMMISSIONER HENNES MOVED, SECONDED BY COMMISSIONER COSTELLO, TO 383 CLOSE THE PUBLIC HEARING. 384 385 AYES: 6 386 NAYS: 0 387 ABSENT: 1 388 389 COMMISSIONER HENNES MOVED, SECONDED BY COMMISSIONER COSTELLO, TO 390 RECOMMEND ADOPTION OF ORDINANCE NO. 483 AN ORDINANCE AMENDING 391 TITLE 12, CHAPTER 1, ARTICLE OF THE CITY CODE OF THE CITY OF MENDOTA 392 HEIGHTS, MINNESOTA, DAKOTA COUNTY, CONCERNING VIDEO DISPLAY 393 SCOREBOARDS FOR INSTITUTIONAL USES 394 with the following suggestions: 395 1. The removal of the first sentence under Item 7 that reads "Advertising of products, events, 396 persons, institutions, activities, businesses, services or subjects not related to the event 397 taking place on the premises or sponsored by the permitted institutional use are prohibited" 398 but keeping the remainder that reads "Organizations sponsoring the scoreboard may 399 include identifying information within the area allowed for the scoreboard in a combined 400 amount not to exceed thirty (30%) percent of the total scoreboard area." 401 2. That a definition of "scoreboard" be further evaluated to determine if it is necessary. 402 3. That staff reach out to the school district, Henry Sibley, and any other potential 403 stakeholders asking for their input and participation before the City Council meeting. 404 405 AYES: 6 406 NAYS: 0 407 ABSENT: 1 408 July 28, 2015 Mendota Heights Planning Commission Meeting —DRAFT Page 9 8/25/15 Planning Commission Meeting - Page 10 409 Chair Field advised the City Council would consider this application at its August 4, 2015 meeting. 410 411 PLANNING CASE #2015-29 412 City of Mendota Heights 413 Proposed City Code Amendment Concerning Interim Uses 414 415 City Planner Nolan Wall explained that the City of Mendota Heights was considering amendments 416 to Title 12, Chapter 1, Article G of the City Code concerning interim uses in the Industrial District. 417 In 2014, the City Council began exploring potential sites for an off -leash dog area in the City. It 418 was determined that a combination of vacant, adjoining city -owned property in the Industrial 419 District would be the best option. Council then directed staff to amend the City Code to allow 420 interim uses, which was adopted by Ordinance 479 as in Planning Case 2015-22 by the City 421 Council. Staff was also directed to establish an off -leash dog area as an interim use in the Industrial 422 District, which is what was proposed in this case. This interim use designation would provide for 423 a temporary facility while the City undergoes the upcoming redevelopment and comprehensive 424 planning processes. 425 426 Planner Wall then shared a copy of the draft ordinance, which contained ten conditions. 427 428 Commissioners had discussions regarding how the City acquired the land, development 429 opportunities for the land, and limiting the use to properties owned by the City of Mendota Heights. 430 431 Chair Field opened the public hearing. 432 433 Seeing no one coming forward wishing to speak, Chair Field asked for a motion to close the public 434 hearing. 435 436 COMMISSIONER NOONAN MOVED, SECONDED BY COMMISSIONER ROSTON, TO 437 CLOSE THE PUBLIC HEARING. 438 439 AYES: 6 440 NAYS: 0 441 ABSENT: 1 442 443 COMMISSIONER NOONAN MOVED, SECONDED BY COMMISSIONER ROSTON, TO 444 RECOMMEND APPROVAL OF DRAFT ORDINANCE NO. 484 AN ORDINANCE 445 AMENDING TITLE 12, CHAPTER 1, ARTICLE G OF THE CITY CODE OF THE CITY OF 446 MENDOTA HEIGHTS, MINNESOTA, DAKOTA COUNTY, CONCERNING OFF -LEASH 447 DOG AREAS. 448 With amendment to Section 1A to read "The minimum parcel size shall be five (5) acres, which 449 may include a combination of adjoining lots under control by the City." 450 451 AYES: 6 452 NAYS: 0 453 ABSENT: 1 454 July 28, 2015 Mendota Heights Planning Commission Meeting —DRAFT Page 10 8/25/15 Planning Commission Meeting - Page 11 455 Chair Field advised the City Council would consider this application at its August 4, 2015 meeting. 456 457 PLANNING CASE #2015-30 458 City of Mendota Heights, Unaddressed City -owned Property 459 Interim Use Permit 460 461 City Planner Nolan Wall explained that the City of Mendota Heights is requesting an Interim Use 462 Permit to establish a temporary off -leash dog area on vacant city -owned property in the Industrial 463 District. This property is approximately 13 acres in size and is located south of Acacia Boulevard 464 and east of Pilot Knob Road. The newly adopted Title 12-1L-6-1 of the City Code includes 465 standards for consideration of an interim use and staff feels the proposed use is compliant with 466 those standards, including the amendment to section 1A. The City Council will review the permit 467 requirements and discuss other operational issues as this moves forward. If approved it is intended 468 to be open this year. 469 470 Commissioners had discussions regarding fencing and parking. 471 472 Chair Field opened the public hearing. 473 474 Ms Kimberly Franson, 2170 Pilot Knob Road, noted that she lives adjacent to the proposed dog 475 park. She has been meeting with staff and expressed concerns dealing with the issue of an interim 476 use permit for a dog park. Those concerns are: 477 1. If a dog park were to be put into the field it should be as least intrusive in the area as 478 possible; a fence would be too intrusive on the wildlife; she would have no problem with 479 a dog straying into her yard — monies set aside for fencing should be used for improvements 480 to the dog park; she would fight the installation of a fence. 481 2. She would recommend lighting be installed and added to the ordinance for safety issues 482 and liability. 483 3. It would be very important to have water available in the park — water playground. 484 4. Property value if the dog park is not done well. 485 5. On -street parking on Acacia Boulevard would be all right; she would also be fine with 486 parking on Pilot Knob Road in front of her home; she does not want parking restricted on 487 Pilot Knob Road. 488 489 Ms. Franson was encouraged to attend the City Council meeting and express her concerns about 490 fencing during the Draft Ordinance 484 portion of the meeting. Planner Wall stated that Ms. 491 Franson's concerns would be included in the Council packet for review before and during the 492 discussion on Draft Ordinance 484. 493 494 Chair Field asked for a motion to close the public hearing. 495 496 COMMISSIONER VIKSNINS MOVED, SECONDED BY COMMISSIONER COSTELLO, TO 497 CLOSE THE PUBLIC HEARING. 498 499 AYES: 6 500 NAYS: 0 July 28, 2015 Mendota Heights Planning Commission Meeting —DRAFT Page 11 8/25/15 Planning Commission Meeting - Page 12 501 ABSENT: 1 502 503 Commissioners discussed the time sensitivity of this request, the fence issue, and the findings of 504 fact. 505 506 COMMISSIONER VIKSNINS MOVED, SECONDED BY COMMISSIONER NOONAN, TO 507 RECOMMEND APPROVAL OF PLANNING CASE 2015-30 BASED ON THE FINDINGS OF 508 FACT THAT THE PROPOSED PROJECT COMPLIES WITH THE POLICIES AND 509 STANDARDS OF THE CITY CODE AND IS CONSISTENT WITH THE COMPREHENSIVE 510 PLAN 511 AND WITH THE FOLLOWING CONDITIONS: 512 1. The interim use shall be terminated by December 31, 2020 or upon the properties being 513 sold by the City, whichever comes first, but may be renewed as provided for by the City 514 Code. 515 2. The interim use permit is periodically reviewed to ensure compliance with the applicable 516 codes and policies and, if necessary, amended accordingly. 517 3. A fence permit is obtained. 518 519 AYES: 6 520 NAYS: 0 521 ABSENT: 1 522 523 Chair Field advised the City Council would consider this application at its August 4, 2015 meeting. 524 525 Verbal Review 526 527 Planner Wall gave the following verbal review: 528 529 PLANNING CASE #2015-19 530 Eileen O'Shaughnessy and Art Perlman, 731 Woodridge Drive 531 Critical Area Permit 532 • Approved by the City Council as recommended by the Planning Commission. 533 534 PLANNING CASE #2015-20 535 Dick Bjorklund, 2511 & 2525 Condon Court 536 Preliminary Plat 537 • Approved by the City Council as recommended by the Planning Commission. 538 539 PLANNING CASE #2015-21 540 St. Thomas Academy, 949 Mendota Heights Road 541 Variance Request 542 • Approved by the City Council as recommended by the Planning Commission. 543 544 PLANNING CASE #2015-22 545 City of Mendota Heights 546 City Code Amendments Concerning Conditional and Interim Uses July 28, 2015 Mendota Heights Planning Commission Meeting —DRAFT Page 12 8/25/15 Planning Commission Meeting - Page 13 547 • Approved by the City Council as recommended by the Planning Commission. 548 549 PLANNING CASE 2015-23 550 Sean Doyle and John Karas, 650 North Freeway Road 551 Lot Split and Variance Request 552 • Approved by the City Council as recommended by the Planning Commission. 553 554 PLANNING CASE #2015-18 555 STEP Academy, 1345 Mendota Heights Road 556 Appeal from Zoning Determination 557 • Approved by the City Council as recommended by the Board of Zoning Appeals to deny 558 the appeal. 559 • Planner Wall included a copy of a court action regarding the matter which was in favor of 560 the City. 561 562 Announcements 563 564 • Night to Unite is scheduled for Tuesday, August 4, 2015. 565 • The next City Council Meeting will start at 8:00 p.m. on Tuesday, August 4, 2015 in 566 observance of Night to Unite. 567 • Next Planning Commission Meeting is scheduled for Tuesday, August 25, 2015. 568 • On July 15, 2015, early in the morning, it was reported to the City Engineering department 569 of water coming out of sanitary sewer manhole on Decorah Lane. When the jet hose was 570 turned on Decorah Lane collapsed into a sinkhole. With tremendous cooperation of the 571 City of West St. Paul's Utility Department, a sewer bypass pump installed was installed, 572 the hole excavated, and the pipe replaced in a day. It took a few days to get the hole filled 573 and pavement installed; but from identifying the break to reopening Decorah was less than 574 six days. 575 • Memorials recognizing the one-year anniversary of Officer Scott Patrick's death are on 576 Thursday, July 30, 2015. Additional information can be found on the City's website. 577 578 Adjournment 579 580 COMMISSIONER HENNES MOVED, SECONDED BY COMMISSIONER ROSTON, TO 581 ADJOURN THE MEETING AT 9:34 P.M. 582 583 AYES: 6 584 NAYS: 0 585 ABSENT: 1 586 July 28, 2015 Mendota Heights Planning Commission Meeting —DRAFT Page 13 CITY OF !2J MENDDTA HEIGHTS DATE: TO: FROM: SUBJECT: APPLICANT: PROPERTY ADDRESS: ZONING/GUIDED: ACTION DEADLINE: 8/25/15 Planning Commission Meeting - Page 14 1101 Victoria Curve 1 Mendota Heights, MN 55118 651.452.1850 phone 1 651.452.8940 fax www.mendota-hoghts.com August 25, 2015 Planning Commission Nolan Wall, AICP Planner Planning Case 2015-26 Variance Request for Deck Robert Alvarez 1176 Ivy Hill Drive R-1 One Family Residential/LR Low Density Residential November 4, 2015 (extended to 120 days) DESCRIPTION OF THE REQUEST The applicant is seeking to construct a deck onto an existing single-family dwelling and requires a variance from the rear yard setback requirements for a portion of the structure in the R-1 Zoning District. BACKGROUND The original request in this case was for a nine -foot variance, which was tabled by the Planning Commission at the July 28 meeting with the public hearing remaining open. Based on the previous staff report and Commission discussion, the applicant has since amended the initial variance request to include a reduced rear yard setback encroachment. The original staff report is attached for additional background and analysis. ANALYSIS As proposed in the amended variance request (see attached Site Plan), the applicant is proposing to construct a 3.5 -foot -wide walkway/landing to access the rear yard and the compliant portion of the proposed deck in the side yard; therefore reducing the previously -proposed rear yard setback encroachment by over five feet. When considering the variance request for the proposed walkway/landing, the City is required to find that: 1. The request is in harmony with the general purposes and intent of the ordinance and comprehensive plan and the applicant proposes to use the property in a reasonable manner. The applicant's desire to construct a deck onto the existing single-family residential dwelling is a reasonable use of the property and consistent with the Comprehensive Plan. The existing dwelling has an above -grade patio door intended to provide access to the rear yard, which, due to the existing condition, is a safety issue that should be addressed. The portion of the proposed walkway/landing within the required setback is intended only to access the compliant portion of the deck in the side yard and rear yard via steps. As a result of the reduced encroachment and limited use of the walkway/landing within the required setback, the intent of the Code's rear yard setback standard is met. 8/25/15 Planning Commission Meeting - Page 15 2. The applicant establishes there are practical difficulties with complying with the ordinance due to circumstances that are unique to the property which are not created by the applicant or based on economic considerations. The subject parcel is a long narrow lot and the frontage on Ivy Hill Road resulted in construction of the existing dwelling at the maximum front and rear yard setbacks. Therefore, a practical difficulty is demonstrated in order to construct a walkway/landing within the required rear yard setback to access a compliant deck structure from within the dwelling and address an existing safety issue. As proposed, the amended variance request allows for the least impactful option to address the unique circumstances in this case while meeting the applicant's needs. As discussed in the previous staff report, the installation of an above -grade patio door without appropriate access to the rear yard is a circumstance created by the applicant, and the resulting safety issue could potentially be addressed by only proposing a rear yard setback variance to construct a compliant landing and steps. However, it would not provide access from the dwelling to the compliant portion of the proposed deck extending into the side yard. 3. The request will not alter the essential character of the neighborhood. The proposed walkway/landing encroaching into the required rear yard setback abuts the side yard of the adjacent property to the north at 1167 Dodd Road. As proposed, the 3.5 -foot -wide walkway/landing is intended only to provide access to the rear yard and side yard deck and will not negatively impact the neighboring property due to the proposed reduced encroachment and limited use capabilities. ALTERNATIVES 1. Recommend approval of the amended variance request to allow construction of a 3.5 -foot -wide walkway/landing from the patio door to access the rear yard and compliant portion of the proposed deck extending into the side yard, based on the attached findings of fact, with conditions. OR 2. Recommend denial of the original variance request for construction of the proposed deck and the amended variance request for construction of the proposed walkway/landing within the required rear yard setback, based on the attached findings of fact. OR 3. Table the request. STAFF RECOMMENDATION Based on the amended variance request, staff recommends approval of the 3.5 -foot rear yard setback variance as proposed by the applicant in this case, based on the attached findings of fact, with the following conditions (Alternative #1): 1. The proposed encroachment would extend no further than 3.5 feet from the northeast corner of the existing dwelling to provide access to the compliant portion of the proposed deck in the side yard. 2. The applicant obtains a building permit. MATERIALS INCLUDED FOR REVIEW 1. Revised Site Plan — dated August 17 2. Staff report and application materials provided in the July 28 Planning Commission packet 8/25/15 Planning Commission Meeting - Page 16 FINDINGS OF FACT FOR APPROVAL 3.5 -foot Rear Yard Setback Variance Request 1176 Ivy Hill Drive The following Findings of Fact are made in support of approval of the amended variance request: 1. Construction of the proposed walkway/landing within the required setback to access the rear yard and compliant deck structure in the side yard through an existing patio door is a reasonable use of the property and meets the purpose and intent of the Code and Comprehensive Plan. 2. Due to the subject parcel's frontage and existing conditions, a practical difficulty is demonstrated in order to construct a walkway/landing within the required rear yard setback to access a compliant deck structure from within the existing dwelling and provide safe access to the rear yard. 3. As proposed, the request would not allow for useable deck space in the rear yard or negatively impact the essential character of the neighborhood. 8/25/15 Planning Commission Meeting - Page 17 FINDINGS OF FACT FOR DENIAL Rear Yard Setback Variance Requests 1176 Ivy Hill Drive The following Findings of Fact are made in support of denial of the proposed variance requests: 1. Reasonable use of the property can be made without the need for a variance. 2. Alternatives exist to reduce the proposed encroachment into the rear yard and provide safe access to the existing patio door. 3. The proposed encroachment does not meet the intent of the Code by decreasing the buffer area between the adjoining properties and would negatively impact the essential character of the neighborhood. 8/25/15 Planning Commission Meeting - Page 18 Planning Case 2015-26 1176 Ivy Hill Drive 7/20/2015 0 30 SCALE IN FEET City of Mendota Heights GIS Map Disclaimer: This data is for informational purposes only and should not be substituted for a true title search, property appraisal, plat, survey, or for zoning verification. The City of Mendota Heights assumes no legal responsibility for the information contained in this data. The City of Mendota Heights, or any other entity from which data was obtained, assumes no liability for any errors or omissions herein. If discrepancies are found, please contact the City of Mendota Heights. Contact "Gopher State One Call" at 651-454-0002 for utility locations, 48 hours prior to any excavation. Planning Case 2015-26 8/25/15 Planning Commission Meeting - Page 19 Site Photos: 1176 Ivy Hill Drive Source: Staff (07.10.15) 8/25/15 Planning Commission Meeting - Page 20 fig (`i57,e /t/� -& 7`0 Bc4'Lb /sY kr.i4bkk'i9 ;pi ///i ,1fig 7/t7c.)o 5 /2 f- 4E2 75-4 J L ' 7- /. 7 0 _st pS ,7L ;- Op /-"/,Vi/ 1J /V P// 770 2 cf3 /vS 7-Xc c&73) F4c /:4: /2p J,eARb-, bigT u%) ' o /K ‘" 42o 41 17 Pi4T o D©O R 2 `d: `/ 1 !� /D D "0- ) z 641 l7'/e` / $ " v � �2 C t9Pk'/ F o?Lz- C6¢/0©u`Z— �Fro e /4X 50 .2 -/) 1/-2C. / cc 5ss.,qq 0/9 Li< 5,4 2`D e)/L --p09-F-6 010_ xp ) 8/25/15 Planning Commission Meeting - Page.21.. 1 70) FR(9?7--,91 • CITY OF !2J MENDDTA HEIGHTS 8/25/15 Planning Commission Meeting - Page 22 1101 Victoria Curve I Mendota Heights, MN 55118 651.452.1850 phone 651.452.8940 fax www.mendota-hoghts.com DATE: July 28, 2015 TO: Planning Commission FROM: Nolan Wall, AICP Planner SUBJECT: Planning Case 2015-26 Variance Request for Deck APPLICANT: Robert Alvarez PROPERTY ADDRESS: 1176 Ivy Hill Drive ZONING/GUIDED: R-1 One Family Residential/LR Low Density Residential ACTION DEADLINE: September 5, 2015 DESCRIPTION OF THE REQUEST The applicant is seeking to construct a deck onto an existing single-family dwelling and requires a variance from the rear yard setback requirements for such a structure in the R-1 Zoning District. BACKGROUND The subject parcel is approximately 21,000 square feet and contains a single-family dwelling. The property is zoned R-1 One Family Residential and guided for low density residential development. While not updated on the attached aerial map, a portion of right-of-way along Ivy Hill Drive was vacated, which increased the lot size prior to construction of the existing dwelling. The applicant intends to construct a deck wrapping around the west and northwest corners of the existing dwelling into the side and rear yards. As proposed, the portion of the deck within the rear yard requires a variance from the applicable setback requirements in the R-1 District. The existing dwelling was constructed in 2006. Between 2004 and 2005, the configuration of potential building pads on the subject parcel was discussed at length by the Planning Commission and City Council in a series of planning applications containing various requests. According to available minutes and application files, and without including a detailed summary of the discussion and background on the requests, the actions included: 1. Case 2004-13: Subdivision and variances for street frontage and front yard setback • Proposed lot reconfiguration for construction of a new dwelling on the subject parcel and variance from the 100 -foot lot width requirements along Dodd Road • Denied by the Planning Commission and City Council (Resolution 2004-47) 2. Case 2004-44: Variance for rear yard setback for proposed dwelling • Proposed variance to allow 10 -foot rear yard setback • Lot width variance was recommended for approval by the Planning Commission • Both requests denied by the City Council (Resolution 2004-108) 8/25/15 Planning Commission Meeting - Page 23 3. Case 2005-11: Variance for rear yard setback for proposed dwelling • Proposed variance to allow 10 -foot rear yard setback • Not reviewed by the Planning Commission • Denied by the City Council (Resolution 2005-18) ANALYSIS Comprehensive Plan The subject parcel is guided LR Low Density Residential in the 2030 Comprehensive Plan. The applicant's request to construct a deck on the property is consistent with the continued use as a single-family dwelling. Variance The R-1 District's required rear yard setback is 30 feet or 20% of the average lot depth, whichever is greater. In this case, due to the orientation of the existing dwelling fronting Ivy Hill Drive, the required rear yard setback is 30 feet. As a result of the aforementioned denials for a rear yard setback variance, the existing dwelling was issued a building permit for construction in its current location. Based on the existing conditions, but without an as -built survey, it can be assumed it was approved to be constructed in compliance with the applicable Code requirements, including within the required setbacks. However, attached decks are considered to be part of the principal structure, therefore the same setback standards apply. As proposed, the deck would encroach nine feet into the 30 -foot setback and requires a rear yard setback variance. When considering the variance request for the proposed deck in this case, the City is required to find that: 1. The request is in harmony with the general purposes and intent of the ordinance and comprehensive plan and the applicant proposes to use the property in a reasonable manner. The applicant's desire to construct a deck onto the existing single-family dwelling is a reasonable use of the property. However, the proposed encroachment into the rear yard is excessive and could be reduced or eliminated to still allow for reasonable use of the property in compliance with the Code requirements. The intent of the rear yard setback is to discourage crowding and maintain open space between dwellings, which is compromised by the proposed project in this case and therefore does not meet the intent of the Code. 2. The applicant establishes there are practical difficulties with complying with the ordinance due to circumstances that are unique to the property which are not created by the applicant or based on economic considerations. According to the applicant, the existing patio door facing the rear yard and the proposed deck were included in the approved building plans for the existing dwelling, which is implied as both a practical difficulty and unique circumstance in this case. Staff was not able to locate those plans; the city is only required to maintain residential building permits for five years after expiration, which is one year after issuance. Furthermore, the installation of patio doors with access to the rear yard above the existing grade is a circumstance created by the applicant, and the resulting safety issue can potentially be addressed with a revised variance request that reduces the proposed encroachment. The portion of the deck extending approximately 13 feet into the side yard is compliant due to an over 130 - foot setback from the side yard property boundary line. However, the proposed deck in this location can only be accessed from the existing patio doors along the north side of the dwelling without constructing steps accessing the side yard. As a result, staff contends there are at least three options to reduce the proposed encroachment and/or eliminate the variance request: 8/25/15 Planning Commission Meeting - Page 24 A. Consider a three-foot variance to allow construction of a landing/walkway from the patio door to the portion of the proposed deck extending into the side yard. This option allows access to the compliant portion of the proposed deck in the side yard from inside the house and decreases the excessive encroachment being requested in this case. According to the building code, three feet is the minimum width of a landing required for a walkway. In this scenario, staff would further recommend the three-foot encroachment extend no further than three feet from the northeast corner of the existing dwelling. B. Consider a three-foot variance to allow construction of a landing/steps to the existing patio door and eliminate the portion of the proposed deck encroaching into the rear yard. This option addresses the safety concern raised by the applicant regarding access to the existing patio door. A compliant landing at least three long and steps could be constructed to provide safe access to the rear yard from the existing dwelling. However, it would not provide access from the dwelling to the compliant portion of the proposed deck extending into the side yard. C. Eliminate the portion of the proposed deck encroaching into the rear yard and construct steps to access the compliant portion from the side yard. This option does not require a variance and, in staffs opinion, still allows for reasonable use of the property by providing access to the compliant portion of the deck extending into the side yard. As with Option B, it would not provide access from the dwelling to the portion of the proposed deck extending into the side yard or address the potential safety issue. 3. The request will not alter the essential character of the locality. The compliant portion of the proposed deck extending into the side yard will not alter the essential character of the neighborhood. However, the proposed deck' s nine -foot encroachment into the rear yard will decrease the distance between the abutting property to the north at 1167 Dodd Road. Based on aerial maps, it appears the dwelling is constructed near the 10 -foot minimum side yard setback line. Due to the subject parcel's frontage on Ivy Hill Drive, the existing condition already provides for the minimum separation distance of 40 feet between both dwellings; any further encroachment should be carefully considered in order to ensure appropriate buffering between the properties. ALTERNATIVES 1. Recommend denial of the nine -foot rear yard setback variance request for construction of the proposed deck, based on the attached findings of fact. OR 2. Recommend approval of a three-foot rear yard setback variance request to allow construction of a landing/walkway from the patio doors to the compliant portion of the proposed deck extending into the side yard, as proposed for consideration by staff and acceptable to the applicant, based on the attached findings of fact, with conditions. OR 3. Recommend approval of a three-foot rear yard setback variance request to allow construction of a landing/steps to the existing patio doors and eliminate the portion of the proposed deck encroaching into the rear yard, as proposed for consideration by staff and acceptable to the applicant, based on the attached findings of fact, with conditions. OR 8/25/15 Planning Commission Meeting - Page 25 4. Recommend approval of a nine -foot rear yard setback variance request for construction of the proposed deck, as proposed by the applicant, based on the findings of fact that the use of the property is reasonable, a practical difficulty has been established based on unique circumstances not created by the applicant, and the essential character of the neighborhood is not altered; with the condition that the applicant obtain a building permit. OR 5. Table the request. STAFF RECOMMENDATION Staff recommends denial of the proposed nine -foot rear yard setback variance as proposed by the applicant, based on the attached findings of fact (Alternative #1). As noted in this report, there are other design options that would allow for a reasonable use of the property with a reduced encroachment or no variance. If acceptable to the applicant, staff is supportive of a recommendation approving a reduced encroachment to allow a three-foot rear yard setback variance as included in Alternative #2 (Option A), based on the attached findings of fact, with the following conditions: 1. The three-foot encroachment would extend no further than three feet from the northeast corner of the existing dwelling to provide access to the compliant portion of the proposed deck in the side yard. 2. The applicant obtains a building permit. If acceptable to the applicant, staff is also supportive of a recommendation approving a reduced encroachment to allow a three-foot rear yard setback variance as included in Alternative #3 (Option B), based on the attached findings of fact, with the following conditions: 1. The three-foot encroachment would be no wider than the existing patio door, or the minimum width as determined by the Building Official. 2. The applicant obtains a building permit. MATERIALS INCLUDED FOR REVIEW 1. Aerial site map 2. Site photos 3. Planning applications, including supporting materials 8/25/15 Planning Commission Meeting - Page 26 FINDINGS OF FACT FOR DENIAL Nine -foot Rear Yard Setback Variance Request 1176 Ivy Hill Drive The following Findings of Fact are made in support of denial of the proposed request: 1. Reasonable use of the property can be made without the need for a variance. 2. Alternatives exist to reduce the proposed encroachment into the rear yard and provide safe access to the existing patio door. 3. The proposed nine -foot encroachment does not meet the intent of the Code by decreasing the buffer area between the adjoining properties and would negatively impact the essential character of the neighborhood. 8/25/15 Planning Commission Meeting - Page 27 FINDINGS OF FACT FOR APPROVAL Three-foot Rear Yard Setback Variance Request — Option A 1176 Ivy Hill Drive The following Findings of Fact are made in support of approval of the alternative request, referred to as "Option A" in the staff report: 1. Construction of a three-foot landing/walkway within the required rear yard setback to access a compliant deck structure through an existing patio door is a reasonable use of the property. 2. The subject parcel is a long narrow lot and the frontage on Ivy Hill Road resulted in construction of the existing dwelling at the maximum front and rear yard setbacks; therefore a practical difficulty is demonstrated in order to construct a walkway/landing within the required rear yard setback to access a compliant deck structure from within the existing dwelling. 3. The alternative request reduces the proposed encroachment by six feet and would not allow for a useable deck space in the rear yard or negatively impact the essential character of the neighborhood. 8/25/15 Planning Commission Meeting - Page 28 FINDINGS OF FACT FOR APPROVAL Three-foot Rear Yard Setback Variance Request — Option B 1176 Ivy Hill Drive The following Findings of Fact are made in support of approval of the alternative request, referred to as "Option B" in the staff report: 1. Construction of a three-foot landing/steps to the existing patio door within the required rear yard setback to provide safe access to the dwelling/backyard is a reasonable use of the property. 2. The subject parcel is a long narrow lot and the frontage on Ivy Hill Road resulted in construction of the existing dwelling at the maximum front and rear yard setbacks; therefore a practical difficulty is demonstrated in order to construct a landing/steps within the required rear yard setback to provide safe access to the dwelling/backyard. 3. The alternative request eliminates the proposed deck's encroachment into the required rear yard and would not negatively impact the essential character of the neighborhood. 8/25/15 Planning Commission Meeting - Page 29 7 H V1 4/�%cam 7 47 /-S c,(41 ;:-) ai°,06_ A 7-,�L.'c- 7A.) PI-i9A f /3P c9Mper&i-)6- 79/� PR o F —Gig / 7- 1.e2Q c:) - ,4, - rW6 /-7/--77o L L- 7 rev/9/A) b c g Ill 91 pig 7-/0 hoc `Ai /474/ /47/ /rte /40 7 7- / /7- / s .;#7.4-----7Y //19 '19k1) /3&—C119-0. 0/2-= DoeD ( 7-e). r-/ A) 5-1 c / /36/e Noe � 4-- .�� 4). /9- 1 CITY OF MENDOTA HEIGHTS 8/25/15 Planning Commission Meeting - Page 30 1101 Victoria Curve ( Mendota Heights, MN 55118 651.452.1B50 phone 1 651.452.8940 fax www.mendota-heights.cum APPLICATION FOR CONSIDERATION OF PLANNING REQUEST Office Use Only: Case # C ' Fee Paid: ' ",i) -v' .` , Coo e-4,0---1, Application Date: �l sem.Staff Initials: Applicable Ordinance #' Section: Existing Zoning - / Proposed Zoning: Existing Use:. � ' iewe,I te2,1 Proposed Use: t o • -e- Property Address/Street Location: / / %' .. i1$' /-,9(C 2) j 6/6-- Applicant /6Applicant Name:f)73 / 1/ 17/0/2 Phone: /,cam/ ;2- Applicant E -Mail Address: E ?%) ,4 L /4) l3/b 14-7-67,7 e 9/Mg/df- t9 Applicant Mailing Address: „<i M'& ( Z_ Pro ert Owner Name: P Y Teher f 1`C0r7.544 �It/ Phone: �S /— S'3 _ 7/� l %^ Property Owner Mailing Address: //7t Toy /I -i // Dr(' ti --c Legal Description & PIN of Property: (Complete Legal from Title or Deed must be provided) Type of Request: U Rezoning (Variance U Subdivision Approval U Code Amendment U Conditional Use Permit U Wetlands Permit U Critical Area Permit U Lot Split U Conditional Use Permit for PUD ❑ Preliminary/Final Plat Approval ❑ Comprehensive Plan Amendment ❑ Other 1 hereby declare that all statements made in this request and on the additional material are true. I further authorize City Officials and agents to inspect the above property during dayli• .t hours. gnature of Applicant Signature of Owner Date Signature of Owner (if more than one) Planning Application (modified 1/28/2014) Date Page 1 of 1 8/25/15 Planning Commission Meeting - Page 31 1101 Victoria Curve. I Mendota Heights, MN 55118 651.452.1850 phone 1 651:452.8940 fax www:mendota-heights.com CITY OF MENDOTA HEIGHTS VARIANCE CHECKLIST/QUESTIONNAIRE Applications will be scheduled for consideration by the Planning Commission and/or City Council only after all required materials have been submitted. Application submittal deadlines are available on the City's website or by contacting the City Planner. Late or incomplete applications will not be put on the agenda. Office Case #: 76 IS 2� Applicant: Address:', A variance is a request to vary from the City of Mendota Heights zoning standards. Under Minnesota State Law, variances shall only be permitted when they are in harmony with the general purposes and intent of the zoning code and when consistent with the comprehensive plan. Variances may be granted when the applicant establishes that there are practical difficulties in complying with the zoning standards. "Practical difficulties," in regards to variance requests, has three parts: (1) the proposed use of the property is a reasonable; (2) unique circumstances exist on the property which are not created by the landowner; and (3) the variance, if granted, will not alter the essential character of the neighborhood. Please consider these requirements carefully before requesting a variance. APPLICATION REQUIREMENTS: • Dated original of all the materials checked must be submitted by the end of the business day the Monday before the first Tuesday of the month. • If all original materials are 11 x 17 or smaller — only submit originals. • If materials are larger than 11 x 17, please provide 24 copies, folded to 8 °/2 x 11. • Any drawing in color — must submit 24 copies. The following materials must be submitted for the application to be considered complete: )1, Fee, as included in Fee Schedule (check payable to City of Mendota Heights) NOTE: Planning Application fees do not cover building permit fees, utilities, or other fees which may be required for you to complete your project. 'ICompleted Application Form (only original needs to be submitted). Igc Sketch plan showing all pertinent dimensions, and including the location of any easements having an influence upon the variance request. Letter of Intent. Please complete the attached questions regarding your request. Variance Checklist/Questionnaire (modified 12/6/2013) Page 1 of 3 8/25/15 Planning Commission Meeting - Page 32 Please answer the following questions as they relate to the variance request. You may fill in this form or create your own. 1. In your opinion, does the proposal put the property to use in a reasonable manner? YES ❑ NO by or why not? 0.6 M. ,) h n y eiLe (C.,ec4aI t r4, 9. ab -ea dq 6/a� lite d -w -1-4-.e e/ 1e> )u.4t w evi Vi, em;-14'`� P eitA, h ee-mc. a- b4 -e. /Ze.c� 0 '/� t o od . A).4 vLe_ (-40&.41'9v 1t 2. Please describe the circumstances unique to the property (not created by you).. // x„00.2 l��t' add C%�70/lCc U h 0-77,4). ( 41Oe piw_z eth eal e ,t -cd 3. In your opinion, will the variance, if granted, fit with the character of the neighborhood? g YES ❑ NO Why or why not? L�L(er4 4-0 y a-Le:a aiic iiGr%ao�T V 54--C,./?Leg �y100�° k,.. / . e 1. - .iia -.a -L, ex-a./z._) "- ' ileA4. �. cum `1 amu. evz h'ad deatf 3 8 /vew-e, U , 1� ‘i_/ e/0- Aet,0,-e Aed /I Oita, 7 ee(7fr 2/jA4141,4 7044fei ewa t c/4akty C e uS s ac4 , zz The Planning Commission must make an affirmative finding on all of the criteria listed above in order to grant a variance. The applicant for a variance has the burden of proof to show that all of the criteria listed above have been satisfied. Variance Checklist/Questionnaire (modified 12/6/2013) Page 2 of 3 8/25/15 Planning Commission Meeting - Page 33 SIGNATURES OF CONSENT FOR WAIVING PUBLIC HEARING REQUIREMENT Date: To: Mendota Heights Planning Commission From: Subject: Application for a Variance at: The request for a variance is to construct: I f written consent byall property owners within 100 feet of the boundaries of the subject property is obtained, the City may waive the requirement for a public hearing. We the undersigned have reviewed the plans for , and understand the terms and conditions of the requested variance. We have no objections to this request and do hereby give our written consent and consent to waiver of public hearing. Sincerely, NAME (Please Print) /L& SIGNATURE ADDRESS (INCL. LOT) Variance Checklist/Questionnaire (modified 12/6/2013) Page 3 of 3 8/25/15 Planning Commission Meeting - Page 34 Stantec Item No. 2015-31 MEMORANDUM Date: August 25, 2015 To: Mendota Heights Planning Commission From: Phil Carlson, AICP, Consulting Planner RE: Planning Case 2015-31: Joe Juliette 1920 Glenhill Road Critical Area Permit to demolish existing porch and construct new porch on an existing single family home in the Critical Area Action Deadline: September 29, 2015 (60 days from complete application submittal) INTRODUCTION The applicant wishes to remodel an existing single family home at 1920 Glenhill Road, within the Mississippi River Corridor Critical Area, removing an existing porch and deck and replacing it with a new porch and deck, and modifying the roof. The project requires a Critical Area Permit to demolish a portion of the existing structure and construct a new porch addition within the Critical Area. BACKGROUND • The property is guided LR Low Density Residential in the City's Land Use Plan. • The property is zoned R-1 One Family Residential. • There is no change in the impervious coverage on the site. • There is no change in the overall height of the structure. ANALYSIS The pertinent provisions of the Critical Area Overlay District that apply to this application are: 12-3-7. Existing Structures and Uses: D. Existing Residential Uses: Residential buildings on parcels developed and built upon prior to June 1, 2003, that otherwise conform to the standards and regulations of the zoning ordinance, and which comply with the standards and regulations of this chapter with the exception of the slope requirements, may be expanded with the addition of attached or detached structures, provided that: Design with community in mind 8/25/15 Planning Commission Meeting - Page 35 August 24, 2015 Mendota Heights Planning Commission Page 2 of 8 Reference: 2015-31, Joe Juliette 1. The expansion or accessory structure shall encroach no closer toward the river than the existing structure. 2. The expansion or accessory structure shall comply with all other performance standards and regulations of this chapter and the zoning ordinance. 3. The proposed expansion shall be processed in accordance with the procedures for site plan review as listed in section 12-3-17 of this chapter. The proposed addition meets these objectives, since the existing porch and deck jut out significantly from the house and the new porch and deck are recessed back closer to the house, in keeping with the spirit of the regulations. See attached floor plans graphics, which overlay existing and proposed building lines. STAFF RECOMMENDATION Staff recommends that the Planning Commission recommend to the City Council approval of the application for Critical Area Permit for the Joe Juliette application with the following conditions: 1. All applicable permits are obtained from the City prior to construction of the proposed project. 2. Construction of the proposed improvements shall be in compliance with the City's Land Disturbance Guidance Document. 3. Separate permits will be applied for and obtained when the existing exterior stairs are to be replaced and for any additional future projects. REQUESTED ACTION Following the public hearing and discussion, the Planning Commission may consider the following actions: 1. Recommend approval of the Critical Area Permit, based on the attached findings of fact, with conditions. OR 2. Recommend denial of the Critical Area Permit, based on findings that the application does not meet the purpose and intent of the Critical Area Overlay District. OR 3. Table the request, pending additional information from staff or others. 8/25/15 Planning Commission Meeting - Page 36 k‘,4 August 24, 2015 Mendota Heights Planning Commission Page 3 of 8 Reference: 2015-31, Joe Juliette MATERIALS INCLUDED FOR REVIEW The following exhibits are attached for your review: 1. Aerial Location Map 2. Floor Plans showing existing and proposed building lines 3. Aerial oblique photos of the existing house 4. Street View photos of the existing house 5. Planning Applications, including supporting materials FINDINGS OF FACT FOR APPROVAL Critical Area Permit 1920 Glenhill Road 1. The proposed project meets the purpose and intent of the Critical Area Overlay District and with the city's comprehensive plan. 2. The proposed addition is in keeping with the character of the area. 3. The proposed use is allowed under city ordinance. 4. The proposed addition does not increase the height of the existing structure. Design with community in mind August 24, 2015 Mendota Heights Planning Commission Page 4 of 8 Reference: 2015-31, Joe Juliette Approx. 2,000' to river channel Existing to be removed x New Existing to remain 8/25/15 Planning Commission Meeting - Page 37 Basennent Floor Plan Design with community in mind August 24, 2015 Mendota Heights Planning Commission Page 5 of 8 Reference: 2015-31, Joe Juliette Approx. 2,000° to river channel Existing =_lair=_ to be replaced at o later date Existing to be removed 8/25/15 Planning Commission Meeting - Page 38 Existing to remain E Ell S.L 1 Foyer 1 E. living 'tem a; Design with community in mind First Floor Plan August 24, 2015 Mendota Heights Planning Commission Page 6 of 8 Reference: 2015-31, Joe Juliette Approx. 2,ODC1' to river channel Existing to be removed New - Design with community in mind Existing stairsto be replaced at a later date r L 8/25/15 Planning Commission Meeting - Page 39 Existing to remain 4 s Bedroom E 1 E. Second Elgar Plan 8/25/15 Planning Commission Meeting - Page 40 August 24, 2015 Mendota Heights Planning Commission Page 7 of 8 Reference: 2015-31, Joe Juliette Aerial Oblique - view from west Aerial Oblique - view from south ,immunity in mind 8/25/15 Planning Commission Meeting - Page 41 August 24, 2015 Mendota Heights Planning Commission Page 8 of 8 Reference: 2015-31, Joe Juliette Street View - from west Street View - from southwest Design with community in mind 8/25/15 Planning Commission Meeting - Page 42 Planning Case 2015-31 1920 Glenhill Road 8/6/2015 0 25 SCALE IN FEET City of Mendota Heights itoo111 CULLIGAN LN GIS Map Disclaimer: This data is for informational purposes only and should not be substituted for a true title search, property appraisal, plat, survey, or for zoning verification. The City of Mendota Heights assumes no legal responsibility for the information contained in this data. The City of Mendota Heights, or any other entity from which data was obtained, assumes no liability for any errors or omissions herein. If discrepancies are found, please contact the City of Mendota Heights. Contact "Gopher State One Call" at 651-454-0002 for utility locations, 48 hours prior to any excavation. 8/25/15 Planning Commission Meeting - Page 43 Joe Juliette 1920 Glenhill Road Mendota Heights, MN 55118 (651) 452-9219 juliette@comcast.net July 31, 2015 City of Mendota Heights c/o: Nolan Wall Dear Nolan, I'm writing this letter to inform the City of Mendota Heights of our proposed plans to remodel the from of our home. The project will entail the removal of an existing three season porch and building out a new three season porch off of one of our existing roof lines. The remainder of the project includes replacing all of the windows in the front of the home, replacing siding and garage doors. The new look of the home will keep within the standards of the neighborhood as well as a natural look staying within the guidelines of the Critical Valley Area. The watershed will remain the same as to what is on place today. There will be limited impact to the land. Sincerely yours, Joe Juliette (651) 261-9588 (c) Office Use One) Case' Application Date: 1 l 'f ` t S Staff Initials:i Applicable Ordinance #: t 'L- Section: Existing Zonin Existing Use: 5. Proposed Zoning: !!. ` ' Proposed Use: 8/25/15 Planning Commission Meeting - Page 44 1101 Victoria Curve I Mendota Heights, MN 55118 651452.1850 phone I 651.452.8940 fax www.mendota-heights.com CITY OF MENDOTA HEIGHTS APPLICATION FOR CONSIDERATION OF PLANNING REQUEST Property Address/Street Location: 1`� 2-O 6L i4 IUL A D Applicant Name: Joe Phone: (c 6Si) Applicant E -Mail Address: Ji"1, e. @ Czn-leaS+.1 2-- Applicant Mailing Address: l 2-D C ucKaLI L . o Property Owner Name: \ of Phone: ( los-0 I - gS2 C c) Property Owner Mailing Address: S A YL4 e S 4.,3a V G - Legal Description & PIN of Property: (Complete Legal from Title or Deed must be provided) Imo!/✓ Z7-gl2-S0-c(-6`0 V411 e1 W 4 e- pre -i- (, ( Type of Request: U Rezoning U Variance U Lot Split U Conditional Use Permit ❑ Wetlands Permit Critical Area Permit U Code Amendment ❑ Appeal ❑ Interim Use Permit U Preliminary/Final Plat Approval ❑ Comprehensive Plan Amendment ❑ Other hereby declare that all statements made in this request and on the additional material are true. I further authorize City Officials and agents to inspect the above property during daylight hours. 7A 6 plicant Date 7/rt)//S� Planning Application (modified 7/9/2015) SigF ature 7 50. Date Signat„ of Owner (if more than one) Date Page 1 of 1 8/25/15 Planning Commission Meeting - Page 45 1101 Victoria Curve I Mendota Heights, MN. 55118 651.4523850 phone 1 651.452.8940 rax www.mendota-heights:com CITY or MENDOTA HEIGHTS CRITICAL AREA PERMIT REQUEST Applications will be scheduled for consideration by the Planning Commission and/or City Council only after all required materials have been submitted. Application submittal deadlines are available on the City's website or by contacting the City Planner. Late or incomplete applications will not be put on the agenda. Office Use Orli Applicant: Address: APPLICATION REQUIREMENTS: • Dated original of all the materials checked must be submitted by the end of the business day the Monday before the first Tuesday of the month. • If all original materials are 11 x 17 or smaller — only submit originals. • If materials are larger than 11 x 17, please provide 24 copies, folded to 8'/ x 11. • Any drawing in color — must submit 24 copies. The following materials must be submitted for the application to be considered complete: Fee, as included in Fee Schedule (check payable to City of Mendota Heights) NOTE: Planning Application fees do not cover building permit fees, utilities, or other fees which may be required for you to complete your project. g- Completed Application Form (only original needs to be submitted). Letter of Intent. o Site Plan, prepared to a scale appropriate to the size of the project and suitable for the review to be performed, including: Location of the property, including such information as the name and numbers of adjoining roads, railroads, existing subdivisions, or other landmarks. gExisting topography as indicated on a contour map having a contour interval no greater than two feet (2') per contour; the contour map shall also clearly delineate any bluff line, all streams, including intermittent streams and swales, rivers, water bodies, and wetlands located on the site. U A plan forth in which �i volume, and at what erate 'the stormwater istconveyed from the direction the s to in setting those areas on the site where stormwater collects and is gradually percolated into the ground or slowly released to stream or lake. U A description of the soils on the site including a map indicating soil types by areas to be �j ' disturbed as well as a soil report containing information on the suitability of the soils for the type of development proposed and for the type of sewage disposal proposed and describing any remedial steps to be taken by the developer to render the soils suitable. AU areas Critical Area Permit Request (modified 12/6/2013) Page 1 of 2 8/25/15 Planning Commission Meeting - Page 46 proposed for grading shall be identified by soil type, both as to soil type of existing topsoil and soil type of the new contour. The location and extent of any erosion areas shall be included in the soils description. H❑ Description of the flora and fauna, which occupy the site or are occasionally found thereon, setting forth with detail those areas where unique plant or animal species may be found on the site. vi' U Description of any features, buildings, or areas which are of historic significance. U Map indicating proposed finished grading shown at contours at the same intervals proposed Nl above or as required to clearly indicate the relationship of proposed changes to existing topography and remaining features. U Landscape plan drawn to an appropriate scale including dimensions, distance, location, type, size, and description of all existing vegetation, clearly locating and describing any vegetation proposed for removal and all proposed landscape materials which will be added to this site as part of the development. U Proposed drainage plan of the developed site delineating in which direction, volume, and at what rate stormwater will be conveyed from the site and setting forth the areas of the site iv/ 11 -where stormwater will be allowed to collect and gradually percolate into the soil, or be slowly released to stream or lake. The plan shall also set forth hydraulic capacity of all structures to be constructed or exiting structures to be utilized, including volume or holding ponds and design storms. Erosion and Sedimentation Control Plan indicating the type, location, and necessary technical information on control measures to be taken both during and after construction including a statement expressing the calculated anticipated gross soil loss expressed in tons/acres/year both during and after construction. g Proposed size, alignment, height, and intended use of any structures to be erected or located on the site. kik Ulf Clear delineation of all areas which shall be paved or surfaced including a description of the surfacing material to be used. U Description of the method to be provided for vehicular and pedestrian access to the proposed development and public access to the river and/or public river view opportunities both before and after development; a description of the development's impact on existing views of and along the river. U Description of all parking facilities to be provided as part of the development of the site including an analysis of parking needs generated by the proposed development. U Delineation of the area or areas to be dedicated for public use. U Delineation of the location and amounts of excavated soils to be stored on the site during construction. U Any other information pertinent to that particular project which in the opinion of the City or applicant is necessary or helpful for the review of the project. 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This is nota legal Map Scale document and should not be substituted Fora titre searria,appraisai; survey, or forrorring verificatien_ Dakota County 1 inch = 417 feet assumes no legal responsibility For the information contained in this data. 8/3(2015 http://gis.co. dakota.mn.us/DCGIS/WebForms/Print.aspx?img=http://gis.co.dakota.mn.us/Co... 8/3/2015 Print Preview Page 1 of 1 8/25/15 Planning Commission Meeting - Page 55 271560000021 278125001080 1948 GLENHILL RD 1235 CULLIGAN LN I KATHRYN LOVAAS TSTE JEWELL LINDA R ROSZAK 274490000091 1190 CULLIGAN LN LARRY A LUNDGREN 0 278125001140 MICHAEL P SETHNA 278125100010 278125001150 LAWRENCE J & MARY'P1 CULLIGAN 1230 CULLIGAN LN NORBERT J & SANDRA KRESSEACH 278125101010 1941 GLENHILL RD LAWRENCE 3 CULLIGAN 0 277770001030 1903 HUNTER LN RODNEY I & PAMELA IE ST MICHEL 2753500011]113 278125001030 1889 HUNTER LN 0 1908 GLENHILL RD LEO E SCHMIDT SHANE 14 WRIGHT 278125001060 LINDA R ROSZAK 274490000040 0 1199 CULLIGAN LN THOMAS C & SARA H GAVIN Disclaimer_ Map and parcel data are believed to be accurate, but accuracy is not guaranteed_ This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning reri6eativn_ Dakota County assumes no legal responsibility for the information contained in this daa. Map Spate 1 inch = 416 feet 8/3/2015 http://gis.co. dakota.mn.us/DCGIS/WebForms/Print.aspx?img=http://gis.co.dakota.mn.us/Co... 8/3/2015 8/25/15 Planning Commission Meeting - Page 56 Affidavit of Publication State of Minnesota } SS County of Dakota E. KITTY SUNDBERG , being duly sworn, on oath, says that he/she is the publisher or authorized agent and employee of the publisher of the newspaper known as SOUTH-WEST REVIEW , and has full knowledge of the facts which are stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B) The printed NOTICE OF HEARING which is attached was cut from the columns of said newspaper, and was printed and published once each TH week, for 1 successive weeks; it was first published on SUNDAY , the 9 day of AUGUST , 2015 , and was thereafter printed and published on every to and including , the day of , 20 ; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: *ABCDEFGHIJKLMNOPQRSTUVWXYZ *ABCDEFGHIJKLMNOPQRSTUVWXYZ *abcdefghijkimnopgrstuvwxyz Subscribed and sworn to before me on thi 10TH day of AUGUST 2015 4Ztk` j 1 otary Public *Alphabet should be in the same size and kind of type as the notice. BY: TITLE LEGAL C 1 ORDINATOR TONYA R. WHITEHEAD Notary Public -Minnesota My Commission Expires Jan 31, 2020 RATE INFORMATION (1) Lowest classified rate paid by commercial users for comparable space $25.00 per col. inch (2) Maximum rate allowed by law for the above matter $25.00 per col. inch (3) Rate actually charged for the above matter $ per col. inch 1/15 8/25/15 Planning Commission Meeting - Page 57 CITY OF MENDOTA HEIGHTS NOTICE OF HEARING, A PUBLIC HEARING ON CRITICAL. AREA PERMIT AT 1920 GLENHILL ROAD TO WHOM IT MAY CONCERN: NOTICE Is hereby given that the Planning; Commission of Mendota Heights will meet: at 7:00. R.M., or as, soon' as possible thereafter, on Tuesday;, August 25 2015 in the City Hall Council Chambers, 1101 Victoria Curve, Mendota Heights, Minnesota, to, consider a critical area permit at 1920 Glenhill Road for a home remodeling project. This, request has been assigned Planning Case number 2015-31. This notice is pursuant to Title 12 (Zoning) of the Mendota Heights City. Code. Such persons as desire to be heard with reference to this request will be heard at this meeting. Lorri Smith City Clerk (South-West Review: Aug. 9 2015) 8/25/15 Planning Commission Meeting - Page 58 Stantec Item No. 2015-32 MEMORANDUM Date: August 25, 2015 To: Mendota Heights Planning Commission From: Phil Carlson, AICP, Consulting Planner RE: Planning Case 2015-32: HD Supply Construction & Industrial - White Cap 1400 Commerce Drive 1. Conditional Permit to expand existing outdoor storage yard 2. Variance to allow outdoor storage within 1,500' of residential zone 3. Variance to allow screened open air storage of material Action Deadline: October 4, 2015 (60 days from complete application submittal) INTRODUCTION The applicant, HD Supply Constructions & Industrial - White Cap (HD Supply), wishes to establish a warehouse and distribution facility at 1400 Commerce Drive. HD Supply warehouses and distributes products used in the construction industry through jobsite delivery, direct -ship options and/or will call. The products typically include erosion control supplies, building materials, tools, jobsite and safety supplies to large and medium sized contractors. The property is currently vacant and zoned I Industrial and has a smaller, legal non -conforming outdoor storage yard. The project requires: • Conditional use permit for expanding an existing outdoor storage yard. • Variance to allow the outdoor storage yard to locate within 1,500 feet of a residentially zoned area • Variance to store material in a fenced open air yard instead of the required three -sided, covered structures ANALYSIS Based on the information supplied by the applicant, the use is considered a permitted nonmanufacturing use in the Industrial District. City code Section 12-1G-2: Conditional Uses states, "within the I industrial district, no outdoor storage and display of materials and equipment accessory to landscaping and building design and construction shall be used except by conditional use permit". Design with community in mind 8/25/15 Planning Commission Meeting - Page 59 August 25, 2015 Mendota Heights Planning Commission Page 2 of 4 Reference: 2015-32, HD Supply 1. In order for a conditional use permit to be granted, "no storage and display shall be located on any parcel that is within one thousand five hundred feet (1,500') from any residentially zoned property, measured from the closest point of the lot lines". The objective of this standard is to make sure residents are kept undisturbed by the uses of the property in terms of noise, dust, view, and other adverse impacts. In this case, the residential area in question that is within 1,500' from the HD Supply property is the Acacia Park Cemetery, where no residents are present. In addition, the site is visually blocked by other properties from the cemetery property. Therefore, granting a variance in this case will cause minimal adverse impact to the residentially zoned property. 2. The conditional permit also calls for "All storage and display shall be located under three (3) sided, covered structures, with the exception of landscape plant materials and trucks or equipment as shown on a specific and detailed site plan". The objective of this standard is to keep the site tidy in appearance and to minimize problems such as those caused by material run off. The three sides in the standard assume two sides and rear, plus top (covered). In this case, the material stored on site will be screened from view by a 6' tall chain link fence with slats completely surrounding the site. All material will be stored inside the fence and piled less than 6' in height. The material stored on site will be already packaged or of a nature that does not require coverage or containment. Examples of the materials include rebar, vapor barrier, foam boards, wire mesh and drain tiles. Similarly screened outdoor storage can be found in nearby neighboring properties. It appears that a variance to this standard on this site will not increase the risk of material run off or create undesirable views from outside of the property. According to City Code 12-1 D-13-2: Additional Requirements for All B and I Districts, the opacity of "required screening or buffering may be achieved with fences, walls, earth berms, hedges or other landscape materials. The screen shall provide a minimum opacity of ninety percent (90%) during all seasons". HD Supply is proposing to use a chain link fence with slats for screening the storage site. No specification was provided as to the opacity of the particular model to be used. Our research indicates a typical chain link fence with slats offers opacity in the 75% range, so it may not meet the city's standard. HD Supply has indicated willingness to use fencing material preferred by the city. Some neighboring properties use wood fence that offer 100% opacity, which may be a better choice here, at least on the front and side yards facing the street and neighboring property. 8/25/15 Planning Commission Meeting - Page 60 August 25, 2015 Mendota Heights Planning Commission Page 3 of 4 Reference: 2015-32, HD Supply From City Code 12-1 L-5: A variance shall only be recommended when the planning commission finds: 1. The request is in harmony with the general purposes and intent of the ordinance and comprehensive plan and the applicant proposes to use the property in a reasonable manner. 2. The applicant establishes there are practical difficulties with complying with the ordinance due to circumstances that are unique to the property which are not created by the applicant or based on economic considerations. 3. The request will not alter the essential character of the neighborhood. As discussed in previous paragraphs, the variance required for the 1,500' rule has a special circumstance in this case because the residential zone has no actual residents. So the strict application of the standard would deprive the applicant of the proposed expansion of the existing outdoor storage yard while not eliminating any real potential adverse impact to any city residents. The requirement for 3 -side covered storage for all materials generally would be intended for easy to disburse material such as dirt, liquids, landscaping materials. This site will store large building materials usually not requiring structures or are bagged and therefore not likely to blow around or leak off site. Strict application of the standard will impose unnecessary burden to the applicant and may restrict the reasonable use of property while no public welfare issues exist. STAFF RECOMMENDATION Staff recommends that the Planning Commission recommend to the City Council approval of the application for Conditional Use Permit and Variances for the HD Supply Application with the following conditions: 1. Materials stored on site will not exceed a height of 6'. 2. All materials will be packaged or self-contained. No loose or bulk materials. 3. A wood fence that provides a minimum of 90% opacity during all seasons will be provided on the front and side yards. REQUESTED ACTION Following the public hearing and discussion, the Planning Commission may consider the following actions: 8/25/15 Planning Commission Meeting - Page 61 August 25, 2015 Mendota Heights Planning Commission Page 4 of 4 Reference: 2015-32, HD Supply 1. Recommend approval of the Conditional Use Permit and Variances, based on the attached findings of fact, with conditions. OR 2. Recommend denial of the Conditional Use Permit and Variances, based on the findings of fact that the proposed expansion of the existing outdoor storage area does not meet the purpose and intent of the Code and reasonable use of the property can be made without a variance. OR 3. Table the request, pending additional information from staff or others. MATERIALS INCLUDED FOR REVIEW The following exhibits are attached for your review: 1. Aerial Location Map 2. Site Photos 3. HD Supply Applications, including supporting materials FINDINGS OF FACT FOR APPROVAL Conditional Use Permit and Variances 1400 Commerce Drive 1. The proposed variance meets the purpose and intent of the conditional use permit standard for 1,500' buffer from residential uses. 2. The proposed variance meets the purpose and intent of the conditional use permit standard for three -side enclosed covered storage. 3. Granting of the variances sought is in accordance with the standards laid out in the City Code. 4. The proposed project meets the purpose and intent of the remaining conditional use permit requirements for outdoor storage in the Industrial District of the City Code. 5. The proposed project will aesthetically improve an existing nonconformity. 8/25/15 Planning Commission Meeting - Page 62 Planning Case 2015-32 1400 Commerce Drive 8/17/2015 0 90 SCALE IN FEET City of Mendota Heights GIS Map Disclaimer: This data is for informational purposes only and should not be substituted for a true title search, property appraisal, plat, survey, or for zoning verification. The City of Mendota Heights assumes no legal responsibility for the information contained in this data. The City of Mendota Heights, or any other entity from which data was obtained, assumes no liability for any errors or omissions herein. If discrepancies are found, please contact the City of Mendota Heights. Contact "Gopher State One Call" at 651-454-0002 for utility locations, 48 hours prior to any excavation. Planning Case 2015-32 8/25/15 Planning Commission Meeting - Page 63 Site Photos: 1400 Commerce Drive Front of building Existing outdoor storage area Source: Staff (08.14.15) Planning Case 2015-32 8/25/15 Planning Commission Meeting - Page 64 Site Photos: 1400 Commerce Drive Existing screening towards Commerce Drive Existing screening towards property to south (1500 Commerce Drive) Source: Staff (08.14.15) 8/25/15 Planning Commission Meeting - Page 65 • SUPPLY CONSTRUCTION & INDUSTRIAL WHITE CAP August 5, 2015 City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 Attn: Planner — Nolan Wall RE: Variance Application and Conditional Use Permit for 1400 Commerce Dr, Mendota, Heights, MN Dear Mr. Wall, This site is zoned in the Industrial District and our use fits in the landscaping, and building design and construction. The operation of HD Supply Construction & Industrial — White Cap is a wholesale distributor to construction professionals in the Commercial, Residential, and Industrial building industries. White Cap customers are professional contractors with established accounts rather than the general public. We warehouse and distribute our product through jobsite delivery, direct ship options, and/or will -call. We are not a retail store. Shipments are received in the warehouse on daily basis to replenish the inventory. White Cap maintains a large inventory of products for use in the construction industry. Our facilities typically maintain an inventory of and distribute erosion control supplies, building materials, tools, jobsite and safety supplies to large and medium sized contractors. This property is currently vacant and our business will bring 9 new jobs to Mendota Heights. We are requesting a Conditional Use Permit to expand the existing non -conforming outdoor storage yard. The expanded yard will improve the look of the property as the outdoor activity for the business will be screened and fenced in. The site plan with this application shows the area of the existing yard and the area we would like to expand to. All of the area within the desired yard area is already paved and no land disturbance is needed or landscape removal. No parking is effected and all circulation to enter the site and access all the rear doors and docks are maintained. We are asking for the expanded space for more efficiency for our trucks to get to materials that are stored in the yard as well as the ability to secure our trucks on the property overnight as the current yard does not provide that. The site plans shows 3 spaces in the dock area that are striped, which will be for our large trucks to park. We plan to use 6 feet high chain link fence with slats for screening to enclose the rear area and no material would be stored over the fence. Photos are attached of the fence and slats to show the look of the enclosure. If the City would prefer a different type of slat or a wooden fence, we will change to that. Please stipulate which fence type is preferred. We are requesting a Variance on two out of the twelve requirements for outdoor storage and display of materials: 1. Item #C - No storage and display shall be located on any parcel that is within one thousand five hundred feet (1,500') from any residentially zoned property, measured from the closest point of the lot lines. (Map attached showing a small portion of R-1 with 1500 feet, note that this is a cemetery and not homes) 2. Item #I - All storage and display shall be located under three (3) sided, covered structures, with the exception of landscape plant materials and trucks or equipment as shown on a specific and detailed site plan. 6250 Brook Hollow Pkwy., Norcross, GA. 30071 www.WhiteCap.com 8/25/15 Planning Commission Meeting - Page 66 Questions Addressed for Variance: 1. In your opinion, does the proposal put the property to use in a reasonable manner? Yes, it meets items A through H and J through L of 12- 1G- 2 for the outdoor storage and display of materials and equipment accessory to landscaping and building design and construction requirements described in our designated zone 12G for our permitted use. All material will be screened from the road and neighboring properties 2. Please describe the circumstances unique to the property (not created by you). For item C, we understand the impact our use of this property has on residential neighbors and the manager of this location has visited the area that falls with the 1,500 feet area that is zoned residential, which is a cemetery, and confirmed that the yard area and the building is not visible from there. Two other buildings block the view completely and also serve as a buffer for any possible noise. For item I, all of our material that goes in the yard are self-contained so no cover is needed over the yard area. The typical items we store are various sizes of rebar, vapor barrier, foam boards, wire mesh, and drain tiles. Nothing will be stacked higher than the fence so everything would be fully contained and screened. 3. In your opinion, will the variance, if granted, fit with the character of the neighborhood? Yes, MN DOT and Bituminous Roadways are fellow businesses in the park that have outdoor storage with a screened fence just as we are requesting for ours to be. No businesses in the immediate neighborhood have a covered structure for storage, therefore ours would fit in to not have it as well. Attached are some photos of existing White Cap branch in Elk Grove Village, Illinois with a large fenced -in storage yard (pictures specifically of outdoor yard area). This location is across the street from O'Hare Airport and also from a Wyndham Hotel and needed special approval and the location has never received a complaint about the yard appearance. These photos show how we store in a screened fence with product not stored above the fence line. Jeremiah George, the District Manager for this area will attend the City meeting for any questions or additional information. Thank you for your time and consideration, Bobbi Curry Senior Manager of Construction HD Supply 6250 Brook Hollow Pkwy., Norcross, GA. 30071 www.WhiteCap.com 8/25/15 Planning Commission Meeting - Page 67 UNITED PROPERTIES August 5, 2015 Nolan Wall City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 Re: Mendota Heights Conditional Use Permit and Variance Application by HD Supply Dear Mr. Wall, The undersigned is the owner of the property located at 1400 Commerce Drive, Mendota Heights. We are finalizing a lease with HD Supply for the entire building. We are very excited about creating this business partnership with HD Supply, whom we have found to be an excellent company to work with, both highly professional and financially strong. We are very supportive of their Application to expand the outdoor lot area. We do not believe this will cause any problems for the site, adjoining uses or the public, It will create a newly updated and attractive lot, and will assist our transaction with them. Our previous long term tenant left earlier this year, and while the site and the building are nice, it is key to our efforts to lease this property that we appeal to good, high quality companies like HD Supply, otherwise the building would take longer to lease and fall in value if we need to compromise our tenancy, Because of the excellent quality of the HD Supply company, its use and the absence of any negative impact on the neighbors or public, we strongly support HD Supply's Application. Please call the undersigned at 952-270-9382 if you have any questions. Sincer John, aun• ers Senior Vice President United Properties Investment LLC 952-893-8269 m:\devljohn saunders\memos\m.nolan wal1.O8.O5.15.docx 3400 American BLvd. W. Suite 750 Minneapolis, MN 55431 T 952.835.5300 F 952.893.8206 unroperties,cllrn 8/25/15 Planning Commission Meeting - Page 68 1101 Victoria Curve 1 Mendota Heights, MN 55118 651,452.1850 phone 1 651.452.8940 fax www.mendota•heights.com CITY OF MENDDTA HEIGHTS APPLICATION FOR CONSIDERATION OF PLANNING REQUEST Office Use Only: Case #: 2A. t C ? 2 - Application Date: /? Fee Paid: 43C o Staff Initials: L LCD Applicable Ordinance #: Section: Existing Zoning: !'c, GLA, s`v-r=G ( Proposed Zoning: s Existing Use: o Proposed Use: Property Address/Street Location: 1400 Commerce Drive Applicant Name: HD Supply - Construction & Industrial White Cap Phone: 612-619-1832 Applicant E -Mail Address:Jessica.beyer@hdsupply.com Applicant Mailing Address: 5205 Hwy 169 N; Ste #100 Plymouth, MN 55442 Property Owner Name: United Properties Phone: 952-893-8269 Property Owner Mailing Address: 3600 American Blvd W; #750 Minneapolis, MN 55431 Legal Description & PIN of Property: (Complete Legal from Title or Deed must be provided) Gv� G I's, lir R y 4 +-s u. S r i^ -e- 5 / /710c,lc- PSN : Z?- S2 -71-o1 -d t o Type of Request: U Rezoning • Variance ❑ Lot Split la Conditional Use Permit ❑ Interim Use Permit ❑ Wetlands Permit ❑ Preliminary/Final Plat Approval ❑ Critical Area Permit ❑ Comprehensive Plan Amendment ❑ Other ❑ Code Amendment ❑ Appeal hereby declare that all statements made in this request.a I further authorize City Officials and agents to insp Planning Application (modified 7/9/2015) on the additional material are true. property during daylight hours. tk� `w pitorkcoDate Th -C Lac 3f Signat re of Owner batC Signature of Owner (if more than one) Date Page 1 of 1 8/25/15 Planning Commission Meeting - Page 69 1101 Victoria Curve I Mendota Heights. MN 55118 651.452.1850 phone 1 651.452.8940 fax v: wwmendota-heights.com CITY OF MENDOTA HEIGHTS CONDITIONAL USE PERMIT REQUEST Applications will be scheduled for consideration by the Planning Commission and/or City Council only after all required materials have been submitted. Application submittal deadlines are available on the City's website or by contacting the City Planner. Late or incomplete applications will not be put on the agenda. APPLICATION REQUIREMENTS: ® Dated original of all the materials checked must be submitted by the end of the business day the Monday before the first Tuesday of the month. ® If all original materials are 11 x 17 or smaller - only submit originals. ® If materials are larger than 11 x 17, please provide 24 copies, folded to 8'/ x 11. ® Any drawing in color- must submit 24 copies. The following materials must be submitted for the application to be considered complete: qf Fee, as included in Fee Schedule (check payable to City of Mendota Heights) NOTE: Planning Application fees do not cover building permit fees, utilities, or other fees which may be required for you to complete your project. 44 Completed Application Form (only original needs to be submitted). .,Zi Sketch plan showing all pertinent dimensions, and including the location of any easements having an influence upon the variance request. Y6 Letter of Intent. Site Development Plan, including: id Location of all buildings, including existing and proposed. - side. Plar\ —Et Location of all adjacent buildings located within 350' of the exterior boundaries of the property in question. N� --El- Floor area ratio. id Location and number of existing and proposed parking spaces. - s4e pLar- 'Vehicular circulation. - si4c, pla,v- WA -El- Architectural elevations (type and materials used on all external surfaces). WI\ Sewer and water alignment, existing and proposed. qt\ --Er Location and candle power of all luminaries. `.6 Location of all existing easements. AI lactned SWisCy Conditional Use Permit Request (modified 12/6/2013) Page 1 of 2 8/25/15 Planning Commission Meeting - Page 70 Dimension Plan, including: 'f Lot dimensions and area. - s Lk X' vey Ir Dimensions of proposed and existing structures. - si , pl on 14/k -Et- "Typical" floor plan and "typical" room plan. Id Setbacks on all structures existing or proposed on property in question. -5 4.r v t A--12 Proposed setbacks. Grading Plan, including: - N/11 --CI Existing contour. --Cl Proposed grading elevations. -0 Drainage configuration. -D Storm sewer catch basins and invert elevations. .--EI Spot elevations. -a Proposed road profile. Landscape Plan, including: 14/(, -It Location of all existing trees, type, diameter and which trees will be removed. -Er Location, type and diameter of all proposed plantings. -4a Location and material used of all screening devices. NOTES: Conditional Use Permit Request (modified 12/6/2013) Page 2 of 2 CITY OF MENDOTA HEIGHTS 8/25/15 Planning Commission Meeting - Page 71 1101 Victoria Curve 1 Mendota Heights. MN 55118 651.452.1850 phone 1 651452.8940 fax www.mendota-heihhts.corn VARIANCE CHECKLIST/QUESTIONNAIRE Applications will be scheduled for consideration by the Planning Commission and/or City Council only after all required materials have been submitted. Application submittal deadlines are available on the City's website or by contacting the City Planner. Late or incomplete applications will not be put on the agenda. A variance is a request to vary from the City of Mendota Heights zoning standards. Under Minnesota State Law, variances shall only be permitted when they are in harmony with the general purposes and intent of the zoning code and when consistent with the comprehensive plan. Variances may be granted when the applicant establishes that there are practical difficulties in complying with the zoning standards. "Practical difficulties," in regards to variance requests, has three parts: (1) the proposed use of the property is a reasonable; (2) unique circumstances exist on the property which are not created by the landowner; and (3) the variance, if granted, will not alter the essential character of the neighborhood. Please consider these requirements carefully before requesting a variance. APPLICATION REQUIREMENTS: ® Dated original of all the materials checked must be submitted by the end of the business day the Monday before the first Tuesday of the month. ® If all original materials are 11 x 17 or smaller — only submit originals. ® If materials are larger than 11 x 17, please provide 24 copies, folded to 8 '/ x 11. ® Any drawing in color— must submit 24 copies. The following materials must be submitted for the application to be considered complete: Fee, as included in Fee Schedule (check payable to City of Mendota Heights) NOTE: Planning Application fees do not cover building permit fees, utilities, or other fees which may be required for you to complete your project. Completed Application Form (only original needs to be submitted). 4 Sketch plan showing all pertinent dimensions, and including the location of any easements /having an influence upon the variance request. 'l Letter of Intent. Please complete the attached questions regarding your request. Variance Checklist/Questionnaire (modified 12/6/2013) Page 1 of 3 m MANd dV3 91IHM 3VR11SflGNI 8 woo ,(iddnspq Nomn 6L00£ VJ'SSOHO ON 00 •31S MO11OH )100H8 0929 NOI17f1111SN©3 l'1ddf1S+ t wa/woa dna SNoILda3d0 d„ S31n1VNOISIVAOaddV OZ1.99 NW `SIH013H ViO4N31A1 2J4 302�31AlWO0 00171. NW `SI1OdV3NNIW NOLdIaJS30 NOIw3a NOT FOR CONSTRUCTION COMMERCE DRIVE �.o 1.ezt6 =GHVA]DVHO S 433GN3i 03SOdONd `,1 Z vi 0 w 8/25/15 Planning Commission Meeting - Page 73 1400 Commerce Drive 8/17/2015 0 590 SCALE IN FEET City of 1T1JMendota Heights LEGEND /// 1400 Commerce Drive n 1,500 -foot Buffer Zoning District ZONING I - Industrial B-3 - General Business R-1 - One Family Residential R-3 - Multiple Family Residential State Park I Ty foe f' Ls, 1 I .:r4 i b ACACIA BLVD r dMrry ��-11-7 - ii �;I ,f �w 1 11 I I k 1 1 -t--1_ ` :` �s , ' f..4 P-61. j 1 I l i I I 1 I I! I I I! I • t _--1 . J— ! VICToR? JEr f-- i - !. ___-_________i___ ---I _.,_.�.. i1 1i I I 1-4+.. 1 j._____17:7../J 1 / 1 Li .� -.i y-, : i i j -....._1. .1._ LEVIIYAVE LL{ 1± Ii '-off il - : I W1 -r GIS Map Disclaimer: This data is for informational purposes only and should not be substituted for a true title search, property appraisal, plat, survey, or for zoning verification. The City of Mendota Heights assumes no legal responsibility for the information contained in this data. The City of Mendota Heights, or any other entity from which data was obtained, assumes no liability for any errors or omissions herein. If discrepancies are found, please contact the City of Mendota Heights. Contact "Gopher State One Call" at 651-454-0002 for utility locations, 48 hours prior to any excavation. 8/25/15 Planning Commission Meeting - Page 74 Fence and Slats for Storage Yard — HD White Cap 8/25/15 Planning Commission Meeting - Page 75 8/25/15 Planning Commission Meeting - Page 76 Print Preview Page 1 of 1 8/25/15 Planning Commission Meeting - Page 77 Planning Case 2015-32 Public Hearing NDtice Mailing List 274827201010 1395 COMMERCE DR LOX PROPERTIES LLC 274827302010 0 1475 COMMERCE DR SCANNELL PROPERTIES 162 LLC et270330003014 STATE OF MN - DOT en270340026011 h STATE OF MN - DOT 274827301010 O 1500 COMMERCE DR en 270340026021 ST PAUL FIRE AND MARINE INSURANCE STATE OF MN - DOT CO O 277125002082 STATE OF NN -DOT O 270330001011 STATE OF MN - DOT O 270330001021 STATE OF RCN - DOT O 270330002021 STATE OF MN - DOT O 2703300021331 STATE OF REN - DOT D270340026031 STATE OF MN - DOT in 272800006061 STATE OF MN - DOT 274827001010 ei 2300 PILOT KNOB RD TRIPLE S INVESTMENTS 2 748 27 10 10 10 0 1400 COMMERCE DR UNITED PROPERTIES INV CD Disclaimer_ Map and parcel data are believed to be accurate, but accuracy is not guaranteed_ This is nr t a legal Map Scale document and should not be substituted fora title search,appraisal, survey, or forzonrng verification_ Dakota County 1 inch = 468 feet assumes no legal responsibility for the information contained in this data. 8,13{2015 http://gis.co. dakota.mn.us/DCGIS/WebForms/Print.aspx?img=http://gis.co.dakota.mn.us/Co... 8/3/2015 8/25/15 Planning Commission Meeting - Page 78 Affidavit .of Publication State of Minnesota SS County of Dakota E. KITTY SUNDBERG , being duly sworn, on oath, says that he/she is the publisher or authorized agent and employee of the publisher of the newspaper known as SOUTH-WEST REVIEW stated below: , and has full knowledge of the facts which are (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B) The printed NOTICE OF HEARING which is attached was cut from the columns of said newspaper, and was printed and published once each TH week, for 1 successive weeks; it was first published on SUNDAY , the 9 day of AUGUST , 20 15 , and was thereafter printed and published on every to and including , the day of , 20 ; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: *ABCDEFGHIJKLMNOPQRSTUVWXYZ *ABCDEFGHIJKLMNOPQRSTUVWXYZ *abcd efghijklm nopq rstuvwxyz Subscribed and sworn to before me on this 10TH day of AU �,��,nton. if UST , 2015 1 Notary Public BY: �Gc� TITLE LEGAL C ORDINATOR *Alphabet should be in the same size and kind of type as the notice. TONYA R. WHITEHEAD Notary Publio-Minnesota My Commission Expires Jen 31, 2020 RATE INFORMATION (1) Lowest classified rate paid by commercial users for comparable space $25.00 per col. inch (2) Maximum rate allowed by law for the above matter $25.00 per col. inch (3) Rate actually charged for the above matter $ per col. inch 1/15 8/25/15 Planning Commission Meeting - Page 79 -.CITY OF MENDOTA'HEIGHTS. NOTICE OF HEARING A PUBLIC HEARING' ON CONDITIONAL' USE `PERMIT AND VARIANCE REQUESTS AT 1400 COMMERCE DRIVE TO WHOM IT MAY CONCERN: NOTICE Ishereby given that, the Planning Commission of 'Mendota Heights will: meet at 7:00 P.M., or as soon' as possibie'thereafter, on Tuesday, August 25, 2015 'in the City Hall Council Chambers 1101 Victoria Curve Mendota Heights, Minnesota, to consider conditional use permit and variance requests at 1400 Commerce Drive for expansion of an existing outdoor storage area. This request has been 'assigned, Planning Case number 2015-32. This notice is pursuant to Title:12 (Zoning) of the Mendota Heights City Code.e Such persons as dies Tistee be heard with reference'to this request' will be heard at this' meeting. Lorri Smith City Clerk (South-West Review: Aug. 9;2015) CITY OF MENDOTA HEIGHTS DATE: TO: FROM: SUBJECT: APPLICANT: PROPERTY ADDRESS: ZONING/GUIDED: ACTION DEADLINE: 8/25/15 Planning Commission Meeting - Page 80 1101 Victoria Curve 1 Mendota Heights, MN 55118 651.452.1850 phone 1 651.452.8940 fax www.mendota-hei g hts.com August 25, 2015 Planning Commission Nolan Wall, AICP Planner Planning Case 2015-34 Proposed Code Amendments — Alternative Energy Systems City of Mendota Heights N/A N/A N/A DESCRIPTION OF THE REQUEST The City is considering amendments to Title 12, Articles B, D, and E of the City Code concerning alternative energy systems. BACKGROUND Currently, there are no standards in place for alternative energy systems in the City Code. DRAFT Ordinance 485 creates a new section in the Code and provides standards for solar energy systems. Additional sections can be added to establish standards for other alternative energy systems, such as ground - source heat pumps and wind energy systems in the future. The proposed amendment ensures the same standards are applied to each solar energy system in an effort to encourage sustainable practices that do not adversely impact the community. Solar access protection is included in the Land Use Plan -Resource Protection section of the 2030 Comprehensive Plan (page 72-73): Solar Access Protection The City of Mendota Heights has historically planned for solar access protection within its Comprehensive Plans. The rationale for including a solar access protection element in the Comprehensive Plan is to assure the availability of direct sunlight to solar energy systems. A large share of the energy consumed in Minnesota is used for purposes that solar energy could well serve such as space heating and cooling, domestic hot water heating and low-temperature industrial processes. Collection of solar energy requires protection of solar collectors' sky space. Solar sky space is the portion of the sky that must be free of intervening trees or structures for a collector to receive unobstructed sunlight. According to the Minnesota Energy Agency, `simple flat plate collectors have the potential to supply one-half of Minnesota's space heating, cooling, water heating and low-temperature industrial process heat requirements." 8/25/15 Planning Commission Meeting - Page 81 Solar Access Goals and Policies: Goal 1: Protect reasonable access to direct sunlight for solar energy systems. Policies: • Consider modification of existing ordinances to protect access of direct sunlight to rooftops of all principal structures. • Encourage developers to establish covenants that do not restrict the development and use of active and/or passive solar energy systems. • Encourage buildings and developers to offer solar energy system options, to the extent practical, for space heating and cooling and hot water heating in new residential, commercial and industrial developments. ANALYSIS Staff reviewed several example ordinances prior to drafting the proposed code amendment. A summary of the proposed regulations contained in DRAFT Ordinance 485 include the following: 1. Solar energy systems must be accessory to the principal use and supply energy on-site. This is meant to exclude solar farms or other utility -scale developments that would be considered as the principal use of the property. Additional research would be necessary to address these types of systems as part of a future code amendment process. 2. Solar energy systems are a permitted accessory use in all zoning districts, therefore no additional zoning/land use permit is required if the standards are met. 3. Building permits are required. 4. Standards for roof -mounted systems include height, setbacks, mounting, and maximum area. 5. Standards for ground -mounted systems include height, setbacks, location, and maximum area. 6. Screening is required to the extent possible without impacting the function of the system. 7. Panel colors must match the roof materials. 8. Glare towards surrounding properties and streets is prohibited; additional screening may be required. 9. Utility connections must be underground, a disconnect switch is required, and any connections into the grid must be approved by the local utility provider. 10. Safety and certification standards must be met. 11. Systems cannot encroach upon any public easements. 12. Non-functional/inoperable systems are considered "abandoned" after 12 months and must be removed at the owner's expense. 13. A conditional use permit is required to deviate from any of the standards, in compliance with specific conditions. 8/25/15 Planning Commission Meeting - Page 82 ALTERNATIVES Following the public hearing and further discussion, the Planning Commission may consider the following actions: 1. Recommend approval of DRAFT Ordinance 485, as presented or as amended by the Commission. OR 2. Recommend denial of DRAFT Ordinance 485. OR 3. Table the request, pending additional information and revisions from staff. STAFF RECOMMENDATION Staff recommends the Planning Commission discuss the proposed code amendment. If acceptable to the Commission, action can be taken at this month's meeting. Staff would propose to bring back any substantial revisions for review and further discussion at a future meeting prior to making a recommendation to the City Council. MATERIALS INCLUDED FOR REVIEW 1. DRAFT Ordinance 485 2. Example images — Solar Energy Systems 3. Planning application, including supporting materials 8/25/15 Planning Commission Meeting - Page 83 1 CITY OF MENDOTA HEIGHTS 2 DAKOTA COUNTY, MINNESOTA 3 4 ORDINANCE NO. 485 5 6 AN ORDINANCE AMENDING TITLE 12, CHAPTER 1, ARTICLES B, D, & E OF THE CITY 7 CODE OF THE CITY OF MENDOTA HEIGHTS, MINNESOTA, DAKOTA COUNTY, 8 CONCERNING ALTERNATIVE ENERGY SYSTEMS 9 10 11 The City Council of the City of Mendota Heights, Minnesota, does hereby ordain: 12 13 Section 1. 14 15 Title 12-1B-2 is hereby amended as follows: 16 17 ALTERNATIVE ENERGY SYSTEM: A ground -source heat pump, wind or solar energy system. 18 19 SOLAR ENERGY SYSTEM: A device, set of devices, or structural design feature, whose primary 20 purpose is to transform solar energy into another form of energy or transferring heat from a collector to 21 another medium using mechanical, electrical, or chemical means. 22 23 SOLAR ENERGY SYSTEM, BUILDING -INTEGRATED: An active system that is an integral part of a 24 principal or accessory structure, rather than a separate mechanical device, replacing or substituting for an 25 architectural or structural component of the building including, but not limited to, photovoltaic or hot 26 water solar energy systems contained within roofing materials, windows, skylights, and awnings. 27 28 SOLAR ENERGY SYSTEM, PASSIVE: A system that captures solar light or heat without transforming 29 it to another form of energy or transferring the energy via a heat exchanger. 30 31 Section 2. 32 33 Title 12 -1E -3-C is hereby amended as follows: 34 35 Solar energy systems that are accessory to the principal use of the land and are designed to supply energy 36 to on-site uses, as regulated by this chapter. 37 38 Section 3. 39 40 Title 12-1D-18 is hereby added as follows: 41 42 ALTERNATIVE ENERGY SYSTEMS: 43 44 A. Solar Energy Systems: Solar energy systems are a permitted accessory use in all zoning districts 45 subject to the following regulations: 46 47 1. Building Permit: No solar energy system shall be erected, altered, improved, 48 reconstructed, maintained, or moved without obtaining a building permit. 49 50 2. Exemptions: The following systems shall be exempt from the requirements of this 51 section and shall be regulated as any other building element requiring a building permit: 52 53 a. Building -integrated solar energy systems. DRAFT Ord 485 — 08.25.15 Planning Commission Review Page 1 of 4 8/25/15 Planning Commission Meeting - Page 84 54 55 b. Passive solar energy systems. 56 57 2. Roof -mounted Systems: 58 59 a. Height: The maximum height of the system shall not exceed the structure height 60 requirements in the applicable zoning district. 61 62 b. Setbacks: The system shall comply with all building setback requirements in the 63 applicable zoning district and shall not extend beyond the exterior perimeter of 64 the building on which the system is mounted. 65 66 c. Mounting: The system shall be flush -mounted on pitched roofs or may be 67 bracket -mounted on flat roofs. Bracket -mounted collectors shall only be 68 permitted when a determination is provided by a licensed professional qualified 69 to certify that the underlying roof structure will support loading requirements and 70 all applicable building standards are satisfied. 71 72 d. Maximum Area: The system shall not cover more than eighty (80%) of the roof 73 section upon which the panels are mounted. 74 75 3. Ground -mounted Systems: 76 77 a. Height: The maximum height of the system shall not exceed fifteen (15') feet in 78 height from the average natural grade at the base of the system. 79 80 b. Setbacks: The system shall be setback a minimum of fifteen (15') feet from all 81 property boundary lines and thirty (30') feet from all dwellings located on 82 adjacent lots, including any appurtenant equipment. 83 84 c. Location: The systems shall be limited to rear yards in all zoning districts. 85 86 d. Maximum Area: The system shall be limited in size to the maximum 87 requirement allowed for accessory structures in the applicable zoning district or 88 no more than twenty-five (25%) percent of the rear yard, whichever is less. 89 90 4. Screening: Solar energy systems shall be screened from view to the extent possible 91 without impacting their function. Systems located within the business and industrial 92 zoning districts may be required to comply with the standards in section 12 -1D -13-2-C-7 93 of this article where practical. 94 95 5. Color: Solar energy systems shall use colors that blend with the color of the roof material 96 on which the system is mounted or other structures. 97 98 6. Glare: Reflection angles from collector surfaces shall be oriented away from neighboring 99 windows and minimize glare toward vehicular traffic and adjacent properties. Where 100 necessary, the City may require additional screening to address glare. 101 102 7. Utility Connection: 103 104 a. All utilities shall be installed underground. 105 DRAFT Ord 485 — 08.25.15 Planning Commission Review Page 2 of 4 8/25/15 Planning Commission Meeting - Page 85 106 b. An exterior utility disconnect switch shall be installed at the electric meter 107 serving the property. 108 109 c. Solar energy systems shall be grounded to protect against natural lightning 110 strikes in conformance with the National Electrical Code. 111 112 d. No solar energy system shall be interconnected with a local electrical utility 113 company until the company has provided the appropriate authorization to the 114 city, in compliance with the National Electrical Code. 115 116 8. Safety: 117 118 a. Standards: Solar energy systems shall meet the minimum standards outlined by 119 the International Electrotechnical Commission (IEC), the American Society Of 120 Heating, Refrigerating, And Air -Conditioning Engineers (ASHRAE), ASTM 121 International, British Standards Institution (BSI), International Organization For 122 Standardization (ISO), Underwriter's Laboratory (UL), the Solar Rating And 123 Certification Corporation (SRCC) or other standards as determined by the city 124 building official. 125 126 b. Certification: Solar energy systems shall be certified by Underwriters 127 Laboratories, Inc., and the National Renewable Energy Laboratory, the Solar 128 Rating And Certification Corporation or other body as determined by the 129 community development director. The city reserves the right to deny a building 130 permit for proposed solar energy systems deemed to have inadequate 131 certification. 132 133 9. Easements: Solar energy systems shall not encroach upon any public drainage, utility, 134 roadway, or trail easements. 135 136 10. Abandonment: Any solar energy system which remains nonfunctional or inoperable for a 137 continuous period of twelve (12) months shall be deemed to be abandoned and shall be 138 deemed a public nuisance. The owners shall remove the abandoned system, including the 139 entire structure and transmission equipment, at their expense after obtaining a demolition 140 permit. 141 142 B. Conditional Use Permit: Any required standard in this section that cannot be met may be 143 considered by conditional use permit, in accordance with section 12-1L-6 of this article and 144 considering the following criteria unique to solar energy systems: 145 146 1. That the deviation is required to allow for the improved operation of the solar energy 147 system; 148 149 2. That the solar energy system has a net energy gain; 150 151 3. That the solar energy system does not adversely affect solar access to adjacent properties; 152 153 4. That the solar energy system complies with all other engineering, building, safety, and 154 fire regulations; and 155 156 5. That the solar energy system is found to not have adverse impacts on the area, including 157 the health, safety, and general welfare of the public. 158 DRAFT Ord 485 — 08.25.15 Planning Commission Review Page 3 of 4 8/25/15 Planning Commission Meeting - Page 86 159 Section 4. 160 161 This Ordinance shall be in effect from and after the date of its passage and publication. 162 163 Adopted and ordained into an Ordinance this ## day of Month, 2015. 164 165 CITY COUNCIL 166 CITY OF MENDOTA HEIGHTS 167 168 169 170 Sandra Krebsbach, Mayor 171 ATTEST 172 173 174 175 Lorri Smith, City Clerk DRAFT Ord 485 — 08.25.15 Planning Commission Review Page 4 of 4 8/25/15 Planning Commission Meeting - Page 87 Planning Case 2015-34: Example Images Source: Google Images 8/25/15 Planning Commission Meeting - Page 88 1101 Victoria Curve 1 Mendota Heights, MN 55118 651.452.1850 phone 1 651.452.8940 fax wwwmendota•helJl is:com MENDOTA HEIGHTS APPLICATION FOR CONSIDERATION OF PLANNING REQUEST ''Existin .Zonin N/�'` Pro' osed..Zonin g 9 p 9: N/A Existing Use. Proposed' Use. N/A Property Address/Street Location: N/A Applicant Name: City of Mendota Heights Applicant E -Mail Address: nolanw@mendota-heights.com Applicant Mailing Address: 1101 Victoria Curve Property Owner Name: N/A Property Owner Mailing Address: N/A Phone: 651-452-1850 Phone: N/A Legal Description & PIN of Property: (Complete Legal from Title or Deed must be provided) N/A Type of Request: ❑ Rezoning ❑ Variance ❑ Lot Split la Code Amendment ❑ Conditional Use Permit ❑ Wetlands Permit ❑ Critical Area Permit ❑ Appeal ❑ Interim Use Permit ❑ Preliminary/Final Plat Approval ❑ Comprehensive Plan Amendment ❑ Other I hereby declare that all statements made in this request and on the additional material are true. 1 further authorize City Officials and agents to ins . ct t aj property during daylight hours. g(1// - Signa ure of Applicant Date Signature of Owner Date Signature of Owner (if more than one) Date Planning Application (modified 7/9/2015) Page 1 of 1 8/25/15 Planning Commission Meeting - Page 89 Affidavit of Publication State of Minnesota SS County of Dakota E. KITTY SUNDBERG , being duly sworn, on oath, says that he/she is the publisher or authorized agent and employee of the publisher of the newspaper known as SOUTH-WEST REVIEW , and has full knowledge of the facts which are stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B) The printed NOTICE OF HEARING which is attached was cut from the columns of said newspaper, and was printed and published once each TH week, for 1 successive weeks; it was first published on SUNDAY , the 9 day of AUGUST , 20 15 , and was thereafter printed and published on every to and including , the day of , 20 ; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: *ABCDEFGHIJKLMNOPQRSTUVWXYZ 'ABCDEFGHIJKLMNOPQRSTUVWXYZ *abcdefghijkimnopgrstuvwxyz Subscribed and sworn to before me on 10TH day of AUGUST 2015 Notary Public *Alphabet should be in the same size and kind of type as the notice. BY: TITLE LEGAL C ORDINATOR TONYA R. WHITEHEAD Notary Pubiio-Minnesota RATE INFORMATION My Commission Expires Jan 91, 2020 (1) Lowest classified rate paid by commercial users for comparable space $25.00 per col. inch (2) Maximum rate allowed by law for the above matter $25.00 per col. inch (3) Rate actually charged for the above matter $ per col. inch 1/15 8/25/15 Planning Commission Meeting - Page 90 CITY OF MENDOTA HEIGHTS NOTICE OF, HEARING A PUBLIC HEARING ON A REQUEST FOR CITY CODE AMENDMENTS TO WHOM IT MAY CONCERN: NOTICE Is hereby given that the Planning Commission of Mendota Heights will meet at 7:00 P.M.,or as soon as possible thereafter, on Tuesday, August 25, 2015 in the City Hall Council Chambers, 1101 Victoria Curve, Mendota; Heights, Minnesota, to consider an application from the City of Mendota Heights to amend the City Code conceming, solar energy systems. This request has been assigned Planning Case number 2015-34.; This notice is pursuant to Title 12 (Zoning) of the Mendota Heights City Code. Such persons as desire to be'. heard with reference to this request will be heard at this meeting. Lorrl Smith, City Clerk (South-West Review: Aug. 9 2015) CITY of !2J MENDDTA HEIGHTS DATE: August 25, 2015 TO: Planning Commission FROM: Nolan Wall, AICP Planner SUBJECT: Planning Case 2015-14 Proposed Code Amendment — Trade Schools BACKGROUND 8/25/15 Planning Commission Meeting - Page 91 1101 Victoria Curve 1 Mendota Heights, MN 55118 651.452.1850 phone 1 651.452.8940 fax www.mendota-hoghts.com Staff originally brought forward the proposed code amendment concerning the "trade school" definition at the May 26 meeting. Action on the case was tabled with the public hearing remaining open; an updated notice was re -published in the August 10 edition of the South-West Review. The original staff report and background materials are attached for additional background and analysis. BUDGET IMPACT N/A RECOMMENDATION Staff recommends the Planning Commission review the proposed code amendment and recommend action to the City Council on DRAFT Ordinance 477. This matter requires a simple majority vote. CITY OF !2J MENDDTA HEIGHTS 8/25/15 Planning Commission Meeting - Page 92 1101 Victoria Curve I Mendota Heights, MN 55118 651.452.1850 phone 651.452.8940 fax www.mendota-hoghts.com DATE: May 26, 2015 TO: Planning Commission FROM: Nolan Wall, AICP Planner SUBJECT: Planning Case 2015-14 Proposed Code Amendments — Trade School Definition APPLICANT: City of Mendota Heights PROPERTY ADDRESS: N/A ZONING/GUIDED: N/A ACTION DEADLINE: N/A DESCRIPTION OF THE REQUEST The City is considering amendments to Title 12-1B-2 of the City Code concerning trade schools. BACKGROUND As a result of recent requests to establish different types of educational facilities within the Industrial Zoning District, a code amendment is being proposed to clarify the definition of "trade school." The current defmition was amended by Ordinance 391 in 2004 (attached). ANALYSIS The Code allows "Trade schools and colleges or universities, without accessory housing [12 -1G -1J" as a permitted nonmanufacturing use and "Trade schools, colleges, and universities with accessory housing for the students of the school only [12-1 G -2J" as a conditional use in the Industrial District. "Trade School" is currently defined as: TRADE SCHOOL: An educational institution, either private or public, which offers classes and training to full and/or part time students including, but not limited to, technical, mechanical, services and computing fields [12 -IB -2J. DRAFT Ordinance 477 (attached) includes the following amended definition: TRADE SCHOOL: A privately -owned, post -secondary, skill -based educational institution which offers completion programs that issue certificates, diplomas, and degrees; and certified training to full and/or part time students including, but not limited to, technical, mechanical, services and computing fields. Trade school uses that occupy the Industrial District are post -secondary institutions. The use category also includes "colleges or universities," both of which are post -secondary in nature, and were specifically discussed by the City Council and added by Ordinance 391. 8/25/15 Planning Commission Meeting - Page 93 ALTERNATIVES Following the public hearing and further discussion, the Planning Commission may consider the following actions: 1. Recommend approval of DRAFT Ordinance 477, as presented or as amended by the Commission. OR 2. Recommend denial of DRAFT Ordinance 477. OR 3. Table the request, pending additional information and revisions from staff. STAFF RECOMMENDATION Staff recommends the Planning Commission discuss the proposed code amendment. If acceptable to the Commission, action can be taken at this month's meeting. Staff would propose to bring back any substantial revisions for review and further discussion at a future meeting prior to making a recommendation to the City Council. MATERIALS INCLUDED FOR REVIEW 1. Ordinance 391 2. DRAFT Ordinance 477 3. Planning Application, including supporting materials 8/25/15 Planning Commission Meeting - Page 94 City of Mendota Heights Dakota County, Minnesota Ordinance 391 AN ORDINANCE AMENDING SECTION 12-1B, SECTION 12-1G, AND SECTION 12-1J OF THE MENDOTA HEIGHTS CITY CODE, KNOWN AS THE ZONING ORDINANCE, BY PROVIDING FOR DEFINITIONS AND REQUIREMENTS FOR TRADE SCHOOLS, COLLEGES, AND PROFESSIONAL TRAINING IN THE "I", INDUSTRIAL ZONING DISTRICT. The City Council of the City of Mendota Heights hereby ordains: Section 1. Section 12-1B-2, DEFINITIONS is hereby amended to add the following: COLLEGE (OR UNIVERSITY): An educational institution, either private or public, which offers classes and training to full and/or part time students in academic fields, and which offers associate, baccalaureate, and/or graduate degrees or diplomas. A college or university may include accessory facilities including housing, recreation facilities, and other uses facilities for the convenience of the student population. COMMERCIAL OFFICES: A commercial use involving predominantly administrative, clerical, or professional operations. Commercial offices may include professional and administrative training, but shall not include direct retail commercial transaction activities. Professional training may include classes and training offered by professional or administrative entities to consumers of professional services. RECREATION COMMERCIAL: Bowling alley, cart track, jump center, golf, pool hall, vehicle racing or amusement, dance hall, skating, tavern, theater, firearms range, recreational instruction (such as martial arts schools, dance schools, etc.) and similar uses. TRADE SCHOOL: An educational institution, either private or public, which offers classes and training to full and/or part time students in technical, non-academic fields. 8/25/15 Planning Commission Meeting - Page 95 Section 2. Section 12-1G-1 B., PERMITTED USES is hereby amended to read as follows: Trade School and colleges or universities, without accessory housing. Section 3. Section 12-1G-2, CONDITIONAL USES is hereby amended to add the following: Trade schools, colleges, and universities with accessory housing for the students of the school only. Section 4. Section 12-1J-1 F. is hereby amended to read as follows: School, high school through college for School, trade school and college At least 1 space each 7 students, based on design capacity, plus 1 space for each 3 classrooms At least 1 space for each classroom, plus one space for each 2 students, based on design capacity, plus parking for other uses including offices as required Section 5. This Ordinance shall take effect and be in full force from and after its passage and publication. ATTEST: City Clerk AYES: NAYS: CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA ORDINANCE NO. 477 8/25/15 Planning Commission Meeting - Page 96 AN ORDINANCE AMENDING TITLE 12-1B-2 OF THE CITY CODE OF THE CITY OF MENDOTA HEIGHTS, MINNESOTA, DAKOTA COUNTY, CONCERNING TRADE SCHOOLS The City Council of the City of Mendota Heights, Minnesota, does hereby ordain: Section 1. Title 12-1B-2 is hereby amended as follows: TRADE SCHOOL: An privately -owned, post -secondary, skill -based educational institution, either private or public, which offers classcs completion programs that issue certificates, diplomas, and degrees; and certified training to full and/or part time students including, but not limited to, technical, mechanical, services and computing fields. Section 2. This Ordinance shall be in effect from and after the date of its passage and publication. Adopted and ordained into an Ordinance this ### day of Month, 2015. CITY COUNCIL CITY OF MENDOTA HEIGHTS Sandra Krebsbach, Mayor ATTEST Lorri Smith, City Clerk DRAFT — 05.26.15 Planning Commission Review page 1 of 1 CITY OF MENDOTA HEIGHTS 8/25/15 Planning Commission Meeting - Page 97 1101 Victoria Curve. I Mendota Heights, MN 55118 651.452.1850 phone I 651.452.8940 fax t lww,mendota,,he igh ts_ngm APPLICATION FOR CONSIDERATION OF PLANNING REQUEST Office Use Only: 2015-14 ase Fee Paid: N/A Application Date: 05/04/15 Applicable_ Ordinance #:i 12-1B Existing Zoning: N/A Existing Use: N/A Staff Initials: NW Section: 2 Proposed Zoning: N/A Proposed Use: N/A Property Address/Street Location: N/A Applicant Name: City of Mendota Heights Phone: 651-255-1142 Applicant E -Mail Address: nolanw@mendota-heights.com Applicant Mailing Address: 1101 Victoria Curve Property Owner Name: N/A Property Owner Mailing Address: N/A Phone: N/A Legal Description & PIN of Property: (Complete Legal from Title or Deed must be provided) N/A Type of Request: U Rezoning U Variance U Subdivision Approval IN Code Amendment U Conditional Use Permit U Wetlands Permit U Critical Area Permit U Lot Split U Conditional Use Permit for PUD U Preliminary/Final Plat Approval U Comprehensive Plan Amendment U Other I hereby declare that all statements made in this request and on the additional material are true. I further authorize City Officials and agents to in +- ct th- - •ov;• property during daylight hours. Sign. -t. e o`'pplicant Date Signature of Owner Date Signature of Owner (if more than one) Planning Application (modified 1/28/2014) Date Page 1 of 1 State of Minnesota County of Dakota E. KITTY SUNDBERG SS 8/25/15 Planning Commission Meeting - Page 98 Affidavit of Publication , being duly sworn, on oath, says that he/she is the publisher or authorized agent and employee of the publisher of the newspaper known as SOUTH-WEST REVIEW stated below: , and has full knowledge of the facts which are (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B) The printed NOTICE OF HEARING which is attached was cut from the columns of said newspaper, and was printed and published once each week, for 1 successive weeks; it was first published on SUNDAY , the 10TH day of MAY , 2015 , and was thereafter printed and published on every to and including , the day of , 20 ; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: *ABCDEFGHIJKLMNOPQRSTUVWXYZ *ABCDEFGHIJKLMNOPQRSTUVWXYZ *abcdefghijklmnopqrstuvwxyz Subscribed and sworn to before me on TH thjs 11 day of MAY , 20 5 / U Notary Public *Alphabet should be in the same size and TONYA R. WHITEHEAD Notary Public -Minnesota My Commission Expires Jan 31, 2020 (1) Lowest classified rate paid by commercial users for comparable space $25.00 per col. inch kind of type as the notice. RATE INFORMATION (2) Maximum rate allowed by law for the above matter $25.00 per col. inch (3) Rate actually charged for the above matter $ per col. inch 1/15 8/25/15 Planning Commission Meeting - Page 99 CITY OF MENDOTA HEIGHTS 'NOTICE OF HEARING A PUBLIC HEARING ON A REQUEST FOR CITY CODE AMENDMENTS TO WHOM IT MAY CONCERN: NOTICE is hereby given that the Planning Commission of Mendota Heightswill meet at 7:00.P.M.,or,, as soon as possible thereafter, on Tuesday, May 26, 2015 in the City Hall Council Chambers, 1101 Victoria Curve, Mendota Heights, Minnesota, to consider an application from the City of Mendota Heights to amend Title 12-1B-2 of the City Code concerning trade schools. This request has been assigned Planning', Case number 2015-14. This notice is pursuant to Title 12 (Zoning)' of the Mendota Heights City Code. Such persons as desire to be heard with reference to this request will be heard at this meeting. Lorri Smith City :Clerk (South-West Review: May 10, 2015) Af[k State of Minnesota SS County of Dakota E. KITTY SUNDBERG 8/25/15 Planning Commission Meeting - Page 100 avit of Publication , being duly sworn, on oath, says that he/she is the publisher or authorized agent and employee of the publisher of the newspaper known as SOUTH-WEST REVIEW stated below: , and has full knowledge of the facts which are (A) The newspaper has complied with all, of the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B) The printed NOTICE OF HEARING which is attached was cut from the columns of said newspaper, and was printed and published once each TI -I week, for 1 successive weeks; it was first published on SUNDAY , the 9 day of AUGUST , 2015 and was thereafter printed and published on every to and including , the day of , 20 ; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: *ABCDEFGHIJKLMNOPQRSTUVWXYZ `ABCDEFGHIJKLMNOPQRSTUVWXYZ *abcdefghijkimnopgrstuvwxyz Subscribed and sworn to before me on th's 10TI-Iday of AUGUST 2015 1111116otary Public BY: _ TITLE LEGAL C ORDINATOR *Alphabet should be in the same size and kind of type as the notice. TONYA R. WHITEHEAD Notary Public -Minnesota My Commission Expires Jan 31, 2020 RATE INFORMATION (1) Lowest classified rate paid by commercial users for comparable space $25.00 per col. inch (2) Maximum rate allowed by law for the above matter $25.00 per col. inch (3) Rate actually charged for the above matter $ per col. inch 1/15 8/25/15 Planning Commission Meeting - Page 101 CITY OF MENDOTA HEIGHTS NOTICE OF HEARING A PUBLIC HEARING ON A REQUEST FOR, CITY CODE AMENDMENTS TO WHOM IT MAY CONCERN: NOTICE Is hereby given that the Planning Commission of Mendota Heights will meet at 7:00 P.M., or as soon as possible thereafter, on Tuesday, August 25, 2015 in the City Hall Council Chambers, 1101 Victoria Curve, Mendota Heights, Minnesota, to consider an application from the City of Mendota Heights `to amend Title. 12-18-2; of the City Code concerning,trade schools. This request has been assigned Planning Case number 2015-14. This notice is -pursuant to Title 12 (Zoning) of the Mendota Heights City Code. Such persons as desire to be heard with reference to this request will be heard at this meeting. Lorrl Smith City Clerk (South-West Review: Aug. 9 2015)