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2016-05-24 Planning Comm Agenda Packet CITY OF MENDOTA HEIGHTS PLANNING COMMISSIONAGENDA May 24, 2016 – 7:00 p.m. Mendota Heights City Hall 1.Call to Order 2.Roll Call 3.Adopt Agenda 4.Approve April 26, 2016Planning Commission Minutes 5.Public Hearings: a.Case No. 2016-16: Mendota Mall Associates/Paster Properties. Mendota Plaza Second Addition. Conditional Use Permit for Planned Unit Development Amendment, Preliminary/Final Plat, and Wetlands Permit. b.Case No. 2016-11: All Energy Solar. Conditional Use Permit at 1002 Oxford Court. c. Case No. 2016-14:True North Solar, LLC. Conditional Use Permit at 701 Mendota Heights Road. d.Case No. 2016-12: Richard Dugan. Variance at 2165 Timmy Street. e.Case No. 2016-13: Scott and Nancy Knowlton/John Steenberg. Lot Split and Variance at 810/804 Ridge Place. f.Case No. 2016-15: Michael Hayes. Variance at 2305 Apache Street. g.Case No. 2016-17: Derwin Weightlifting, LLC. Conditional Use Permit at 2535 Pilot Knob Road. 6.Verbal Review 7.Staff and Commission Announcements 8.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. 5/24/16 Planning Commission Packet - Page 1 4 1CITY OF MENDOTA HEIGHTS 2DAKOTA COUNTY, MINNESOTA 3 4PLANNING COMMISSON MINUTES 5April 26, 2016 6 7The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, April 826, 2016 in the Council Chambers at City Hall, 1101 Victoria Curve at 7:00 P.M. 9 10The following Commissioners were present: Chair Litton Field, Jr., Commissioners Howard 11Roston, Michael Noonan, Mary Magnuson,Christine Costello, and Brian Petschel.Those absent: 12Doug Hennes.Others present were City Planner Nolan Wall andPublic Works Director/City 13Engineer John Mazzitello. 14 15Approval of Agenda 16 17The agenda was approved as submitted. 18 19Approval of March 22, 2016 Minutes 20 21COMMISSIONER NOONANMOVED, SECONDED BY COMMISSIONER MAGNUSONTO 22APPROVE THE MINUTES OF MARCH 22, 2016, AS PRESENTED. 23 24AYES: 6 25NAYS: 0 26ABSENT: 1 27 28Hearings 29 30Chair Field noted that the City had advertised Planning Case #2016-07, a Conditional Use Permit 31at 2535 Pilot Knob Road. This application has been withdrawn. 32 33PLANNING CASE #2016-08 34S.D. Custom Homes th 35Evergreen Knolls 4Addition Preliminary/Final Plat and Easement Vacation at 1663 Dodd Road 36 37City Planner Nolan Wallpresented the staff report by explaining that the applicant was seeking 38approvals for preliminary and final plat and associated easement vacations. He then shared an 39image of the 1.25-acre property’s location and surrounding properties. This property is zoned R-1 40OneFamily Residential and guided as Low Density Residential in the Comprehensive Plan. 41 42The lot contains a single-family dwelling and detached garage, both of which will be demolished. 43A wetland is also on the site, which will be filled and a wetland delineation report was submitted 44and reviewed in December 2015. It was determined that the wetland itself was man-made in the 451950’s. Council has approved a no-loss application for the wetland in January 2016 due to the fact April 26, 2016 Mendota Heights Planning Commission Meeting – DRAFTPage 1 5/24/16 Planning Commission Packet - Page 2 46that the wetland is not natural and provides no environmental benefit to the City. Therefore, the 47applicant is not subject to the wetland permitting requirements. 48 49Planner Wall shared photographs of the subject parcel and noted that the fence and vegetation 50buffer located on the city-owned property to the south will remain in place. 51 rd 52The proposal isto divide two existing single-family lots that are part of the Evergreen Knolls 3 th 53Addition into three lot plats, which would be called the Evergreen Knolls 4Addition. The R-1 54District requires a minimum lot width of 100 feet with a total lot area of 15,000square feet; all 55three of the new lots meet those requirements. The density of the new lots would be 2.4 units per 56acre, which is less than the Comprehensive Plan maximum of 2.9 units per acre. 57 58Planner Wall highlighted theproposed building pads where homes could be constructed and meet 59the applicable code standards, drainage direction as outlined in the proposed grading plan, slopes, 60and the proposed landscape plan. 61 62Staff recommended approval of this application with conditions. 63 64Commissioner Roston asked if anyone would review the location of the driveway as it pertains to 65the traffic on Dodd Road. Planner Wall replied that it was his understanding that the current 66driveway would be removed and new drivewayaccess to lot three would be from Evergreen Knoll. 67Commissioner Roston clarified that his concern is that someone turning from Dodd Road onto 68Evergreen Knoll could potentially conflict with anyone backing out of the driveway from lot three 69onto Evergreen Knoll. Planner Wall stated that staffhas not reviewed this issue yet, but he would 70make a note of it for review when the building permitfor lot three is submitted. It depends on 71where the house and garage would propose to be constructed. 72 73Commissioner Magnuson asked if the City had a requirement for replacing trees that are removed; 74Planner Wall replied in the negative. She commented that it seems excessive to remove 76 trees 75and offer to replace three. Planner Wall noted that the tree inventory included analysis concerning 76the size and condition of the trees. Staff looked at the property and determined thatin order to 77grade the site to create building pads, there would be significant tree removal. The existing buffer 78on the south property boundary line would remain and is acceptable for thecode requirements in 79place. However, if the Commission wanted to create a condition that a landscape plan be submitted 80for each of the three lots, that is something that has been done for other similar requests. 81 82Commissioner Noonan asked why the proposed building pads are being stepped. Planner Wall 83noted that he would defer to the applicant on their intentions. However, he had stated earlier that 84front yard setbacks would be determined on a case-by-case basis when the building permit 85applications are submitted.He reviewed the setbacks for the surrounding properties and believed 86the proposed setbacks were in response to the existing conditions. 87 88Commissioner Petschel asked if the Par3 currently owned the fencing; Planner Wall confirmed 89that the fence is locatedon city property. Secondly, he asked if there were any requirements for 90visibility at an intersection like at Evergreen Knoll and Dodd Road. Planner Wall explained that April 26, 2016 Mendota Heights Planning Commission Meeting – DRAFTPage 2 5/24/16 Planning Commission Packet - Page 3 91this would be reviewed as part of the building permit process as there needs to be an appropriate 92“sight distance triangle” in terms of sight lines. 93 94Chair Field noted that the front yard setback seems to be inconsistent with the rest of the 95development in the area and asked if the Commission has the ability to create a condition to take 96a position on the building pads. Planner Wall stated that, as part of the preliminary plat, the 97applicant is only required to show that there is a buildable area that would meet setbacks. 98 99Mr. Sean Doyle, 700 Apache Lane,of S.D. Custom Homes came forward but had no additional 100comments to make to the presentation. Commissioners had no additional questions for the 101applicant. 102 103Chair Field opened the public hearing. 104 105Planner Wall read comments received via email from the publicand noted that these comments, 106in full, would be entered into the public record: 1071.Pamela and Robin Ehrlich, 1656 Gryc Court, had concerns about water on the corner 108lot would cause flooding in their back yard during high volume rains and snows. 1092.Cheryl and Sanford Bemel, 774 Evergreen Knoll, voiced her support regarding the 110clear potential for water on the corner lot of DoddRoadand Evergreen Knoll to result 111in flooding to backyards during high volume rains/snows. 112 113Commissioner Noonan asked what would be done to fill the current man-made wetland and where 114would the drainage be directed to once it is filled. 115 116Public Works Director/City Engineer John Mazzitello addressed the high water concerns by 117explaining that the wetland in-question is intermittently saturated. The photos included in the 118packet showed the area to be dry. To make the lot developable in accordance with the applicant’s 119plans, they will have to import fill; that permit has been approved. The conceptual grading plan 120included in the application shows the northern half of these lots to drain to Evergreen Knoll go 121over the curb line into the gutter and drain into the city’s storm sewer system. The eastern portion 122of lot three drains into the ditch of Dodd Road. However, the southern half of lots one and two and 123the southwestern corner of lot three would drain into the golf course. The terrain on the golf course 124currently has a green that is built up and the water would run around that green and continue to the 125south towards Bachelor Avenue. Each lot is going to have a final grading plan attached to it as part 126of the building permit and part of staff’s analysis would be to ensure that the drainage pattern does 127not wind up flowing east towards the other neighbors. 128 129When asked, the applicant indicated that he had no comments to add to the public record in 130response to the issues raised. 131 132Seeing no one coming forward wishing to speak, Chair Field asked for a motion to close the public 133hearing. 134 135COMMISSIONER ROSTONMOVED, SECONDED BY COMMISSIONER COSTELLO, TO 136CLOSE THE PUBLIC HEARING. April 26, 2016 Mendota Heights Planning Commission Meeting – DRAFTPage 3 5/24/16 Planning Commission Packet - Page 4 137AYES: 6 138NAYS: 0 139ABSENT: 1 140 141COMMISSIONER NOONANMOVED, SECONDED BY COMMISSIONER MAGNUSON, TO 142RECOMMEND APPROVAL OF PLANNING CASE 2016-08 PRELIMINARY/FINAL PLAT TH 143AND EASEMENT VACATIONs, EVERGREEN KNOLLS 4ADDITION, 1663 DODD 144ROAD,BASED ON THE FOLLOWING FINDINGS OF FACT: 1451.The proposed plat meets the purpose and intent of the Subdivision Code. 1462.The proposed lots meet the minimum standards in the R-1 Zoning District. 1473.The wetland on site appears to have been man-made and the City Council has approved a 148no loss application for the site. 149AND WITH THE FOLLOWING CONDITIONS: 1501.The existing single-family dwelling and detached garage are demolished prior to the Final 151Plat being recorded by Dakota County. 1522.Park dedication fee in the amount of $4,000, in lieu of land, is collected after City Council 153approval and before the Final Plat is recorded by Dakota County or issuance of any 154additional permits by the City. 1553.Street reconstruction assessment fee in the amount of $1,091, as part of city project 2008- 15609, is collected after City Council approval and before the Final Plat is recorded by Dakota 157County or issuance of any additional permits by the City. 1584.Connection charges for sanitary sewer and water main shall be paid prior to issuance of a 159building permit. 1605.The grading plan is revised to avoid grading in MnDOT ROW or provide evidence that 161MnDOT approves of the grading. 1626.The grading plan is revised to avoid grading on the city golf course property to the south. 1637.The erosion control plan shows silt fence and bio roll on the MnDOT ROW. This needs to 164be adjusted or provide evidence that MnDOT approves the plan. 1658.The utility plan is revised to clarify the sewer connection for Lot 3, which is assumed to be 166the existing connection from Dodd Road. 1679.First floor elevation (FFE) is shown on the existing conditions sheet. 16810.Building and grading permits are obtained from the City prior to construction. 16911.The applicant shall submit grading and utility plans and a dimensioned site plan with 170associated easements, subject to review and approval by the Engineering Department as 171part of any building permit application. 17212.All grading and construction activity as part of the proposed development will be in 173compliance with applicable federal, state, and local regulations and codes, as well as in 174compliance with the City’s Land Disturbance Guidance Document. 17513.Future construction on the newly-created parcels will be compliant with all applicable City 176Code provisions 177 178Commissioner Magnuson made a friendly amendment as follows: 1791.Add a condition 14, requiring the applicant to submit a landscape plan for approval by 180the City prior to construction on the property. 181 April 26, 2016 Mendota Heights Planning Commission Meeting – DRAFTPage 4 5/24/16 Planning Commission Packet - Page 5 182Planner Wall noted that staff would appreciate additional commentary in terms of what is meant 183by ‘additional landscaping’. He noted that the applicant referenced screening on Dodd Road, which 184would give staff something to review against; anything in relation to the screening to the property 185to the south would be beneficial and screening in between each individual property (i.e. reasonable 186screening of interior lot lines and proposed structures, as well as Dodd Road) –to clarify what the 187Commission is looking for. 188 189He also stated that typically language requiring landscape plans would say it is approved either 190administratively or by the City Planning and Engineering Departments; so it is clear that the city 191approval does not mean City Council or Planning Commission or some other public review 192process. 193 194Planner Wall recommended that Condition 14 read “The applicant submit a landscape plan to be 195approved by the Planning and Engineering Department that proposes additional landscaping along 196Dodd Road and additional landscaping as deemed reasonable.” 197 198Commissioner Roston stated his belief that this issue would resolve itself in the marketplace. 199 200Commissioner Magnuson withdrew her Condition 14. 201 202Commissioner Noonan accepted the withdrawal. 203 204AYES: 6 205NAYS: 0 206ABSENT: 1 207 208Chair Field advised the City Council would consider this application at its May 3, 2016 meeting. 209 210PLANNING CASE 2016-09 211City of Mendota Heights 212Proposed City Code Amendments concerning Aircraft Noise Attenuation 213 214City Planner Nolan Wall introduced the item on behalf of Public Works Director/City Engineer 215John Mazzitello, who is the staff liaison to the Airport Relations Commission and has been 216working on this proposed code amendment. 217 218Engineer Mazzitello stated that the Airport Relations Commission has been discussing and 219debating this issue for the past few months. An issue was brought to their attention about potential 220development and/or redevelopment within the area where the airportnoise contours fall. Since 221these contours can shrink or expand based on airport traffic, the concern was that if there is 222development and/or redevelopment happening in that area that one lot could be within the contour 223one year and be outside of the contour the next year because of the contour movement. A request 224was made for the Airport Relations Commission to analyze a way to establish a permanent 225boundary for the Title 12 Chapter 4 zoning, which is noise attenuation. 226 April 26, 2016 Mendota Heights Planning Commission Meeting – DRAFTPage 5 5/24/16 Planning Commission Packet - Page 6 227Public Works Director/City Engineer Mazzitello researched other communities, including 228Richfield, Bloomington, and Eagan to see what they do. They have an established static line that 229requires a review of airport noise impact. It may or may not require attenuation depending on 230where the contours fall. However, if a home were within the static boundary an applicant would 231have to look at the noise contours for their project. 232 233The three communities he reviewed use the MSP (Minneapolis/St. Paul Airport) zoning ordinance 234airspace zone, a map of which was shared with the Commissioners. This is a static area around the 235airport that they have identified as having potential for noise impact. The contours fall within that 236boundary in one way, shape, or form year-to-year as they update their contours. 237 238The static area boundary includes comes down throughthe City of Mendota, incorporates all of 239the Augusta Shores development, all of the cul-de-sacs off of LeMay Lake Road, a portion of the 240LeMay Shores development (they are providing attenuation in all of their units as part of their 241developers agreement), and the undeveloped city-owned property by LeMay Lake Road and 242Bourne Lane. 243 244Therefore, if any property were going to develop, redevelop, or have an addition put onto it and 245they fall within the static area, the requirement of the building permit would have the applicant 246look at the noise contours and determine whether or not they are within or without the 60 decibel 247contour (the threshold for attenuation). 248 249The ordinance amendment under consideration simply adds a paragraph C to Title 12, Chapter 4, 250Section 1, which reads: “APPLICABILITY: The provisions of this chapter shall apply to all 251properties located within the 2004 MSP Zoning Ordinance Airspace Zoning Limit. Properties 252located partially within the 2004 MSP Zoning Ordinance Airspace Zoning Limit shall be 253considered completely inside the limit.” 254 255Staff recommended approval of this ordinance. 256 257Commissioner Petschel asked if it is the intention to amend the code every time thereis a new 258contour map. Mr. Mazzitello replied that the code adopts whatever contour map exists. 259Commissioner Petschel recommended the amendment be changed to say ‘. . . within the most 260current MSP Zoning Ordinance Airspace Zoning Limit”. Mr. Mazzitello agreed that this change 261could be done; however, the 2004 MSP Zoning Ordinance Airspace Zoning Limit was developed 262over decades of noise data and they do not anticipate that moving. 263 264Chair Field suggested the language be changed to “ . . . the 2004 MSP Zoning Ordinance Airspace 265Zoning Limit or its successor.” Planner Wall suggested adding a clarifier that this is what is in 266affect right now, the most current version; this would encompass a change from the 2004 MSP 267Zoning Ordinance Airspace Zoning Limit. 268 269Mr. Mazzitello noted that the static area boundary should not be confused with the actual noise 270contour. 271 April 26, 2016 Mendota Heights Planning Commission Meeting – DRAFTPage 6 5/24/16 Planning Commission Packet - Page 7 272After additional discussions, it was suggested to change the amendment to read 273“APPLICABILITY: The provisions of this chapter shall apply to all properties located within the 2742004or thecurrent MSP Zoning Ordinance Airspace Zoning Limit. Properties located partially 275within the 2004 or the current MSP Zoning Ordinance Airspace Zoning Limit shall be considered 276completely inside the limit.” 277 278Staff agreed to make the language honor subsequent newly-adopted airspacezoning limits. 279 280Chair Field opened the public hearing. 281 282Seeing no one coming forward wishing to speak, Chair Field asked for a motion to close the public 283hearing. 284 285COMMISSIONER NOONANMOVED, SECONDED BY COMMISSIONER COSTELLO, TO 286CLOSE THE PUBLIC HEARING. 287 288AYES: 6 289NAYS: 0 290ABSENT: 1 291 292COMMISSIONER ROSTONMOVED, SECONDED BY COMMISSIONER NOONAN, TO 293RECOMMEND APPROVAL OF ORDINANCE NO. 494 AN ORDINANCE AMENDING 294TITLE 12, CHAPTER 4 OF THE CITY CODE OF THE CITY OF MENDOTA HEIGHTS, 295MINNESOTA, DAKOTA COUNTY, CONCERNING AIRCRAFT NOISE ATTENUATION 296BOUNDARIESWITH THE REVISEDLANGUAGE TO HONOR SUBSEQUENT NEWLY- 297ADOPTED AIRSPACE ZONING LIMITS. 298 299AYES: 6 300NAYS: 0 301ABSENT: 1 302 303Verbal Review 304 305Planner Wall gave the following verbal review: 306 307PLANNING CASE #2016-05 308Emily Dosh, 1140 Sibley Memorial Highway, Critical Area Permit, Conditional Use Permit, and 309Variances 310Approved by the City Council as recommended by the Planning Commission 311 312PLANNING CASE #2016-06 313Northern States Power, d/b/a Xcel Energy, Sibley Propane Plant 314Conditional Use Permit and Critical Area Permit 315Approved by the City Council as recommended by the Planning Commission 316 April 26, 2016 Mendota Heights Planning Commission Meeting – DRAFTPage 7 5/24/16 Planning Commission Packet - Page 8 317Staff Announcements 318 319Annual Clean-Up Day, Saturday, May 7, 8:00 A.M. – 12:00 P.M. at Mendakota Park. 320Information available in the Heights Highlights or by calling City Hall. 321The City has received a StatewideHealth Improvement Program Grant from Dakota 322County for $25,000. Approved by the Dakota County Board in March 2016. Staff is waiting 323for the contracts to be approved by Council to authorize the start of the project. The funds 324will be used to study the Dodd Road corridor that runs north/south through the City from 325I-494 to Delaware Avenue to identify potential off-street trail facilities. 326Planner Wall provided the Commission with a copy of an article found in the most recent 327edition of the planning magazine. The article is a reminder of some of the ethical issues 328that planning commissioners are often faced with. 329Public Works Director/City Engineer Mazzitello provided information on upcoming 330construction projects: 331 o The Pilot Knob Road/I-494 interchange signals are to be replaced; scheduled to 332begin on May 11, 2016 and anticipated to last a month 333 o Bid opening scheduled for April 27 for the 2016 Road Construction Project 334\[Mendota Road, the frontage road on the north side of Highway 110, between Oak 335Street and Delaware Ave and the rehabilitation of Warrior Drive, High Ridge 336Circle, and Sibley Court\]. Construction is slated to begin once school is out for the 337year. 338 339Adjournment 340 341COMMISSIONER NOONANMOVED, SECONDED BY COMMISSIONER PETSCHEL, TO 342ADJOURN THE MEETING AT 7:54 P.M. 343 344AYES: 6 345NAYS: 0 346ABSENT: 1 April 26, 2016 Mendota Heights Planning Commission Meeting – DRAFTPage 8 5/24/16 Planning Commission Packet - Page 9 5a Request for Planning Commission Action MEETING DATE:May 24, 2016 TO: Planning Commission FROM: Nolan Wall, AICP – Planner SUBJECT:Planning Case 2016-16 CUP for PUD Amendment, Preliminary/Final Plat, Wetlands Permit 720 Highway 110 – Mendota Plaza COMMENT: Introduction The applicantis seeking approval to amend a planned unit development(PUD)final development plan, including preliminary/final plat and wetlands permit requests. Background The proposed development site encompasses approximately five acres of undeveloped land in the northeast corner of the existing Mendota Plaza mixed-use development, bordering State Trunk Highway (STH) 110 to the north and the Dodge Nature Center property to the east. The proposed project includes commercial/retail and high-density residential uses.The existing PUD Final Development Plan was approved in 2009 and the City Code requiresapproval of subsequent amendments by conditional use permit. Staff has requested additional information regarding justification of the proposed off-street parking numbers and is working through various build-out scenarios with the applicant. As a result, additional time is necessary for further discussion and potential revisionsto the proposed plans prior to bringingthe request forward to the Planning Commission. In addition, outside agency review comments on the proposed project were not received in time for inclusion in the packet. Discussion The City is using its quasi-judicial authority when considering action on subdivision and zoning requests and has limited discretion; a determination regarding whether or not the request meets the applicable code standards is required. Recommendation Since the public hearing notice for this request was published and notifications mailed, staff recommends the Planning Commission open the public hearing andtake actionto table the case and extend the 60-day review timeline. Action Required This matter requires a simple majority vote. 5/24/16 Planning Commission Packet - Page 10 5b Request for Planning Commission Action MEETING DATE:May 24, 2016 TO: Planning Commission FROM: Nolan Wall, AICP – Planner SUBJECT:Planning Case 2016-11 Conditional Use Permit – 1002 Oxford Court COMMENT: Introduction The applicant, on behalf of the property owner,is seeking a conditional use permit to install a roof-mounted solar energy system at 1002 Oxford Court. Background The subject parcelis approximately 18,500 square feet andcontains an existing single-family residential dwelling with an attached garage. The proposed solar energy system is complaint with the applicable City Code standards for such a structure and for conditional use permits. The proposed conditions of approval requirea building permit to be issued prior to installation and abandonment provisions. Discussion The City is using its quasi-judicial authority when considering action on subdivision and zoning requests and has limited discretion; a determination regarding whether or not the request meets the applicable code standards is required. Recommendation Staff recommends the Planning Commission discuss the request in this caseand make a recommendation to the City Council. Action Required This matter requires a simple majority vote. 5/24/16 Planning Commission Packet - Page 11 Planning Staff Report DATE: May 24, 2016 TO: Planning Commission FROM: Nolan Wall, AICP – Planner SUBJECT:Planning Case 2016-11 Conditional Use Permit APPLICANT: AllEnergy Solar PROPERTY ADDRESS:1002 Oxford Court ZONING/GUIDED: R-1 One-Family Residential/LR-Low Density Residential ACTION DEADLINE:June 24, 2016 DESCRIPTION OF THE REQUEST The applicant, on behalf of the property owner,is seeking a conditional use permit to install a roof-mounted solar energy system at 1002 Oxford Court. Title 12-1D-18-A allows solar energy systems as a conditional use in all zoning districts, subject to conditions. BACKGROUND The subject parcelis approximately 18,500 square feet andcontains an existing single-family residential dwelling with an attached garage. The City Council recently adopted Ordinance 485 creating standards for alternative energy systems, as part of Planning Case 2015-34. The intent wasto ensure the same standards are applied to each solar energy system in an effort to encourage sustainable practices that do not adversely impact the community. ANALYSIS Comprehensive Plan Solar access protection is included in the Land Use Plan-Resource Protection section of the 2030 Comprehensive Plan(page 72-73): Solar Access Protection TheCityofMendotaHeights has historically planned for solaraccess protection withinits ComprehensivePlans.Therationaleforincluding a solaraccessprotectionelementinthe ComprehensivePlanistoassuretheavailability of directsunlighttosolarenergysystems. A large share of the energy consumed inMinnesotaisusedfor purposes that solar energy could wellservesuchas space heating and cooling, domestic hotwaterheatingandlow-temperature industrialprocesses.Collectionofsolarenergyrequiresprotectionofsolarcollectors’skyspace. Solar skyspaceistheportionoftheskythatmust be free of intervening treesorstructuresfor acollectortoreceiveunobstructed sunlight. Accordingto the Minnesota EnergyAgency,“simple 5/24/16 Planning Commission Packet - Page 12 flatplatecollectorshave thepotentialtosupplyone-halfofMinnesota’s space heating, cooling, water heating and low-temperatureindustrialprocess heat requirements.” SolarAccessGoalsandPolicies: Goal 1: Protect reasonableaccess to direct sunlight for solar energy systems. Policies: Consider modification of existing ordinances toprotectaccessofdirectsunlightto rooftops of all principal structures. Encouragedeveloperstoestablishcovenantsthat do notrestrictthedevelopment and use of active and/or passive solar energy systems. Encouragebuildingsanddeveloperstooffersolarenergysystemoptions,totheextent practical,forspaceheatingandcoolingandhotwaterheatingin new residential, commercialandindustrialdevelopments. Conditional Use Permit Title 12-1D-18-A-3 of the City Code includes the following standards for roof-mounted solar energy systems: Roof Mounted Systems: a. Height: The maximum height of the system shall not exceed the structure height requirements in the applicable zoning district. The existing dwelling is two stories and is assumed to be compliant with the R-1 District height requirement. The proposed solar energy systemwillbe attached to the south-facing roofline of the structure and will not extend above the highest peak. b.Setbacks: The system shall comply with all building setback requirements in the applicable zoning district and shall not extend beyond the exterior perimeter of the building on which the system is mounted. The proposed solar energy systemwill not extendbeyond the exterior perimeter of the building. c. Mounting: The system shall be flush mounted on pitched roofs or may be bracket mounted on flat roofs. Bracket mounted collectors shall only be permitted when a determination is provided by a licensed professional qualified to certify that the underlying roof structure will support loading requirements and all applicable building standards are satisfied. The proposed solar energy systemwill be flush-mounted to the pitched roof structure. d. Maximum Area: The system shall not cover more than eighty percent (80%) of the roof section upon which the panels are mounted. The proposed solar panel area is 3,252 square feet, which will occupy approximately 64% of the total applicable roof section. In addition,Title 12-1D-18 of the City Codeincludes the following additional conditions for all solar energy systems: 5. Screening: Solar energy systems shall be screened from view to the extent possible without impacting their function. Systems located within the business and industrial zoning districts may 5/24/16 Planning Commission Packet - Page 13 be required to comply with the standards in subsection 12-1D-13-2C7 of this article where practical. The proposed solar energy system will be flush-mounted to the south-facing roof structure inthe rear yard of the subject parcel and abutting the rear yards of the adjacent properties, which provides screening to the greatest possible extent. 6. Color: Solar energy systems shall use colors that blend with the color of the roof material on which the system is mounted or other structures. The proposed solar panels are black and the roof material is gray-colored asphalt shingles. 7. Glare: Reflection angles from collector surfaces shall be oriented away from neighboring windows and minimize glare toward vehicular traffic and adjacent properties. Where necessary, the city may require additional screening to address glare. The proposed solar panels are covered by anti-reflective, anti-glare glass. 8. Utility Connection: a. All utilities shall be installed underground. According to the applicant, none are required since the proposed solar energy system is roof- mounted. b. An exterior utility disconnect switch shallbe installed at the electric meter serving the property. The proposed project includes the required exterior switch. c. Solar energy systems shall be grounded to protect against natural lightning strikes in conformance with the national electrical code. According to the applicant, this is incorporated into the system’s design and will be verified by the electrical inspector. d. No solar energy system shall be interconnected with a local electrical utility company until the company has provided the appropriate authorization to the city, in compliance with the national electrical code. The applicant is required to submit this information as part of the building permit submittal. 9. Safety: a. Standards: Solar energy systems shall meet the minimum standards outlined by the International Electrotechnical Commission (IEC), the American Society Of Heating, Refrigerating, And Air- Conditioning Engineers (ASHRAE), ASTM International, British Standards Institution (BSI), International Organization For Standardization (ISO), Underwriter's Laboratory (UL), the Solar Rating And Certification Corporation (SRCC) or other standards as determined by the city building official. b. Certification: Solar energysystems shall be certified by Underwriters Laboratories, Inc., and the National Renewable Energy Laboratory, the Solar Rating And Certification Corporation or other body as determined by the community development director. The city reserves the right to deny a building permit for proposed solar energy systems deemed to have inadequate certification. According to the applicant, the proposed project will be compliant with these requirements. 5/24/16 Planning Commission Packet - Page 14 10. Easements: Solar energy systems shall not encroach upon any public drainage, utility, roadway, or trail easements. The proposed solar energy system will not encroach on any easements. 11. Abandonment: Any solar energy system which remains nonfunctional or inoperable for a continuous period of twelve (12) months shall be deemed to be abandoned and shall be deemed a public nuisance. The owners shall remove the abandoned system, including the entire structure and transmission equipment, at their expense after obtaining a demolition permit. This requirement is included as a conditional of approval. Title 12-1L-6-E-1 of the City Code contains standards for reviewing conditional use permit requests; the following are to be taken into consideration: The effect of the proposed use upon the health, safety, and welfare of occupants or surrounding lands; existing and anticipated traffic conditions including parking facilities on adjacent streets; and the effect of the proposed use on the comprehensive plan. In addition, the following standards must be met: The proposed use will not be detrimental to the health, safety or general welfare of the community; will not cause serious traffic congestion nor hazards; will not seriously depreciate surrounding property value; and the proposed use is in harmony with the general purpose and intent of the City Code and the comprehensive plan. Based on the information included in the application submittal and provided by the applicant, the proposed project is compliant with the applicable solar energy system and conditional use permit standards. ALTERNATIVES 1.Recommend approval of the conditional use permit request, based on the attached findingof fact thatthe proposed project is compliant with the applicable City Code requirements, with conditions. OR 2.Recommend denial of the conditional use permit request, based on the findings of fact determined by the Planning Commission and/or City Council. OR 3.Table the request and direct staff to extend the application review period an additional 60 days, in compliance with MN STAT. 15.99. STAFF RECOMMENDATION Staff recommends approval of the conditional use permitrequest based on the findingof factthat the proposed project is compliant with the applicable City Code requirements(Alternative 1), with the following conditions: 1.The applicant obtains a building permit prior to installation of the proposed solar energy system. 5/24/16 Planning Commission Packet - Page 15 2.If the proposed solar energy system remains nonfunctional or inoperable for a continuous period of twelve (12) months, it shall be deemed to be abandoned and shall be deemed a public nuisance. 3.If abandoned, the property owners shall remove the abandoned system, including the entire structure and transmission equipment, at their expense after obtaining a demolition permit. MATERIALS INCLUDED FORREVIEW 1.Aerial site map 2.Planning applications, including supporting materials 5/24/16 Planning Commission Packet - Page 16 Planning Case 2016-11 City of 1002 Oxford Court Mendota 030 Heights Date: 5/13/2016 SCALE IN FEET 999 1854 1862 1000 PROJECT AREA 151 1002 1870 3374 107 992 1004 998 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. 5/24/16 Planning Commission Packet - Page 17 5/24/16 Planning Commission Packet - Page 18 5/24/16 Planning Commission Packet - Page 19 5/24/16 Planning Commission Packet - Page 20 5/24/16 Planning Commission Packet - Page 28 5/24/16 Planning Commission Packet - Page 29 5/24/16 Planning Commission Packet - Page 30 5/24/16 Planning Commission Packet - Page 31 applicant from - Photo Example 5/24/16 Planning Commission Packet - Page 32 5/24/16 Planning Commission Packet - Page 33 Benjamin D & Josephi DahlagerBrian C & Mary B GleasonBruce M & Ellen Johnson 1883 Walsh Ln997 Stratford Rd1870 Walsh Ln Mendota Heights Mn 55118Mendota Heights Mn 55118-4215Saint Paul Mn 55118-4242 Carol Ann FrenzCharles E & Christin FrostChelsey Vivian Laura Griggs 1842 Rolling Green Curv1000 Oxford Ct1845 Victoria Rd Saint Paul Mn 55118-4230Mendota Heights Mn 55118Mendota Heights Mn 55118 Christian A HummelCity of Mendota HeightsElizabeth J Tuohy 1882 Walsh Ln1101 Victoria Curv1877 Victoria Rd S Mendota Heights Mn 55118-4242Saint Paul Mn 55118-4167Mendota Heights Mn 55118 Elizabeth Klas PolomeEric S & Joann W PasternackGregory & E Lundgren 1861 Victoria Rd S1854 Walsh Ln1853 Walsh Ln Mendota Heights Mn 55118Mendota Heights Mn 55118Saint Paul Mn 55118-4238 Ian S GrunbergJames R & Janice K WenkerJodi K Coronis-odonovan 1875 Walsh La1842 Walsh Ln1839 Walsh Ln Saint Paul Mn 55118-4238Saint Paul Mn 55118-4239Saint Paul Mn 55118-4238 John J AllenJohn M & Ellen J SchreierKevin E Roe 1002 Oxford Ct1853 Victoria Rd S1885 Victoria Rd S Saint Paul Mn 55118-4248Mendota Heights Mn 55118Mendota Heights Mn 55118 Lana HurleyLeonard & Linda L AxelrodMary M McDougall 992 Stratford Rd1899 Walsh Ln1003 Stratford Rd Saint Paul Mn 55118-4249Saint Paul Mn 55118-4238Saint Paul Mn 55118-4262 Mary Penelope RoszakNicholas J & Anita A WillsPatricia A Lawson 988 Stratford Rd1869 Victoria Rd999 Oxford Ct Saint Paul Mn 55118-4249Mendota Heights Mn 55118Saint Paul Mn 55118-4248 Phillip A & Lindsay BengtsonPhillip E & Linda GillReed & Karen Smidt 1834 Walsh Ln1861 Walsh Ln1906 Walsh Ln Mendota Heights Mn 55118Saint Paul Mn 55118-4238Mendota Heights Mn 55118 Richard W FloederRobert W SalisburyRoberta D Parnell 1891 Walsh Ln984 Stratford Rd1848 Rolling Green Curv Mendota Heights Mn 55118Saint Paul Mn 55118-4249Mendota Heights Mn 55118 5/24/16 Planning Commission Packet - Page 34 S Edward & Mary MaehrenShneur Z BendetThomas A & Cynthia M Kraack 986 Stratford Rd998 Stratford Rd1001 Oxford Ct Saint Paul Mn 55118-4249Mendota Heights Mn 55118Saint Paul Mn 55118-4248 Thomas G KrausThomas H FaustThomas L & Julie Weisbecker 1841 Walsh Ln1009 Stratford Rd1862 Walsh Ln Mendota Heights Mn 55118Mendota Heights Mn 55118Saint Paul Mn 55118-4242 Thomas R & Robin L YardicToby J & Stephanie MeyerTrudy J Sheire 987 Stratford Rd983 Stratford Rd1854 Rolling Green Curv Saint Paul Mn 55118-4215Mendota Heights Mn 55118Saint Paul Mn 55118-4230 Vivian W KuntzWilliam & Carol Kiemele 1004 Stratford Rd1867 Walsh Ln Mendota Heights Mn 55118-4249Saint Paul Mn 55118-4238 5/24/16 Planning Commission Packet - Page 35 5/24/16 Planning Commission Packet - Page 36 5/24/16 Planning Commission Packet - Page 37 5c Request for Planning Commission Action MEETING DATE:May 24, 2016 TO: Planning Commission FROM: Nolan Wall, AICP – Planner SUBJECT:Planning Case 2016-14 Conditional Use Permit – 701 Mendota Heights Road ISD 197 – Friendly Hills Middle School COMMENT: Introduction The applicant, on behalf of Independent School District 197,is seeking a conditional use permit to install a roof-mounted solar energy system at 701 Mendota Heights Road. Background The subject parcelis approximately 30 acres and contains the Friendly Hills Middle School campus.The proposed solar energy system is complaint with the applicable City Code standards for such a structure and for conditional use permits. The proposed conditions of approval require a building permit to be issued prior to installation and abandonment provisions. Discussion The City is using its quasi-judicial authority when considering action on subdivision and zoning requests and has limited discretion; a determination regarding whether or not the request meets the applicable code standards is required. Recommendation Staff recommends the Planning Commission discuss the request in this caseand make a recommendation to the City Council. Action Required This matter requires a simple majority vote. 5/24/16 Planning Commission Packet - Page 38 Planning Staff Report DATE: May 24, 2016 TO: Planning Commission FROM: Nolan Wall, AICP – Planner SUBJECT:Planning Case 2016-14 Conditional Use Permit APPLICANT: TruNorth Solar, LLC PROPERTY ADDRESS:701 Mendota Heights Road – Friendly Hills Middle School ZONING/GUIDED: R-1 One-Family Residential/S-School ACTION DEADLINE:June 24, 2016 DESCRIPTION OF THE REQUEST The applicant, on behalf of Independent School District 197,is seeking a conditional use permit to install a roof-mounted solar energy system at 701 Mendota Heights Road. Title 12-1D-18-A allows solar energy systems as a conditional use in all zoning districts, subject to conditions. BACKGROUND The subject parcelis approximately 30 acres and contains the Friendly Hills Middle School campus. The City Council recently adopted Ordinance 485 creating standards for alternative energy systems, as part of Planning Case 2015-34. The intent wasto ensure the same standards are applied to each solar energy system in an effort to encourage sustainable practices that do not adversely impact the community. ANALYSIS Comprehensive Plan Solar access protection is included in the Land Use Plan-Resource Protection section of the 2030 Comprehensive Plan(page 72-73): Solar Access Protection TheCityofMendotaHeights has historically planned for solaraccess protection withinits ComprehensivePlans.Therationaleforincluding a solaraccessprotectionelementinthe ComprehensivePlanistoassuretheavailability of directsunlighttosolarenergysystems. A large share of the energy consumed inMinnesotaisusedfor purposes that solar energy could wellservesuchas space heating and cooling, domestic hotwaterheatingandlow-temperature industrialprocesses.Collectionofsolarenergyrequiresprotectionofsolarcollectors’skyspace. Solar skyspaceistheportionoftheskythatmust be free of intervening treesorstructuresfor acollectortoreceiveunobstructed sunlight. Accordingto the Minnesota EnergyAgency,“simple 5/24/16 Planning Commission Packet - Page 39 flatplatecollectorshave thepotentialtosupplyone-halfofMinnesota’s space heating, cooling, water heating and low-temperatureindustrialprocess heat requirements.” SolarAccessGoalsandPolicies: Goal 1: Protect reasonableaccess to direct sunlight for solar energy systems. Policies: Consider modification of existing ordinances toprotectaccessofdirectsunlightto rooftops of all principal structures. Encouragedeveloperstoestablishcovenantsthat do notrestrictthedevelopment and use of active and/or passive solar energy systems. Encouragebuildingsanddeveloperstooffersolarenergysystemoptions,totheextent practical,forspaceheatingandcoolingandhotwaterheatingin new residential, commercialandindustrialdevelopments. Conditional Use Permit Title 12-1D-18-A-3 of the City Code includes the following standards for roof-mounted solar energy systems: Roof Mounted Systems: a. Height: The maximum height of the system shall not exceed the structure height requirements in the applicable zoning district. The proposed solar energy systemwill extend approximately 17 inches above the roof structure, but will not be located above the highest point of the existing building. b. Setbacks: The system shall comply with all building setback requirements in the applicable zoning district and shall not extend beyond the exterior perimeter of the building on which the system is mounted. The proposed solar energy systemwill not extend beyond the exterior perimeter of the building. c. Mounting: The system shall be flush mounted on pitched roofs or may be bracket mounted on flat roofs. Bracket mounted collectors shall only be permitted when a determination is provided by a licensed professional qualified to certify that the underlying roof structure will support loading requirements and all applicable building standards are satisfied. The proposed solar energy systemwill be bracket-mounted to the flat roof structure. The applicant has provided a structural engineering report to certify that the roof joists are capable of holding the entire load of the array and ballast. d. Maximum Area: The system shall not cover more than eighty percent (80%) of the roof section upon which the panels are mounted. The proposed solar panel area is 6,250square feet, which will occupy approximately 46% of the total applicable roof section. In addition, Title 12-1D-18 of the City Codeincludes the following additional conditions forall solar energy systems: 5. Screening: Solar energy systems shall be screened from view to the extent possible without impacting their function. Systems located within the business and industrial zoning districts may 5/24/16 Planning Commission Packet - Page 40 be required to comply with the standards in subsection 12-1D-13-2C7 of this article where practical. The proposed solar energy system will be bracket-mounted tothe roof structure facing Mendota Heights Road. The 18-inch parapet walls will obscure view of the panels from the road or surrounding residential properties. 6. Color: Solar energy systems shall use colors that blend with the color of the roof material on which the system is mounted or other structures. The proposed solar panels are dark-blue with aluminum frames, but will not be visible from the road or surrounding residential properties. 7. Glare: Reflection angles from collector surfaces shall be oriented away from neighboring windows and minimize glare toward vehicular traffic and adjacent properties. Where necessary, the city may require additional screening to address glare. The proposed solar panels are tilted at a 12-degree angle and are made from non-reflective glass. 8. Utility Connection: a. All utilities shall be installed underground. b. An exterior utility disconnect switch shall be installed at the electric meter serving the property. c. Solar energy systems shall be grounded to protect against natural lightning strikes in conformance with the national electrical code. d. No solar energy system shall be interconnected with a local electrical utility company until the company has provided the appropriate authorization to the city, in compliance with the national electrical code. According to the applicant,the proposed project will be compliant with all of the utility connection requirements. Staff will verify compliance during the building permit review process. 9. Safety: a. Standards: Solar energy systems shall meet the minimum standards outlined by the International Electrotechnical Commission (IEC), the American Society Of Heating, Refrigerating, And Air- Conditioning Engineers (ASHRAE), ASTM International, British Standards Institution (BSI), International Organization For Standardization (ISO), Underwriter's Laboratory (UL), the Solar Rating And Certification Corporation (SRCC) or other standards as determined by the city building official. b. Certification: Solar energy systems shall be certified by Underwriters Laboratories, Inc., and the National Renewable Energy Laboratory, the Solar Rating And Certification Corporation or other body as determined by the community development director. The city reserves the right to deny a building permit for proposed solar energy systems deemed to have inadequate certification. According to the applicant, the proposed project will be compliant with all of the safety requirements. Staff will verify compliance during the building permit review process. 10. Easements: Solar energy systems shall not encroach upon any public drainage, utility, roadway, or trail easements. The proposed solar energy system will not encroach on any easements. 11. Abandonment: Any solar energy system which remains nonfunctional or inoperable for a continuous period of twelve (12) months shall be deemed to be abandoned and shall be deemed a public nuisance. The owners shall remove the abandoned system, including the entire structure and transmission equipment, at their expense after obtaining a demolition permit. 5/24/16 Planning Commission Packet - Page 41 This requirement is included as a conditional of approval. Title 12-1L-6-E-1 of the City Code contains standards for reviewing a conditional use permit request; the following are to be taken into consideration: The effect of the proposed use upon the health, safety, and welfare of occupants or surrounding lands; existing and anticipated traffic conditions including parking facilities on adjacent streets; and the effect of the proposed use on the comprehensive plan. In addition, the following standards must be met: The proposed use will not be detrimental to the health, safety or general welfare of the community; will not cause serious traffic congestion nor hazards; will not seriously depreciate surrounding property value; and the proposed use is in harmony with the general purpose and intent of the City Code and the comprehensive plan. Based on the information included in the application submittal and provided by the applicant, the proposed project is compliant with the applicable solar energy system and conditional use permit standards. ALTERNATIVES 1.Recommend approval of the conditional use permit request, based on the attached findingof fact thatthe proposed project is compliant with the applicable City Code requirements, with conditions. OR 2.Recommend denial of the conditional use permit request, based on the findings of fact determined by the Planning Commission and/or City Council. OR 3.Table the request and direct staff to extend the application review period an additional 60 days, in compliance with MN STAT. 15.99. STAFF RECOMMENDATION Staff recommends approval of the conditional use permitrequest based on the findingof factthat the proposed project is compliant with the applicable City Code requirements(Alternative 1), with the following conditions: 1.The applicant obtains a building permit prior to installation of the proposed solar energy system. 2.If the proposed solar energy system remains nonfunctional or inoperable for a continuous period of twelve (12) months, it shall be deemed to be abandoned and shall be deemed a public nuisance. 3.If abandoned, the property owners shall remove the abandoned system, including the entire structure and transmission equipment, at their expense after obtaining a demolition permit. MATERIALS INCLUDED FOR REVIEW 1.Aerial site map 2.Planning applications, including supporting materials 5/24/16 Planning Commission Packet - Page 42 Planning Case 2016-14 City of 701 Mendota Heights Road Mendota Friendly Hills Middles School 0230 Heights Date: 5/13/2016 SCALE IN FEET 23672366 647 2374 741 699 2375 695 691 687683677 671 705 737 2384 735 650 LN APACHE 704 731 740 2381 666 670 686680674 690 700694 2385 648 736 729 732 649 728 724 648 723 724 2455 2455 2455 701 2459 2450 2461 2465 2458 2471 2464 2458 2464 PROJECT 2470 2480 AREA 2489 2490 701 2480 2489 2490 2490 2499 2500 2500 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. 5/24/16 Planning Commission Packet - Page 43 5/24/16 Planning Commission Packet - Page 44 5/24/16 Planning Commission Packet - Page 45 5/24/16 Planning Commission Packet - Page 46 5/24/16 Planning Commission Packet - Page 47 5/24/16 Planning Commission Packet - Page 48 5/24/16 Planning Commission Packet - Page 49 5/24/16 Planning Commission Packet - Page 50 5/24/16 Planning Commission Packet - Page 51 5/24/16 Planning Commission Packet - Page 52 5/24/16 Planning Commission Packet - Page 53 Adam & Kimberly SmithAdrian D & Sarah B WaltzAdrian D Stetler 649 Hampshire Dr642 Hampshire Dr2574 Concord Way Mendota Heights Mn 55120Mendota Heights Mn 55120Mendota Heights Mn 55120 Albert R & Catherine SpottkeAlfred R & Virginia PieperAllen L & Carol Peterson 2497 Lockwood Dr2471 Hampshire Ct2385 Apache Ct Saint Paul Mn 55120-1746Mendota Heights Mn 55120Saint Paul Mn 55120-1649 Ami SpevacekAndrew BrownAndrew Brown 2493 Lockiwood Dr2532 Brookfield Ln2532 Brookfield Ln Mendota Heights Mn 55120Mendota Heights Mn 55120Mendota Heights Mn 55120 Andrew BrownAnn AckermanAnn Ackerman 2532 Brookfield Ln1 Broadway Unit 3111 Broadway Unit 311 Mendota Heights Mn 55120Tacoma Wa 98402Tacoma Wa 98402 Ann E HanebuthAnn E HanebuthAnn M Garvey 2521 Concord Way2521 Concord Way2533 Concord Way Mendota Heights Mn 55120Mendota Heights Mn 55120Mendota Heights Mn 55120-1701 Ann M GarveyAnne Marie ThomsonAnthony & Suzanne Haider 2533 Concord Way2544 Claremont DrJpmorgan Chase Bank NA 2530 Arbor Ct Mendota Heights Mn 55120-1701Mendota Heights Mn 55120Mendota Heights Mn 55120 Anthony W PetersonAnthony W PetersonArnold Oliver Tste Helgemoe 2536 Brookfield Ln2536 Brookfield Ln2491 Lockwood Dr W Mendota Heights Mn 55120Mendota Heights Mn 55120Mendota Heights Mn 55120 Barbara E WingBarbara E WingBarbara E Wing 2591 Heritage Dr2591 Heritage Dr2591 Heritage Dr Mendota Heights Mn 55120-1738Mendota Heights Mn 55120-1738Mendota Heights Mn 55120-1738 Bernard P & Damaris FrielBernard P & Damaris FrielBonnie L Hollenbeck 750 Mohican Lane750 Mohican Ln2543 Concord Way Saint Paul Mn 55120-1633Saint Paul Mn 55120-1633Mendota Heights Mn 55120-1701 Bonnie L HollenbeckBradley R MarvyBradley R Marvy 2543 Concord Way2511 Wilshire Ct2511 Wilshire Ct Mendota Heights Mn 55120-1701Mendota Heights Mn 55120-1706Mendota Heights Mn 55120-1706 5/24/16 Planning Commission Packet - Page 54 Bridget Ellen GarveyBridget Ellen GarveyBruce Carter 2252 Concord Way2252 Concord Way2530 Haverton Cir Mendota Heights Mn 55120Mendota Heights Mn 55120Mendota Heights Mn 55120 Bruce G & Cherie L ReichowBruce L & Signe A BobbittCarl J II & Linda C Sommerer 2374 Apache Ct2455 Hampshire Ct680 Apache Lane Saint Paul Mn 55120-1684Saint Paul Mn 55120-1900Saint Paul Mn 55120-1648 Carol L BjorklundCarol L BjorklundCarol L Bjorklund 2506 Concord Way2506 Concord Way2506 Concord Way Mendota Heights Mn 55120-1700Mendota Heights Mn 55120-1700Mendota Heights Mn 55120-1700 Carol L SheppardCarol L SheppardCatherine A Harrison 2564 Concord Way2564 Concord Way14213 Desert Flower Dr N Mendota Heights Mn 55120-1728Mendota Heights Mn 55120-1728Fountain Hills Az 85268 Catherine P MooreCatherine P MooreCatherine P Moore 2567 Heritage Dr2567 Heritage Dr2567 Heritage Dr Mendota Heights Mn 55120Mendota Heights Mn 55120Mendota Heights Mn 55120 Chad D LemmonsChristopher J TschidaCity of Mendota Heights 677 Apache Ln2465 Hampshire Ct1101 Victoria Curv Saint Paul Mn 55120-1671Mendota Heights Mn 55120Saint Paul Mn 55118-4167 City of Mendota HeightsCity of Mendota HeightsCity of Mendota Heights 1101 Victoria Curv1101 Victoria Curv1101 Victoria Curv Saint Paul Mn 55118-4167Saint Paul Mn 55118-4167Saint Paul Mn 55118-4167 City of Mendota HeightsCity of Mendota HeightsCity of Mendota Heights 1101 Victoria Curv1101 Victoria Curv1101 Victoria Curv Saint Paul Mn 55118-4167Saint Paul Mn 55118-4167Saint Paul Mn 55118-4167 Colleen & John Tste LepakConstance A Tstee PowellCourtney A Hopper 674 Apache Ln2480 Lockwood Dr2527 Wilshire Ct Mendota Heights Mn 55120Mendota Heights Mn 55120-1743Mendota Heights Mn 55120 Courtney A HopperCourtney A SekevitchCourtney A Sekevitch 2527 Wilshire Ct2536 Wilshire Ct2536 Wilshire Ct Mendota Heights Mn 55120Mendota Heights Mn 55120Mendota Heights Mn 55120 5/24/16 Planning Commission Packet - Page 55 Courtney A SekevitchCraig J OlsonCraig J Olson 2536 Wilshire Ct2544 Concord Way2544 Concord Way Mendota Heights Mn 55120Mendota Heights Mn 55120-1701Mendota Heights Mn 55120-1701 Cynthia R WidmanCynthia R WidmanDaniel A Halsey % Cynthia R Allen 2532 Wilshire Ct% Cynthia R Allen 2532 Wilshire Ct17766 Langford Blvd Mendota Heights Mn 55120Mendota Heights Mn 55120Prior Lake Mn 55372 Daniel A HalseyDaniel A HalseyDaniel Edwards Rostratter 17766 Langford Blvd17766 Langford Blvd2483 Stockbridge Rd Prior Lake Mn 55372Prior Lake Mn 55372Mendota Heights Mn 55120 Daniel J KellyDaniel O Tste AdamsDavid C & Joann K Coen 736 Mohican Ct1145 Tonkawa Rd2375 Apache Ct Saint Paul Mn 55120-1632Long Lake Mn 55356-9241Saint Paul Mn 55120-1683 David C FriedmanDavid C FriedmanDavid Duschane 2502 Concord Way2502 Concord Way2483 Lockwood Dr Mendota Heights Mn 55120-1700Mendota Heights Mn 55120-1700Mendota Heights Mn 55120 David L PolarekDavid L PolarekDavid L Polarek 2513 Wilshire Ct2513 Wilshire Ct2513 Wilshire Ct Mendota Heights Mn 55120-1706Mendota Heights Mn 55120-1706Mendota Heights Mn 55120-1706 David R & Stacy S JacobsonDean E McDowellDennis L & Carol A Mashuga 728 Mohican Ct695 Apache Ln754 Havenview Ct Saint Paul Mn 55120-1632Mendota Heights Mn 55120Saint Paul Mn 55120-1800 Diana FisherDiana FisherDominique B & Susan Najjar 2573 Heritage Dr2573 Heritage Dr2476 Bridgeview Ct Mendota Heights Mn 55120Mendota Heights Mn 55120Mendota Heights Mn 55120-1600 Donald & Mary KietzmannDonald & Mary KietzmannDonald E & Marie A Matheson 2542 Concord Way2542 Concord Way2522 Wilshire Ct Mendota Heights Mn 55120Mendota Heights Mn 55120Mendota Heights Mn 55120-1706 Donald E & Marie A MathesonDouglas H GreggDouglas H Gregg 2522 Wilshire Ct2517 Wilshire Ct2517 Wilshire Ct Mendota Heights Mn 55120-1706Mendota Heights Mn 55120Mendota Heights Mn 55120 5/24/16 Planning Commission Packet - Page 56 Douglas J NewbergElaine WagnerElaine Wagner 731 Mohican Ct2545 Concord Way2545 Concord Way Mendota Heights Mn 55120-1632Mendota Heights Mn 55120Mendota Heights Mn 55120 Elfi Ehrlich JanssenElfi Ehrlich JanssenElizabeth A Christenson 2516 Wilshire Ct2516 Wilshire Ct2513 Concord Way Mendota Heights Mn 55120-1706Mendota Heights Mn 55120-1706Mendota Heights Mn 55120-1700 Elizabeth A ChristensonElizabeth M CollinsEstelle M Brouwer 2513 Concord Way2487 Lockwood Dr Unit 56704 Apache Ln Mendota Heights Mn 55120-1700Saint Paul Mn 55120-1745Mendota Heights Mn 55120-1647 Ez Lease and Lend IncFeifarek Family TrustFeifarek Family Trust Po Box 759822540 Concord Way2540 Concord Way Saint Paul Mn 55175Mendota Heights Mn 55120Mendota Heights Mn 55120 Feifarek Family TrustGeorge W PerezGheorghe Axinia 2540 Concord Way2522 Claremont Dr2490 Wilshire Ct Mendota Heights Mn 55120Mendota Heights Mn 55120-1726Mendota Heights Mn 55120 Gheorghe AxiniaGregory M & Diane L LothenbachGregory N & Juana V Seivert 2490 Wilshire Ct2473 Lockwood Dr724 Mohican Ct Mendota Heights Mn 55120Saint Paul Mn 55120-1743Saint Paul Mn 55120-1632 Gregory P TschannHeather L PolskiHeather L Polski 687 Apache Ln2515 Concord Way2515 Concord Way Mendota Heights Mn 55120Mendota Heights Mn 55120-1700Mendota Heights Mn 55120-1700 Howard J Jr & Patric AbbottHubert Paul PhillippsIndependent School Dist 197 2550 Claremont Dr2539 Stockbridge Rd1897 Delaware Ave Mendota Heights Mn 55120Saint Paul Mn 55120-1712Mendota Heights Mn 55118 Independent School Dist 197Inessa P VigdorichInessa P Vigdorovich 1897 Delaware Ave2546 Concord Way2546 Concord Way Mendota Heights Mn 55118Mendota Heights Mn 55120-1701Mendota Heights Mn 55120-1701 Jacqueline A BlissenbachJacqueline A BlissenbachJacqueline O Huot 2504 Concord Way2504 Concord Way2472 Lockwood Dr Mendota Heights Mn 55120Mendota Heights Mn 55120Saint Paul Mn 55120-1743 5/24/16 Planning Commission Packet - Page 57 James & Diane TschidaJames & Diane TschidaJames A Tste Geske 2508 Concord Way2508 Concord Way690 Apache Ln Mendota Heights Mn 55120Mendota Heights Mn 55120Mendota Heights Mn 55120 James D ChildJames D ChildJames M & Sally R McLaughlin 2565 Heritage Dr2565 Heritage Dr2480 Mendota Heights Cir Mendota Heights Mn 55120Mendota Heights Mn 55120Saint Paul Mn 55120-1690 James R & Beverly M AdamsJames R & Beverly M AdamsJames R & Beverly M Adams 2550 Concord Way2550 Concord Way2550 Concord Way Mendota Heights Mn 55120-1728Mendota Heights Mn 55120-1728Mendota Heights Mn 55120-1728 James R & M Kathleen WoodsJames R LeeJames R Lee 2472 Hampshire Ct2515 Wishire Ct2515 Wishire Ct Saint Paul Mn 55120-1900Mendota Heights Mn 55120Mendota Heights Mn 55120 Jan FrancoJana B Tste PatrickJane I Kase 2489 Lockwood Dr2536 Arbor Ct2547 Concord Way Saint Paul Mn 55120-1745Mendota Heights Mn 55120Mendota Heights Mn 55120 Jane I KaseJane M LandrevilleJane P Mitchell 2547 Concord Way2455 Bridgeview Ct2587 Heritage Dr Mendota Heights Mn 55120Saint Paul Mn 55120-1610Mendota Heights Mn 55120-1738 Jane P MitchellJanet A HawnJann Cronje 2587 Heritage Dr2524 Claremont Dr2572 Concord Way Mendota Heights Mn 55120-1738Mendota Heights Mn 55120Mendota Heights Mn 55120 Jean M KosowskiJean M KosowskiJean Witson 2554 Concord Way2554 Concord Way2506 Claremont Dr Mendota Heights Mn 55120-1728Mendota Heights Mn 55120-1728Mendota Heights Mn 55120-1736 Jerome & Sandra NeavinJerome & Sandra NeavinJesse M Dheilly 1573 Christensen Ave1573 Christensen Ave2560 Concord Way West Saint Paul Mn 55118West Saint Paul Mn 55118Mendota Heights Mn 55120-1728 Jesse M DheillyJoan R LennonJoan R Lennon 2560 Concord Way% Charles Lennon 1063 Chippewa Ave2524 Wilshire Ct Mendota Heights Mn 55120-1728Mendota Heights Mn 55118Mendota Heights Mn 55120-1706 5/24/16 Planning Commission Packet - Page 58 Joann FrostJoann FrostJoanne & Jason M Tschida 2526 Wilshire Ct2526 Wilshire Ct2450 Bridgeview Ct Mendota Heights Mn 55120Mendota Heights Mn 55120Mendota Heights Mn 55120-1600 John A & Lillian E LarsonJohn F & Cathie SteinerJohn M & Jill M Reamer 2537 Stockbridge Rd648 Hampshire Dr2489 Mendota Heights Cir Saint Paul Mn 55120-1712Saint Paul Mn 55120-1934Saint Paul Mn 55120-1690 John M MagnussonJohn P KennellyJohn P Kennelly 2530 Claremont Dr2571 Heritage Dr Unit 1052571 Heritage Dr Unit 105 Mendota Heights Mn 55120-1726Mendota Heights Mn 55120Mendota Heights Mn 55120 John R & Deborah L KatzmarkJose S & Perla P AgpoonJose S & Perla P Agpoon 2461 Bridgeview Ct1835 Pilgrim Pkwy1835 Pilgrim Pkwy Saint Paul Mn 55120-1610Brookfield Wi 53005Brooksfield Wi 53005 Joseph D Tste RitaccoJoseph J & Patricia KormanJoseph L & Maxine L Caskinette 2576 Concord Way2500 Claremont Dr2504 Claremont Dr Saint Paul Mn 55120-1741Mendota Heights Mn 55120Mendota Heights Mn 55120-1736 Joseph LeumanJoseph LeumanJoseph Scott & Emily Childs 2581 Heritage Dr2581 Heritage Dr2381 Apache Ct Mendota Heights Mn 55120Mendota Heights Mn 55120Mendota Heights Mn 55120-1649 Julia M McBride-bibbyJulia M McBride-bibbyKara A Sheehan 2597 Heritage Dr2597 Heritage Dr2527 Concord Way Mendota Heights Mn 55120Mendota Heights Mn 55118Mendota Heights Mn 55120 Kara A SheehanKaren J AndersonKaren J Anderson 2527 Concord Way2514 Wilshire Ct2514 Wilshire Ct Mendota Heights Mn 55120Mendota Heights Mn 55120-1706Mendota Heights Mn 55120-1706 Karen J BergstromKaren J BergstromKarol H Baumeister 2523 Wilshire Ct2523 Wilshire Ct2470 Lockwood Dr Mendota Heights Mn 55120-1706Mendota Heights Mn 55120-1706Mendota Heights Mn 55120 Katherine SchwartzKatherine SchwartzKathleen A Cheesebrough 2511 Concord Way2511 Concord Way2496 Wilshire Ct Inver Grove Heights Mn 55120Inver Grove Heights Mn 55120Mendota Heights Mn 55120-1706 5/24/16 Planning Commission Packet - Page 59 Kathleen A CheesebroughKathleen A PopeKathleen A Pope 2496 Wilshire CtPo Box 130923Po Box 130923 Mendota Heights Mn 55120-1706Saint Paul Mn 55113Saint Paul Mn 55113 Kathleen A QuitterKathleen M JohnsonKathleen M Johnson 4210 Bridgewood Ter2526 Brookfield Ln2526 Brookfield Ln Vadnais Heights Mn 55127Mendota Heights Mn 55120-1702Mendota Heights Mn 55120-1702 Kathryn & Sean DoyleKendal A & Marlene G FitzerKenneth K Kauffman 700 Apache Ln691 Apache Ln2467 Bridgeview Ct Mendota Heights Mn 55120Saint Paul Mn 55120-1671Saint Paul Mn 55120-1610 Kevin & Maureen Tste LahrKrista J IsleyKundai Mtunga 2384 Apache Ct2543 Stockbridge Rd2575 Heritage Dr Saint Paul Mn 55120-1684Mendota Heights Mn 55120Mendota Heights Mn 55120-1667 Kundai MtungaKundai MtungaLaurel T Boerger 2575 Heritage Dr2575 Heritage Dr2563 Heritage Dr Mendota Heights Mn 55120-1667Mendota Heights Mn 55120-1667Mendota Heights Mn 55120-1737 Laurel T BoergerLawrence & Rienalda LucioLeslie A McCormick 2563 Heritage Dr2475 Lockwood Dr2595 Heritage Dr Mendota Heights Mn 55120-1737Saint Paul Mn 55120-1743Mendota Heights Mn 55120-1738 Leslie A McCormickLinda M StrommerLinda M Strommer 2595 Heritage Dr2510 Wilshire Ct2510 Wilshire Ct Mendota Heights Mn 55120-1738Mendota Heights Mn 55120Mendota Heights Mn 55120 Linda M StrommerLynne M RoeMargaret I Woods 2510 Wilshire Ct2459 Hampshire Ct694 Apache Ln Mendota Heights Mn 55120Saint Paul Mn 55120-1900Saint Paul Mn 55120-1648 Margaret J SoshnikMargaret J SoshnikMargaret M Sanchez 2534 Wilshire Ct2534 Wilshire Ct2523 Concord Way Mendota Heights Mn 55120Mendota Heights Mn 55120Mendota Heights Mn 55120-1700 Margaret M SanchezMaria Alejandra HallMaria Alejandra Hall 2523 Concord Way2492 Wilshire Ct2492 Wilshire Ct Mendota Heights Mn 55120-1700Mendota Heights Mn 55120Mendota Heights Mn 55120 5/24/16 Planning Commission Packet - Page 60 Maria Alejandra HallMarilyn E CornmanMarilyn E Cornman 2492 Wilshire Ct2512 Wilshire Ct2512 Wilshire Ct Mendota Heights Mn 55120Mendota Heights Mn 55120Mendota Heights Mn 55120 Marilyn J RobinsonMarilyn J RobinsonMarilyn K Siemers Po Box 398078Po Box 3980782561 Heritage Dr Edina Mn 55439Edina Mn 55439Mendota Heights Mn 55120 Marilyn K SiemersMarvin David KauffmanMary G & James R Dietz 2561 Heritage Dr636 Hampshire Dr7623 W Starry Night Ln Mendota Heights Mn 55120Saint Paul Mn 55120-1933Tucson Az 85743 Mary G & James R DietzMary L TullyMary M Fuller 7623 W Starry Night Ln2486 Lockwood Dr2548 Claremont Dr Tucson Az 85743Saint Paul Mn 55120-1745Mendota Heights Mn 55120 Mary T MaherMary T MaherMaureen Bausch 2520 Wilshire Ct2520 Wilshire Ct750 Havenview Ct Mendota Heights Mn 55120-1706Mendota Heights Mn 55120-1706Mendota Heights Mn 55120 Maureen D Wintz HigginsMaxine Stoven GroutMaxine Stoven Grout 2485 Lockwood Dr2530 Brookfield Ln2530 Brookfield Ln Mendota Heights Mn 55120Mendota Heights Mn 55120-1702Mendota Heights Mn 55120-1702 Maxine WestMaxine WestMaxine West 2517 Concord Way2517 Concord Way2517 Concord Way Mendota Heights Mn 55120-1700Mendota Heights Mn 55120-1700Mendota Heights Mn 55120-1700 Michael G ErnstMichel A PleauMichele F Kvikstad 732 Mohican Ct5332 Upper 147th St W2462 Hampshire Ct Mendota Heights Mn 55120-1632Apple Valley Mn 55124Mendota Heights Mn 55120-1900 Michelle A McMullenMollie A OconnorMollie A Oconnor 2570 Concord Way2494 Wilshire Ct2494 Wilshire Ct Saint Paul Mn 55120-1741Mendota Heights Mn 55120-1706Mendota Heights Mn 55120-1706 Mollie MelemedMonica L RamstadMonica L Ramstad 2470 Bridgeview Ct2520 Brookfield Ln2520 Brookfield Ln Mendota Heights Mn 55120Mendota Heights Mn 55120-1702Mendota Heights Mn 55120-1702 5/24/16 Planning Commission Packet - Page 61 Monica L RamstadNikolas PatronasOrland G & M Gloria Rasmussen 2520 Brookfield Ln646 Pond View Ter2484 Lockwood Dr Mendota Heights Mn 55120-1702Mendota Heights Mn 55120Saint Paul Mn 55120-1745 Patricia K DeleboPatricia M RabusePatricia M Rabuse 650 Pond View Ter2566 Concord Way2566 Concord Way Mendota Heights Mn 55120Mendota Heights Mn 55120-1728Mendota Heights Mn 55120-1728 Patrick Benedict Rev ClearyPaul Kirkwood SnyderPaulette M Cameron 5908 Bradbury Ct1206 102nd St W2577 Heritage Dr Inver Grove Heights Mn 55076Inver Grove Heights Mn 55077-4702Mendota Heights Mn 55120 Paulette M CameronPeter A & Mary C Tst BretzmanPhilip E & Margaret Johnson 2577 Heritage Dr641 Hampshire Dr2458 Bridgeview Ct Mendota Heights Mn 55120Mendota Heights Mn 55120Saint Paul Mn 55120-1600 Ralph B KirshbaumRalph B KirshbaumRalph B Kirshbaum 2541 Concord Way2541 Concord Way2541 Concord Way Mendota Heights Mn 55120Mendota Heights Mn 55120Mendota Heights Mn 55120 Ramaiah & Vimala D MuthyalaRandall A & Karen J JohnsonRandy L & Cynthia Vindedahl 699 Apache Ln2456 Hampshire Ct648 Pond View Terr Saint Paul Mn 55120-1671Saint Paul Mn 55120-1900Saint Paul Mn 55120-1929 Richard & Constance SummersRichard B and Diana OdeaRichard E Carlson 2499 Lockwood Dr2468 Hampshire Ct2585 Heritage Dr Mendota Heights Mn 55120Saint Paul Mn 55120-1900Mendota Heights Mn 55120-1738 Richard E CarlsonRichard G & Pamela J KunkelRichard J & Barbara Gabriel 2585 Heritage Dr705 Apache Ln670 Apache Ln Mendota Heights Mn 55120-1738Mendota Heights Mn 55120-1670Saint Paul Mn 55120-1648 Richard J Jr WilliamsRobert & Olga GrunRobert E & Sheryl Leverton 2501 Lockwood Dr645 Hampshire Dr735 Mohican Ct Mendota Heights Mn 55120Saint Paul Mn 55120-1935Saint Paul Mn 55120-1632 Rochelle HoodRochelle M EmmelRoger J Cornetto 2502 Claremont Dr2541 Stockbridge Rd723 Mohican Ct Mendota Heights Mn 55120Saint Paul Mn 55120-1712Saint Paul Mn 55120-1632 5/24/16 Planning Commission Packet - Page 62 Sally Y Revocable Tr CohenSandra R AaronSandra R Aaron 2545 Stockbridge Rd2525 Concord Way2525 Concord Way Mendota Heights Mn 55120Mendota Heights Mn 55120Mendota Heights Mn 55120 Sandra R AaronSara Lynn FrankSharon L Koll 2525 Concord Way2540 Claremont Dr2508 Claremont Dr Mendota Heights Mn 55120Mendota Heights Mn 55120Saint Paul Mn 55120-1736 Sheelagh Frost RussellSheelagh Frost RussellSheryl A Helgemoe 2521 Wilshire Ct2521 Wilshire Ct2477 Lockwood Dr Mendota Heights Mn 55120Mendota Heights Mn 55120Saint Paul Mn 55120-1743 Simon J III & Susan BlattnerSimon J III & Susan BlattnerSimon J III & Susan Blattner 1341 Greenwillow Ln Unit G1341 Greenwillow Ln Unit G1341 Greenwillow Ln Unit G Glenview Il 60025Glenview Il 60025Glenview Il 60025 Stephen G & Michele HaighSteve & Susan GranerSteve & Susan Graner 2490 Mendota Heights Cir2524 Brookfield Ln2524 Brookfield Ln Saint Paul Mn 55120-1690Mendota Heights Mn 55118Mendota Heights Mn 55118 Steve ChortekSteven & Deirdre GollingerSteven A Mager 2499 Mendota Heights Cir686 Apache Ln729 Mohican Ct Mendota Heights Mn 55120Saint Paul Mn 55120-1648Saint Paul Mn 55120-1632 Steven C & Cynthia NelsonSteven M BrielmaierSunny Andriy Chen 666 Apache Ln2546 Claremont Dr2537 Concord Way Saint Paul Mn 55120-1648Mendota Heights Mn 55120Mendota Heights Mn 55120 Sunny Andriy ChenSunny Andriy ChenSusan L Gabel 2537 Concord Way2537 Concord Way2482 Lockwood Dr Mendota Heights Mn 55120Mendota Heights Mn 55120Saint Paul Mn 55120-1743 Sylvia Jean CookThomas AltonThomas C & Kathryn H Kidd 2526 Claremont Dr2500 Mendota Heights Cir2478 Lockwood Dr Saint Paul Mn 55120-1726Saint Paul Mn 55120-1690Mendota Heights Mn 55120-1743 Thomas C & Marsha A KnuthThomas J & Ellen M EngquistThomas J Sr Tstee Spaniol 740 Mohican Ct2542 Claremont Dr2471 Lockwood Dr Mendota Heights Mn 55120-1632Saint Paul Mn 55120-1725Mendota Heights Mn 55120 5/24/16 Planning Commission Packet - Page 63 Thomas K PerryThomas P & Marian M NiemiecThomas P & Marian M Niemiec 737 Mohican Ct2525 Wilshire Ct2525 Wilshire Ct Saint Paul Mn 55120-1632Mendota Heights Mn 55120Mendota Heights Mn 55120 Thomas P & Marian M NiemiecTim J OskeyTodd A & Melissa S Wickard 2525 Wilshire Ct671 Apache Ln760 Havenview Ct Mendota Heights Mn 55120Mendota Heights Mn 55120Saint Paul Mn 55120-1800 Townhomes of Kensington Cond AssocVicki L LarsonVicki L Larson 14800 Galaxie Ave Ste 1052531 Concord Way2531 Concord Way Apple Valley Mn 55124Mendota Heights Mn 55120-1701Mendota Heights Mn 55120-1701 William M & Debra A WardwellWn Jr & Mary Ellen Kappes 2464 Bridgeview Ct683 Apache Ln Mendota Heights Mn 55120-1600Saint Paul Mn 55120-1671 5/24/16 Planning Commission Packet - Page 64 5/24/16 Planning Commission Packet - Page 65 5/24/16 Planning Commission Packet - Page 66 5d Request for Planning Commission Action MEETING DATE:May 24, 2016 TO: Planning Commission FROM: Nolan Wall, AICP – Planner SUBJECT:Planning Case 2016-12 Variance – 2165 Timmy Street COMMENT: Introduction The applicant is seeking to reconstruct a deck onto an existing single-family dwelling and requires a variance from the side yard setback requirementsin the R-1 Zoning District. Background The subject parcelis 14,914square feet andcontains an existing single-family residential dwellingwith a side-loaded attached garage on the corner of Timmy Street and Cullen Avenue. A previous property owner constructed the existing deck approximately 2.5 feet from the northern property boundary linein the side/rear yard, which is non-compliant with the required side yard setback standard. Since the deck is proposed to be demolished and reconstructed, the applicant is required to seek the appropriate approvals necessary for any proposed encroachments into the required setback areas. The applicant proposes to reconstructthe deck 4 feet into the side yardfor 35 feet in length, which requires a 3-foot varianceand significantlyreduces the existing encroachment. Staff contends the portion of the proposed deck that serves as awalkway to access the rear yard can be further reduced and that no variance is necessary for the proposed deck thatextends into the rear yard. Staff recommends the width be reduced to 3 feet, whichis the minimum width required by theBuilding Code and is consistent with recent approvals for similar requests. Discussion The City is using its quasi-judicial authority when considering action on subdivision and zoning requests and has limited discretion; a determination regarding whether or not the request meets the applicable code standards is required. Recommendation Staff recommends the Planning Commission discuss the request in this caseand make a recommendation to the City Council. Action Required This matter requires a simple majority vote. 5/24/16 Planning Commission Packet - Page 67 Planning Staff Report DATE: May 24, 2016 TO: Planning Commission FROM: Nolan Wall, AICP – Planner SUBJECT:Planning Case 2016-12 Variance APPLICANT: Richard Dugan PROPERTY ADDRESS:2165 Timmy Street ZONING/GUIDED: R-1 One-Family Residential/LR-Low Density Residential ACTION DEADLINE:June 21, 2016 DESCRIPTION OF THE REQUEST The applicant is seeking to reconstruct a deck onto an existing single-family dwelling and requires a variance from the side yard setback requirementsin the R-1 Zoning District. BACKGROUND The subject parcelis 14,914square feet andcontains an existing single-family residential dwellingwith a side-loaded attached garage constructed in 1976 on the corner of Timmy Street and Cullen Avenue. A previous property owner constructed adeck wrapping around the northwest corner of the existing dwelling into the side and rear yards. Based on information provided by the applicant, the existing deck is located approximately 2.5feet from the northern property boundary linein the side/rear yardand is therefore non-compliant with the required side yard setback standard. Since the deck is proposed to be demolished and reconstructed, the applicant is required to seek the appropriate approvals necessary for any proposed encroachments into the required setback areas. ANALYSIS Comprehensive Plan The subject parcel is guided LR-Low Density Residential in the 2030 Comprehensive Plan. The applicant’s request to reconstruct an existing deck on the property is consistent with the continued use as a single- family residential dwelling. Variance According to Title 12-1E-3-D-3-A of the City Code, the side yard setback standard for the R-1 District is: 5/24/16 Planning Commission Packet - Page 68 1 /of the height of the structure contiguous to the side yard, whichever is greater, 10' on each side or 2 to a maximum of 15' In this case, the existing/proposed deck is located off the dwelling’s main level and is bound by the 10-foot minimum side yard setback standard. As a result, the existing non-conforming deck is subject to the following provision, as in Title 12-1D-1-A of the City Code: Continuance Of Nonconforming Use, Structure Or Land: Any structure or use lawfully existing upon the effective date of this chapter may be continued at the size and in a manner of operation existing upon such date except as hereinafter specified. According to the applicant, the existing dwelling is located 11 feet from the north property boundary line and contains a patio door opening into the side yard to access the portion of the deck extending into the rear yard. The existing deck extends 8.5feet from the dwellinginto the side yard. The proposed deck would extend 4 feet into the side yardfor 35 feet in length, which requires a 3-foot 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 reconstruct a deck onto the existing single-family 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 side yard. The portion of the proposed deck encroaching into the side yard is intended only to be used as a walkway for accessing the compliant portion of the deck in the rear yard. The purpose of the side yard setback standard is to discourage crowding and maintain open space between dwellings. As a result of the reduced encroachment and existing conditions, the intent of the side yard setback standard is met. 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 dwelling and deck were constructedby a previous property owner. The subject parcel isa corner lot and is just under the R-1 District’s 15,000-square foot minimum lot size. Due to the increased side yard setback required for corner lots along rights-of-way, it is assumed that the existing dwelling was constructed as far to the north as possible. As a result, a practical difficulty exists to access the proposed rear yard deckthrough the existing above-ground patio door in compliance with the side yard setback requirements. Staff contends the portion of the proposed deck that serves as a 4-foot walkway to access the rear yard portion of the deck can be further reduced and that no variance is necessary for the proposed deck that extends off the west side of the dwelling into the rear yard. According to the Building Code, 3feet is the minimum width of a landing required for a walkway. As a result, staff recommends the width be reduced to that standard and that no portion of the proposed deck can extend furtherthan 3 feet from the northwest corner of the existing dwelling. Attached is a revised site plan depicting staff’s recommendation for consideration by the Planning Commission. 3.The request will not alter the essential character of the neighborhood. The reconstructed deck/walkwayproposed to encroach into the required side yard abuts the adjacent property’s side yard to the north, which also appears to be constructed at or near the 10-foot setback. As proposed, the 4-foot-wide walkway is intended only to provide access to the rear yard portion of the deck and will not negatively impact the neighboring property due to the proposed reduced encroachment and limited-use capabilities. 5/24/16 Planning Commission Packet - Page 69 ALTERNATIVES 1.Recommend approval of the 3-foot variance requestproposed by the applicant, based on the attached finding of fact, with conditions. OR 2.Recommend approval of the 2-foot variance proposed by staff, based on the attached findings of fact, with conditions. OR 3.Recommend denial of the variance request, based on the findings of fact determined bythe Planning Commission and/or City Council. OR 4.Table the request and direct staff to extend the application review period an additional 60 days, in compliance with MN STAT. 15.99. STAFF RECOMMENDATION Staff recommends approval of the 2-foot variance requestto allow construction of a 3-foot-wide walkway from the existing patio door to access the sideyard and compliant portion of the proposed deck in the rear yard,based on theattached findings of fact(Alternative 2), with the following conditions: 1.The proposed encroachment shall extend no further than threefeet from the northwest corner of the existing dwelling to provide access to the compliant portion of the proposed deck in the rear yard. 2.Within one year of approval by the City Council, the applicant shall obtaina building permit for construction of the deck. MATERIALS INCLUDED FOR REVIEW 1.Aerial site map 2.Revised site plan depicting staff’s recommendation 3.Planning applications, including supporting materials 5/24/16 Planning Commission Packet - Page 70 FINDINGS OF FACT FOR APPROVAL Variance Request 2165 Timmy Street The following Findings of Fact are made in support of approval of the variance request in this case: 1.Construction of the proposed deck/walkway within the required setback to access the side yard and compliant deck structure in the rear yard, through an existing above-grade patio door, is a reasonable use of the property and meets the purpose and intent of the City Code and Comprehensive Plan. 2.Due to the subject parcel’s existing conditions, a practical difficulty is demonstrated in order to construct a walkway/landing within the required side yard setback to access a compliant deck structure from within the existing dwellingand provide safe access to the side yard. 3.As proposed, the request would significantly reduce the existing encroachment and would not allow for useable deck space in the side yard or negatively impact the essential character of the neighborhood. 5/24/16 Planning Commission Packet - Page 71 Planning Case 2016-12 City of 2165 Timmy Street Mendota 025 Heights Date: 5/13/2016 SCALE IN FEET 2155 2154 Existing Encroachment 150 2165 1071 130 E CULLEN AV 60 110 125 1062 1068 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. 5/24/16 Planning Commission Packet - Page 72 -----10'----- I 3' I RevisedSitePlan-StaffRecommendation ----3'---- NOTTOSCALE 5/24/16 Planning Commission Packet - Page 73 5/24/16 Planning Commission Packet - Page 74 5/24/16 Planning Commission Packet - Page 75 5/24/16 Planning Commission Packet - Page 76 5/24/16 Planning Commission Packet - Page 77 5/24/16 Planning Commission Packet - Page 78 5/24/16 Planning Commission Packet - Page 79 Aaron MenzaBarry W & Diane M BicanichBeatrice H Tste Langford 1053 Wagon Wheel Trl2145 Timmy St2138 Theresa St Mendota Heights Mn 55120Saint Paul Mn 55120-1313Saint Paul Mn 55120-1308 Christopher & Demetr CanavatiCity of Mendota HeightsCity of Mendota Heights 2166 Timmy St1101 Victoria Curv1101 Victoria Curv Mendota Heights Mn 55120-1667Saint Paul Mn 55118-4167Saint Paul Mn 55118-4167 Dean HobbsDennis ZoffEdward R Tste Sutich 1057 Wagon Wheel Trl2150 Lexington Ave S1071 Cullen Ave Mendota Heights Mn 55120-1319Saint Paul Mn 55120-1210Mendota Heights Mn 55120 Eric & Joy M OstremGregory J & Mary A BaileyJohn J & Sharon R Liska 2151 Theresa St2132 Theresa St2160 Timmy St Saint Paul Mn 55120-1309Saint Paul Mn 55120-1308Saint Paul Mn 55120-1312 Justin R & Valerie K JongbloedtJustin R & Valerie K JongbloedtKaren Lee Johnson 1096 Cullen Ave1096 Cullen Ave2158 Lexington S Mendota Heights Mn 55120Mendota Heights Mn 55120Saint Paul Mn 55120-1210 Maria E CalderonMatthew C & Meghan K MohsMichael A & Shannon Parkos 6406 E Blanche Dr2140 Timmy St1062 Cullen Ave Scottsdale Az 85254Saint Paul Mn 55120-1312Mendota Heights Mn 55120 Michael E LucenteMichael T & Carolyn PilneyMorris J Allen 2135 Timmy St2154 Theresa St2161 Theresa St Mendota Heights Mn 55120Saint Paul Mn 55120-1308Saint Paul Mn 55120-1309 Paul M & Bridget A GlaserRichard F SkrivanekRichard F Tste Dugan 2125 Timmy St2155 Timmy St2165 Timmy St Mendota Heights Mn 55120Saint Paul Mn 55120-1313Saint Paul Mn 55120-1313 Richard W & Anne M PostRosemary E MossbergSamuel R Shepard 1090 Cullen Ave2150 Timmy St2141 Theresa St Saint Paul Mn 55120-1301Saint Paul Mn 55120-1312Saint Paul Mn 55120-1309 Shirley M HetheringtonSteve & Jodi LowaryThomas T & Marlys J Palmer 2144 Theresa St1098 Cullen Ave1050 Williams Ct Saint Paul Mn 55120-1308Mendota Heights Mn 55120Mendota Heights Mn 55120-1302 5/24/16 Planning Commission Packet - Page 80 Timothy E & Anne S McQuillanU S West Inc 2130 Timmy Ave% Centurylink Property Tax Dept Po Mendota Heights Mn 55120Box 7909 Overland Park Ks 66207 5/24/16 Planning Commission Packet - Page 81 5/24/16 Planning Commission Packet - Page 82 5/24/16 Planning Commission Packet - Page 83 5e Request for Planning Commission Action MEETING DATE:May 24, 2016 TO: Planning Commission FROM: Nolan Wall, AICP – Planner SUBJECT:Planning Case 2016-13 Lot Split and Variance – 810/804 Ridge Place COMMENT: Introduction The applicantsare seeking approval to subdivide an undevelopedportion of 810 Ridge Placeto be combined with 804 Ridge Place. The request requires City Council approval before being recorded by Dakota County. In addition, a variance is necessary to create a parcel that is non-conforming with the required minimum lot width standard for the applicable zoning district. Background The property owners of 810 Ridge Place are requesting approval to split a 1.95-acre parcel to sell to the property owner at 804 Ridge Placein order to control the view-shed behind the property. The subject parcels will maintain the existing side yard setbacks along the interior side lot line and existinglot widths along Ridge Place. If approved, the property in-question will be combined into 804 Ridge Place and is not intended to be developed at this time. The proposed lot split would create atemporary non-conformity with the R-1 District’s lot width standard since it would have no frontage on a dedicated right-of-way. Discussion The City is using its quasi-judicial authority when considering action on subdivision and zoning requests and has limited discretion; a determination regarding whether or not the request meets the applicable code standards is required. Recommendation Staff recommends the Planning Commission discuss the request in this caseand make a recommendation to the City Council. Action Required This matter requires a simple majority vote. 5/24/16 Planning Commission Packet - Page 84 Planning Staff Report DATE: May 24, 2016 TO: Planning Commission FROM: Nolan Wall, AICP – Planner SUBJECT:Planning Case 2016-13 Lot Split and Variance APPLICANT: Scott and Nancy Knowlton/John Steenberg PROPERTY ADDRESS:810/804 Ridge Place ZONING/GUIDED: R-1 One-Family Residential/LR-Low Density Residential ACTION DEADLINE:June 21, 2016 DESCRIPTION OF THE REQUEST The applicantsare seeking approval to subdivide an undevelopedportion of 810 Ridge Placeto be combined with 804 Ridge Place. The request requires City Council approval before being recorded by Dakota County. In addition, a variance is necessary to create a parcel that is non-conforming with the required minimum lot width standard for the applicable zoning district. BACKGROUND The property owners of 810 Ridge Place (Sommerset Hills No. 2, Lot 6) are requesting approval to split a 1.95-acre parcel to sell to the property owner at 804 Ridge Place(Sommerset Hills No. 2, Lot 7) in order to control the view-shed behind the property. The subject parcels will maintain the existing side yard setbacks along the interior side lot line and existinglot widths along Ridge Place. Since the entirety of the existing lot line is not being adjusted, the proposal is considered a lot split and not a lot line adjustment. If approved, the property in-question will be combined into Lot 7and is not intended to be developed at this time. ANALYSIS Comprehensive Plan The subject parcels areguided LR-Low Density Residential in the 2030 Comprehensive Plan. The request to split a portion of an existing single-family residential parcel for purposes of combination with an adjacent parcelof the same useis consistent with the continued use of both parcels as low density residential uses. Lot Split Title 11-3-2 of the City Code (Subdivision Ordinance) allows the subdivision of parcels, provided that the resulting lots are compliant with the requirements of the applicable zoning district. As shown in the table 5/24/16 Planning Commission Packet - Page 85 below based on the attached survey, the proposed lot split would create a temporary non-conformity with the R-1 District’s minimum lot width standard: R-1District Proposed ParcelLot 6 (810 Ridge Place)Lot 7 (804 Ridge Place) StandardExistingProposedExistingProposedExistingProposed 15,000 SF Lot AreaN/A1.95 acres 3.81 acres 1.86 acres 4.81 acres 6.76 acres (0.34 acres) 0 ft. –no 1 Lot Width100 ft. N/A124.30 ft. 163.70 ft. frontage 1 The maximum horizontal distance between the side lot lines of a lot measured within the first thirty feet (30') of the lot depth. Every lot must have the minimum frontage as required in the zoning ordinance on a city approved street other than an alley. In order to ensure the non-conformity created by the proposed lot split iseliminatedwithin a reasonable amount of time, a condition of approval is included requiring the private property owner to combine and dissolve the newly-created parcel by October 31, 2016. Variance When considering the variancefor the proposed subdivision requestin this case, the City isrequired 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 request to subdivide a portion of private, undeveloped residential property in order to be combined and dissolved into the adjacent private residential property is a reasonable use of both properties. While the request will create a temporary non-conformity, the end result will have no impacts on the existing lot widths or side yard setbacks. 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 property in-question does not have any frontage on a dedicated right-of-way, as required by the City Code, and is not intended to create an additional buildable lot.Due to the topography and orientation to the street, the existing dwelling on Lot 7looks out over the rear yard of Lot 6. The proposed subdivisionensures thatLot 7 hasownership of the existing view-shed, without constraining potential future improvements into the rear and side yards on Lot 6. Based on the existing conditions, a practical difficulty in subdividing the property in-question in order to combine and dissolve into the adjacent private property, in compliance with the applicable zoning standards, is demonstrated. 3.The request will not alter the essential character of the neighborhood. The proposed lot split will have no visual impacts on the existing conditions of either property. The new interior side lot line configuration will provide for an east/west alignment that is consistent with the parcels to the north along Ridge Place and will not alter the essential character of the neighborhood. ALTERNATIVES 1.Recommend approval of the subdivision and variance requests, based on the attached finding of fact, with conditions. OR 5/24/16 Planning Commission Packet - Page 86 2.Recommend denial of the subdivision and variance requests, based on the findings of fact determined by the Planning Commission and/or City Council. OR 3.Table the request and direct staff to extend the application review period an additional 60 days, in compliance with MN STAT. 15.99. STAFF RECOMMENDATION Staff recommends approval of the subdivision and variance requests, based on theattached findings of fact (Alternative 1), with the following conditions: 1.Upon closing on the sale of the property in-question, and no later than October 31, 2016, the property owner shall berequired to combine and dissolve the property into Lot 7 (804 Ridge Place). 2.The applicants shall dedicate the required drainage and utility easements along the new interior side lot line, as shown on the Certificate of Survey included inthe application materials, with Dakota County. MATERIALS INCLUDED FOR REVIEW 1.Aerial site map 2.Planning applications, including supporting materials 5/24/16 Planning Commission Packet - Page 87 FINDINGS OF FACT FORAPPROVAL Lot Split and Variance Requests 810/804 Ridge Place The following Findings of Fact are made in support of approval of the variance request in this case: 1.The proposed subdivision request meets the purpose and intent of the City Code and is consistent with the Comprehensive Plan. 2.The property in-question is not proposed to be split in order to create an additional buildable lot. 3.The temporary non-conformity created by the proposed subdivision will be eliminated once the property in-question is combined and dissolved by the property owner of Lot 7. 4.The proposed subdivision ensures that Lot 7 hasownership of the existing view-shed, without constraining potential future improvements into the rear and side yards on Lot 6. 5.The proposed subdivision will have no visual impacts on the existing conditions of either property and the new interior side lot line configuration will provide an alignment that is consistent with the parcels to the north along Ridge Place. 6.Approval of the requests will not negatively impact the essential character of the neighborhood. 5/24/16 Planning Commission Packet - Page 88 Planning Case 2016-13 City of 810-804 Ridge Place Mendota 0100 Heights Date: 5/2/2016 SCALE IN FEET 8221919 1940 816 789 23 2 810 13 0 800 804 790 8 26 836 404 224 83 0 8 3 2 8 3 4 8 4 2 8 4 0 8 5 0 8 4 4 8 5 4 8 5 2 8 5 6 HWY 110 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. 5/24/16 Planning Commission Packet - Page 89 5/24/16 Planning Commission Packet - Page 90 5/24/16 Planning Commission Packet - Page 91 5/24/16 Planning Commission Packet - Page 92 5/24/16 Planning Commission Packet - Page 93 5/24/16 Planning Commission Packet - Page 94 5/24/16 Planning Commission Packet - Page 95 5/24/16 Planning Commission Packet - Page 96 5/24/16 Planning Commission Packet - Page 97 Planning Case 2016-13 Site Photos: 810/804 Ridge Place Looking Southwest from 804 Ridge Place Looking West from 804 Ridge Place Source: Applicant (05.13.16) 5/24/16 Planning Commission Packet - Page 98 Planning Case 2016-13 Site Photos: 810/804 Ridge Place Looking Northwest from 804 Ridge Place Source: Applicant (05.13.16) 5/24/16 Planning Commission Packet - Page 99 Carl Richard GuitonCarol A & James J WeisebeckerCharles J Townsend 822 Ridge Pl1910 Wachtler Ave1919 Wachtler Ave Mendota Heights Mn 55118-4304Mendota Heights Mn 55118Mendota Heights Mn 55118-4333 City of Mendota HeightsCity of Mendota HeightsCity of Mendota Heights 1101 Victoria Curv1101 Victoria Curv1101 Victoria Curv Saint Paul Mn 55118-4167Saint Paul Mn 55118-4167Saint Paul Mn 55118-4167 David A & Margaret A BoyumDavid C MandtGerard A & Leona Jenniges 1940 Wachtler Ave825 Ridge Pl800 Ridge Pl Saint Paul Mn 55118-4332Saint Paul Mn 55118-4304Saint Paul Mn 55118-4304 Jeffrey D & Maureen WilkeJohn D SteenbergJohn G & Joan Hagman 781 Ridge Pl804 Ridge Pl816 Ridge Pl Saint Paul Mn 55118-4327Mendota Heights Mn 55118Saint Paul Mn 55118-4304 John J & Kristie VanbogartMarjorie R Tste MineaMark M & Sara M Gergen 1920 Wachtler Ave772 Ridge Pl1900 Oak St Mendota Heights Mn 55118-4332Saint Paul Mn 55118-4339Mendota Heights Mn 55118 Maureen K HaggertyMendakota Country Club IncMichael W Maczko 790 Ridge Pl2075 Mendakota Dr872 Crown Cir Mendota Heights Mn 55118-4339Saint Paul Mn 55120-1300Mendota Heights Mn 55118-4219 Northern States Power CoPatrick Jr & Billie McQuillanSamuel M & Juneth E Joy % Property Tax Department 4141909 Wachtler828 Ridge Pl Nicollet MallSaint Paul Mn 55118-4333Saint Paul Mn 55118-4304 Minneapolis Mn 55401 Scott K & Nancy K KnowltonTc Country Club Inc 810 Ridge Pl2075 Mendakota Dr Saint Paul Mn 55118-4304Mendota Heights Mn 55120-1335 5/24/16 Planning Commission Packet - Page 100 5/24/16 Planning Commission Packet - Page 101 5/24/16 Planning Commission Packet - Page 102 5f Request for Planning Commission Action MEETING DATE:May 24, 2016 TO: Planning Commission FROM: Nolan Wall, AICP – Planner SUBJECT:Planning Case 2016-15 Variance – 2305 Apache Street COMMENT: Introduction The applicant is seeking to demolish and reconstruct an addition to an existing single-family dwelling and requires a variance from the side yard setback requirements in the R-1 Zoning District. Background The subject parcel contains an existing single-family residential dwellingwith an attached garage.A previous property owner constructed an addition onto the back of garage/side of the house, near the southern property boundary line. The applicant has submitteda building permit application to reconstruct the 98- square foot addition to accommodate a wheelchair access rampinto the dwellingfrom garage. Portions of the existing garage and addition encroach into the required side yard setback area. Since the non- conforming addition is proposed to be demolished and reconstructed within the same existing footprint, the applicant is required to seek the appropriate approvals necessary for any proposed encroachment. Discussion The City is using its quasi-judicial authority when considering action on subdivision and zoning requests and has limited discretion; a determination regarding whether or not the request meets the applicable code standards is required. Recommendation Staff recommends the Planning Commission discuss the request in this caseand make a recommendation to the City Council. Action Required This matter requires a simple majority vote. 5/24/16 Planning Commission Packet - Page 103 Planning Staff Report DATE: May 24, 2016 TO: Planning Commission FROM: Nolan Wall, AICP – Planner SUBJECT:Planning Case 2016-15 Variance APPLICANT: Michael Hayes PROPERTY ADDRESS:2305 Apache Street ZONING/GUIDED: R-1 One-Family Residential/LR-Low Density Residential ACTION DEADLINE:June 27, 2016 DESCRIPTION OF THE REQUEST The applicant is seeking to demolish and reconstruct an addition to an existing single-family dwelling and requires a variance from the side yard setback requirements in the R-1 Zoning District. BACKGROUND The subject parcelis 15,110square feet and contains an existing single-family residential dwellingwith an attached garage constructed in 1957. A previous property owner constructed an addition onto the back of garage/side of the house, near the southern property boundary line. The applicant has submitteda building permit application to demolish and reconstruct the 98-square foot addition to accommodate a wheelchair access rampinto the dwellingfrom the garage. Based on informationprovided by the applicant, portions of the existing garage and addition encroach into the required side yard setback area. Since the non-conforming addition is proposed to be demolished and reconstructed within the same existing footprint, the applicant is required to seek the appropriate approvals necessary for any proposed encroachment. ANALYSIS Comprehensive Plan The subject parcel is guided LR-Low Density Residential in the 2030 Comprehensive Plan. The applicant’s request to reconstruct an existing additionon the property is consistent with the continued use as a single- family residential dwelling. Variance According to Title 12-1E-3-D-3-A of the City Code, the side yard setback standard for the R-1 District is: 5/24/16 Planning Commission Packet - Page 104 1 /of the height of the structure contiguous to the side yard, whichever is greater, 10' on each side or 2 to a maximum of 15' In this case, the existing/proposed additionis bound by the 10-foot minimum side yard setback standard due to the structure’s height. As a result, the existing non-conforming additionis subject to the following provision, as in Title 12-1D-1-A of the City Code: Continuance OfNonconforming Use, Structure Or Land: Any structure or use lawfully existing upon the effective date of this chapter may be continued at the size and in a manner of operation existing upon such date except as hereinafter specified. The existing attached garage encroaches 5.2 feet into the required side yard setback area, however no exterior improvementsto itare included as part of the proposed project. The proposedaddition, tobe reconstructed within the same footprint as the existing condition, would encroach 1.6 feet into the side yard and requires a variance. When considering the variancerequest for the proposed additionin this case, the City isrequired 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 reconstruct an addition onto the existing single-family dwelling is a reasonable use of the property and consistent with the Comprehensive Plan. The existing encroachment will not be expanded and the improvements are necessary to reconstruct the addition in compliance with the applicable Building Code requirements. 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 existing dwelling and addition were constructed by a previous property owner and staff is unaware of the circumstances that transpired to create the existing encroachments into the side yard setback area. As shown on the survey, only a small portion of the existing addition is non-compliant with the 10-foot setbackand encroachesfarless than the existing attached garage. According to the applicant, in order to reconstruct the addition in compliance with the setback requirements,the ramp would have tobe moved inside the garage and would not allow adequate parking space for the wheelchair-accessible vehicle. As a result, the applicant has demonstrated a practical difficulty in meeting the required side yard setback in order to reconstruct the existingaddition in compliance with applicable codes. 3.The request will not alter the essential character of the neighborhood. The reconstructed addition’s roofline will now match the existing attached garage’sand the ramp will not be visible from outside the dwelling with the garage door closed. The reconstructed addition will have the same footprint as the existing condition and will bean improvement to the property, which will not alter the essential character of the neighborhood. ALTERNATIVES 1.Recommend approval of the variance request, based on the attached findingof fact, with conditions. OR 5/24/16 Planning Commission Packet - Page 105 2.Recommend denial of the variance request, based on the findings of fact determined by the Planning Commission and/or City Council. OR 3.Table the request and direct staff to extend the application review period an additional 60 days, in compliance with MN STAT. 15.99. STAFF RECOMMENDATION Staff recommends approval of the variance requestbased on theattached findings of fact(Alternative 1), with the following conditions: 1.The proposed encroachment for the reconstructed addition shall not extend further than the existing condition, as shown on the survey included in the application submittal. 2.Within one year of approval bythe City Council, the applicant shall obtain a building permit for construction of the proposed addition. MATERIALS INCLUDED FOR REVIEW 1.Aerial site map 2.Planning applications, including supporting materials 5/24/16 Planning Commission Packet - Page 106 FINDINGS OF FACT FOR APPROVAL Variance Request 2305 Apache Street The following Findings of Fact are made in support of approval of the variance request in this case: 1.Reconstruction ofan addition onto the existing single-family dwelling is a reasonable use of the property and consistent with the Comprehensive Plan. 2.The existing encroachment will not be expanded and the improvements are necessary to reconstruct the addition in compliance with applicable code requirements. 3.Only a small portion of the existing addition is non-compliant with the 10-foot setback and encroaches less than the existing attached garage. 4.Reconstruction ofthe addition in compliance with the setback requirementsrequires thewheelchair ramp be moved inside the garage and does not allow adequate parking space for a wheelchair- accessible vehicle. 5.The existing conditions were not created by the applicant and demonstrate a practical difficulty in meeting the required setback in order to reconstruct the existing addition in compliance with applicable codes. 6.The reconstructed addition’s roofline will now match the existing attached garage’sand the wheelchair ramp will not be visible from outside the dwelling with the garage door closed, which will not alter the essential character of the neighborhood. 5/24/16 Planning Commission Packet - Page 107 Planning Case 2016-15 City of 2305 Apache Street Mendota 020 Heights Date: 5/13/2016 SCALE IN FEET 2295 110 2305 2300 Existing Addition 771 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. 5/24/16 Planning Commission Packet - Page 108 5/24/16 Planning Commission Packet - Page 109 5/24/16 Planning Commission Packet - Page 110 5/24/16 Planning Commission Packet - Page 111 5/24/16 Planning Commission Packet - Page 112 5/24/16 Planning Commission Packet - Page 113 5/24/16 Planning Commission Packet - Page 114 5/24/16 Planning Commission Packet - Page 115 5/24/16 Planning Commission Packet - Page 116 5/24/16 Planning Commission Packet - Page 117 Adam R & Sarah A JohnsonBradley James CrosbyBrian M & Jaime M McBride 756 Pontiac Pl2276 Apache St787 Mohican Ln Mendota Heights Mn 55120Mendota Heights Mn 55120Saint Paul Mn 55120-1634 Cabrini G BrandlCharles J & Lois R ParsonsCharles S & Jean Mathison 761 Keokuk Ln2332 Apache St2294 Dodd Road Mendota Heights Mn 55120-1629Mendota Heights Mn 55120Mendota Heights Mn 55120 Christopher L Mary M GilbertCraig M & Kristine M WanamakerDavid K & Sandra L True 777 Keokuk Ln2331 Apache St771 Keokuk Ln Saint Paul Mn 55120-1631Saint Paul Mn 55120-1605Mendota Heights Mn 55120 Eugene D & K R HenricksonFrank PilneyGwendolyn F Raddatz 2283 Apache St1867 Warrior Dr777 Mohican Ln Saint Paul Mn 55120-1603Mendota Heights Mn 55118Mendota Heights Mn 55120 James & Bonita HoltJanet F ConwayJeffery L Eddy 750 Keokuk Ln2288 Apache St2270 Apache St Saint Paul Mn 55120-1628Mendota Heights Mn 55120-1675Mendota Heights Mn 55120 Jennifer Jo MunsonJeremy P KnutsonJessica M Brandolf 780 Keokuk Ln781 Mohican Ln2269 Apache St Mendota Heights Mn 55120Mendota Heights Mn 55120Mendota Heights Mn 55120-1603 Joel C & Julia W BennettJohn C & Michele A EdwardsKathleen Skradski 2295 Apache St2270 Dodd Rd786 Keokuk Ln Saint Paul Mn 55120-1603Saint Paul Mn 55120-1651Saint Paul Mn 55120-1630 Kyle S MichelLinda Kaye IreyLisa W & Patrick J Connelly 751 Keokuk Ln2275 Apache St772 Keokuk Ln Mendota Heights Mn 55120Saint Paul Mn 55120-1603Saint Paul Mn 55120-1630 Lucille L Tste RidleyMarcia F Haugen Revocable TstMary C Philblad 1786 Hillcrest Ave07/22/94757 Pontiac Pl Saint Paul Mn 55116753 Pontiac PlSaint Paul Mn 55120-1659 Mendota Heights Mn 55120-1659 Matthew D & Hope E WalburnMichael C GodesMichael D Hayes 2296 Apache St748 Pontiac Pl2305 Apache St Mendota Heights Mn 55120Saint Paul Mn 55120-1642Mendota Heights Mn 55120 5/24/16 Planning Commission Packet - Page 118 Michael J McLawsMichael S LeechNeil R Smeby 755 Keokuk Ln773 Mohican Ln795 Keokuk Ln Mendota Heights Mn 55120Saint Paul Mn 55120-1634Mendota Heights Mn 55120-1631 Rosemarie RuedRussell D Jr TillotsonThomas V & Janet J Parrish 787 Keokuk Ln2330 Apache St2289 Apache St Saint Paul Mn 55120-1631Saint Paul Mn 55120-1606Saint Paul Mn 55120-1603 5/24/16 Planning Commission Packet - Page 119 5/24/16 Planning Commission Packet - Page 120 5/24/16 Planning Commission Packet - Page 121 5g Request for Planning Commission Action MEETING DATE:May 24, 2016 TO: Planning Commission FROM: Nolan Wall, AICP – Planner SUBJECT:Planning Case 2016-17 Conditional Use Permit – 2535 Pilot Knob Road COMMENT: Introduction The applicant is seekinga conditional use permit to locate a weightlifting training facility in vacant space within an existing multi-tenant building at 2535 Pilot Knob Road. Background The proposed use would occupy 1,400 square feet of space in a 64,273-square foot multi-tenant flex building located at the northwest corner of the Pilot Knob Road/Northland Drive intersection. The proposed use qualifies for a conditional use permit under the “commercial recreation” definition as a recreational instruction/participative athletic use, fitness center,or sports training facility. The proposed use complies with the standard of review for conditional use permitsand should be compatible with the intent of the Industrial Zoning District. Discussion The City is using its quasi-judicial authority when considering action on subdivision and zoning requests and has limited discretion; a determination regarding whether or not the request meets the applicable code standards is required. Recommendation Staff recommends the Planning Commission discuss the request in this caseand make a recommendation to the City Council. Action Required This matter requires a simple majority vote. 5/24/16 Planning Commission Packet - Page 122 Planning Staff Report MEETING DATE: May 24, 2016 TO: Planning Commission FROM: Nolan Wall, AICP – Planner SUBJECT: Planning Case 2016-17 Conditional Use Permit APPLICANT: Derwin Weightlifting, LLC PROPERTY ADDRESS:2535 Pilot Knob Road – Pilot Knob Service Center ZONING/GUIDED: I Industrial/I Industrial ACTION DEADLINE:June 25, 2016 DESCRIPTION OF THE REQUEST The applicant is seekinga conditional use permit to locate a weightlifting training facility in vacant space within an existing multi-tenant buildingat 2535 Pilot Knob Road. Title 12-1G-2 of the City Code allows “commercial recreation” uses by conditional use permit in the Industrial District. BACKGROUND Derwin Weightlifting, LLC provides weightlifting coaching and trainingfor athletes of various skill levels. They are proposing to occupy approximately 1,400 square feet within 2,692 square feet of existing vacant space next to Mendota Crossfit, which is expanding into the remaining space, and plan to have some cross- over training betweenthe businesses. The applicant suggests limited weekday operations from 5:00 P.M – 8:00 P.M. and weekend hours are yet to be determined; attendance will vary from 10-15 people at a time. As part of Ordinance 491, included in Planning Case 2016-04, the City Council adopted several amendments to uses allowed within the Industrial District. Formerly, similar uses were allowed by conditional use permit under the “participative athletics” designation, including MendotaCrossfit. That use designation was removed and replaced with “commercial recreation, when conducted within a completely enclosed building” as a conditional use. The City Code also contains a corresponding definition to further clarify what uses may be permitted under the “commercial recreation” designation. ANALYSIS Comprehensive Plan The subject property is guided I-Industrial in the 2030 Comprehensive Plan.The proposed use qualifies as aconditional use in the applicable zoning district and is compliant with the Comprehensive Plan. Conditional Use Permit According to Title 12-1B-2 ofthe City Code,recently adopted as part of Ordinance 491, the following definition is applicable in this case: 5/24/16 Planning Commission Packet - Page 123 RECREATION, COMMERCIAL: Recreational instruction and participativeathleticuses, includingjump/trampoline center, golf range/simulator, fitness center, sports training facility, martial arts school, dance school, and similar uses. Staff interprets the use as qualifying for a conditional use permit under the “commercial recreation” definition as a recreational instruction/participative athletic use, fitness center, or sports training facility. Title 12-1L-6-E-1 of the City Code contains standards for reviewing a conditional use permit request; the following are to be taken into consideration: The effect of the proposed use upon the health, safety, and welfare of occupants or surrounding lands; existing and anticipated traffic conditions including parking facilities on adjacent streets; and the effect of the proposed use on the comprehensive plan. In addition, the following standards must be met: The proposed use will not be detrimental to the health, safety or general welfare of the community; will not cause serious traffic congestion nor hazards; will not seriously depreciate surrounding property value; and the proposed useis in harmony with the general purpose and intent of the City Code and the comprehensive plan. The Pilot Knob Service Center is a 64,273-square foot multi-tenant flex building located at the northwest corner of the Pilot Knob Road/Northland Drive intersection. There are currently a mix of office and warehouse uses occupying the building, as well as vacant spaces.The proposed use has limited hoursof operation, weekday evenings and weekends, which are opposite of most office uses that occupy the existing building. Based on 10-15 students per class and the proposed hours of operation, ample parking should exist to satisfy the proposed use’s demands. There is no reason to believe that the proposed use will be contrary to the standard of review for conditional use permitslisted aboveand should be compatible with the intent of the Industrial Zoning District.Staff is proposing to add a similar condition to that in-place for Mendota Crossfit, which limits hours of operation from 5:00 A.M. to 12:00 P.M. ALTERNATIVES 1.Approval of the Conditional Use Permit request, based on theattached findings of fact, with conditions. OR 2.Denial of the Conditional Use Permit request, based on the findings of fact determined by the Planning Commission and/or City Council. OR 3.Table the request and direct staff to extend the application review period an additional 60 days, in compliance with MN STAT. 15.99. STAFF RECOMMENDATION Staff recommends approval of the Conditional Use Permitfor the proposed useto operate as a “commercial recreation” use in the Industrial District,based on the findings of factthat the proposed use iscompliant with the applicable City Code requirements and isconsistent with the Comprehensive Plan, with the following conditions: 5/24/16 Planning Commission Packet - Page 124 1.All training and associated activities shall be conducted entirely within an enclosed building. 2.Outdoor storage and display of materials is prohibited. 3.A sign permit shall be required prior to installation of any additional tenant signage on the subject parcel/building. 4.A building permit shall be required prior to any applicable demolition or build-out of the proposed tenant space. MATERIALS INCLUDED FOR REVIEW 1.Aerial site map 2.Planning applications, including supporting materials 5/24/16 Planning Commission Packet - Page 125 Planning Case 2016-17 City of 2535 Pilot Knob Road Mendota 0100 Heights Date: 5/13/2016 SCALE IN FEET 2515 2515 130 144175 13025 55 PROPOSED SPACE 2506 25352535 2535 2535 1408 1408 1408 1440 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. 5/24/16 Planning Commission Packet - Page 126 5/24/16 Planning Commission Packet - Page 127 5/24/16 Planning Commission Packet - Page 128 5/24/16 Planning Commission Packet - Page 129 5/24/16 Planning Commission Packet - Page 130 5/24/16 Planning Commission Packet - Page 131 FOR LEASE Mendota Heights, Minnesota CONTACTS: PILOT KNOB SERVICE CENTER 2535 Pilot Knob Road Phil Simonet (952) 854-8381 Mendota Heights, Minnesota psimonet@paramountre.com Connor Ott FEATURES: (952) 854-8309 Excellent access to Interstates 494, 35E and Hwy 55 cott@paramountre.com Accommodates pure office, tech and warehouse users Minutes from Minneapolis/Saint Paul International Airport WEBSITE: Strong presence on Pilot Knob Road www.paramountre.com Corporate business park setting ADDRESS: BUILDING SPECIFICS: 3601 Minnesota Drive Suite 925 Bloomington, MN 55435 showroom/warehouse (952) 854-8290 13’ 6” clear warehouse ceiling height Dock high doors & drive-in doors (10’ x 10’) FAX: Ample parking (952) 854-8295 Responsive local ownership/property management 5/24/16 Planning Commission Packet - Page 132 5/24/16 Planning Commission Packet - Page 133 Crosswind LLCDakota Upreit Limited PartnershipKnitco Limited Partnership % Dungarvin Inc 1444 Northland Dr3003 32nd Ave S Ste 250% President 1450 Mendota Heights Rd Ste 200Fargo Nd 58103Mendota Heights Mn 55120 Mendota Heights Mn 55120 Mendota Mgmt Co LLCMilipitas-fleming AssociatesMilipitas-fleming Associates 2515 Pilot Knob Rd433 Camden Dr N Ste 1070433 Camden Dr N Ste 1070 Mendota Heights Mn 55120-1135Beverly Hills Ca 90210-4434Beverly Hills Ca 90210-4434 Milipitas-fleming AssociatesNorthland Drive Business Center LLCNorthland Land Co 433 Camden Dr N Ste 10702522 Northland Dr3500 80th St W Beverly Hills Ca 90210-4434Mendota Heights Mn 55120Minneapolis Mn 55431-1068 Pilot Knob LLCPilot Knob LLCPilot Knob LLC 1625 Energy Park Dr Ste 1001625 Energy Park Dr Ste 1001625 Energy Park Dr Ste 100 Saint Paul Mn 55108-2703Saint Paul Mn 55108-2703Saint Paul Mn 55108-2703 Pilot Knob LLC 1625 Energy Park Dr Ste 100 Saint Paul Mn 55108-2703 5/24/16 Planning Commission Packet - Page 134 5/24/16 Planning Commission Packet - Page 135