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2010-05-25 Planning Comm Agenda PacketCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PLANNING COMMISSION AGENDA May 25, 2010 - 7:00 P.M. 1) Call to Order 2) Roll Call 3) Approval of the Agenda 4) Approval of the April 27, 2010 Plamiing Commission Minutes 5) Hearings a) Case No. 10-12: Troy Troje, 574 Hiawatha Avenue — Application Withdrawn b) Case No. 10-14: Clear Wireless, LLC — 1850 Eagle Ridge Drive — Conditional Use Permit to Install Wireless Equipment on an Existing Rooftop. Public Hearing 7:00 P.M. c) Case No. 10-15: Marls Johnson, 1646 Mayfield Heights Road — Critical Area Permit for a Shed. Public Hearing 7:00 P.M. d) Case No. 10-16: Dorothy Haffely, 1857 Dodd Road — Conditional Use Permit and a Variance to the front yard setback to replace two structures (garage and utility building) with one three car garage. Public Hearing 7:00 P.M. e) Case No. 10-17: Crystal and Tracy Crocker, 665 Hidden Creek — Wetlands Permit to Plant Two Weeping Willow Trees. Public Hearing 7:00 P.M. f) Case No. 10-18: Elizabeth Tetzlaff, 995 Diego Lane — Conditional Use Permit for a 20 x 20 Shed. Public Hearing 7:00 P.M. g) Case No. 10-19: William Stein, 2465 Westview Terrace — Wetlands Permit to install a ground source heat pump. Public Hearing 7:00 P.M. 6) Verbal Review 7) 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 Administration at 651-452-1850 with requests. Plaavjing Commission Minutes Apri127, 2010 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PLANNING COMMISSION MINUTES APRIL 27, 2010 The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, April 27, 2010, in the Council Chambers at City Hall, 1101 Victoria Curve at 7:00 P.M. The following Commissioners were present: Chair Lally, Commissioners Field, Hennes, McManus, Norton, and Viksnins. Those absent: Commissioner Pavolny. Those present were Assistant to the City Administrator Jake Sedlacek, Acting Public Works Director/City Engineer Ryan Ruzek, and NAC Planner Stephen Grittman. Minutes were recorded by Carla Wirth. Approval of Alfarch 23 2010 Minutes COMMISSIONER NORTON MOVED, SECONDED BY COMMISSIONER MCMANUS, TO APPROVE THE MINUTES OF MARCH 23, 2010, AS PRESENTED. AYES 4 NAYS 0 ABSTAIN 2 (Commissioner Hennes and Viksnins) Review Planning Commission Rules of Order Chair Lally indicated that in light of the Public Hearings on tonight's agenda, this item will be considered after- Item 6, Hearings. Hearings PLANNING CASE #10-07 Aaron and Sarah Macke 744 Woodridge Drive Critical Area Permit to build a single family home Planner Stephen Grittman explained that Aaron and Sarah Macke are requesting approval of a Critical Area Permit in order to construct a new single family home at 744 Woodridge Drive. The parcel is zoned R-1, One Family Residential and a Critical Area Permit is required because the property is located within the Mississippi River corridor. Mr. Grittman reviewed the requirements for property within the Critical Area. He displayed a survey to identify the location of the proposed home, road alignment, topography, and bluff line which is not traversable. Mr. Grittman displayed and described exterior elevations of the proposed home, noting the driveway access will be on Woodridge Drive. Mr. Grittman explained it is common for the City to review Critical Area Permits for minor building additions but the review in this case was more extensive as it is an odd -shaped raw parcel. It was noted consideration was first ey Highway and the easterly property line would be the rear given that the 100 foot front setback would be from Sibl yard. The R-1 zoning district requires the rear yard to equal at least 20% of the lot, which would eclipse this being a buildable parcel. Thus, it was felt that analysis was flawed since the City did grant this parcel buildable status. The analysis used in the staff report assumed the building area began at the top of the bluff to the rear property line. In that case, the result allowed for adequate buildable area but only a 40 foot easterly setback. The proposed home was shifted 22 feet towards the bluff to retain a 62 foot rear setback. With regard to building height, Mr. Grittman stated the Critical Area allows a building 22 feet in height. As shown in the staff report, the building height would be measured based on the rear elevation of the home, which equals 27 feet. 14 PlCU717i17g Commission Hsondes April 27. 2010 Mr. Grittman stated the other features of the home construction meet the Code requirements. Due to the slopes, erosion control measures will be verified during construction drawing review. He advised the home meets the Critical Area requirements and the consideration is with the building height and setback requirements. Mr. Grittman advised that staff met with the applicants who expressed concern with staff's interpretation of front and rear setbacks based on their understanding at the time of the plat. It was the applicant's understanding that frontage from Woodridge Drive and the rear portion would be on Sibley Memorial Highway. If that interpretation is back and height requirements. Following that discussion, staff prepared taken, the home would meet the City's set e on alternative findings for the Planning Commission's consideration. Mr. Grittman explained that the frontag Woodridge Drive, when considered as a front setback, does not contain the width required by Code. However, it was the applicant's understanding that would be the front setback at the time of the plat. Should the Planning Commission concur with the applicant's understanding, the home would meet the City's setback and height requirements. Commissioner McManus asked if it is known whether development will take place on grades of 12-18%. Mr. Grittman advised construction will not take place on slopes that exceed 18% but in some areas between the range of 12-18%, which is not prohibited but requires additional control measures. Commissioner McManus asked if consideration is of a subjective nature, allowing the Planning Commission to concur with the applicant's understanding that Woodridge Drive would be the front setback. Mr. Grittinan stated staff reviewed the definitions for front and rear setbacks and found the Zoning Ordinance does not require a full 100 -foot width access to be considered the fi-ont yard. Thus, Woodridge Drive can be considered as the front. Commissioner McManus asked if there are any negative aspects to this consideration. Mr. Grittman stated there are positive aspects to the applicant's interpretation because it would move the structure farther from the bluff which is a goal of the Critical Area. The applicants also raised the point that keeping the structure in the area they propose would save more trees. Commissioner McManus asked if there is any impact on the neighbors. Mr. Grittman stated the primary impact would be in the elevation because as moved toward the bluff (westerly) the building height would be lowered by several feet. However, the applicants noted that if moved easterly, it would maintain more angular sight lines. Chair Lally noted that in the summer of 2008, the Council approved this lot split so this is a buildable lot. He noted that a requirement for a single family home is 100 feet of frontage on a public road. Mr. Grittman stated that is correct and the question tonight is the placement of the home on this buildable lot. Commissioner Viksnins questioned the Code requirement for detennination of the front and rear yards. Mr. Grittman stated the Code provides a definition but no technical guidance. He explained the requirements for through lots, that have frontage on two sides, and corner lots, noting this lot does not meet the pure definition of either. Commissioner Viksnins questioned the location of the garage. Mr. Grittman displayed a site plan and described the configuration of the house and garage. Commissioner Viksnins noted the front entry is off Ridgeway Road. Mr. Grittman concurred that is what the applicant's consider. Commissioner Hennes asked if the City Attorney has rendered an opinion on this matter. Mr. Grittman stated the City Attorney had not been consulted. Commissioner Hennes asked about the lot width on Woodridge Road. Mr. Grittman estimated 20 feet so most would be driveway. Commissioner Hennes stated he considers the front of the house to be based on the location of the entry. He asked if the address would be on Sibley Memorial Highway if the front frontage is calculated the other way. Mr. Grittman stated that is not necessarily the case since the Code does not consider addressing requirements. He explained that issue was addressed during the plat and at that time the prospective location of the building pad used a site closer to the bluff so setback application was not a problem. 15 Planning CDInn?WiO17 Mil7UleS April 27. 2010 Commissioner Hennes asked if it will be possible to view the house from the highway once the trees have foliage. Mr. Grittman stated it could probably not be viewed from the highway. Commissioner Field asked if the minutes were reviewed from the meeting when this lot split was approved. Assistant to the City Administrator Jake Sedlecek stated he reviewed both the Council and Planning Commission meeting minutes and there was no direct guidance on lot frontage. Commissioner Field stated it is his recollection that with the address as it is, the front would be from Woodridge Drive. He stated since it is not clear, he tends to concur with that opinion and it is most often the expectation that the address indicates the direction of the front of the house. The Commissioners reviewed and discussed the newly drafted findings of fact based on Woodridge Drive being the front elevation. Commissioner Hennes asked if the applicant would need to make separate application for a variance. Mr. Grittman stated that is correct. Sarah Macke, 744 Woodridge Drive, stated they are trying to place the house with minimum property impacts and their primary concern is that moving the structure 22 feet towards the bluff would result in the loss of four trees. She noted the location of a Sugar Maple that will be fenced in an effort to save it after construction. Commissioner Norton asked if the height exceeds the Critical Area maximum if the home fronts Woodridge Drive. Mr. Grittman stated that is not the case, the height would comply. Chair Lally opened the public hearing. Mary Yackley, 711 Maple Park Court, read a prepared statement detailing the purchase of their home and strong opposition to the lot split that was approved in 2008. They felt the Macke letter clearly shows the impact on the bluff line of the Mississippi River. She explained their opposition is to the close proximity of the proposed house, driveway, and turnaround area to their property and that consideration was not given to limit obstruction from their property since it was vacant at the time of the lot split. Ms. Yackley suggested that consideration must now be given to address this shortsightedness. They also oppose the height of the house which will remove daylight from their yard for three to four hours in the afternoon. She explained that while they are also concerned about the removal of mature trees, they support moving the house as far to the north and west as possible since that would impact only those properties that benefited the most from the lot split. Commissioner Hennes pointed out that if the house is moved farther to the west there would still be a driveway in that location. Roger Yackley, 711 Maple Park Court, stated the driveway is proposed to be located adjacent to their back yard as well as a turnaround and parking area that in the future could possibly be used for storage, obstructing the view from their smaller lot. He stated if the house is moved farther north and west, the turnaround and parking area could also be shifted to the west. With regard to tree removal, Mr. Yackley noted the location of 200 year old oak trees that could be saved if the home were shifted. Commissioner Hennes asked what is the distance from their house to the rear property line. Mr. Yackley stated they have a very small yard and estimated it may be 40 to 50 feet. Commissioner Vil<snins asked about the topography. Mr. Yackley stated their lot is slightly lower so construction will block their view of the bluff. He suggested this lot may be better suited to a lower height rambler home that would allow views from their lot and other lots. Ms. Yackley stated if moved to the west, the height would be lowered. Chair Lally pointed out that some views would remain from the Yackley property towards the Russell property and ravine. Mr. Yackley stated that is correct. 16 Planning Canmission Minutes April ?7. 20 10 Chair Lally noted the Yackley's did not own this property at the time of the lot split. Ms. Yackley stated that is correct; however, in planning this home their view was not considered. Mr. Yackley stated it appears there was confusion by staff to consider setbacks so he finds it confusing why it was even approved for a lot split. Chair Lally stated that decision was made in 2008 and the question is what elevation to consider the front of the house. He agreed with the rationale that the address and orientation of house and garage are toward Woodridge Drive so that is the front. It also allows the house to be located farther from the bluff. Mr. Yackley opined the setback variance would, in his opinion, devalue his property. Chair Lally stated if you buy a house with an adjacent open lot, it may be assumed it will remain open but unless view rights or easements are purchased, they do not exist. He recalled that during the lot split, there was much discussion from people who had used the property, but did not own the property. He clarified there is no confusion with the buildable status of this lot but understands the confusion of the Yackley's due to the timing of their purchase. Terry Russell, 716 Maple Park Court, stated he welcomes the Macke's to the neighborhood. He stated his concern relates to the height and drainage of this property, which he believes will come towards his lot. Chair Lally explained that the application includes drainage elements including drain the so the water would be directed toward Ruzek advised the land contours show the the ravine and bluff. Acting Public Works Director/City Engineer Ryan water flows southwest towards the ravine and will not pose a problem to the Russell property. Tom Peine, 706 Maple Park Court, stated he is concerned with the position and design of the building. He stated the people who profited from the lot split told the Planning Commission they wanted to build a house for their parents, which he assumed would be a retired couple. However, their house is higher with buffer areas and would not be impacted by the construction of the now proposed house. He stated it is more of an issue for Maple Park Court properties than those on Woodridge Drive and the Yackley's have a good point in stating this house would encroach on their property. Mr. Peine stated he purchased his home in this existing neighborhood at the time there was no proposal for an additional house or one that would be shifted towards and encroach upon Maple Park Court. He stated if constructed he will see a house "looming" over the Yackley's home. Mr. Peine stated this is a beautiful and well designed house from the front but their view is of the long garage side. Commissioner Hennes asked Mr. Peine if he wants nothing built on this lot. Mr. Peine indicated he did not make that statement and used a map to point out the location of his property and properties that are not represented at the meeting tonight. Commissioner Hennes noted the house would still be 108 feet from 711 Maple Court (Yackley property). Chair Lally stated if the people who split the lot profited, it was because they owned the property. He explained their original proposal was to sell the new lot to one set of parents but at that time it was not a condition of approval. Commissioner Field noted the lot split has been approved and is not relevant in tonight's consideration. Mr. Peine asked the Commission to consider the input from the neighbors, noting this is a huge house. Jeff Piper, 743 Knollwood Court, stated they live across the ravine and bought a house that is too close to the ravine. He stated they have had problems with soil stability and suggested this be considered by the Mackes prior to construction so drainage and soil erosion does not become a problem. Mr. Grittman advised that the closest portion of the proposed house to the ravine is on the southwest corner where it is almost 90 feet. Seeing no one else coining forward wishing to speak, Chair Lally asked for a motion to close the public hearing. COMMISSIONER NORTON MOVED, SECONDED BY COMMISSIONER VIKSNINS, TO CLOSE THE PUBLIC HEARING. AYES NAYS 17 Planning Commission Minutes April 27, 2010 COP OVA OOF THE CRIT I AOL AREA PERMITA SCOMMISSIONER FIELD, REQ ESTED,SUBJECT OTHE FOL OWING TO RECOMMENDA CONDITIONS: 1. AREAS OF 12% SLOPE OR GREATER SHALL BE INDICATED ON AN UPDATED SITE PLAN. IF DEVELOPMENT IS BEING PROPOSED ON SLOPES BETWEEN 12 AND 40%, THE APPLICANT SHALL BE REQUIRED TO MEET THE CONDITIONS OF SECTION 12-3-6.F.1. 2. ADEQUATE DEVELOPMENT PRACTICES WILL BE MAINTAINED TO ENSURE THAT GROSS SOIL LOSSES SHALL NOT EXCEED THE GIVEN REQUIREMENTS IN 12-3-6.F.2. THIS SHALL BE REVIEWED AND APPROVED BY THE CITY ENGINEER. 3. IN NO CASE SHALL DEVELOPMENT INCREASE THE RATE OF RUNOFF. 4. THE DRAINAGE AND STORM WATER RETENTION PLANS SHALL BE SUBJECT TO THE APPROVAL OF THE CITY ENGINEER. S. NO FINISHED GRADES SHALL EXCEED A SLOPE OF 40%. 6. ANY AND ALL EROSION CONTROL STORM WATER RUNOFF, UTILITY ACCESS, AND SIMILAR STRUCTURES SHALL BE DESIGNED TO BE MAINTAINED, CLEANED OUT, AND OTHERWISE OPERATED WITHOUT REQUIRING THE CROSSING OF UNDEVELOPED LANDS IN EXCESS OF 8% SLOPES WITH MOTORIZED HEAVY MAINTENANCE VEHICLES AND EQUIPMENT, SUCH AS BULLDOZERS, TRUCKS, AND BACKHOES. 7 E QUALITY AQUIFER TSHALL BEF WATER UNOFF AND WATER INFILTRATED T AS HIGH AFTER DEVELOPMENT II E WATER TABLE ORT WAS BEFORE DEVELOPMENT OF THE SITE. 8. ALL DEVELOPMENT, DRAINAGE, AND GRADING PLANS SHALL BE REVIEWED AND APPROVED BY THE CITY ENGINEER. ILDING PERMIT PRIOR TO COMMENCING 9. APPLICANTS SHALL OBTAIN A BU CONSTRUCTION. Commissioner McManus stated the people who have voiced objection to this application indicated it would reduce the impact if the building were moved somewhat north. Commissioner Norton stated if the applicant chooses to discuss that issue with the neighbors, they can do so and return with a revision to the application. Chair Lally pointed out there is not a lot of room to move the house further north since the lot line is only 28 feet away. Commissioner Field stated that while lie is sympathetic with the neighbors, the lot split had been approved and the ude given the regulations. He felt this application is similar to what was Commission does not have much latit presented during lot split consideration. AYES b NAYS 0 Chair Lally advised the City Council would consider this application at its May 4, 2010, meeting. PLANNING CASE 910-08 Hayley Heidelberg and Roy Bester 752 Mohican Lane Conditional Use Permit for a fence Planner Stephen Grittman explained that Roy Bester and Hayley Heidelberg are requesting approval of a Conditional Use Permit (CUP) to allow the placement of a six foot high cedar alternating board fence within a required yard adjacent to a public right-of-way. The property is zoned R-1, Single Family Residential. The Zoning Ordinance states that fences in such required yards (the applicable 30 foot setback area) cannot exceed 36 inches in height without the granting of a CUP. He displayed a site plan to describe the location of the fence and advised the consistency with the Code requirements. The 6 -foot high proposed fence would be set back proposed fence shows ent with the intent of two feet from the Pueblo Lane right-of-way line. Staff found the request to be generally consist the zoning regulations and recommends approval of the CUP as submitted. We Planning Commission Minules April 27. 2010 Roy Bester, 742 Mohican Lane, identified the location of trees that will be inside the fence and landscaping rock that will be located on the outside of the fence. Hayley Heidelberg, 742 Mohican Lane, stated their new fence would be similar to the next door neighbor's existing fence. Commissioner Viksnins asked if the proposed fence would be located entirely within the applicant's land. Ms. Heidelberg confirmed that would be the case. Commissioner Field referenced comments submitted by Mr. Friel expressing concern about the location of property lines and road easement. He asked if a survey had been perfonned to verify the location of property lines. Mr. Bester stated it had not but their fence is well within their property. Commissioner Field asked if the property line should be verified by a survey. Mr. Grittman stated Code Enforcement staff does not always require a survey and relies on the fence constructor's representation of fence and property line locations. However, it is within the City's prevue to require a survey. Acting Public Works Director/City Engineer Ryan Ruzek stated it is the home owner's responsibility to assure the improvement is located within their property. He advised there are property irons at the corner of each lot and residents can borrow the City's metal detector to confirm lot line location. Commissioner McManus stated the person erecting a fence should be confident it is located on their own property so they do not lose the fence. Ms. Heidelberg stated she spoke with all of her neighbors and they signed a petition of support except for 750 Mohican Lane who was not home. Chair Lally requested a copy of the petition so it is available for the City Council's review. Chair Lally opened the public hearing. Seeing no one coining forward wishing to speak, Chair Lally asked for a motion to close the public hearing. COMMISSIONER NORTON MOVED, SECONDED BY COMMISSIONER VIKSNINS, TO CLOSE THE PUBLIC HEARING. AYES 6 NAYS 0 COMMISSIONER MCMANUS MOVED, SECONDED BY COMMISSIONER NORTON, TO RECOMMEND APPROVAL OF THE CONDITIONAL USE PERMIT AS REQUESTED TO ALLOW FENCE CONSTRUCTION GREATER THAN 36 INCHES IN HEIGHT WITHIN A REQUIRED YARD ADJACENT TO A RIGHT-OF-WAY AS PROPOSED. Commissioner Field stated his support to request verification of the property line given the ambiguity raised in Mr. Friel's letter. Chair Lally stated there are property irons in place and an ability to find those irons so a survey may not be necessary. Commissioner Field noted Mr. Friel's letter indicates there is a history of the property and he has no issue with the fence except for its location. Commissioner Field suggested the applicant and Mr. Friel work together to locate the property line. Chair Lally agreed and asked the applicant to locate and stake the property iron prior to City Council consideration. Ms. Heidelberg assured the Commission they will locate and verify the property line. AYES 6 NAYS 0 19 Plcn717irag Commission Minutes April 27, 2010 Chair Lally advised the City Council would consider this application at its May 4, 2010, meeting. PLANNING CASE #10-09 Karen Pimentel 687 2"d Avenue Conditional Use Permit for a fence Planner Stephen Grittman explained that Karyn Pimentel is requesting approval of a Conditional Use Permit (CUP) to allow the placement of a five foot high fence in a required yard adjacent to a public right-of-way. The property is zoned R-1, Single Family Residential. The Zoning Ordinance states that fences in such required yards (the applicable 30 foot setback area) cannot exceed 36 inches in height without the granting of a CUP. He displayed a site snap to identify the subject corner lot property and location of the proposed fence to enclose the rear yard with a five-foot high chain link fence that would match existing fence on the property. He noted the existing fence is not vinyl coated and suggested the Commission consider continuing the same material with the new fence. Mr. Grittman identified the location of landscaping that will provide screening and recommended approval. Commissioner Viksnins asked about the height of the existing fence. Mr. Grittman stated the current fence on the west side is five feet and did not require a CUP since it is on an interior lot line. Karen Pimentel, 687 2" d Avenue, explained she had not correctly measured the fence height. Their neighbor has a four -foot fence that they will match exactly. She explained they want a four -foot fence to contain their dog. She noted the location they removed bushes in front of the telephone pole where they may angle the fence somewhat. She stated her brother will help install the fence, which will be green, and they want the fence also so her dog does not scratch the neighbor's fence. She reviewed the height of the fence for each property line. Commissioner Field asked about the lilac bushes in the corner. Ms. Pimentel identified the location of the telephone pole and said she does not want her dog to dig up any wires that may be in the ground. That is why they may angle the fence, to keep the dog out of that area. Commissioner Field asked if angling the fence would be an issue. Mr. Grittman stated it would not be an issue since that location is outside of the CUP requirement. Chair Lally opened the public hearing. Seeing no one coming forward wishing to speak, Chair Lally asked for a motion to close the public hearing. COMMISSIONER NORTON MOVED, SECONDED BY COMMISSIONER MCMANUS, TO CLOSE THE PUBLIC HEARING. AYES 6 NAYS 0 COMMISSIONER NORTON MOVED, SECONDED BY COMMISSIONER HENNES, TO RECOMMEND APPROVAL OF THE CONDITIONAL USE PERMIT TO ALLOW FENCE CONSTRUCTION GREATER THAN 36 INCHES IN HEIGHT WITHIN A REQUIRED YARD ADJACENT TO A RIGHT-OF-WAY, SUBJECT TO THE FOLLOWING CONDITIONS: 1. THE FENCE SETBACK FROM THE VANDALL STREET RIGHT-OF-WAY BE VERIFIED. AYES 6 NAYS 0 Chair Lally advised the City Council would consider this application at its May 4, 2010, meeting. 20 Planning Commission Minutes April 27, 2010 PLANNING CASE #10-10 Maureen Haggerty 790 Ridge Place Wetlands Permit for an Invisible Fence Planner Stephen Grittman explained that Maureen Haggerty is requesting approval of a Wetlands Permit for the installation of an invisible fence wire, two plank bridges, and native plantings within 100 feet of a designated wetland. The site is located at 790 Ridge Place and zoned R-1, One Family Residential. He advised the site currently contains a single family home and attached garage. The Wetlands Ordinance requires a Wetlands Pen -nit for any land alteration or construction within 100 feet of any designated wetland. Mr. Grittman noted that a CUP and Wetlands Permit had been previously approved and conditions placed on previously approved CUPs will remain in place. Mr. Grittman used a map to identify the location of the existing and proposed fence and vegetation. He also noted the location of two plank bridges that would be placed across the stream to access both sides of the creel. He stated the City Engineer has indicated the plank bridges and electric bridges will have very little, if any, impact to the e plank bridges will allow for crossing the creel. without disturbing the wetland area. The applicant suggested th bank sides. The applicant has proposed to cross the stream with the electric fence and anchor it with stones in the stream without disturbing the stream bed and the City Engineer indicated that is an acceptable method. He noted a recommended condition of approval is to bury the invisible electrical fencing. Mr. Grittman stated staff finds the proposal will not result in any negative impacts to the wetland and recommends approval subject to the seven conditions detailed in the staff report. Commissioner Field reviewed the past CUP and Wetlands Permit considerations and stated he would like to see the location of all fencing and be able to put this site in a complete context. Mr. Grittman stated he did not bring the past documentation to the meeting tonight. Commissioner Field noted the width of the creek and proposal to bridge it by 12 foot boards. He expressed concern that a shorter bridge would collapse the bank and fall into the creek and a 12 foot bridge would require structural integrity review. Commissioner Field stated he is not convinced this is a solution to bridge the creel.. Commissioner Hennes agreed with the need for additional information and clarity on what has happened since the previous approval. Commissioner McManus asked if the City had requested removal of the fences that did not meet Code. Mr. Grittman stated it was required that all nonconforming fence built outside the property line or regulations be brought into conformance. Acting Public Works Director/City Engineer Ryan Ruzek confirmed that the applicant has removed all nonconforming fences and is in the process of building new fences. Maureen Haggerty, 790 Ridge Place, explained that because of the 25 foot requirements, there is a 50 -foot gap in fencing at the creek crossing. That is why she is requesting an invisible fence to retain her dogs on her property. In addition she would like to plant native plantings and a plank to cross the creek. Commissioner Field asked if it will be a "plank" or a "wooden bridge" and the grade difference between the bank and the creek bed. Ms. Haggerty estimated the grade difference is 2.5 feet. Commissioner Hennes asked if the fence in front was removed or relocated. Ms. Haggerty stated it was relocated because it did not meet the setback. Commissioner Hennes asked about the fence on the west side. Ms. Haggerty stated the angle was changed slightly because of the property line and the fence was disassembled and will be reassembled so the mesh (chain link) and screws are on the correct side of the fence. Commissioner Viksnins asked where the fencing starts at the northwest corner. Ms. Haggerty used a site plan to point out the location where the chain link fence starts, and the area where welded wire fencing will be installed. Ms. Haggerty stated she was not aware of the condition to bury the invisible fencing wire and had planned to attach it to the fence. Mr. Grittman stated staff's recommendation is to bury the invisible fencing wire so it is not just 21 p1aw1i11g Commission A4inuies Apri127, 2010 laying on the ground. Ms. Haggerty stated she understands the concern with impact to the wetland and if required would bury the fence line. Commissioner Viksnins read the conditions recommended by the City Planner. Ms. Haggerty stated she is in agreement and will comply with all conditions as recommended. With regard to native plantings, Ms. Haggerty stated she will use plants that are recommended for bank stabilization. With regard to the creek crossing, Ms. Haggerty described the wooden 12 inch wide planks that would be used. Ms. Haggerty stated they had used a 12 foot long plank in the past but removed it when they learned it was not allowed without a pennit. She explained the plank had been supported by a log placed underneath it in the creek. Commissioner Viksnins asked if the 12 foot plank had resulted in any impacts. Ms. Haggerty stated it had not and noted that crawling down and back up the creek bank to cross the creek would cause more impacts. Chair Lally stated this is a large piece of property that already has a physical fence so he questioned why an invisible fence is needed around the entire perimeter as opposed to just the open portion by the creek. Ms. Haggerty stated that initially she had a physical fence enclosing the entire property but while on a trip to Texas it was purported her dog had jumped that fence and got into a fight with another dog. So, immediately upon returning from Texas she However, that fence was disconnected because she did not have a permit for it. decided to install invisible fence. Now there will be a 100 foot opening so an invisible fence is needed for that location. In addition, a continuous loop is needed for invisible fence. Commissioner Field asked if it is the intention that the electrical fence will go up to the curb. Mr. Haggerty stated it will be in front of the house and under the driveway and at least 15 feet from the curb. Chair Lally opened the public hearing. John Steenberg, 804 Ridge Place, stated he is representing his 92 year old father. He stated some of the plantings are already in place illegally within the wetland and two willow trees were planted only six feet apart which he believed was too close together. Mr. Steenberg felt the trees, at maturity, would extend and hang well over onto the Jenniges property. With regard to the bridge, he stated his property has a 2x12x16 foot plank over the creek, which staff indicated he did not need a permit to place. He stated he had no objection to the plank bridge proposed by Ms. Haggerty. He stated he has no concern with the invisible fence as discussed in the last permit and at that time the Commission questioned what will happen with the open segments. Ms. Haggerty had indicated she may place an invisible fence in those open segments so he does not know what has changed in the last six months yet there has been a 180 degree reversal in staff's recommendation. Commissioner McManus asked what has changed since the last consideration. Mr. Steenberg reviewed the past fence consideration for this property, noting Commissioner McManus had asked if a Wetland Permit had ever been approved for a fence through a water course in Mendota Heights. Staff indicated there had been only one in 2005 for Ms. Haggerty. At that meeting there had been discussion about relocating the fence to be parallel with the center of the creek, observed high water, and other options. Commissioner Norton asked Mr. Steenberg if he was implying there had been a reversal in the Commission's action. Mr. Steenberg stated there had been a reversal in staffs recommendation. Commissioner Norton noted the difference is between crossing the creek with a chain link fence versus an invisible wire fence. Mr. Steenberg stated Ms. Haggerty did remove and relocate the fence and staff spent three days locating property corners for Ms. Haggerty. He stated he is concerned about the actual property line locations. Commissioner Field stated the invisible fence wire will be buried underground so it is reasonable to assume it will be located on the applicant's property. In addition, Mr. Steenberg has indicated the City had helped Ms. Haggerty locate the survey stakes so they should be correct. Mr. Steenberg asserted that the deeper the corner irons are buried, the greater the error can be made in the property line location. Commissioner Field asked Mr. Steenberg if his testimony is that the fence is not located on Ms. 22 Planning Commission Minutes April 27, 20/0 Haggerty's property. Mr. Steenberg stated it could be since the City did not dig out any property pins, they located only two and the other pins were not actually found. He suggested that only a "john meter" can be used to find property pins. Commissioner Field asked that the discussion be confined to the application. Chair Lally asked Mr. Steenberg what are his objections. Mr. Steenberg stated he objects to crossing the wetland and pattern of not locating fences correctly. In addition, the City has issued a citation to Ms. Haggerty for not removing fencing. Commissioner McManus stated in the earlier discussions they talked about the affect of a structural fence on the water due to stopping of flow and catching of debris. He asked Mr. Steenberg if he remains concerned about staff's recommendation for a buried wire beneath the bottom of the creek. Mr. Steenberg asked how the wire will be buried beneath the creek, noting the creek is mud and silt and not sand. He stated if he were installing such a wire it would be 18 inches under the creek bed with 6 inches of filter blanket or geotextile fabric and 12 inches of river rock. He stated he is not as against the invisible fence through the creek and may make a similar request if he lives on his dad's property at some point. However, this would be the first time it would actually put an invisible fence across a wetland. Gerard Jenniges, 800 Ridge Place, stated he is not opposed to an invisible fence if installed properly. With regard to trees and creels plantings, he noted there are big Cottonwood trees in place and grass to stop erosion. He expressed concern with planting more trees that may result in killing the grass and increasing erosion. He stated lie does not know why the City issues permits for four -foot fences. Chair Lally stated there were problems with Ms. Haggerty's previous fence, which is why the application is before the Commission tonight. Mr. Jenniges stated the permits are not inspected. Assistant to the City Administrator Jake Sedlecek advised that enforcement occurs on a complaint basis. Mr. Ruzek explained that fence permits are required and the $25 fee covers time for plan review but does not cover the cost for staff inspections. Mr. Jenniges asserted that when the Council approved the previous permit, Ms. Haggerty was asked to have her lot surveyed by a registered surveyor and to hire a qualified fence builder to reconstruct the fence, which was not done. Seeing no one coming forward wishing to speak, Chair Lally asked for a motion to close the public hearing. COMMISSIONER MCMANUS MOVED, SECONDED BY COMMISSIONER NORTON, TO CLOSE THE PUBLIC HEARING. AYES 6 NAYS 0 COMMISSIONER MCMANUS MOVED, SECONDED BY COMMISSIONER FIELD, TO RECOMMEND APPROVAL OF THE WETLANDS PERMIT AS REQUESTED, SUBJECT TO THE FOLLOWING CONDITIONS: 1. THE INVISIBLE FENCE WIRE SHALL BE BURIED AND NOT LAID ON TOP OF THE GROUND THROUGHOUT THE YARD; 2. THE INVISIBLE FENCE WIRE SHALL BE PLACED ENTIRELY ON THE APPLICANT'S PROPERTY AND SHALL NOT BE LOCATED IN THE UNDEVELOPED RIGHT-OF-WAY; 3. THE LAND DISTURBANCE GUIDANCE DOCUMENT SHALL BE ADHERED TO; 4. SPECIFICS ON THE NATIVE PLANTINGS SHALL BE PROVIDED TO THE CITY BY THE APPLICANT; S. EXPOSED OR ERODED SOIL ON THE PROPERTY SHALL BE RE -VEGETATED WITH APPROPRIATE WETLAND BUFFER PLANTINGS AND GRASSES; 6. ALL ISSUES RELATED TO GRADING, DRAINAGE AND EROSION CONTROL OF THE SITE SHALL BE SUBJECT TO THE REVIEW AND APPROVAL OF THE CITY ENGINEER; AND 7. PREVIOUS CUP APPROVAL CONDITIONS CONTINUE TO APPLY TO EXISTING OR PROPOSED TRADITIONAL FENCING ON THE PROPERTY. 23 planningConz111ission Minutes April 27, 20/0 Commissioner Field stated testimony was received about a better method to secure the invisible fence through the creek than just anchoring it with rocks. He asked staff to determine the best way to secure the fence in the creek bed. Mr. Ruzek stated he thinks a "happy medium" can be found that minimizes impacts and allows the fence to remain effective. COMMISSIONERS MCMANUS AND FIELD ACCEPTED A FRIENDLY AMENDMENT TO REVISE CONDITION 1 TO STATE: 1. THE INVISIBLE FENCING WIRE SHALL BE INSTALLED IN ACCORDANCE WITH THE RECOMMENDATION OF THE CITY ENGINEER. Commissioner Viksnins noted it is also a requirement that the fence be located entirely on the applicant's property. Commissioner Field asked staff about the conditions placed in the previous approval. Mr. Sedlacek read the conditions placed by the Council's approval. Mr. Ruzek clarified that staff had assisted in finding the property irons but had not placed any property irons. Commissioner Field requested adding a stipulation that the electric fence should be placed inside the rear yard fence. Commissioner McManus noted that is adequately addressed in Condition 2. AYES 6 NAYS 0 Chair Lally advised the City Council would consider this application at its May 4, 2010, meeting. PLANNING CASE #10-I1 Julie Rosga 1745 Lansford Lane Conditional Use Permit for a fence Planner Stephen Grittman explained that Julie Rosga is requesting approval to amend a Conditional Use Permit (CUP) that was approved last year (09-26) to place the five-foot high wrought iron fence just inside of the property line, instead of on the right-of-way line, along Stanwich Lane. That is the only change from the previous consideration and recommended for approval by staff. Commissioner McManus asked how this happened. Assistant to the City Administrator Jake Sedlecek stated the original letter of intent was to locate the fence 8-10 feet from the curb but the drawing showed it located 8-10 feet from the property line. During construction, the applicant realized the difference between the two and contacted staff. Staff felt it would be best to hold another public hearing. Chair Lally asked if a new application was made and fee paid. Mr. Sedlecek explained the Code does not allow for a CUP amendment application. Since there was no need for additional staff analysis, the applicant was asked to pay for just the cost of publication in the legal newspaper and the mailing. Julie Rosga, 1745 Lansford Lane, explained she mistook the line of the curb and property line. She advised that a survey was conducted and stakes are in place. Chair Lally opened the public hearing. Seeing no one coming forward wishing to speak, Chair Lally asked for a motion to close the public hearing. COMMISSIONER FIELD MOVED, SECONDED BY COMMISSIONER NORTON, TO CLOSE THE PUBLIC HEARING. 24 Planning C0177/7iiSSi017 MhWteS April 27, 2010 AYES 6 NAYS 0 COMMISSIONER FIELD MOVED, SECONDED BY COMMISSIONER NORTON, TO RECOMMEND APPROVAL OF THE AMENDMENT TO CONDITIONAL USE PERMIT (09-26) AS REQUESTED, AND SUBJECT TO THE FOLLOWING CONDITIONS: 1. THE APPLICANT SHALL RECEIVE A FENCE PERMIT PRIOR TO INSTALLATION OF THE FENCE; AND 2. THE FENCE SHALL MEET THE REGULATIONS ESTABLISHED IN SECTION 12-1D-6. AYES NAYS Chair Lally advised the City Council would consider this application at its May 4, 2010, meeting. PLANNING CASE #10-12 City of Mendota Heights Zoning Ordinance Amendment to Update Title 12 of the City Zoning Code 12-5 Floodplain Management Assistant to the City Administrator Jake Sedlacek explained that FEMA is rescinding the draft floodplain map for Dakota County so this amendment is on hold. Chair Lally asked if anyone was present who wished to address this matter. No one responded. Review Planning Commission Rules of Orrler Chair Lally noted the Rules of Order were presented at last month's meeting and asked the Commission if it would like to discuss this item or hold it over to the next meeting. COMMISSIONER NORTON MOVED, SECONDED BY COMMISSIONER FIELD, TO TABLE CONSIDERATION OF THE PLANNING COMMISSION RULES OF ORDER TO THE NEXT MEETING. AYES 6 NAYS 0 Verbal Review Mr. Sedlacek gave the following verbal review: PLANNING CASE #10-04 Verizon Wireless Conditional Use Permit • Approved by the City Council as recommended by the Planning Commission. PLANNING CASE #10-05 William Stein Wetlands Pen -nit • This item was withdrawn by the applicant and may be resubmitted later. PLANNING CASE #10-06 Bert McKasy Critical Area Permit • Approved by the City Council as recommended by the Planning Commission. PLANNING CASE # 10-03 City of Mendota Heights Update to Title 12, Chapter 1 of City Code Currently under City Attorney review. Mr. Sedlacek reminded the Commission and audience of the Spring Clean Up on Saturday, May 1, 2010, at Mendakota Park instead of Mendota Plaza. He also advised of the shred event sponsored at American Bank. Commissioner Hennes asked about the vacant lot on Wentworth. Mr. Sedlacek advised the City had received a single family home application with the structure centered on the lot. 25 Plapning C01771WSSl017 Adinules April 27, 20/0 COMMISSIONER NORTON MOVED, SECONDED BY COMMISSIONER HENNES, TO ADJOURN THE MEETING AT 9:20 P.M. AYES NAYS Respectfully submitted, Carla Wirth, Recording Secretary 26 Jake Sedlacek City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 May 18, 2009 Troj e 574 Hiawatha Ave Mendota Heights, MN 55118 Subject: Conditional Use Permit and Variance Application for Garage at 574 Hiawatha Avenue Dear Jake, This letter is to confirm our phone conversation this morning regarding the variance and conditional use permit applications for a new garage at 574 Hiawatha Avenue. As we discussed, I would like to postpone the applications in order to obtain a survey of the property. I will be in contact with you after the survey is complete. Thank you for your continued help on this matter. If you have any questions for me, please call me at 612-396-3048. Thank You, j� 3��2 Troy Troje NORTHWEST ASSOCIATED r 4500 Olson Memorial Highway, Suite 202, Golden valley, MN 55422 Telephone: 703.231.2555 Facsimile: 763.231.2561 plan ners(.c)riacplanning.com MEMORANDUM TO: Mendota Heights Planning Commission FROM: Carie Fuhrman/ Stephen Grittman DATE: May 20, 2010 MEETING DATE: May 25, 2010 SUBJECT: Conditional Use Permit for Wireless Antennas and Ground Equipment CASE NO: Case No. 10-14; NAC Case 254.04 — 10.13 APPLICANT(S): Clear Wireless, LLC c/o Lawrence Coleman of FMHC Corporation LOCATION: 1850 Eagle Ridge Drive ZONING: R-3, Multiple Family Residential GUIDE PLAN: HR — High Density Residential Background and Description of Request: Lawrence Coleman of FMHC Corporation, on behalf of Clear Wireless, LLC is requesting a Conditional Use Permit to mount wireless antennas on the rooftop of the South Ridge Condominium building. Accessory ground equipment will also be installed as part of this project. The subject site is located at 1850 Eagle Ridge Drive and is zoned R-3, Multi -Family Residential. T -Mobile currently contains roof -mounted antennas on the east side of the roof and a fenced -in equipment compound in the southeast corner of the parking lot. Clear Wireless is proposing roof -mounted antennas on the west side of the roof and ground equipment to the south of the fenced -in T -Mobile equipment, as part of an expanded equipment area. Analysis: Antennas. The proposed communication facility will consist of a roof -mounted structure to be located on an existing elevator shaft that is located on the west end of the building. The roof -mounted structure will consist of a new antenna frame and 6 antennas — 3 microwave dishes and 3 standard antennas — to be mounted to the antenna frame. The T -Mobile antennas and antenna frame are located on the other existing elevator shaft that is located on the east end of the building. Ground Equipment. The ground equipment cabinet is proposed to be installed on the south side of the T -Mobile fenced equipment area, which is located approximately 13 feet from the right of way of 1-35E (setback estimated from the County aerial map). The Clear Wireless ground equipment cabinet will be installed on the south side of the fence that enclosed the T -Mobile equipment, and a gate will be installed to match the existing fence for screening. According to the applicant, existing shrubs will screen the equipment area to the south. The Clear Wireless lease area is proposed to be 49 square feet (7 ft by 7 ft). Wireless Antennas, Towers, and Accessory Structure Standards. Wireless telecommunication towers, antennas, and accessory structures, including, but not limited to, cellular, PCS technology, and wireless internet, are allowed as conditional uses in all zones within the City. These uses are regulated by Section 12-1J-6. The purpose of this section is to protect the public health, safety, and general welfare of the community while accommodating the communication needs of residents and businesses. The city council finds that this section is necessary to: 1. Avoid potential damage to adjacent properties and personal injury from tower collapse through structural standards and setback requirements. 2. Protect the aesthetic qualities of the community by requiring tower and antenna equipment to be screened from properties within viewing distance of the site and to be designed in a manner to blend in with the surroundings and compliment existing structures. 3. Maximize the use of existing and approved freestanding antenna towers, buildings, and existing light poles for new wireless telecommunication antennas. 4. Minimize the number of freestanding antenna towers needed to serve the community by utilizing co -location. 5. Facilitate the provision of wireless telecommunication services to the residents and businesses of the city. CUP Evaluation Criteria. The ordinance specifically states that the applicant must demonstrate, by clear and convincing evidence, the following: Building Mounted Antennas 1. Permitted Buildings: Antennas may only be mounted on institutional buildings (churches, schools, businesses, etc.) or apartment buildings two (2) stories or higher. Wireless telecommunications antennas are not permitted on attached or detached single-family homes. Staff Comment: The proposed location is compliant as it is on top of a three-story apartment structure. 2 2. Flush Mounting; Color. a. Building mounted antennas must be flush mounted to the sides of the building and painted the color of the building exterior unless the applicant can demonstrate to the council that protrusion above the roofline is necessary for communication effectiveness. Staff Comment: The applicant has stated the following: Due to the low height of the rooftop, the additional height above the roofline is needed in order to maximize coverage in the area (similar to the T -Mobile antennae already above the Ridge South rooftop). There are no existing structures in the immediate area which would offer the additional height. In addition, Clear Wireless differs from many of the other carriers in that a line - of -site (LOS) is needed between sites. This means that one site (e.g. the Ridge South rooftop) needs to directly connect by LOS to the next site within the network chain (e.g. the Mendota Heights water tower). There are mature trees surrounding the Ridge South rooftop, and in order to clear the tree line, the additional height above the roofline is needed. b. In no case shall building mounted antennas or any attachment thereto be allowed to protrude more than fifteen feet (15') above the roofline of the building. Staff Comment: The submitted building elevation indicates that the antennas are proposed to protrude 12 feet above the roofline. (The top of roof is at an elevation of 28 feet, while the antennas are proposed to be at 40 feet). 3. Agreement To Mount On City Property: If both the applicant and the city consent to mounting the antennas on the city's water tower or other Municipal building, a developer's agreement may be necessary at the discretion of the city in addition to a conditional use permit. Staff Comment: The proposed location is not on City property, but signature from the property owner has not been obtained on the application. This shall be required, along with a letter from the association demonstrating agreement for the location of the antennas and equipment on the subject property. (This was a requirement of the T -Mobile conditional use permit issued in 2006). Aesthetics 4. Color: Those portions of all freestanding antenna towers and all antennas which protrude into the air shall be painted eggshell. Those portions of all antennas that are flush mounted to the sides of buildings shall be painted to match the exterior of the building. Staff Comment: The submitted site plan indicates that the antennas and equipment will be painted to match the building. 5. Screening: All accessory buildings to all freestanding towers shall be screened from public view by a landscape plan according to the landscape standards of the appropriate zone and as described in subsection 12-1 D -13-2D1 of this chapter subject to council review. Staff Comment: The ground equipment is proposed to be located to the south of the existing fenced -in T -Mobile equipment area. The Clear Wireless ground 3 equipment will not be visible from the parking lot view as the T -Mobile fenced in area will block the view. In addition, existing mature landscaping exists at the site to provide screening surrounding the remainder of the equipment lease area. The Enlarged Equipment Plan illustrates a new fence section to be installed, extending from the south corner of the T -Mobile fencing. However, it does not appear that fencing is being proposed to surround the entire Clear Wireless lease area. Staff would suggest that a fence be installed to surround the entire ground equipment lease area for safety precautions. The fence shall be of the same height and material as the existing fence surrounding the T -Mobile ground equipment. 6. Advertising: Advertising of any kind shall not be permitted on any freestanding antenna tower, antenna, or accessory structure. Staff Comment: No signage or advertising is proposed for the structure. 7. Lighting: Artificial lighting of any kind shall not be permitted on any freestanding antenna tower, antenna, or accessory structure unless such lighting is required by the FCC, the FAA, or another federal or state regulatory body. If such a requirement exists, only the minimum amount of lighting required shall be allowed. Staff Comment: The applicant has not indicated whether lighting is needed for this location. It was not required by the FAA at this location back in 2006. 8. Prohibitions: Structures, functions, uses or activities that are not found by the city to be specifically necessary for the proper functioning of the antennas shall be prohibited on any antenna or tower without express permission from the city unless the city grants a waiver to this requirement. Staff Comment: The applicant shall be required to comply with this requirement. Safety 9. Compliance With Building And Electrical Codes: All antennas, freestanding antenna towers, and accessory structures shall conform to all building and electrical codes. Staff Comment: Details regarding compliance with all applicable building and electrical codes will be required at the time of the building permit application. Accessory Structures For Antennas 10.Location And General Requirements: Accessory buildings to antennas or freestanding antenna towers must lie completely within all applicable setbacks from all property lines and must otherwise conform to all requirements for accessory buildings within the description of the specific zone. Staff Comment: According to estimating on the aerial photo, the lease area will be setback approximately 6 feet from nearest property line. In the R-3 District, accessory structures over 144 square feet must be setback a minimum of 10 feet from side and rear lot lines. Being the lease area is 49 square feet in size, the 10 foot setback requirement does not apply. 11. Architecture: 4 a. Accessory structures and equipment buildings shall be designed to be architecturally compatible with any principal structures on the site or, in the absence of such structures, with their immediate surroundings in an aesthetically pleasing manner. b. Accessory structures shall be finished on all sides. c. The planning commission shall review and the council shall approve the design of any accessory structures and equipment buildings. Staff Comment: The existing T -Mobile ground equipment is located within a cedar fenced -in area. It does not appear that the applicant is proposing to surround the proposed ground equipment with a fence. Staff is recommending that a fence be installed to surround all of the Clear Wireless ground equipment, in the same material and height as the existing fencing material. Additional Requirements 12. Abandoned Structures: a. Removal Required: Unused or obsolete freestanding antenna towers, antennas, structures or apparatus must be removed within six (6) months of when the operation ceases. Staff Comment: The applicant shall be required to comply with this requirement. b. Bond: A successful applicant shall provide an abandonment bond to the city equal to one and a half (1 1/2) times the current cost of removal and disposal of all antennas and accompanying apparatus as estimated by a consultant selected by the city and paid for by the applicant, which bond shall be used by the city to remove the antennas and apparatus should they become unused or obsolete and the applicant or its successors or assigns become disbarred or otherwise fail to remove said antennas and apparatus. Staff Comment: The applicant shall be required to comply with this regulation. 13. Other Required Licenses: The applicant must submit proof of any applicable federal, state, or local licenses to the council prior to receiving a building permit. Staff Comment: The applicant shall be required to comply with this regulation. 14.lnterference With Public Safety Systems Prohibited: The applicant must agree in writing to support, participate in and refrain from interfering with public warning systems and public safety communications. Staff Comment: The applicant shall be required to comply with this regulation. 15. Coverage/Interference And Capacity Analyses: The applicant shall demonstrate, by providing a coverage/interference analysis and capacity analysis, that the location and height of any freestanding antenna tower or antenna as proposed is necessary to meet the communication, frequency reuse and spacing needs of the communication services system, and to provide adequate coverage and capacity to areas that cannot be adequately served by locating the towers in a less restrictive district or on an existing structure, freestanding antenna tower or antenna including such in neighboring municipalities. ki Staff Comment: The applicant shall be required to comply with this regulation. 16. Compliance With FCC Regulations; Noninterference Required: All new or existing telecommunications service and equipment shall meet or exceed all federal communications commission (FCC) standards and regulations and shall not interfere with any other communications, computers, laboratory equipment or manufacturing equipment, including television and other home electronics. The applicant shall provide to the city a report from a qualified professional engineer guaranteeing noninterference and a copy of the FCC approval of the antenna in regard to noninterference. Staff Comment: No report from a qualified engineer has been submitted, nor has the applicant submitted a copy of the FCC approval of the antenna. The applicant shall be required to comply with this regulation. 17. Non -Conformances: Existing non -conforming freestanding antenna towers, antennas, or accessory structures shall be allowed to continue operation unless use of the freestanding antenna tower, antenna, or accessory structure for its intended purpose ceases for a continuous period of six (6) months, in which case, resumption of use shall require a reapplication for a conditional use permit. Staff Comment: The applicant shall be required to comply with this regulation. 18.Area Map: All applications for either a freestanding antenna, a freestanding antenna tower, or a building mounted antenna shall be accompanied by a map of all existing towers and antennas of the same provider within a two (2) mile radius of the proposed site and all future planned antennas of the same provider for the next five (5) years within a two (2) mile radius of the proposed site. Staff Comment. The applicant shall be required to comply with this regulation. 19. Costs To Applicant: All costs of an application, including, but not limited to, those incurred by city staff time and resources, engineering studies by consultants, and other data as may be required by the city staff, the planning commission or the city council shall be borne in full by the applicant. Staff Comment: The applicant shall be required to comply with this regulation. 20. Prohibitions: Use of mobile cell/PCS sites or COWs (cell sites on wheels), or any other temporary antenna apparatus is strictly prohibited except in the case of emergency equipment used for public safety purposes for a limited time during or in the immediate aftermath of a natural disaster or other emergency. (Ord. 317, 10-21-1997) Staff Comment: The applicant shall be required to comply with this regulation. rel Action Requested: Following a public hearing, the Planning Commission may consider one of the following recommendations: 1. Motion to recommend approval of the Conditional Use Permit to mount wireless antennas on the rooftop of the South Ridge Condominium property, along with accessory ground equipment, based on the following findings: the proposed antennas and accessory equipment meet all of the Zoning Ordinance requirements; the proposed project is consistent with the intent of the Conditional Use Permit criteria allowing such features; and the project will not negatively affect the public health, safety, and general welfare of the community, and subject to the following conditions: a. A building permit must be obtained prior to construction and installation. b. The application shall be signed by the property owner, and a letter from the association demonstrating agreement for the location of the antennas and equipment on the subject property shall also be submitted. c. Fencing shall be installed to surround the entire Clear Wireless ground equipment lease area. The fence shall be of the same height and material as the existing fence located around the T -Mobile ground equipment. d. The applicant shall abide by all regulations in Section 12-1J-6 of the Zoning Ordinance, as outlined in this report. 2. Motion to recommend denial of the CUP based on a finding that the proposed accessory equipment use is inconsistent with the Zoning Ordinance and/or the Comprehensive Plan. Staff Recommendation: The applicant has provided information in regard to the request to mount wireless antennas on top of the South Ridge Condominium property. The applicant has demonstrated a need for the antennas, and the subject site appears to be feasible for this use. The Zoning Ordinance contains a provision allowing such uses, and the applicant appears to meet the conditions of the telecommunication towers ordinance. As such, staff recommends approval of the request, subject to the above-mentioned conditions. Supplementary Materials: 1. Application materials dated April 7, 2010 2. Site location map Site Location Map WaterMetlands City Roads Major Roads parcels �mnm®ma. �oee°o� Municipal Boundaries clity Mendota Height - APPLICATION FOR CONSIDERATION OF PLANNING REQUEST Case No. il� 0 1 �/ Date of Application Fee Paid q 35_0, Applicant Name:t+� i'S S l-. PH:(.SI') q (Last) Last (F i rstT (M) E -Mail Address: Address: 7goO 5ivdL,S+Qt2t7O r L �?( (Number & Street) ` (City) Owner Name: Oast (First) Address: ` L c � a c ►' ( - (Number &`reet) (City) Street Location of Property in Question: Leg�alp Desscriptio/n� & PIN of Property: (Complete Legal from,{/ Ti Type M Request Rezoning X—Conditional Use Permit Conditional User Permit for P.U.D. Preliminary/Final Plat Approval Comprehensive Plan Amendment or Deed must be provided) ()1, 4- A o, 2—. C I r Variance Subdivision Approval Wetlands Permit Critical Area Permit Other (attach explanation) Applicable City Ordinance Number Section Present Zoning of Property Present Use yes p Proposed Zoning of Property Proposed Use I hereby declare that all statements made in this request and on the additional material are true. I further authorize City Officials and agents to inspept the above property during daylight hours. ,-9 /) C� /-,,, !� //�% l 1// /. s ° ./ Date Received (Signature--��licant) (Signature of Owner) ]Lg®A Viccton•ia Cu"e , Mendota Heights, MR 55118 ° (65 1) 452-g$S® ° FAX (65 1) 452 -894 ww wr.naoendoLa-heigints,ccom 4 April 7, 2010 City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 Re: Conditional Use Permit Application for 1850 Eagle Ridge Drive Installation of Wireless Equipment on an Existing Rooftop Clearwire Site No.: MN-MSP0420 -c Dear City of Mendota Heights: Clear Wireless, LLC (Clearwire) is a new wireless service provider to the Twin Cities and is in the process of developing its wireless network here. As part of the network, Clearwire is proposing to install antennae on the rooftop of the existing building located at 1850 Eagle Ridge Drive. T -Mobile already has a site located on a different part of this rooftop. An application for a conditional use permit has been enclosed along with the site plans and a check for the zoning fee. The Clearwire antennae .and dishes are proposed to be installed on the western elevator shaft above the rooftop. T -Mobile is currently located on the eastern elevator shaft. The Clearwire ground equipment cabinet will be installed behind the fence which encloses the T -Mobile equipment and a gate will be installed to match the existing fence for additional screening. The rear of the equipment area will be screened by existing shrubbery. If you have any questions or are in need of additional information, please do not hesitate to contact me. Respectfully Submitted, ✓L L,t .1 ,..7� C'e Lawrence j: Cdleman FMHC Corporation (651) 249-3866 Enclosures LJC/wo 7400 Metro Boulevard • Suite 260 • Edina, MN 55439 • phone (952) 831-1043 - fax (952) 831-0623 \J qa INN% � Rl a a Tilt 14 CY tt 1� � 9 w5 gN ONk$y� \ Iw aJ Ea �j kkj40 J .. fimg gal 12D ySWI a I q q. pzu l EMM IN 19 r x N b 0 a Z � �ao U z 0 W N W WIT TF M R' ul 0 0 m U W I'D .� a L � �N � m � 3 19 r CITY OF MENDOTA HEIGHTS NOTICE OF HEARING May 5. 2010 TO WHOM IT MAY CONCERN: NOTICE is hereby given that the Planning Commission of Mendota Heights will meet at 7:00 P.M., or as soon as possible thereafter, on Tuesday, May 25, 2010 in the City Hall Council Chambers, 1101 Victoria Curve, Mendota Heights, Minnesota, to consider an application from Lawrence Coleman of FMHC Corporation for Clear Wireless, LLC for a Conditional Use Permit to install wireless equipment on an existing rooftop located at the following described property: Lot 1 Block 1 Eagle Ridge Plat #2 (PID #27-22451-010-01) More particularly this property is located at 1850 Eagle Ridge Drive This notice is pursuant to Title 12 (Zoning), Chapter 1 of the Mendota Heights City Code. Such persons as desire to be heard with reference to this Conditional Use Permit will be heard at this meeting. Kathleen M. Swanson City Clerk Auxiliary aids for disabled persons 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 Administrator at 452-1850. 18-45 18`8 (-1 U 1283 .� r. 1 W" 1850 Eagle Ridge Drive Dakota County, MN MARIE AVE u a - _ i�i1'�rk ;?51 1ocL7 �,1 f X72 g X15 -1 . P"13 S L ' TT 1 Disclaimer. Map and parcel data are believed to be accurate, but accuracy is not Map Scale guaranteed. This is not a legal document and should not be substituted for a title search, 1 inch = 303 feet appraisal, survey, or for zoning verification. =asy Pee','-' Labels i Bend along One tax i !r� �9�Y'�N�"��CSa 5.1rx0® i Usa A ertr u Template 51600 Feed Paper v r, expose I ow 0y� C gRTn2 c� Krovitz Stephen D Orren Sally E Scattarelli Deborah A Eagle Ridge Dr Unit E303 1850 Eagle Ridge Unit 304E 1850 Ea 1850 Eagle Ridge Dr Unit E209 Saint Paul Ridge 55118-4259 Mendota Heights Mn 55118-4258 Saint Paul Mn 55118-4259 Kaplan Reuben & Esther Johnson Barbara A Holzschuh Doris F p 1850 Eagle Ridge Dr Unit E307 Saint 1850 Eagle Ridge Dr Unit E305 Eagle Ridge Unit E306 Mendota Heights Mn 55118-4259 Saint Paul Mn 55118-4259 Saint Paul Mn 5511188 -4259 Gabor Janet R Seidel Stephen W Tste 1850 Carl A & Dorothy 1850 Eagle 1860 Eagle Ride Dr Unit W-101 Ridge e Ridge Dr Unit E308 1850 Eagle Ridge Dr Unit E309 Mendota Heights Mn 55118 Mendota Heights Mn 55118-4259 Mendota Heights Mn 55118-4258 g Gitlin Neil & Barb jKanter Yale & Jean Tstes Zaine Joseph J & Beverly A 1860 Eagle Ridge Dr Unit W102 1860 Eagle Ridge Dr Unit W103 1860 Eagle Ridge Dr Unit W104 Mendota Heights Mn 55118-4246 Saint Paul Mn 55118-4252 Saint Paul Mn 55118-4252 Borgen Janelle Neren Michael I Friedlander Donald E & Mary C 1860 Eagle Ridge Dr Unit W106 1860 Eagle Ridge Dr Unit W107 1860 Eagle Ridge Dr Unit 105 Mendota Heights Mn 55118-4246 Saint Paul Mn 55118-4252 Mendota Heights Mn 55118 Bates Barbara A Waldron Lois M Velez Virginia Garcia e Dr Unit W202 1860 Eagle Ridge Dr #108 1860 Eagle Ridge Dr Unit 201 Mendota 1860 Eagle Ridge Mn 55118-4252 Mendota Heights Mn 55118-4247 West Saint Paul Mn 55118 Korfhage H A Winger Larry J Levine Joseph I & Marina S 1860 Eagle Ridge Dr #204W 1860 Eagle Ridge Dr W Unit W205 1860 Eagle Ridge Dr Unit W203 g g Mendota Heights Mn 55118-4252 Saint Paul Mn 55118-4252 Mendota Heights Mn 55118-4247 g Wexler Scott Kamin Melvin M & Evelyn M Corson Norman 1860 Eagle Rid e Dr Unit W208 Ridge Dr Unit W207 1860 Eagle Ridg 1860 Eagle Ridge Dr Unit W206 9 9 Mendota Heights Mn 55118 Mendota Heights Mn 55118-4252 Mendota Heights Mn 55118 Butwin Ronald J Tste Davidson Joan B Kaminsky Sherman J & Beverly 8700 Westmoreland Ln 1860 Eagle Ridge Dr Unit W302 1860 Eagle Ridge Dr Unit W303 Heights Mn 55118 Saint Paul Mn 55118-4252 Mendota Hei Saint Louis Park Mn 55426-1935 g Mcnamara Tina C Berenberg Andrew M & Tiffany Redding William R Jr & Carol 11025 38Th PI N 1860 Eagle Ridge Dr Unit W306 1860 Eagle Ridge Dr Unit W304 Saint Paul Mn 55118-4252 Mendota Heights Mn 55118-4252 Plymouth Mn 55441 a t iqa tc-sfaciles A i eller �$ Rmplle a la bachure af`in de j itlrih9ll➢. vt?Y}rcC�l�7 ui ,.::__� a A,. w :<• R.,/'CDV 0 Z .r4n3 �-Gsens.de— y6vzler le teebord FOp, -UVTF.1 1 "1 -800 -GO -AVERY ,-` ra ( C : ..; 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A - 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 763.231.2555 Facsimile: 7(33.231.2561 piannersfc;)nacplanning.com MEMORANDUM TO: Mendota Heights Planning Commission FROM: Carie Fuhrman/Stephen W. Grittman DATE: May 20, 2010 MEETING DATE: May 25, 2010 SUBJECT: Critical Area Permit CASE NO: Case No. 10-15; NAC Case 254.04 — 10.14 APPLICANT(S): Mark Johnson LOCATION: 1646 Mayfield Heights Road ZONING: R-1 — One Family Residential GUIDE PLAN: LR — Low Density Residential Background and Description of Request: Mark Johnson is seeking approval of a Critical Area Permit for the construction of a 144 square foot detached accessory building in the rear yard of his property. The property is located at 1646 Mayfield Heights Road, is zoned R-1, One Family Residential, and is located within the Mississippi River corridor. According to Section 12-3-17 of the Zoning Ordinance, any work conducted within the Mississippi River Area Corridor (MRCA) requires a Critical Area Permit. Analysis: The property owner wishes to construct a 144 square foot (12 ft by 12 ft) detached accessory building (shed) in the southeast corner of the property in order to store garden equipment. A detached accessory building no more than 144 square feet in size is a permitted use in the R-1 District. The shed will be wood construction with vinyl siding to match the house, along with aluminum soffit and fascia and an overhead steel door. The roof shingles will also match those on the house. It will be constructed on a concrete pad with a 12 foot by 3 foot concrete ramp. The shed will be placed diagonally to the east and south property lines. The shed is proposed to be located 8 feet from the side (south) lot line and 11 feet from the rear (east) lot line. Both setbacks meet the Ordinance requirement of at least a 5 foot side and rear yard setback. The structure also meets the height limitations. Letter of Intent. The applicant has submitted a letter of intent stating that the contours of the lot cause runoff to drain from the southeast side of the property toward the northwest side of the property. The applicant does not anticipate any changes to the drainage plan, nor does he anticipate any additional storm water drainage to be created because the proposed location is relatively flat. He also states that no soils will be removed from the site, and any excavated soil will be used to contour the area around the concrete pad. The area surrounding the accessory structure will be landscaped with various perennials and natural mulch upon completion of the construction project. Critical Area Permit. This property is located within the Mississippi River corridor. Any work conducted within this corridor requires a Critical Area Permit as special guidelines have been adopted to protect and improve the River's natural, cultural, historic, and recreational resources in this area. Comprehensive Plan. The subject parcel is guided as Low Density Residential, according to the City's Comprehensive Plan Map. The request is consistent with this land use category, which provides for single family development. Construction of an accessory structure is compatible with this land use category. Action Requested: After a public hearing, the Planning Commission may consider one of the following recommendations: 1. Approval of the Critical Area Permit for construction of a detached accessory building, based on the attached draft findings of fact, and subject to the following conditions: a. Review and approval by the City Engineer. b. All construction activities must follow the City's Land Disturbance Guidance document 2. Denial of the Critical Area Permit for construction of a detached accessory building, based on the attached draft findings of fact. Staff Recommendation: 2 Planning staff recommends approval of the Critical Area Permit for construction of a detached accessory building as no significant soil loss, changing in grades, or altering of slopes will occur during the project; therefore, it appears that the project will not have a negative impact on the aesthetic integrity and natural environment of the Mississippi Critical Area. Supplementary Materials: 1. Application materials dated April 29, 2010 2. Site Location map 3 Draft Findings of fact for Approval Detached Accessory Building in the Critical Area 1646 Mayfield Heights Road The following Findings of Fact are made in support of approval of the above Critical Area Permit: 1. The accessory building will have little or no visual impact on the Critical Area or surrounding property. 2. The project will not create issues for grading or erosion. 3. The accessory building will have minimal impact on the land as the project does not involve grade changes, significant soil loss, or altering of steep slopes. 4. The construction will not jeopardize the aesthetic integrity and natural environment of the Mississippi Critical Area. 11 1646 Mayfield Heights Road Site Location Map Water/Wetlands / \/ City Roads Major Roads parcels ®...®� MunicipalBoundaries I f Mendota H eights APPLICATION FOR CONSIDERATION OF PLANNING REQUEST Case No. Date of Application Fee Paid Applicant Name- -ori-�E_.:., �a1r%n - PH:�a'I (Last) (First) (M) E -Mail Address:.�%�-�J�-� Address: f -c16 7 �� Zr� 76,63' � 1 � , � �r % Z:. (Number & Street) (City) (State) Owner Name (Last) (First) (M) _! //Y (Zip) Address: / ✓G f > �=�W� (Number & Street) (City) (State) (Zip) Street Location of Property in Question: — Legal Description & PIN of Property: (Complete Legal from Title or Deed must be provided) �6-770 V Type of Request: Rezoning Conditional Use Permit Conditional User Permit for P.U.D. Preliminary/Final Plat Approval Comprehensive Plan Amendment Applicable City Ordinance Number Present Zoning of Property Present Use Proposed Zoning of Property Proposed Use Variance Subdivision Approval Wetlands Permit Fir Critical Area Permit Other (attach explanation) Section I hereby declare that all statements made in this request and on the additional material are true. I further authorize City Officials and agents to inspect the above property during daylight hours. Date Received (Signatuof Applicant) (Signae of Owner) 1101 victuria Curve o Mendota Heights. MN 55116 ° (651) 452-1850 ° PAX (651) 452-8940 www.mendota-heights.com Mark S. Johnson 1646 Mayfield Heights Road Mendota Heights, Minnesota 55118 (651) 688-8426 LETTER OF INTENT Date: April 28, 2010 Applicant: Mark S. Johnson (Owner) Location: 1646 Mayfield Heights Rd. Legal Description: Lot 2, Block 1, Mayfield Heights Village of Mendota Heights PIN: 27-47500-021-00 Action Requested: Critical Area Permit Mark Steven Johnson of 1646 Mayfield Heights Road, Mendota Heights, Minnesota, is proposing to build an accessory structure, namely a "shed", on Lot 2, Block 1, Mayfield Heights, Village of Mendota Heights, also named 1646 Mayfield Heights Road. Mr. Johnson currently the owner and resides there. The proposed shed is a Gable Roof design with 144 square feet in size, namely 12' x 12', and to be placed at the south east corner of the property in accordance with Ordnance 289,4-20-1993. Because the proposed area of the lot consists of large mature trees, the placement of the structure will be approximately 11' from the rear lot line and approximately 8' from the side lot line. The structure will be placed diagonally to the lot lines. The contour of the lot allows the drainage of water from the south east side of the property toward the North West side of the property, and because the area in which this structure will be placed is relatively flat, it is not anticipated any additional storm water draining will be created. The site proposed footprint does not consist of any flora or fauna, and no soils will be removed from the site. Any excavated soil will be used to contour the area around the concrete pad. Upon completion, the area around the structure will be landscaped with various perennials and natural mulch. There will be no changes in the drainage plan which was originally submitted for the existing house. The structure will be constructed on a concrete pad with a concrete ramp. It will be 2" x 4" wood construction, 16" O.C., with OSB sheathing, vinyl siding to match the house, and aluminum soffit and fascia. The roof trusses will be manufactured with a 5/12 pitch, 24" O.C. The roof with be shingles to match those on the house and placed on felt paper over 112" sheathing. The door will be an overhead style steel door. This structure will be used to house garden equipment. INDEX Certificate of Survey Site Plan Water delineation plan Proposed Accessory Structure Plan Page 3 Page 4 Page 5 Page 6&7 1646 Mayfield Heights Road April 26,2010 210 1054 City of Mendota 50ALHeights A A, SLE IN FEET 1028 0 49 47 IN 1646 210 ------------------------------------------ 1655 SHINGL OVER V 8'-4 SCHAFER BROTHERS CONSTRUCTION INC. 1646 MAYFMLD HEIGHTS RD WNDOTA HEIGHTS, MN 12X12 SHED '16"O. C. ,SB SHEATHING SIDING � 12'-0" SCHAFER BROTHERS CONSTRUCTION INC. 1646 MAYFIELD HEIGHTS RD MENDOTA HEIGHTS, MN 12'-0" - i MFG TRUSSES 24" O. C. 8x7 OH DOOR 2) 9 1/2" LVL HDR DBL TRIMMERS CONCRETE RAMP 2x4 AT 16" O. C. 7/16" OSB SHEATHING VINYL SIDING * -)( PIONEER � �ngtneer�ng LAND SURVEYORS • CINL E Certificate of Survey for: 5M 833.8 2422 Enterprise Drive Mendota Heights, MN 55120 (651) 681-1914 FAX:681-9488 E-mail: PIONEERENG.COM LANG PLAN us . LANDSCAPE ARCN11EC1S 625 Highway 10 N.E. Blaine, MN 55434 (612).783-1880 FAX:783-1883 E-mail: PION EER 2®PRESSENTER.COM LIFESTYLE HOMES BENCH MARK TOP OF PIPE ELEV.=824.01 I I I I 23.4 I I � I I I DRIVEWAY I G EASEMENT I •�\\�� pe71260 39.1 I 0 I zN 1 Fb I N0 1 X= 1 Ld 1 1 4 1 1 BENCH MARK TOP OF PIPE ELEV.=834.60 PROP. CONTOUR (TYP.) ,i >c ez6.a EXISTING CONTOUR (TYP.) ,/8L3 / B26.a � .^' X X B]1.0 829.5 /X 830.2 X29 w;l„ 210.43 n 11 829.5 I x _.2n .zx 831.6 x a31N. 10"BOX x.1 828 ��;{ N'YY' RE7AAL C_ 3t.3 -B Sias 8"LOCUST 8 M �J DO1 y Z x�e ' 111• 0" X 11.7 % 30.3 V V �D •:LOCUS& 6.SL1 - "BOXEL x1+321 X �v 36"MAPLE I. 929.2 % ] 930.1 x 830.6 rY_ % 932.9 X a3�9 x 30.1 w 31.1 4 0"BOXFA X 933.2 BOXEL BJO.D ) w �1 x 93ya 1 ... X 931.E i' % 8J0.7 ! x 3Lr� I.. J� ^ I 932.3- -1 �1 93 I i FREE X B28.9 j X 931.7 LOCATION I �LF� .v. 1O.( APPROXIMATE 's+ OF EASEMENT PER BK. 259 1 1' _x�az9.z _ie OF DEEDS. PG. 19B TAKEN -�-� aan� CD 12 7 FROM PLANS PROVIDED 1B,-COTTONWjJ�J "7$`COTLQNWOOD%B30a BY OTHERS. % "COTT WOOD x e30s 6Jz 636.7 >'f 5" 210,27" x e3J.1 `�=1 X B}1.6 X aJ3.z 1•: X B32. NOTE: PROPOSED GRADES SHOWN PER GRADING PLAN BY: NOTE: OF STRUCTURES DIMENSIONS ONLY.S SEE ARCHI ECTUALHOWN ARE FORPLANS FOR BUILDINGIZONTAL AND AND CATION AND FOUNDATION DIMENSIONS. IS LOT NOTE: NO SPECIFIC SURVEYOR! THE SOILS SUITABILITY INVESTIGATION OF SOILS TO SUPPORTBEEN LTHE SPECIFETED ON FIC HOUSE BY THE PROPOSED IS NOT THE RESPONSIBILITY OF THE SURVEYOR. PROPOSED HOUSE ELEVATION LOWEST FLOOR ELEVATION: TOP OF BLOCK ELEVATION: 31• GARAGE SLAB ELEVATION: c630- T.O.B. 630•T.O.B. (9 L.O. ELEVATION: �Z y X 000.00 DENOTES EXISTING ELEVATION NOTE: THIS CERTIFICATE DOES NOT PURPORT TO SHOW EASEMENTS OTHER THAN 000.00 ) DENOTES PROPOSED ELEVATION THOSE SHOWN ON THE RECORDED PLAT. =7--== DENOTES DRAINAGE AND UTILITY EASEMENT NOTE: CONTRACTOR MUST VERIFY DRIVEWAY DESIGN. DENOTES DRAINAGE FLOW DIRECTION DENOTES MONUMENT NOTE: BEARINGS SHOWN ARE BASED ON AN ASSUMED DATUM 0 DENOTES OFFSET HUB WE HEREBY CERTIFY TO LIFESTYLE HOMES THAT THIS IS A TRUE AND CORRECT' REPRESENTATION OF A SURVEY OF THE BOUNDARIES OF: LOT 2, BLOCK 1, MAYFIELD HEIGHTS VIL 1 G. NDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA IT DOES NOT PURPORT TO SHOW IMPROVEMENTS OR ENCHROACHM S SURVEYED BY ME OR UNDER- MY DIRECT SUPERVISION THIS 26th DAY OF OCTOBER, 199 In FR ENGINE RE SNB. P.A. SCALE : 1 INCH = 40 FEET 199530501 '' /L . Zrson, L.S. Reg. No. 19828. PIONEER *engineer ng -K certificate of Survey for: LAND SURW, AS 2422 Enterprise Drive Mendota Heights, MN 55120 (651) 681-1914 FAX:681-9488 E-mail: PIONEERENG.COM !D PLANNERS• LANDSCAPE ARCHITECTS 625 Highway 10 N.E. IdEw.] Q I 817.4 817.9 B1B.Bx O 1818.6 ry OrI O 0 I w`r 1 0I X 82BJ w I Q X X 2 929.9 BJ0.4 / I of 933.8 Blaine, MN 55434 (612) 783-1880 FAX:783-1883 E-mail: PIONEER2@PRESSENTER.COM LIFESTYLE HOMES ��(i�LO��D Coil fl1Ta�I 23.4 . PROPOSED CONTOURS (TYP.) i EASEMENT G 926.8 // .- EXISTING CONTOURS (TYP.) PER DOC. �� ��i S� 8Z8 #871260 �� F. BOJ // % '� - 826. �� x 830.7830 1x 9n.o ex9s X 830.2 927.0 / 829 83,.8,83,.2_ 210.43 X Y Y I x 6]z a l]z.zx 6n.6 Q 10"BOXY x e. �' x 931.J�XE 0 RETv I L G_ 3,. 3,.5 8"LOCUST ``� y 3Z5q 0.4 930. X 31.7 XVv = X 30 "LOCUS& e31., ••B g32 x 3z.�z 35"MAPLE / h1 X 8J2.9 X 34 928. x 3 x30.1 X 830.6 �, x 63 9 OXER �� x e33.z �x 030.x8]2.8 ��29.58300 2 X 83 I ', ^n 3)L jj�6x x930.7Qe ]1.OXIMATE LOCATIONEASEMENT PER BK. 259 F DEEDS, PG. 198 TAKENFROM PLANS PROVIDED 8"COTTON rTII`COTIQN e]0.7 BY OTHERS. "COTTONWOOD X e]o.s 32 9]6.7 um 895.7 81 8 M -J2 E'. 3s.1 , S89' 15 x 933., 21 OSi x 331.1 ONING WALL W OTHERS) F� 4.3 S20 X= W x 8]3.2 x PROPOSED HOUSE ELEVATION NOTE: PROPOSED GRADES SHOWN PER GRADING PLAN BY: LOWEST FLOOR ELEVATION: 9 Z3 Z 3 NOTE: BUILDING DIMENSIONS SHOWN ARE FOR HORIZONTAL AND VERTICAL LOCATION TOP OF BLOCK ELEVATION: OF STRUCTURES ONLY. SEE ARCHITECTUAL PLANS FOR BUILDING AND FOUNDATION DIMENSIONS. GARAGE SLAB ELEVATION: 8j 9 NOTE: NO SPECIFIC SOILS INVESTIGATION HAS BEEN COMPLETED ON THIS LOT BY THE p SURVEYOR. THE SUITABILITY OF SOILS TO SUPPORT THE SPECIFIC HOUSE T.O.B. 0 L. 0. ELEVATION: _[L_ -- PROPOSED IS NOT THE RESPONSIBILITY OF THE SURVEYOR. NOTE: THIS CERTIFICATE DOES NOT PURPORT TO SHOW EASEMENTS OTHER THAN X 000.00 DENOTES EXISTING ELEVATION THOSE SHOWN ON THE RECORDED PLAT. ( 000.00) DENOTES PROPOSED ELEVATION DENOTES DRAINAGE AND UTILITY EASEMENT NOTE: CONTRACTOR MUST VERIFY DRIVEWAY DESIGN. DENOTES DRAINAGE FLOW DIRECTION NOTE: BEARINGS SHOWN ARE BASED ON AN ASSUMED DATUM • DENOTES MONUMENT --�- DENOTES OFFSET HUB WE HEREBY CERTIFY TO LIFESTYLE HOMES THAT THIS IS A TRUE AND CORRECT REPRESENTATION OF A SURVEY OF THE BOUNDARIES OF: OT 2, BLOCK 1, MAYFIELD HEIGHTS VILLAGE OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA IT DOES NOT PURPORT TO SHOW IMPROVEMENTS OR ENCHROACHMENTS, EXCEPT AS SHOWN, AS SURVEYED BY ME OR UNDER MY DIRECT SUPERVISION THIS 26th DAY OF OCTOBER, 1999. SIG ED -PIONEER ENGIN RING,r P.A. SCALE : 1 INCH = 40 FEET BYe' i21 199530501 Larson, L.S. Reg. No. 19828 CITY OF MENDOTA HEIGHTS NOTICE OF HEARING May 5. 2010 TO WHOM IT MAY CONCERN: NOTICE is hereby given that the Planning Commission of Mendota Heights will meet at 7:00 P.M., or as soon as possible thereafter, on Tuesday, May 24, 2010 in the City Hall Council Chambers, 1101 Victoria Curve, Mendota Heights, Minnesota, to consider an application from Mark Johnson for a Critical Area Permit for an accessory structure (shed) located at the following described property: Lot 2 Block 1 Mayfield Heights, Village of Mendota Heights (PIN #27-47500-021-00) More particularly this property is located at 1646 Mayfield Heights This notice is pursuant to Title 12 (Zoning), Chapter 3 of the Mendota Heights City Code. Such persons as desire to be heard with reference to this Conditional Use Permit will be heard at this meeting. Kathleen M. Swanson City Clerk Auxiliary aids for disabled persons 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 Administrator at 452-1850. 1646 Mayfield Heights Dakota Countv, MN 1010 a MAYF'IELD HEIGHTS LN w q 1670 16127 �a Disclaimer. Map and parcel data are believed to be accurate, but accuracy is not Map Scale guaranteed. This is not a legal document and should not be substituted for a title search, 1 inch = 174 feet appraisal, survey, or for zoning verification. x I I � '16Eii 167Ci 11. u i 17'60 17GG 17W i i 7'X' i AX) 17k a MAYF'IELD HEIGHTS LN w q 1670 16127 �a Disclaimer. Map and parcel data are believed to be accurate, but accuracy is not Map Scale guaranteed. This is not a legal document and should not be substituted for a title search, 1 inch = 174 feet appraisal, survey, or for zoning verification. x I I � '16Eii 167Ci u 17'60 17GG 17W i i 7'X' i AX) 17k a MAYF'IELD HEIGHTS LN w q 1670 16127 �a Disclaimer. Map and parcel data are believed to be accurate, but accuracy is not Map Scale guaranteed. This is not a legal document and should not be substituted for a title search, 1 inch = 174 feet appraisal, survey, or for zoning verification. x a MAYF'IELD HEIGHTS LN w q 1670 16127 �a Disclaimer. Map and parcel data are believed to be accurate, but accuracy is not Map Scale guaranteed. This is not a legal document and should not be substituted for a title search, 1 inch = 174 feet appraisal, survey, or for zoning verification. Lethert Irene Tste 1700 Lexington Ave S Unit 311 Lindquist Shirley J Tstee 3712 Lakepointe Way Anderson Kent D 1700 Lexington Ave S Unit 402 Lilydale Mn 55118-3611 Bonita Springs FI 34134 Lilydale Mn 55118 3611 Doering Gordon V 1700 Lexington Ave S Unit 403 Mccloud Deborah T 1700 Lexington Ave S Unit 404 Hafiz Barbara A 1700 Lexington Ave S Unit 405 Lilydale Mn 55118-3611 Lilydale Mn 55118-3611 Lilydale Mn 55118-3611 Karjala Henry E & Beth I 1700 Lexington Ave S Unit 406 Mauritz Marilyn 1700 Lexington Ave S Unit 407 Katz Harry H & Constance 1700 Lexington Ave S Unit 408 Lilydale Mn 55118-3611 Lilydale Mn 55118 3611 Lilydale Mn 55118-3611 Tilsner William 1700 Lexington Ave S Unit 409 Kitts Harry W & Marlys 27770 Canal Rd Apt 2301 Mulrooney Levonne D 1700 Lexington Ave Unit 411 Lilydale Mn 55118-3611 Orange Beach Al 36561 Lilydale Mn 55118 Cannon Alice D 1700 Lexington Ave S Unit 104 Mulrooney Levonne D 1700 Lexington Ave Unit 411 Hazuka Dolores M 1700 Lexington Ave S Unit 109 Lilydale Mn 55118-3610 Lilydale Mn 55118 Lilydale Mn 55118-3610 Hazuka Dolores M 1700 Lexington Ave S Unit 109 Lennon James E & Carm A 1700 Lexington Ave S Apt 211 Lennon James E & Carm A 1700 Lexington Ave S Apt 211 Lilydale Mn 55118-3610 Lilydale Mn 55118 Lilydale Mn 55118 Mauritz Marilyn 1700 Lexington Ave S Unit 407 Brody Sanford A Tste 1700 Lexington Ave S Unit 108 Brody Sanford A Tste 1700 Lexington Ave S Unit 108 Lilydale Mn 55118 3611 Lilydale Mn 55118 3611 Lilydale Mn 55118 3610 Berlin Helen R Tste Piekarski Maureen D Hepp James T & Eileen J % Chad A Fett 1700 Lexington Ave S 1700 Lexington Ave S Unit 309 950 Highway 95 N Lilydale Mn 55118 Lilydale Mn 55118 3611 Bayport Mn 55003 Berlin Helen R Tste Doering Gordon V & L J Doering Gordon V & L J % Chad A Fett 1700 Lexington Ave S Unit 403 1700 Lexington Ave S Unit 403 950 Highway 95 N Lilydale Mn 55118-3611 Lilydale Mn 55118-3611 Bayport Mn 55003 Weisbecker Rosemary Krakowski Joy P & James J Tste Cummins Carl W & Elizabeth R 1700 Lexington Ave S Unit 302 1700 Lexington Ave S Unit 306 Lilydale Mn 55118-3611 1340 Middle Gulf Dr Sanibel FI 33957-4617 Lilydale Mn 55118-3611 Cummins Carl W & Elizabeth R Krakowski Joy P & James J Tste 1340 Middle Gulf Dr Seliski Ronald E 1700 Lexington Ave Unit 205 1700 Lexington Ave S Unit 302 ilydale Mn 55118-3611 Sanibel FI 33957-4617 Lilydale Mn 55118 Specktor Gerald A & Marilyn L 1700 Lexington Ave S Unit 310 Hepp James T & Eileen J 1700 Lexington Ave S Unit 309 Bloomer Michael 1700 Lexington Ave S Unit 307 Lilydale Mn 55118 3611 Lilydale Mn 55118 3611 Lilydale Mn 55118 Weisbecker Rosemary 1700 Lexington Ave S Unit 306 Malmon Howard I & Suzanne D 1700 Lexington Ave S Unit 305 Lind Jacqueline 1700 Lexington Ave S Unit 304 Lilydale Mn 55118-3611 Lilydale Mn 55118-3611 Lilydale Mn 55118-3611 Moon Gregory O 1700 Lexington Ave S Apt 303 Lennon James E & Carm A 1700 Lexington Ave S Unit 211 Alesso Phillip P 1700 Lexington Ave S Unit 210 Saint Paul Mn 55118 Lilydale Mn 55118-3610 Lilydale Mn 55118-3610 Bantle Leo P & Marjorie A Piekarski Maureen D Seliski Ronald E 1700 Lexington Ave S Unit 208 1700 Lexington Ave S 1700 Lexington Ave Unit 205 Lilydale Mn 55118-3610 Lilydale Mn 55118 Lilydale Mn 55118 York Shirley P & Robert T Murphy Catherine Benmaman Virginia R 7830 E Camelback Rd Unit 708 1700 Lexington Ave S Unit 203 1700 Lexington Ave Apt 202 Scottsdale Az 85251 Lilydale Mn 55118 3610 Lilydale Mn 55118 Berlin Helen R Tste Hazuka Dolores M Krakowski Joy P & James J Tste % Chad A Fett 1340 Middle Gulf Dr 950 Hi hwa 95 N 1700 Lexington Ave S Unit 109 g y Lilydale Mn 55118-3610 Sanibel FI 33957-4617 Bayport Mn 55003 Brody Sanford A Tste 1700 Lexington Ave S Unit 108 Howes Caroline J Tste 1700 Lexington Ave S Unit 106 Cannon Alice D 1700 Lexington Ave S Unit 104 Lilydale Mn 55118 3610 Saint Paul Mn 55118 3610 Lilydale Mn 55118-3610 Hirsekorn Fred S Mason Robert W Tste Riverwood Apts Illtd Ptnshp 1700 Lexington Ave S Unit 103 1700 Lexington Ave S Unit 102 Lilydale Mn 55118-3610 8325 Wayzata Blvd Ste 200 Golden Valley Mn 55426 Lilydale Mn 55118 3610 r<arjala Henry E & Beth I 1700 Lexington Ave S Unit 406 Karjala Henry E & Beth I 1700 Lexington Ave S Unit 406 Hafiz Barbara A 1700 Lexington Ave S Unit 405 Lilydale Mn 55118-3611 Lilydale Mn 55118-3611 Lilydale Mn 55118-3611 Murphy Catherine Howes Caroline J Tste Benmaman Virginia R 1700 Lexington Ave S Unit 203 1700 Lexington Ave S Unit 106 1700 Lexington Ave Unit 202 Lilydale Mn 55118 3610 Lilydale Mn 55118 3610 Lilydale Mn 55118 Anderson Kent D Anderson Kent D Tilsen Robert S 1700 Lexington Ave S Unit 402 1700 Lexington Ave S Unit 402 1700 Lexington Ave S Unit 308 Lilydale Mn 55118 3611 Lilydale Mn 55118 3611 Mendota Heights Mn 55118-3611 Moon Gregory O Hepp James T & Eileen J Malmon Howard I & Suzanne D 1700 Lexington Ave S Apt 303 1700 Lexington Ave S Unit 309 1700 Lexington Ave S Unit 305 Saint Paul Mn 55118 Lilydale Mn 55118 3611 Lilydale Mn 55118-3611 Lindquist Shirley J Tstee Benmaman Virginia R Lindquist Shirley J Tstee 3712 Lakepointe Way 1700 Lexington Ave Unit 202 3712 Lakepointe Way Bonita Springs FI 34134-8611 Lilydale Mn 55118 Bonita Springs FI 34134-8611 Lind Jacqueline Alesso Phillip P York Shirley P & Robert T 1700 Lexington Ave S Unit 304 1700 Lexington Ave S Unit 210 7830 E Camelback Rd Unit 708 Lilydale Mn 55118-3611 Lilydale Mn 55118-3610 Scottsdale Az 85251 Oconnell Thomas R Mccloud Deborah T Bloomer Michael 1700 Lexington Ave S Unit 206 1700 Lexington Ave S Unit 404 1700 Lexington Ave S Unit 307 Lilydale Mn 55118 Lilydale Mn 55118-3611 Lilydale Mn 55118 Marvy Laurence G & Mirel A Bloomer Michael Kitts Harry W & Marlys 1700 Lexington Ave S Unit 105 1700 Lexington Ave S Unit 307 27770 Canal Rd Apt 2301 Lilydale Mn 55118 Lilydale Mn 55118 Orange Beach Al 36561 Kitts Harry W Marlys Lambrides Daniel H & Mary Jane Katz Harry H & Constance 27770 Canal Rd Apt 2301 1700 Lexington Ave S Apt 107 1700 Lexington Ave S Unit 408 Orange Beach Al 36561 Lilydale Mn 55118 Lilydale Mn 55118-3611 Tilsner William Brody Sanford A Tste Krakowski Joy P & James J Tste 1700 Lexington Ave S Unit 409 1700 Lexington Ave S Unit 108 1340 Middle Gulf Dr Lilydale Mn 55118-3611 Lilydale Mn 55118-3610 Sanibel FI 33957-4617 Overlook Cond Assoc Seliski Ronald E Oconnell Thomas R 1700 Lexington Ave S Unit 405 1700 Lexington Ave S Unit 205 1700 Lexington Ave S Unit 206 Lilydale Mn 55118 3611 Lilydale Mn 55118-3610 Lilydale Mn 55118 Piekarski Maureen D 1700 Lexington Ave S Bush Janel M 1700 Lexington Ave S Unit 301 Rourke Timothy A 1 Lillywood Ln ilydale Mn 55118 Lilydale Mn 55118 Lillydale Mn 55118 Daniels Gloria M Tremblay Mario & Colette 11 Lilywood Ln Harwood Lorraine R 1021 Sibley Memorial Hwy Unit 204 10 Lilywood Ln Saint Paul Mn 55118-6102 Saint Paul Mn 55118-6102 Lilydale Mn 55118 Graham Shirley B Tste Willwerscheid Stephen B Harwood Lorraine R 1021 Sibley Memorial Hwy Unit 103 1021 Sibley Memorial Hwy Unit 102 1021 Sibley Memorial Hwy Unit 204 Saint Paul Mn 55118 3675 Lilydale Mn 55118-6100 Lilydale Mn 55118-6100 Malchow William T Malchow William T Schoenwetter Lewis J Tste 1021 Sibley Memorial Hwy Unit 101 1021 Sibley Memorial Hwy Unit 101 1021 Sibley Memorial Hwy Unit 308 Lilydale Mn 55118 Lilydale Mn 55118 Saint Paul Mn 55118 3676 Schoenwetter Lewis J Tste Patterson Katherine S Patterson Katharine S 1021 Sibley Memorial Hwy Unit 308 1021 Sibley Memorial Hwy Unit 408 1021 Sibley Memorial Hwy Unit 408 Saint Paul Mn 55118 3676 Saint Paul Mn 55118 5608 Saint Paul Mn 55118 5608 Bieter Monica Tste 1021 Sibley Memorial Hwy Unit 305 Janssen Robert I Tste 1021 Sibley Memorial Hwy Unit 404 Rinkey Benjamin S & Paula E 1021 Sibley Memorial Hwy Unit 201 Lilydale Mn 55118-3676 Saint Paul Mn 55118 5608 Saint Paul Mn 55118 5607 Abbott Howard J Jr 1021 Sibley Memorial Hwy Unit 208 Abbott Howard J Jr 1021 Sibley Memorial Hwy Unit 208 Norman E Henning Restated Tst 1021 Sibley Memorial Hwy Unit 108 Lilydale Mn 55118-5607 Lilydale Mn 55118-5607 Saint Paul Mn 55118 3675 Wey Raymond Norman E Henning Restated Tst Lingofelt Roger L & Shirley K 1077 Sibley Memorial Hwy Unit 101 1021 Sibley Memorial Hwy Unit 108 1021 Sibley Memorial Hwy Unit 203 Saint Paul Mn 55118-5610 Saint Paul Mn 55118 3675 Lilydale Mn 55118-6100 Maccormick John H Weihemuller Evelyn J Schmidt James G & Brenda L 1021 Sibley Memorial Hwy Unit 205 1021 Sibley Memorial Hwy Unit 206 1021 Sibley Memorial Hwy Unit 106 Lilydale Mn 55118 Lilydale Mn 55118 Saint Paul Mn 55118 3675 ,'odas William & Nancy Tste Pollmann Robert E & Linda L Pollmann Robert E & Linda L 1021 Sibley Memorial Hwy Unit 306 1021 Sibley Memorial Hwy Unit 406 1021 Sibley Memorial Hwy Unit 406 Saint Paul Mn 55118 3676 Saint Paul Mn 55118 5608 Saint Paul Mn 55118 5608 Field John C & Angela R Murlowski Robert & Patricia Pilko Roman & Agnes 1021 Sibley Memorial Hwy Unit 405 1077 Sibley Memorial Hwy Unit 103 1021 Sibley Memorial Hwy Unit 304 Saint Paul Mn 55118 5608 Saint Paul Mn 55118-5610 Lilydale Mn 55118-3676 Reis John J & Betty M 1021 Sibley Memorial Hwy Unit 105 Saint Paul Mn 55118 3675 Malchow W Timothy 1021 Sibley Memorial Hwy Unit 101 Lilydale Mn 55118-3675 Malchow W Timothy 1021 Sibley Memorial Hwy Unit 101 Lilydale Mn 55118-3675 Pollmann Robert E & Linda L 1021 Sibley Memorial Hwy Unit 406 Saint Paul Mn 55118-5608 Janssen Robert I Tste 1021 Sibley Memorial Hwy Unit 404 Saint Paul Mn 55118-5608 Anderson Linda M 1077 Sibley Memorial Hwy Unit 107 Lilydale Mn 55118 Olson Theodore H & Ruth B 1077 Sibley Memorial Hwy Unit 201 Saint Paul Mn 55118-5609 Ingham Robert J Tste 1101 Sibley Memorial Hwy Unit 411 Saint Paul Mn 55118 Wangensteen Jacquelline 1021 Sibley Memorial Hwy Unit 107 Saint Paul Mn 55118 3675 Sands Roxanne 1021 Sibley Memorial Hwy Unit 401 Saint Paul Mn 55118 5608 Malchow W Timothy 1021 Sibley Memorial Hwy Unit 101 Lilydale Mn 55118-3675 Janssen Robert I Tste 1021 Sibley Memorial Hwy Unit 404 Saint Paul Mn 55118-5608 Pilko Roman & Agnes 1021 Sibley Memorial Hwy Unit 304 Lilydale Mn 55118-3676 Mullen Gerald V & Suzanne M 1077 Sibley Memorial Hwy Unit 109 Saint Paul Mn 55118-5610 Joyce Phyllis H 1077 Sibley Memorial Hwy Unit 203 Lilydale Mn 55118-5609 Malchow William T 1021 Sibley Memorial Hwy Unit 101 Lilydale Mn 55118 Wangensteen Jacquelline 1021 Sibley Memorial Hwy Unit 107 Saint Paul Mn 55118 3675 Sands Roxanne 1021 Sibley Memorial Hwy Unit 401 Saint Paul Mn 55118-5608 Arthur N Goodman Fam Ltd Ptnsh % R William Reilly 173 Stonebridge Rd Lilydale Mn 55118 Podas William & Nancy Tste 1021 Sibley Memorial Hwy Unit 306 Saint Paul Mn 55118-3676 Danner Neil C 1021 Sibley Memorial Hwy Unit 403 Lilydale Mn 55118-6100 Salland Rita L 1077 Sibley Memorial Hwy Unit 111 Saint Paul Mn 55118-5610 Campbell Francis J 1910 Graham Ave Unit 214 Saint Paul Mn 55116 Mcfarlane Edith B 1101 Sibley Memorial Hwy Unit 412 Lilydale Mn 55118-3665 Willwerscheid Stephen B Rohleder Patricia Graham Shirley B Tste 1021 Sibley Memorial Hwy Unit 102 1101 Sibley Memorial Hwy Unit 413 1021 Sibley Memorial Hwy Unit 103 Lilydale Mn 55118-6100 Saint Paul Mn 55118-3665 Saint Paul Mn 55118-3675 Kennedy Patrick A Tste 1101 Sibley Memorial Hwy Unit 500 Armajani Babak 1101 Sibley Memorial Hwy Unit 501 Shiely Cynthia 1101 Sibley Memorial Hwy Unit 502 -"endota Heights Mn 55118-5625 Lilydale Mn 55118 Lilydale Mn 55118-5616 Schmidt James G & Brenda L 1021 Sibley Memorial Hwy Unit 106 Delaney Frank Jr & Susanne 1101 Sibley Memorial Hwy Unit 503 Wangensteen Jacquelline 1021 Sibley Memorial Hwy Unit 107 Saint Paul Mn 55118-3675 Saint Paul Mn 55118-5616 Lilydale Mn 55118 Genereaux Bradford W Norman E Henning Restated Tst Goodrich Leo C Tste 1101 Sibley Memorial Hwy Unit 504 1021 Sibley Memorial Hwy Unit 108 1101 Sibley Memorial Hwy Unit 505 Saint Paul Mn 55118-5616 Saint Paul Mn 55118-3675 Saint Paul Mn 55118-5616 Brown Leroy & Dorothy L Wilkie Helen Ferber Mary Jane 1077 Sibley Memorial Hwy Unit 207 1101 Sibley Mem Hwy Apt 507 1101 Sibley Memorial Hwy Saint Paul Mn 55118-5609 Lilydale Mn 55118 Saint Paul Mn 55118 Pierson Michelle M Schwarzbauer Phyllis G Barry Lee W & Delores S 1101 Sibley Memorial Hwy Unit 510 1101 Sibley Mem Hwy Unit 511 1101 Sibley Memorial Hwy Unit 513 Saint Paul Mn 55118-5616 Saint Paul Mn 55118-5616 Saint Paul Mn 55118-5616 Mcdonnell Robert Ferguson Wm F & Marlene Unger Howard M Trste 1101 Sibley Memorial Hwy Unit 600 1101 Sibley Memorial Hwy Unit 601 1077 Sibley Memorial Hwy Unit 209 Saint Paul Mn 55118-5616 Saint Paul Mn 55118-5616 Saint Paul Mn 55118-5609 Soucheray Mary H Overell William Tste Stang Kathryn A 1101 Sibley Memorial Hwy Unit 602 1101 Sibley Memorial Hwy Unit 603 1101 Sibley Memorial Hwy Unit 604 Saint Paul Mn 55118-5616 Lilydale Mn 55118-5616 Saint Paul Mn 55118-5617 Jardine Nancy A Tste Bierman Janice L Orfield Angela T 1101 Sibley Memorial Hwy Unit 605 1101 Sibley Memorial Hwy Unit 606 1101 Sibley Memorial Hwy Unit 607 Lilydale Mn 55118-5617 Saint Paul Mn 55118-5617 Lilydale Mn 55118 Schmuckler Sidney K Tste Dougherty Bernice H Malone John Martin 1101 Sibley Memorial Hwy Unit 609 1101 Sibley Memorial Hwy Unit 610 1101 Sibley Memorial Hwy Unit 611 Saint Paul Mn 55118-5617 Saint Paul Mn 55118-5617 Saint Paul Mn 55118-5617 ,�wanberg Cleone W Simon Beverly Fine Mulally Edward & Clelia 1077 Sibley Memorial Hwy Unit 211 1101 Sibley Mem Hwy Unit 612 1101 Sibley Mem Hwy Unit 613 Lilydale Mn 55118-5609 Saint Paul Mn 55118-5617 Saint Paul Mn 55118-5617 Kronschnabel George James Finn Eleanor J Bellew Kathleen L 1077 Sibley Memorial Hwy Unit 300 1077 Sibley Mem Hwy 1077 Sibley Memorial Hwy Unit 302 Saint Paul Mn 55118-3615 Saint Paul Mn 55118-3667 Lilydale Mn 55118 Anderson Marbury E & Sylvia L 1077 Sibley Mem Hwy Unit 303 Saint Paul Mn 55118-3615 Matson Kristine & Diane 1077 Sibley Memorial Hwy Unit 306 Lilydale Mn 55118 Harwood Lorraine R 1021 Sibley Memorial Hwy Unit 204 Lilydale Mn 55118 Abbott Howard J Jr 1021 Sibley Memorial Hwy Unit 208 Lilydale Mn 55118-5607 Ring Michael R & Ann M 1077 Sibley Memorial Hwy Unit 309 Saint Paul Mn 55118-3615 Bernick Marcia Tste 1077 Sibley Memorial Hwy Unit 401 Lilydale Mn 55118 O Hara John D 1077 Sibley Memorial Hwy Unit 404 Saint Paul Mn 55118-3605 Malchow W Timothy 1021 Sibley Memorial Hwy Unit 101 Lilydale Mn 55118-3675 Lawler Anna B & Kevin M 1077 Sibley Memorial Hwy Unit 304 Saint Paul Mn 55118-3615 Rinkey Benjamin S & Paula E 1021 Sibley Memorial Hwy Unit 201 Saint Paul Mn 55118-5607 Maccormick John H 1021 Sibley Memorial Hwy Unit 205 Lilydale Mn 55118 Carlson Robert W & Laverne 1077 Sibley Memorial Hwy Unit 307 Saint Paul Mn 55118-3615 Fink Edmar T Tste 1077 Sibley Memorial Hwy Unit 310 Saint Paul Mn 55118-3615 Swedberg Dudley W & June H 1077 Sibley Memorial Hwy Unit 402 Lilydale Mn 55118 Arthur N Goodman Fam Ltd Ptnsh % R William Reilly 173 Stonebridge Rd Lilydale Mn 55118 Pilko Roman & Agnes 1021 Sibley Memorial Hwy Unit 304 Lilydale Mn 55118-3676 Macdonald Dorothy G 1077 Sibley Memorial Hwy Unit 305 Saint Paul Mn 55118-3615 Lingofelt Roger L & Shirley K 1021 Sibley Memorial Hwy Unit 203 Lilydale Mn 55118-6100 Weihemuller Evelyn J 1021 Sibley Memorial Hwy Unit 206 Lilydale Mn 55118 Heinrich Phyllis E 1077 Sibley Memorial Hwy Unit 308 Saint Paul Mn 55118-3615 Grund Diane L 1077 Sibley Memorial Hwy Unit 311 Lilydale Mn 55118 Johnson Paul O 1077 Sibley Mem Hwy Unit 403 Saint Paul Mn 55118-3605 Malchow W Timothy 1021 Sibley Memorial Hwy Unit 101 Lilydale Mn 55118-3675 Bieter Monica Tste 1021 Sibley Memorial Hwy Unit 305 Saint Paul Mn 55118-3676 Podas William & Nancy Tste Schoenwetter Lewis J Tste Blanc Leslie C 1021 Sibley Memorial Hwy Unit 307 1021 Sibley Memorial Hwy Unit 308 1077 Sibley Memorial Hwy Unit 405 Saint Paul Mn 55118-3676 Saint Paul Mn 55118-3676 Lilydale Mn 55118 Foster Ann M Long Richard J Tste Weitzman Bernard J & Alice 1077 Sibley Memorial Hwy Unit 407 1077 Sibley Mem Hwy Apt 408 1077 Sibley Memorial Hwy Unit 410 ilydale Mn 55118-3605 Lilydale Mn 55118 Saint Paul Mn 55118-3605 Elsham William B Baker Elizabeth A Goreth Krumpelmann Lee A Tste 1077 Sibley Memorial Hwy Unit 411 1077 Sibley Memorial Hwy Unit 500 1077 Sibley Memorial Hwy Unit 501 Lilydale Mn 55118 Saint Paul Mn 55118-5611 Lilydale Mn 55118-5611 Fram Virginia Ruth Sands Roxanne Danner Neil C 1077 Sibley Memorial Hwy Unit 502 1021 Sibley Memorial Hwy Unit 401 1021 Sibley Memorial Hwy Unit 403 Saint Paul Mn 55118-3616 Saint Paul Mn 55118-5608 Lilydale Mn 55118-6100 Danner Neil C Janssen Robert I Tste Field John C & Angela R 1021 Sibley Memorial Hwy Unit 403 1021 Sibley Memorial Hwy Unit 404 1021 Sibley Memorial Hwy Unit 405 Lilydale Mn 55118-6100 Saint Paul Mn 55118-5608 Saint Paul Mn 55118-5608 Pollmann Robert E & Linda L Pollmann Robert E & Linda L Patterson Katharine S 1021 Sibley Memorial Hwy Unit 406 1021 Sibley Memorial Hwy Unit 406 1021 Sibley Memorial Hwy Unit 408 Saint Paul Mn 55118-5608 Saint Paul Mn 55118-5608 Saint Paul Mn 55118-5608 Schams Geraldine A Lundberg Don J & Marilyn D Molitor Paul Leo 1077 Sibley Memorial Hwy Unit 503 1077 Sibley Memorial Hwy Unit 504 6725 Iroquois Cir Saint Paul Mn 55118-3616 Saint Paul Mn 55118-3616 Edina Mn 55439 Tuhy Elaine A Hames Edward G Iv Gooch Shirlee E 1077 Sibley Memorial Hwy Unit 506 1077 Sibley Memorial Hwy Unit 507 1077 Sibley Memorial Hwy Unit 508 Lilydale Mn 55118 Saint Paul Mn 55118-3616 Saint Paul Mn 55118-3616 Berde Doris Smith Norman S Tste Ruppenthal Jeanne E 1077 Sibley Memorial Hwy Unit 509 1077 Sibley Memorial Hwy Unit 510 1077 Sibley Memorial Hwy Unit 600 Saint Paul Mn 55118-3616 Saint Paul Mn 55118-3616 Saint Paul Mn 55118-5612 Mogol Leo Minea Heidi Klett William G & Marlene 1077 Sibley Memorial Hwy Unit 601 1077 Sibley Memorial Hwy Unit 602 1077 Sibley Memorial Hwy Unit 603 Saint Paul Mn 55118-5612 Lilydale Mn 55118 Saint Paul Mn 55118-5612 (oung June Magna Obrien John R & Sharon A Vanoni Donatella 1077 Sibley Memorial Hwy Unit 604 1077 Sibley Memorial Hwy Unit 605 1077 Sibley Memorial Hwy Unit 606 Saint Paul Mn 55118-5612 Saint Paul Mn 55118-5612 Saint Paul Mn 55118-5612 Henke Richard Eddy Jack W & Gloria A Aldridge Mark S 1077 Sibley Mem Hwy Unit 607 1077 Sibley Memorial Hwy Unit 608 1077 Sibley Memorial Hwy Unit 609 Lilydale Mn 55118-5612 Saint Paul Mn 55118-5612 Lilydale Mn 55118 Simes Hymen 1077 Sibley Memorial Hwy Unit 610 Saint Paul Mn 55118-5612 Savereide Eloise T Tst 211 Eastbank Ct N Hudson Wi 54016 Rusterholz Phyllis A Tste 1101 Sibley Memorial Hwy Unit 109 Lilydale Mn 55118-3617 Peterson Warren E & Ann W 1101 Sibley Memorial Hwy Unit 201 Saint Paul Mn 55118-5613 Leitze Rosemary M 1101 Sibley Memorial Hwy Unit 209 Saint Paul Mn 55118-5613 Burklund Grace 1101 Sibley Memorial Hwy Unit 300 Saint Paul Mn 55118 Guidera Tste George A 1101 Sibley Memorial Hwy Unit 303 Mendota Heights Mn 55127 Mcdonald Theresa 1101 Sibley Memorial Hwy Unit 306 Saint Paul Mn 55118-3621 Taylor Suzanne M 1077 Sibley Memorial Hwy Unit 611 Saint Paul Mn 55118-3616 Silvagni Robert A 1101 Sibley Memorial Hwy Unit 105 Lilydale Mn 55118 Auten Anne E 1101 Sibley Mem Hwy Unit 111 Lilydale Mn 55118-3617 Becker Roger A Tste 1101 Sibley Memorial Hwy Lilydale Mn 55118 Neff Mollie 1101 Sibley Memorial Hwy Unit 211 Saint Paul Mn 55118-5613 Whitney William H Tste % Douglas R Whitney 10005 Adam Ave Inver Grove Heights Mn 55077 Nace Elizabeth Louise 1101 Sibley Memorial Hwy Unit 304 Saint Paul Mn 55118-5614 Stromvall Robert W & Carolyn M 1101 Sibley Memorial Hwy Unit 307 Saint Paul Mn 55118-3621 Clements Richard J & Vivian 1101 Sibley Mem Hwy Bldg 2 101 Saint Paul Mn 55118-3666 Godfrey Jean K 1101 Sibley Memorial Hwy Unit 2 Saint Paul Mn 55118-3666 Pahl Ellen Quirk 1101 Sibley Memorial Hwy Unit 113 Lilydale Mn 55118 Carlin Verle M Tste 1101 Sibley Memorial Hwy Unit 205 Saint Paul Mn 55118-5613 Booth Ann O 1101 Sibley Memorial Hwy Unit 213 Saint Paul Mn 55118-5613 Rogers Mary O 1101 Sibley Memorial Hwy Unit 302 Saint Paul Mn 55118-5614 Vallarino Cordelia G 1101 Sibley Memorial Hwy Unit 305 Saint Paul Mn 55118-5614 Burgess Wells D 1106 N Vermont St Arlington Va 22201-4730 Goetz Alice R Mullarky Edward & Mary Shull Willard Ili & Laurie 1101 Sibley Memorial Hwy Unit 309 1101 Sibley Memorial Hwy Unit 310 1101 Sibley Memorial Hwy Unit 311 Saint Paul Mn 55118 Saint Paul Mn 55118-3621 Saint Paul Mn 55118-3621 Lambrides Daniel H & Mary Jane 1700 Lexington Ave S Apt 107 Oconnell Thomas R 1700 Lexington Ave S Unit 206 Schmit Eraine B 1700 Lexington Ave S Unit 209 Lilydale Mn 55118 Lilydale Mn 55118 Lilydale Mn 55118-3610 Cummins Carl W & Elizabeth R Tilsen Robert S & Sandra F Mulrooney Levonne D 1700 Lexington Ave S Unit 302 1700 Lexington Ave S Unit 308 1700 Lexington Ave Unit 411 Lilydale Mn 55118-3611 Lilydale Mn 55118-3611 Lilydale Mn 55118 Piekarski Maureen D Doering Gordon V & L J Hirsekorn Fred S 1700 Lexington Ave S 1700 Lexington Ave S Unit 403 1700 Lexington Ave S Unit 103 Lilydale Mn 55118 Lilydale Mn 55118-3611 Lilydale Mn 55118 3610 Bantle Leo P & Marjorie A Schmit Eraine B Tilsner William 1700 Lexington Ave S Unit 208 1700 Lexington Ave S Unit 209 1700 Lexington Ave S Unit 409 Lilydale Mn 55118-3610 Lilydale Mn 55118-3610 Lilydale Mn 55118-3611 Lethert Irene Tste Lethert Irene Tste Cameron Nancy S 1700 Lexington Ave S Unit 311 1700 Lexington Ave S Unit 311 2 Lilywood Ln Lilydale Mn 55118-3611 Lilydale Mn 55118 3611 Saint Paul Mn 55118-6102 nkey Benjamin S & Paula E Arthur N Goodman Fam Ltd Ptnsh Arthur N Goodman Fam Ltd Ptnsh Ri RinkSibley Memorial Hwy Unit 201 % R William Reilly % R William Reilly 1021 Saint Paul Mn 55118 5607 173 Stonebridge Rd 173 Stonebridge Rd Lilydale Mn 55118 Lilydale Mn 55118 Danner Neil C Roden Virginia D Field John C & Angela R 1021 Sibley Memorial Hwy Unit 403 1077 Sibley Memorial Hwy Unit 105 1021 Sibley Memorial Hwy Unit 405 Lilydale Mn 55118-6100 Saint Paul Mn 55118-5610 Saint Paul Mn 55118-5608 Kane Thomas R Reis John J & Betty M Weerts Sylvia J 1101 Sibley Memorial Hwy Unit 410 1021 Sibley Memorial Hwy Unit 105 1101 Sibley Memorial Hwy Unit 506 Saint Paul Mn 55118-5615 Saint Paul Mn 55118-3675 Saint Paul Mn 55118-5616 Todd John J & Dolores J Ring Michael G Steman Joseph W & Lenora E 1101 Sibley Memorial Hwy Unit 509 1101 Sibley Memorial Hwy Unit 512 1101 Sibley Memorial Hwy Unit 608 Saint Paul Mn 55118-5616 Saint Paul Mn 55118-5616 Saint Paul Mn 55118-5617 _isenstadt Lawrence S & Linda Podas William & Nancy Tste Eberhart Isabelle Shaw 1077 Sibley Memeorial Hwy Unit 400 1021 Sibley Memorial Hwy Unit 306 1077 Sibley Memorial Hwy Unit 406 Lilydale Mn 55118 Saint Paul Mn 55118-3676 Lilydale Mn 55118 Rein Mildred Egbers Alta H Tste oGoldstein Grady Bonnie Joy 1101 Sibley Memorial Hwy Unit 312 1101 Sibley Memorial Hwy Unit 313 �o Marisse A Holland Saint Paul Mn 55118-3621 Saint Paul Mn 55118-3621 1101 Sibley Memorial Hwy Unit 400 Lilydale Mn 55118-5615 Dewey Jay Richard 1101 Sibley Memorial Hwy Unit 401 Saint Paul Mn 55118-5615 Burmeister Evelyn W 1101 Sibley Memorial Hwy Unit 404 Saint Paul Mn 55118-5615 Oneill Jane S 1101 Sibley Memorial Hwy Unit 402 Lilydale Mn 55118-5615 Lynch Bobbie Tste % Us Bank T Cownie 101 5Th St E Epmns14 Saint Paul Mn 55101 Casey Elizabeth J 1101 Sibley Memorial Hwy Unit 403 Saint Paul Mn 55118-5615 Howard Catherine S 1101 Sibley Memorial Hwy Unit 406 Lilydale Mn 55118 Eilers Catherine W Leahy Patricia R Shea John J 1101 Sibley Mem Hwy Unit 407 1101 Sibley Memorial Hwy Unit 408 1101 Sibley Memorial Hwy Unit 409 Lilydale Mn 55118 Saint Paul Mn 55118-5615 Saint Paul Mn 55118-5615 Werthauser Helen Moore Lucille T Furchner Ronald A & Cynthia J 1020 Sibley Mem Hwy 1028 Sibley Hwy 1032 Sibley Memorial Hwy Saint Paul Mn 55118-3671 Saint Paul Mn 55118-3671 Mendota Heights Mn 55118-3671 Lofgren Shelly R Stemberger Tony Zimmerman Patrick G 1673 Mayfield Heights Rd 1670 Mayfield Heights Rd 1666 Mayfield Heights Rd Saint Paul Mn 55118-3614 Saint Paul Mn 55118-3682 Mendota Heights Mn 55118 Landreville Alden E Heine Michael W Larson Tim & Andrea 1010 Sibley Mem Hwy 1054 Sibley Mem Hwy 1655 Mayfield Heights Rd Saint Paul Mn 55118-3671 Mendota Heights Mn 55118-3672 Mendota Heights Mn 55118-3614 Hesselroth Gordon D & Elizabet Johnson Mark S Lazarus Maurice U 1661 Mayfield Heights Rd 1646 Mayfield Heights Rd 1650 Mayfield Heights Rd Saint Paul Mn 55118-3614 Saint Paul Mn 55118-3613 Saint Paul Mn 55118-3613 Hoffman Michelle Pauline Ellis David E Bren Gerald C & Karen L 1030 Mayfield Heights Ln 1037 Mayfield Heights Ln 1041 Mayfield Heights Ln Mendota Heights Mn 55118 Saint Paul Mn 55118-3612 Saint Paul Mn 55118-3612 Goldman Katherine D Tste Overlook Cond Assoc ✓ Marvy Laurence G & Mirel A 1015 James Ct 1700 Lexington Ave S Unit 101 1700 Lexington Ave S Unit 105 Mendota Heights Mn 55118 Lilydale Mn 55118 3610 Lilydale Mn 55118 Ryan Beverly S Lohmar Marie Mostek James W 1077 Sibley Memorial Hwy Unit 409 / 1077 Sibley Memorial Hwy Unit 511 ✓ 1101 Sibley Memorial Hwy Unit 207 Saint Paul Mn 55118-3605 Saint Paul Mn 55118-3616 Saint Paul Mn 55118-5613 Sargent Beverly Vandenberg Brown Judy M Slobof Harold & Maxine S 1040 Sibley Memorial Hwy 1034 Mayfield Heights Ln 1016 James Ct Saint Paul Mn 55118-3671 Mendota Heights Mn 55118 Saint Paul Mn 55118-3640 NORTHWEST ASSOCIATED CO 4000 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 763.231.2555 Facsimile: 763.231.2561 planners@i-)acplanning.corn MEMORANDUM TO: Mendota Heights Planning Commission FROM: Carie Fuhrman / Stephen Grittman DATE: May 20, 2010 MEETING DATE: May 25, 2010 SUBJECT: CUP and Variance for Detached Garage CASE NO: Case No. 10-16; NAC Case: 254.04-10.15 APPLICANT(S): Dorothy Haffely LOCATION: 1857 Dodd Road ZONING: R-1, One Family Residential GUIDE PLAN: LR - Low Density Residential Background and Description of Request: The applicant is seeking a conditional use permit and variance to allow the construction of a detached garage within the required 30 foot setback on her property located at 1857 Dodd Road. Specifically, the applicant wishes to replace a two -stall detached garage and utility building with a new, three -stall detached garage measuring 748 square feet in size. The existing garage and utility building exist as legal nonconforming structures in that the garage lies within 30 feet from the north property line, which is also the right-of-way of Willow Lane. The applicant wishes to locate the new garage in the same general location as the existing structure. In this regard, a side yard setback of 22 feet has been proposed, resulting in a 8 foot variance. Because such setback is not consistent with the 30 foot minimum setback requirement for a side yard abutting a street, approval of a variance is necessary. The property is located at 1857 Dodd Road and is zoned R-1, One Family Residential. Analysis: The property is 0.67 acres in size and is located at the southwest intersection of Willow Lane and Dodd Road. The property currently contains a 440 square foot (20 ft by 22 ft) two -stall detached garage and a 216 square foot (12 ft by 18 ft) utility building. The driveway access to the garage is off of Willow Lane to the north. The applicant is requesting to replace the existing garage and utility building with a 748 square foot (22 ft by 34 ft) three -stall detached garage. She is requesting to build the new garage at the same setback to the north property line as the existing garage. The letter of intent is contradicting in that it states the new garage will be 22 feet from the north (side) property line/right-of-way of Willow Lane, requiring a variance of 8 feet. But, it also states that the garage needs to be shifted five (5) feet south in order to be in compliance, which would place it 25 feet from the north (side) property line. Utilizing the submitted site plan, it appears that the existing garage is 25 feet from the north property line. Utilizing this calculation, a 5 foot variance is needed from the required 30 foot setback in order to place the new garage in the same location as the existing garage. Staff is suggesting that the actual setback be verified. Letter of Intent. The applicant has submitted a letter of intent, stating that the existing garage and utility building are deteriorating and need to be replaced. According to the applicant, the garage was constructed in 1948, the floor is uneven with huge cracks, the wood corners are rotting at the base, and water and dirt wash into the garage with each rain and snow melt in the spring. The same is true with the utility building. The applicant also states that building a new structure would improve the aesthetics of the property and that moving the garage five feet back into the yard would result in obstruction of her gardens and backyard — she is 70 years old and spends a lot of time gardening and on her deck viewing the flower gardens. CUP Review. According to Section 12-1 E-313, detached, private garages between 440 square feet and 750 square feet require a conditional use permit in order to be erected. According to Section 12-1 L-6, in considering an application for a conditional use permit, the Planning Commission and City Council shall consider the following factors: • Effect of the proposed use upon the health, safety, and welfare of occupants, surrounding lands, or community; Staff Comment: The proposed detached structure should not affect the health, safety, and welfare of the occupants of the surrounding lands. • Existing and anticipated traffic conditions including parking facilities on adjacent streets; Staff Comment: The detached garage shall not influence traffic conditions or parking facilities on adjacent streets. • Effect of the proposed use on the comprehensive plan, Staff Comment: The Comprehensive Plan has designated this parcel as Low Density Residential. A detached garage for a single family home is a compatible use with this designation. N • It must be determined that the proposed use will not seriously depreciate the surrounding property value; Staff Comment: There is no reason to believe that the proposed detached garage would seriously depreciate the surrounding property value. • Proposed use is in harmony with the general purpose and intent of this chapter. Staff Comment: The proposed structure meets all other Ordinance requirements, except for the required 30 foot side yard setback abutting a road. No floor plans or elevations have been submitted at this time. To ensure compatibility, it is recommended that the garage match the principal building in color and materials for both walls and roof. Variance Review. The zoning ordinance establishes a standard for reviewing variance requests, which is based on the finding that the variance is not a mere convenience to the applicant, but rather it is necessary to alleviate undue hardship or difficulty. The ordinance further defines undue hardship as a condition which restricts the owner from putting the property to reasonable use under the strict zoning regulations. As previously indicated, the applicant wishes to replace the existing two -stall garage and utility building with a three -stall garage. The new garage is proposed to be setback the same distance to the north property line as the existing garage (25 feet, unless otherwise indicated). In Planning Staff's view, it does not appear that the property contains any specific unique circumstances or special conditions, such as steep slopes, topographical limitations, narrow configuration of the lot, or small lot size, which would prevent constructing the new garage in the conforming location. Therefore, it does not appear that the applicant has satisfactory demonstrated hardship to justify approval of the requested setback variance. With this in mind, it is the opinion of Planning Staff that adherence to the 30 foot side yard setback requirement would not deny the applicant reasonable use of her property. For these reasons, it is not believed that the applicant has satisfactorily demonstrated hardship to justify approval of the requested side yard setback variance. Action Requested: CUP Request. Following the public hearing, the Planning Commission may make one of the following recommendations regarding the CUP request: 1. Approval of the CUP to construct a 748 square foot detached garage on the subject property, based on the following findings of fact: the proposed detached garage should not affect the health, safety, and welfare of the occupants of the surrounding lands; it shall not influence traffic conditions or parking facilities on adjacent streets; a detached garage on a single family lot is a compatible use within the designated land use district; there is no reason to believe that the proposed detached garage would seriously depreciate the surrounding property 3 value; and th-e detached garage meets the Ordinance requirements, subject to the following conditions: a. The detached garage shall be located in compliance with all setback requirements. b. An updated site plan shall be submitted prior to building permit approval. c. The detached garage shall match the home in color and materials. 2. Denial of the CUP to construct a 748 square foot detached garage on the subject property, based on one of the following findings of fact: the proposed detached garage will affect the health, safety, and welfare of the occupants of the surrounding lands; it will influence traffic conditions or parking facilities on adjacent streets; a detached garage on a single family lot is not a compatible use within the designated land use district; the proposed detached garage would seriously depreciate the surrounding property value; or the detached garage does not meet the Ordinance requirements. Variance Request. Following the public hearing, the Planning Commission may make one of the following recommendations regarding the variance request: 1. Approval of the Variance as submitted based on the attached draft findings of fact, and subject to the following conditions: a. The detached garage shall match the home in color and materials. b. The actual setback of the existing garage shall be verified prior to building permit approval. 2. Denial of the Variance based on the attached draft findings of fact. Staff Recommendation; A detached garage is a reasonable use on a single family property, and (with the exception of the setback issue) the proposed garage meets the conditional use permit standards as presented in the Ordinance. Subject to the conditions above, including meeting the required 30 foot building setback, staff would recommend approval of the conditional use permit. As noted in this report, it does not appear that compliance with the required 30 foot side yard setback will deny the applicant reasonable use of his property. Thus, Planning Staff recommends denial of the variance. Supplementary Materials: 1. Application materials dated May 3, 2010 2. Site Location Map 0 Draft Findings of Fact for Denial Variance to Side Yard Setback Abutting a Street 1857 Dodd Road The property does not contain any specific unique circumstances or special conditions, which would prevent constructing the new garage in the conforming location. 2. The variance has been requested based on wanting to avoid reducing the size of the applicant's gardens and backyard, rather than a unique condition of the property. 3. The requested three -stall detached garage can be constructed in compliance with applicable side yard setback requirements. 4. Adherence to the 30 foot side yard setback requirement would not deny the applicant reasonable use of her property. 5. The applicant has not satisfactorily demonstrated hardship to justify approval of the requested side yard setback variance. Draft Findings of Fact for Approval Variance to Side Yard Setback Abutting a Street 1857 Dodd Road The property contains specific unique circumstances or special conditions that would prevent constructing the new garage in the conforming location. 2. The variance has been requested based on a unique condition of the property. 3. Adherence to the 30 foot side yard setback requirement would deny the applicant reasonable use of her property. 4. The applicant has satisfactorily demonstrated hardship to justify approval of the requested side yard setback variance. Site Location Map �j WateNWetlands City Roads Major Roads parcels Municipal Boundaries 0 � � y APPLICATION FOR CONSIDERATION OF PLANNING REQUEST Case No. Date of Application Fee Paid t 00 A'&�-- i � 20/Q Applicant Name: IrEL..� �' � Y � � PH:` - (Last) (first) (M) C Address: (Number & Street) Owner Name: k%` (V"PF �-Y Address: (Last) (Number & Street) E -Mail Address: C �1 �=✓r�%`t� I�t� � � �� �- I E fir' (City) (State) (Zip) (First) (M) 'SS 0 t (City) (State) (Zip) Street Location of Property in Question: Legal Description & PIN of Property: (Complete Legal from Title or Deed must be provided) Type of Request: _ Rezoning Conditional Use Permit s Conditional User Permit for P.U.D. --Preliminary/'Final Plat Approval Comprehensive Plan Amendment Applicable City Ordinance Number i2 Variance - TSubdivision Approval Wetlands Permit Critical Area Permit Other (attach explanation) Section Present Zoning of Property 7�- t Present Use Proposed Zoning of Property Proposed Use I hereby declare that all statements made in this request and on the additional material are true. I further authorize City Officials and agents to inspectthe abov rope y during daylight hours. (Signature of A; plican`tj�` / Date Received llol Victoria Curve a Mendota Heights, ISN 55118 igna ural �>r 50 m FAX (651) 452-8940 April 30, 2010 To: Planning Commission of Mendota Heights From: Dorothy Haffely, Owner of Property at 1857 Dodd Road Subject: Letter of Intent: Request to build a new structure to replace the current two car garage (20ft X 22 ft) and utility building (.12 ft X 18 ft.) Currently, I have two structures adjacent to each other, both of which are deteriorating and need to be replaced. The garage is the original structure built in 1948. The garage floor is uneven with huge cracks, the wood corners are rotting at the base, and water and dirt wash into the garage with every rain and snow melt in the spring .The same is true with the utility building. Instead of trying to repair the current situation, I am requesting to demolish the two structures and build one three car garage- dimensions 22ft X 34 ft. Building a new structure would indeed improve the ambiance of the property. I would like the new structure to be built 22 feet from the street as is the current garage. The curb would remain intact. I understand that the current regulations require me to move the garage back 5 feet into my yard. I am requesting a variance as this would result in obstruction of my gardens and backyard. I am 70 years old and spend a lot of time on my deck viewing the flower gardens as well as gardening in them. I have discussed my tentative plans with several neighbors and they think it is a good idea. Thank you for any consideration that you may give this request. Sincerely, It) alktx Dorothy Hafte r �,c;F4�,y �-1 a��-�ys c ..�� N 1857 Dodd Road w ; E .A- .. k JA S 30 15 0 30 Feet City of 1" = 50 feet 5/1/07 Mendota Height 7 t( ;`t5i I.` 737 1 c�'72782r. Ille i' 81 8 •. 892 WILLCO OVVWK 11 88 5 ' ✓' fie_ _ . „_. 1'j fr 25 � � � I 1, _•.,may ii 7,.48 l I r 00 i .1857~' t � ` , _ ► —c.1 — f`,.. s{ f '4q` 4 c7 { F 4 i d¢{ /•1870 F ^ + s o —• . _ _. 880 ! i' ` 1I _ 1865 I F{' _I 1'876 Ito {J P t t I ,€ 299 ! I!!{ n 1 fin; I; $g2 .,.--•_, � ,{ S •� j r Q7 Z { I i � t ( 1883="4 ! i z CITY OF MENDOTA HEIGHTS NOTICE OF HEARING May 5. 2010 TO WHOM IT MAY CONCERN: NOTICE is hereby given that the Planning Commission of Mendota Heights will meet at 7:00 P.M., or as soon as possible thereafter, on Tuesday, May 25, 2010 in the City Hall Council Chambers, 1101 Victoria Curve, Mendota Heights, Minnesota, to consider an application from Dorothy Haffely to request a Conditional Use Permit and Variance to the front yard setback to replace two structure (garage and utility building) with one three car garage located at the following described property: Lot 38 Somerset Hills (PID #27-71050-380-00) More particularly this property is located at 1857 Dodd Road This notice is pursuant to Title 12 (Zoning), Chapter 1 of the Mendota Heights City Code. Such persons as desire to be heard with reference to this Conditional Use Permit and Variance will be heard at this meeting. Kathleen M. Swanson City Clerk Auxiliary aids for disabled persons 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 Administrator at 452-1850. 1857 Dodd Road Dakota County, MN 7+.5 18.16 Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not Map Scale guaranteed. This is not a legal document and should not be substituted for a title search, 1 inch = 157 feet appraisal, survey, or for zoning verification. Eschle Louis H City Of Mendota Heights Staebell Andy & Wendy 709 Wesley Ln Rd 1844 Dodd R 1101 Victoria Cury Saint Paul Mn 55118-4167 Saint Paul Mn 55118-4349 nt Paul 55118-4305 Qiblawi Jameel R Hinze Phillip R Goldberg Irene & James Y 718 Mager Ct 715 Wesley Ln Mendota Heights Mn 55118 721 Wesley Ave Mendota Heights Mn 55118-4349 Saint Paul Mn 55118-4356 Dennis Doneldon M Mager Dean R & Linda St Paul United Methodist Churc 700 Wesley Ave 714 Mager Ct Saint Paul Mn 55118-4356 706 Mager Ct Saint Paul Mn 55118-4356 Mendota Heights Mn 55118 Gatti Richard J & Jane C Birch Brian L & Joyce L Zweber Max J 1887 Dodd Rd 747 Willow Ln Saint Paul Mn 55118-4335 755 Willow Ln Saint Paul Mn 55118-4335 Mendota Heights Mn 55118 Monk Richard Henry Haffely Dorothy J Vocovich Patrick M & Leane R 748 Willow Ln 1865 Dodd Rd Mendota Heights Mn 55118-4303 1857 Dodd Rd Saint Paul Mn 55118-4353 Saint Paul Mn 55118-4334 CoffmanThomas F & Margaret Brandes James E & Nancy H Tuck Kathleen C 720 Spring Creek Cir 1876 Valley Cury Saint Paul Mn 55118-4316 1882 Valley Cury Saint Paul Mn 55118-4316 Saint Paul Mn 55118-4300 Kiley Scott & Geraldine Gast Michael & Kari Klarkowski Walter J & Sandra R 737 Willow Ln 716 Spring Creek Circle 727 Willow Ln Mendota Heights Mn 55118 Saint Paul Mn 55118-4335 Saint Paul Mn 55118-4300 Murray Terrance & Katherine England Mariclaire E Dresbach David P & Mary L 710 Mager Ct 1834 Dodd Rd Saint Paul Mn 55118-4305 1836 Dodd Rd Saint Paul Mn 55118-4305 Saint Paul Mn 55118-4356 Herman Lois Verne Tste Solem Donna D Lucio Susan M 1883 Dodd Rd 1870 Valley Curve Rd 1888 Valley Cury Saint Paul Mn 55118 Saint Paul Mn 55118-4316 Saint Paul Mn 55118-4316 Cacicia Ronald J & Joy B 724 Spring Creek Cir Saint Paul Mn 55118-4300 NORTHWEST ASSOCIATED CONSULTANTS, INC. 4860 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 763.231.2555 Facsimile: 763.231.2561 planners@nacplanning.com MEMORANDUM TO: Mendota Heights Planning Commission FROM: Carie Fuhrman / Stephen Grittman DATE: May 20, 2010 MEETING DATE: May 25, 2010 SUBJECT: Wetlands Permit to Plant Trees CASE NO: Case No. 10-17; NAC Case 254.04 — 10.16 APPLICANT(S): Crystal Crocker LOCATION: 665 Hidden Creek Trail ZONING: R -1A, One Family Residential GUIDE PLAN: RR — Rural Residential Background and Description of Request: The applicant is seeking approval for a wetlands permit in order to plant two Weeping Willow Trees in the rear yard, which is within the required 70 foot wetland buffer. A Wetlands Permit was approved on this property back in March 2009 for the installation of a fence and improved yard area within the required wetland buffer. At that time, a landscape plan was submitted and approved. Because modifications are being made to that landscape plan — and because the modifications are within the required wetland buffer area — a wetlands permit is required. The property is located at 665 Hidden Creek Trail and is zoned R -1A, One Family Residential. Analysis: The Wetland Ordinance is intended to provide for City review of projects that may affect wetland plant and water quality, with the objective of ensuring that wetland areas are protected and enhanced and that alterations within the buffer area adjacent to wetlands do not degrade or threaten the water quality of the wetland area. Ordinarily, the wetland buffer is 100 feet, requiring a Wetlands Permit for any land alteration or construction conducted within 100 feet of a designated wetland (Section 12-2-6). However, a special condition was approved when the Hidden Creek Estates plat was approved, allowing the wetland buffer to be reduced from 100 feet to 70 feet. The two Weeping Willow trees are proposed to be located within this 70 foot wetland buffer. The wetland is located directly to the north of the subject property. A small portion of the wetland is located within the property boundary, and the 70 foot buffer extends into the northwest corner of the subject property. In March 2009, the property owners received approval for a Wetlands Permit for a fence and improved lawn area/green space. At that time, a landscape plan was submitted illustrating a slightly different plan. Therefore, in essence, this is an amendment to the previous Wetlands Permit. Action Requested; Following a public hearing, the Planning Commission may consider one of the following recommendations: 1. Approval of the wetlands permit for the planting of two Weeping Willow Trees within the required 70 foot wetland buffer and amending an existing Wetlands Permit, based on the attached draft findings of fact, and subject to the following conditions: a. Review and approval by the City Engineer. b. All construction activities must follow the City's Land Disturbance Guidance document 2. Denial of the wetlands permit for the planting of two Weeping Willow Trees within the required 70 foot wetland buffer and amending the existing Wetlands Permit, based on one or more of the following findings: the project will result in negative impacts to the wetland; the project appears to interfere with wetland water quality; the project will adversely impact the surrounding environment; the project does not meet the intent of the Wetlands Ordinance; or it is not consistent with the Wetlands Ordinance. Staff Recommendation: The applicant is seeking approval for a wetlands permit in order to plant two Weeping Willow trees within the required 70 foot setback to a wetland. It does not appear that the trees will have negative impacts on the existing wetland, therefore staff recommends approval of the requested wetlands permit. Supplementary Materials: 1. Application Materials dated May 3, 2010 2. Site Location Map 2 Draft Findings of Fact for Approval Wetlands Permit 665 Hidden Creek Trail The following Findings of Fact are made in support of approval of the above Wetlands Permit: 1. The project involves insignificant dirt -moving and no addition of impervious surface. 2. Potential for erosion will be minimal. 3. The proposal will not result in any negative impacts to the wetland. 4. The proposal does not appear to interfere with wetland water quality. 5. The proposal will not adversely impact the surrounding environment. 6. The proposed project meets the intent and is consistent with the Wetlands Ordinance. 3 z 1565 1416 600 C)CO N O p CAS p I� ti Srn 1738 716 ti ti �o ek r.C2li - 1744 1750 0 �p 625 1756 ar> 611 �� �p 4 ��� 680 7 >CD 77 9 1758 \ X73 70 ASti 1760 1762 548 554 1673 / 1695 !� 7,07 1760 1768 41 21 1769 1. 6y0 670 0 1767 '-6' 1771 47701 YL 1775 N ,�O j`p 1781 1780 CD LO CO co M ti M r� in Ln Ln CD in CI`0 w(00 ((00 (00 wCI�t It wN 0 f.0co CO MLO0^5 04 N ^N 710 0 688 m h C0 ^� 727 1818 688 � Cir O 16 183 1836 682 0 1603 670 727 1844 676 m N N N 01620 <o c0 1857 650 675 7857 1851 r 16 185 188 ti ti ti r h 0 ti 1629 6 4 1859 786 n�i `n o o 697 (co s 0 o nM -4 > 81 1862 s 1623 1539 N ti �� - O M 875 1635 1638 � f 48'91 1892 U') Iq 726 r` ti c `a4' 1648 1650 620 6 0 0 1656 m C�0 16601658 CMO 1660 1595 1.694 qgg 30 Creek Trail Bachelo 599 685 665 Hidden 600 C)CO N O p CAS p I� ti Srn 1738 716 ti ti �o ek r.C2li - 1744 1750 0 �p 625 1756 ar> 611 �� �p 4 ��� 680 7 >CD 77 9 1758 \ X73 70 ASti 1760 1762 548 554 1673 / 1695 !� 7,07 1760 1768 41 21 1769 1. 6y0 670 0 1767 '-6' 1771 47701 YL 1775 N ,�O j`p 1781 1780 CD LO CO co M ti M r� in Ln Ln CD in CI`0 w(00 ((00 (00 wCI�t It wN 0 f.0co CO MLO0^5 04 N ^N 710 0 688 m h C0 ^� 727 1818 688 � Cir O 16 183 1836 682 on Ma 411 .City Limitss Wat Parcels '•.• 727 1844 676 m m m Ln 646 642 �� } 1857 6 6� > �7q o 675 7857 1851 r 16 185 188 1851 611 1859 786 n�i `n o o 697 (co s 0 o nM -4 > 81 1862 s 867 N ti �� - O M 875 1883 e� M m � f 48'91 1892 U') Iq En c M (L0 m C�0 CMD CMO 0 � 599 685 m r� w f- ` 1 681` 6 81 on Ma 411 .City Limitss Wat Parcels '•.• 727 1844 676 m m m Ln 646 642 �� } 1857 6 6� > �7q o 675 7857 1851 r 16 185 188 1851 611 1859 786 n�i `n o o 697 (co s 0 o nM -4 > 81 1862 s 867 ti �� - 78� 1882 875 1883 e� M m � f 48'91 1892 1'883 on Ma 411 .City Limitss Wat Parcels '•.• Mi � Applicant Name Address: (Number Owner Name: __e Address: City of Mendota Heights APPLICATION FOR CONSIDERATION OF PLANNING REQUEST Case No. / rl Date of Application Fee Paid ( PH: 330--3q r%' U� Y! (Last) (First) (M) E -Mail Address:'- 'r�-iS'-a L �� lyres Street) (City) (Last) (First) (Number (Zip) (M) (City) (State) (-113) Street Location of Property in Question: Legal Description & PIN of Property: (Complete Legal from Title or Deed must be provided) Type of Request: Variance Rezoning Conditional Use Permit Subdivision Approval Conditional User Permit for P.U.D, -- V Wetlands Permit Preliminary/Final Plat Approval Critical Area Permit Comprehensive Plan Amendment Other (attach explanation) Applicable City Ordinance Number Present Zoning of Property Present Use Proposed Zoning of Property Proposed Use Section I hereby declare that all statements made in this request and on the I further authorize City Officials and agents to i n, Date Received J I l (D itional material are true. I)du"g daylight hours. 1101 Victoria Curve • Mendota Heights, MR 55118 - (651) 452-1850 • FAX (651) 452-8940 www mendota-heights.com May 3, 2010 To Whom it May Concern, My husband and I would like to plant two Weeping Willow trees in the wet lands area on our properly to give privacy to our back yard. Our neighbor to the west of us has full view of our back yard and the Weeping Willows would provide coverage during the summer months as well as grow well in the wet land area. The Home Owners Association has already given written approval for the additional trees. Thank you, Crystal Crocker L9 Pj� J r /' •�'�' Vit'. � � ►i, •',•a � �,� � i • ` , .� j ill• �lh, • � Ti r._':� � •�... alfa $t! +1i .!► i 'r�# - �� r +� 111) t!� • :.{�j`yI.1 � � ` «tr � 1 � � Lam„ ' ' • � �; ; `1) ` ay � RA to Me ;���',. a ay Vit,: �j' • ► Vii;. ., •' i•1�. o �! x9ryp L p pOoJO��i 92> QRZ`\ o p/ II �j cb v� lyi��J` \--- "�` /��oo �, �. <_o6�! 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ON VP it It W cJ ► l a oQ�s h i �' 4t O mac\ gory$2= 1B2 �� cd co o Zimbra: tcrystalcrocker@comcast.net Page 1 of 2 SmartZone Communications Center Collaboration Suite tcrystalcrocker@comcast.net Re: 665 Hidden Creek Trail - Crocker Wednesday, April 28, 2010 3:03:13 PM From: tcrystalcrocker@comcast.net To: Donny@cagmn.com Thank you for the rapid turn around! ----- Original Message ----- From: "Donny O'Brien" <Donny@cagmn.com> To: tcrystalcrocker@comcast.net Sent: Wednesday, April 28, 2010 8:06:32 AM GMT -06:00 US/Canada Central Subject: FW: 665 Hidden Creek Trail - Crocker Good Morning Tracy & Crystal, You are all set to go with the new trees. Thank you, Donny From: ChrisNl004@aol.com [mai Ito: ChrisN1004@aol.com] Sent: Wednesday, April 28, 2010 8:05 AM To: Donny O'Brien Cc: tgrojean@comcast.net; Jay.Gast@thomsonreuters.com Subject: Re: 665 Hidden Creek Trail - Crocker Good morning. The Board approves the planting of two weeping willow trees in the wetland. Chris In a message dated 4/27/2010 12:46:00 P.M. Central Daylight Time, Donny@cagmn.com writes: Good Afternoon Chris, Please see the attached map. Does the Board have any problem with the Crocker's planting two weeping willow trees? This is a slight modification from their original plan that was approved as the other trees that they wanted to plant probably won't survive the wet area where the weeping willow was recommended by the City. Donny O'Brien, CMCA, AMS Community Association Group, Inc. 4672 Slater Road Eagan, MN 55122 P:651-882-0400 x 106 F:651-882-0405 ciobrien@cagmn_com NOTICE - CONFIDENTIAL INFORMATION The information in this communication is privileged and strictly confidential. It is intended solely for the use of the individual or entity named above. If the reader of this message is not the intended recipient, I or the employee or agent responsible to deliver it to the intended recipient, and dissemination, distribution, copying or other use of the information contained in this communication is strictly prohibited. If you have received this communication in error, please first notify the sender immediately and then delete this communication from all data storage devices and destroy all hard copies. http://sz0145.ev.mail.comeast.net/zimbra/mail 5/3/2010 CITY OF MENDOTA HEIGHTS NOTICE OF HEARING May 5. 2010 TO WHOM 1T MAY CONCERN: NOTICE is hereby given that the Planning Commission of Mendota Heights will meet at 7:00 P.M., or as soon as possible thereafter, on Tuesday, May 25, 2010 in the City Hall Council Chambers, 1101 Victoria Curve, Mendota Heights, Minnesota, to consider an application from Crystal Crocker for a Wetlands Permit to plant two Weeping Willow trees located at the following described property: Hidden Creek Estates interest attributable to common areas known as outlots A B C & D & all of Lot 6 Block 1 (PIN #27-32500-060-01) More particularly this property is located at 665 Hidden Creek This notice is pursuant to Title 12 (Zoning), Chapter 2 of the Mendota Heights City Code. Such persons as desire to be heard with reference to this Conditional Use Permit will be heard at this meeting. Kathleen M. Swanson City Clerk Auxiliary aids for disabled persons 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 Administrator at 452-1850. 665 Hidden Creek Dakota County, MN Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not Map Scale guaranteed. This is not a legal document and should not be substituted for a title search, 1 inch = 197 feet appraisal, survey, or for zoning verification. Gast Marcy J Tste Amann John A 650 Hidden Creek Trl 697 Hidden Creek Trl "Mendota Heights Mn 55118 Mendota Heights Mn 55118 Lentsch William P & Mary K Wheelwright Alice Tste 691 Hidden Creek Trl 670 Hidden Creek Trl Mendota Heights Mn 55118 Mendota Heights Mn 55118 Grojean Thomas F Jr Schaefer Joseph M & Linda A 680 Hidden Creek Trl 700 Hidden Creek Trl Mendota Heights Mn 55118 Mendota Heights Mn 55118 Reich Charles & Nancy A Ridley David J 625 Hidden Creek Trl 640 Hidden Creek Trl Mendota Heights Mn 55118-1720 Mendota Heights Mn 55118 Streeter & Associates Inc Zirbes Thomas A 18312 Minnetonka Blvd 350 St Peter St Unit 909 Wayzata Mn 55391 Saint Paul Mn 55102 Moeller Christopher A Field Litton E Shields Jr 683 Hidden Creek Trl 679 Hidden Creek Trl Mendota Heights Mn 55118 Mendota Heights Mn 55118 Brennen Nathan P & Elizabeth Rocke Duane R & Bonnie J 647 Marie Ave W 645 Marie Ave W Saint Paul Mn 55118-3733 Mendota Heights Mn 55118-3733 Nestegard Mark K & Susan K 660 Hidden Creek Trl Mendota Heights Mn 55118 Crutchfield Charles E Ili 1383 Chatterton Rd Eagan Mn 55123 Raveendran Ganesh 635 Hidden Creek Trl Mendota Heights Mn 55118 Crocker Tracy J & Crystal A 665 Hidden Creek Trl Mendota Heights Mn 55118 Klehr Michael R & Sherry L 1768 Dodd Road Mendota Heights Mn 55118-3729 Coppock Bruce H 1698 Dodd Rd Saint Paul Mn 55118-3726 Berg Richard D & Bonnie A 645 Hidden Creek Trl Mendota Heights Mn 55118 NORTHWEST ASSOCIATED CONSULTANTS, INC. 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 763.231.2555 Facsimile: 763.231.2561 planners@nacplanning.com MEMORANDUM TO: Mendota Heights Planning Commission FROM: Carie A. Fuhrman/Stephen Grittman DATE: May 20, 2010 MEETING DATE: May 25, 2010 SUBJECT: Conditional Use Permit for Accessory Building CASE NO: Case No. 10-18; NAC Case 254.04-10.17 APPLICANT(S): Elizabeth Tetzlaff LOCATION: 995 Diego Lane ZONING: R-1, One Family Residential GUIDE PLAN: LR, Low Density Residential Background and Description of Request: The applicant is seeking a conditional use permit in order to construct a detached accessory building that is over 144 square feet on a parcel that is less than four acres in size. The proposed 200 square foot (10 feet by 20 feet) accessory building shall be utilized as a storage outbuilding. The subject property is located at 995 Diego Lane and is zoned R-1, One Family Residential. Section 12-1E-3 of the Zoning Ordinance requires that a conditional use permit be obtained for an accessory structure more than 144 square feet if the area of the property on which such structure is to be located is four acres or less. Analysis: The subject property is located to the northwest of the intersection of Winston Court and Diego Lane and is 0.21 acres in size. The applicant is proposing to construct a 10 feet by 20 feet detached accessory building in the northwest corner of the property. A building elevation has been submitted with the application materials. The applicant has stated that the building will be painted and shingled to blend in with the existing home on the property. The height of the accessory structure has not been submitted, but does not appear that it will exceed the 15 foot height limit in the Residential Districts. The accessory building has a utility door on the long side of the building. Thus, it would not qualify as a garage under the standard zoning ordinance definition. The zoning ordinance allows the accessory building as proposed, so long as it does not constitute a second garage. Setbacks. Section 12-1 D -4d of the Ordinance requires that an accessory structure that exceeds 144 square feet shall not be closer than 10 feet from any side or rear lot line. The site plan indicates that the shed shall be located 10 feet from the north (rear) property line, which meets the Ordinance requirement. However, the proposed west (side) yard setback of 5 feet is not in compliance with the Ordinance. A condition upon approval shall be made that the side yard setback be increased to 10 feet in order to meet Ordinance requirements. Letter of Intent. The applicant has submitted a letter of intent indicating that the accessory building will be used to store items too large for the two -stall, tuck -under garage. Items include riding lawn mower, patio furniture, hunting equipment, and various tools. The applicant also states that the shed will be landscaped on three sides with tall shrubs and colorful perennials. Conditional Use Permit Standards. According to Section 12-1L-6, in considering an application for a conditional use permit, the Planning Commission and City Council shall consider the following factors: • Effect of the proposed use upon the health, safety, and welfare of occupants, surrounding lands, or community; Staff Comment: The proposed accessory structure to be used for storage should not affect the health, safety, and welfare of the occupants of the surrounding lands. The applicant plans to plant tall shrubs and colorful perennials surrounding the accessory building, which will help serve as a screen between the proposed building and adjacent properties. • Existing and anticipated traffic conditions including parking facilities on adjacent streets; Staff Comment: The accessory structure shall not influence traffic conditions or parking facilities on adjacent streets. • Effect of the proposed use on the comprehensive plan; Staff Comment: The Comprehensive Plan has designated this parcel as Low Density Residential. A detached accessory structure for storage is a compatible use with this designation. • It must be determined that the proposed use will not seriously depreciate the surrounding property value; Staff Comment: There is no reason to believe that the proposed accessory structure would seriously depreciate the surrounding property value. 2 • Proposed use is in harmony with the general purpose and intent of this chapter. Staff Comment: The proposed structure meets all other Ordinance requirements, including setback requirements. Action Requested: After a public hearing, the Planning Commission may consider one of the following recommendations: 1. Approval of the conditional use permit application, based on the following findings: the proposed accessory building does not affect the health, safety, and welfare of the occupants of the surrounding lands; it shall not influence traffic conditions or parking facilities on adjacent streets; a accessory building on a single family lot is a compatible use within the designated land use district; there is no reason to believe that the proposed accessory building would seriously depreciate the surrounding property value; and the detached accessory building meets the Ordinance requirements. Moreover, the accessory building is not a garage under ordinance definitions. Approval should be made subject to the following condition: • The side yard setback shall be increased to 10 feet in order to meet Ordinance requirements. 2. Denial of the conditional use permit application based on one of the following findings: the proposed use will have a detrimental effect on the health, safety, and welfare of the surrounding lands and community; or the accessory structure will negatively influence traffic conditions and parking facilities on adjacent streets; or the proposed use is not consistent with the general purpose and intent of the Comprehensive Plan or Zoning Ordinance; or the accessory structure will seriously depreciate the surrounding property values. Staff Recommendation: When considering a request for a conditional use permit, there are numerous factors that must be taken into account, including the possible effects on traffic, parking, and property values; its compatibility with the Comprehensive Plan and Zoning Ordinance standards; and its possible impacts on the surrounding lands and community. Planning staff believes that the proposed accessory building over 144 square feet is compliant with the review standards and therefore is recommending approval of the proposed conditional use permit, but subject to the above -stated condition in order to meet Ordinance requirements. Supplementary Materials: 1. Application materials May 4, 2010 2. Site location map 3 L U 995 Diego Lane Site Location Map Water/Wetlands City Roads /-,V Major Roads parcels ®®®.®° MunicipalBoundaries M�f FER-4 1 M - APPLICATION FOR CONSIDERATION OF PLANNING REQUEST p Case No. & r, , n Date of Application_ Fee Paid A? 0t 2-, . Applicant Name: f� �C��f _ �i 2C��i(" fv PH: ©5/ (Last) (First) (M) E -Mail Add ress:S1'-0VC0,S)' /�9f��c shcir . Address: < `S ol eqo �C.f t'}`ili 111n (Number & Street) (City) (State) (Zip) Owner Name: _% e-fZlcd� //) - (Last) (First) (M) Address - CL -n S Il (Number & Street) (City) (State) (Zip) Street Location of Property in Question: Q�1 S 0) *��10 f cif -)41, — Legal Description & PIN of Property: (Complete Legal from Title or Deed must be provided) 7- l-/L/yC)U U 1(j— CSD Type of Request: Rezoning Conditional Use Permit Conditional User Permit for P.U.D. ---Preliminary/Final Plat Approval Comprehensive Plan Amendment t,: " Applicable City Ordinance Number Present Zoning of Property_ F,, Present Use Proposed Zoning of Property Proposed Use Variance Subdivision Approval Wetlands Permit Critical Area Permit Other (attach explanation) Section I hereby declare that all statements made in this request and on the additional material are true. I further authorize City Officials and agents to inspect the above property during daylight hours. (SigLn- e of App"fica o Date Received— (Sign6ture of Owner) 11ol victoria Curve ^ Mendota HeAghts, mN 55118 ^ (651) 1452-1850 e PAX (65iL) 458-a940 www.mendota-heights-com C -4- C, Svc /cL C) u 995 Diego Lane May 3, 2010 City of Mendota 0 40AAA, A OkAlk , Heights SCALE IN FEET 00 a532 LB 140 c'j Mc 91 547 20 C9 113 1 99— 65 I F-1 140 140 L 13 2 43 531—__ CITY OF MENDOTA HEIGHTS NOTICE OF HEARING May 5. 2010 TO WHOM IT MAY CONCERN: NOTICE is hereby given that the Planning Commission of Mendota Heights will meet at 7:00 P.M., or as soon as possible thereafter, on Tuesday, May 25, 2010 in the City Hall Council Chambers, 1101 Victoria Curve, Mendota Heights, Minnesota, to consider an application from Elizabeth Tetzlaff to request a Conditional Use Permit to construct a 10 x 20 wood shed at the following described property: Lot 1 Lametti Addition #2 (PID #27-44400-010-00) More particularly this property is located at 995 Diego Lane This notice is pursuant to Title 12 (Zoning), Chapter 1 of the Mendota Heights City Code. Such persons as desire to be heard with reference to this Conditional Use Permit will be heard at this meeting. Kathleen M. Swanson City Clerk Auxiliary aids for disabled persons 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 Administrator at 452-1850. 995 Diego Lane Dakota Countv, MN Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not Map Scale guaranteed. This is not a legal document and should not be substituted for a title search, 1 inch = 131 feet appraisal, survey, or for zoning verification. Schnick Patricia A Carlson Phyllis E Matsch Phyllis 987 Chippewa Ave 995 Chippewa Ave 987 Diego Ln "^endota Heights Mn 55118-1029 Saint Paul Mn 55118-1029 Saint Paul Mn 55118-1030 Frank Daniel Stary Frank C Tste Lysne Julie H 999 Chippewa 983 Diego Ln 1000 Diego Ln Saint Paul Mn 55118-1029 Mendota Heights Mn 55118-1030 Mendota Heights Mn 55118-1031 Gonsowski Eugene J & M D Lysne Julie H Gergen Thomas J & Gina M 544 Miriam St 1000 Diego Ln 552 Miriam St Saint Paul Mn 55118-1033 Mendota Heights Mn 55118-1031 Mendota Heights Mn 55118-1033 Gackstetter Randal W & Connie Young Sean C Hanson Robert J 556 Miriam St 990 Diego Ln Mendota Heights Mn 55118-1031 537 Miriam St Mendoat Heights Mn 55118 Mendota Heights Mn 55118-1033 Osland Gregory Eckert Adrian & Deborah J Independent Residential Constr 531 Miriam St 560 Miriam St Saint Paul Mn 55118-1033 529 Miriam Ave Mendota Heights Mn 55118 Mendota Heights Mn 55118 546 Winston Ct Mendota Heights Mn 55118-1037 543 Junction Ln Mendota Heights Mn 55118 Diebel B Michael Kowski Ronald A & Rosemary City Of Mendota Heights 532 Miriam St Mendota Heights Mn 55118-1041 548 Junction Ln Saint Paul Mn 55118-1833 1101 Victoria Cury Saint Paul Mn 55118-4167 Tetzlaff Elizabeth A Finnegan Shawn P Murphy John L & Carol A 995 Diego Ln 991 Diego Ln 547 Winston Ct Mendota Heights Mn 55118 Saint Paul Mn 55118-1030 Saint Paul Mn 55118-1038 Baird Harry G & Audrey Arndt Floyd G & Claire E Gydesen Eric M 553 Winston Ct 557 Winston Ct 561 Winston Ct Saint Paul Mn 55118-1038 Saint Paul Mn 55118-1038 Mendota Heights Mn 55118-1038 Nagel Ronald R & Kay B Krueger Paul L & Betty A Hesse Bernard C & Kathleen 565 Winston Ct 558 Winston Ct Saint Paul Mn 55118-1037 554 Winston Ct Saint Paul Mn 55118-1037 Saint Paul Mn 55118-1038 Barott Timothy J Tste Nadeau Nicholas T Hanzal Brandon 550 Winston Ct 546 Winston Ct Mendota Heights Mn 55118-1037 543 Junction Ln Mendota Heights Mn 55118 Mendota Heights Mn 55118 Solomonson Scott D Nygren David Heuer Andrew John 540 Junction Ln 542 Winston Ct 536 Junction Ln Mendota Heights Mn 55118-1833 Saint Paul Mn 55118-1037 Saint Paul Mn 55118-1833 Tweh Clarence W 537 Junction Ln Mendota Heights Mn 55118 Kopet Joseph C & Corrine E 524 Junction Ln Saint Paul Mn 55118-1833 Mckinley Susan Ries 1011 Chippewa Ave Saint Paul Mn 55118-1029 Shaughnessy William & Elizabet 562 Winston Ct Saint Paul Mn 55118-1037 Exner Cecilia 531 Junction Ln Saint Paul Mn 55118-1834 Mcmonigal Alicia C 1003 Chippewa Saint Paul Mn 55118-1029 Thomas Raymond Donald 548 Miriam St Mendota Heights Mn 55118-1033 Hanson Leroy M & Shirley A 530 Junction Ln Mendota Heights Mn 55118 Hess Jacqueline Lynn 523 Junction Ln Saint Paul Mn 55118-1834 Berry Mary Leone 1015 Chippewa Ave Mendota Heights Mn 55118-1029 Schmiesing Scott E 555 Junction Ln Saint Paul Mn 55118-1834 5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416 Telephone: 952.595.9636 Facsimile: 952.595.9837 planners@nacplanning.com MEMORANDUM TO: Mendota Heights Planning Commission FROM: Carie Fuhrman / Stephen Grittman DATE: May 20, 2010 MEETING DATE: May 25, 2010 SUBJECT: Wetlands Permit CASE NO: Case No. 10-19; NAC Case 254.04 — 10.18 APPLICANT(S): William Stein LOCATION: 2465 Westview Terrace ZONING: R-1, One Family Residential GUIDE PLAN: Low Density Residential Background and Description of Request: The applicant is seeking a wetlands permit to install a ground source heat pump at 2465 Westview Terrace. The ground source heat pump is a component of a geothermal heating and cooling system. The project involves excavating a trench in the rear yard; re -grading the mound in the rear yard; and adding landscaping to the rear yard. The property is zoned R-1, One Family Residential. Section 12-2-6 of the Zoning Ordinance requires a Wetlands Permit for any work conducted within 100 feet of a wetland. The applicant requested a wetlands permit back in July of 2008 in order to place a fence in the rear yard of the property. He was then again before the Planning Commission in March of this year requesting a wetlands permit to excavate the trench in order to install the heat pump. At that time, the Planning Commission requested additional information from the applicant, which he has now provided. Analysis: The Wetlands Ordinance is intended to provide for City review of projects that may affect wetland plant and water quality, with the objective of ensuring that wetland areas are protected and enhanced. Trench Work. The applicant is proposing to install a geothermal heating and cooling system on his property, which includes the installation of a ground source heat pump in the rear yard. The applicant is proposing to excavate a trench in order to install earth loops (plastic piping) needed for this geothermal heating and cooling system. The pipe will be 3/4 inch diameter, and a 1'/4 inch pipe will go into the house. The pipes will be laid down in a coiled configuration in four rows. The trench area will be u -shaped, approximately 125 feet long, 18 feet wide, and 8 feet deep. The trench will be over 25 feet from the wetland. Before any work begins, silt fencing will be placed between the disturbed area and the wetland. The silt fence is to remain in place until all excavation, re -grading, and landscaping is complete. Re -grading. The applicant is proposing to possibly do some re-grading/shaping of the mounded area in the rear yard also (see site photos). The exact plans have not been finalized yet, but the applicant intends to keep the mound in the existing location, but lower its height. To review how the changed contours might affect runoff on the site, staff will be adding a condition upon approval that a site plan indicating the proposed resulting contours be submitted for review. Landscaping. The applicant is proposing to do some landscaping in conjunction with the geothermal project. The applicant is working with a Landscape Architect, but has not submitted a Landscape Plan as of yet. The existing turf area in the backyard will be reduced with this project by planting native vegetation and perennials, but a small area of turf will be maintained behind the home for a play area for their children. The applicant plans to add to the already existing wooded/natural state of the backyard by planting native vegetation. The applicant also plans to add native vegetation within the existing platted easement in the rear yard. The City Engineer has reviewed this and approves the planting of native vegetation within the easement. Wetlands Permit. The Wetlands Ordinance requires that any land alteration or construction within 100 feet of any designated wetland requires approval of a Wetlands Permit. The purpose of the Wetlands Ordinance is to ensure that alterations within the buffer area adjacent to wetlands do not degrade or threaten the water quality of the wetland area. Engineer Review. The Assistant City Engineer has reviewed the permit application. He has stated that all construction/excavation work must be located outside of the platted easement area (as shown on the attached plat) and all construction activities must follow the City's Land Disturbance Guidance document. ►a Applicant Letter. According to the applicant, they are interested in installing the ground source heat pump at their property because the State of Minnesota's Office of Energy Security is offering a rebate program for energy efficient heating and cooling systems, which is estimated to reduce their home energy costs by approximately $1,500 per year. According to the applicant, the native vegetation being added will serve as a buffer to absorb and filter undesirable runoff from reaching the ponds. He also states that due to the erosion control measures being taken and the short duration of disturbance (one week), the project will have no impact on the adjacent ponds and wetlands. He states that the project will have a long-term benefit to the environment due to the energy savings and the large area of the backyard being left natural and improved with native vegetation. The applicant has also stated that they will be notifying the neighbors who share the cul-de-sac with them when the contractors will be coming, and they will ensure that no neighboring driveways are blocked by the contractor. Action Requested: Following a public hearing, the Planning Commission may consider one of the following recommendations: 1. Approval of the wetlands permit for the proposed installation of the ground source heat pump, based on the attached findings of fact, and subject to the following conditions: a. A site plan indicating the proposed resulting contours be submitted for review; b. A detailed Landscape Plan shall be submitted and approved by staff; C. All construction/excavation work must be located outside of the platted easement area; and d. All construction activities must follow the Land Disturbance Guidance document. 2. Denial of the wetlands permit, based on a finding that the installation of the ground source heat pump will have negative impacts on the existing wetland and is inconsistent with the intent of the Wetlands Ordinance. Staff Recommendation: Planning staff recommends approval of the wetlands permit for the excavation of a trench, re -grading of the mound, and landscaping work in the rear yard, subject to the above-mentioned conditions. The proposed project should not have a negative impact on the wetland, especially with the silt fence installation and native vegetation plantings proposed between the improved lawn area and the wetland, which shall better serve to filter the runoff into the wetland. The project appears to meet the intent of the Wetlands Ordinance and will not degrade or threaten the water quality of the wetland. 3 Supplementary Materials: Application Materials Dated May 4, 2010 Site Location Map Draft Findings of Fact for Approval Wetlands Permit 2465 Westview Terrace The following Findings of Fact are made in support of approval of the above Wetlands Permit: 1. The project meets the intent of the Wetlands Ordinance. 2. The project has been reviewed and approved by the City Engineer, subject to the above-mentioned conditions. 3. Silt fence is being installed between the disturbed area and the wetland. 4. The wetland itself will be untouched. 5. The area between the trench and the wetland will be maintained in its natural state with native vegetation to serve as a buffer. 5 z49 2469 815 816 3 2475 842 840 4is$ ag6 807 803 6 799 793 783 -7 m L Hazel Gt Ha�e,v e 809 810 4 co 2455 Westview Terrace 815 814 2464 781 775 ti 2465 785 2472 Pondhave La U 809 e. 2482 m 782 776 v 794 788 N c 0 IL Westview Cir 2490 N 2486 2487 810 a r� y 2496 2491 N m Mendota Heights Rd \ 0 831 so m NEI CO Monet Ct26 Site Location Map Parcels Water/Wetlands st. ��yyfs' Lw' 3tl rir 9�� }ytx a Sia ir',...s�P.an3'k ` Y t of k Mendota Heights APPLICATION FOR CONSIDERATION OF PLANNING REQUEST Case No. /a — dDate of Application s= y—/o Fee Paid /IC k Applicant Name: �,-7— PH: t 5-/— 75� (Last) (First) (M) E -Mail Address: �v Address: (Number & Street) (City) (S ate) (Zip) Owner Name: 5Ai��%i�1' (Last) (First) (M) Address: ��'� GrpLifev /r °f /�'jiYU'74 'i /,[r`74 > T (Number & Street) (City) (State) (Zip) Street Location of Property in Question: Legal Description & PIN of Property: (Complete Legal from Title or Deed must be provided) d" Z - 2f //r�,� i / /%/%�i f rJ� l/ Cic.' �Gi c rc'S �•''[r f i ! f✓i7�: fi, Li�i � /`"(�6 � c; 7�•z t1Ci'• ,'�S r'�' fit' -� Cur(sri/ � i�. Type of Request: Rezoning Variance Conditional Use Permit Subdivision Approval Conditional User Permit for P.U.D. Wetlands Permit Preliminary/Final Plat Approval Critical Area Permit Comprehensive Plan Amendment Other (attach explanation) Applicable City Ordinance Number Section Present Zoning of Property Present Use Proposed Zoning of Property ICZ _Proposed Use Sr I hereby declare that all statements made in this request and on the additional material are true. I further authorize City Officials and agents to inspect the above property during daylight hours. Date Received t - (Signature of-• pplicant) (Signature ofOwner) 1101 'Victoria Curve • Mendota Heights, MN 55118 • (551) 452-1850 o FAX (651) 45'l-t5U4U www.men do ta-heights. corn May 2, 2010 City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55120 Re: Letter of Intent to Install Ground Source Heat Pump (Geothermal Heating and Cooling System) 2465 Westview Terrace, Mendota Heights, MN SS120 Dear Sir or Madam: We would like to install a ground source heat pump at our property in Mendota Heights. The State of Minnesota's Office of Energy Security is currently offering a rebate program for these extremely energy efficient heating and cooling systems. The system is estimated to reduce our home energy costs by approximately $1500 per year. Description of Work The project involves excavating a trench for installation of earth loops (plastic piping)—an integral component of this type of heating and cooling system. The sketch included with this application illustrates the proposed area of excavation. At the same time this work is done, we would like to do some regrading/shaping of the mounded area in our backyard (see photo) and do some landscaping in conjunction with the geothermal project. We are aware of the utility easement in the back area of our property and will not be placing any landscape features in this area (other than adding some native vegetation). Erosion Prevention Measures during Project The trenching, installation of earth loops, and regrading for landscaping is expected to be complete in less than one week. Before any earthwork begins, silt fence will be placed between the area to be disturbed and the nearby ponds. The silt fence will remain in place until all excavation, regrading, and landscaping is complete. Additional Long -Term Measures to Minimize Runoff into Ponds We are maintaining much of the property behind our house in a natural state. The landscape plan is to maintain a small area of turf behind our house for a play area for our three young children the existing turf area in the backyard will be further reduced with this project and replaced with native vegetation and perennials. Much of the backyard area is already in a wooded/natural state, which we plan to add to and enhance by planting native vegetation that will serve as a buffer to absorb and prevent undesirable runoff from reaching the ponds. No Impact on Wetland Due to the erosion control measures to be taken and the short duration of disturbance, the project will have no impact on the adjacent ponds and wetlands. The project will have a long-term benefit to the environment due to the energy savings and the large area of the backyard being left natural and improved with native vegetation. No Impact on Streets and Highways The only impact on streets and highways will be to the cul-de-sac in front of our home when construction equipment is delivered to the project site. We will be notifying our neighbors who share the cul-de-sac when the contractor will be coming. We will ensure that no neighboring driveways are blocked by the contractor and that easy access to their homes is maintained. If you have any questions regarding our project, we would be happy to provide additional information. Thank you very much for your consideration of our request. Page 1 of 2 Jake Sedlacek From: william.stein@dot.gov Sent: Wednesday, May 05, 2010 7:38 AM To: Jake Sedlacek Subject: FW: wetlands permit --2465 Westview Terrace Attachments: project_drawing-2465 Westview Terrace.pdf; Wetlands_permit—application.pdf Jake—attached is some additional info, per your request. 1. Revised drawing shows existing fence with a dashed line. This will be removed and reinstalled as part of the project. 2. The pipe will be 3/4 inch dia. and will be headered with 1 % inch pipe into the house. The pipes will be laid down in a slinky (coiled) configuration (I can explain this at the mtg, or could probably obtain a photo from the contractor, if you'd like). These will be laid out in four rows, 125' in length. 3. Direction of runoff will not change after the project. We're looking at regrading the mound a bit, but not flattening it all together (there's a nice view from up there for one thing). And we may still just leave it alone and just put perennials, etc. on it instead of the turf. We're still deciding exactly what we want to do with that, but the bottom line is there will still be a mound where the existing one lies and water will drain away in the same manner that it does now. Our budget is also dictating a more minimalistic approach in terms of the landscaping. If you need more info here, let me know, and we'll try to finalize a drawing (we have a preliminary concept from the landscape architect that shows the mound remaining with some minor reshaping, but it is still more expensive than we want to go at the moment and we're working with him on changes). Let me know if you need anything further. I'll be at the mtg on May 25. Will ----- Original Message ----- From: Jake Sedlacek To: Will home Sent: Monday, May 03, 2010 1:42 PM Subject: RE: wetlands permit --2465 Westview Terrace Will — thanks for the updated materials. It looks close to complete, so we should be able to squeeze it on to the May 25 Planning Commission meeting. Given the conversation at the last meeting, here is some additional information the commission would like to have on the application: d Relation of the proposed project to the existing fence — if you could depict the fence on the site map, that would be helpful. The size of the tubing that will be utilized — 1", 4", if it is layed horizontally, or if there will be deeper points, etc. * An image showing the proposed resulting contours, indicating where runoff might go once the landscaping is completed. As we discussed previously, this is a re -submittal of planning case 10-05, which you withdrew on April 26. As such, we will waive the fee, but do need an updated application form — I've attached a pdf of the application packet which as a clean application form on it! 5/5/2010 Page 2 of 2 Jake Sedlacek Asst to the City Administrator City of Mendota Heights 651.452.1850 www.Mendota-�leights.com From: Will _home [mailto:wjshome@comcast.net] Sent: Sunday, May 02, 2010 11:52 PM To: Jake Sedlacek Subject: wetlands permit --2465 Westview Terrace Hello Jake --attached is a revised letter, sketch, and photo for the wetlands permit. Please let me know if you need additional info. Will 5/5/2010 �1p �•��" 4191 �� yy,^� �p 066 X68 -. N 0 �o I 3 @s@ - r�B .. _ 6'16'1 .— ���=.'.fb• s �� I •zi � �r r I 00'B Address: 2465 Westview Terrace Mendota Heights, MN 55120 Owners: William J. and Pamela Z. Stein Legal Description: Lot 8, Block 1, Bridgeview Shores 2nd Addition, City of Mendota Heights, Dakota County, MN PIN: 27-15151-080-01 Contractor: UMR Geothermal, Inc. 5115 Industrial Street Maple Plain, MN 55359 (952) 255-7002 imwMIN i -p °a 'gm, V, 'Ar Ile -2T 77 4� wom Z -V V EPA CITY OF MENDOTA HEIGHTS NOTICE OF HEARING May 5. 2010 TO WHOM IT MAY CONCERN: NOTICE is hereby given that the Planning Commission of Mendota Heights will meet at 7:00 P.M., or as soon as possible thereafter, on Tuesday, May 25, 2010 in the City Hall Council Chambers, 1101 Victoria Curve, Mendota Heights, Minnesota, to consider an application from William Stein for a Wetlands Permit for the installation of a ground source heat pump located at the following described property: Lot 8, Block 1 Bridgeview Shores 2nd Addition More particularly this property is located at 2465 Westview Terrace This notice is pursuant to Title 12 (Zoning), Chapter 2 of the Mendota Heights City Code. Such persons as desire to be heard with reference to this Conditional Use Permit will be heard at this meeting. Kathleen M. Swanson City Clerk Auxiliary aids for disabled persons 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 Administrator at 452-1850. 2465 Westview Terrace Dakota County, MN A rt-; 01 MENDOTAHEIGH'IS RD 1� -rs i Disclaimer. Map and parcel data are believed to be accurate, but accuracy is not Map Scale guaranteed. This is not a legal document and should not be substituted for a title search, 1 inch = 169 feet appraisal, survey, or for zoning verification. Collier Ronald L & Nell E Buell Jeffrey R & Dana M 2490 Westview Terr 2482 Westview Terr ^aint Paul Mn 55120-2600 Saint Paul Mn 55120-2600 Easton Jacqueline A Rogers Catherine E Tste 809 Westview Cir 788 Pondhaven Ln Saint Paul Mn 55120-1698 Mendota Heights Mn 55120-2603 Olsen Steven R Stein William Joseph 2469 Westview Terr 2465 Westview Terr Saint Paul Mn 55120-1699 Mendota Heights Mn 55118 Yang Yu Kun Maurer Eric W 2472 Westview Terr 785 Pondhaven Lane Saint Paul Mn 55120-1699 Mendota Heights Mn 55120 Beaty J Scott Nelson Richard E & Mary T 800 Havenview Ct 796 Havenview Ct Saint Paul Mn 55120-1801 Mendota Heights Mn 55120-1800 Obrien John F & Sandra A Edwards Kent R & Catherine 807 Hazel Ct 810 Hazel Ct Saint Paul Mn 55120-1626 Saint Paul Mn 55120-1626 Losleben James P Wild Paul W & Elizabeth 815 Hazel Ct 813 Hazel Ct Saint Paul Mn 55120-1626 Saint Paul Mn 55120-1626 Miller James M & Elizabeth 794 Pondhaven Ln Saint Paul Mn 55120-2603 Bredemus Paul R & Kelly 815 Westview Cir Saint Paul Mn 55120-1698 Miller Jay P & Rebecca A 2475 Westview Terr Mendota Heights Mn 55120-2601 Kampa Stephen J & Sherry L 2464 Westview Terr Mendota Heights Mn 55120 Steveken John G & Lisa A 781 Pondhaven Ln Mendota Heights Mn 55120-1692 Deslauriers John S & Kathleen 790 Havenview Ct Saint Paul Mn 55120-1800 Persons David G & Theresa A 814 Hazel Ct Saint Paul Mn 55120-1626 Moeri Sharon D 809 Hazel Ct Saint Paul Mn 55120-1626