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2019-07-23 Planning Comm MinutesJuly 23, 2019 Mendota Heights Planning Commission Meeting Page 1 of 10 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PLANNING COMMISSION MINUTES July 23, 2019 The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, July 23, 2019 in the Council Chambers at City Hall, 1101 Victoria Curve at 7:00 P.M. The following Commissioners were present: Chair Mary Magnuson, Commissioners John Mazzitello, Patrick Corbett, Michael Toth, Brian Petschel, and Andrew Katz. Those absent: Michael Noonan. Approval of Agenda The agenda was approved as submitted. Approval of June 25, 2019 Minutes Commissioner Katz suggested edits to the minutes, which were reviewed and either explained or accepted. COMMISSIONER MAZZITELLO MOVED, SECONDED BY COMMISSIONER KATZ TO APPROVE THE MINUTES OF THE JUNE 25, 2019 REGULAR MEETING AND THE MINUTES OF THE JULY 11, 2019 SPECIAL MEETING, AS AMENDED AYES: 6 NAYS: 0 ABSENT: 1 (NOONAN) Hearings A) PLANNING CASE #2019-20 METRO STORAGE, LLC, 1178 NORTHLAND DRIVE CONDITIONAL USE PERMIT AND VARIANCE Staff requested this application and hearing be tabled to the next month’s regular meeting. COMMISSIONER MAZZITELLO MOVED, SECONDED BY COMMISSIONER TOTH, TO TABLE PLANNING CASE 2019-20 CONDITIONAL USE PERMIT AND VARIANCE REQUEST FOR METRO STORAGE, 1178 NORTHLAND DRIVE, TO THE AUGUST 27, 2019 REGULAR MEETING OF THE PLANNING COMMISSION AYES: 6 NAYS: 0 ABSENT: 1 (NOONAN) July 23, 2019 Mendota Heights Planning Commission Meeting Page 2 of 10 B) PLANNING CASE #2019-21 ANDY & NATALIE HUNTER, 1175 ORCHARD PLACE CRITICAL AREA PERMIT Community Development Director Tim Benetti explained that Andy and Natalie Hunter were requesting a Critical Area Permit to construct a 25.5-foot by 30-foot two-car garage addition with upper living space to their existing home. The property is situated in the Mississippi River Corridor Critical Area and Title 12-3-5 of the City Code requires a Critical Area Permit for all development activities requiring a building permit or special zoning approvals. This item was presented under a public hearing, which was duly noticed by mail to all owners within 350-foot of the subject property and was published in the Pioneer Press. No written comments or objections have been received. The subject property is located at 1175 Orchard Place, is approximately 1.55 acres in size, and contains a 3,635 square foot two-story dwelling. The owners plan to construct the new garage/living space addition on the northeast corner of the dwelling. They also plan to install a new patio/deck off the back section of the home, overlooking the bluff area. Mr. Benetti shared an overhead image of the subject property, the proposed site plan, and before and after renderings of the dwelling. He also explained the purpose of the Critical Area Permit, which is to prevent and mitigate irreversible damage in the Mississippi River Corridor Critical Area and to ensure any expansions or accessory structures are built according to the code and the standards under the critical area section of the ordinance. Commissioner Petschel noted that it appeared that there was very little change to the permeable surface. Mr. Benetti confirmed that this was true. Chair Magnuson stated that one of the code provisions says that the expansion or accessory structure shall encroach no closer toward the river than the existing structure. She then asked if a porch was considered a structure. Mr. Benetti replied that it is debatable. He believed that with the existing deck the way it is, the porch would be more of an enclosed deck porch. The change would be negligible comparatively to the wanted expansion. The new porch would cover the existing space and would not expand closer to the critical area. It would actually be smaller. Commissioner Toth, referencing the elevation changes, asked if there were any concerns about additional drainage. Mr. Benetti replied that staff had no concerns. Mr. Kurt Weber, General Contractor and Ms. Natalie Hunter, 1175 Orchard Place were available for questions but had no additional comments to the staff report. Chair Magnuson opened the public hearing. Seeing no one coming forward wishing to speak, Chair Magnuson asked for a motion to close the public hearing. July 23, 2019 Mendota Heights Planning Commission Meeting Page 3 of 10 COMMISSIONER MAZZITELLO MOVED, SECONDED BY COMMISSIONER TOTH, TO CLOSE THE PUBLIC HEARING. AYES: 6 NAYS: 0 ABSENT: 1 (NOONAN) COMMISSIONER PETSCHEL MOVED, SECONDED BY COMMISSIONER MAZZITELLO, TO RECOMMEND APPROVAL OF PLANNING CASE 2019-21 CRITICAL AREA PERMIT BASED ON THE FOLLOWING FINDINGS OF FACT: 1. The proposed project meets the purpose and intent of the Critical Area Overlay District. 2. The proposed work and disturbance to construct this garage/living space addition is minimal, reasonable and within the spirit and intent of the Critical Area. 3. he proposed garage/living space addition project is in keeping with the character of the area. 4. The expansion and construction of this new garage/living addition will comply with all standards and regulations of the Zoning Ordinance and other applicable ordinances. AND WITH THE FOLLOWING CONDITIONS: 1. 1. A building permit must be approved prior to the commencement of any demolition or construction work. 2. Full erosion and sedimentation measures will be put in place prior to and during grading and construction work activities. 3. All grading and construction activity will be in compliance with applicable federal, state, and local regulations and codes, as well as in compliance with the City’s Land Disturbance Guidance Document. 4. All work on site will only be performed between the hours of 7:00 AM and 8:00 PM Monday through Friday; 9:00 AM to 5:00 PM weekends. 5. All disturbed areas in and around the project site shall be restored and have an established and permanent ground cover immediately after the project is completed. AYES: 6 NAYS: 0 ABSENT: 1 (NOONAN) Chair Magnuson advised the City Council would consider this application at its August 7, 2019 meeting. C) PLANNING CASE #2019-22 TIM & JESSICA CARLSON, 2319 SWAN DRIVE CONDITIONAL USE PERMIT Community Development Director Tim Benetti explained that Tim and Jessica Carlson were requesting a Conditional Use Permit to allow an oversize attached garage structure, with consideration of a Variance to allow the structure to exceed the square footage requirement permitted under a Conditional Use Permit. July 23, 2019 Mendota Heights Planning Commission Meeting Page 4 of 10 The applicants are asking for the Conditional Use Permit to expand their existing 551 square foot two-car attached garage to 1,496 square feet (an addition of 945 square feet). They were also requesting an optional Variance to extend the southerly garage wall an additional 3.5 feet (105 square feet), making the total garage space up to 1,601 square feet in size. This item was presented under a duly noticed public hearing with notice letters being mailed to all owners within 350-feet of the subject property and posted in the Pioneer Press. One letter of support was received by staff and one phone call also expressing support, both of which have been made a part of the public record. Chair Magnuson also noted that the Commission received three emails, which are also part of the public record. Mr. Benetti shared an image of the subject property, which is approximately 2.03 acres in size, with 1.37 acres considered part of Rogers Lake. There is an existing one story rambler dwelling on the site, with 2,308 of finished square footage. There is also an existing 12-foot by 30-foot shed, which will be removed. The plan calls for some major renovations inside and outside of the house with 36-foot by 60-foot living space and garage addition, a small 12-foot by 15-foot addition on the back corner, and a new deck off of the back. The applicant desires that a new garage door be placed on the east side, facing out towards Swan Drive. He does not want to put in a hard surface driveway; however, he does want to use this for some type of minimal access for larger vehicles. He is proposing to install a Tuff track™ or a permeable driveway surface to help minimize any rutting or wheel digging into the grass. The existing garage door would serve as the primary vehicle loading area. Mr. Benetti also shared renderings of what the home would look like with the expanded garage, with and without the optional variance. Mr. Benetti reviewed the standards and principles to be considered when reviewing a Conditional Use Permit request, and the variables to be considered when reviewing a Variance request, and explained how this application meets or fits those standards, principles, or variables. Commissioner Mazzitello, referencing two overhead doors on the garage, one on the east side and one on the south, asked if both would have access to Swan Drive. The reply was that the new permeable driveway would link into the existing driveway accessing Swan Drive. They would not need a new curb-cut for a second access point to Swan Drive; therefore, they would not need a driveway permit. Mr. Tim Carlson, 2319 Swan Drive, stated that he and his wife have been residents for approximately 10 years; the first seven with just the two of them and now with two children. He has worked with staff and believes he has come up with a good plan for expanding the living space and creating a place for storage as his home does not have a basement. Commissioner Corbett asked if there were any attempts to work within the confines of the ordinance and the permitted allowances. Mr. Carlson replied in the affirmative; however, when trying to fit within the 1,200 square foot limitation it really wasn’t reasonable. Also, given the July 23, 2019 Mendota Heights Planning Commission Meeting Page 5 of 10 amount of living space they are trying to add on – the home looked really chopped up and messed with the roof line. Chair Magnuson noted that when considering a variance, they are limited by certain criteria that are contained in the ordinance. One of those criteria is that there has to be practical difficulty in complying with the ordinance that is unique to the property and not the fault of the landowner. She sees the reason for the preference; however, what would he think the practical difficulty would be. Mr. Carlson replied that the gain of 100 square feet – even with that 100 square feet he believes it would be difficult to store everything in that space. He looked at adding a basement but that is not feasible because of the water table. As he explained in his letter of intent, he believed this created a practical difficulty. Commissioner Petschel asked if the additional space in the garage was just required for storage. Mr. Carlson replied that it would have everything that is currently in the shed. Commissioner Petschel then asked Mr. Benetti if they enclosed it and technically made it a room, would it still be considered a garage. Mr. Benetti replied ‘probably not’; however, with the overhead door it would be considered a garage. Commissioner Petschel clarified his question by asking if this request was for an additional living space, would the even need the variance. Again, Mr. Benetti replied with ‘probably not’. Chair Magnuson stated that they would need to be careful about whether it is an expansion of the home, meaning they would probably want access from the house. Commissioner Corbett asked if they considered going up. Mr. Carlson replied that they did – they tried several different plans over the last 14 months; one of which was going up and another of going up and out. The results were that they were cost prohibitive to their budget. Chair Magnuson opened the public hearing. Mr. Pat Hickey, 2303 Swan Drive, was the one who sent all of the emails. He supports this application. Mr. Carlson is a good neighbor and this would be a nice addition to the neighborhood. Mr. Jack Koegel, 2301 Swan Drive, also expressed his support of this application. Mr. Carlson is a great neighbor and takes very good care of his property and the lake. Mr. Robin Statz, Next Door Remodels, is Mr. and Mrs. Carlson’s contractor. In response to the ‘practical difficulty’ test, he wanted to ensure that the Commission understood that this is a slab- on-grade house and that even though there is a crawl space that would be the practical difficulty. This speaks to the specific need around storage. Chair Magnuson asked for an explanation of the water table issue. Mr. Statz replied that Mr. Carlson did have a geo-tech come out and actually drill. They determined that the water table was just too high for a full basement – which they had considered putting underneath the new addition. Commissioner Corbett asked why was the square footage of the garage versus the home square footage decided upon the way it was. It could have been designed in such a way that they would not need any of this. Mr. Statz replied they he came in after most of the architectural plans were done. They could potentially do some type of closet off of the addition of the home; however, it July 23, 2019 Mendota Heights Planning Commission Meeting Page 6 of 10 would have to be fully insulated. Mr. Carlson replied that the way the home is current set-up, it is one open living space with a bedroom wing. The proposed living space addition will suit their needs for an additional area for the children to spread their wings, etc. They have dedicated storage space in the living space and that is why they plan to put all of the outside type storage in the garage. Also, he was unsure if the current HVAC system would have allowed the additional garage space to actually be made into a part of the living space. Chair Magnuson asked for a motion to close the public hearing. COMMISSIONER TOTH MOVED, SECONDED BY COMMISSIONER MAZZITELLO, TO CLOSE THE PUBLIC HEARING. AYES: 6 NAYS: 0 ABSENT: 1 (NOONAN) Chair Magnuson requested that the Commission consider the Conditional Use Permit request separate from the Variance request. COMMISSIONER MAZZITELLO MOVED, SECONDED BY COMMISSIONER PETSCHEL, TO RECOMMEND APPROVAL OF PLANNING CASE 2019-22 CONDITIONAL USE PERMIT, IDENTIFIED AS ALTERNATIVE #1 IN THE STAFF REPORT, BASED ON THE FOLLOWING FINDINGS OF FACT: A. The proposed oversized garage expansion to the existing residential dwelling, including the added living spaces, deck and related improvements on the subject property, will be consistent with and meet City Code standards. B. The planned expansion and use of the oversized garage area requested under this application can be considered a reasonable request, and is consistent with the City Code and Comprehensive Plan. C. The proposed residential home and larger garage meet the required setbacks and other standards established under the R-1 One Family District. D. The proposed garage and home expansion project activities will not cause or create any negative impacts to the ecologically sensitive area of adjacent Rogers Lake, due to the proximity and separation of the structure from this water feature. E. The proposed garage use will not be detrimental to the health, safety or general welfare of the community; should not cause any serious traffic congestion nor hazards; will not seriously depreciate surrounding property value; and said use appears to be in harmony with the general purpose and intent of the City Code and the Comprehensive Plan. F. The proposed garage and structure will be compliant with the conditions included in the City Code that allow it by conditional use permit. G. The new garage represents reinvestment in a residential neighborhood that is consistent with the Comprehensive Plan’s goals for residential land uses. AND WITH THE FOLLOWING CONDITIONS: 1. The proposed garage addition and all other proposed improvements shall be constructed in compliance with all applicable City Code and State of Minnesota Building Code standards. July 23, 2019 Mendota Heights Planning Commission Meeting Page 7 of 10 2. The applicant shall obtain a building permit prior to any demolition, excavation or construction of the new garage addition. 3. The Applicant must present written approval from the neighboring resident to the south at 2335 Swan Drive that they grant permission and access to this private property to complete the grading as shown on the plans. Final grading plan must be approved by the Public Works Director. 4. All grading and construction activities as part of the proposed development shall be in compliance with applicable federal, state, and local regulations and codes, as well as in compliance with the City’s Land Disturbance Guidance Document. AYES: 6 NAYS: 0 ABSENT: 1 (NOONAN) Chair Magnuson advised the City Council would consider this application at its August 7, 2019 meeting. COMMISSIONER PETSCHEL, SECONDED BY COMMISSIONER TOTH, MOVED TO RECOMMEND APPROVAL OF PLANNING CASE 2019-22 VARIANCE, BASED ON THE FOLLOWING FINDINGS OF FACT: A. Under Title 12-1L-5A of the City Code, the Council may only grant variances from the strict application of the provisions of the Code in cases where there are “practical difficulties” in carrying out the strict letter of the regulations of the Code. “Practical difficulties” consists of a three-part test: (i) the Applicant proposes to use the property in a reasonable manner not otherwise permitted by the Code; (ii) the plight of the Applicant is due to circumstances unique to the property not created b y the Applicant; and (iii) the variance, if granted, will not alter the essential character of the neighborhood. Economic considerations alone do not constitute “practical difficulties.” B. The Applicant has met the burden of demonstrating the requisite “practical difficulties” in order to justify the granting of a Variance to allow the oversized garage to exceed the 1,500 sq. ft. maximum area only up to 1,601 sq. ft. in this case, with the following findings: i. The proposed oversized garage is a reasonable request on the subject property, due to the need to provide suitable and additional storage needs for the homeowners, due in large part to the absence of a basement on the property. ii. The construction of the original dwelling was built by others, and did not include a basement. This situation makes this somewhat of a unique situation for the homeowner that they did not create, and they are now attempting to provide for more storage space needs that a basement would typically fulfill by means of this larger garage space. This situation therefore provides a unique circumstance for supporting or allowing the granting of this variance; and iii. The visual impacts or effect of the added garage area appears minimal, both on the subject property and within the neighborhood; and therefore approving the proposed larger garage space under this variance (and CUP) will not alter the essential character of the neighborhood. C. The proposed garage use will not be detrimental to the health, safety or general welfare of the community; should not cause any serious traffic congestion nor hazards; will not July 23, 2019 Mendota Heights Planning Commission Meeting Page 8 of 10 seriously depreciate surrounding property value; and said use appears to be in harmony with the general purpose and intent of the City Code and the Comprehensive Plan. D. The City has considered the factors required by Title 12-1L-5E1 of the City Code, including but not limited to the effect of the Variance upon the health, safety, and welfare of the community, existing and anticipated traffic conditions, the effect of the Variance on the danger of fire and the risk to public safety, and upon the value of properties in the surrounding area, and upon the Comprehensive Plan, and has determined this variance associated with this conditional use permit will not affect or pose any negative impacts upon the neighborhood or the community in general. E. Approval of this Variance is for 2319 Swan Drive only, and does not apply or give precedential value to any other properties throughout the City. All variance applicants must apply for and provide a project narrative to the City to justify a variance. All variance requests must be reviewed independently by City staff and legal counsel under the requirements of the City Code. F. The factual findings and analysis found in the Planning Staff Report for Planning Case No. 2019-22, dated and presented July 23, 2019 (and on file with the City of Mendota Heights), is hereby fully incorporated into Resolution No. 2019-____. G. Pursuant to City Code Section 12-1L-5: Variances, the City has the authority to place reasonable conditions upon the property subject to this Variance request, and conditions must be directly related to and roughly proportional to the impact created by the variance. Discussion Commissioner Petschel stated that he found the argument with respect to a slab-on-grade and the inability to go down convincing. In so much that they have used criteria such as where a building sits on a lot as a condition outside of the applicant’s control. The fact that they cannot go down at all does seem outside of their control. Given that the design has a continuous roof and going up would have created an unsightly sight line, he did not consider that a reasonable option. He was also open to the idea of then not even needing this and treating a de-facto closet as an extension of the house. Commissioner Toth agreed with Commissioner Petschel’s comments. He met with the applicant late last week; walked his lot; was provided information regarding slab-on-grade, no basement, the geo evaluations of the water table; etc. Looking at the plans with the roof line an all, it warrants the additional 105 square feet he is requesting. Commissioner Mazzitello commented that he is wrestling with this. He knew Mr. Carlson when he was on staff with the city, he’s worked with him on the Homeowners Association, the water quality of Rogers Lake; he is a fantastic resident, fantastic neighbor. He understood why he was asking for what he was asking for. However, the floor plan in the packet is showing 1,496 square feet. Adding an additional 3.5 feet adds 105 square feet. If the interior wall was moved over three feet 3 inches, they would not be having a Variance discussion. From what he can see, this interior wall is not load bearing. So while it is definitely reasonable and definitely in character with the neighborhood, and there is a unique circumstance of the property because the groundwater table; however, he is wrestling with the ‘unique situation not made by the owner’ aspect of the ‘practical difficulty’ test. July 23, 2019 Mendota Heights Planning Commission Meeting Page 9 of 10 Given the testimony heard from the City Attorney not too long ago regarding the handling of Variances, he would be inclined to cautiously recommend approval with the statement that the practical difficulty may be weak, but there. After some discussion, Commissioner Mazzitello realized that the fact that the code requires a basement, and due to the high water table the applicant cannot put in a basement, this would strength to the practical difficulty test. Chair Magnuson stated that she too was wresting with the practical difficulty test. She understood about the water table issue; however, the house was built in 1973 and the applicants have lived there for 10 years; they purchased the property without a basement and there are certain consequences that stem from that. She sees the argument but does not necessarily buy it. Also, Variances have to stand on their own; not based on what has been done in the past or what would be done in the future. The Commission also has to be conscience of the fact that they cannot grant Variances simply because it is the personal preference of the homeowner to have a larger space, whether it is needed or not. Without more evidence of a practical difficulty unique to the property, she could not support the Variance. AYES: 4 (MAZZITELLO, TOTH, KATZ, PETSCHEL) NAYS: 2 (CORBETT, MAGNUSON) ABSENT: 1 (NOONAN) Chair Magnuson advised the City Council would consider this application at its August 7, 2019 meeting. Staff Update on Approved or Pending Developments Community Development Director Tim Benetti gave the following verbal review: Planning Case #2019-17 Edward Sweeney, 777 Wentworth Avenue Preliminary Plat Approved by City Council as recommended by the Planning Commission Applicant is now working with the Dakota County Plat Commission to resolve some of the issues with them on the right-of-way dedication and access points Planning Case 2019-18 Independent School District #197 – Henry Sibley High School Variance Approved by City Council as recommended by the Planning Commission Planning Case 2019-16 City of Mendota Heights Zoning Code Amendment – Fence Standards July 23, 2019 Mendota Heights Planning Commission Meeting Page 10 of 10 Approved by City Council as recommended by the Planning Commission; however, they did add language that the city prefers the 30% openness rule Planning Case 2019-14 Jim Carlson, 1562 Wachtler Avenue Variance Denied by City Council as recommended by the Planning Commission; however, he has gone back and worked with his contractor and he may have figured out how to make an 8- foot 9-inch driveway work at the pinch point. Staff will review and as long as he meets the 5-foot setback, he will be meeting code and will not need any follow-up variance. Adjournment COMMISSIONER MAZZITELLO MOVED, SECONDED BY COMMISSIONER TOTH, TO ADJOURN THE MEETING AT 7:55 P.M. AYES: 6 NAYS: 0 ABSENT: 1 (NOONAN)