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2022-01-25 Planning Commission MinutesAPPROVED BY PC 02/22/2022 January 25, 2022 Mendota Heights Planning Commission Meeting Page 1 of 9 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PLANNING COMMISSION MINUTES JANUARY 25, 2022 The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, January 25, 2022 in the Council Chambers at City Hall, 1101 Victoria Curve at 7:00 P.M. The following Commissioners were present: Chair Litton Field, Commissioners Patrick Corbett, Sally Lorberbaum, Cindy Johnson, Michael Toth, Brian Petschel, and Andrew Katz. Those absent: None Approval of Agenda The agenda was approved as submitted. Approval of December 28, 2021 Minutes Commissioner Lorberbaum noted on page two, the fifth paragraph from the bottom, it should state, “…three which were the native trees, the native plants, and pollinator friendly species…” On page seven, the third paragraph, it should state, “…lower spot that does not rain drain…” On page seven, the third paragraph from the bottom, it should state, “…removed and that it is was the…” On page 12, the third paragraph, it should state, “…recommendations rather than buffers buffer requirements.” On page 15, the fifth line, it should state, “…collaboration between City staff and the Catholic Cemetery staff rather…” COMMISSIONER LORBERBAUM MOVED, SECONDED BY COMMISSIONER CORBETT TO APPROVE THE MINUTES OF DECEMBER 28, 2021 WITH THE NOTED CHANGES. AYES: 7 NAYS: 0 Hearings A) PLANNING CASE 2021-23 SOUTHVIEW DESIGN/CATHOLIC CEMETERIES, 2101 LEXINGTON AVENUE SOUTH – WETLANDS PERMIT (TABLED FROM DECEMBER 28, 2021 MEETING) Community Development Director Tim Benetti explained that at the December 28, 2021 regular meeting, Southview Design, acting on behalf of Catholic Cemeteries, presented a Wetlands Permit application for review which would allow new landscaping and pond embankment improvements for the memorial pond located in Resurrection Cemetery. This item was presented under a public hearing and with no persons wishing to be heard that night, the Commission closed the hearing on this matter. Upon subsequent discussion with the application, it was deemed by the Planning APPROVED BY PC 02/22/2022 January 25, 2022 Mendota Heights Planning Commission Meeting Page 2 of 9 Commission that the proposed 10-foot-wide layer of river rock surrounding the pond, along with ordinary bluegrass/rye grass seed mix around the pond edge, was not sufficient to provide added water quality treatment or meet certain surface water management and land disturbance guidance standards. The Commission chose to table this item and directed the applicant to work with the City’s Natural Resources staff to develop a native plant buffer that aligns with the goals of the Comprehensive Plan, the Surface Water Management Plan, and Land Disturbance Guidance Document for the improvement of water quality. Community Development Director Tim Benetti stated that the applicants met with City staff to discuss a revised plan; and staff encouraged the designers to forgo the river rock layer around the pond and encouraged a smaller/lower growing wetland seed mix that is more suitable to areas in and around wetlands or stormwater ponds. The updated plan presented back to the Planning Commission illustrates that rock layer removed; and disturbed areas created by the previous vegetation removals around the pond will be seeded with a MnDOT Seed Mix #33-261. The types of seed and plant varieties are noted on the seed mix list document. Community Development Director Tim Benetti provided a planning staff report and a presentation on this planning item to the Commission (which is available for viewing through the City’s website). Staff recommended approval of this application based on the findings and with conditions. Commissioner Johnson appreciated staff working with the applicant and appreciated the use of the seed mix. She asked how tall the plants are anticipated to grow. Community Development Director Tim Benetti believed the range was three to five feet. He noted that it would be maintained using Prairie Restoration. He commented that the cemetery would like to have low growing plant material to ensure the pond could be visible to visitors. Commissioner Johnson noted that she believes the plant materials grow three to eight feet and therefore wanted to ensure the applicant was okay with that height. Chair Field recognized that the public hearing had been closed at the last meeting and asked if the Commission would like to reopen the hearing. COMMISSIONER KATZ MOVED, SECONDED BY COMMISSIONER PETSCHEL, TO REOPEN THE PUBLIC HEARING. AYES: 7 NAYS: 0 Taylor Wald, Southview Design, was present to address any questions of the Commission. He commented that most of the plants in the seed mix would be within the three-to-five-foot range of growth. He commented that the desire is to open up views across the cemetery and they believe this seed mix would accomplish that goal. APPROVED BY PC 02/22/2022 January 25, 2022 Mendota Heights Planning Commission Meeting Page 3 of 9 Commissioner Katz asked if the work is still anticipated for March. Mr. Wald replied that the seeding would most likely be done a bit later, but by May in order to provide the optimal results. Commissioner Lorberbaum asked the narrowest and the largest width of the buffer around the pond. Mr. Wald replied that in the narrowest section the buffer would be ten feet and the widest would be about 80 feet. Dave Kemp, Catholic Cemeteries, commented that this pond has been an eyesore for many years. He stated that there is a feature to the unborn which is a tranquil and quiet place and therefore they would like to have visibility to the water. He stated that after meeting with City staff they understand the purpose of having the buffer. He stated that they would like to maintain the openness of the pond for visitors to enjoy. Commissioner Johnson asked if there is going to be a fountain. Mr. Kemp confirmed that they would like to have a fountain so that visitors can see the water and hear the sound of running water. Commissioner Johnson commented that there is a thought that when you are placing a fountain into a stormwater pond it vaporizes the chemicals. Mr. Kemp stated that the only chemical they use is to treat dandelions in the spring. Commissioner Johnson stated that perhaps a bubbler would be considered. Seeing no one further coming forward wishing to speak, Chair Field asked for a motion to close the public hearing. COMMISSIONER KATZ MOVED, SECONDED BY COMMISSIONER TOTH, TO CLOSE THE PUBLIC HEARING. AYES: 7 NAYS: 0 COMMISSIONER LORBERBAUM MOVED, SECONDED BY COMMISSIONER KATZ, TO RECOMMEND APPROVAL OF THE WETLANDS PERMIT TO CATHOLIC CEMETERIES AND FOR THE PROPERTY LOCATED AT 2101 LEXINGTON AVENUE SOUTH, WHICH WOULD ALLOW CERTAIN POND EMBANKMENT IMPROVEMENTS AND LANDSCAPING AROUND THE ESTABLISHED WETLAND FEATURE, BASED ON THE FINDINGS-OF-FACT AND SUBJECT TO THE FOLLOWING CONDITIONS: 1. THE REVISED LANDSCAPE PLAN FOR RESURRECTION CEMETERY DATED JANUARY 18, 2022, ALONG WITH THE MNDOT SEED MIX LIST #33-261 SHALL APPROVED BY PC 02/22/2022 January 25, 2022 Mendota Heights Planning Commission Meeting Page 4 of 9 BE THE APPROVED PLAN AND VEGETATION REPLACEMENT FOR THIS WETLANDS PERMIT/PLANNING CASE NO. 2021-23. 2. ANY GRADING AND/OR CONSTRUCTION ACTIVITY RELATED TO THE POND IMPROVEMENT WORK 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. 3. FULL EROSION/SEDIMENTATION MEASURES SHALL BE INSTALLED PRIOR TO COMMENCEMENT OF WORK AND MAINTAINED THROUGHOUT THE DURATION OF THE CONSTRUCTION PROJECT. EROSION BARRIERS SHALL BE PLACED ALONG THE OUTER EDGES OF THE POND SITE AND POND EDGE AND REMAIN IN PLACE THROUGHOUT THE DURATION OF THE PROJECT AND THE SURROUNDING LANDS HAVE BEEN PROPERLY RESTORED. 4. ANY NEW SITE CONSTRUCTION OR REMOVAL SHALL OCCUR ONLY BETWEEN THE HOURS OF 7:00 A.M. AND 8:00 P.M. WEEKDAYS; AND 9:00 A.M. TO 5:00 P.M. ON WEEKENDS. AYES: 7 NAYS: 0 Chair Field advised the City Council would consider this application at its February 2, 2022 or February 15, 2022 meeting. B) PLANNING CASE 2022-01 ELLE MASON, 693 MULBERRY LANE – VARIANCE Community Development Director Tim Benetti explained that Elle Mason, owner, and resident of 693 Mulberry Lane, is requesting a Variance to City Code Section 12-1D-3.C.1.a, which regulates the number of accessory structures permitted in a residential district. Ms. Mason is seeking an allowance to keep a newly constructed 20’ x 24’ (480 sq. ft.) attached garage with an existing 720 sq. ft. detached garage in the R-1 One Family Residential District. Hearing notices were published and mailed to all properties within 350-ft. of the site; the applicant provided a list of adjacent homeowners who support his variance request, and no other comments or objections were received. Community Development Director Tim Benetti provided a planning staff report and a presentation on this planning item to the Commission (which is available for viewing through the City’s website). Staff recommended approval of this application based on the findings and with conditions. Commissioner Katz asked if the variance were approved and the detached garage were to remain, would that variance carry forward to the next homeowner. APPROVED BY PC 02/22/2022 January 25, 2022 Mendota Heights Planning Commission Meeting Page 5 of 9 Community Development Director Tim Benetti confirmed that if approved, the variance would run with the property. He stated that in the future, if the garage were removed, the right to have the detached garage would be removed as well. He noted that repairs to siding or the roof would be allowed but if the structure were damaged and needed to be rebuilt, a new variance would need to be requested. Commissioner Katz asked if the driveway to the detached garage would be under the variance as well. Community Development Director Tim Benetti explained that the existing driveway is an existing nonconforming attribute to the garage. He stated that staff will speak with the property owner to work with the neighbor, as the driveway does appear to encroach on the property line. He noted that is a civil matter that will need to be worked out between the property owners and reviewed some possible solutions the property owners could agree to. He clarified that the driveway is not part of this request as it has existed for over 30 years. Chair Field commented that it is a private land use manner that is not within the purview of the Commission. Commissioner Corbett asked if this size of accessory structure would require a ten-foot setback. Community Development Director Tim Benetti commented that a ten-foot setback or half the height of the home would be required for the garage side setback. He commented that currently the detached garage is about five feet from the side and back property lines. Commissioner Corbett commented that the structure would be nonconforming based on recent updates to the City Code. He asked if variances for the setbacks would also be required. Community Development Director Tim Benetti replied that would not be necessary. Commissioner Petschel clarified that the variance request is for the attached garage currently under construction as the detached garage was already existing. Commissioner Johnson stated that if the variance is approved, the setback would become part of the nonconforming status of the existing garage. Chair Field commented that if the attached garage were converted to living space, there would be no discussion on this matter. He stated that the detached garage is already legal nonconforming. Community Development Director Tim Benetti commented that if a legal nonconforming structure is damaged more than 50 percent and reconstructed, it would need to be built to meet the current standards. Commissioner Lorberbaum asked if the detached garage could not be called an accessory structure because of the size. She asked if a Conditional Use Permit could be issued calling the detached garage an accessory structure if the garage door were replaced with a regular door. APPROVED BY PC 02/22/2022 January 25, 2022 Mendota Heights Planning Commission Meeting Page 6 of 9 Community Development Director Tim Benetti commented that the detached garage is considered an accessory structure. He provided additional details on the lot size thresholds for an accessory structure of this size. Commissioner Lorberbaum commented that the detached garage is being used for storage and asked if it would be legal to require the detached garage to be removed within a set time period once the home and attached garage are completed. Community Development Director Tim Benetti stated that when conditions are placed on an application, especially a variance, they have to be proportional. He did not recommend a sunset or temporary allowance. He stated that the applicant would like to keep the detached garage and attached garage. He stated that the Commission should provide a recommendation on that request. Commissioner Lorberbaum stated that it is her understanding that the detached garage space is needed at this time but may not be needed once construction is completed. Community Development Director Tim Benetti commented that the applicant would like to keep both structures. He stated that the detached garage is in good shape, and he did not see a reason it should be removed and would like to provide the applicant the ability to keep that structure. Chair Field opened the public hearing. Elle Mason, applicant, stated that she would like to have a functional garage to use during the winter. She stated that she purchased the home four years ago without realizing the steepness of the driveway and commented that as they become older, it is getting harder to snow blow the steep driveway to the detached garage. She stated that they trusted an honest looking young man to assist in their remodel but in the end that contractor did not pull a permit or has the required inspections completed. She commented that she currently has a lawsuit with the contractor who has also been sued three times recently and is also under investigation by the State. She commented on the difficulties of stopping construction at this time of year. She provided details on the additional expense that this lawsuit has caused them along with the practical difficulties in their home. She stated that she is having trouble finding a licensed contractor that would like to take on this job to complete. She commented that she loves her neighborhood and her neighbors, and they have all been supportive. She stated that if she would have known the requirement for a variance, she may have chosen a different option such as moving to a new home. She thanked the Commission for its consideration. Chair Field expressed sympathy for what the applicant is going through. Commissioner Johnson asked if there is anything that could have helped the applicant in terms of communication or knowing what would have been required. Ms. Mason stated that perhaps written communication that could be shared with the neighbors would be helpful. She stated that if this story could be shared it could perhaps prevent others from APPROVED BY PC 02/22/2022 January 25, 2022 Mendota Heights Planning Commission Meeting Page 7 of 9 getting into the same situation. She noted that she was not aware of the resources available to check the validity of a contractor’s license. Gerald Rigdon commented that he is Ms. Mason’s partner and has been with her for the past seven years. He commented that the contractor had a great website with great testimonials and came to their house with other contractors that had experience working with the contractor, therefore they had trust and faith that he would do the job. He stated that they became suspicious when the contractor stated that inspections would be done through Zoom and that is when they reached out to City staff to determine that permits have not been pulled. He stated that they have been living in the basement since October and do not have a functioning kitchen. He asked for the variance based on the context of the situation. He stated that if they would have known in advance that this was not allowed, they would have chosen a different option. He commented that they believed the proper approvals were gained through permitting. Chair Field asked if the detached garage is a component of their long-term plan. Mr. Rigdon commented that they store pool supplies and outdoor furniture in the detached garage. He noted that the slope prevents them from using the garage for vehicles during the winter months. Seeing no one further coming forward wishing to speak, Chair Field asked for a motion to close the public hearing. COMMISSIONER PETSCHEL MOVED, SECONDED BY COMMISSIONER JOHNSON, TO CLOSE THE PUBLIC HEARING. AYES: 7 NAYS: 0 Community Development Director Tim Benetti stated that this is a rare occasion, and he feels bad for the property owners. He stated that 99.9 percent of the time all contractors pulling permits are licensed through the State and understand if they mess that up, they cannot do work anymore. He stated that this contractor did the work without a permit and now has legal action pending. He stated that this is a case where work began, and staff had to stop the work to determine what could be done to help the homeowner. Chair Field asked if there is any legitimate way the application could be stalled until the work is done. He commented that in the past there have been instances where the Commission recommended denial and then let the case go the Council for the Council to make the exception. Community Development Director Tim Benetti commented that a stop work order has been issued, therefore no work can be done until this issue is resolved. He stated that granting the variance would issue the release of the permit that is ready to go. He believed the applicant has a contractor that is ready to fix and complete the work needed for the home once the permit is issued. COMMISSIONER CORBETT MOVED, SECONDED BY COMMISSIONER PETSCHEL, TO RECOMMEND APPROVAL OF THE VARIANCE FOR PLANNING CASE 2022-01 BASED APPROVED BY PC 02/22/2022 January 25, 2022 Mendota Heights Planning Commission Meeting Page 8 of 9 ON THE PRACTICAL DIFFICULTY THAT THE PHYSICAL PROPERTIES OF THE LAND MAKE THE DETACHED GARAGE UNUSABLE. FURTHER DISCUSSION: COMMISSIONER PETSCHEL COMMENTED THAT THIS WOULD BE NO DIFFERENT THAN IF THE PREVIOUS BUILDER OR OWNER DID WORK THAT WAS NONCONFORMING. HE STATED THAT THE APPLICANTS ARE ON A RIDE THEY DID NOT CHOOSE TO GET ON, WHICH IS SIMILAR TO PEOPLE THAT PURCHASE A HOME AND ARE UNAWARE OF THE RULES THAT CONSTRICT THE PROPERTY. HE STATED THAT THE PROPERTY OWNERS CONTACTED THE CITY TO ASK IF THERE WAS A VALID PERMIT AND DID NOT WAIT FOR THE CITY TO CONTACT THEM, WHICH SHOWS THAT THEY ARE CONCERNED WITH CONFORMING TO CITY CODE. COMMISSIONER JOHNSON STATED THAT SHE AGREES THAT THIS IS UNIQUE TO THE PROPERTY AND NOT CREATED BY THE PROPERTY OWNER. SHE AGREED WITH THE UN-USABILITY OF THE GARAGE AND THAT IT CAUSES AN ISSUE. SHE STATED THAT SHE DOES HAVE CONCERN WITH THE FIVE-FOOT SETBACK AND IMPERVIOUS SURFACE BUT REALIZED THAT IS NOT PART OF THE DISCUSSION. COMMISSIO NER LORBERBAUM AGREED THAT THERE IS A PRACTICAL DIFFICULTY RELATED TO THE SLOPE OF THE PROPERTY THAT IS NOT OF THE MAKING OF THE PROPERTY OWNERS. SHE ALSO AGREED THAT THIS WOULD NOT ALTER THE CHARACTER OF THE NEIGHBORHOOD. AYES: 6 NAYS: 1 (Katz) Chair Field advised the City Council would consider this application at its February 2, 2021 or February 15, 2021 meeting. New/Unfinished Business Community Development Director Tim Benetti provided an update on recent City Council actions related to recommendations from the Planning Commission. He commented that elections for Chair and Vice Chair will occur at the Commission’s March meetings. He stated that the City will be returning to virtual meeting attendance the following week. Commissioner Corbett asked how action could be taken in order to spreading communication to residents to verify the credentials of licenses for contractors. Community Development Director Tim Benetti stated that staff is working to put together information that could be placed on the website and City newsletter. He stated that a contractor can still be licensed by the State and not act correctly. He noted that the authority falls with the State to ensure that the contractor does not do this to another homeowner. APPROVED BY PC 02/22/2022 January 25, 2022 Mendota Heights Planning Commission Meeting Page 9 of 9 Commissioner Johnson supported the idea of reinvigorating a welcome packet to new residents and existing residents. Adjournment COMMISSIONER CORBETT MOVED, SECONDED BY COMMISSIONER PETSCHEL, TO ADJOURN THE MEETING AT 8:11 P.M. AYES: 7 NAYS: 0