2013-06-25 Planning Comm Agenda PacketCITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
PLANNING COMMISSION
Regular Agenda
Tuesday, June 25, 2013 - 7:00 P.M.
1. Call to Order
2. Roll Call
3. Approval of the Agenda
4. Approval of the May 28, 2013 Planning Commission Minutes
5. Hearings:
a. Case No. 2013 -08: Rebekah Villafuerte of 713 Marie Avenue: Conditional Use
Permit for fence installation. Public Hearing 7:00 p.m.
b. Case No. 2013 -09: Sean Hoffman (Wieland, Inc) for British Petroleum Fuel
Station at 2030 Dodd Road: Setback Variance for fuel station canopy expansion.
Public Hearing 7:00 p.m.
c. Case No. 2013 -10: Curt Hopman of 1807 Walsh Lane: Conditional Use Permit
for fence installation. 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.
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
PLANNING COMMIS SON MINUTES
May 28, 2013
p9 2
4
The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, August
28, 2012, in the Council Chambers at City Hall, 1101 Victoria Curve at 7:00 P.M.
The following Commissioners were present: Chair Litton Field, Jr.; Commissioners Howard
Roston, Doug Hennes, Robin Hennesey, Mary Magnuson, and Ansis Viksnins. Those absent:
Michael Noonan. Those present were Assistant to the City Administrator Jake Sedlacek, Public
Works Director /City Engineer John Mazzitello, and NAC Planner Stephen Grittman.
Approval of Agenda
The agenda was approved as submitted.
Approval of April 23, 2013 Minutes
Commissioner Viksnins noted a couple of corrections to the minutes of the April 23, 2013
Planning Commission Meeting.
COMMISSIONER VIKSNINS MOVED, SECONDED BY COMMISSIONER MAGNUSON,
TO APPROVE THE MINUTES OF APRIL 23, 2013, AS CORRECTED.
AYES: 6
NAYS: 0
ABSENT: 1 (Noonan)
Hearings
PLANNING CASE #2013 -06
City of Mendota Heights
Ordinance amending city code regarding signs
Planner Stephen Grittman explained that this is a proposed zoning ordinance amendment with a
series of potential changes to current sign regulations. Planner Grittman reviewed the proposed
changes to the ordinance. Staff recommended approval of the amendment as submitted.
Commissioners asked questions regarding flag signs, electronic displays, number of times a sign
can be changed in one day, size, non - compliance fees and holiday displays. Two minor language
changes to the amendment were considered.
Chair Field opened the public hearing.
pg 3
Seeing no one coming forward wishing to speak, Chair Field asked for a motion to close the
public hearing.
COMMISSIONER HENNES MOVED, SECONDED BY COMMISSIONER ROSTON, TO
CLOSE THE PUBLIC HEARING.
AYES: 6
NAYS: 0
ABSENT: 1 (Noonan)
COMMISSIONER HENNES MOVED, SECONDED BY COMMISSIONER ROSTON, TO
APPROVE THE PROPOSED AMENDMENT TO THE ZONING ORDINANCE, AS
DISCUSSED BY THE COMMISSION, BASED ON A FINDING THAT THE CHANGES
BEST FURTHER THE INTERESTS OF THE CITY IN PROTECTING THE PUBLIC
HEALTH, SAFETY, AND GENERAL WELFARE.
AYES: 6
NAYS: 0
ABSENT: 1 (Noonan)
Chair Field advised the City Council would consider this recommendation at its June 4, 2013
meeting.
PLANNING CASE #2013 -07
City of Mendota Heights
Ordinance amending city code regarding garages and accessory structures in residential zoning
districts
Planner Stephen Grittman explained that this is a proposed zoning ordinance amendment with a
series of potential changes to the city code pertaining to garages and accessory structures in
residential zoning districts. The amendment would create a new standard for the number of
garage doors, and would amend language on the total area and number of garages /accessory
structures allowed. Planner Grittman reviewed the proposed changes to the ordinance. Staff
recommended approval of the amendment.
Commissioners sought clarification on the maximum size for an attached garage under the new
code, which is capped at 1,500 square feet. The commissioner also inquired about basing the
garage size on the finished square footage of the principle structure. Planner Grittman noted that
the idea had merit, but would be difficult to implement. The definition of Private Garage was
also reviewed.
Chair Field opened the public hearing.
Seeing no one coming forward wishing to speak, Chair Field asked for a motion to close the
public hearing.
pg 4
COMMISSIONER VIKSNINS MOVED, SECONDED BY COMMISSIONER HENNES, TO
CLOSE THE PUBLIC HEARING.
AYES: 6
NAYS: 0
ABSENT: 1 (Noonan)
COMMISSIONER ROSTON MOVED, SECONDED BY COMMISSIONER MAGNUSON,
TO APPROVE THE PROPOSED AMENDMENT AS PRESENTED, INCORPORATING A
FINDING THAT THE REGULATIONS WOULD CONTINUE TO PROTECT THE
RESIDENTIAL CHARACTER OF THE CITY'S NEIGHBORHOODS, AND PROVIDE
BETTER OPPORTUNITIES TO ENCLOSE AUTOMOBILES AND OTHER PERSONAL
PROPERTY TO AVOID OUTDOOR STORAGE.
AYES: 6
NAYS: 0
ABSENT: 1 (Noonan)
Chair Field advised the City Council would consider this recommendation at its June 4, 2013
meeting.
Verbal Review
Mr. Sedlacek gave the following verbal review:
PLANNING CASE 2013 -04 Ed Getz Conditional Use Permit
• Approved by the City Council as recommended by the Planning Commission.
COMMISSIONER MAGNUSON MOVED, SECONDED BY COMMISSIONER ROSTON,
TO ADJOURN THE MEETING AT 7:40 P.M.
AYES: 6
NAYS: 0
ABSENT: 1 (Noonan)
NORTHWEST ASSOCIATED CONSULTANTS,
pg 5
5a.
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: Stephen Grittman
DATE: June 20, 2013
MEETING DATE: June 25, 2013
SUBJECT: Fence CUP
CASE NO: City Case # 13 - 08; NAC Case # 254.04 - 13.09
APPLICANT(S): Rebekah Villafuerte
LOCATION: 713 Marie Avenue West
ZONING: R-1, Single Family Residential
GUIDE PLAN: Low Density Residential
Background and Description of Request:
The applicant is seeking approval of a conditional use permit to place a six foot high
fence in a required yard adjacent to a public right-of-way (Dodd Road). The Zoning
Ordinance states that fences in such required yards cannot exceed 36" in height without
the granting of a conditional use permit. The applicant's property is a "corner lot" and is
accessed from the south via Marie Avenue West.
The applicant wishes to enclose the rear yard of her home with a wooden, shadowbox
panel type fence. The fence segment in question (prompting the conditional use permit)
would be erected on the east side of the home along Dodd Road and extend from the
front building line of the home to the north rear property line.
Analysis:
As noted, the applicant is proposing to fence the rear yard of her property. Because the
fence segment along the east property line lies within 30 feet of a public right-of-way
(Dodd Road) and exceeds 36" in height, the processing of a conditional use permit is
required. At its closest point, a fence setback of 15 feet from the Dodd Road right-of-
way line is proposed.
pg 6
According to the applicant, a fence six feet in height is desired to provide privacy for her
and her young children. The applicant does not believe that a fence 36" inches in
height (as allowed without a CUP) would provide adequate privacy.
Gates to the fenced rear yard are proposed from the east (along Dodd Road) and on
the west side of the residence (facing south). The gate locations do not obstruct access
to the home's driveway and are considered acceptable.
According to the Ordinance, no fences, structures, manmade berms, or plantings may
exceed thirty 36 inches in height above the center grade of the intersection within any
front or side yard area on a corner lot which may interfere with the visibility across the
corner. The proposed fence will not impact visibility at the Dodd Road/Marie Avenue
West intersection.
To be noted is that an approximate 80 foot section of the fence along the north rear lot
line will abut an existing chain link fence. While not specific to the CUP, this is noted as
maintenance of the outward facing side of the proposed fence could be problematic.
The applicant should recognize that future staining (or re-staining) may need to be
accomplished by removing and re-installing the abutting fence segment. The proposed
fence is however, to be constructed of treated lumber and therefore is not expected to
be subject to rot.
Action Requested:
Following a public hearing, the Planning Commission may consider one of the following
recommendations:
1. Approval of the conditional use permit for fence construction greater than 36"
in a required yard adjacent to a right-of-way as proposed by the applicant,
based on the findings attached to this report.
2. Denial of the conditional use permit based on a finding that the proposed
fence will have a negative impact on the neighboring properties.
Staff Recommendation:
Planning staff recommends approval of the conditional use permit.
Supplementary Materials:
1. Site Location Map
2. Application Materials Dated 5/23/13
3. Draft Findings of Fact for Approval
2
pg 7
Draft Findings of Fact for Approval
Villafuerte Conditional Use Permit
713 Marie Avenue West
The following Findings of Fact are made in support of approval of the above Permit:
1. The proposed project will not impact traffic visibility at the Dodd Road/Marie
Avenue West intersection.
2. The proposed fence type and height are consistent with Ordinance
requirements.
3. The fence is compatible with the established character in the area and will not
negatively impact any neighboring properties.
3
pg 8
1101 Victoria Curve I Mendota Heights, MN 55118
651.4511850 phone I 651.452.8940 fax
www.mendota-heights.com
CITY OF
(MENDOTA HEIGHTS
APPLICATION FOR CONSIDERATION
OF PLANNING REQUEST
Case No. 2_01 -
Date of Application 6 /2.20
Fee Paid sso
Staff Initials
Street Location of Property in Question: I-I 3 AARizte: AVE W) MS\1130-ra
Applicant Name: figEV-A-irk LA-Pre-OelZTE PH: (ogl • 230 1(408
E-Mail Address: (vu' pasoLioe rr-Ictiri con-)
Address: q-13 MfliE tdO me-NoorrA. fiel &His AANt as 1 8
Property Owner Name: 1-114-e.:0(Z and l'UVH-g_NI WELKE
Property Owner Address: Ii4.5 1 1-1-k ST MA) PEN octc, S6?-41
Legal Description & PIN of Property: (Complete Legal from Title or Deed must be provided)
Type of Request:
Rezoning
it Conditional Use Permit
Conditional Use Permit for P.U.D.
Preliminary/Final Plat Approval
Comprehensive Plan Amendment
Variance
Subdivision Approval
Wetlands Permit
Critical Area Permit
Other:
Applicable City Ordinance Number
F'1"esent Zoning of Property _ Present Use
Section
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 inspect the above property during daylight hours.
Signatur- of Applican
Signature o
,9■0
ate
n
}.4:Sign tur- if Owner (if more than one Date
3/-3
°1
,Jake Sedlacek
pg 9
Fromm MehposoBelka xnxahpoyabe|la77@gnnaiicom>
Sent: Friday, May 24, 2013 10:15 PM
To: Jake Sedlacek
Subject: Conditional use permit application
Jake,
Here is the statement explaining my need for a conditional use permit.
1 am requesting to build a 6' shadow box fence within 30' of the property line because a 36" fence does not sult my need
for privacy. A 6' fence provides sufficient privacy for myself, and my young children.
Thank you for your consideration,
Rebekah C. M. Villafu rte
713 Marie Ave W
Mendota Hei hts MN 55118
65-230-1408
Sent from my super hip iPhone 5
713 Marie Avenue
fro eu. >CCI
May 13, 2013
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My List Details
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Tool & Truck Rental 1 Get It Installed 1 For the Pros 1 Gift Cards 1 Help
Your Store: Inver Grove Heights #2843 (change) Store Finder 1 Local Ad Credit Center Savings Center
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4 x 4 x 8 #2 Pine Pressure - Treated
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https: / /secure2 .homedepot.com/webapp /wcs/ stores/ servletllnterestItemDetailsDisplayV iew ?... 3/1/2013
pg 13
CITY OF MENDOTA HEIGHTS
NOTICE OF HEARING
A PUBLIC HEARING ON A REQUEST FOR A CONDITIONAL USE PERMIT FOR A
FENCE
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, June 25, 2013 in the
City Hall Council Chambers, 1101 Victoria Curve, Mendota Heights, Minnesota, to
consider an application from Rebekah Villafuerte, for a conditional use permit for a
fence at 713 Marie Avenue. This request has been assigned Planning Case number
2013-08.
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 request will be heard
at this meeting.
Lorri Smith
City Clerk
pg 14
Dakota County, MN
277150001020
720 MARIE AVE
BRUCE W MCMANUS
.277110002170
721.ROUND. HILL RD.
CHRISTOPHER.B OWENS
277110001050
713 MARIE AVE
HAROLD W JR & MARY E MIELKE
277110001130
720 ROUND HILL RD
JAY & BARBARA PFAENDER
278430000240
1818 DODD RD
JEFFREY P ZACHMAN
270250025010
CITY OF MENDOTA HEIGHTS
278430000020
CITY OF MENDOTA HEIGHTS
277110001110
716 ROUND HILL RD
JOHN J GRIFFIN
277110001070
1771 DODD RD
JOLENE M GUST
272880001010
710 MARIE AVE
CYNTHIA) NIPP
270380048010
1769 DODD RD
DAWN E DANYLCZENKO
277110001140
722 ROUND HILL RD
DONALD V & MARY V MEYER
270380049010. •
1770:DODD RD.
FREDERIC:3 & •BEVERLY• PETERSON
JOSHUA B & PATRICE M BRICK
277110001060
1781 DODD RD
LOUIS E & NANCY STROBEL
277110001120
718 ROUND HILL RD
MARJORIE TSTE BLEVINS
277110001030
721 MARIE AVE
MARK M & KATHLEEN C MILLER
278430000010 277110001040
i1' 1780 DODD RD ' a9i 717 MARIE AVE
GERALD S DEEB NEAL T NIEMIEC
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a Map Scale
legal document and should not be substituted for a title search,appraisal, survey, or for zoning 1 inch = 403 feet
verification. Dakota County assumes no legal responsibility for the information contained in this data. 6/4/2013
pg 15
Jake Sedlacek
From: Lorri Smith
Sent: Wednesday, June 12, 2013 8:17 AM
To: Jake Sedlacek
Subject: FW: Conditional Use Permit for fence at 713 Marie Ave
Jake,
Below is an email for the Planning Commission.
Lorri Smith, City Clerk
City of Mendota Heigh
1101 Victoria Curve
Mendota Heights, MN 55118
652.2I5.1198
From: Connie Roahrich[maUto:cnzeh net]
Sent: Tuesday, June 11, 2013 4:44 PM
To: Lorri Smith; Stac L. Kaiser
Subject: Conditional Use Permit for fence at 713 Marie Ave
Dear Planning Board Members,
We received the notice of the hearing on June 25th regarding the conditional use permit for a fence at 713
Marie Ave. We would like to offer the following comments:
The home at 713 Marie Ave has numerous maintenance issues that have never been fixed over a 3-4 year time
period. As an example, today Tues. June llth, it appears that the grass has not been mowed for two
weeks, 1/4 to 1/3 of the front of the yard is no longer grass but large areas of clover and the remains of
dandelions, the side yard bordering on Dodd Rd has grass that is a foot high. This yard has been in this
condition for the past 3-4 summers.
The garage door has many area's where the paint has come off, the garage door has been in this condition for
3-4 years.
There is no indication the home owner has made any attempt to fix any of these issues in the past 3-4 years.
Our conclusion, if a fence is built, it will not be taken care of ie: weeds/tall grass will grow on the outside ofthe
fence and not be mowed, if the fence is damaged there will be no repairs to the fence.
Sincerely,
Connie Roehrich
Bruce McManus
720 Marie Ave
1
NORTHWEST ASSOCIATED CONSULTANTS,
pg 16
5b.
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: Stephen Grittman
DATE: June 20, 2013
MEETING DATE: June 25, 2013
SUBJECT: Variance for motor fuel station (BP) setbacks
CASE NO: City Case # 13 - 09; NAC Case # 254.04 - 13.10
APPLICANT(S): Sean Hoffman (Wieland Inc.) for BP Fuel Station
LOCATION: 2030 Dodd Road
ZONING: B-2, Neighborhood Business
GUIDE PLAN: MU-PUD, Mixed Use Planned Unit Development
Background and Description of Request:
Sean Hoffman, on behalf of Wieland Inc., has submitted plans calling for improvements
to the BP motor fuel station located south of Mendota Road West (Highway 110) and
east of Dodd Road.
Specifically, the applicant wishes to replace the existing fuel pump canopy with a larger
canopy (to better protect existing fuel pumps). The canopy is proposed to be expanded
from 26 to 36 feet in width.
In addition, the applicant wishes to expand the station's off-street parking area on the
north side of the building to provide greater maneuvering space for gas and service
customers.
pg 17
To accommodate these improvements, approval of the following is necessary:
® A variance to allow an overhead canopy less than 20 feet from a street right-of-
way (15 foot setback proposed).
• A variance to allow surface parking within 20 feet of an exterior property line (5
foot setback proposed).
Motor fuel stations are listed as conditional uses in B-2 zoning districts. In this regard,
approval of the requested variances would technically constitute an amended or new
conditional use permit applied to the property.
Analysis:
Existing Conditions. As noted, the applicant is requesting setback variances for a new
overhead pump canopy and expanded parking area. The minimum setback
requirement for each is 20 feet. A canopy setback of 15 feet has been proposed while a
parking setback (from the north lot line) of 5 feet is planned.
The site's existing fuel pump canopy currently has a setback of 15 feet from the Dodd
Road right-of-way while the existing parking area is setback at 5 feet from the north
property line. In this regard, the present setbacks are considered legally non-
conforming. Both the proposed canopy and parking area setbacks match existing
setback conditions, but expand the area covered by each use. Thus, the applicant does
not which wish to increase the existing degree of setback non-conformity.
Applicant Narrative. As part of application, the applicant has completed a questionnaire
related to the requested variances. In this regard, the applicant has suggested that the
variances should be approved for the following reasons:
Canopy Setback Variance:
1. The existing canopy does not adequately protect station customers.
2. The expanded canopy will provide greater customer protection from sun and
inclement weather.
3. The expanded canopy will include/provide improved lighting.
Parking Setback Variance:
1. The existing parking lot does not provide adequate space for customer
maneuvering.
2. The expanded parking area will provide improved maneuvering space for station
customers.
2
pg 18
Evaluation Criteria. Variances are reviewed as to their ability to show unique property
attributes that differentiate the property from similarly situated parcels in a way that
suggests a departure from the standards would be a reasonable use of the property.
When considering variances, the City is required to find that:
1. The applicant is proposing to use the property in a reasonable manner; and
2. The applicant's proposal faces practical difficulties in using the property in this
manner due to circumstances that:
a. Are unique to the property,
b. Are not caused by the applicant,
c. Are consistent with the purpose and intent of the City's plans and
ordinances,
d. Are not out of character with the locality, or neighborhood, in which the
property is located.
In consideration of the preceding variance evaluation criteria, the following would
appear to justify approval of the applicant's request:
Uniqueness to Property. The subject property is unique is that the motor fuel
station use was established prior to the establishment of the minimum one acre lot
area requirement currently applied to such uses.
The City's current minimum lot area requirement (for motor fuel stations) takes into
account the land needed for expanded (20 foot) perimeter setback requirements
for canopies and parking areas. The subject site measures only 14,800 square
feet in size and lacks land area to devote to the required 20 foot setbacks. In this
regard, the subject site is considered undersized.
The applicant does not wish to increase the existing degree of setback non-
conformities upon the property.
Intent of City Ordinances. The intent of the 20 foot canopy and parking area
setbacks is to protect surrounding properties from potential adverse impacts.
Considering that the site is bordered by commercial uses on the north, south and
east and the Mendakota Country Club on the west, approval of the setback
variances is not expected to impose any adverse impacts upon surrounding
properties.
In this particular instance, it appears that the Zoning Ordinance has imposed a
"practical difficulty" upon the applicant.
It is the opinion of City Staff that the spirit and intent of the Zoning Ordinance has
been satisfied as no negative visual or functional impacts are expected to be
3
pg 19
imposed upon neighboring properties as a result of the canopy are parking area
setbacks.
Action Requested:
Following the public hearing, the Planning Commission may make one of the following
recommendations:
A. Canopy Setback Variance (15 feet setback proposed)
1. Approval of the variance, subject to conditions, based on the findings
attached to this report.
2. Denial of the variance based on a finding that the applicant can make
reasonable use of the property without the requested setback variance.
B. Parking Area Setback Variance (5 foot setback proposed)
3. Approval of the variance, subject to conditions, based on the findings
attached to this report.
4. Denial of the variance based on a finding that the applicant can make
reasonable use of the property without the requested setback variance.
Staff Recommendation:
The existing motor fuel station was established prior City's minimum one acre lot size
requirement for such uses. At only 14,800 square feet in size, the subject site lacks the
land area to apply the required 20 foot canopy and parking area setbacks.
Planning Staff is supportive of the variance requests as the applicant is proposing to
use the property in a reasonable manner which is consistent with the spirit and intent of
the Zoning Ordinance (the proposal will not negatively impact adjacent properties). At a
result, Staff recommends the following.
A. Approval of the canopy setback variance subject to the following conditions:
1. Approval of the setback variance is documented as part of an amended or
new conditional use permit applied to the subject property.
2. The new canopy shall not exceed 20 feet in height.
4
pg 20
3. Signage affixed to the new canopy shall conform to applicable
requirements of the Ordinance.
4. New canopy lighting shall concentrate light upon the premises so as to
prevent any glare or rays of light being directly visible upon adjacent
streets and properties. Site lighting shall not exceed more than 0.2 foot-
candles as measured at the property line.
B. Approval of the parking setback variance subject to the following conditions:
1. Approval of the setback variance is documented as part of an amended or
new conditional use permit applied to the subject property.
2. The site plan shall be modified to illustrate parking stalls and drive aisles
within the expanded off-street parking area.
3. All new and/or modified stalls and drive aisles shall meet the minimum
dimensional requirements of the Ordinance.
Supplementary Materials:
Application materials dated 5/29/13
5
pg 21
Findings of Fact for Approval
• Variance to allow a canopy setback less than 20 feet
(15 foot setback proposed)
2030 Dodd Road
The following Findings of Fact are made in support of approval of the above variance:
1. The existing degree of canopy setback nonconformity will not be increased.
2. Other than setback requirements, all canopy—related requirements of the
Ordinance (i.e. lighting, signage and height) will be satisfied.
3. The provisions of the Zoning Ordinance have imposed a practical difficulty upon
the applicant which prevents use of the property in a reasonable manner
4. The practical difficulties resulting from the provisions of the Ordinance are unique
to the subject property.
6
pg 22
Findings of Fact for Approval
Variance to allow parking area setback less than 20 feet
(5 foot setback proposed)
2030 Dodd Road
The following Findings of Fact are made in support of approval of the above variance:
1. The existing degree of parking setback nonconformity will not be increased
2. Other than parking setback requirements, all parking—related requirements of the
Ordinance will be satisfied.
3. The provisions of the Zoning Ordinance have imposed a practical difficulty upon
the applicant which prevents use of the property in a reasonable manner
4. The practical difficulties resulting from the provisions of the Ordinance are unique
to the subject property.
7
pg 23
1101 Victoria Curve I Mendota Heights, MN 55118
651.452.1850 phone I 651.452.8940 fax
vvvmmendota-heights.com
CITY OF
MENDOTA HEIGHTS
APPLICATION FOR CONSIDERATION
OF PLANNING REQUEST
Case No. 10 VID - cP
Date of Application G129 S
Street Location of Property in Question:
Applicant Name:
E-Mail Address: Rc 4--1L(1
A/cal 14
Fee Paid 4■50 ekeletS2,
Staff Initials CX1c
/1/16,4A,
PH: (.`0
Address: ° Cc)Cte,`V Urrk y'ttl 1'Z
Property Owner Name: r.-42 !co',
Property Owner Address: -41t• t`f
Legal Description & PIN of Property: (Complete Legal from Title or Deed must be provided)
11-40,cit-e
Type of Request:
Rezoning
Conditional Use Permit
Conditional Use Permit for P.U.D.
Preliminary/Final Plat Approval
Comprehensive Plan Amendment
V Variance
Subdivision Approval
Wetlands Permit
Critical Area Permit
Other:
Applicable City Ordinance Number Section
Present Zoning of Property « 2 Present Use
Proposed Zoning of Property 110--2- 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 inspect th9 above property during daylight hours.
Date
Z-(2_,/ 13
tu e of Owner (if more than one) Date
pg 24
April 29, 2013
City Of Mendota Heights
1101 Victoria Curve
Mendota Heights, MN 55118
To Whom It May Concern:
Wieland Inc.
2030 Dodd Rd
St. Paul, MN 55120
(651) 454 -5622
Fax (651) 454 -6230
We are looking into replacing our existing dispenser canopy with a new one that is more
up to date. Our current canopy does not fully cover the dispensers or the customers
pumping fuel.
The new canopy will be approximately 5 feet wider on both the north & south sides. We
are asking for a variance, however, the new canopy will not be any closer to the closest
property line (West) than the existing canopy.
We are also asking for a variance for an expansion of the north side of our parking lot by
approximately 5 feet. The current parking lot is very difficult to maneuver within. During
the winter months snow banks make it even more difficult. The new parking lot
expansion would not be adjacent to any existing structures.
Enclosed are a couple diagrams of the current canopy /lot & what we propose to do.
I look forward to your prompt response.
Sean Hoffmann
Manager
pg 25
City of Mendota Heights
Variance Checklist /Questionnaire
Page 2
Please answer the following questions as they relate to your request for a variance. You may fill in
this fot_in or create your own:
1. In your opinion, is the variance consistent with the current land use in the neighborhood?
Yes (j,) No ( ) Why or why not? %�
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2. In your opinion, does the proposal put property to use in a reasonable manner?
Yes (L) No ( ) Why or why not? ( �j
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3. Please describe the circumstances unique to the property (not created by you).
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4. In your opinion, will the variance, if granted, fit with the character of the neighborhood?
Yes (99 No ( ) Why or why not?
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The planning commission must make an affirmative finding on all of the five criteria listed above in
order to grant a variance. The applicant for a variance has the burden of proof to show that all of the
criteria listed above have been satisfied.
Variance Checklist (modified 10/2012)
pg 26
2030 Dodd Road
May 13, 2013
0
40
-• 111011111111111
1=11111111
SCALE IN FEET
City of
Mendota
Heights
Dakota County, MN
f
pg 27
270250050020
2030 DODD RD.
JEFF & DAWN WIELAND
274840001010
2020 DODD RD
MCDONALDS REAL ESTATE CO
274840101020
750 HWY110
MENDOTA MALL ASSOCIATES LLP
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a
legal document and should not be substituted for a title search,appraisal, survey, or for zoning
verification. Dakota County assumes no legal responsibility for the information contained in this data.
Map Scale
1 inch = 201 feet
6/4/2013
pg 28
CITY OF MENDOTA HEIGHTS
NOTICE OF HEARING
A PUBLIC HEARING ON A REQUEST FOR VARIANCES FOR AN EXANDED
AWNING AND PARKING AREA
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, June 25, 2013 in the
City Hall Council Chambers, 1101 Victoria Curve, Mendota Heights, Minnesota. The
planning commission will consider an application from Sean Hoffmann for variances to
the front yard setback and side yard setback, to expand the awning and parking area at
2030 Dodd Road. This request has been assigned Planning Case number 2013-09.
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 request will be heard
at this meeting.
Lorri Smith
City Clerk
NORTHWEST ASSOCIATED CONSULTANTS,
pg 29
5c.
4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422
Telephone: 763.231.2556 Facsimile: 763.231.2561 planners@nacplanning.com
MEMORANDUM
TO: Mendota Heights Planning Commission
FROM: Stephen Grittman
DATE: June 20, 2013
MEETING DATE: June 25, 2013
SUBJECT: Fence CUP
10,
CASE NO: City Case # 13 - 941; NAC Case # 254.04 - 13.09
APPLICANT(S): Curt Hopman
LOCATION: 1807 Walsh Lane
ZONING: R-1, Single Family Residential
GUIDE PLAN: Low Density Residential
Background and Description of Request:
The applicant is seeking approval of a conditional use permit to place a six foot high
fence in a required yard adjacent to a public right-of-way (Marie Avenue). The Zoning
Ordinance states that fences in such required yards cannot exceed 36" in height without
the granting of a conditional use permit. The applicant's property is a "corner lot" and is
accessed from the east from Walsh Lane, with Marie Avenue forming the northern
boundary of the property.
The applicant wishes to enclose the rear yard of the home with a wooden, alternating
board style fence. The fence in question (prompting the conditional use permit) would
be erected on the norht side of the home along Marie Avenue and extend from the front
building line of the home to the north rear property line.
Analysis:
As noted, the applicant is proposing to fence the rear yard of the property. The
proposed fence would extend from the rear corner of the home to within a foot or so of
the property line (the right of way line for Marie Avenue). The fence would parallel the
property line to the west, then turning south to connect with an existing fence along the
pg 30
south common boundary line, where it would join with a fence of similar construction
owned by the neighbor.
Gates to the fenced rear yard are proposed from the east (facing Walsh Lane) and on
the north side of the residence (facing Marie). The gate locations do not obstruct
access to the home's driveway and are considered acceptable.
According to the Ordinance, no fences, structures, manmade berms, or plantings may
exceed thirty 36 inches in height above the center grade of the intersection within any
front or side yard area on a corner lot which may interfere with the visibility across the
corner. The proposed fence will not impact visibility at the Walsh Lane/Marie Avenue
intersection.
Action Requested:
Following a public hearing, the Planning Commission may consider one of the following
recommendations:
1. Approval of the conditional use permit for fence construction greater than 36"
in a required yard adjacent to a right-of-way as proposed by the applicant,
based on the findings attached to this report.
2. Denial of the conditional use permit based on a finding that the proposed
fence will have a negative impact on the neighboring properties.
Staff Recommendation:
Planning staff recommends approval of the conditional use permit.
Supplementary Materials:
1. Application Materials Dated 6/11/13
2. Draft Findings of Fact for Approval
2
pg 31
Draft Findings of Fact for Approval
Hopman Conditional Use Permit
1807 Walsh Lane
The following Findings of Fact are made in support of approval of the above Permit:
1. The proposed project will not impact traffic visibility at the Walsh Lane/Marie
Avenue West intersection.
2. The proposed fence type and height are consistent with Ordinance
requirements.
3. The fence is compatible with the established character in the area and will not
negatively impact any neighboring properties.
3
MIVY-TRATTOILIMMInfAvmm-
-
CT' Cfl
MENDOTA
pg 32
APPLICATION FOR CONSIDERATION
OF PLANNING REQUEST
Case No. Iot$
Date of Application to • 1.k. VS 1011 Co.pLNOLUP
Street Location of Property in Question: ) 607 [Ail h._e_
Applicant Name: 4 r. PH: itga-L, 5 Z-50 5-=' 5-2-
E-Mail Address: C ertneo, fr,e5n-cc4: 1 cov't
Address:
datioxacco,311digac›-
Fee Paid 3
Staff Initials
Property Owner Name: 5-41
Property Owner Address:
Legal Description Description & PIN of Property: (Complete Legal from Title or Deed must be provided)
1-ok" 115_ i2t Cvrefzil ( .1,14100 ot o •
Type of Request:
Rezoning
X/ Conditional Use Permit
Conditional Use Permit for P.U.D.
Preliminary/Final Plat Approval
Comprehensive Ptan Amendment
Variance
Subdivision Approval
Wetlands Permit
Critical Area Permit
Other:
Applicable City Ordinance Number k7 Section i
Present Zoning of Property g- k Present Use SV
Proposed Zoning of Property g_k Proposed Use .f-, Ra4 .
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 iwect tie above property during daylight hours.
AO 13.
ignatuT e • IA eplicant
Signature of Owner
Date
Date
Signature of Owner (if more than one) Date
CUSTOMER CU% (± �C. h �
ADDRESS I 6107 Wc, S Zy-+-32--
CITY P4/1/ F 55- /1 t�
PHONE: (Hm) (Wk) 95-L. 2$o- 5-0 52._
Salesperson
FENCING DIAGRAM
pg 33
Hudson page no
Hudson grid no.
Intersecting St
APPLICATION FOR PERMIT
pg 34
City of
Mendota Heights
1101 Victoria Curve, Mendota Heights, Minnesota 55118 (651) 452-1850 (651) 452-8940
DIRECTIONS: APPLICANT MUST COMPLETE SPACES 1 THROUGH 13. (PLEASE
PRINT OR TYPE) RETURN ALL COPIES FOR PROCESSING
1. SITE ADDRESS ,
/g117 kfA.141 1_11 5s-itg
2. DATEOTAPPL)CATION
s - I 2.etr3
3. LEGAL DESCRIPTION
PLATNUMBER (P.I.D.)
4. OWNER (Name) (Address) (Tel. No.)
C. kir+ Ho pihap) _Cifil, 45 44,..-0.- ((,12.)1B.C.- i'Ll
5. ARCHITECT (Name) (Address) (Tel. No.)
( )
6.SZNTRACTOR
Alidiv-ec I- fey* (&S7) 2o3- 3-6 /3
Firm Name Tel. No. Including Area Code
6 14i/quip. kv?-
Firm Address State License Number
APR ( )
Contact Person (Please Print) Tel. No. Including Area Code
SUBCONTRACTORS
PLEASE COMPLETE AND ATTACH SUBCONTRACTORS LIST
7. TYPE OF WORK
0 NEW CONSTRUCTION
0 ADDITION
0 ALTERATIONS
0 ATTIC FINISH
MISC.
0 BASEMENT FINISH 0 FIREPLACE 0 REROOF
0 DECK 0 GARAGE 0 RESIDE
Fr,1C 0 PORCH 0 SWIMMING POOL
MISC.
"I k
IVO 0 d ril ir 4 67 Feel ce
8. ESTIMATED COST
'b2,5
9. PROPERTY
DIMENSIONS
10. NUMBER OF FAMILIES
(If Applicable)
11. NUMBER OF STORIES
12. SIZE OF STRUCTURE
(Height) (Width) (Depth)
13 COMPLETE DATE
if
CITY OFFICE USE ONLY
PERMIT FEE
PLAN CHECK FEE
PENALTY FEE
SAC
WAC
STATE SURCHARGE
TOTAL FEE
ZONING DISTRICT
CERTIF. OF OCCUPANCY ISSUED ON: (DATE)
CERTIF. OF OCCUPANCY ISSUED BY:
NOTICE: THIS PERMIT EXPIRES ONE YEAR II ROM DATE OF ISSUANCE IN ACCORDANCE
WITH CITY ORDINANCE NO.502,SECTION 3.5(2) AS AMENDEDIBY ORDINANCEJNO.328
1. All Contractors and Sub-Contractors shall be licensed in accordance with City and/or State Requirements.
2. This permit may be revoked at any time upon violation of any of the provisions of the City building and Zoning Codes.
3. This permit does not authorize construction of sewage treatment systems, plumbing, HVAC or electrical work.
AGKNOWLEDGMENT AND SIGNATURE
The undersigned hereby represents upon all of the penalties of law, for the purpose of inducing the City of Mendota Heights to take the action herein
requested, that all statements herein are true and that all work herein mentioned will be done in accordance with the Ordinances of the City of Mendota
Heights, the 4„, es , and Rulings of the Building Department
APPLICANT SIGNATURE
DATE PERMIT ISSUED
BUILDING OFFICIAL APPROVAL
DATE PERMIT EXPIRES
PERMIT NUMBER
pg 35
CITY OF MENDOTA HEIGHTS
NOTICE OF HEARING
A PUBLIC HEARING ON A REQUEST FOR A CONDITIONAL USE PERMIT FOR A
FENCE
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, June 25, 2013 in the
City Hall Council Chambers, 1101 Victoria Curve, Mendota Heights, Minnesota, to
consider an application from Dan Larson, for a conditional use permit for a fence at
1807 Walsh Lane. This request has been assigned Planning Case number 2013-10.
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 request will be heard
at this meeting.
Lorri Smith
City Clerk