2013-06-25 Planning Comm Minutes
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
PLANNING COMMISSON MINUTES
June 25, 2013
The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, June
25, 2013, in the Council Chambers at City Hall, 1101 Victoria Curve at 7:00 P.M.
The following Commissioners were present: Chair Field, Commissioners Roston, Noonan,
Hennes, Hennesey, Magnuson, and Viksnins. Those absent: None. Others present were Public
Works Director/City Engineer John Mazzitello, and NAC Planner Stephen Grittman.
Approval of Agenda
The agenda was approved as submitted
Approval of May 28, 2013 Minutes
COMMISSIONER MAGNUSON MOVED, SECONDED BY COMMISSIONER NOONAN,
TO APPROVE THE MINUTES OF MAY 28, 2013, AS PRESENTED.
AYES: 7
NAYS: 0
Hearings
PLANNING CASE #2013-08
Rebekah Villafuerte of 713 Marie Avenue
Conditional Use Permit for fence installation
Planner Stephen Grittman explained that this request is a for a conditional use permit for the
construction of a fence in a side yard that abuts the street. The property is located on the corner
of Marie Avenue and Dodd Road and is zoned and guided for Single Family Residential Use.
The property is currently occupied by a single family home and the applicant is proposing to
construct a fence on the Dodd Road side of the property. The Zoning Ordinance states that
fences within 30 feet of a roadway can only be 36 inches in height, except by 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, as proposed, appears to meet all of the requirements for
both the fence ordinance and for the conditional use permit approval.
Staff recommended approval of the conditional use permit.
June 25, 2013 Planning Commission Minutes page 1
Commissioners asked questions regarding the ownership of the chain link fence that would abut
with this new fence, code requirements for maintenance and appearance of the fence, and
location of the fence in relation to existing trees in the area.
Chair Field opened the public hearing.
Neighbors Louis and Nancy Strobel, 1781 Dodd Road expressed their opposition to this fence.
There being no other comments from the public, Chair Field asked for a motion to close the
public hearing.
COMMISSIONER ROSTON MOVED, SECONDED BY COMMISSIONER HENNES, TO
CLOSE THE PUBLIC HEARING.
AYES: 7
NAYS: 0
COMMISSIONER VIKSNINS MOVED, SECONDED BY COMMISSIONER ROSTON,
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 FOLLOWING FINDING OF FACTS:
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.
Comment was made by Commissioner Roston that the City has elected not to make these types
of fences unpermitted and therefore, the Commission cannot deny the conditional use permit
based on aesthetics.
AYES: 7
NAYS: 0
Chair Field advised the City Council would consider this application at its July 16, 2013,
meeting.
PLANNING CASE #2013-09
Sean Hoffman (Wieland, Inc.) for British Petroleum Fuel Station at 2030 Dodd Road
Setback Variance for fuel station canopy expansion
Planner Stephen Grittman explained that this request pertains to a commercial property that is
zoned B2-Neighborhood Business and is guided for mixed use planned unit development. The
applicant and operator of the fuel station located on the property is asking for two changes to the
current site, both of which would require variances given the configuration of the property. The
June 25, 2013 Planning Commission Minutes page 2
first relates to the canopy, which he would like to replace with a slightly larger one. The code
allows for canopies to encroach into the normal front yard setback but maintaining a 20 foot
setback from the right-of-way line. The current and proposed canopies are at 15 feet setback
from Dodd Road.
The second request is to expand the parking lot in the northeast corner of the site. Currently the
parking lot is designed with curb line angling off of that portion and the applicant is proposing to
extend the parking paved area to within approximately five feet of the property line, both on the
east and on the north sides. The code requires a setback requirement for commercial parking lots
of 10 feet; as a result the applicant is seeking a variance to expand the parking lot to that five foot
setback line.
Staff recommended approval of both variance requests.
Commissioners asked questions regarding language in the list of conditions for approval and
whether the request for the parking lot variance was for additional parking spaces or more
efficient use of the lot, vegetation in the parking lot area, and lighting in the new canopy.
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.
COMMISSIONER VIKSNINS MOVED, SECONDED BY COMMISSIONER MAGNUSON,
TO CLOSE THE PUBLIC HEARING.
AYES: 7
NAYS: 0
COMMISSIONER ROSTON MOVED, SECONDED BY COMMISSIONER NOONAN, TO
APPROVE THE CANOPY SETBACK VARIANCE BASED ON THE FOLLOWING
FINDINGS OF FACT:
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
AND 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
3.Signage affixed to the new canopy shall conform to applicable requirements of the Ordinance
June 25, 2013 Planning Commission Minutes page 3
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.
AND TO APPROVE THE PARKING SETBACK VARIANCE BASED ON THE
FOLLOWING FINDINGS OF FACT:
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
AND 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
AYES: 7
NAYS: 0
Chair Field advised the City Council would consider this application at its July 16, 2013,
meeting.
PLANNING CASE #2013-10
Curt Hopman of 1807 Walsh Lane
Conditional Use Permit for fence installation
Planner Stephen Grittman explained that this a request for a conditional use permit to construct a
fence six feet in height within a 30 foot setback. The property is located at 1807 Walsh Lane, at
the corner of Marie Avenue and Walsh Lane, and is zoned and guided for single family use. This
fence would be along the Marie Avenue side of the property. The applicant is proposing to
construct an alternating board fence that would extend from the rear corner of the property
towards the Marie Avenue right-of-way line and parallel to Marie Avenue to the back corner and
then return to an existing fence at the neighbor’s property line.
Commissioner Roston noted that these types of conditional use permit requests are received quite
frequently and are typically passed. He then asked at which point the Commission would
recommend an amendment to the code. Planner Grittman replied that he believes staff would
consider a motion from the Planning Commission on amending this portion of the code as only
June 25, 2013 Planning Commission Minutes page 4
one conditional use permit application has been denied in the past and that was due to the
fencing materials not being consistent with the neighborhood. Additional points were discussed
but no motion made.
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.
COMMISSIONER VIKSNINS MOVED, SECONDED BY COMMISSIONER ROSTON, TO
CLOSE THE PUBLIC HEARING.
AYES: 7
NAYS: 0
COMMISSIONER VIKSNINS MOVED, SECONDED BY COMMISSIONER ROSTON, TO
RECOMMEND 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 FOLLOWING
FINDINGS OF FACT:
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
AYES: 7
NAYS: 0
Chair Field advised the City Council would consider this application at its July 16, 2013,
meeting.
Verbal Review
City Engineer John Mazzitello gave the following verbal review:
PLANNING CASE #2013-06
City of Mendota Heights Sign Ordinance Amendment
•Approved by the City Council as recommended by the Planning Commission.
PLANNING CASE #2013-07
City of Mendota Heights Garages & Accessory Structures Ordinance Amendment
•Tabled by the City Council to a work session, which was held on June 18, 2013.
•At the conclusion of the work session, City Council sent the ordinance back to staff for
editing and will be discussed at another work session in the future.
June 25, 2013 Planning Commission Minutes page 5
Adjourn
COMMISSIONER NOONAN MOVED, SECONDED BY COMMISSIONER MAGNUSON,
TO ADJOURN THE MEETING AT 7:42 P.M.
AYES: 7
NAYS: 0
June 25, 2013 Planning Commission Minutes page 6