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2013-01-22 Planning Comm Minutes Planning Commission Minutes January 22, 2013 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PLANNING COMMISSON MINUTES January 22, 2013 The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, January 22, 2013, in the Council Chambers at City Hall, 1101 Victoria Curve at 7:00 P.M. The following Commissioners were present: Chair Field, Commissioners Hennes, Magnuson, Noonan, Roston, and Viksnins. Those absent: None. Those present were Assistant to the City Administrator Jake Sedlacek, Public Works Director/City Engineer John Mazzitello, and NAC Planner Stephen Grittman. Chair Field noted that there is one opening on the Planning Commission that the City Council plans to fill in early February 2013. Applications are being taken through Thursday, January 24, 2013 at City Hall. Approval of Agenda The agenda was approved with the revision that Case No. 2012-36 would be heard first and Case No. 2012-34 would be heard second. Approval of December 26, 2012 Minutes COMMISSIONER NOONAN MOVED, SECONDED BY COMMISSIONER MAGNUSON, TO APPROVE THE MINUTES OF DECEMBER 26, 2012, AS PRESENTED. AYES: 6 NAYS: 0 Hearings PLANNING CASE #2012-36 Planner Stephen Grittman presented the request of Robert Lindahl for approval of a variance for a monument sign at 1440 Northland Drive. Mr. Grittman stated that this request is to allow for the construction of a free standing sign at 1440 Northland Drive. The property is zoned and guided for industrial use and is occupied by an office industrial building. The sign is intended to identify the building and tenants within the building located at 1444 Northland Drive. Setback regulations for signs are the same as for the setback requirements for buildings: forty feet. The applicant is proposing a five foot setback from the right of way for a monument sign; requiring a thirty-five foot variance. The practical difficulty given for this variance from the code is that a sign any further back from the street would make it unreadable from both directions of Northland Drive. Planning Commission Minutes January 22, 2013 The staff report indicated that there have been a number of variances granted to signs in the industrial park, as well as a large portion of the industrial zoned area that was granted a twenty- foot sign setback by a Planned Unit Development (PUD). Staff believes that a twenty foot setback would still be readable and agrees that forty feet would put the sign in a location where it would not be visible to passing traffic and therefore would not serve its purpose. Commissioner Roston questioned whether a variance could be granted for something that has not been requested. Mr. Grittman replied that the Commission could approve the request for something less than what the applicant has asked for. Commissioners Roston and Magnuson asked if this should be addressed in terms of a text amendment rather than a variance. Mr. Grittman replied that since this has been a common practice in the industrial area it would be a reasonable approach. However, past practice has been to review these applications on a case-by-case basis. Commissioner Noonan asked Mr. Grittman if other municipalities allow signage within the required yard area. Mr. Grittman replied that it is common to allow signs with a lesser setback than the building and that five or ten feet from the right-of-way line is common. Further discussions took place on possible locations for the sign if a twenty foot setback were approved as opposed to the five foot setback requested. David Noland spoke on behalf of the applicant and shared photos of other signs in the area that appear to be located within the suggested 20’ setback. He also shared a photo of the requested sign location and the trees that would block the sign should the setback requirement be more than the requested five feet. A rendering of the proposed sign was reviewed and the applicant answered questions from the Commissioners regarding the placement and visibility of the sign. It was noted that a small pine tree has been removed in a location which would satisfy Mr. Grittman’s suggestion of a twenty foot setback. 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 ROSTON MOVED, SECONDED BY COMMISSIONER NOONAN, TO CLOSE THE PUBLIC HEARING. AYES: 6 NAYS: 0 COMMISSIONER VIKSNINS MOVED, SECONDED BY COMMISSIONER HENNES, TO RECOMMEND APPROVAL OF THE VARIANCE REQUEST AS LIMITED BY PLANNER GRITTMAN REPORT, SPECIFICALLY PERMITTING A SETBACK OF TWENTY FEET Planning Commission Minutes January 22, 2013 BASED ON THE PROPOSED FINDINGS ON PAGE THIRTY-TWO OF THE PLANNING REPORT. Planner Grittman asked that the motion include a condition that the sign would not be located in a way that would interfere with the sewer or sewer easement in the proposed sign area. The commission asked if this addition to the motion would necessitate more flexibility than twenty feet. Assistant City Administrator Jake Sedlacek stated that the proposed location appears to be outside of the easement area. Commissioners Viksnins and Hennes agreed to the condition. AYES: 6 NAYS: 0 Chair Field advised the City Council would consider this application at its February 5, 2013 meeting. PLANNING CASE #2012-34 Planner Grittman reminded the Commission that they considered a Conditional Use Permit by Vincent Nonnemacher to allow for the construction of an accessory building of greater than one hundred forty-four square feet on a at 1815 Valley Curve Road at a previous meeting. That request was wrapped into the use of the building, which was to be a pigeon loft. The discussion had centered on whether or not pigeons were allowed under the current code. Given the language of the code, it was staff’s position that it would not be allowed under the definition of domestic animals or otherwise. At the December meeting, the planning commission directed the applicant to work with staff to develop a code amendment to allow pigeons. The application for the conditional use permit was tabled. Mr. Grittman presented draft language which could be used to allow the keeping of pigeons. Should the Commission and the Council pass this request, the City would allow the activity by Interim Use Permit. The Commission discussed the form of the amendment – and whether conditions should be included in Title 5 of code, or under Interim Use Permit language in the Zoning Code. Planner Grittman reiterated his recommendation from the staff memo. Chair Field asked for verification that public notice had been given. Assistant Administrator Sedlacek replied that public notice was given for a code amendment to allow keeping pigeons was provided following the discussion at the previous Planning Commission meeting. Commissioners had questions if the proposed language would impact the current interpretation of code. Planner Grittman replied that this would maintain current standards, and create a new allowance for keeping pigeons. Planning Commission Minutes January 22, 2013 The Commission asked what other surrounding cities are doing in regards to pigeons. Planner Grittman replied that there is no common approach to regulating pigeon keeping. Mr. Grittman noted that the bulk of the language was provided from industry language and reviewed by staff. Staff feels that the proposed language is enforceable and feasible to apply and measure. Planner Grittman asked that the first proposed zoning ordinance amendment be changed to read: 1.Add the keeping of pigeons, in accordance with City Code Section 5-3-12, by Interim Use Permit, with said IUP to terminate at such time as the permitee either discontinues the activity, loses or forfeits the license violates the terms of the relevant regulations, or vacates the property. This amendment would be inserted in the R-1 zoning district as Section 12-1E-3-E. Assistant Administrator Sedlacek clarified that the Planning Commission does not act on language in Title 5 of City Code; which was provided to the Commission as background. If the Commission approves the zoning amendments, the proposed changes to Title 5 would be considered by Council. Additional procedural discussions occurred. 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 N OONAN, TO CLOSE THE PUBLIC HEARING. AYES: 6 NAYS: 0 Commissioner Roston commented that the phrase ‘other common domestic household pets’ is too broad of a definition. Planner Grittman noted that this is the reason for specifying pigeons as they are not typically considered a common domestic household pet. COMMISSIONER NOONAN MOVED, SECONDED BY COMMISSIONER VIKSNINS, DENIAL OF AMENDMENTS TO TITLE 12, CHAPTER 1B-2, CHAPTER 1E-3-E, AND CHAPTER 1L-6-G Commissioner Noonan explained that the reason he moved for denial is when he applied the common sense test of what a domestic pet is he did not see pigeons rising to that same level. He believes pigeons are different, are kept differently, the intensity of use is far different, and it is not an appropriate definition nor is it an appropriate modification to the term. Commissioner Viksnins also stated that he has an issue with viewing a pigeon as a common household pet. He is also bothered with the wording of the proposed amendment. Planning Commission Minutes January 22, 2013 Commissioner Roston agreed with Commissioners Noonan and Viksnins. Chair Field stated his support for the amendment, that it solves a problem and gives the City adequate controls over the requested use. Commissioner Magnuson commented that she does not have a problem with pigeons and she likes the use of an Interim Use Permit. Commissioner Roston requested a friendly amendment limiting the standing motion to deny amendments to Title 12, Chapter 1B-2 and Chapter 1E-3-E. Commissioner Noonan and Viksnins accepted the amendment to the motion. Chair Field clarified the motion to be DENIAL OF AMENDMENTS TO TITLE 12, CHAPTER 1B-2 AND CHAPTER 1E-3-E Ayes: 3 (Roston, Noonan, Viksnins) Nays: 3 (Hennes, Field, Magnuson) Chair Field advised the City Council would consider this application at its February 5, 2013 meeting with no recommendation by the Planning Commission. COMMISSIONER ROSTON MOVED, SECONDED BY COMMISSIONER MAGNUSON, TO APPROVE AMENDMENT TO TITLE 12, CHAPTER 1L-6-G Commissioner Noonan asked for clarification that the Commission is approving the concept of an Interim Use Permit but at this point in time there is not anything that is being approved by way of an interim use. This was confirmed. Ayes: 6 Nays: 0 Chair Field advised the City Council would consider this application at its February 5, 2013 meeting with a recommendation for approval. COMMISSIONER ROSTON MOVED, SECONDED BY COMMISSIONER VIKSNINS, TO TABLE ALL PENDING APPLICATIONS IN CONNECTION WITH PLANNING CASE #2012-34 UNTIL THE NEXT PLANNING COMMISSION MEETING Ayes: 6 Nays: 0 Chair Field advised that staff would administratively notify the applicant of the layover to the February 26, 2013 Planning Commission meeting. Planning Commission Minutes January 22, 2013 Verbal Review Mr. Sedlacek gave the following verbal review: PLANNING CASE #2012-35 Bruce Coppock Lot Line Adjustment •Approved by the City Council as recommended by the Planning Commission COMMISSIONER ROSTON MOVED, SECONDED BY COMMISSIONER NOONAN, TO ADJOURN THE MEETING AT 8:21 P.M. AYES: 6 NAYS: 0