2012-05-22 Planning Comm MinutesPlanning Commission Minutes
May 22, 2012
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
PLANNING COMMISSION MINUTES
May 22, 2012
The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, May 22, 2012, in the
Council Chambers at City Hall, 1101 Victoria Curve at 7:00 P.M.
The following Commissioners were present: Chair Norton, Commissioners Field, Hennes, Magnuson, Noonan, and
Roston. Commissioner Viksnins was an excused absence. Those present were Assistant to the City Administrator
Jake Sedlacek, Public Works Director /City Engineer John Mazzitello, and NAC Planner Stephen Grittman. Minutes
were recorded by Heidi Guenther.
Approval ofAQenda
The agenda was approved as submitted.
Approval of April 24, 2012, Minutes
COMMISSIONER NOONAN MOVED, SECONDED BY COMMISSIONER FIELD, TO APPROVE THE
MINUTES OF APRIL 24, 2012, AS PRESENTED.
AYES: 5
NAYS: 0
ABSTAIN: 1 (CHAIR NORTON)
Hearin-as
PLANNING CASE #2012 -12
Carol Strojny
917 Chippewa Avenue
Conditional Use Permit for a fence within 30 feet of a right of way.
Planner Stephen Grittman presented the request of Carol Strojny for approval of conditional use permit to allow a
fence within 30 feet of a right of way along the west and south end of the property. The property is located at 917
Chippewa Avenue and is zoned R -1, One Family Residential.
Mr. Grittman noted that fences are allowed to be 36 inches tall unless a conditional use permit was requested, which
would allow a fence to then be up to six feet in height. The fence was consistent with the neighborhood and
development of the property. The proposed design meets the City's 30% openness requirement.
Mr. Grittman presented staff's analysis of the request and recommended approval of the Conditional Use Permit for
the proposed fence within the interior and rear yard.
Carol Strojny, 917 Chippewa Avenue, thanked the Commission for considering her request this evening and for the
report presented by staff.
Chair Norton opened the public hearing.
Seeing no one coming forward wishing to speak, Chair Norton asked for a motion to close the public hearing.
COMMISSIONER FIELD MOVED, SECONDED BY COMMISSIONER NOONAN, TO CLOSE THE
PUBLIC HEARING.
Planning Commission Minutes
May 22, 2012
AYES 6
NAYS 0
COMMISSIONER ROSTON MOVED, SECONDED BY COMMISSIONER HENNES, TO RECOMMEND
APPROVAL OF THE CONDITIONAL USE PERMIT AS REQUESTED BASED ON THE FINDINGS OF
FACT DETAILED IN THE STAFF REPORT AND SUBJECT TO THE FOLLOWING CONDITIONS:
1. THE APPLICANT SHALL RECEIVE A FENCE PERMIT PRIOR TO INSTALLATION OF THE
FENCE; AND
2. THE FENCE SHALL MEET THE REGULATIONS ESTABLISHED IN SECTION 12 -1D -6,
INCLUDING THE SIX FOOT (6') HEIGHT MAXIMUM AND THE 30% OPEN DESIGN
REQUIREMENT.
AYES 6
NAYS 0
Chair Norton advised the City Council would consider this application at its June 5, 2012, meeting.
PLANNING CASE #2012 -13
City of Mendota Heights
Zoning Amendment pertaining to new property maintenance code for commercial /industrial properties.
Planner Stephen Grittman presented the request of the City for approval of a zoning code amendment pertaining to
new property maintenance code for commercial /industrial properties.
Mr. Grittman noted that the Council initiated the amendment to the property maintenance code last summer. He
commented the Ordinance was not meant to replace City Code but would assist with general maintenance of
properties throughout the City.
Mr. Grittman presented staff's analysis of the request and recommended adoption of the Code as presented.
Commissioner Roston questioned if the special tax language had been reviewed by the City Attorney. He requested
she review this paragraph in particular. Mr. Grittman indicated the amendment had been reviewed by the City
Attorney.
Commissioner Roston suggested the storm water and drainage language be further reviewed as it was handled by
other City Code and Statutes. Mr. Grittman explained staff would review this further.
Chair Norton asked how this code differed from the existing property maintenance code. Mr. Grittman commented
the City did not have a property commercial code that handled commercial and industrial properties. The City only
had Code to address residential properties. The point would be to add depth to the nuisance code addressing
maintenance and aesthetic issues.
Commissioner Noonan inquired if the code had been brought to the business community for comments. Assistant to
the City Administrator Jake Sedlacek explained this information was brought up in the winter edition of the Heights
Highlights, was posted on the web and sent out through a public hearing notice. Staff intended to get this specific
information to business owners, but was surprised to have no feedback to date from the business community.
Commissioner Norton questioned if the amendment should be postponed to allow for comments from the local
business owners. Mr. Sedlacek indicated that staff agrees with the Planning Commission's wishes to have feedback
from businesses.
Commissioner Field stated in his opinion, the nuisance ordinance worked well to address maintenance issues and
expressed concern with the fact the new Ordinance would be complaint based.
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May 22, 2012
Commissioner Roston expressed concern with the specificity of the proposed language, noting that one provision
states there shall be no weeds, which was not feasible for every commercial and industrial property in the City. He
had a number of concerns with how this new code would be enforced. He recommended the Commission seek
additional feedback from the business community before proceeding with this code amendment.
Commissioner Hennes questioned if the item could be delayed for several weeks to allow for comment from the
local business owners. Mr. Sedlacek stated there was no pressing issue.
Commissioner Field commented the information was posted for a public hearing and no comments were received.
He questioned how staff would make contact with the business owners. Mr. Sedlacek stated the Chamber of
Commerce could be contacted along with major land owners and major businesses within the community. This
would assure that they have received the information.
Commissioner Roston asked how much time would be needed to pass along this information. Mr. Sedlacek noted
staff would have this information to the industrial /commercial property owners yet this week and the item could be
discussed again in June.
Chair Norton opened the public hearing.
Seeing no one coming forward wishing to speak, Chair Norton asked for a motion to continue the public hearing to
the June meeting.
COMMISSIONER FIELD MOVED, SECONDED BY COMMISSIONER NOONAN, TO CONTINUE THE
PUBLIC HEARING TO THE JUNE MEETING.
AYES 6
NAYS 0
Chair Norton advised the Planning Commission would consider this application at its June 26, 2012, meeting.
Verbal Review
Mr. Sedlacek gave the following verbal review:
PLANNING CASE #2012 -10 Joe Igo Variance to the Side Yard Setback
• The City Council approved a one -foot side yard setback for the driveway.
PLANNING CASE #2012 -11 Convent of the Visitation School Conditional Use Permit/Variances
• Approved by the City Council as recommended by the Planning Commission.
PLANNING CASE #2012 -7 Michael Bader Variance to the Right of Way Width
• The City Council denied the request for the variance.
PLANNING CASE #2012 -3 City of Mendota Heights Accessory Structures in R -1
• The City Council tabled this matter and requested further information from staff.
Commissioner Hennes questioned the Council's rationale for approving the variance for Mr. Igo and denying the
variance for Mr. Bader. Mr. Sedlacek explained the Council indicated the six foot pad was sufficient for parking a
vehicle and the one additional foot was reasonable for proper access in and out of vehicles. For this reason the
variance was approved. He commented the Council did not feel there was enough information to approve a variance
for Mr. Bader. This was drafted into a finding for denial.
COMMISSIONER NOONAN MOVED, SECONDED BY COMMISSIONER FIELD, TO ADJOURN THE
MEETING AT 7:24 P.M.
AYES 6
NAYS 0
Planning Commission Minutes
May 22, 2012
Respectfully submitted,
Heidi Guenther, Recording Secretary