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2012-09-24 Planning Comm MinutesPlanning Commission Minutes September 24, 2012 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PLANNING COMMISSION MINUTES September 24, 2012 The regular meeting of the Mendota Heights Planning Commission was held on Monday, September 24, 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, Roston, and Viksnins. Those absent: None. Those present were Assistant to the City Administrator Jake Sedlacek, Public Works Director /City Engineer Mazzitello, and NAC Planner Stephen Grittman. Minutes were recorded by Heidi Guenther. Approval of 4zenda The agenda was approved as submitted. Approval ofAuzust 28, 2012, Minutes COMMISSIONER FIELD MOVED, SECONDED BY COMMISSIONER NOONAN, TO APPROVE THE MINUTES OF AUGUST 28, 2012, AS PRESENTED. AYES: 7 NAYS: 0 Hearin-as PLANNING CASE #2012 -27 Mendakota Country Club 2075 Mendakota Drive Wetlands Permit and Variance to Improve the Driving Range Net Planner Stephen Grittman presented the request of Mendakota Country Club for approval of a wetlands permit and fence height variance to construct a new fence at the end of their driving range along a berm which is adjacent to an existing wetland. Mr. Grittman noted that to construct the fence within 100 feet of the wetland, a new wetlands permit is required. The fence, as proposed would be 25 feet in height, which requires a variance. Mr. Grittman presented staff's analysis of the request and recommended approval of both the wetlands permit and the variance. He noted the proposed fence will have little or no impact on the wetland area and will not raise concerns over visibility or compatibility of the use with the area. Commissioner Viksnins questioned if the current 12 -foot fence had a variance. Mr. Grittman was uncertain if a variance was approved for Mendakota. Commissioner Hennes asked if the existing 12 -foot fence would be removed. Mr. Grittman stated this was the case. 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. Planning Commission Minutes September 24, 2012 COMMISSIONER VIKSNINS MOVED, SECONDED BY COMMISSIONER NOONAN, TO CLOSE THE PUBLIC HEARING. AYES NAYS COMMISSIONER VIKSNINS MOVED, SECONDED BY COMMISSIONER FIELD, TO RECOMMEND APPROVAL OF THE WETLAND PERMIT AND VARIANCE AS REQUESTED BASED ON THE FINDINGS OF FACT DETAILED IN THE STAFF REPORT. AYES NAYS Chair Norton advised the City Council would consider this application at its October 2, 2012, meeting. PLANNING CASE #2012 -28 Curt Skallerup, VIRGO, LLC 2250 Pilot Knob Road Conditional Use Permit Planner Stephen Grittman presented the request of Curt Skallerup of Virgo, LLC for approval of a conditional use permit for an indoor trampoline park. Mr. Grittman noted that the applicants are seeking approval of a trampoline park within a facility at 2500 Pilot Knob Road. He reviewed the proposed site plan noting the property was zoned Industrial. The proposed hours of operation would be from 9:00 a.m. to 9:00 p.m. Monday through Thursday and 9:00 a.m. to 11:00 p.m. on Friday and Saturday. The indoor facility would accommodate entertainment and fitness training through the use of several clusters of enclosed trampoline structures. The facility would include different series of trampoline -based recreation areas and party rooms for the use of groups gathering at the site. The proposed use is a form of commercial recreation, similar in nature to a fitness club, bowling center, or similar use. These uses are commonly found in the B -3, General Business District or B -4, Shopping Center zoning districts. Those districts may allow such a use either as a permitted or conditional use. In the Industrial district, the closest comparative use is "Participative Athletics," allowed through a conditional use permit. Mr. Grittman presented staff s analysis of the request and did not recommend approval of the conditional use permit at this time. The proposed use appears to raise concern over its compatibility with industrial use areas. If the application is to move forward, staff recommends tabling action for the current meeting with a request that the application provide additional detail about the traffic and parking impacts of the facility on the neighboring properties. The commission expressed support for the use within the industrial zone, agreeing with the planner that they needed more detail on the traffic and parking impacts of the use on surrounding properties. Curt Skallerup, 729 Windsor Creek Drive of South Lake, Texas, addressed the Commissions comments. He noted he had already been approved for insurance at the proposed site and would need approximately 50 -60 parking stalls. He described the proposed flow of traffic through the site. Mr. Skallerup understood the safety concerns, given the fact the use would appeal to children. He described the anticipated daily schedule of activities noting he would be offering core fitness classes for adults in the morning, with more activities offered after school and in the evening hours. However, the majority of its business would take place on the weekends and this worked well in Industrial parks. Mr. Skallerup noted he had one park open in Fort Worth, Texas with five other parks in the planning phase. Commissioner Magnuson requested further information on the surrounding industrial uses in the area. Carl Awalt, RMR, noted the other tenant was Restaurant Technologies and they made pumps for restaurant grease. He described that all truck traffic was on the north side of the building and would not interfere with children entering and exiting the site. 2 Planning Commission Minutes September 24, 2012 Commissioner Magnuson inquired if the applicant had considered the peak hours of traffic for both uses on the site. Mr. Awalt explained that Restaurant Technologies' employees were off the site by 5:00 p.m. on weekdays and were not open on the weekends. He found the two uses to be very compatible. Commissioner Magnuson questioned if any analysis had been completed on how the traffic to this site would adversely affect the surrounding businesses, roadways, etc. Mr. Skallerup indicated the site had limited capacity, reducing the potential impacts on traffic. He noted he had not completed any traffic flow analysis, but was pleased with the number of major roadways that led to the site. Commissioner Roston questioned how the applicant felt about delaying approval for 30 days to allow for additional information to be gathered for staff. Mr. Skallerup indicated he would support this recommendation. Commissioner Viksnins inquired if the applicant would be able to complete a traffic study in the coming weeks. Mr. Skallerup stated he would investigate this further if deemed necessary for approval. 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. AYES 7 NAYS 0 COMMISSIONER ROSTON MOVED, SECONDED BY COMMISSIONER HENNES, TO APPROVE THE CONDITIONAL USE PERMIT AS REQUESTED BASED ON THE FINDINGS OF FACT DETAILED IN THE STAFF REPORT, DIRECTING THE APPLICANT TO WORK WITH STAFF TO ADDRESS TRAFFIC RELATED ISSUES. Discussion included adding conditions to the approval, and whether or not the commission had enough information to make a decision on the request. AYES 2 ( ROSTON AND HENNES) NAYS 5 ( NOONAN, VIKSNINS, MAGNUSON, FIELD AND CHAIR NORTON) COMMISSIONER NOONAN MOVED, SECONDED BY COMMISSIONER VIKSNINS, TO TABLE THE CONDITIONAL USE PERMIT TO THE OCTOBER 23RD PLANNING COMMISSION MEETING DIRECTING STAFF TO WORK WITH THE APPLICANT ON THE PENDING DETAILS REGARDING THE SPECIFIC SITE USE, BUILDING PLANS, PARKING AND TRAFFIC MANAGEMENT, AND OTHER ASPECTS OF THE FACILITY ON THE SUBJECT SITE. AYES 6 NAYS 1 ( ROSTON) Chair Norton advised the Planning Commission would reconsider this application at its October 23, 2012, meeting. PLANNING CASE #2012 -29 Daniel Fleischhaker 1018 Overlook Road Conditional Use Permit Chair Norton excused himself from the meeting at 7:58 p.m. Planning Commission Minutes September 24, 2012 Planner Stephen Grittman presented the request of Daniel Fleischhaker for approval of a conditional use permit for a garage greater than 1,200 square feet and a variance for more than three doors on a garage. Mr. Grittman noted that the applicant was requesting to construct a garage addition that was approximately 700 square feet, which would bring the property's total garage space on the property to approximately 1,470 square feet. The addition would be accessed via a double -wide garage door. The applicant has indicated that the exterior materials of the proposed garage would be consistent with the existing garage and meets all setback requirements. Staff then discussed the variance review standards. Mr. Grittman presented staff's analysis of the request and recommended approval of the conditional use permit based upon the finding the applicant shall revise his existing conditional use permit request for the construction of a single -door garage expansion, as opposed to a double -door. Chair Norton returned to the meeting at 8:02 p.m. Commissioner Magnuson inquired why the City had a standard within City Code restricting the number of garage doors. Mr. Grittman explained that when the Code was amended, the City was addressing concerns with the architectural impact of homes having four or more garage doors facing the street. Mr. Sedlacek discussed the recent code amendment in further detail with the Commission. Daniel Fleischhaker, 1018 Overlook Road, questioned when the change was made to City Code regarding the number of garage doors. Mr. Sedlacek explained this portion of the City Code was amended two years ago. Mr. Fleischhaker reviewed several photographs with the Commission showing garages with two double doors or a single double door and two single doors in Mendota Heights. Mr. Fleischhaker stated the double door would make it easier for him and his family to move items in and out of the garage. In addition, the aesthetics would be more appealing. He commented he could make a 12 -foot door work if necessary, but that would not be his first choice. The commission asked the applicant to better define the unique circumstances and practical difficulties which would justify the variance. 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 NOONAN MOVED, SECONDED BY COMMISSIONER VIKSNINS, TO CLOSE THE PUBLIC HEARING. AYES 7 NAYS 0 COMMISSIONER VIKSNINS MOVED, SECONDED BY COMMISSIONER MAGNUSON, TO RECOMMEND APPROVAL OF THE CONDITIONAL USE PERMIT AS REQUESTED BASED ON THE FINDINGS OF FACT DETAILED IN THE STAFF REPORT AND DENIAL OF THE VARIANCE REQUEST BASED ON THE FINDINGS OF FACT DETAILED IN THE STAFF REPORT. Commissioner Roston requested the motions be separated for this request. Commissioner Noonan suggested action be taken on the variance first. REVISED MOTION COMMISSIONER VIKSNINS MOVED, SECONDED BY COMMISSIONER NOONAN, TO RECOMMEND DENIAL OF THE VARIANCE REQUEST BASED ON THE FINDINGS OF FACT DETAILED IN THE STAFF REPORT. 2 Planning Commission Minutes September 24, 2012 AYES 2 (MAGNUSON AND VIKSNINS NAYS 5 ( ROSTON, HENNES, NOONAN, FIELD AND CHAIR NORTON) COMMISSIONER ROSTON MOVED, SECONDED BY COMMISSIONER FIELD, TO TABLE ACTION ON THE VARIANCE TO THE OCTOBER 23, 2012 PLANNING COMMISSION MEETING. AYES 6 NAYS I(VIKSNINS) COMMISSIONER VIKSNINS MOVED, SECONDED BY COMMISSIONER NOONAN, TO RECOMMEND APPROVAL OF THE CONDITIONAL USE PERMIT AS REQUESTED BASED ON THE FINDINGS OF FACT DETAILED IN THE STAFF REPORT, SUBJECT TO THE ADDITIONAL CONDITION THAT EITHER THE APPLICANT REVISE HIS REQUEST FOR A SINGLE CAR GARAGE DOOR EXPANSION OR THAT HE OBTAIN A VARIANCE FOR A DOUBLE GARAGE DOOR. AYES 7 NAYS 0 Chair Norton advised the Planning Commission would reconsider the variance application at its October 23, 2012, meeting. Chair Norton advised the City Council would consider the conditional use permit application at its October 2, 2012, meeting. PLANNING CASE #2012 -30 Robert Whebbe 598 Sibley Memorial Highway Conditional Use Permit Planner Stephen Grittman presented the request of Robert Whebbe for approval of a conditional use permit for a detached garage and variance for a detached garage greater than 750 square feet. Mr. Grittman noted that the applicant has an attached garage of approximately 300 square feet. The zoning ordinance allows for one garage building on a single - family property. Detached garages are allowed by conditional use permit; however, the maximum size of a detached garage is 750 square feet. The applicant is requesting one of two options, while retaining the existing attached garage: Option A — Three doors; 1,500 square feet (30 feet x 50 feet) Option B — Three doors; 1,024 square feet (32 feet x 32 feet) Mr. Grittman explained the new garage structure would be built to the side and rear of the existing house, partially on an adjoining parcel owned by the applicant. To avoid violating building setbacks, this parcel should be combined with the house parcel through the Dakota County Recorder's office. Mr. Grittman presented staff's analysis of the request and recommended approval of the conditional use permit to allow for a detached accessory structure upon the subject property only insofar as the applicant can design it in such a way as to comply with other zoning standards of the ordinance. This would require remodeling of the existing attached garage to living space and redesign of the proposed garage to meet the 750 square foot area standard. The alternative would be to eliminate the detached garage request and expand the existing attached garage. Staff does not recommend approval of the associated variance to allow the structure to exceed 750 square feet in size. Commissioner Viksnins questioned which findings of fact should be adopted by the Commission this evening. Mr. Grittman reviewed the recommended findings of fact with the Commission. 5 Planning Commission Minutes September 24, 2012 Robert Whebbe, 598 Sibley Memorial Highway, thanked the Commission for considering his request this evening. He explained the proposed garage size would allow him to keep his collector cars indoors as his vehicles have been broken into twice in the past two years. The building would provide greater security. He noted that 70% of his neighbors have signed off on his proposal. Commissioner Magnuson questioned how the applicant planned to use the existing attached garage space. Mr. Whebbe stated he could turn this into living space. Chair Norton asked if an attached garage was an option. Mr. Whebbe stated the steep grade of his property would not allow for a useable driveway. In addition, his water and gas meters would need to be moved, and the kitchen would have to be reconfigured to allow for an entrance into the home. He would prefer to have the garage attached; however, this was not feasible. Chair Norton opened the public hearing. Jennifer Purtell, 564 Hiawatha Avenue, questioned if the garage would be one or two story. Mr. Whebbe indicated the garage would be single story. Mr. Sedlacek submitted two items for the record regarding this Planning Case. He noted the City Clerk received a phone call from Rose Karsten at 580 Sibley Memorial Highway, and she fully supported the garage request. Secondly, Nancy Kane of 586 Sibley Memorial Highway submitted a letter stating she supported only a 750 square foot garage with a minimal amount of asphalt. COMMISSIONER MAGNUSON MOVED, SECONDED BY COMMISSIONER NOONAN, TO CLOSE THE PUBLIC HEARING. AYES 7 NAYS 0 COMMISSIONER ROSTON MOVED, SECONDED BY COMMISSIONER NOONAN, 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: 4-. THE APPLICANT REALISFS HIS REQUEST TO MEET THE 750 SQUARE FOOT MAXIAILAl FLOOR AREA. 2. SUCH PLANS, DRAWN TO SCALE, SHALL BE MODIFIED TO SPECIFY PROPOSED FINISH MATERIALS, COLORS, AND STRUCTURE HEIGHT. 3. THE GARAGE NOT EXCEED 15 FEET IN HEIGHT. 4. THE APPLICANT COORDINATE THE GARAGE'S ROOF STYLE AND ROOF PITCH WITH THAT OF THE PRINCIPAL BUILDING. 5. THE EXISTING ATTACHED GARAGE ON THE SITE BE REPURPOSED AS LIVING SPACE AS A PART OF THIS PROJECT, TO COMPLY WITH THE MAXIMUM ALLOWANCE OF ONE GARAGE STRUCTURE ON A SINGLE FAMILY PARCEL. Commissioner Field requested Condition 1 be removed from the motion. Commissioners Roston and Noonan supported this request. AYES 7 NAYS 0 2 Planning Commission Minutes September 24, 2012 COMMISSIONER ROSTON MOVED, SECONDED BY COMMISSIONER VIKSNINS, TO RECOMMEND DENIAL OF THE VARIANCE REQUEST BASED ON THE FINDINGS OF FACT DETAILED IN THE STAFF REPORT, ITEMS 3, 4, 6 AND 7. Commissioner Roston apologized for the denial recommendation, but stated the Commission had to follow the zoning code for this request. AYES 7 NAYS 0 Chair Norton advised the City Council would consider this application at its October 2, 2012, meeting. Vprhnl Rpvipw Mr. Sedlacek gave the following verbal review: PLANNING CASE #2012 -13 City of Mendota Heights Zoning Code Amendment • This item would be discussed in a work shop setting by the City Council on October 30th COMMISSIONER NOONAN MOVED, SECONDED BY COMMISSIONER FIELD, TO ADJOURN THE MEETING AT 8:53 P.M. AYES NAYS Respectfully submitted, Heidi Guenther, Recording Secretary 7