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2012-12-26 Planning Comm MinutesPlanning Commission Minutes December 26, 2012 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PLANNING COMMISSION MINUTES December 26, 2012 The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, December 26, 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, Magnuson, Noonan, and Viksnins. Those absent: Commissioners Roston and Hennes. 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 November 27, 2012, Minutes COMMISSIONER FIELD MOVED, SECONDED BY COMMISSIONER NOONAN, TO APPROVE THE MINUTES OF NOVEMBER 27, 2012, AS PRESENTED. AYES: 5 NAYS: 0 Hearin-as PLANNING CASE #2012 -34 Vince Nonnemacher 1815 Valley Curve Road Conditional Use Permit Planner Stephen Grittman presented the request of Vince Nonnemacher for approval of a Conditional Use Permit for an accessory structure with 200 square feet of total area at 1815 Valley Curve Road. Mr. Grittman noted that the applicant is proposing to construct and accessory building with 200 square feet of area, which would require a conditional use permit in the R -1 zoning designation. The building would be used to house racing homing pigeons, which are not listed within the City Code definition of a domestic animal, or food animal. Mr. Grittman presented staff s analysis of the request and did not recommend approval of the Conditional Use Permit. While the structure meets conditional use permit requirements, the use of the building appears to raise issues of compatibility in the single family residential district. Staff recommends that if the keeping of racing pigeons is to be considered acceptable, the application should be tabled to establish a set of standards be prepared as an amendment to the zoning ordinance. If the Commission found use to fit within current City Code, staff would recommend conditions be included for approval regarding maintenance and operation. Staff responded to questions from the commission, noting that there are existing pigeon lofts in the city, which predate city code, and are allowed as existing, non - conforming uses. The code does not specify how many pets (outside of licensed dogs) a property owner may have, and chickens and ducks are currently prohibited by code, as food animals. Commissioner Magnuson questioned if the neighbors have provided comment on the proposed use. Mr. Sedlacek indicated the neighbors were sent a notice regarding the accessory structure, but were not told of its intended use. Planning Commission Minutes December 26, 2012 Vince Nonnemacher, 1815 Valley Curve Road, explained his intent to raise homing pigeons as a hobby. Mr. Nonnemacher commented his pigeons would be kept for pleasure and should be viewed as a pet. These pets are trained not to sit outside of the loft, the impact upon neighbors would be minimal. Mr. Nonnemacher anticipated he would house no more than one pigeon per 10 cubic square feet of loft space. He requested the planning commission recommend approval of the conditional use permit. Chair Norton asked if Mr. Nonnemacher would be willing to provide staff with the pigeons and building specifics. Mr. Nonnemacher stated he was willing to work with staff. Commissioner Magnuson asked if the applicant had spoken to his neighbors regarding the pigeon loft. Mr. Nonnemacher explained he has discussed the use with his neighbors and all were very encouraging. Mr. Nonnemacher commented he would not want to have any more than 50 pigeons for the health of the birds. Commissioner Noonan inquired if the building could be moved in from Hilltop. Mr. Nonnemacher stated he was willing to move the building slightly, but is limited by existing landscaping which will screen the structure from neighboring properties. A berm with plantings could be added along Hilltop Road. 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 FIELD, TO CLOSE THE PUBLIC HEARING. AYES 5 NAYS 0 COMMISSIONER FIELD 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 SUBJECT TO THE FOLLOWING CONDITIONS: 1. THE PROPOSED BUILDING IS RELOCATED TO BE NO CLOSER TO THE STREET THAN EITHER OF THE ADJOINING PRINCIPAL HOUSES, INCLUDING THE APPLICANT'S HOUSE AT 1815 VALLEY CURVE, OR THE PROPERTY TO THE SOUTH AT 828 HILLTOP ROAD. 2. THE STRUCTURE IS MAINTAINED AND NOT PERMITTED TO DETERIORATE IN ANY WAY. 3. THE STRUCTURE IS NOT PERMITTED TO MAINTAIN ODORS OR DISCOLORATION THAT IS VISIBLE FROM ADJOINING PROPERTY OR FROM THE PUBLIC STREET. 4. LANDSCAPING IS ADDED TO THE SOUTH SIDE OF THE BUILDING TO ENHANCE THE SCREENING OF THE BUILDING FROM THE ADJOIN PARCEL. The Planning Commission discussed the intended use, with general consensus that pigeons do not fit within existing code language. The Commission discussed potential conditions they would need to see for any approval of housing pigeons. Commissioner Field requested comment from the applicant on the potential for amending code regarding this matter. Chair Norton reopened the public hearing. 2 Planning Commission Minutes December 26, 2012 Mr. Nonnemacher recommended the city establish an ordinance to address racing pigeons as the request may come before the city again in the future. He stated he was willing to work with city staff to create language to address future requests. COMMISSIONER FIELD MOVED, SECONDED BY COMMISSIONER VIKSNINS, TO CLOSE THE PUBLIC HEARING. AYES 5 NAYS 0 Commissioner Field suggested this item be tabled to the January meeting to allow staff to work with Mr. Nonnemacher on an ordinance amendment or further conditions for approval. Commissioner Field withdrew his motion. Commissioner Magnuson withdrew her second. COMMISSIONER FIELD MOVED, SECONDED BY COMMISSIONER MAGNUSON, TO TABLE THIS ITEM TO THE JANUARY MEETING DIRECTING STAFF TO WORK WITH MR. NONNEMACHER TO AMEND CITY CODE AND DRAFT THE NECESSARY CONDITIONS FOR APPROVAL. AYES 5 NAYS 0 PLANNING CASE #2012 -35 Bruce Coppock 1694 and 1698 Dodd Road Lot Line Adjustment Planner Stephen Grittman presented the request of Bruce Coppock for approval of a lot line adjustment between two lots at 1694 and 1698 Dodd Road. Mr. Grittman noted that the applicants Bruce Coppock and Lucia May are proposing a lot line adjustment between their property located at 1698 Dodd Road, within the R -lA District, and Christine and Bob Salmen's property at 1694 Dodd Road, to the west of the subject property. Currently the applicant's westerly lot line runs through a swing set and tennis court on the neighboring property. Both neighbors have signed the application for a lot line adjustment to move the 1698 Dodd Road property line approximately 38 feet to the east, and out of the range of uses associated with the home at 1694 Dodd Road. Mr. Grittman presented staff's analysis of the request and recommends approval of the requested lot line adjustment based on the finding that it will not negatively impact either of the neighboring properties involved or surrounding properties, that the lot line adjustment will not cause either neighboring property to become non - compliant with the requirements of the Subdivision and Zoning Ordinance, and with the condition as noted. 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 5 NAYS 0 Planning Commission Minutes December 26, 2012 COMMISSIONER NOONAN MOVED, SECONDED BY COMMISSIONER FIELD, TO RECOMMEND APPROVAL OF THE LOT LINE ADJUSTMENT AS REQUESTED BASED ON THE FINDINGS OF FACT DETAILED IN THE STAFF REPORT AND SUBJECT TO THE FOLLOWING CONDITION: 1. THE APPLICANT RECORD THE APPROVED CERTIFICATE OF SURVEY, INCLUDING THE PROPOSED LOT LINE ADJUSTMENT, WITH DAKOTA COUNTY. AYES 5 NAYS 0 Chair Norton advised the City Council would consider this application at its January 8, 2013 meeting. Verbal Review Mr. Sedlacek gave the following verbal review: PLANNING CASE #2012 -32 Mendota Heights BP Variance • Approved by the City Council with findings, which was recommended for denial by the Planning Commission. PLANNING CASE #2012 -33 Mike Hueg Variance and Conditional Use Permit • Variance denied by the City Council, which was recommended for approval by the Planning Commission. • Conditional use permit approved by the City Council, as approved by the Planning Commission. COMMISSIONER NOONAN MOVED, SECONDED BY COMMISSIONER FIELD, TO ADJOURN THE MEETING AT 7:59 P.M. AYES 5 NAYS 0 Respectfully submitted, Heidi Guenther, Recording Secretary 2