2010-06-22 Planning Comm MinutesPlanning Commission Minutes
June 22, 2010
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
PLANNING COMMISSION MINUTES
June 22, 2010
The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, June 22, 2010, in the
Council Chambers at City Hall, 1101 Victoria Curve at 7:00 P.M.
The following Commissioners were present: Chair Lally, Commissioners Field, Hennes, McManus, Norton,
Povolny, and Viksnins. Those absent: None. Those present were Assistant to the City Administrator Jake
Sedlacek, Acting Public Works Director /City Engineer Ryan Ruzek, and NAC Planner Stephen Grittman. Minutes
were recorded by Carla Wirth.
ADDroval ofMav 25.2010. Minutes
Commissioner Viksnins requested a correction on page seven, fourth paragraph from the bottom, to indicate:
"Commissioner Viksnins Hepmes stated he cannot support a Variance since no hardship has been found..."
COMMISSIONER FIELD MOVED, SECONDED BY COMMISSIONER MCMANUS, TO APPROVE THE
MINUTES OF MAY 25, 2010, AS REVISED ABOVE.
AYES: 7
NAYS: 0
Hearings
PLANNING CASE #10 -18
Elizabeth Tetzlaff
995 Diego Lane
Conditional Use Permit for Accessory Building (continued public hearing)
Chair Lally noted that Elizabeth Tetzlaff had made application for a conditional use permit (CUP) for an accessory
building larger than 144 square feet However, it was realized that the project, as proposed, also required a variance
to the rear yard setback. Ms. Tetzlaff indicated her intent to make application for a variance so the CUP application
was tabled for one month. Since the variance application was not submitted before the deadline for June
consideration, Staff is recommending the Commission table the application for one more month and extend the 60-
day review period.
COMMISSIONER FIELD MOVED, SECONDED BY COMMISSIONER NORTON, TO TABLE
PLANNING CASE #10 -18 TO THE JULY 27, 2010, MEETING AND EXTEND THE 60 -DAY REVIEW
PERIOD.
AYES 7
NAYS 0
Chair Lally advised the Planning Commission would consider this application at its July 27, 2010, meeting.
PLANNING CASE #10 -21
Brian and Joanne Mullen
1122 Orchard Circle
Critical Area Permit for a swimming pool
Planning Commission Minutes
June 22, 2010
Planner Stephen Grittman explained that Brian and Joanne Mullen are requesting approval of a critical area permit
in order to install an in- ground swimming pool, concrete patio, and fence in the rear yard of their property at 1122
Orchard Circle. He presented a site plan to identify the subject site, location of the existing home, and proposed
swimming pool. Mr. Grittman explained the need for a critical area plan to assure the construction complies with
the critical area objectives and ordinance requirements to protect the natural view of the river area from the river and
to also protect sensitive bluffs or slopes. In this case, the parcel is not adjacent to the bluff and does not contain
steep slopes. He reviewed the proposal to construct the swimming pool and patio in the rear yard surrounded with a
black aluminum fence and gate that meets the City's requirements for openness and height for swimming pool
protection. Mr. Grittman advised the project will total 22% of impervious surface. Staff believes this application
complies with rules of the Critical Area Ordinance and recommends approval subject to conditions to allow
engineering staff to review the site to assure stormwater, erosion control, and the swimming pool are managed
properly. Mr. Grittman recommended an added condition that the project comply with the Land Disturbance
Document, which will be provided to the applicant.
Brian and Joanne Mullen, 1122 Orchard Circle, applicants, introduced themselves and indicated they have nothing
to add to staff's presentation. Ms. Mullen noted the attendance of their landscaper should there be questions.
Chair Lally read and explained the five conditions recommended by staff if the application is recommended for
approval.
Ms. Mullen asked if staff will provide guidance on timing and application for the fence and building permits.
Assistant to the City Administrator Sedlacek explained they can make application for those building permits and pay
the fee at any time so that process dovetails with City Council consideration.
Ms. Mullen asked about the City Engineer's analysis. Acting Public Works Director /City Engineer Ruzek advised
he has reviewed the grading identified on the plan submitted and does not foresee a problem but the disturbed areas
will have to be seeded in a timely manner to eliminate erosion and assure completion of the project. Ms. Mullen
stated they will move forward with the building permits and attend the City Council meeting.
Commissioner McManus asked how excess dirt will be disposed. Ms. Mullen explained some will be used to create
landscape berms and some to even the topography of their next door lot that contains an orchard and garden. She
assured the Commission there will be no dramatic changes to the existing topography.
Commissioner McManus asked if one tree will be removed. Ms. Mullen stated that is correct.
Chair Lally opened the public hearing.
Seeing no one coming forward wishing to speak, Chair Lally asked for a motion to close the public hearing.
COMMISSIONER NORTON MOVED, SECONDED BY COMMISSIONER FIELD, TO CLOSE THE
PUBLIC HEARING.
AYES 7
NAYS 0
COMMISSIONER NORTON MOVED, SECONDED BY COMMISSIONER VIKSNINS, TO
RECOMMEND APPROVAL OF PLANNING CASE #10 -21, CRITICAL AREA PERMIT FOR
INSTALLATION OF A SWIMMING POOL, CONCRETE PATIO, AND FENCE, AS REQUESTED,
SUBJECT TO THE FOLLOWING CONDITIONS:
1. A MORE DETAILED ANALYSIS SHALL BE PERFORMED IN REGARD TO THE PROPOSED
GRADING CHANGES, ALTERING OF SLOPES, AND STORMWATER RUNOFF.
2. THE PROJECT SHALL BE REVIEWED AND APPROVED BY THE CITY ENGINEER.
0
Planning Commission Minutes
June 22, 2010
3. ANY RECOMMENDATIONS SUGGESTED BY THE CITY ENGINEER FOR DRAINAGE AND
SOIL EROSION CONTROL NECESSARY TO ENSURE THAT THE PROJECT HAS NO
IMPACT ON THE AREA.
4. A FENCE PERMIT SHALL BE SUBMITTED AND APPROVED PRIOR TO FENCE
INSTALLATION.
5. A BUILDING PERMIT SHALL BE SUBMITTED AND APPROVED PRIOR TO
CONSTRUCTION WORK ON THE SWIMMING POOL AND PATIO AREA.
6. ALL CONSTRUCTIONS ACTIVITIES MUST FOLLOW THE LAND DISTURBANCE
GUIDANCE DOCUMENT.
AYES 7
NAYS 0
Chair Lally advised the City Council would consider this application at its July 6, 2010, meeting.
PLANNING CASE #10 -22
Paster Enterprises (McDonalds Corporation)
2020 Dodd Road
Conditional Use Permit for a new side -by -side drive -thru
Planner Stephen Grittman explained that Paster Enterprises and RLK Incorporated, on behalf of McDonalds
Corporation, and Jane McKay are requesting approval of a conditional use permit (CUP) amendment in order to
update the existing drive -thru at the McDonald's Restaurant at 2020 Dodd Road. He used a site plan to identify the
subject site and location of the McDonald's Restaurant which is zoned B -4 Shopping Center and guided as MU-
PUD on the future land use plan. Mr. Grittman indicated that B -4 Shopping Center zoning accommodates fast food
restaurants with a CUP for drive - thrus. This site currently has a CUP for its drive -thru arrangement. Mr. Grittman
presented a diagram showing the proposed modification to the current drive -thru and explained that the Pasters are
co- applicants since the site gets access through the Mendota Plaza service road which will be changed to allow for
an additional drive -thru arrangement. It was noted the proposed revision would allow for a dedicated stacking lane
for the drive -thru that breaks into two menu board locations and then to the service area on the north side and exit
from the main access point. Another advantage is improved circulation because drive -thru traffic would be separate,
not part of the parking area. It also provides room for service vehicles to access the waste and bypass areas, for
other parking and service traffic around the drive -thru lanes.
Mr. Grittman explained that since the proposal requires modification of the existing CUP, a number of standards are
reviewed such as how the site complies with zoning requirements and potential impact to surrounding properties. In
this case, the only change is one of positive traffic circulation.
Mr. Grittman stated staff finds the application complies with review standards and recommends approval based on
the findings of fact identified in the staff report and condition that the vacant area in the northwest corner of the
parking lot be striped to replace parking stalls that will be eliminated for the added drive -thru lane.
Commissioner Field asked about additional signage. Mr. Grittman started the applicants propose resigning, which is
a separate consideration not related to the CUP amendment.
Commissioner Viksnins noted the property has an existing CUP for the current drive -thru and asked if the
consideration tonight is to have two drive -thru lanes. Mr. Grittman stated that is correct and explained that
substantive changes require consideration of a CUP amendment. If the changes are minor, such as a slight
relocation of the menu boards, it would not require a complete CUP amendment application. The application under
consideration also involves a change in site circulation so it requires a CUP amendment.
Aaron Hemquist, RLK Incorporated, stated he has no comments to add to staff's presentation. He noted the
attendance of Jane McKay.
Planning Commission Minutes
June 22, 2010
Chair Lally asked whether RLK Incorporated is representing Paster Enterprises. Mr. Hemquist answered in the
affirmative. Chair Lally noted the access to McDonalds restaurant is over Paster owned property and asked if Jane
McKay represents the owners. Mr. Hemquist stated that is correct and advised that cross access agreements are in
place and the drive -thru as proposed is consistent with the previously approved master plan for Mendota Plaza.
Commissioner McManus asked if the building is being repainted. Jean McKay explained the current roof is three
shades of red, not consistent in color, so it is being repainted.
Chair Lally opened the public hearing.
Seeing no one coming forward wishing to speak, Chair Lally asked for a motion to close the public hearing.
COMMISSIONER VIKSNINS MOVED, SECONDED BY COMMISSIONER MCMANUS, TO CLOSE
THE PUBLIC HEARING.
AYES 7
NAYS 0
COMMISSIONER VIKSNINS MOVED, SECONDED BY COMMISSIONER HENNES, TO
RECOMMEND APPROVAL OF PLANNING CASE #10 -22, CONDITIONAL USE PERMIT
AMENDMENT TO UPDATE THE EXISTING DRIVE -THRU LANE AT THE MCDONALD'S
RESTAURANT, 2020 DODD ROAD, SUBJECT TO THE FOLLOWING CONDITION:
1. THE VACANT AREA IN THE NORTHWEST CORNER OF THE PARKING LOT SHALL BE
STRIPED IN ORDER TO PROVIDE ADDITIONAL PARKING STALLS AND MAKE UP FOR
THE ELIMINATED PARKING STALLS.
AYES 7
NAYS 0
Chair Lally advised the City Council would consider this application at its July 6, 2010, meeting.
Verbal Review
Mr. Sedlacek gave the following verbal review:
PLANNING CASE #10 -12 Troy Troje Variance
• This application has been verbally withdrawn by the applicant and will be formally withdrawn. If needed,
Mr. Grittman stated staff can administratively extend the 60 -day rule and the Planning Commission take
action at its July meeting.
PLANNING CASE #10 -14 Clear Wireless, LLC Conditional Use Permit
• Tabled by the City Council since application is not yet complete.
PLANNING CASE #10 -15 Mark Johnson Critical Area Permit
• Approved by the City Council as recommended by the Planning Commission.
PLANNING CASE #10 -16 Dorothy Haffely Conditional Use Permit and Variance
• Approved by the City Council as recommended by the Planning Commission.
PLANNING CASE #10 -17 Crystal and Tracy Crocker Wetlands Permit
• Approved by the City Council as recommended by the Planning Commission.
PLANNING CASE #10 -18 Elizabeth Tetzlaff Conditional Use Permit
• Tabled by the Planning Commission and remains pending.
PLANNING CASE 410 -19 William Stein Wetlands Permit
• Approved by the City Council as recommended by the Planning Commission.
COMMISSIONER MCMANUS MOVED, SECONDED BY COMMISSIONER POVOLNY, TO ADJOURN
THE MEETING AT 7:28 P.M.
il
Planning Commission Minutes
June 22, 2010
AYES
NAYS
Respectfully submitted,
Carla Wirth, Recording Secretary