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2010-10-26 Planning Comm MinutesPlanning Commission Minutes October 26, 2010 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PLANNING COMMISSION MINUTES October 26, 2010 The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, October 26, 2010, in the Council Chambers at City Hall, 1101 Victoria Curve at 7:00 P.M. The following Commissioners were present: Chair Povolny, Commissioners Field, Hennes, McManus, Norton, 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 Carla Wirth. Annroval ofSentember 28. 2010. Minutes COMMISSIONER HENNES MOVED, SECONDED BY COMMISSIONER NORTON, TO APPROVE THE MINUTES OF SEPTEMBER 28, 2010, AS PRESENTED. AYES: 6 NAYS: 0 Hearinzs PLANNING CASE #10 -30 Daniel and Jodi Saltzman 1921 Glenhill Road Critical Area Permit to enclose an existing second floor deck Planner Stephen Grittman presented the application of Daniel and Jodi Saltzman for a critical area permit to allow the construction of a home addition in the rear (west) yard of their property at 1921 Glenhill Road. The subject site is zoned R -1, Single Family Residential, and occupied by a single family home. The property is within the critical area so any land alteration or construction that changes the bulk of structure requires a critical area permit. The intent of the ordinance is to protect the environment surrounding the river corridor and primarily of concern are views of the river, from the river, and natural conditions adjacent to the bluff lands. Mr. Grittman displayed a site plan depicting the subject site and explained the applicants wish to enclose an existing second floor deck converting it to interior living space for a master bathroom addition. The existing deck measures approximately 200 square feet. The building would meet all setback requirements and create no bluff or land impacts. Staff finds the application meets the intent of the critical area ordinance and recommends approval as submitted. Commissioner McManus noted the open deck already has a roof so there should not be much difference in impervious surface. Mr. Grittman concurred. Commissioner Viksnins referenced a condition to clarify impervious surfaces. Mr. Grittman explained that when the staff report was written, the site inspection had not yet occurred. The site inspection has now been completed and it was determined there would be no difference in impervious surface. Daniel Saltzman, 1921 Glenhill Road, applicant, explained this project would enclose an upper second floor deck to create more living space. Chair Povolny opened the public hearing. Seeing no one coming forward wishing to speak, Chair Povolny asked for a motion to close the public hearing. Planning Commission Minutes October 26, 2010 COMMISSIONER VIKSNINS MOVED, SECONDED BY COMMISSIONER MCMANUS, TO CLOSE THE PUBLIC HEARING. AYES NAYS COMMISSIONER NORTON MOVED, SECONDED BY COMMISSIONER VIKSNINS, TO RECOMMEND APPROVAL OF A CRITICAL AREA PERMIT AS REQUESTED SUBJECT TO THE FOLLOWING CONDITIONS: 1. EXTERIOR FINISH MATERIALS OF THE PROPOSED HOME ADDITION (DECK CONVERSION) MATCH THE EXISTING HOME IN COLOR. AYES 6 NAYS 0 Chair Povolny advised the City Council would consider this application at its November 2, 2010, meeting starting at 8:30 p.m. PLANNING CASE #10 -31 Richard Nelson 796 Havenview Court Wetlands Permit for a fence Planner Stephen Grittman presented the application of Richard Nelson for wetlands permit to install a fence in the rear yard of his property at 796 Havenview Court. The subject site is zoned R -1, Single Family Residential, and occupied by a single family home. The applicant is completing a landscaping project in the rear portion of the property. He used a map to identify the edge of the wetland and explained that the wetlands ordinance requires that any land alteration or construction within 100 feet of a designated wetland requires a wetlands permit approving the construction to assure no activity would negatively impact the water quality or function of the wetland. Mr. Grittman displayed a site plan depicting the subject site and location of the proposed fence. He also displayed photographs of the intended fence design and location of the fence and wetland. The engineering staff recommended the area between the fence and wetland remain in natural native plantings and landscaping. The applicant has completed a number of those plantings. Mr. Grittman stated the fence will have little impact on the land and is consistent with the requirements of the wetland ordinance. Staff recommends for approval subject to the conditions detailed in the staff report. Richard Nelson, 796 Havenview Court, applicant, introduced himself and indicated the fence will be about 50 feet removed from the pond and reside on the top of the hill that slopes to the pond. He stated that he had applied for and received a wetlands permit in 2006 to plant native wildflowers on the hill. This fence will be on the grassy area and only enclose the upper area of the hill, tied to the house. Commissioner Hennes referenced the applicant's submittal that mentioned two Dakota County court appearances. Mr. Nelson explained that he had moved to Mendota Heights from Georgia in 1995 and was oblivious of the need to apply for a permit to do landscaping. He had spent about eight years, on weekends, moving dirt and one of his neighbors turned him in. That lead to the court appearances and subsequently he made application for and received the wetlands permit. Mr. Nelson stated he had hired Minnesota Native Landscape Company to complete that project. Commissioner Viksnins asked Mr. Nelson if he supported the condition of approval requiring native plantings. Mr. Nelson answered in the affirmative. Chair Povolny opened the public hearing. 2 Planning Commission Minutes October 26, 2010 John Deslauriers, 790 Havenview Court, stated he lives to the east and does not like the appearance of a fence in the proposed location. Scott Beaty, 800 Havenview Court, stated he lives to the west, did not move to Mendota Heights to see a fence, and is not sure why the fence is needed. He asked if there is any other way than to install a physical fence because it will interrupt his pond view from the ground level. Mr. Beaty stated he understands there are property rights but would like consideration of an underground fence if the intent is to contain a dog. Commissioner McManus asked if he had made that request of the applicant. Mr. Beaty stated he had not because the applicant has not lived there for the last year. Commissioner Norton noted the applicant has the right to install a fence if it meets code requirements but the neighbors could speak to the applicant in an attempt to reach a friendly resolution. Seeing no one else coming forward wishing to speak, Chair Povolny asked for a motion to close the public hearing. COMMISSIONER MCMANUS MOVED, SECONDED BY COMMISSIONER NORTON, TO CLOSE THE PUBLIC HEARING. AYES 6 NAYS 0 COMMISSIONER NORTON MOVED, SECONDED BY COMMISSIONER VIKSNINS, TO RECOMMEND APPROVAL OF THE WETLANDS PERMIT AS REQUESTED SUBJECT TO THE FOLLOWING CONDITIONS: 1. THE AREA BETWEEN THE FENCE AND WETLAND EDGE REMAIN AS A BUFFER AREA WITH NATIVE VEGETATION; AND 2. THE APPLICANT SHALL RECEIVE A FENCE BUILDING PERMIT PRIOR TO INSTALLATION OF THE FENCE. AYES 6 NAYS 0 Chair Povolny advised the City Council would consider this application at its November 2, 2010, meeting starting at 8:30 p.m. PLANNING CASE #10 -32 Robert and Katherine Thompson 979 Caren Court Critical Area Permit for a fence Planner Stephen Grittman presented the application of Robert Thompson for a critical area permit to allow the installation of a fence within the rear yard of his property at 979 Caren Road. The subject site is zoned R -1, Single Family Residential, and occupied by a single family home. The property is within the Mississippi River Critical Area so construction of a fence requires a critical area permit. Mr. Grittman displayed a site plan of the subject site and explained that the fence is proposed along the west property line to the rear yard area. The critical area ordinance encourages the use of natural materials and the applicant proposes to construct a cedar -style fence with one inch spacing between slats. Mr. Grittman stated staff finds the proposed fence construction consistent with the critical area ordinance and that it will not create any impacts to slopes. Staff recommends approval subject to the applicant verifying with the building official that the fence meets the code requirement to be at least 30% open. Robert Thompson, 979 Caren Road, applicant, stated they have a small miniature dog that needs to be contained within a fenced yard. Since the dog is so small, the veterinarian recommended against an underground electrical fence. Mr. Thompson advised that one inch spacing will comply with the code requirement for 30% openness. Planning Commission Minutes October 26, 2010 Commissioner McManus urged the applicant to be sure the fence meets code requirements because it will be enforced. Mr. Thompson stated they will assure the fence complies. Commissioner McManus thanked the applicants for the tour of their property. Chair Povolny opened the public hearing. Seeing no one coming forward wishing to speak, Chair Povolny asked for a motion to close the public hearing. COMMISSIONER FIELD MOVED, SECONDED BY COMMISSIONER VIKSNINS, TO CLOSE THE PUBLIC HEARING. AYES 6 NAYS 0 COMMISSIONER VIKSNINS MOVED, SECONDED BY COMMISSIONER NORTON, TO RECOMMEND APPROVAL OF THE CRITICAL AREA PERMIT AS REQUESTED SUBJECT TO THE FOLLOWING CONDITIONS: 1. THE APPLICANT SHALL RECEIVE A FENCE BUILDING PERMIT PRIOR TO INSTALLATION OF THE FENCE; AND 2. THE FENCE SHALL MEET THE REGULATIONS ESTABLISHED IN SECTION 12 -1D -6, INCLUDING THE 30% OPEN DESIGN REQUIREMENT. AYES 6 NAYS 0 Chair Povolny advised the City Council would consider this application at its November 2, 2010, meeting starting at 8:30 p.m. Verbal Review Assistant to the City Administrator Sedlacek gave the following verbal review: PLANNING CASE #10 -27 Thomas Ademite Conditional Use Permit • Approved by the City Council as recommended by the Planning Commission. PLANNING CASE #10 -28 Karry and Lisa Knoll Wetlands Permit • Approved by the City Council as recommended by the Planning Commission. PLANNING CASE #10 -29 Jane Freeman Critical Area Permit • Approved by the City Council as recommended by the Planning Commission. Commissioner Hennes asked if the Council had made any comment about the Planning Commission's concerns with variance issues and if they would consider a joint discussion. Mr. Sedlacek advised that the Council would prefer to meet after the first of the year when the newly elected Council is seated. He stated he will be asking all Council Members, Planning Commissioners, and planning staff to attend the League of Minnesota Cities web training regarding variances to reduce the cost to the city in the event of a legal case. Chair Povolny asked if receiving this training will reduce the city's insurance premiums. Mr. Grittman explained that if enough people from the city complete this training, a discount on insurance premiums will be offered. Chair Povolny asked how long the training sessions will last. Mr. Sedlacek stated he does not know and will provide additional information to the Commission as it becomes available. Election of Plan ninQ Commission Vice Chair 2 Planning Commission Minutes October 26, 2010 Commissioner Field commented on the need to appoint new officers with the resignation of Chair Joe Lally. He noted that Mike Povolny has assumed the office of Chair but would suggest that a Vice Chair be elected in the event of Chair Povolny's absence. COMMISSIONER FIELD MOVED, SECONDED BY COMMISSIONER VIKSNINS, TO ELECT COMMISSIONER NORTON AS VICE CHAIR WITH A TERM EXPIRING DECEMBER 31, 2010. AYES 6 NAYS 0 Mr. Sedlacek advised that due to term limits, Bruce McManus' term will expire at the end of this year. Commissioner Hennes asked about the application process for the Planning Commission. Mr. Sedlacek advised of current Commission vacancies and stated the city is accepting applications and letters of interest until December 10, 2010. Adiourn COMMISSIONER NORTON MOVED, SECONDED BY COMMISSIONER FIELD, TO ADJOURN THE MEETING AT 7:29 P.M. AYES NAYS Respectfully submitted, Carla Wirth, Recording Secretary 5