Loading...
2008-03-25 Planning Comm MinutesPlanning Commission Minutes March 25, 2008 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PLANNING COMMISSION MINUTES March 25, 2008 The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, March 25, 2008, in the Council Chambers at City Hall, 1101 Victoria Curve at 7:30 P.M. The following Commissioners were present: Chair Lally, Commissioners McManus, Norton, Povolny, Hennes, and Field. Those absent: Commissioner Viksnins. Those present were Civil Engineer Ryan Ruzek, Assistant to the City Administrator Jake Sedlacek, and Planner Carie Fuhrman. Minutes were recorded by Rebecca Shaffer. Approval of February 26, 2008 Minutes Commissioner Hennes moved, seconded by Commissioner McManus, to approve the minutes of February 26, 2008 as presented. AYES 6 NAYES 0 Hearings PLANNING CASE #08 -03 Daniel Saltzman 1921 Glenhill Road Critical Area Permit Mr. Sedlacek said the applicant has changed his application from a swimming pool to a hot tub. Mr. Sedlacek said Staff is seeking clarification to see if a critical area permit is still needed, and it is believed that it is. Staff recommends tabling this meeting until this is found out, and give Mr. Satlzman a letter giving him a 60 -day extension. Commissioner Field moved, seconded by Chair Lally, to table Case No. 08 -03 until the next Planning Commission Meeting pending discussion with Staff as to whether an application is necessary for a hot tub. AYES 6 NAYES 0 PLANNING CASE #08 -07 Betty Schuster 1900 Wachtler Avenue Lot Split Planner Carie Fuhrman reviewed a map showing the location of 1900 Wachtler Avenue, which is a single family parcel, guided low density residential, and occupied by a single family home in the R -1 single family residential. Ms. Fuhrman said Ms. Schuster is requesting a lot split to create one additional lot. The existing lot is approximately 36,870 sq. ft. and the subdivision would result in two lots consisting of 20, 395 sq. ft. and 16,475 sq. ft. The original lot was 1.4 acres, or 60,740 sq. ft. and in November, 2006, a lot split was approved by the City Council. That subdivision created lot consisting of 22, 874 sq. ft. located on the corner of Hilltop Road and Wachtler Avenue. The second lot is the subject of this request. Planning Commission Minutes March 25, 2008 Ms. Fuhrman said reviewed a site map showing the lot that was split in 2006, and one that shows the lot today. The City's subdivision ordinance permits a subdivision of lots provided that the resulting lots are compliant with all aspects of the zoning ordinance. The parcels being created, including the one of the parcels in the middle and contains a house, as well as the new parcel, will meet all zoning requirements including the lot area, lot width, and setbacks. The front yard setback for the lot proposed to the south of the lot with the existing home must have setbacks that comply with the requirements known as the "string rule ". The applicants have demonstrated that they will adhere to this requirement. The subject site is immediately surrounded by a large single family lot consisting of approximately one acre in size. Ms. Fuhrman said the proposed lots will be smaller in size than lots currently in the area. At the same time, all the properties are zoned R -1 and the subdivision has demonstrated conformity with this district. Ms. Fuhrman said following the Schusters request for a subdivision in 2005, the City undertook a study relating to the subdivision and parcels in neighborhoods of large lots. The overall options were considered but the Council did feel that these changes were not in keeping with the character of the neighborhood and therefore, decided not to change the lot size requirements. As a result, the Schusters completed the previous subdivision, and are now proposing a subdivision of this southern lot. Staff recommends approval based on the finding that the proposed lot split does meet requirements of the subdivision ordinance, the zoning ordinance, and the comprehensive plan subject to the following five conditions: 1. Park and trail dedication requirements shall be satisfied as a cash fee in lieu of land. Such fee shall be paid prior to issuance of a building permit. 2. Connection charges for street, sanitary sewer, and water main shall be paid prior to issuance of a building permit. 3. The applicant shall submit grading/topography plans and utility plans, subject to review and approval of the City Engineer. 4. The applicant shall dedicate 10 -foot wide drainage and utility easements along the front property lines and 5- foot wide drainage and utility easements along the rear property line. 5. If it is deemed necessary, the applicant shall enter into a development agreement with the City and pay all applicable fees and securities. The development contract is subject to review and approval of the City Attorney. Commissioner McManus said other than the fact that the map is situated about 90° out of sync with the real north, he has no comments or questions. Chair Lally asked if these five conditions would apply to anyone else in the city that would develop this lot. Ms. Fuhrman said that was correct. Chair Lally asked if there were already drainage and utility easements across this property. Ms. Fuhrman said there is, but Staff wanted to reiterate this point. Betty Schuster, 1900 Wachtler, added that the frontage for the smaller lot is 110 ft. and the other lot is 136 ft. Ms. Schuster said she waited until the infill study and moratorium was completed before proceeding with this request. At the time, she decided not to split, but now she has changed her mind. Commissioner Hennes asked if the applicant was planning on selling the house. Ms. Schuster said she was not sure. 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 Hennes, to close the public hearing. Planning Commission Minutes March 25, 2008 AYES 6 NAYES 0 Commissioner McManus moved, seconded by Commissioner Povolny, to approve the lot split with the addition of the conditions sited by the Planner. Further Discussion Commissioner Field said he was concerned about these three lots abutting a large single lot, and given the implacable zoning, he has no choice but to vote to approve. Ms. Fuhrman said the zoning ordinance allows this type of action as it meets all requirements. Unless anyone has a compelling reason to not approve this, there is no reason why it should not be approved. Chair Lally said there have been past discussions regarding what is the minimum lot size and the City Council and the Planning Commission looked at options to increase the minimum lot size in the R -1 district, and the final decision was to keep it at 15,000 sq. ft., and to keep this area zoned R -1. AYES 6 NAYES 0 PLANNING CASE 408 -08 St. Thomas Academy Conditional Use Permit Ms. Fuhrman shared a map showing the location of 949 Mendota Heights Road, and reviewed the application from St. Thomas Academy for a conditional use permit and a wetlands permit to install a new synthetic turf field containing a perimeter curb and sub drainage system on the interior of the track, to repair and resurface the existing athletic track, and to expand the existing storm water management pond located south of Mendota Heights Road. Ms. Fuhrman said a wetlands permit is required for the expansion of the existing storm water management pond as the storage volume of the pond is being expanded in order to accommodate additional storm water runoff from the interior of the athletic track. A conditional use permit is required for the movement of more than 400 cubic yards of land. The live storage volume of the storm water pond will be increased by 620 cubic yards in order to accommodate the additional run off from the track. Staff recommends approval of the conditional use permit and the wetlands permit subject to the conditions in the Planners Report, as the proposed expansion will not interfere with the water quality of the wetland area and will not adversely impact the surrounding environmental, public health, safety, or welfare. Commissioner Hennes asked for clarification on how much large the pond will be. Ms. Fuhrman indicated on the map how the pond will look. Commissioner Povolny asked if the new surface will absorb water. Mr. Ruzek said with the new synthetic turf, there will be some infiltration. There is a drain tile system that will collect the water and it is anticipated that there will be some infiltration to the underlying soils. Commissioner McManus asked if the pond will be expanded by digging out some of the soil. Mr. Ruzek said there will be about 620 cubic yards taken off the site. Commissioner McManus asked Mr. Ruzek if he is assured that there will be no impact on the adjacent wetlands. Mr. Ruzek said currently all the surface water flows to the south and will not affect this area. Planning Commission Minutes March 25, 2008 Ms. Fuhrman said the applicant has included additional information as far as soil maps, classifications, and rain fall /runoff information for erosion control. Chair Lally said he and Commissioner Norton are graduates of St. Thomas Academy, and Commissioner Hennes lives within the noticed area. Mr. Paul Solmon, Director of Facilities at St. Thomas Academy, reviewed an aerial photo and explained how the work will be done. Commissioner Hennes asked Mr. Solmon if he anticipates putting artificial turf in some of the other fields, and what are the plans for the bubble site. Mr. Solmon said artificial turf was discussed for the baseball field as at this point, this was ruled out from a financial standpoint, and it may come up again if funds become available. Commissioner Hennes said he works at the University of St. Thomas and said once the academy puts in artificial turf, they will want to do more. Commissioner McManus asked if there is any increased hazard to children or anyone who happens upon that pond. Mr. Solmon said there are currently no fences separating Mendota Heights Road from the pond. Mr. Solmon said he does not know how deep the pond is. Mr. Solmon said he does not feel there is any hazard to people in the area. Commissioner McManus recommended that the school give some thought to this potential. Chair Lally asked if this was a natural wetland or manmade. Mr. Solmon said this was constructed for storm water. Chair Lally asked if there is any concern with MnDOT. Mr. Ruzek said this pond was constructed for the academy and is completely on their property. With the increase of the pond size, the actual discharge from the pond into the right of way is going to be unchanged, and there should not be any issues. 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 Hennes moved, seconded by Commissioner Norton, to close the public hearing. AYES 6 NAYES 0 Commissioner Field moved, seconded by Commissioner Norton, to recommend approval of the Conditional Use Permit and Wetlands Permit in accordance with the Staff recommendations. AYES 6 NAYES 0 PLANNING CASE #08 -09 Walter Awada / Tad Anzion 760 and 766 Upper Colonial Drive Lot Line Adjustment and Variance Ms. Fuhrman reviewed a map showing the location of 760 and 766 Upper Colonial Drive. The applicants are requesting a lot line adjustment. There is an encroachment of the Anzion property onto the Awada property. The Awada's have agreed to execute a deed conveying a strip of land to the Anzion's in order to resolve the encroachment. Planning Commission Minutes March 25, 2008 A variance is also required as the Awada's resulting lot width will be approximately 85.8 feet, which is less than the required 100 feet. A variance is also required as the Awada's resulting lot size will be approximately 14, 327 sq. ft., which is less than the required 15,000 sq. ft. Ms. Fuhrman said it appears from the survey that the overhang of the Anzion house may encroach over the Awada's property, and demonstrated on the site plan how the property lines will appear. Ms. Fuhrman said the strip of land is 11.26 feet in width along the front property line and extends to the rear of the Awada property to 3.5 feet in width. Ms. Fuhrman said the Awada's previously has tried to do a lot line adjustment with the property owner to the east, however those property owners did not agree to a lot line adjustment but did agree to an easement and the City has asked for copies of the easement for their record. Ms. Fuhrman said the submitted survey indicates that the existing lot width of the Anzion parcel is 90.06 feet and the Awada property is 97.03 feet. The lot width of and Anzion property will be reduced to approximately 85.8 feet as a result of the adjustment, which will make a non - conforming situation worse, therefore requiring a variance. Ms. Fuhrman said the survey indicates that the existing area of the Anzion property was 18,780 sq. ft. and the existing area of the Awada property was 15, 460 sq. ft., both of which meet the current requirement of 15,000 sq. ft. The Awada property will be reduced to approximately 14, 327 sq. ft. which will not meet the 15,000 sq. ft. requirement. Ms. Fuhrman said the conditions that constitute the variance are long standing survey mistakes that resulted in the construction of buildings which encroached into the other properties. To correct this situation, the only alternatives are relocation of the lot lines or removal of portions of the buildings. The Anzion's and the Awada's are the only affected property owners and the relocation of the lot lines are the best solution and has been agreed to by both parties, and Staff is recommending approval of the lot line adjustment and variance. Chair Lally asked when these houses were built. Mr. Anzion said 1963. Mr. Tad Anzion (766 Upper Colonial Drive) and Mr. Walter Awada (760 Upper Colonial Drive) were present to answer questions. Mr. Anzion said this was originally discovered when Mr. Awada wanted to add on an addition to his home. Mr. Awada said about 10 years ago, they wanted to put a three season porch off the bedroom and when he went to get the permit, it was discovered that the Awada's were infringing on the Weinblatt property (754 Upper Colonial Drive) and so the addition was declined. Mr. Awada said at that time, he got all the neighbors together to try to work this out and he and Mr. Anzion were the only ones that were cooperating. The four houses (Stasny — 750 Upper Colonial Drive, Weinblatt — 754 Upper Colonial Drive, Awada — 760 Upper Colonial Drive, and Anzion — 766 Upper Colonial Drive) are all infringing on one another. The City instructed these property owners to work it out and it never happened. Mr. Anzion said he is willing to purchase this property from Mr. Awada to fix the problem between the two properties. Commissioner Field asked both the applicants that this will, to the best of their knowledge, resolve all issues along this side of their properties. Mr. Awada said both properties will be legal, but the Weinblatt's and Stasny's have issues. Mr. Sedlacek explained on the site plan how the other properties come into play and the City sold the Stasny's some of their property. The City, at that time, hoped that this would correct all these problems. Chair Lally asked if it is anticipated that a request in the future to rectify the lot lines between the other two homes. Mr. Sedlacek said the City cannot require that, but have tried to encourage this as much as possible. Planning Commission Minutes March 25, 2008 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 6 NAYES 0 Commissioner Norton moved, seconded by Commissioner Hennes, to recommend approval of the lot line adjustment and variance as presented. AYES 6 NAYES 0 Verbal Review Planning Case No. 08 -04 Lacina Critical Area Permit • Approved by the City Council as recommended by the Planning Commission. Planning Case No. 08 -05 City of Mendota Heights Wetlands Permit • Approved by the City Council as recommended by the Planning Commission. Planning Case No. 08 -06 City of Mendota Heights Conditional Use Permit • Approved by the City Council as recommended by the Planning Commission. Mr. Sedlacek reviewed the following items that were not on the agenda. • Mendota Plaza is anticipating a redevelopment, and has told Staff that they are anticipating a submission on March 31" and will be before the Planning Commission in April. It is understood that they will be providing a preliminary plat and PUD rezoning. • Staff is hoping to have the comprehensive plan available for review at the April Planning Commission. Commissioner Norton moved, seconded by Commissioner Hennes, to adjourn the meeting at 8:10 pm Respectfully submitted, Rebecca Shaffer, Recording Secretary