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2008-06-24 Planning Comm MinutesPlanning Commission Minutes June 24, 2008 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PLANNING COMMISSION MINUTES June 24, 2008 The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, June 24, 2008, in the Council Chambers at City Hall, 1101 Victoria Curve at 7:30 P.M. The following Commissioners were present: Chair Lally, Commissioners Norton, Povolny, Hennes and Field. Those excused: Commissioner McManus and Viksnins. Those present were Civil Engineer Ryan Ruzek, Assistant to the City Administrator Jake Sedlacek, and Planner Steve Grittman. Minutes were recorded by Rebecca Shaffer. Approval of May 27, 2008 Minutes Mr. Sedlacek apologized that the minutes were not in the packet and passed out copies of the May 27, 2008 minutes. Commissioner Field moved, seconded by Commissioner Norton, to table the approval of the minutes of May 27, 2008 to the July meeting. AYES 5 NAYES 0 Hearings PLANNING CASE #08 -16 Ross Anderson 2498 Pond Circle E Variance Mr. Grittman reviewed a map showing the location of 2498 Pond Circle E, which contains an existing home. The applicant is seeking a variance to the required side yard setback. Mr. Grittman said this is a corner lot and the applicant is requesting a variance to allow an extension to construct a handicap accessible ramp to the home. Mr. Grittman showed a drawing indicating how the ramp will run along the back of the home. The ramp is proposed to be set back approximately 14'l 1 " from the side property line /right of way of Mendota Heights Road. Mr. Grittman said without this handicap accessible ramp, the applicant would have no way to access the home and there are no other reasonable alternatives. Mr. Grittman said Staff recommends approval of this request for variance. Commissioner Povolny asked why the applicant could not move the ramp to run along side of the home. Mr. Grittman said it is because of the amount of ramp is needed, and there needs to be more room to accommodate the grade of that ramp. Mr. Colin Peterson, of McPete Drafting and Design, spoke on behalf of the applicant. Mr. Peterson said originally, it was discussed to put the ramp inside the garage but this option would not have enough room for the proper pitch of the ramp and the car could not be parked in the garage either. Mr. Peterson said Mrs. Anderson suffers from MS and is in need of a wheelchair or scooter to get around. Chair Lally opened the public hearing. Seeing no one coming forward wishing to speak, he asked for a motion to close the public hearing. Commissioner Field moved, seconded by Commissioner Povolny, to approve close the public hearing. AYES 5 NAYES 0 Planning Commission Minutes June 24, 2008 Commissioner Field moved, seconded by Commissioner Hennes, to approve the variance to accommodate the handicap accessibility as presented in the Planners Report. AYES 5 NAYES 0 PLANNING CASE #08 -17 Keith Ostrosky 1680 Lexington Avenue Variance Mr. Grittman reviewed the variance request for a side yard setback and a Critical Area Permit for the property located at 1680 Lexington Avenue, The applicant is seeking to construct a bedroom over the existing garage and for the construction of a three stall garage. The Critical Area Permit is needed to correct a drainage problem on the property. The applicant is seeking to add additional living space by proposing a bedroom over the existing garage, which is located within the required 10 ft. side yard setback. Mr. Grittman noted that this garage is a non - conforming use. Mr. Grittman said the city has over the years, received requests for redevelopment of this property, particularly for multi family. Mr. Grittman said this home, which sits on a very large lot, has been vacant for years, and now the new owner wishes to make these improvements. Mr. Grittman said there is little buildable area due to the topography. Mr. Grittman indicated how the driveway is located and said there are multifamily homes located next door to the south which is actually in the City of Lilydale. Mr. Grittman said Staff believes there are very few options to develop this site as there are unique conditions, and recommends approval of the proposed variance and the Critical Area Permit as presented. Staff also feels the applicant has been going through some steps to ensure the protection of the critical area. Commissioner Hennes asked if the house was visible this time of year. Mr. Grittman said only slightly from the driveway. Commissioner Hennes asked if the neighboring driveway accesses off Sibley Memorial Highway. Mr. Grittman said that was correct. Chair Lally asked how large the lot was. Mr. Grittman said he believes it is 2'/z acres, and about 10% of the property is buildable. Commissioner Povolny said he is glad to see someone doing something with this house. Mr. Keith Ostrosky, 1680 Lexington Ave So, explained that the pad he plans to build on is less than 28 -ft wide, and the side yard is the only place to go. Mr. Ostrosky said the foundation is already there and he is not going to build higher than the existing roof line. Commissioner Norton said he previously visited the property when it was for sale and said it has a lot of potential. Commissioner Hennes asked Mr. Ostrosky if he was the new owner. Mr. Ostrosky said that was correct and intends to live there. Chair Lally opened the public hearing. Ms. Joan Olin, City Administrator for the City of Lilydale, said she is there on behalf of the Mayor of Lilydale. Ms. Olin referred to the small parcel on Sibley Memorial Highway, south of Mr. Ostrosky's property that is owned by the City of Lilydale. Ms. Olin said this parcel, which is currently for sale, is located within the critical area. Ms. Olin said that previously, Councilmember Krebsbach had said that this parcel, although less than an acre, is a very significant piece of land consisting of green space which keeps all those areas a natural bluff line. Councilmember Krebsbach was also quoted to say that because of this, Mendota Heights continues to be distinctive from St. Paul and adds to the value of Lilydale, and has a unique opportunity which Lilydale has not exercised. Mr. Olin said she questions why Mr. Ostrosky should be granted a variance to build more on his property when the City of Mendota Heights is saying that the City of Lilydale should be not allowed to build on their small piece of property. Ms. Olin said this application will increase impervious surface, leading to increased runoff. Chair Lally said according to the Planners Planning Commission Minutes June 24, 2008 Report, there should be no increased impervious surface and runoff. Chair Lally said it may be better to have Councilmember Krebsbach speak to any comments she made. Ms. Olin said the City of Lilydale, nor the residents in the townhomes (Lexington Overlook) next to this property, which is located in the City of Lilydale, has not been notified of this application. Mr. Sedlacek said there should have been a letter sent to the Lilydale clerk and that had not been done, and that the absence of these notices should not invalidate the public hearing. The notice did go in the legal paper, but as due to a clerical error on Staff's part, the notification did not go to the City of Lilydale. The Lilydale property referenced by Ms. Olin is not the subject of this hearing, but is vacant, while the subject property is already improved with an existing home. Ms. Olin said the City of Lilydale has no objection to Mr. Ostrosky's application, but simply wanted to let the City of Mendota Heights realize that there is development going on in the critical area. Ms. Nancy Gerber, 1080 Douglas Road, said she is the closest neighbor, and was notified, and has no problem with this application. Mr. Mike Bisanz, Bisanz Brothers Development Company, and property manager of Overlook Condominiums. Mr. Bisanz said there are 45 property owners in Overlook Condominium, which is located just about 5 -ft from this house. Mr. Bisanz said he was told that Ms. Olin hand delivered the news late last night and rumors were going around. Mr. Bisanz said he and about 5 residents from the condominium came to City Hall to get more information. Mr. Bisanz said he believes given the short notice, that none of the condominium owners will be taking a stand on this. Mr. Bisanz said there is a concern about the encroachment on the driveway on their property as well as the visibility of the home. Mr. Bisanz also questioned the condition of the existing retaining wall. Commissioner Field asked Mr. Bisanz if it would be correct to say that the residents in Overlook Condominiums have now been properly notified. Mr. Bisanz said that was correct. Mr. Ostrosky said there will be no trees removed, and that he only needs to cut back some limbs over the home. Mr. Ostrosky said he will be extending the roof line, which will be lower than the existing house, and reshingling the roof. Chair Lally referred to the issue of the encroachment of the driveway and asked if there are any easements. Mr. Ostrosky said he believes there is, and if he changed the driveway, that easement would go away. Chair Lally asked Mr. Ostrosky to verify this information for the City Council meeting. Seeing no one else come forward wishing to speak, he asked for a motion to close the public hearing. Commissioner Norton moved, seconded by Commissioner Hennes, to approve close the public hearing. AYES 5 NAYES 0 Chair Lally said it would seem to him that there is a bunch of people that would seem to have an interest in what is going on and should have received some notice. As a result, he offered to entertain a motion to table the application until the July Planning Commission meeting to permit the required notice. Commissioner Field said it seems that the residents in Overlook Condominiums have been apprised of this application and suggested Staff hand delivering a summary of this discussion and application to those residents. Mr. Sedlacek said that will be taken care of Commissioner Norton moved, seconded by Commissioner Povolny, to recommend approval of the variance and Critical Area Permit as presented with the findings as outlined in the Planners Report. AYES 5 NAYES 0 Commissioner Field asked if Commissioner Norton would accept a friendly amendment that the applicant not disturb the vegetation and provide adequate screening. Mr. Ostrosky said he is also very willing to plant more trees for screening Planning Commission Minutes June 24, 2008 Mr. Norton accepted the friendly amendment. AYES NAYES PLANNING CASE #08 -18 Todd Hulse 754 Woodridge Drive Preliminary and Final Plat Mr. Grittman shared a map showing the location of 754 Woodridge Drive, with is a single family home, in the R -1 zoning district. Mr. Grittman said the applicants are requesting a lot split of the existing property which is 4.29 acres in area. Mr. Grittman said the proposed Lot 1 would consist of 2.54 acres and Lot 2 would consist of 1.75 acres. Mr. Grittman said the applicants are seeking approval of a preliminary and final plat known as "Ivy Ridge Addition ". The proposed house pad on Lot 2 meets all applicable setback requirements and the plat proposed the required 100 -ft of lot width/frontage on Sibley Memorial Highway. Mr. Grittman said there are no plans for a home on Lot 2 at this time and reviewed how a proposed home would be located and how the driveway would run along the property line. Mr. Grittman reviewed the conditions outlined in the Planners Report, and recommends approval of the Preliminary and Final Plat request, based on the finding that the proposed plat meets the requirements of the Subdivision and Zoning Ordinance with regards to lot width and area. Commissioner Povolny asked for clarification of the location of the sewer and water that would come into Lot 2. Civil Engineer Ryan Ruzek indicated how this would be done, requiring no lift stations. Commissioner Norton asked if the driveway for Lot 2 cuts across a right of way. Mr. Grittman indicated where the driveway would be located in connection to the right of way and said there is adequate setback for this driveway. Chair Lally asked about the park dedication fee. Mr. Sedlacek said the park dedication fee is $2,700. Chair Lally asked if some of the property, which is large and partially in the critical area bluff line, be used in lieu of a cash donation. Mr. Grittman said it is more common to take the cash dedication. Mr. Sedlacek said the Parks Department has moved away from accepting any small parcels and only will take land if it is connected to an existing park system. Mr. Piper, the resident at 741 Knollwood explained the location of the creek bed alongside of the Hulse property and was told that this area at one time was going to be a park. Chair Lally asked for clarification on who owns that parcel. Mr. Ruzek verified that this parcel in the ravine immediately adjacent to the Hulse property was owned by the city. Chair Lally asked how many lots could be legally placed on this parcel. Mr. Grittman said three could be possible. Commissioner Field said he is concerned that more information is being reviewed than necessary as the application is for a lot split, and there has been no intention of building on a new lot at this time. Commissioner Field said he wanted to be sure that nobody inferred that this was an approval of the proposed setting of home on the proposed second lot. Mr. Grittman said these discussions are necessary because of the parcel being in the critical area. Commissioner Povolny asked how flat this area is, and Mr. Grittman indicated how the property slopes about 6 to 8 feet. The driveway will be a slight incline. Mr. Quincy Morton, civil engineer at Loucks Associates, is the representative for the Hulses. Mr. Morton explained reviewed the topography of the area. Mr. Morton reviewed the site plan and indicated where the trees are located, all staying except two. Planning Commission Minutes June 24, 2008 Commissioner Norton asked for clarification that the existing access to Lot 1 is actually an easement and asked if there is any idea that this may be changed in the future. Mr. Morton said that it will not be. Commissioner Hennes asked for some idea of what kind of home can be placed on Lot 2. Mr. Morton explained how a two story walkout could be accommodated. Chair Lally opened the public hearing. Mr. Richard Cammack, 734 Woodridge Drive, said he would be affected the most, and will not object to this lot split, but he is concerned that a huge old white pine tree is taken out. Ms. Diane Siegal, 727 Woodridge Drive, asked for clarification of where the driveway is going to be located. Mr. Morton indicated where the driveway will be located. Ms. Siegal said the residents living by the bluff have great concerns about people falling down that bluff line and keeping up the maintenance on the bluff line. Ms. Kathy Russell, 716 Maple Park Ct, said she is worried about the drainage in that area and asked who will maintain Lot 2. Chair Lally said it is his understanding that the owner of that property will maintain it. Ms. Russell said she is not crazy about the new lot split. Chair Lally said he visited the area, and complimented Ms. Russell on her new addition. Mr. Tom Peine, 706 Maple Park, said he has no objection to a house being built, and talked about two homes being built very close to the bluff line. Mr. Peine said residents that build along the bluff line affect more than themselves, but the property owners around them. Seeing no one else come forward wishing to speak, he asked for a motion to close the public hearing. Commissioner Norton moved, seconded by Commissioner Hennes, to approve close the public hearing. AYES 5 NAYES 0 Commissioner Field referred to the narrow strip that will serve as the Lot 2 driveway and asked if this is fairly typical. Mr. Grittman said it is adequate for emergency vehicles. Commissioner Hennes moved, seconded by Commissioner Field, to recommend approval of the preliminary and final plat as presented with the conditions as outlined in the Planners Report. AYES 5 NAYES 0 Verbal Review Planning Case No. 08 -12 Alltech Engineering Variance • The Planning Commission voted 3 -1 to deny this application. The applicant then provided more information to the City Council and was then approved by the City Council on a 3 -1 vote. Planning Case No. 08 -13 Brian Krisko Critical Area Permit • Approved by the City Council as recommended by the Planning Commission. Planning Case No. 08 -14 Russell Rider Variance • Approved by the City Council as recommended by the Planning Commission. Planning Case No. 08 -15 TTM Conditional Use Permit • Approved by the City Council as recommended by the Planning Commission. Mr. Sedlacek said Staff continues to meet with Paster Enterprises, who feels that they are on track for submitted to the July Planning Commission meeting. Planning Commission Minutes June 24, 2008 Mr. Sedlacek reminded everyone that the City Council will be going to the 7:00 start time for the July City Council meeting and the Planning Commission will also begin their meetings at 7:00. Chair Lally thanked Mr. Grittman for his materials on variance requirements. Commissioner Field moved, seconded by Commissioner Norton, to adjourn the meeting 9:00 pm Respectfully submitted, Rebecca Shaffer, Recording Secretary