Loading...
2007-01-23 Planning Comm MinutesPlanning Commission Meeting January 23, 2007 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PLANNING COMMISSION MINUTES January 23, 2007 The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, January 23, 2007, in the Council Chambers at City Hall, 1101 Victoria Curve at 7:30 pm. The following Commissioners were present: Chair Lorberbaum, Commissioners Lally, Dolan, Hesse and Harms. Excused were: Commissioners McManus and Povolny. Also present were Mendota Heights Assistant to the City Administrator Jake Sedlacek, and Planner Steve Grittman. Minutes were recorded by Becki Shaffer. ApprovalofNovember28, 2006 Minutes Commissioners Lally and Dolan said they would forward some typo corrections to Staff for correction. Other changes include the voting on Case No. 06 -37 — Rukavina: Commissioner Dolan abstained from the closing of the public hearing and the motion to the case. The correct votes are: 5 Ayes, 0 Nayes, 1 Abstention (Dolan) to close the public hearing for Case No. 06 -37; and 5 Ayes, 0 Nayes, 1 Abstention (Dolan) to recommend denial of the variance request for Case No. 06 -37. COMMISSIONER HARMS MOVED, SECONDED BY COMMISSIONER DOLAN, TO APPROVE THE MINUTES OF NOVEMBER 28, 2006 AS CORRECTED. 4 AYES 0 NAYES ABSTENTION (Chair Lorberbaum) MOTION CARRIED Chair Lorberbaum announced that there will be a meeting of citizens on January 24th at City Hall at 7:00 pm to talk about the possibility of a special referendum for the City to purchase the Par 3 Golf Course property. It is expected that the referendum will be presented either April 30th or May 7th. Citizens are welcome to contact City Hall for more information. Chair Lorberbaum said the City cannot lead this referendum, and there needs to be a task force of citizens to participate in this project. Chair Lorberbaum acknowledged receipt of a letter to the Planning Commission from Dave Olson, 1049 Douglass Road. HEARINGS PLANNING CASE #07 -02 Greg Conway /Terry Russell 716 Maple Park Court Critical Area Permit Planning Commission Meeting January 23, 2007 Mr. Grittman reviewed a map showing the location of 716 Maple Park Court, which is a single family property in the R -I district. This property is occupied by a single family home and the applicant is seeking approval of a Critical Area Permit to allow for the demolition of a portion of the home, and an addition to that home in a different location of the property. Mr. Grittman reviewed some drawings depicting these changes. The property is within the Critical Area and therefore, needs a permit for these activities. Mr. Grittman said this proposal meets all the requirements of the City and recommends approval of the Critical Area Permit. It is also noted that the existing home is currently non - conforming, and these changes will remove the non - conforming portion of the home. Commissioner Lally expressed some concerns regarding slope failure. Mr. Grittman said he does not see any negative impact on the slope. Mr. Greg Conway, Conway Construction, 7180 Ballard Trail, Inver Grove Heights, Minnesota is the applicant on behalf of the property owner, Mr. Terry Russell. Mr. Conway said he does not foresee any problems with the slope in the demolition process, and will be using silt fencing to protect that area. Chair Lorberbaum opened the public hearing. Seeing no one come forward to speak, Chair Lorberbaum asked for a motion to close the public hearing. COMMISSIONER HESSE MOVED, SECONDED BY COMMISSIONER DOLAN, TO CLOSE THE PUBLIC HEARING. 5 AYES 0 NAYES MOTION CARRIED COMMISSIONER HESSE MOVED, SECONDED BY CHAIR LORBERBAUM, TO RECOMMEND APPROVAL OF THE CRITICAL AREA PERMIT AS PRESENTED WITH THE FINDING THAT THE PROPOSED IMPROVEMENTS DO NOT CONFLICT WITH THE CRITICAL AREA ORDINANCE REGULATIONS AND OBJECTIVES, AND THE ADDITION OF SILT FENCING BE PLACED DURING THE DEMOLITION PROCESS. 5 AYES 0 NAYS MOTION CARRIED Planning Commission Meeting January 23, 2007 PLANNING CASE #07 -01 Mendakota Country Club 2075 Mendakota Drive Conditional Use Permit Mr. Grittman reviewed a site plan for the proposed construction of a detached accessory structure to be located at the Mendakota Country Club. The proposed accessory building will be designed and used as a storage facility and is 1,320 sq. ft. (30' x 44') and will be located on the southwest side of the clubhouse. This building will replace the existing storage pods that are currently in this area. Mr. Grittman said there was some concern from the Planning Commission on the number of accessory buildings currently on this property, and reviewed where these buildings were. Staff is recommending approval of this proposal, which will have no negative affect on the neighborhood as the materials used will be in keeping with the rest of the existing buildings. Commissioner Lally said there seems to be some residents in the surrounding neighborhood who have not had notices sent to and is concerned whether there will any concerns from these neighbors on the lighting and the activities of the buildings. Chair Lorberbaum asked if the Planning Commission can legally proceed with this hearing. Mr. Grittman said the Planning Commission can legally continue with the public hearing as long as Staff has made an effort to make notice. The fact that they did not receive notice is not impediment to the hearing. Commissioner Lally said it seems that these homes are far enough away that it would not be a problem, but since he does not live there, he cannot say for sure. Mr. Grittman said a newspaper notice has been published in the local paper, and there are no neighbors present at this time to verify one way or another. Mr. Grittman shared an aerial photo to show how the closest homes are located. Chair Lorberbaum asked if the Planning Commission makes a decision at this time, is there any reason why Staff cannot make sure that the affected people who are not on the list be given official notice prior to the City Council meeting? Mr. Grittman said Staff will make sure these neighbors are notified of the City Council meeting. Chair Lorberbaum asked if this was a home, and the applicant was seeking to build an accessory structure that was within all the guidelines, they would be asked why this structure is not being attached to the home. Mr. Grittman said this question has not been raised due to the nature of the use. Steve Watson, General Manager of Mendakota Country Club, 4144 Durham Court, Eagan spoke on behalf of the applicant. Mr. Watson said there is currently a light on the back dock of the kitchen which is by the neighbors in question. Mr. Watson said he was received no complaints about the lighting. Mr. Watson said the building will not be attached to the main building because it will not be heated, and the location of the proposed building will give access to the main building through the back entrance, and not through the dining hall and kitchen. Mr. Watson feels there is a safety concern with the existing storage. Commissioner Lally asked for a timeline. Mr. Watson said he is hoping to begin in March, 2007. Chair Lorberbaum opened the public hearing. Seeing no one come forward to speak, Chair Lorberbaum asked for a motion to close the public hearing. Planning Commission Meeting January 23, 2007 COMMISSIONER DOLAN MOVED, SECONDED BY CHAIR LORBERBAUM, TO CLOSE THE PUBLIC HEARING. 5 AYES 0 NAYES MOTION CARRIED Commissioner Lally asked if the public hearing will be opened at the City Council meeting to allow for comments from the neighbors that have been affected by not receiving the proper notices. Mr. Sedlacek said Staff can request the City Council to re -open the public hearing to receive comments. COMMISSIONER LALLY MOVED, SECONDED BY CHAIR LORBERBAUM, TO RECOMMEND APPROVAL OF THE CONDITIONAL USE PERMIT SUBJECT TO THE REOPENING OF THE PUBLIC HEARING AT THE CITY COUNCIL MEETING TO RECEIVE COMMENTS FROM RESIDENTS WHO HAVE NOT RECEIVED PROPER NOTICES. 5 AYES 0 NAYS MOTION CARRIED PLANNING CASE #07 -03 David Ridley 640 Hidden Creek Trail Conditional Use Permit and Wetlands Permit Mr. Grittman reviewed a map showing the location of 640 Hidden Creek Trail, which is a single family property in the R -lA district. This property is occupied by a single family home and the applicant is seeking approval of a Conditional Use Permit and a Wetlands Permit to allow for the construction of a gazebo and pathway to the home. Mr. Grittman said the proposed gazebo will be located within the 100 -ft buffer zone of the wetland, and the brick walkway will be constructed to improve drainage of that area. Mr. Grittman said there are no concerns with setbacks and water encroachments. With the remoteness of the gazebo, there are no negative impacts to neighbors and recommends approval. Commissioner Lally asked if there were any private covenants with this property. Mr. Grittman said he was not aware of any. It is noted that the applicant was not in attendance and there was no other representation for them. Mr. Sedlacek said he will make sure the applicant is made aware that they should be at the City Council meeting. Chair Lorberbaum opened the public hearing. Seeing no one come forward to speak, Chair Lorberbaum asked for a motion to close the public hearing. COMMISSIONER DOLAN MOVED, SECONDED BY CHAIR HARMS, TO CLOSE THE PUBLIC HEARING. 4 Planning Commission Meeting January 23, 2007 5 AYES 0 NAYES MOTION CARRIED CHAIR LORBERBAUM MOVED, SECONDED BY CHAIR HESSE, TO RECOMMEND APPROVAL OF THE CONDITIONAL USE PERMIT AND WETLANDS PERMIT AS PRESENTED. 5 AYES 0 NAYS MOTION CARRIED VERBAL REVIEW Jake Sedlacek Mr. Sedlack said there will be three new commissioners coming to the Planning Commission. They are: • Pat Henderschied • Doug Henness • Steve Norton These commissioners will be replacing outgoing Chair Lorberbaum, Commissioner Hesse and Commissioner Harms. PLANNING CASE #06 -32 Morgan, Variance • City Council denied as recommended by the Planning Commission. PLANNING CASE #06 -37 Ned Rukavina, Variance • The Planning Commission recommended denial of a 3 -ft. variance. City Council approved a variance for a 1 -ft setback. PLANNING CASE #06 -38 Sibley High School, Conditional Use Permit • City Council approved as recommended by the Planning Commission. PLANNING CASE #06 -35 City of Mendota Heights, Comprehensive Plan Amendment • City Council approved, along with the zoning change to zone this property to R -1 -A, Golf Course Small. The Comprehensive Plan Amendment is now on its way to the Met Council for their review. Mr. Sedlacek said there has been a negotiation team established to work with the owner of the golf course to enter into negotiations on a purchase price. The agreed to price is $2.6M. City Council moved to have Staff proceed with the referendum process. The borrowed price will be $2.79M, and any blank vote on the referendum will show as a blank vote, not a "no" vote. The open house scheduled for January 24th will not be televised and Staff will be available to answer questions. Chair Lorberbaum expressed appreciation to the owners of the golf course to enter into negotiations with the City. Chair Lorberbaum asked all out -going commissioners if they would like to make any closing comments. These commissioners will be Chair Lorberbaum, Commissioner Hesse and Commissioner Harms. Commissioner Planning Commission Meeting January 23, 2007 Harms made no comment. Commissioner Hesse said the last six years have been wonderful, but he can not fit another three in. Chair Lorberbaum thanked everyone for the privilege and honor of serving on the Commission and being Chair. COMMISSIONER HESSE MOVED, SECONDED BY CHAIR LORBERBAUM, TO ADJOURN THE MEETING AT 8:10 PM. 5 AYES 0 NAYS MOTION CARRIED Respectfully submitted, Becki Shaffer, Recording Secretary