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2005-07-26 Planning Comm MinutesPlanning Commission Meeting July 26, 2005 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PLANNING COMMISSION MINUTES July 26, 2005 The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, July 26, 2005 in the Council Chambers at City Hall, 1101 Victoria Curve at 7:30 pm. The following Commissioners were present: Chair Lorberbaum, Commissioners B. McManus, Miller, Betlej, and Hesse. Those Commissioners that were excused: Commissioners Dolan and M. McManus. City Staff present were City Engineer Sue McDermott and Administrative Assistant Patrick C. Hollister. Also present was Planner Steve Grittman. Minutes were recorded by Becki Shaffer. Approval of June 28, 2005 Minutes Page 1, under role call, the following sentence should be changed as follows: "Cti'° Tor- b°,-b.,,,,,, sai Commissioners Betlej and Hesse arrived will be eoming ;r late." Page 11, third paragraph should read as follows: "Commissioner B. McManus asked the applicant if there is any insurance that the lighting will not rop duce a noticeable glare ?" Page 13, under Further Discussion, should read as follows: "Further Discussion Commissioner B. McManus questioned the parliamentarian procedures during this vote. Chair Lorberbaum said she is sure this is legal in that if the maker of the motion on the floor accepts he is fine, and if he doesn't, good luck as a maker because the body can choose to put that in. Chair Lorberbaum said this is an indication of everyone's comfort level. 2 AYES 5 NAYS (Commissioners Miller, Betlej, Dolan, Hesse, M. McManus) MOTION FAILED Chair Lorberbaum called for the vote on the motion on the floor." COMMISSIONER BETLEJ MOVED, SECONDED BY CHAIR LORBERBAUM , TO APPROVE THE MINUTES OF JUNE 28, 2005 AS CORRECTED. 5 AYES 0 NAYS MOTION CARRIED Planning Commission Meeting July 26, 2005 HEARINGS PLANNING CASE #05 -29 Paul Plum 1933 Dodd Road CUP for Construction of an Accessory Structure Mr. Grittman introduced the request for a condition use permit in which the applicant is seeking to replace an existing accessory shed with a new one. This shed would house equipment such as a lawn mower, snow blower, bikes, and other household items. Mr. Grittman said the proposed shed would match the style of the existing home and appears to be consistent with the City's regulations. This recommendation would include conditions that the location of the shed meet the zoning standards for setbacks and that the materials should match that of the home as well. Mr. Grittman shared a photo of what the shed will look like. Mr. Paul Plum, 1933 Dodd Road, is the applicant and said that it is desireable that the color not match the existing home at this time as he plans on re- siding the home in a few years. Commissioner Miller asked about the sloping of the driveway. Mr. Plum said there is a gradual slope and a small amount of leveling is needed. Chair Lorberbaum asked why the existing garage is not being expanded instead. Mr. Plum said any expansion of the garage would result in having the home look too long and would not be aethestically pleasing. In addition, the foundation would have to be altered as well. Chair Lorberbaum opened the public hearing. Seeing no one else wishing to speak, Chair Lorberbaum asked for a motion to close the public hearing. COMMISSIONER MILLER MOVED, SECONDED BY COMMISSIONER BETLEJ, TO CLOSE THE PUBLIC HEARING. 5 AYES 0 NAYS MOTION CARRIED Chair Lorberbaum closed the public hearing. COMMISSIONER BETLEJ MOVED, SECONDED BY B. MCMANUS, TO RECOMMEND APPROVAL OF THE CUP FOR AN ACCESSORY STRUCTURE AS PRESENTED WITH THE CONDITIONS THAT THE SHED BE PLACED TO CONFORM WITH ALL ZONING STANDARDS AND THAT THE COLOR WILL MATCH THAT OF THE EXISTING HOME IN ITS PRESENT STATE. 5 AYES 0 NAYS Planning Commission Meeting July 26, 2005 MOTION CARRIED PLANNING CASE #05 -30 David Olsen 2550 Arbor Court Wetlands Permit for Construction of New Home Mr. Grittman shared a map indicated the location of 2550 Arbor Court. The applicant is proposing to construct a new single family home to be located within the 100 -ft. buffer area of a wetland. The proposed home would be centrally located on the parcel. Mr. Grittman said that no matter where the home would be build on the parcel, it appears that a wetlands permit would be needed. Mr. Grittman explained how the driveway would be located, leaving a 5 -ft distance to the wetland unavoidable. The applicant has submitted existing wetland information from a tree inventory dated September 26, 1994. In addition, the applicant has provided a landscape plan indicating where the wetland edge is to be replanted. This plan also indicates that the applicant will be installing a silt fence along the northern edge of the construction limits and the southern edge of the wetland. Commissioner Hesse asked for clarification on how the building permit process will be handled. Mr. Grittman said the Code Enforcement Department will review the building plans to make sure all zoning and vegetation issues are met. Chair Lorberbaum asked if the City knew this parcel would require wetland permits when it was platted. Mr. Grittman said that a lot of platting is completed without taking this concern into consideration. Chair Lorberbaum referred to the Planners Report which states "As a condition of wetland permit issuance, the applicant should demonstrate to the City that the home construction will not negatively impact area vegetation ". Chair Lorberbaum asked how the applicant would demonstrate this to the City? Mr. Grittman said the applicant will need to state why they need to have the home placed this close to the wetland and they need to how in the landscape plans any erosion controls in place. Commissioner Betlej asked for clarification of the Gabion Dry Creek Bed that is used to improve drainage and prevent erosion. Commissioner Hesse explained how this system works, and that the material is like that of a heavy duty chicken wire fence material that is used. Commissioner Betlej asked about the low points in the driveway and if there were any concerns regarding runoff. City Engineer McDermott said this is a relatively small culvert and there may be some runoff across the driveway. Commissioner B. McManus asked if the driveway would be gravel as it appears that way in the plans. Ms. McDermott said city standards require the driveway to be paved. Planning Commission Meeting July 26, 2005 Mr. David Olson, 2550 Arbor Court, said the driveway will be paved. Mr. Olson said he would be building the home himself and explained how the driveway will be constructed and the vegetation will be protected. Chair Lorberbaum opened the public hearing. Seeing no one else wishing to speak, Chair Lorberbaum asked for a motion to close the public hearing. COMMISSIONER BETLEJ MOVED, SECONDED BY COMMISSIONER HESSE, TO CLOSE THE PUBLIC HEARING. 5 AYES 0 NAYS MOTION CARRIED Chair Lorberbaum closed the public hearing. COMMISSIONER BETLEJ MOVED, SECONDED BY CHAIR LORBERBAUM, TO RECOMMEND APPROVAL OF THE WETLANDS PERMIT AS PRESENTED WITH THE CONDITIONS THAT THE DRIVEWAY BE PAVED, THAT THE GRADES ON THE DRIVEWAY BE 8% OR LESS IF POSSIBLE AND TO ELIMINATE THE CULVERT. IN ADDITION, A SILT FENCE IS TO BE ADDED ALONG THE NORTHERN EDGE OF THE CONSTRUCTION FOR EROSION CONTROL. 5 AYES 0 NAYS MOTION CARRIED PLANNING CASE #05 -31 Alicia McMonigal 1003 Chippewa Avenue Variance to Driveway Setback Mr.Grittman shared a map showing the location of 1003 Chippewa Avenue, and reviewed the request for a variance in which the applicant is proposing to replace an existing driveway. The existing driveway is currently placed at a sight curve and the applicant wishes to reconstruct this driveway to be straight, allowing a 90 degree intersection to the Chippewa Avenue. The applicant has indicated that the existing driveway is in great disrepair, which causes erosion to the neighbor's yard. The driveway is curved to allow passage around a tree; this tree has since been removed. Mr. Grittman said any reconstruction of this driveway will need a variance as it's non - conforming at the point of the driveway where it connects to the garage. 4 Planning Commission Meeting July 26, 2005 Ms. Alicia McMonigal, 1003 Chippewa Avenue, said it is her preference to have the driveway straightened as she feels there are safety concerns with the parked cars along Chippewa Avenue and it's not as easy to see when existing the driveway. Commissioner B. McManus asked how the new driveway will keep runoff from going into the neighbor's yard. Ms. McMonigal said the driveway will be tipped so that a gradual sloping will evenly distribute rain runoff. Ms. McMonigal said her neighbor was in complete agreement with the proposed plan. Ms. McDermott said there would need to be new curb and curb cut constructed and that the applicant will be responsible for this cost and make sure all modifications will be in compliance with city standards. Ms. McDermott said there is already runoff to the neighbors, but the proposed driveway will lessen the impact. Chair Lorberbaum opened the public hearing. Seeing no one else wishing to speak, Chair Lorberbaum asked for a motion to close the public hearing. COMMISSIONER B. MCMANUS MOVED, SECONDED BY BETLEJ, TO CLOSE THE PUBLIC HEARING. 5 AYES 0 NAYS MOTION CARRIED Chair Lorberbaum closed the public hearing. COMMISSIONER BEETLEJ MOVED, SECONDED BY COMMISSIONER HESSE, TO RECOMMEND APPROVAL OF THE VARIANCE AS PRESENTED, WITH THE CONDITIONS THAT THE DRIVEWAY NOT BE WITHIN 2 -FT. OF THE SIDE LOT LINE AND THAT THE APPLICANT BE RESPONSIBLE FOR ALL COSTS OF THE CURB AND CURB CUT MODIFICATIONS, AND THAT ALL SUCH MODIFICATIONS BE IN COMPLIANCE WITH ALL CITY STANDARDS. Further Discussion Commissioner B. McManus said he believes that a minor curve from the garage would keep the runoff to a minimum, and may be a cost savings to the homeowner. 5 AYES 0 NAYS MOTION CARRIED PLANNING CASE #05 -32 Michael Coonan Planning Commission Meeting July 26, 2005 2237 Apache St. Camper Parking Variance Mr. Grittman shared a map showing the location of 2237 Apache Street. The applicant in this case is seeking a variance from the City Ordinance 12 -1 J -4 regarding outside storage in residential district and 12 -1 j- 1 -6 -B1 vehicular setback in a residential district. Mr. Grittman said the applicant is seeking permission to store a camper on the north side of the property, their side yard. In the Planner's Report, the findings are that the variance is not necessary to make reasonable use of the property as it can be stored off -site or moved to a legal location in the rear yard. Commissioner Hesse asked how this case came before the city. Ms. McDermott said the Code Enforcement Officer received a complaint. Chair Lorberbam asked when the RV Ordinance was drafted. Mr. Grittman said it was December 14, 2002. Chair Lorberbaum asked if the camper was in place before that date, would it be grandfathered in? Mr. Grittman said it was his understanding that this case would relate to day to day activity and any grandfathering would not apply to this. Mrs. Michael Coonan, 2237 Apache St., distributed a letter to the Commission and read it out loud, as well as sharing a letter from their neighbor whose property is most affected, Steven and Gail Krey, which states their approval of this variance request. Mrs. Coonan provided in that packet, pictures of where the camper was stored. Upon receiving this information from the applicant, the Commissioners learned that the complaint was received because the camper was temporarily parked on the street due to the applicant having a hitch problem, whereas this needed to be repaired before putting the camper back up the driveway into its parking space. In regards to parking the camper in the rear of the property as suggested by the Planner, Mrs. Coonan informed the Commission of the recent drain tiling in the back yard that they have completed. Mr. Coonan said that if the camper was allowed to be placed along side of their home, it is not seen by the Kreys or any of the other neighbors. If the camper is stored in the back yard, it would be very visible to the Kreys. Commissioner Hesse asked if the neighboring home in the picture was the Krey's home. Mrs. Coonan said that was correct. Chair Lorberbaum said she understood why parking the camper in the back yard due to the drain tiling would not work. Chair Lorberbam talked about how a lot of other residents would like to have variances granted to allow parking of their RV's but have had to use an off -site option. Chair Lorberbaum said it appears to her that there is a uniqueness to this property. Chair Lorberbaum asked Mr. Hollister if he would find out how many special RV parking permits the City issues on a yearly basis. Planning Commission Meeting July 26, 2005 Commissioner B. McManus asked why the Kreys would not want to have the camper in the back yard. Mrs. Coonan said the Kreys have a beautifully landscaped yard and they would be able to see the camper from there. If the camper is allowed to be parked between the homes, the Kreys will not be able to see the camper at all. Commissioner B. McManus asked if the applicant would be willing to screen in the camper, working off the fencing on their neighbor's property. The applicant enthusiastically agreed to do that. Chair Lorberbaum opened the public hearing. Seeing no one else wishing to speak, Chair Lorberbaum asked for a motion to close the public hearing. COMMISSIONER BETLEJ MOVED, SECONDED BY COMMISSIONER HESSE, TO CLOSE THE PUBLIC HEARING. 5 AYES 0 NAYS MOTION CARRIED Chair Lorberbaum closed the public hearing. CHAIR LORBERBAUM MOVED, SECONDED BY COMMISSIONER B. MCMCANUS, TO RECOMMEND APPROVAL OF THE CAMPER PARKING VARIANCE AS PRESENTED, WITH THE HARDSHIP BEING THE WIDTH OF THE PROPERTY AND THE FACT THAT THE APPLICANT NEEDED TO PUT IN DRAINAGE TILE ON ONE SIDE OF THEIR PROPERTY TO HANDLE THE WATER RUNOFF FOR THE NEIGHBORS; WITH THE CONDITION THAT ADDITIONAL SCREENING BE PLACED AROUND THE CAMPER BY CONTINUING THE NEIGHBOR'S FENCE IF THAT IS WHAT THE NEIGHBORS SO DESIRE. Further Discussion Commissioner Betlej said these types of situations have been talked about regarding Friendly Hills neighborhood and that there might be half a dozen of similar setback issues on the same street. Commissioner Betlej said he may want to vote this down so the City Council will see this and it will be their problem. Commissioner Betlej said this ordinance has not been very well crafted particularly when it applies to this neighborhood, and he thinks the City Council will have to come to grips with. Commissioner Betlej said there have been similar ordinance calls in this neighborhood and these situations need to be looked at on the same basis. Commissioner B. McManus said he is very glad to have variances for this kind of situation, which is a very high standard. Commissioner B. McManus said he believes the Planning Commission would not be here if common sense would on occasion allow for mitigation on the requirements. Commissioner B. McManus said there is a uniqueness of this property and it's important to note that the neighbors are comfortable with this proposal, and this is a situation in which the City can help the applicant to improve, or at least maintain, a very nice area. Planning Commission Meeting July 26, 2005 Commissioner Hesse said he struggles with this as the City has recently passed an ordinance that will require things such as storage of firewood and trash cans, and in the big scheme of things, this is a relatively small thing as compared to campers. Commissioner Hesse said he is not sure how this particular ordinance fits in with this situation. 5 AYES 0 NAYS MOTION CARRIED VERBAL REVIEW — Sue McDermott PLANNING CASE #05 -23 Debra Davison — CUP for detached garage • City Council approved as recommended by the Planning Commission. PLANNING CASE #05 -24 Andrea Crosby - Fence CUP • City Council approved as recommended by the Planning Commission. PLANNING CASE #05 -25 Cori Johnson — Fence CUP • City Council approved as recommended by the Planning Commission. PLANNING CASE #05 -26 Todd Polifka / Jason Hinchliff — Variance for Front Yard Setback • City Council approved as recommended by the Planning Commission. City Council allowed for an 8 -ft. porch. PLANNING CASE #05 -27 Patrick Hickey — Wetland Permit and Variance for Side Yard Setback • City Council denied the variance, and approved the wetland permit as recommended by the Planning Commission. City Council also approved for the vacation of the property to the north. PLANNING CASE #05 -28 St. Paul's United Methodist Church — Variance for Sign Size in R -1 District • City Council approved as recommended by the Planning Commission. Ms. McDermott said that the Property Maintenance Ordinance has been scheduled to go before the City Council on August 2, 2005. Ms. McDermott said that there was a special meeting held on June 29, 2005 regarding the Opus project, which the City Council has approved for them to proceed. Planning Commission Meeting July 26, 2005 COMMISSIONER BETLEJ MOVED, SECONDED BY COMMISSIONER B. MCMANUS, TO ADJOURN THE MEETING AT 8:45 PM. 5 AYES 0 NAYS MOTION CARRIED Respectfully submitted, Becki Shaffer, Recording Secretary Planning Commission Meeting July 26, 2005 10