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2003-07-22 Planning Comm MinutesPlanning Commission Meeting July 22, 2003 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PLANNING COMMISSION MINUTES July 22, 2003 The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, July 22, 2003 in the Council Chambers at City Hall, 1101 Victoria Curve. The meeting was called to order at 7:30 p.m. The following Commissioners were present Chair Lorberbaum, Commissioners B. McManus, Miller, Betlej, Hesse, and M. McManus. Those excused: Commissioner polan. City Staffpresent were Public Warks Director Jim Danielson and Administrative Assistant Patrick C. Hollister. Also present was Planner Steve Grittman. Minutes were recorded by Becki Shaffer. APPROVAL OF MINUTES The Commission reviewed the minutes of June 24, 2003. The following correcrions were made: Pa�e 2: The following, motions are to be corrected as follows: COMMISSIONER DOLAN MOVED, SECONDED BY COMMISSIONER MILLER, TO CLOSE THE PUBLIC#� HEARING. COMMISSIONER HESSE MOVED, SECONDED BY CHAIR LORBERBAUM, ^ ppnrT �o"� TO RECOMMEND APPROVAL OF THE CONDITIONAL USE PERMIT AND WETLAND PERMIT WITH THE CONDiTIONS AS STATED BY THE SOIL AND WATER CONSERVATION DISTRICT IN THE PLANNER'S REPORT. Page 3, 7`"�ara�raph: "Chair Lorberbaum askcd what it would take to make a private road a public road. Mr. Grittman said he has not completed all the drawings but it would probably rcduce the plan to 3 lots, and a full standard street would require a cul-de-sac at the end, which is not currently being proposed. Chair Lorberbaum said this is an option the Commission can recommend if thcy choosc." Page 6, last para�raph: "Robert Fink, 1850 Arvin Drive, introduced Paul McGinley of Loucks McLagan, who will be speaking on behalf of the applicant. Mr. McGinley's office is located at 20 East Thompson Avenue, West St. Paul. Mr. McGinley said the narrative and smaller }�la�r� dated June 16`�' is the current one, and Yhe larger }�lci�r� dated June 19`" sl�ould bc thc onc considcred. Mr. McGinley said the applicants own two current parcels, the north parcel consists of approximately 75,600 sq. f�. and the south vacant parcel consists of approximately 15,384 sq. ft. Almost all of the property is wooded, with predominately mature hardwoods. The owncrs wish to rearrangc the division of the two Existing parcels to creatc two new lots, making Lot 2 on the south and conYaining the existing house. Lot 2 would end up with 61, 470 sq. ft. and the future lot to the north, Lot 1, would have 29,500 sq. ft." Page 8, third paragraph: "Shelly Smith, 1823 Valley Curve — asked if there has been any precedence set for determining how to keep proposed buildings consistent with the neighborhood, which is single level or split entry. Chair Lorberbaum said it was to her knowledge, there has never been any specific discussion that a house has to be single level or split entry, but the City encourages the �^��^� *^'�^ ^^^:��*^^* housc to bc consistcnt in I<ccping with thc pattcrn of thc nci�hbarl�ood." Page 11, 8r�' paragraph: "Commissioner B. McManus said this looks like a little farm, as there are horses, kennels, pastures, etc., and to continue that usage, a lot of auxiliary structures are needed. Commissioner B. McManus said � if the City holds to R-1 standards, the horses would have to go. Cotnmissioner B. McManus said the applicant is willing to tear down an eye sore of a shed and replacc with a newer building, and they would like to have room to store some equipment, and that this is not a typical R-1 situation that may have to be dealt with differently. Commissioncr B. McManus said the applicant's intentions would benefit the city." Planning Commission Meeting July 22, 2003 Page 13, 8`h paragraph: "Chair Lorberbaum said it was her understanding that the City Attorney has said the City does not at this point need to worry about a regulatory taking, but the City is to determine an appropriate as use for the future." Page 14, 5`�' para r� aph: "Commissioner B. McManus asked if the property has ever been put up for sale. Mr. Spaulding said he and his partners own 4 golf courses and have marketed two of the properties to developers. The third one located in Oakdale has been i-�on the market for �999 $900,000 for about 4 to 6 months and have had no offers. The City of Burnsville is going through the same thing in looking at a golf course for sale for $750,000." Pa�e 16, the followin� resident names and addresses were corrected: "Robin Ehrlicl� �^��^��,, 1656 �;z Gryc Cot�rY' "Janice �� Chasmine, 723 Evergreen Knolls" Pa�e 16, 4`h para rg aph: "Jim Smith, 1760 Trail Road — green space is the beauty of Mendota Heights and it is sad to see the loss of trees �s happening on Dodd Road and expressed his concern for the traffic impact." Page 17, 5`" paragraph: "Dan Tilsen, applicant, said the proposal for the 7-lot has already been approved and work can begin at any time. The driveway issues are almost pointless as Victoria Road has been designated to turn back to the ciry and it just a matter of time to when Victoria Road will be a city street. Mr. Tilsen asked the Commission to look at each proposal � oi7 its own merit and decide which to go with. The proposed one condominium unit would allow more green space than the single family lots." Pa�e 18, 4`�' para r� aph: "Chair Larberbaum said it looks as though a PUD cannot be granted as some of the conditions have not been met. Chair Lorberbaum referred to the Planner's Report that states under "Residential PUD, item a) `it is determined by the council to be "infill type development" that would be difficult under the zoning district or districts comprising the project area". Chair Lorberbaum said this cannot be true since we have ah-ead�pproved the developiment ofi ��' ��,��-�� *"� single family homes. This would ,�� *�,'aR wipe out the possibility of the PUD. Mr. Tilsen said this would depend on interpretation, and the PUD would allow a lot of flexibility to do whatever desired. Chair Lorberbaum said it doesn't prefer it because it because it keeps the character of the land, and says it would be difficult to develop, and tlie seven lots was alread�pproved �* �T �� r��'� ��' *�� TT �� "�'�*��. Chair Lorberbaum is concerned about this item. Chair Lorberbaum said item b) "The site will not require a wetland permit, which the proposal does and is based on requirement. Based on two out of five, how cai� a PUD be �ranted? ", �T "�� *'�� ' a��, ��' "��' �� *�� * �� , i�,,.., ,.,,.� „ or rn �.o ,..-.,��oa� Mr. Tilsen said the City could make exception to it if the City wants this proposal b Page 18, 6`h para =r� aph: "Commissioner B. McManus expressed his comments on the gable roof concept, and said the feedback from the residents seem unanimously in favor of the single family homes, but as more infarmation is being presented on the condominium concept, residents may feel differently when they have seen the beneficial aspects of this proposal. Commissioner B. McManus said that althought this would be an excellent place for senior citizens, he is not sure the City has the technical capacity to go ahead with the PUD.: Pages 18 & 19, the followin� resident names and addresses were corrected: Cynthia �-ee-I� Kraacic, 1001 Oxford Court �T ^"�� Kevin Milbeiy, ]000 Oxford Court Pa�e 20, 3r`� para rg aph: Commissioner B. McManus asked � what would be done with the current cul-de-sac. Mr. Uban said he thinks the adjacent landowner wants to keep the cul-de-sac in place, however if that landowner wishes to vacate, Mr. Bader's representatives will belp him. Page 23, motion made should read as follows: Planning Commission Meeting July 22, 2003 "COMMISSIONER HESSE MOVED, SECONDED BY CHAIR LORBERBAUM, TO RECOMMEND APPROVAL OF THE PRELIMINARY PLAT AND VARIANCE AS THE APPLICANT HAS SUBMITTED, SUBJECT TO THE CONDITIONS BY THE PLANNER, PLUS THE ADDITION THAT DAKOTA COUNTY RENDER A FINAL WRITTEN OPINION THAT ACCESS ONTO n�T �ru� �rVr�cc n�r�rn pE,LAWARE AVENUC HAS BEEN UENIED." o,-,—.-.-.-��o COMMISSIONER M. MCMANUS MOVED, SECONDED BY COMMISSIONER HESSE, TO ACCEPT THE MINUTES OF JUNE 24, 2003 AS AMENDED. AYES NAYS ABSTENTION (Commissioner Betlej) MOTION CARRIED HEARINGS PLANNING CASE #03-33 Delta Environmental-Super America 1080 Highway ll0 (corner of Highway 110 and Lexington Avenue) AMENDMENT TO CONDITIONAL USE PERMIT Mr. Grittman introduced the application for an amendment to the conditional use permit to expand the existing environmental cleanup facility. The MPCA had made a change in the method of remediation which necessitates this eapansion. The new building is planned to be 12 feet wide by 18 feet wide, which would approximately double the existing clean up facility building and would be set back 47 feet from the street right of way. The requirement of the B-2 zoning is 30 feet, however, there are additional setback standards imposed for motor fuel stations as follows: Principal Building 60 feet Pumps 40 feet Overhead Canopy 20 feet The ordinance makes separate accommodations for structures that are not a part of the principal building, and this facility would be designated as an accessory building, as is the case with the trash enclosure and the car wash. If the 60 foot setback is applied in this case, a variance would be required. Mr. Danielson said he will research to see if variances have been granted for the car wash and trash enclosure. Jared Otto, a representative of Delta Environmental Consultants, 5910 Rice Creek Parkway, St. Paul, answered quesrions on behalf of Speedway SuperAmerica, LLC. The new building would replace the existing building, which will be taken down. Mr. Otto commented on the building materials to be used, which would be similar to that of the existing buildings. Discussion was held regarding the safety aspects and the length of rime needed for this remediation process. Mr. Otto said he believes the process will take about 5 years to complete. This plan has not been reviewed by the fire marshal. Chair Lorberbaum opened the public l�earing, seeing no one wishing to speak, COMMISSIONER BETLEJ MOVED, SECONDED BY COMMISSIONER MILLER, TO CLOSE THE PUBLIC HEARING. AYES NAYS MOTION CARRIED COMMISSIONER M. MCMANUS MOVED, SECONDED BY COMMISSIONER HESSE, APPROVE THE AMENDMENT TO THE CONDITIONAL USE PERMIT TO ALLOW FOR THE EXPANSION OF THE ENVIRONMENTAL CLEANUP Planning Commission Meeting July 22, 2003 FACILITY AS PRESENTED, WITH THE CONDITION THIS FACILITY BE RE-VISITED AT THE END OF THE FIVE- YEAR PERIOD. Further Discussion Commissioner B. McManus said these people are acting in good faith to protect the environment and would not like to have any conditions imposed on the them that would prompt them to make a cheaply made building. AYES NAYS MOTION CARRIED PLANNING CASE #03-34 Ralph and Kathryn Jewell 1948 Glenhill Road LOT LINE ADJUSTMENT/SUBDIVISION REQUEST Mr. Grittrnan reviewed the request to adjust a lot line to detach approximately 15, 129 square feet from the lot located at 1217 Victoria Curve, which is owned by Mr. Mark Olson, to combine with the properry owned by the applicant. It is the intent of the applicant to purchase this wooded properry and preserve it in its natural state. The proposed lot line will meet all of the lot requirements of the R- 1 District and recommends approval subject to the following condirions: 1. A Certificate of Survey is submitted that is consistent with the subdivision plan dated June 23, 2003. 2. There shall be no existing buildings within 62.4 feet of the rear lot line of the applicant's property and no existing building within 49.4 feet of the rear lot line of the Olson property as shown following the lot line adjustments. Mr. Ralph Jewell said he has no intent on splitting this property in the future, and does not intend on placing any buildings on the property. Chair Lorberbaum opened the public hearing. There being no one present wishing to speak, COMMISSIONER BETLEJ MOVED, SECONDED BY COMMISSIONER MLLLER, TO CLOSE THE PUBLIC HEARING. AYES NAYS MOTION CARRIED Chair Lorberbaum closed the public hearing. COMMISSIONER BETLEJ MOVED, SECONDED BY CHAIR LORBERBAUM, TO RECOMMEND APPROVAL OF THE LOT LINE ADJUSTMENT REQUEST AS PRSENTED. AYES NAYS MOTION CARRIED PLANNING CASE #03-35 Melvin and Margaret Koppen 1316 Victory Avenue LOT SPLIT Mr. Grittman introduced the request to subdivide a large parcel into two separate lots. The subdivision would leave the existing home on a parcel with 128 feet along Victory Avenue, and the new building site would have an equal amount of frontage. Recommended Planning Commission Meeting July 22, 2003 approval would include the conditions for an agreement for use of the public right of way for the extension of a private driveway and the requirement of the new home builder to obtain the required wetland permits prior to construction. It has been found that there is a sufficient amount of buildable space on the new lot. Snowplowing concerns with the private driveway will be corrected with appropriate markers installed. Bob Marshall, Realry Executive Results, Mendota Heights, spoke on behalf of the Koppens. The Koppens have since raised nine children on their property, and wish to downsize their lot as they find it hard to keep up with the maintenance of such a large property. Mr. Marshall said all surveys and plans have been completed. Commissioner M. McManus commented on the existing shed that was on the public right of way. This shed will be removed. Chair Lorberbaum opened the public hearing, seeing no one wishing to speak, COMMISSIONER BETLEJ MOVED, SECONDED BY COMMISSIONER B. MCMANUS, TO CLOSE THE PUBLIC HEARING. 6 AYES 0 NAYS MOTION CARRIED Chair Lorberbaum closed the public hearing. COMMISSIONER BETLEJ MOVED, SECONDED BY M. MCMANUS, TO RECOMMEND APPROVAL OF THE SUBDIVISION REQUEST AS PRESENTED WITH THE FOLLOWING CONDITIONS: 1. Agreement on the use of the public right of way for the extension of the private driveway 2. New home builder to obtain the necessary wetland permits prior to construction 3. Removal of existing shed 6 AYES 0 NAYS MOTION CARRIED PLANNING CASE #03-36 Patrick and Elizabeth Donahue ]924 Walsh Lane CONDITIONAL USE PERMIT Mr.Grittman introduced the request approval of a conditional use permit for the construction of an additional storage building. A review of the lot presents an R-1 zoned single family residential lot with 36,520 square feet. The lot has a single family home with an attached garage. The applicant wishes to construct a new storage building to accommodate gardening equipment and bicycles, as the existing shed is too small. Chair Lorberbaum said the existing shed as shown on the plan looks to be located on the property line. Mr. Grittman said the shed is not actually on the line, but the drawing was not done correctly. Mr. Patrick Donohue said he is planning on constructing an addition to the existing home in the area where the existing shed is located. Chair Lorberbaum opened the public hearing. Vern Gunerson, who lives next door to the Donahues, stated the shed is not on his property. Mr. Gunerson said he has no objection to the new shed being built. He asked for clarification as to the maximum square footage allowed for a shed. Mr. Grittman said the Planning Commission Meeting July 22, 2003 standard is 144 square feet, and the applicant needs a conditional use permit to extend that to 384 square feet. The maximum allowance is 1,000 square feet. Seeing no one else wishing to speak, COMMISSIONER BETLEJ MOVED, SECONDED BY COMMISSIONER HESSE, TO CLOSE THE PUBLIC HEARING. 6 AYES 0 NAYS MOTION CARRIED Chair Lorberbaum closed the public hearing. COMMISSIONER B. MCMANUS MOVED, SECONDED BY COMMISSIONER BETLEJ, TO RECOMMEND APPROVAL OF THE CONDITIONAL USE PERMIT AS PRESENTED, WITH THE CONDITION THAT THE EXISTING STORAGE SHED BE REMOVED UPON COMPLETTON OF THE NEW BUILDING. 6 AYES 0 NAYS MOTION CARRIED PLANNING CASE #03-37 Michael Roddy 850 Cheri Lane REQUEST FOR VARIANCE Mr. Grittman introduced the request a variance for a garage setback to permit construction of a 12 foot wide garage stall added to their existing 2-car garage. The variance would permit the encroachment of the garage wall to within 8 feet of the adjacent side property line. It is noted that most of the homes in the neighborhood have only two-car garages. Mr. Michael Roddy, 850 Cheri Lane, said he needed the additional garage space to accommodate his daughter's car as she has been called to duty overseas in the military. Mr. Roddy said he needed Yhe additional two feet in arder to be able to park the car in the garage with sufficient space and explained how he had to juggle three cars and a pickup in his driveway. Mr. Roddy provided signatures of surrounding neighbors in favor of this request. Commissioner M. McManus asked if the fully grown trees along the property line which could provide sufficient screening. Chair Lorberbaum said she finds no hardship presented as the applicant has lived on this property for a number of years, and have put the property to reasonable use. Mr. Roddy said he will put a third car garage on his home, whether it is the required 10 feet width or not. He believes the hardship would be that in putting in the 10 feet garage, the garage would have marginal value to him. He said the hardship would be to spend the money and not get what he really wants. Mr. Roddy said he could not extend to the back as it would negativ�ly aifect the roof line. Commissioncr B. McManus said Mr. Roddy could easily remove the outer wall of the existing garage when adding the third garage as that would free up some space to access the car while in thc garage. Chair Lorberbaum opened the public hearing. Mr. Lou Hurvitz, 858 Cheri Lane, said the Roddy's property is always maintained and strongly supports this request as he believes this would be a good addition to the neighborhood. Mr. Hurvitz said the properties were laid out when two-car garages were being built, however it is common for homes today to have three-car garages. Mr. Hurvitz said he understands why the city has their requirements, but questions the spirit of the law in that some instances the requirements may be outdated. Planning Commission Meeting July 22, 2003 Seeing no one else wishing to speak, COMMISSIONER BETLEJ MOVED, SECONDED BY COMMISSIONER M. MCMANUS, TO CLOSE THE PUBLIC HEARING. AYES NAYS MOTION CARRIED Chair Lorberbaum closed the public hearing. COMMISSIONER BETLEJ MOVED, SECONDED BY COMMISSIONER HESSE, TO RECOMMEND APPROVAL OF THE VARIANCE AS PRESENTED WITH THE HARDSHIP BEING A CONTROVERSIAL INTERPRETATION OF PUTTING THE PROPERTY TO REASONABLE USE. Further Discussion Commissioner Hesse said he seconds this motion on the basis he does not wish to have cars parked on the streets that would hinder snow plowing, as well as having a lot of cars parked in front of the home. Commissioner M. McManus said she supports the morion as long as there is sufficient screening provided by thc trees along the property line Commissioner B. McManus said he struggles with the concept of humanizing the city laws, or whether the Commission's decision is based according to the letter of the law. Chair Lorberbaum said the Commission looks at each individual case on it's own inerit. Commissioner B. McManus said that would deter residents from coming into the City with similar requests based on this case giving precedence. Commissioner B. McManus said the applicant could make this wark without a variance by redesigning the current garage and taking out the outer wall. 3 AYES (Commissioners Betlej, Hesse, M. McManus) 3 NAYS (Chair Lorberbauin, Commissioners B. McManus and Miller) MOTION FAILED PLANNING CASE #03-38 Timothy Lynch 840 Wagon Wheel Trail CONDTTIONAL USE PERMIT Mr. Grittman introduced the request for approval of a conditional use permit to construct a detached two-car garage to the rear of the property. Mr. Grittman said the existing home does not currently have a garage, but only a small garden shed. Mr. Grittman said that the property does not allow sufficient space to construct an attached garage. Commissioner B. McManus said the applicant has no choice but to have a detached garage and asked the applicant if he would consider removing the garden shed and add more area to the garage to accommodate his storage needs. Mr. Timothy Lynch said the garden shed is used to store his lawn mower and other gardening equipment, and he would rather keep this shed as is. Chair Lorberbaum opened the public hearing, seeing no one wishing to speak, COMMISSIONER BETLEJ MOVED, SECONDED BY COMMISSIONER MiLLER, TO CLOSE THE PUBLIC HEARING. AYES NAYS MOTION CARRIED Planning Commission Meeting July 22, 2003 Chair Lorberbaum closed the public hearing. COMMISSIONER BETLEJ MOVED, SECONDED BY COMMISSIONER HESSE, TO RECOMMEND APPROVAL OF THE CONDITIONAL USE PERMIT AS PRESENTED. AYES NAYS MOTION CARRIED PLANNING CASE #03-39 Thomas and SusanGrojean, Thomas Mihm 680 Hidden Creek Trail VARIANCE REQUEST Mr. Grittman introduced the case where the applicants are seeking a variance to construct a home in excess of the allowed building height requirement. The property is in the Hidden Creek Estates subdivision, commonly known as the Ridder property. Mr. Grittman reminded the Commission of the historical zoning line that divides this subdivision. The applicant's property is zoned R-1, and is located direcfly on the boundary line. The applicants wish to construct a two—story home with a roof height in excess of 4 feet. Mr. Grittman said this is a very large parcel, well in excess of the R-1 standards. The applicant has based the request on the close proximity to the R-lA zoning district. Staff recommends the variance is denied as the applicant can make reasonable use of their property by either redesigning their home or seek a rezoning of the lot to the R-lA zoning district. Commissioner M. McManus asked for clarification of the "spot-zoning". Mr. Grittman said spot zoning is used when property appears to be inconsistent with the surrounding neighborhood. With this particular request, this would not be the case. It is noted that the following addresses along Hidden Creek Trail are located in the R-1 zoning district: 703, 700, 697, 691, 690, 680. Although it appears that a portion of the property at 680 Hidden Creek Trail would be in the R-lA zoning district, Mr. Grittman said the actual position of the home would not be inside that boundary, and therefore a variance would be needed to construct the home as presented. Discussion was held regarding the pros and cons of rezoning the whole area to an R-lA zoning district. There is a concern that by doing so, future home builders may be coming back for more variances due to other setback issues, mainly property line setbacks. Mr. Hollister said the applicant would have to pay a higher fee to have their property rezoned, and if the Planning Commission does not want to grant the variance, it would be more appropriate to pursue the rezoning. That recommendation would then go to the City Council, and if they were of the similar mind, it is anticipated that the variance would be denied, and they would instruct the applicant to apply for a rezoning. In this case, Yhere would be Yime constraints to allow for proper notifications and planning meetings. Mr. Hollister gave a historical overview of why the zoning is the way it is, and said the City felt they could live with the zoning as it currently is and can safely plan to develop within those zoning guidelines. Mr. Hollister said it is fair to tell the applicant that if they choose to rezone, that would add about two extra months to the approval process. The applicant could submit an applicarion to rezone and have it in by the deadline of August 5`�' before the Council meeting. Commissioner B. McManus said the Commission should look at whether they want to bother with spot zoning unless the applicant is in a big rush. Tom Mihm, Mihm Custom Homes, Eagan, MN, is the applicant representing the Grojeans as their chosen homebuilder. Mr. Mihm said the design of homes today are commonly higher than in the past and sees that future building will continue that pattern. Mr. Mihm said he was not aware of any height restrictions in the zoning requirements. Mr. Mihm said the hardship cannot be identified except that the home would have to be redesigned, and that would probably be financial. Planning Commission Meeting July 22, 2003 Mr. Hollister said if the City decides to "downzone" to an R-lA, all the property owners will have to be notified. There are issues regarding tax allocations and property value assessments that will need to be addressed as well. Commissioner B. McManus reminded the Commission that they had just denied recommendation of a homeowner that requested a two foot variance request, and now this is for a four foot variance and that he is having difficulty in justifying granting approval for this when the architect and developer did not lrnow the requirements. Chair Lorberbaum opened the public hearing. Susan Grojean, applicant, currently resides at 1615 Gryc Court. Ms. Grojean said this was their dream house and they have been working long and hard on this design, taking a year to develop. Ms. Grojean said the second story is within the higher portion of the home, and when they designed the home, they had no idea that these issues would come up. They were under the impression that this would be allowable, and therefore continued to pursue the construction loan. Ms. Grojean said her hardship would be that the timeframe of the loan would run out if they have to take additional time to pursue rezoning, and that a hardship is also present in that she cannot have a home that would fit in with the rest of the neighborhood. Mr. Dick Braun, 2471 Angel Road, Sunfish Lake, represents Bill and Diane Mackens of Inheritable World. Mr. Braun said the building height issue was an oversight. Mr. Braun said the homes currently being built on lots 2, 7, and 12 are all consistent in size and style and would like to see the variance granted for the Grojeans to fit into these other buildings. Commissioner Betlej said it seems the lot is split between the two zoning districts and therefore, this could be determined either way. Mr. Hollister said when the lot straddles two zones it is up to Council interpretation, and usually it is the more strict zone that applies, which in this case is the R-lA. Mr. Hollister said if the Planning Commission wants to make a finding that this can be considered an R-lA lot, a variance is not needed. Mr. Grittman said when reviewing the plat, the zoning line bisected the lot, and it was looked at where the buildable area was, which was in the R-1 zoning district, therefore it may be difficult to determine. Seeing no one else wishing to speak, COMMISSIONER BETLEJ MOVED, SECONDED BY COMMISSIONER M. MCMANUS, TO CLOSE THE PUBLIC HEARING. 6 AYES 0 NAYS MOTION CARRIED Chair Lorberbaum closed the public hearing. COMMISSIONER BETLEJ MOVED, SECONDED BY B. MCMANUS, TO RECOMMEND THAT THE PLANNING COMMISSION'S INTERPRETATION OF THiS CASE IS THAT THiS LOT HAS A ZONING OF R-1 AND R-lA, IN TH�S CASE WE LOOK TO THE MORE RESTRICTIVE ZONING AND THE SUBMITTED PLANS WOULD QUALIFY UNDER THAT MORE RESTRICTiVE ZONING OF R-lA, AND IF IT IS THE CITY COUNCIL'S INTERPRETATION THAT THIS IS NOT THE CASE, THEN WE RECOMMEND THE VARIANCE FOR THE EXCESS BUILDING HEIGHT WITH THE HARDSHIP BEING THE CONFUSION CREATED BY THE DUAL ZONING OF THE PROPERTY. Further Discussion Commissioner B. McManus said he can see the legal merits of the first part of this resolution, but the second part is not accurate based on what was presented. A resolution therefore would be based on an inaccurate assumption in the resolution that they (the applicant) had not known what they were doing. Chair Lorberbaum said she was comfortable with the first part, but not the second part. 3 AYES (Commissioner Betlej, Hesse, M. McManus) 3 NAYS (Chair Lorberbauin, Commissioners B. McManus, Miller) MOTION FAILED Planning Commission Meeting July 22, 2003 COMMISSIONER B. MCMANUS MOVED, SECONDED BY CHAIR LORBERBAUM, TO RECOMMEND IT IS THE PLANNING COMMISSION'S INTERPRETATION OF THIS CASE THAT THE LOT HAS A ZONING OF R-1 AND R-lA, AND THAT WE LOOK TO THE MORE RESTRICTIVE ZONING WHEREAS THE SUBMITTED PLANS QUALIFY. AYES NAYS (Commissioner Hesse) MOTION CARRIED CHAIR LORBERBAUM MOVED, SECONDED BY B. MCMANUS, THAT IF THE UNDERSTANDING AGREED TO IN THE PREVIOUS MOTION, TO RECOMMEND DENIAL OF THE VARIANCE AND THEREBY ASK FOR REZONING OF THE PROPERTY TO R-lA. 2 AYES (Chair Lorberbaum, Commissioner B. McManus) 3 NAYS (Commissioners Betlej, Hesse, M. McManus) 1 ABSTENTION (Commissioner Miller) MOTION FAILED Commissioner M. McManus said she would like to see a very detailed report on the Ciry Council's discussion be submitted at the next Planning Commission Meeting. VERBAL REVIEW • Planning Case 03-23 - John Gelderman — Conditional Use Permit and Wetland Permit: Approved as recommended. • Planning Case 03-16 - Craig Wagenknecht—Preliminary Plat and Variance: Planning Commission recommended approval; City Council denied and directed the applicant to construct a public str^eet. • Planning Case 03-26 - Robert Fink — Variance and Subdivision Approval: Tahled at the request of the applicant. • Planning Case 03-27 - Thomas Minea — Wetland Permit: Approved as recommended. • Planning Case 03-28 - Mendota Heights United Church of Christ — Conditional Use Permit Amendment: Approved as recommended. • Planning Case 03-29 - Christine Snyder and Stephen Landry — Conditional Use Permit and Variance: Approved as recommended. • Planning Case 03-30 - Mendota Heights Par 3 Golf Course — Comprehensive Plan Amendment: Denied as recommended. • Planning Case 03-09 — Burows Farm — Preliminary Plat: Denied as recommended. • Planning Case 03-31 — Preliminary Plat and Variance —Planning Commission recommended for approval, it was denied by Ciry Council for lack of hardship and the represen2ation made by the attorneys of the neighbors regarding the violations of the covenants. • Victoria Road — in the process of being turned bacic and the City is working with the County in a joint powers effort. A draft from the attorneys will be submitted in the near future. COMMISSIONER BETLEJ MOVED, SECONDED BY COMMISSIONER HESSE, TO ADJOURN THE MEETING AT 10:15 PM. AYES NAYS MOTION CARRIED Respectfully submitted, Becki Shaffer, Recording Secretary �