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2003-04-22 Planning Comm MinutesPlanning Commission Meeting Apri122, 2003 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PLANNING COMNIISSION MINUTES April 22, 2003 The regular meeting of the Mendota Heights Planning Commission was held an Tuesday, Apri122, 2003 in the Cauncil Chambers at City Ha11, 1101 Victoria Curve. The meeting was called to order at 7:30 p.m. The following Commissioners were present: Chair Lorberbaum, Cammissioners B. McManus, Miller, Betlej, Dolan, Hess, and M. McManus. City Staff present were Public Works l�irector Jim Danielson and Administrative Assistant Patrick C. Hollister. Also present was Planner Steve Grittman. Minutes were recorded by Becki Shaffer. APPROYAL OF MINUTES The Cammission reviewed the minutes of March 25, 2003. The following corrections were made: Page 1- 4�' paragraph should read: "Chair Lorberbaum said that Cases No. 03-09 (Burow Farm) and Q3-13 ,�Viichael Bader) expect to be tabled. Page 4— 4�' paragraph, lst sentence, should read: "Mr. Brixius said the issue that creates the hardship is the width on the lot, not the lat area." Page 8— 3rd paragra�h, should read "Chair Lorberbaum said she is more comfortable with the three lots as designed in the revised design." Page 16 — last paragraph, 1 St sentence should read: " Dodge nature center has the option of purchasing the property from MnDOT." Page 18 — 4�' paragraph, 1 St sentence should reaci: "Commissioner B. McManus asked if Mendota Heights has the demographics to support this type of development." Page 18 — 4`�' paragraph, 3`d sentence should read: "Chair Lorberbaum said the developer has most likely done their homework or they would not be interested in this site." Page 19 — S�' paragraph should read: "Commissioner Betlej said he would like to have all this work tied together to be worked on at one time, and not have the existing buildings be ignored." Page 19 — 8th paragraph, last sentence should read: "Mr. Henks said this consisted of about 8.3 acres. Planning Commission Meeting April 22, 2003 Page 20 — 5�' paragraph shouid read: "Cornmissioner polan said it wauld be nice to have the trail connection and agrees that the parking could be changed to reduce the size of the existing parking space." COMMISSIONER BETLEJ MOVED, SECONDED BY COMMISSIONER DOLAN, TO APPROVED THE MINUTES OF MARCH 25, 2003 AS CORRECTF.D. 7 AYF,S 0 NAYS MOTION CARRIED Chair I,orberbaum requested that all firture packets submitted to the Commission include maps with major intersections designated ta a11aw tlie Commission members to find the properties more easily. HEARINGS PLANNING CASE #03-08 Rongitsch Properties 2180 Legington Avenue South P12ELIlVI.INARY PI�AT, "NA'I'FR ESTA'I'ES" Mr. Grittman presented the location map for the proposed Nater Estates subdivision. The plat provided is a revised version from tlie March meeting, as the previous application contained jogged lot lines at the setback line, and the applicant has revised the plat as a result from feedback from the March Planning Commission meeting. The revised plat shows two 100-ft. lots and one 80-ft. lot along Cullen Avenue, with the remainder of the 285-ft. of fr�ntage along Lexingtan Avenue. These lots are all in excess of the R-1 standard and the city's condition that Lexington Avern�e pravide adequate frontage to comply with the zoning standards. Mr. Grittman further reviewed some details of the plat and answered questions from the Commission. Cammissioner M. McManus asked if all the lots will access Cullen Avenue. Mr. Grittman said that was correct. Cammissioner Hesse asked if the lot has any need for a variance with the 8�-ft. frontage. Mr. Grittman said the length along this frontage suffices for frontage requirements for the R.-1 standard. The front yard is designated as Lexington Avenue. A 3Q-ft. setback will be required from both Lexingtan Avenue and Cullen Avenue. Commissioner Betlej asked where the rear lot line was designated. Mr. Grittman said the rear lot line was along the southern property line, and is one of the issues raised by the definitions for lot front and lot width in the ordinance, as it leaves some flexibility of interpretation as to what is required. It was noted that the City has practiced some flexibility in the past. Commissioner Miller asked if this would then be a L,exington address. Mr. Grittman said he was not sure. Chair Lorberbaum said that the street entrance does not necessarily need to be from the designated front yard. Pla�znirzg Commission Meeting April2l, 2003 `✓1r. Mike Rongitsch, applicant, 1679 Lakeview Court, Lakeville, MN, asked for clarification as to whether the variance was needed. It was decided t11at it was not. Mr. Rongitsch asked if he could have his money returned from when he had applied for the variance, which he was told, at that time, he needed. Chair Lorberbaum said that woizld have to be worked out with the City Cot.incil. Chair Lorberbaum opened the public hearing. There being no one present wishing to speak, a mation will be asked to close the public hearing. COM[MISSIONER �iETLEJ MOVED, SECONDED BY COMMISSIONER B. MCMANUS, TO CLOSE THE PUBLIC HEARING. 7 AYES 0 NAYS MOTION CARRIED Chair Lorberbaum closed the public hearing. COMIVIISSIONER BETLEJ MOVED, SECONDED BY COMMISSIONER DOLAN TO RECOMIVIEND A.PPROVAL OF T]EIE SUBDIVdSION AS �VISED. 7 AYES � NAYS 1VI0'I'IOI�T C:�Iti�i) PLANNING CASE #03-09 Surows Farm LLP: Dan Tilsen 1875 Victoria Road PREI,IMINARY PLAT FOR 7-LOT SUBDTVISION Mr. Grittman intraduced the request for a preliminary plat for a 7-lot subdivision. The applicant is requesting a preliminary plat and a wetlands permit. All seven lots will front Victoria Road, and most have approximately 100-ft. width frontage. There is a pond to the rear of the proposeci subdivision, which is surrounded by single family properties. The applicant is reqtzesting that the city vacate a drainage easement that follows the contour within this frontage. There has been some consideration of consolidating some of the access points, as the primary concern from a planning standpoint is the access to Victoria Road. A number of configurations have been reviewed, but there is no way to create this subdivision and still maintain the objectives of the applicant for seven lots. All lots meet the R-1 standards for width and area. The wetlanci permit. would be for the purpose of grading within the 100-ft. buffer zone as the applicant is proposing all building sites to be �utside af the 1(?0-ft buffer. Commissioner B. McManus asked Mr. Grittman if Dalcota County has approved the concept of having seven driveways upon that stretch of road. Mr. Grittman said he does not believe that is the case at this time, and it is still an outstanding issue. Planning Commission Meeting Ap�-i122, 2003 Commissioner B. McManus asked if there is any concern with the pond increasing or decreasing in volume. �' Mr. Grittman said the level of the pond is intended to stay within the easement acquired by the city for drainage purposes. Commissianer Miller referreci to the covenants and restrictions. NIr. C'.Trittman said he has no comments on that issue. Commissianer Miller referred to Number Two of the restrictions and asked if there are any restrictions on the number of garage doors. Mr. Grittman said the city has zoning standards that appiy to garages. Chair Lorberbaum asked the planner if he was recommending seven lots. Mr. Grittman said it is not felt that there is a feasible way to redesign the plat and maintain adequate buildable area. The negatives with reducing the ntamber of lots, and having a"loop" road, are that the bizildable areas and the road surfaces wauld be much closer to the pond and to the surrounding neighborhood, thus reducing the ntunber of hames. Wider lots are also an option, however, the planner was not canvinced it was necessary in this case as the proposed lots exceed the area standards and are well within the character of the neighborhood. Cammissioner polan asked if there will be any study done �n the impact of the street tra�c as a result of constn�cting more homes. Commissioner polan said Victoria Road is not very wide and there have been some safety concerns about the intersection of Victaria and Marie. Mr. Grittman said he was confident that Dakota County will look at the driveway issue on Victoria Road. Mr. Grittman said the coianty has the tzltimate decision on the driveway issues as well as the stop sign issue at Victoria and Marie. Chair Lorberbaum asked if the Commission likes the proposed seven-lot design, but the County would prefer 5 or 61ots; daes the revised plan came back before the Commission again? Mr. Grimnan said if the plat layout changes, it would need to be reviewed again. Commissianer polan said he would defer to the Caunty on that issue, and even though he likes the homes being cioser ta Victoria Road, he still sees a safety issue with the number of driveways. Commissioner Hesse asked if there has been a farmal wetlands delineation done. Mr. Grittman said he believes there has been. Commissioner M. McManus said one of the recommendations was to table action regarding the driveways until informat.ion was provided from Dakota County. Mr. Grittnian said Dakota County was working on the issue and the planner is comfortable with carrying this layout forward. Commissioner M. McManus said drainage easements have been identified, as well as the need to create sedimentation ponds to control storm water. Commissioner M. McManus asked Mr. Grittman to indicate on the map where those ponds will be located. Mr. Grittman said there will clearly be more impervious surface created and will need the ponds to catch the additional runoff. Dan Tilsen, applicant, 1�i53 So. Victoria Road, handed out a revised layout and thanked the Commission and Staff for tl�eir assistance with this process. Mr. Tilsen offered the following comments: a Mr. Tilsen spoke with the Police Department regarding safety and traffic issues. He found that in the last three years, there have been no accidents at the 34 existing driveways between Highway 13 and Lexington Avenue. T11ere are 16 intersections between these two points, and the only accidents have occurred at the 4 Planning Commission Meeting Apri122, 200.i intersections, the worst being an Marie Avenue. Mr. Tilson said he lived on Victoria Road far 49 years, and has never had an accident at his driveway. Mr. Tilson also believes that Victoria Road is safer than most coi.inty roads as the speed limit is only 35 mph. � Impact on Wetlands: Mr. Tilsen said he is looking far the lowest impact and staying as far away from tlie wetlands as possible, saving as many trees as possible, and buiiding the least amount of hard surface possible. The pond has an outlet and the sediment ponds will handle the increased amount of flood storage. � Mr. Tilsen said the neighbor to the sauth voiced his concern that he will have to look at the foundation of the home nearest to him. Mr. Tilsen said he hapes this will be a very gaod looking house and will be architecturally designed to fit the land and be aesthetic to the neighbars. Comrnissioner Betlej asked Mr. Tilsen if he received any indications fram the County regarding the driveways. Mr. Tilsen said he believes the County is struggling with this issue due ta the iuuque cha,racter of the county road, but has not heard anything. Mr. Tilsen said the wetland was delineated about 5 years ago for a previous praposal that was presented in front of the Cammissian when Mr. Tilsen was on the Cornmission. Cammissioner Betlej said people have commented an their enjoyment of the lalce, and asked if something could be done with scenic easements to a11ow for the residents to continue enjaying the view that would other wise be bl�cked by the homes. Mr. Tilsen said that area is preserved for storm sewer and city access to the pond, and there is a 20-ft. wide easement that needs to be preserved for this access and that will be free of any fencing, plants, etc. Mr. Tilsen said he has not indicated a trailway system to the pand as residents expressed issues -egarding the maintenance. Chair L,orberbaum said she also wants ta have a site line to the pond area ta allow residents to enjay the view. Chair I,orberbaum asked Mr. Tilsen if he had any alternative plans. Mr. Tilsen provided several different options. A loop road concept wouid force the homes into the wetlands and creat more hard surface, as well as taking out all the trees. Mr. Tilsen discussed same of the landscaping details that will be implemented. Mr. Tilsen has nat had any dealings with Dalcota County regarding plantings. Commissioner M_ McMarnis asked if any conclusions or recornmendations have been reached with the Park Commission. Mr. Tilsen said the park dedication would be cash as it is his understanding the Park Commission does not want a park in that area. Chair I,orberbaum said that would be the standarci of $1,500 per lot. Commissioner M. McManus said when that decision is finalized by the Council, she would like to see some notification conveyed ta residents. Chair Larberbaum opened the ptzblic hearing. John Thul, 970 Stratford Road, lives just south of the praposed property. Mr. and Mrs. Thul feel this walkway t� the pond would be nice for the cornmunity. Mr. Thu] said it would not be necessary to rnake a park, but a bench in recognition to Tom Burow in the area would be a good a�nenity. Mr. Hollister said the Parks Commission recommended a cash dedication in lietz of land as the homeowners may not want to have the general pizblic have access to the pond. A cash dedication woi�ld then be applied 5 Planning Commission Meeting Apri122, 2003 toward a structure in Marie Park with a plaque memorializing Mr. Buraw, as well as thanking the Tilsens for their generous cash donation. Mr. Craig Dahl, 952 Stratford Road, said he wanted Mr. Tilsen to pizll civil engineering maps and describe the change in elevation in the lay of land currently, and points at 3Q-ft. back from the setback of the raad, as well as 45-ft. and 6Q-ft. Mr. Dahl's properly is adjacent to proposed Lot 7 and he wishes ta know how the land will meet his property line. It is Mr. Dahl's understanding fihat the foundation of the existing site would be abaut 10- ft. above the rear property line, which means he would be looking at a significant amoiant of foundation. Mr. Dahl requested information on the proposed retaining wa11, water drainage, and fill material. Mr. Dahl also referred to lot widths of surrounding neighbors and said t11e standard along Victoria is in excess of 120-ft. Mr. Tilsen said due to the walkout design, the foundatian will be seen on the back and the side of the home, and have windows loaking into the basernent. Mr. Tilsen said Mr. Dahl will acivally be lo�king at the wall of the basement. The drainage will still go into the pond inside the praperly line and there will be no retaining walls needecl. Mr. Tilsen said fill will be taken from the excavation already on the property. Mr. Tilsen said he had not looked at the width of the lots along Victoria Raad, but would compare to the lot sizes that are on tl�e frontage of the neighboring properties mostly to the west. Commission Dolan asked what the price range wauld be. Mr. Tilsen said he would anticipate the lots to be about $200,OQQ and buyers will work with one of several authorized builders far custom designed homes. Mr. Tilsen said the covenants were supplied in the packets. Kevin Milberry, 1000 Oxford Court, wanted to know if there were a.ny alternative plans developed for something other than residential homes, and something that may preserve some of the barn and fatmland. Mr. � Tilsen said he looked at townhouses, and said the barn is in bad shape and woulci not be savable economically. Mr. Tilsen shared a concept of constnicting 1(one) three-story, 24-unit condominium building with undergratand parking. Mr. Tilsen said he would look at this proposal if requesteci to. Craig Geller, 978 Stratford Road, asked the following questions: 1) wouid a11(if any) fencing woulci be constructed of the same design and material, 2) what are the plans for lawn sez-vices around the wetland, and 3) has an E�'A Impact S�i�dy had been performed ta address fertilizer concerns. Mr. Tilsen said the fencing is at the ma�cimum height of what the Ciiy all�ws or lower, and according to the covenants, there are no restrictions that fencing has ta be the same from one lot to another. Mr. Tilsen said an EPA study is not needed as the covenants address fertilizer issues. Mr. Tilsen referred to the maintenance questian by saying cutting or controlled burning can be done, and will maintain the area as prairie grass. C'ommissioner Betlej asked if fences will be allowed within the drainage and utility easement. Mr. Tilsen said the easement used for access to the pond would not allow fences and will not restrict any fencing fiu-ther than the city requirements. COMMISSIONER BETLEJ MOVED, SECOND�D BY COMMISSIONER DOLAN, TO CLOSE THE PULiLIC HEARING. 7 AYES 0 NAYS MOTION CARRIED < Planning Commission Meeting Ap�•i122, 2003 �hair Lorberbaum clased the public hearing. COMMISSIONER BETLEJ MOVED, SECONDED BY CHAIR LORSERI3AUM, TO RECOMMEND APPROVAL OF THE PRELIMINARY PLAT AND WETLAND PERMIT AS PRESENTED, WITH 'TFIE FOLLOWING CONDITIONS: l. SITE LINES BETWEEN LOTS 5 AND 6 BE INCLUDF,D 2. DRIVEWAY APPROVAL FROM DAKOTA COUNTY Further Discussion Comrnissi�ner M. McManus stressed some concerns about the last lot anci what the neighbor will see from his property. Commissianer polan said more discussion needs to be held regarding the neighbors' opinions of the c3rainage easement. Chair Lorberbaum said she believes the Park C�mmission has considered it, and would recommend anyone with strong apinions on this cancern to bring their concerns to the City Council. 7 AYES 0 NAYS MOTInN CARRIED PLANNING CASE #03-13 Michael Bader S�3 De��wa�-e Avenue [It is noted Commissioner polan has recused himself from this case] Mr. Grittman intxoduced the case in which the applicant proposes to subdivide his property into three buildable lots as depicted on the map. This would entail extending the existing cul�-de-sac soirth to access the proposed two lots. The Planner's recommendation was that the applicant could apply far a variance for the cul-de-sac as it would exceed the normal, m�imum length of 500-ft. The proposed cul-de-sac would be 750-ft. It is the applicant's intent there will be no further developing of the properiy. Mr. Grittman said there has been some correspondence fram neighbors relating to private covenants that were put in place as part of the Foxwood development, and may affect the applicant's ability to develop the plat as proposed, and might be a matter of personal properiy rights between property owners. Typically, covenants are r�ot enforced by the City, however Mr. Grittman said these covenants needs to be taken into consideration to protect the rights of the property owners. Mr. Grittman said the Fire Department has submitted a supplementary comment, which states their concerns relating to the cul-de-sac length as well as street construction. The applicant has included in the packets an alternative map showing the Foxwood cul-de-sac left undisturbed and constructing a new private road to access the proposed lots. The Fire Department has indicated they are not fond of thai option any more than the �roposed plan. Plan�zing Cor�zmissio�z Meeting Apri122, 2003 Mr. Grittman said all the lots meet the requirements of the R-1(A) zoning district for size. Commissioner M. McManus said this plan presents a major obstacle based on the memo from the Fire Chief. Mr. Grittman said the Fire Department's reaction was that the cul-de-sac was a concern to them in any case, regardless af the impravements. However, should the plan go forward, the streets would be widen to accommadate the standard street size requirements. Commissioner M. McManus asked if this will continue to be a private road. Mr. Grittman said it is presently heing referred to as a public right of way with a private driveway built on it, and he is not sure whose responsibility it is to maintain it. The applicant indicates the cul- de-sac is a public road, but the extensian wauld be a private road, and this private road concept presents concerns from the Fire Department as to the maintenance and proper construction of the road. Cha.ir Lorberbaum said it is her understanding that the Fire Chief thinks the cul-de-sac is too long now for safety, and yet the Planner's OfFce recommends it ta be lengthened. Mr. Grittman said their recommendation only addresses any future development. Commissioner M. McManus said it was her understanding that the width would infringe upon the property owner located at the beginnirig of Foxwaod Lane as the home is very close to the road. Mr. Grittman said the hame does nat sit an the right of way, and the widening would only occur within the right af way. C�mmissianer Hesse asked if a smaller section of land (as indicated an the map) wauld be vacated. Mr. Grittman said the original design showed the piece vacated to the center line of the cul-de-sac and leaving the adjoining lot with a smaller frontage. Commissioner Hesse suggested it would be bet�er to have the property ` line extended straight out. Commissioner Hesse asked if this cizl-de-sac wouid be longer than others in the surrounding area. Mr. Grittman said this would be longer than the standard, and there are some cizl-de-sacs that are as long ar langer. Commissioner Hesse asked if there are any standards in place regarding the length of cul-de-sacs. Mr. Grittman said he has no history on the other subdivisions, and occasionally the Ciiy finds justification for an extension if there is no other feasible alternative. Commissioner Hesse asked if there has been any mention of septic systems. Mr. Danielson said there is a public sanitary system in this area. Chair L,orberbaum referred to a section on the map which Mr. Grittman referred to as a"remnant" parcel, and said the ownership of this parcel will have to be identified. Chair Lorberbaum asked about wetlands. Mr. Grittman said there are some wetlands in the area, but all of the buildable areas are outside the wetiand areas. Commissioner Betlej asked about the distance of the rrsi house to the north. Mr. Grittman said the right of way for Foxwood Lane is not being proposed to change in the location by that particular house, but by increasing the road width anci the edge of the actual traveled road would change. 8 Planning Conzmission Meeting Apri122, 2003 �ommissioner Betlej said there was a discussion regarding the size of the lats in the Foxwaod development and it was suggested to have a minimum of 2.5 acres to allow for su�cient area far drainage fields as well as having a secondary clrainage field. Commissioner Betlej said there were also some sail tests and perk tests done at that time. Comrnissioner Betlej asked if there had been any soil testing done for this case, and asked for the opinion of the Planner regarding lot sizes. Mr. C',rittman saici there have been no sail test performed to his knowledge, and he is not convinced that a specific lot size directly affects the drainage issue. Commissioner Betlej asked if the Planner had any concerns with the loop cul-de-sac. Mr. Grittman said the loop would satisfy the cancern over the length of the cizl-de-sac. Commissioner B. McManus comrnented on the maintenance issues. Mr. Crrittman said the extension will be paved. Commissioner S. McManus said there are significant wetlands and asked if there has been anything dane to determine impact on the wetlancis. Mr. Grittman said there will be a significant distance between the wetlands and the building sites. Mr. Michael Bader, applicant, 1673 Delaware Avenue, gave a brief history of the property and their involvement with it. The Baders have worked with Ron Bastier at the suggestion of city staff t� come up with some opti�ns for subdivisions. Mr. Bader sa.id access from the property along his north property line is aut of the questian as it has insufficient width. Mr. Bader said he was discauraged to access the lats from alang the solrth property line adjacent to the l�rake property as there is a steep slope in that area. Mr. Bader said he then ied to work with Mr. Bastier to run the access through an existing utility easement, and has since purchased that lot and is in the process of applying for access for two lots an their lower property. Mr. Bader said he has obtained the services of a professional hydrolagist to loak at the property and set the boundaries for the vegetation, and to review the wetland delineation that was completed in 1992 for the Foxwood property. Mr. Bader said the wetlands on his property have dried up a bit from years past. Perk tests could not be completed dtaring the winter months, and they have been scheduled to commence in the near fu��re. Commissioner Betlej asked Mr. Bader if he is anticipating any further subdividing. Mr. Bader said he is not. Cammissioner Betlej asked if the lots lines could be moved around to accornmadate larger lots to handle septic systems. Mr. Bader said there could be a condition in the approval for the septic system Commissioner Betlej asked Mr. Danielson if there are any special concerns regarding the septic systems. Mr. Danielson said there are not that many septic systems in the City, therefore there are not enough for the City to have an expert on staff to advise on septic system designs. Commissioner Miller asked if there is a sewer system along Delaware Avenue. Mr. Danielson said the City of Mendota Heights does nat, and he is uncertain about the City of West St. Paul. Commissioner B. McManus said the discussion regarding the covenants will be very interesting, and possibly time consuming. Conunissioner L�. McManus asked Mr. Badex- if he has any time schedules. Mr. Bader said he would like to work with the neighbors axld is looking ta the City for guidance, aild hopes to come to some � �reement. Planning Co�nmission Meeting April22, 2003 Commissioner B. McManus asked what Mr. Bader referred to as undesirable wildlife. Mr. Bader taiked about time when he and his family has witnessed cayotes attacking domestic animals in his yarci, and also has had them ixp by the house. Chair Lorberbaum opened the public hearing. Larry Berg, attorney with Fredrikson and Byron af Minneapolis, spoke an behalf of Dr. Lutz and Mr. Atme. Mr. Berg said the C�mmission should nat dismiss the covenants of the Foxwood development. One example is the condition for the roadway width and the concerns of the Fire Depa.riment. In 1993, the neighbors were concerned about this development and the City required the residents to create the covenants to avoid any adverse impacts in the fim�re. A letter submitted from Mr. Berg, dated March 19, 2003, to Mr. Danielson and Mr. Grittman, outlining concerns regarding the extension of the road, as well as the attached covenants, was provided in the Corrunissioners' packets. Gary Fuchs, attorney, 3440 Federal Drive, Eagan, MN, spoke on behalf of Tom and Linda Garrett. Mr. Fuchs hancied oirt an outline and indicated on the map those praperties that have signed the covenants, saying that fihe covenants identify certain praperties in the area that have certain rights and are distinguished between the properties within Foxwood from those surrounding. Mr. Fuchs pointed out these praperties an the map. The covenants were documents created in May, 1993, which was prior to the time the plat was recarded, and none of the surroimding property awners signed the plat, which indicates they did not consent to the plat, and that the declarations in the covenant were not erased by the plat. Mr. Fuchs pointed aut the no cirt zones and the resiricted areas, as laid out in the covenants. Mr. Fuchs referred to the plat of Foxwood Estates that was provided to the Commission, which shows the only easement running to the south in the 35-ft. drainage and utiliiy easement, and not a 50-ft_ right of way. Mr. Fuchs said the purpose of the declaration was to provide for the preservatian and enhancement of the pr�perty (Foxwood) and the neighboring properties. Foxwood praperties is to be developed, transferred, held, sold, and conveyeci subject to the a11 the conditians, one being a no cut zone. Within the no cut zone, this is a portion of the property which is to be maintained in its existing, landscaped condition, subject to changes approved by the committee (that being the three owners of Foxwood). Commissioner Betlej asked for confirmation that these restrictive covenants were signed aff by the three property owners of the Foxwood subdivision. Commissioner Betlej said none of those signatures appear on the plot. Mr. Fuchs said that it was signed �ff by the person who owned Foxwood before it the plat was recorded, and not signed on by any of the current owners. Mr. Fuchs said Mr. and Mrs. Bader purchased their property with full knowledge of these restrictions and the declaration. Mr. Fuchs said there are variances given for cul- de-sac length for circiunstances that show a hardship. Mr. Fuchs says there is no hardship in this case. Mr. Fuchs said it appears the length of a cul-de•-sac from Delaware is the same as it woizid be from Wentworth. If a variance is needed for the same distanced cul-de-sac, it should come from the Baders' property. Cornmissioner B. McManus asked if the alternative drive from Delaware could be done without violating a multihzde of covenants. Mr. Fuchs said he believes that coizld because tlle coveriants apply only to the Foxwood plat, and not to the Bader parceL The Garrets will not consent to having this road extended. Mr. Fuchs said the City Council could approve this plat, but then how would the road be built? i[�7 Planning Conzmission Meeting April2z, 2003 Tim Au.ne, 2246 Fairmant Avenue, is building on Lot 2. Mr. Aune said the road will be paved this summer. ivlr. Aune explained haw the extensi�n of the cul-de-sac would affect their home. Mr. Aune said Mr. Bader is entitled to get the value of his back acreage, and he has a way to do it. There is nat enough room to accommodate this plan. Mr. Drake, 1695 Delaware, is a resident that lives just south of the l�aders. Mr. Dra.ke said he has lived in Mendota Heights since 1954. Mr. Drake said his property is not involved in this plan, but the iciea of building an access from Delaware Avenue to access the back of the Bader property is not acceptable, as there is a very sharp daw�ih.ill drop in that area, as well as he does not desire to have additional traffic along the northern portion of his property. 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. Further Discussion Commissioner Betlej said he was uncamfartable with some of the assertians that the city made same �quirements of the ariginal develaper of F�xwood to produce covenants and perha�s an opinian from the City Attorney would be needed t� gain better guidance on how to praceed with this case. Commissi�ner Hesse agreed with Commissioner Betiej's comments and was confused as ta how the covenants really affect the decisian of the Cammissian. If the Commission agrees to the propasal, the covenants c�uld overrule. Mr. Hollister said he does not believe any one amongst city staff has said that the existence or contents of the covenants is not material for the deliberation by the Planning Commission, the City Councii, Ciiy Staff, and the city as a whole. Private covenants are filed with Dalcota County and nat the City of Mendota Heights. Mr. Hollister said that these important pieces are really a question for the attorneys about whether denial or approval of an application should be influenced by anticipated conflicts with private covenants. Mr. Grittman said that at this time, the Commission is only looking at a preliminary plat that clearly has something that interferes with the normal processes, and that the City Attarney will have to review the case. Mr. Grittman said the Commission is only looking at the prelirninary plat proposal a.nd dealing with the layout issues, but it would be valuable to have some legal counsel. Mr. Grittman said the ordinance is slightly vague as to whether a variance is actually needed. Chair Lorberbaum said it will be assumed it is needed as it was written in the Planners Report. Commissioner Betlej commented on the reference of other similar cases, such as Orchard, and asked if that was processed as a variance? Mr. Danielson said it was not processed as a variance. i�i Planning Commission Meeting Apri122, 2003 Commissioner M. McManus said she was disturbed by the conversation about the city requiring a covenant. � Commissioner M. McManus said one af the statements made in the background information is that the "granting of the variance will not be detrimental to the puhlic welfare or injurious to other property in the territory to which the property is situated". Commissioner M. McManus said she has some concerns about the recammendation to extend the length of the cul-de-sac, and the feedback frorn the Fire Department regarding the emergency vehicle access. Commissioner M. McManus said she believes there is an individual with a property that would really be seriausly compromised by the raadway being either wideneci or extended. Mr. Grittman said the length of the cul-de-sac is inelevant to the positioning of the existing properties, and the relationship ta the right of way adjacent to the properties that were being referenced there does not change. The only question is whether or not the street would be paved as now the street is substandard accarding to the city requirements. The city might chose at some time to pave the street for public safety ptuposes in regards to the cui-de-sac construction. Mr. Grittman said the current properiy owners may have an issue with additional tra�c going through there. Mr. Grittrnan read a portion from the ordinance that says "cul-de-sacs shall normaily not be longer than SQO-ft., including internal turnarounds ..." and that the city has permitted longer cul-de-sacs on occasion, thus creating the requirement for a vaziance process. ' ; �' : ' : • ! 1 � 1 1 . 1 ' � 1 _�_ � ►�u I • � s - � � �� :_ ' ' - _.- .:_�I I �- � _-� _ � _ ' �_ _ Further Discussion Chair Lorberbaum said she was uncomfortable with the length of the cul-de-sac, and would prefer that the road ` be a public road, which may cause issues with the property owners ciarrently there. Chair Lorberbaum said the Commission is not in the business of re-platting anci she is, at this point, uncomfortable with what she sees. Chair L,orberbauzn said she also would like to obtain some legal counseling on this case. Cornmissioner B. McManus said this resolution is not necessarily negative to the applicant, as the Commission could approve everything, then the applicant could take this to cotaxt and may not win the case. Cammissioner B. McManus said he would like some legal advice as to which process should come first ... that being the decision based on the covenants, or the decision of the Commission. Commissioner Betlej said he was uncomfortable that the motion refers to this as clearly being a variance issue. Chair Lorberbaum said she is choosing that because there is a statement before them that this is a preliminary plat and a variance reqtzest. Commissioner Betlej said that the city attempted to encourage cooperation amongst the various land owners in this area and found none, and perhaps the precedence here would be that the city will end up with numerous dead end cul-de-sacs if there is not any sort of cooperative type of development. Commissioner Betlej said he is not comfartable with what is being proposed here, but he is not totally unwilling to dismiss it either. Comrnissioner B. McManus said the intent of the Coinrnission is to try to help everyone win and askecl if there would be any benefit to tabling this as there seems to be no big nzsh for a judgement. Chair Lorberbaum said she believes the parties have tried to negotiate, and because there is one house being constructed, time is of the t? Planniizg Commission Meeting April22, Z003 �ssence as water needs to be installed soan. Commissi�ner B. McManus said time is not of the essence as they already have road access. 4 AYES 2 NAYS (Commissioner B. McManus and Betlej) MOTION CARRIED PLANNING CASE #03-15 Paul Haggerty 645 Sibley Memorial Highway VARIANCE/CRITICAL AREA PERMIT' FOR A FRONT PORCH, REA12 DECK, AND LANDSCAPE PLAN Mr. Grittman reviewed the application for a variance and Critical Area permit for construction and vegetation remaval within the bluff line of the Critical Area. The variance is for a frant yard setback for a covered porch area af the existing home, as well as a variance to the bluffline setback for a proposed deck in the rear af the hame. Mr. Grittman said the variance for the rear deck area is not necessary to meet the setback requirements, and actually exceeds the requirement. The variance is required for the front porch construction as the proposed extension will extend further into the setback area, and it is noted that the existing structure is already forward of the two adjacent structures. Mr. Grittrnan said a hardship is not present in this case. Mr. Grittman said the :iy has approved some variances for front porch construction in the past for encroachment into the required frant yard where that p�rch was designed ta pravide weather protectian over front entryways. In this case, this parch is primarily aesthetic in nature. Mr. Grittman said it would be an aesthetic improvement, but it does not meet the reqtzirements of the variance. Mr. Grittman said the Critical Area penmit applies ta canstruction within the Critical Area, and it appears the deck would meet the requirements. Mr. Grittman said a permit far this area relates to vegetation removal within the bluff area. The DNR has supplied information to the Commissian that there is no information on the vegetati�n which was already removed, and this is one of the standards needeci for review of such alterations in the Critical Area. Commissioner Betlej asked if an additional variance is being created for the front porch. Mr. Grittman said there is a part of the porch which would encroach into the required front yard area, thus needing the variance. Chair Lorberbaum said the repair plan is to be submitted by April 21, 2003. Mr. Grittman said the applicant has proposed some repair of the area and it is the concern of the DNR. and Planning Staff that the vegetation in that area prior to the preparation of reports is iznknown. Chair Lorberbatun said any decision would be tabled based on this information, rather than saying the application is denied or approved contingent on gathering this information. Mr. Grittman said this could be approved contingent on submission if the Commission feel it's appropriate. 13 Planning Commission Meeting Ap��i122, 2003 Comrnissioner M. McManus asked how it is determined that the restoration would provide for a fuil canopy. Mr. Grittman said it is hoped that there would be more information on what was there previously and the applicant indicated he wauld try to attempt to inventory the stumps of the trees that were cut, and from that information, the restoration efforts must approximate that cutting to the extent it was a full canapy. Commissioner B. McManus asked if the trees to be replaced must the the same diameter size that was there previously, or would seedlings be acceptable. Mr. Grittman said the DNR's minimum standard would be that the vegetation replanted is similar in species and growth habit, but does not believe the requirements say it must be replaced to the full size. It could be the city's discretion to deternune how large the plantings should be. Mr. Paul Haggerly, 645 Sibley Memorial Highway, is the applicant. Mr. Haggerty said when he purchased the property two years ago, he had no idea that it was restricted area or critical area. Mr. Haggeriy said there should be a way this information is disclosed to potential buyers. Mr. Haggerty said when he applied for the permit for the frant porch, he received a response that whenever buildings have been built on one side of the street between two intersectians, no building sha11 be erected so to extenci so as ta project beyond the line drawn between the forward most points of the other two buildings. Mr. Haggerty sa.id he daesn't believe he needs a variance far the front porch becatzse it doesn't qualify here. Mr. Haggerly said in the requirements, it talks about traific visibility and he believes this is the reason for this requirement. Mr. Haggerty said he believes the hardship is that the praperty is unique, being an old fannhouse. Mr. Haggerty said he intends on rebuilding the hill as required. Mr. Burt Anderson, 643 Sibley Mernorial Highway, lives directly next door to Mr. Haggerty. Mr. Anderson thi� is a big siri�ation in that Mr. Haggerty knew the law and the restrictions when he purchased. Mr. Anderson � made several cornments as follows: • Clear cutting is forbidden in the critical area, and Mr. Haggerly cut 17 trees down on the Anderson property. Mr. Anderson shared photographs of the properly before Mr. Haggerty purchased it, and the photographs show a 100% canopy. Mr. Anderson said Mr. Haggerty clear cutted to gain a view fram his home, thus increasing the value of his property. • The porch needs a variance because the frant of the house is non-confarnung already with respect to the fronts of the other hauses. The clear intent is so one house does not jut out in front of the others, and the Haggerty home already does. Mr. Anderson asked the Commission to deny the setback variance for the front porch. • The area where Mr. Haggerty took down 17 trees on the Anderson properiy is directly opposite of the retaining wall. • Mr. Anderson asked the Commission to not rewarci this kind of behavior as the area will never be restored as it was, and to disapprove the application in its entirety. Commissioner L,orberbaum asked Mr. Grittman if the restoration plan includes Mr. Anderson's property. Mr. Grittman said it would be for the applicant's properly, but according to the DNR, everything that was taken down should be restored. Dorothy Hustis, 649 Sibley Memorial Highway, said she has lived at that address for 40 years, and have been. very good friends with the Setzers (who were the original owners of the properiy). Mrs. Hustis said tl�at Mrs. l4 Planning Commission Meeting Apri122, 2003 Setzer has been shocked on various occasions by Mr. Anderson, and that is ane of the reasons she left the community. Mrs. Hustis told the Commission not to believe everything they hear. Mr.Haggerty shared two letters from his neighbors that live by Mr. Anderson and they have no objection to the front porch, feeling it will be an asset to the neighborhood. These letters have been submitted to Mr. Hollister for the file. Mr. Haggerty said there was no full canopy, there was some clearing that was noticed by the DNR official, who stated that things were cut about 20 years ago, and that Mr. Anderson showed Mr. Haggerty and the DNR official the clearing rnade by Mr. Anderson. Mr. Haggerty said there has been no dumping, and he has put 1 Q yards af clean loam behind the garage to prevent any further erosion. Mr.Haggerty said he did not know he needed to contact the city regarding this. Mr. Haggerty said he took na trees from Mr. Anderson's property. Mr. Haggeriy submitted a letter from the DNR stating that from an erosion control standpoint, there was no c�ncern with Mr. Haggerty's action unless there is a cancentrated flaw fram the top of the slope. Mr. Slzllivan, 641 Sibley Memorial Highway, lives next door to Mr. Anderson and said that Mrs. Setzer told hirn she moved because she was elderly and could not walk anymore. COMMISSIONER B. MCMANUS MOVED, SECONDED BY COMMISSIONER DOLAN, TO CLOSE THE PiTI;LIC HEARING. 7 AYES 0 1VAYS MnTION CARRIED Chair Lorberbaum closed the public hearing. COMMISSIONER M. MCMfANIUS MOVED, SECONDED BY COMMISSIONER MILLER, TO RECOMMEND DENIAI, O� THE VARIANCE FOR THE FRONT PORCH, BASEI) ON NO FINDING OF HARDSHIP. 7 AYES 0 NAYS MOTION CARRIED COMMISSIONER M. MCMANUS MOVED, SECONDED 8Y COMMISSIONER B. MCMAN US, TO TAELE TFIE REQUEST FOR A CRITICAL AREA PERMIT UNTIL A RESTORATION PLAN IS PRESENTED TO THE COMMISSION, AND TO �XTEND THE TIME LIMIT AN ADDITIONAL SIXTY DAYS. Further Discussion Chair Lorberbaum said there is a time limit of 60 days, therefore cannot indefinitely table this case. Commissioner B. McManus suggesteci placing a friendly amendment saying until it has been shown some physical accomplishrnent of the restoration. if Planning C.omnzission MeeCing Apri122, 2003 Cammissioner Betlej said the work cannot be completed until the plan is approved. Chair Lorberbaum said a decision must be made within 120 if the timeline is not extended. The case can be tanilaterally extended far another 6Q days. Commissioner Betlej asked if there is proper information presented to judge whether the plan is suhmitted correctly. Cha.ir Lorberbatun said staff could be directed, upon tabling, to bring back on the agenda within the 120 days. If restaration has nat happened by that time, the Commission can recommenci denial based on the non occurrence of any restoration. Commissioner B. McManus said it could be denied and instruct the applicant to come back after it has been shown the work has been done to fix the damages Commissioner polan asked if they can make that decision. Commissioner M. McManus said her motion applied only to the plan as it has been submitted. 6 AYES 1 NAXS (Commissioner B.1VIcManus) M4TION CARRTF,D Commissi�ner B. McManus said he voted no because he wauld prefer to see the action undertaken rather than just the plan. Mr. Hollister said the recommendatian of deniai of the variance will be on the City Council agenda the first Tuesday in May; the Critical Area discussion has been tabled. PLAN1vING CASE #03-16 Craig Wagenknecht 1062 Wagon Wheel Trail VARIANCE AND SUBDIVISION FOR THE CREATION OF TWO ADDITIONAL LOTS Mr. Grittman introduced the case for a variance and subdivision to create a three buildahle lots accessing Wagon Wheel Trail. The proposed subdivision, known as "Sunrise Path", requires a variance to allow a frontage of less than the required 1 QO feet for the creation of a flag lot. Mr. Craig Wagenknecht answered questions from the Commission, and upon request, provided an alternative plan showing four lots with the frontage on Interstate 35E, and having a private road access Wagon Wheel Trail. It was the consensus of the Commission that the four lot plan would be a better alternative. Chair Lorberbauin opened the public hearing. There being no one present wishing to speak, a motion will be asked to close the public hearing. 16 Planning Commissi�n Meeting April 22, 2003 r'OMMISSIONER BETLEJ MOVF,D, SECONDED BY COMMISSIONER DOL,AN, TO CLOSE THE 1'UBLIC HEARING. 7 AYES 0 NAYS MnTION CARRIED Chair Lorberbaum closed the public hearing. COMMISSIONER BETLEJ MOVED, SECONDED BY COMMISSIONER DOLAN, TO RECOMIVIEND DENIAI, nF THE VARIAlvCE AND SUI3DIVISION AS PRESENTED AS THERE IS NO IIARIDSHIP IDENTIFIED. 7 AYES 0 NAYS MOTION CARRTED PLANNING CASE #03-17 Tim Mussell 1755 Legington Avenue VAIZIANCE AND CRI'I'ICAL Al2EA PE,ItMI'T F012 �IOMF, AI)DITION 1r. Grittman introduced the application for a variance and Critical Area permit for an addition to an existing single family home. The building addition would include adding anto the kitchen, extending the garage to three stalls, adding a frant porch and bedroom space to the front of the home, and adding an indoor recreatian room. The variance is far the kitchen and garage expansions which woizld be built within the 40-ft. setback. Mr.Crrittman said a variance is not necessary as there is room to expand to the front of the house within city standards. Chair Lorberbaum said a Critical Area pezmit may be granted to allaw building onto the front of the home, and this would be separated from the construction in the back. Mr. Grittman said that is correct. Mr. Tim Mussell, applic.ant, 1755 Lexington Avenue South, said he lives at this address with his wife and two young children. Mr. Mussell thanked Mr. Hollister, Chair Lorberbaum, and Mr. Grittman for their assistance in this process. Mr. Mussell said there is currently a cement patio with a 2-ft. roof overhang in the location where he wishes to extend the kitchen. Mr. Mussell said that because the patio is cizrrently in disrepair and needs to be replaced, he would like to extenci the kiichen into this area as he would have to undertake some construction anyway. Mr. Mussell reviewed the site plan and showecl how the addition would line up with the existing home. Mr. Mussell said at this time, the kitchen is so small it cannot holci a set of table and chairs to sit four people. Mr. Mussell asked if he would he still have to go thr�ugh the variance process if the garage and recreati�n room was inoved back away from the bluff. Mr. Grittman said it would have to be at least 40-ft. away froin the bluff ' � not require a variance. flll Planning Commission Meeting April22, Z003 Commissioner B. McManus said if the Critical Area permit is appraved, Mr. Mussell would have lots of room to m�ve his plan around to rnake it f t. Mr. Mussell said he has a c�ncern with the electrical power pole in the front yard, as well as the NSP utility, and is hesitant to move the addition further to the front of the home. Commissi�ner Miller said the entire back of the home seems to be non-conforming, and does the city wish to approve an increase to the nan-confarmity? Mr. Mussell said his wife purchased the home in 1986 and over the years have seen a lot of homes in the area that have porches that loak as though they are already over the bluff, using the Lexington Townhomes as an example. Cominissianer Betlej asked for a hardship, to which Mr. Mi�ssell replied that the kitchen in its present form cannat be pnt to a reasonable use to accommodate the family, and extending out to the front of the home would entail moving the irtilities. Commissioner Betlej asked Mr. Mussell if he had considered any ather designs for the garage that would not require a variance. Mr. Mussell said he had and explained that cancept with a rough drawing, and there is no way to enlarge the kitchen in any other way except what he has applied for. Cominissioner polan asked if the non conformance of the kitchen would be increased, as there already was a patio in place. Mr. Grittman sa.id it woulci technically increase the encroachment, however it wauld be nominal. Chair Lorberbaum opened the public hearing. Mr. and Mrs. Corbett, 1132 Sihley Highway, live right at the bottom of the bluff. Mr. Corbett said he lived at this location for 18 years, and his cancern is the mud washing down onta his properiy when it rains, as the soil ` in that area is not very good. Mr. Corbett said this is probably why the Mussell's patio has begun to sink. Mr. Mussell said there was no foi.lndation iander the patia Mr. Corbett said he has no problem with the Mussell's building, bizt he is concerned about the 35-ft. slope and the ground being quite unsta.ble, and suggested that City Staff look closer at this area, and that he would accept any conclusions of the City Engineer. Mr. Mussell showed some photographs to furt�er explain what he has and why he wants to change it. COMMISSIONER BETI,EJ MOVED, SECONDED BY COMMISSIONER HESSE, TO CLOSE THE PUBLIC HEARING. 7 AYES 0 NAYS MOTION CARRIED Chair Lorberbaum closed the public hearing. COMMISSIONER B. MCMA.NUS MOVED, SECONDED BY COMMISSIONER DOLAN, TO DENY THE VARIANCE TO THE CRITICAL AI2EA ORDINANCE WITH THE EXCEPTION OF THE SHORT WALI, THA.T WOULD ESSENTIALLY ENCLOSE AN OPEN VERANDA (ALREADY EXISTING) WHILE TECHNICALLY ENCROACHING INTO THE PROTECTED AREA, ESSENTIALLY AND IN REALITY IS NOT; AND IN ADDITION, THE EXCEPTION OF THE FRONT PART WHICH IS PART OF THE CRITICAL AREA PERMIT REQUIREMENT. ts Planning Cornmission Meeting Apri122, Z003 rurther Discussion Chair Lorberbaum said Mr. Mussell needs a Critical Area Permit for the addition in the front, and Commissioner B. McManus' motion is saying that he is okay with that, as well as where the current patio is for the extension of the kitchen, the denial is for the additional pieces in the back. Commissioner Hesse confirmed that Mr. Mussell is willing to make alternative changes to the plan. Commissianer Hesse asked why Mr. Mussell should leave with a denial and have him come back again with the modifications if he is willing to accept an approval with those modifications. Commissioner Betlej said the Critical Area permit has been granted and Mr. Mussell does n�t need a variance if he stays back 40-ft. from the bluff line. Chair L,orberbaurn said the Cornmission may table this issue because more information is desired about drainage. Commissioner M. McManus said she wauld not need to add this to the resolution, but would like ta see the appiicant provide this information when the case comes in front of the City Council. 7 AYES 0 NAYS MOTION CARRIED PLANNING CASE #03-18 Don Feige 1930 Coventry Court CONDITIONAI.. LJSE PERMIT FOR DETACHEID GARAGE Mr. Grittman intraduced the request for a conditional use permit to replace an existing detached garage. Commissioner Dalan said this seems to be the only detached garage in the area. Mr. Grittman said there are a couple of others within a block and would not be the only one. Mr. Don Feige, 1930 Coventry Coi�rt, said there would be no tree removal. Commissioner Eietlej said it was a nice looking garage. Chair Lorberbauxn opened the public hearing. There being na one present wishing to speak, a motion will be asked to close the public hearing. COMMISSIONER BETLEJ MOVED, SECONDED �3Y COMMISSIONER DOLAN, TO CLOSE TII� PUBLIC HEARING. 7 AYES 0 NAYS MOTION CARRIED Chair Lorberbaum closed the public hearing. �] Planning Commission Meeting April 22, 200.3 COMMISSIONER BETLEJ MOVED, SECONDED BY COMNIISSIONER M. MCMANUS, TO RECOMMEND APPROVAL OF THE CONDITIONAL USE PERMIT AS PRESENTED. 7 AYES 0 NAYS MOTION CARRIED PLANNING CASE #03-19 Pat Conroy 952 Stratford Road CONDITIONAL USE PERMI'I' FOR A SHED Mr. Gritiman introduced the rec�uest for a conditianal use permit for an accessory bizilding that is in excess of the 144 sq. ft. as required maximum by the ordinance. The accessory building in tlus case is an existing shed that is 155 sc�. ft., and the location of the shed zneets the city's setback requirements. Mr. Crrittman said the lot is slightly larger than a typical single family lot, and therefore the shed daes not seem to crowd the back yard area. Mr. Grittman said the shed is a natural cedar stained color and Staff recommends painting the shed to match the color of the house. Mr. Pat Conroy, applicant, currently resides at 6445 Thornberry Ctu-ve, Excelsior, MN. Mr. Conroy said he recently sold the property at 952 Stratford R.oad about a month ago. Mr. Conroy was still finishing the shed and found aut he miscalculated on the dirnensions of the code. As part of the purchase agreement, the new owner placed $3,OQQ into escrow to finish the sheci, however should the request for the CUP be denied, Mr. Canroy ` mizst remove the stnzcture and salvage what he can. Mx. Conray shared a picture of the shed. Mr. Canroy said the current owner ask that the shed remain in its current condition and nat be painted. Mr. Conroy said he complied with a11 the regulatians and requirements in obtaining necessary permits before constnzction, however it was found during the building inspection that the shed exceeded the m�imiim. Commissioner Miller asked if the current awner wants the shed. Mr. Conroy said he does. Commissioner Betlej asked what the shed was constructed of. Mr. Conroy said the shed is canstructed of cedar shakes and cedar siding. Commissioner Betlej said it would be best to paint it to protect the material from the weather. Mr. Conroy said he was planning on staining it. Chair L,orberbaum said she goes by the shed and talked to the current owner, who told her he did not want the shed. Chair L,orberbatun saici the shed stands out and she does not like it there. Chair Lorberbaum said there seems to be a lack of a strang foundation, as there is evidence of a.tumal activity under the shed. Mr. Conroy said he was surprised that the owner did not have a strong feeling to keep the shed, anci that the current awner is staring equipment in the shed. Commissioner polan said he thinks the shed looks nice and doesn't seem to have the neeci to be painted to match the house. 20 Planning Commission Meeting April 22, 2003 �'ommissianer M. McManus said she likes the shed, and believes it would be best to keep it in its natural state and have it stained to seal it, and doesn't t:hil7k the burrowing under the sheci is an issue. Chair Lorberbaum opened the public hearing. There being no one present wishing to speak, a motion will be asked to close the pizblic hearing. COMMISSIONER B. MCMANUS MOVED, SECONDED BY COMMISSIONER DOLAN, TO CLOSE THE PUBLIC HEA.RING. 7 AYES 0 NAYS MOTION CARRIED Chair Lorberbaum closed the public hearing. COMMISSIONER B. MCM[A.NUS MOVED, SECONDED BY COMIVLISSIONER DOLAN, TO RECOMMEND APPROVAL OF THE CONDITInNAL USE PERMIT AS PRESENTED, WITH NO REQUIREMENT TO CHANGE THE COLOR. Further Discussion Commissianer B. McManus said the shed looks nice and matches the fence, which was previously approved. A�S NAYS (Chair I,orberbaum) MC?TION CARRIED PLANNING CASE #03-20 Julie Plante / American Tower Corporation for AT&T Wireless Services 1897 Delaware Avenue CONDITIONAL USE PEItMIT �OR A CEY..L,iT�..AR TOW�,R Mr. Grittman intr�duced the request for a conditionai use permit to allow placement of cellular telephone antennas izpon Sibley High School. It was noted that a number of other similar rec�uests for antennas on that structure have been approved, so long as they are camouflaged. Commissioner M. McManus asked if all the requirements for the execution of a lease agreement with the school district have been completed. Mr. Grittman will have to show proof that this is in place. Ms. Julie Plante, representative for American Tower Corporation for AT&T Wireless Services, 1897 Delaware Avenue, approached the podium to answer any questions. Ms. Plante said AT&T Wireless and the school district have put together a lease agreement which she will provide documents where requested. Conunissioner M. McManus asked what the length of time for the lease. Ms. Plante said tlie lease is on a 5-year `�nn basis with renewal options that can carry up to 20 to 25 years. �� Plmzning Commission Meeting Apri122, 2003 Chair L,orberbaum opened the public hearing. There being no one preserit wishing to speak, a motion will be asked to clase the public hearing. COMMISSIONER BETLEJ MOVED, SECONDED BY COMMISSIONER DOLAN, TO CLOSE THE PUBLIC HEARING. 7 AYES Q NAYS t � [��I M [�7►Ci/_�.�:� i� l. Chair Lorberbaum closed the public hearing. COMNiISSInNER M. MCMA1�iUS MOVED, SECONDED BY CHAIR LORBERBAUM, TO RECOMMEND APPROVAL OF THE CONDITIONAL USE PERMIT AS PRF.SEN'I'ED SUBJECT TO THE CONDITION THAT IT IS IN COMPLIANCE WITH REQUIREMENTS OF THE ZONING ORDINANCE AND EXECUTION OF THE LEASE AGREEMENT, .AND IN ADDITION, THE EQUIPMENT MUST BE PAINTED TO MATCH THE COLOR OF THE BUILDING. 7 AYES 0 NAYS MOTION CARRI�D PI,AI�NTNG CASE #03-21 ]C.yman Properties, LLC NW Intersection Dodd / Bachelor CONCEPT PLAN FOR PUD FOR RESIDENTIAL SUBDIVISION, PAR 3 GOLF COURSE Mr. Grittrnan reviewed a reqizest far a cancept review for a proposed residential subdivisian on the Mendota Heights Par 3 Golf Course. The applicant is looking at a sizbdivision as well as an amendment to the city's comprehensive plan that ciarrently designates the site for a golf course as a land use (current zone R-1). Mr. Grittman said when the city adopted its comprehensive plan amendment update a few years ago, this was one of the sites that was given some specific consideration that the city chose to designate the site for a golf course as a land use categary uncier planning requirements of the State. Particularly for the metro area, the comprehensive plan designation takes precedence over the zoning in the case where there is a conflict. In this case, there is no conflict seen as the golf course designation and the R.-1 zoning are consistent from the standpoint that a top rated galf course would need an R-1 zoning to do that. Mr. Grittman said the applicant wouid need to obtain approval of the comprehensive plan amendment to change the land use designation to low density residential to accommodate the plat. The subdivision ordinance requires that the city's review of subdivisions be consistent with both zoning and general planning requirements of the city which include the comprehensive plan, and the plan amendment needs to go forward as part of any plat review that may be considered. �� Planning Comnzission Meeting Apri122, 200.3 'VIr. Grittman reviewed the site plan which shaws 30 lats, of which 27 front on a newly pr�posed street that will ae part of the plan. Mr. Grittman said if the land use is changed, and the plat moves forward, Staff recommends that the intersection points for the streets be modified. Commissioner B. McManus asked why would Batchelor Avenue not be sufficient to have conventional access to the high lands to the west. Commissioner polan referred to the comprehensive plan designation theory that this property was zoned golf coi�rse because that was the only designation there was, and the thought being in some point in the future this woizld be developed. Cha.ir Lorberbaum said the city liked the idea at that time and felt a galf c�urse was an asset. Chair Lorberbaum saici she wauld like ta have two opinions af each commission member during the discussion of the cancept plan; 1) woizlci you (the Commissioner) like to see this stay, according to the comprehensive plan, as a golf course, and 2) if it does change to residential, what do you think of the current plan? Chair Lorberbaum said because this is currently addressed as a golf course in the comprehensive plan, it wouid be the Commission's choice to either recommend a change anci go to the Met Cotancil should the city approve the change, and the Met Council could say aye ar nay to that. Commissioner M. McManus asked Mr. Grittman for his thoughts on the narrow street right of way as prapased. Mr. Grittman said the city has had experiences with narrower street right of ways and that tends to be an issue more for the engineer than the planner, and the planner's view is ta use a PUD to aiter some of the standards, �oking for a tangible benefits and the justification to alter the standards. Coriunissioner Dalan asked it the city would be gaining anything. Mr. Grittman saici it appeared that the plat makes good use of the developable land and preserves the wetland. Commissioner B. McManus asked if a hoak and ladder truck couid turn axotand in the �uns. Mr. Grittman said a detailed review has not yet been done, and the developer would have to meet the minimum requirements for the cul-de-sacs. Mr. Jim Johnston, Vice President of Lyman Properties, LLC said the properiy is under a purchase agreement from the Mendota Golf owners, who no longer wish to operate a par 3 golf caurse on this site. Mr. Johnsan revieweci the site plan, which is said to be reflective of the surrounding neighbarhoods and meet the standards of R-1, and answered questions of the Cornmission. Mr. Johnston said the price of the homes would be in the $60Q,OQQ to $700,000 range, and the potential buyer would have a choice of several chosen builders. Commissioner Comments / Concerns: • Commissioner B. McManus asked what the size of the lots and the costs of the homes would be? Cornmissioner B. McManus said he sees no play area for chilc�ren in the proposal. � Commissioner Betlej asked the length of the cul-de-sac. Mr. Johnson said it was 500 to 600 ft. 23 Planni�zg Cornmission Meeting Apri122, 200.3 • Commissioner Betlej asked if some of the lats cauld be shifted araund, or to eliminate ane, as one of the lot�" seemed to be a tight fit. � Commissioner Betlej asked that the landscaping plan be more clearly defined. • Chair Lorberbaum said she felt the lots could be bigger by eliminating some lots, as well af widening the roads for safety. • Chair Lorberbaum would like to see the extension of trail rather than one left just sitting out there and have less intersection facing a house. Chair Lorberbaum said she prefers the alternate plan. • Commissioner polan sa.id he thiriks there is a lot of growth on the west side af the properly and the alternate would result in the removal of a lot of shrubs and trees. • Commissioner polan expressed his concern regarding drainage issues as the property seems to slope from east to west. • Commissioner Hesse expressed his concem regarding the wetland delineation and any proposed fill. Chair Lorberbaum �pened the public hearing. There being no ane present wishing to speak, a motion will be asked to close the public hearing. Robert Erlich, 1656 Greg Court, said he a.lways liked the open space the golf course offered. Mr. Erlich said the city should look into the sizes of the surrounding lots. Mr. Erlich suggested having part of the land become park space, perhaps for the kids. George Madis, 758 Batchelor Avenue, said the golf cotarse has well out-lived it's golf days for years and is in favor of the development, but would like to see larger lots to keep with the character of the neighborhood. Larry Eisenstad, 704 Batchelor Avenue, said he was concerned about the traffic densiiy on Batchelor as it is a very sma11 street. COMMISSIONF,R BETLEJ MOVED, SECONDED BY COMMISSIONER DOLAN, TO CLOSE THE PUBLIC HEARING. 7 AYES 0 NAYS MOTION CARRIED Chair L,orberbaum closed the public hearing. Commissioners' Closin� Comments: Commissioner B. McManus: • Applicant has done a pretty good job for a relatively small area 24 Planning C�mmission Meeting April22, 2003 � Agrees that it feels crowded, but at least there are renditions to be considered • Would rather see less crowding and mare space for the homes • Would prefer it to be open space Commissioner Miller: • Would prefer it to stay as is • Wouid hold out on changing the comprehensive plan • Current design wauld be fine with the suggested changes made Commissioner Betlej: • Reasonable to sell with the rising real estate taxes as land is most likely being valued as single family residential land Spoke with several residents who expressed that in reality, the land would be developed some day and if it is, the preference is for single family homes Would lilce larger lot sizes Rather see it go through regular R-1 zoning instead of a PUD Chair L,orberbaum: Thinks the layout is too dense If residential, wauld like to see less lots and wider � Would like to see the cul-de-sac near Trail moveci down more so there is one less intersection Wauld not like to see the comprehensive plan changed Comtnissioner polan: • It would be nice if it were a golf cot�rse forever, but ec�nomics dictate otherwise and unless the city wants to buy it, it's hard to deny the �wner the right to seli and develop s Agrees that it too dense • No too much against a PUD, it would not change anything that much • Thinks the developer is on the right track Commissioner Hesse: • Does not have any specific objections • A change to the comprehensive plan is something that should not be taken lightly, and should take the same course of action on this case and not be so quick to recommend or lean towards that change in the comprehensive plan • Feels there is a good mix of open space and homes in the city, and if more open space is taken, that moves the ciiy closer to the bigger city and would prefer t� keep the feel of a suburb � Although the golf course has improved over the past years, there is a fear that it may go downl�ill again • Would like to keep as open space and/or golf coizrse Commissioner M. McManus If not a golf course, or residential, tizen what other options? Open space is riice to have, perliaps the Parks Commission would be interested in this property 2S Planning Commission Meeting April22, 2003 • Thinks the design is too tight in terms of the lot sizes and wants to see something mare open PLANNING CASE #03-22 Jeff Sawyer / Moen Leur Development Highway 494 and 35E CONCEPT PLAN FOR PUD FOR OFFICE CONDOMINII.TMS Mr. Grittrnan introdi�ced the case for a town o�ce concept plan which will occupy a site that is zoned Office (B 1-A). Because of the size of the property, it has been suggested to rezone to LBPUD, which is consistent with a limited business district and the land use plan. Some concerns are in regards to the parking supply, which is lower than what the zoning ordinance rec�uires. Other concerns relate to the view of the site from Mendota Heights Road, ancl the architecture of the buildings lean more toward a residential feel. Mr. Jeff Sawyer ofFered drawings of the buildings for the Cornmission's review, and explained how the offices would be laid out. These office spaces will be owned, not leased. Commissioner M. McManus said she likes the design (fits in with the Town Center village concept) and would like to see the units hzrned toward Mendota Heights Raad with the brick base one-story look. Commissioner Hesse said this concept sounds interesting, looks attractive, and would like ta see brick being used. Commissioner polan said it looks nice on paper, but would need to drive by the area. Chair Larberbaum said she liked the look, and would like to see more landscaping. Comrnissianer Betlej said needs mare parking, materials need to be consistent, and to make sure there is adequate lighting. Good job on the signage. Commissioner Miller said to stay away from having too much of a residential feeling. Commissioner B. McManus said there is a lot of traffic and is concerned about the noise levels, and the developer should take special caution with the insulation of the bizildings. Buildings look very nice. 1%�;i:�I/l�i�ll%/�.I Planning Case #03�07 Condition Use Permit for Childrens County Day Care School - approved as recornmended o Planning Case #03-10 Critical Area Pennit for House Construction — Peter Wilton - approved as recommendeci � Plantiing Case #03-11 Variance Request for Existing Shed — Stephen Barry — disapproved as recommended ?F Planning Commissio�z Meeting April 22, 2003 � Planning Case #03-12 Conditional Use Permit for Gymnastics in Industrial Zoning — approved as recommended o Plazuuiig Case #03-14 PUD Concept Review for Mendota Plaza Expansion — revieweci by City Council COIVTMISSIONER M. MCMANUS, SECOIVDED BY COMMISSIONER MILLER, TO ADJOi1RN TI-�E MEETING AT 1:15 PM ON WEDNESDAY, APRIL 23, 2003. R.espectfully submitted, Becki Shaffer, Recording Secretary ?�