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2000-08-22 Planning Comm MinutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PLANNING COMMISSION MINUTES AUGUST 22, 2000 The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, August 22, 2000, in the City Hall Council Chambers, 1101 Victoria Curve. The meeting was called to order at 7:30 p.m. The following Commissioners were present: Chair Duggan, and Commissioners Betlej, Friel (arrived at 7:33), Koll; Lorberbaum, McManus, and Vitelli. Also present were City Engineer Marc Mogan, Planner Cindy Sherman (substituting for Planner Steve Grittman), Administrative Assistant Patrick Hollister and Heidi Guenther, Recording Secretary. APPROVAL OF MINUTES Commissioner Betlej moved to approve the minutes of July 25, 2000 meeting, revised on page 1, paragraph 1 under Approval of the minutes, last line to add "..." at the end of the sentence. Chairperson Lorberbaum seconded the motion. AYES: 5 NAYS: 0 ABSTAIN: 1 (Koll) CASE NO. #00 -32: CARMEN TUMINELLY REPLAT AND VARIANCE FROM LOT WIDTH REQUIREMENTS 915 CARMEN LANE Chair Duggan explained this was a public hearing for the purpose of discussion on a replat and variance at 915 Carmen Lane for Carmen Tuminelly. Administrative Assistant Hollister reviewed the history of this case with the Commission. He noted there were three letters attached to the packet from neighboring properties in support of this project. Administrative Assistant Hollister indicated that the Carmen Court plat originally consisted of four lots. Administrative Assistant Hollister reported the developer then tried to subdivide the plat into eight lots in 1996 which did not meet Council favor. 1 8/22/00 Administrative Assistant Hollister noted after review, a five-lot replat subdivision was approved in preliminary plat form. He stated the final plat was approved in August of 1996. He noted the developer was now looking to add an additional lot. Planner Sherman reviewed the Planning Case with the Commission and noted the applicant was requesting a second replat and lot width variance to subdivide Lot 2, Block 1 of Can-nen Court into two parcels. She noted the applicant would need the variance to meet the 100-foot lot width due to the fact it does not meet these criteria until 125 feet from the right of way line of Carmen Court. She noted the subdivision would create a narrow entrance way into both lots and one home would be behind the other. Planner Sherman indicated the hardship criteria with this case were not met and therefore Staff did not recommend approval. She stated based on findings that the proposed new lots are out of character with the City's typical development standards. Chair Duggan asked if the replat or subdivision had a proposed tree survey and asked if a survey were required. Administrative Assistant Hollister stated Mr. Tuminelly could address the tree inventory and that tree surveys were mainly required of larger subdivisions. Commissioner Friel asked where the extra 6,000 square feet of land was obtained. Planner Sherman noted it was the northern corner of the site being proposed for subdivision as it was acquired from a landlocked section of a vacated right of way from the State. Chair Duggan asked for questions and comments from the audience. Carmen Tuminelly, applicant, noted he is seeking to divide this lot from one to two parcels. He noted he met with staff and was told the lot needed to be 100 feet wide at the building line, which he has met. Mr. Tuminelly indicated he was unaware of the 100-foot width of the lot at the street as he felt the 100 feet was adequate at the building site and beyond. Mr. Tuminelly noted the Carmen Court development has been a satisfying development for him to complete. He indicated two homeowners within the development currently share a driveway, which is what he is proposing for the lot split before the Commission at this time. Mr. Tuminelly stated that with the additional square footage of land obtained from the State, the lot split from the original subdivision would meet the City mandated square footage requirements. Chair Duggan asked if there was any interest in the two lots at this time. Mr. Tuminelly noted he has had interest in the land subdivided and not as a single lot. Commissioner Koll noted she was concerned with the long driveway for safety and asked for the proposed length. Mr. Tuminelly stated the driveway would be approximately 190 feet. 2 8/22/00 Coininissioner Koll indicated that half of the lot is less than 50 feet wide and noted this does not fit the typical development scheme within the City. Mr. Tuminelly stated he has completed developments in the past where not all lots were 100 feet wide. Chair Duggan indicated the City has since set a standard within the current Ordinance that all new lots are to be 100 feet in width. Commissioner Koll noted she felt a number of trees would be removed through the subdivision and asked how noise would affect the proposed homes. Mr. Tuminelly stated he does not feel the removal of trees would increase noise pollution for the homeowners unless they were out of doors. He indicated he felt only one major tree would need to be removed for the development of these two lots. Commissioner Friel stated he felt this was a lot split and not a subdivision. He indicated this lot was frowned upon in 1996 and the additional 6,000 square feet of land does not change the favor of staff or the Commission. He explained the lack of 100 -foot width of the lot was dealt with at this time and felt there was no hardship for this property and noted he was not in favor of the proposal. Chair Duggan noted the Planning Commission in 1996 was not in favor of the subdivision with six lots, as it cannot be serviced correctly by driveways. Commissioner Friel agreed noting the density was a concern in 1996 and will be at this time as well. Commissioner Betlej asked for the hardship with this lot. Mr. Tuminelly noted he has no hardship,with this lot except that he cannot sell the lot as it stands today for it is too large. Chair Duggan asked if a "for sale" sign was posted on the lot. Mr. Tuminelly noted a sign was not posted on the lot as he has chosen to use other marketing tactics for this lot. Commissioner Lorberbaum read through the hardship clause within the Ordinance and explained these were the requirements the Planning Commission must follow. She stated economic consequences could not be taken into consideration for approval of this item. Commissioner Lorberbaum indicated that because this proposal had no hardship she would not be in favor of this item. Commissioner Vitelli asked for the assessed value of the lot. Mr. Tuminelly indicated he was not certain of the value off hand. Commissioner.McManus asked for clarification of the buildable portion of the lot as being typical and then later being uncommon within the planning report. Planner Sherman stated the buildable portion of the lot is referring to the building pad and its size while the uncommon term refers to the characteristics within the community, as both lots being created would be extremely narrow flag lots. 3 8/22/00 John Traxler, 911 Carmen Lane, commented he purchased his home knowing there would be redevelopment to the west. He stated he felt the noise would not be increased with the development of this lot, as he is not bothered by it at this time. Mr. Traxler noted he and his wife are in favor of the subdivision, as the development would favor the City. He encouraged the City to find a way to get this development completed. Richard Girard, 897 Highway 110, noted he has been involved with this project for many years and commented that Mr. Tuminelly has built quality homes within this development. Mr. Girard questioned when the subdivision would meet the original conditions within the development agreement such as a beim for noise. Administrative Assistant Hollister noted he did not believe the berm was a final condition within the development agreement but it was only discussed among the Planning Commission. Mr. Tuminelly stated he was not able to place a large berm within the development as a water main is under the subdivision right of way. There being no further questions or comments, Commissioner Betlej moved that the hearing be closed. Chair Vitelli seconded the motion. AYES: 7 NAYS: 0 Commissioner Vitelli moved to deny the replat and variance at 915 Carmen Lane for Carmen Tuminelly as the Commission found no hardship within this application. Commissioner Koll seconded the motion. AYES: 7 NAYS: 0 Mr. Tuminelly asked the reasons for denial of his request. Chair Duggan noted his request does not meet the requirements for a variance, as there was no hardship. He indicated the driveway narrowness and lack of 100 -foot lot width was also a concern for the Planning Commission. Commissioner Friel added that the 17,000 square foot lot would not be consistent with the neighboring lots. CASE NO. #00 -33: MIKE CASHILL CONDITIONAL USE PERMIT 1695 DODD ROAD Chair Duggan explained this was a public hearing for the purpose of discussion on a conditional use permit at 1695 Dodd Road for Mike Cashill. 4 8/22/00 Planner Sherman reviewed the Planning Case with the Commission and noted the applicant was requesting a conditional use permit to allow the demolition and reconstruction of an accessory building on the property. She explained the property is zoned R -1, One Family Residential District and guilded for golf course use. She explained the conditional use permit was needed in this case because the proposed building exceeds the size limitation standards set within Section 4.5(3) as it is over 1,000 square feet. Planner Sherman indicated the new building would serve as their new golf course maintenance facility. She noted the proposed building would be approximately 2,600 square feet in size and the applicant proposed to landscape the proposed building so that it flows into the natural topography of the golf course although a landscape plan has not been submitted. Planner Shenuan indicated staff recommends approval of the conditional use permit for the property to allow the construction of an accessory building which exceeds the size standard set forth within current R -1 zoning districts based on conditions. Commissioner Lorberbaum noted she did receive notification for this item but has moved and indicated she sent the notification to the new homeowner. Commissioner Betlej asked if the waterway in the proximity was man made or not. Administrative Assistant Hollister said it was unknown whether or not the pond was man made. Alan Spalding, a Golf Course Representative, noted the waterway was constructed in the early 1960's and was not certain of its origin. He indicated it is used for drainage within the course. Commissioner Lorberbaum questioned the change of roadway from gravel to bituminous and asked if more than three cars were parked on this roadway at one time. Mr. Spalding noted only one to two cars would be parked within the access road at one time. Commissioner Lorberbaum noted she felt the neighbors in the area would not like to see additional black top in the area and asked for comments from Mr. Spalding. Mr. Spalding noted he would be willing to decrease the amount of bituminous to keep the area natural as possible for the area residents. Commissioner Lorberbaum inquired as to the length of the roadway and if it would be changing. Mr. Spalding stated the width, length and use would remain the same with the new structure. Commissioner - Lorberbaum asked if the building would be heated during the winter for cross - country skiers. Mr. Spalding noted the skiers were not taken into consideration but the building would be heated. 5 8/22/00 Commissioner Lorberbaum questioned if the current pop machine would be housed or bolted within the new structure. Mr. Spalding noted he would propose housing the pop machine within an enclosure outside the new structure. Commissioner Lorberbaum asked what the outside equipment would be used for with the new structure. Mr. Spalding noted the new structure would house some of the exterior equipment, but explained the gas tank would remain outdoors. Commissioner Lorberbaum questioned if maintenance on the equipment would be completed within the structure or done outside. Mr. Spalding noted the current structure is so small that not all maintenance could be completed indoors. He indicated all repairs would be completed within the new structure as space allows. Commissioner Betlej asked if the commercial dumpster would remain as is at the site. Mr. Spalding stated he would not be interested in placing the dumpster within the structure but indicated he would be in favor of enclosing the dumpster along with the port a potties. Commissioner Betlej inquired if the architectural appeal of the maintenance building could be enhanced to meet the characteristics of the neighborhood. Mr. Spalding noted he would take this into consideration for the south and west portions of the building. Chair Duggan stated a reviewed plan should be proposed to the Council for their consideration with the additional architectural enhancement and dumpster enclosure. Commissioner Koll asked if there would be any exterior lighting. Mr. Spalding noted this is being discussed at this time and indicated they would be seeking soft lighting for security and to deter vandals. Commissioner Friel asked that the lighting be directed downward for the sake of neighbors. Commissioner Friel asked if the proposed building would be air conditioned and heated. Mr. Spalding indicated the facility would be heated but not air - conditioned. He noted this would allow the maintenance crew to repair equipment during the cooler months of the year. George Battis, 758 Bachelor Avenue, a resident south of the golf course, noted dust was a concern from the maintenance crews and delivery trucks that service the building. He indicated he was in favor of the downward facing lighting. Mr. Battis stated he would support an enhanced architectural appeal of the structure to blend in with the surrounding neighborhood. He explained he would like to see the beginning of the roadway paved to reduce the amount of dust blown through the neighboring properties. Chair Duggan asked for questions and comments from the audience. 6 8/22/00 There being no further questions or comments, Commissioner Betlej moved that the hearing be closed. Commissioner Vitelli seconded the motion. AYES: 7 NAYS: 0 Chair Duggan asked for recommendations from the Commission members. Administrative Assistant Hollister stated the applicant may need a wetlands permit and the Commission may want to make note of that within the motion. Commissioner Lorberbaum moved to approve the application for a conditional use penult for Mike Cashill at 1695 Dodd Road for the demolition and reconstruction of an accessory building which exceeds the size standards set forth in Section 4.5(3) with conditions stated by Staff as well as any wetlands permit needed from the current waterline, and a revised plan be brought to Council addressing dumpster, pop machine and port a potty enclosures, architectural enhancements to the building, a landscaping plan and a bituminous plan. Commissioner Friel seconded the motion. AYES: 7 NAYS: 0 CASE NO. #00 -34: JEFFREY AND LYNN KUBAT VARIANCE AND FRONT YARD SETBACK FOR A GARAGE ADDITION 2341 KRESSIN AVENUE Chair Duggan explained this was a public hearing for the purpose of discussion on a variance and front yard setback for a garage addition at 2341 Kressin Avenue. Planner Sherman reviewed the Planning Case with the Commission and noted the applicant requested a variance for this property at its June 27, 2000 meeting. She noted the Commission recommended approval to City Council where the variance was denied. The Council waived the six -month waiting period for reapplication allowing them to return to the August Planning Commission meeting with a new variance application for a modified garage addition. Planner Sherman noted the revised request alters the original application by proposing a smaller staggered garage addition, still into the front yard setback. She indicated the applicant's new proposal encroaches two feet less into the front yard than the original, and covers 120 square feet less than the first plan. Planner Sherman noted there is reasonable use of the lot and therefore does not recommend approval of the request. 7 8/22/00 Chair Duggan indicated the original plan was approved by all neighboring properties, which increased favor among the Planning Commission. Commissioner Friel asked if the requirement for a variance for an addition to a house that would protrude beyond an imaginary line between the front most portions of the houses on either side was common in other cities. Planner Sherman noted this was common in other cities in relation to shoreland regulations. Chair Duggan asked for questions and comments from the audience. Jeffrey Kubat, 2341 Kressin Avenue, noted he appealed the City Council decision with a revised plan where he was denied again and he was told to go back to the Planning Commission. He indicated the addition would increase the value of his home and he was struggling with the reasonable use of his lot as the Ordinance states. Chair Duggan asked if all his neighbors were in approval of the new plan. Mr. Kubat indicated his neighbors were in favor and have signed off on his new proposal. Chair Duggan questioned the reasoning for not moving this addition into the rear yard. Mr. Kubat stated he is unable to move into the rear yard because there is existing living space behind the garage. He indicated he could compromise his current living space for a mudroom but he would like to have a three -car garage. Commissioner Vitelli felt this addition was out of character with the neighboring properties and stated he would was not in favor of the proposal. He added that if the Commission were to approve this item they shoulti be prepared to approve similar applications for all members within the community. Commissioner McManus indicated she voted for the application last time and noted a little non- conformity could be interesting. She added that if the neighborhood does have an issue of non- conformity she suggested he investigate the use of the backyard to minimize the variance needed. Commissioner Lorberbaum indicated she was not in favor of the application as there was no hardship with this proposal, as a mudroom and three -car garage were not hardships. Commissioner Friel stated he did not feel all the homes in this neighborhood had to be in a row. He indicated the setbacks have changed repeatedly over the time he has lived in the community, which greatly affects older neighborhoods. Commissioner Friel reiterated the fact that the neighbors were all in favor of the application as submitted and he felt a-resolution should be passed by Council to allow approval of these items at a staff level when neighbors approve. He stated the Friendly Hills area has an adhoc approval 8 8/22/00 process for front yard setback approvals and the applicant's neighborhood was similar to Friendly Hills. Chair Duggan noted this fact as well but stated the neighbors must be shown the exact plans to know what they are approving. Commissioner Koll noted the revised plan was not as massive and would be an improvement to the neighborhood. She indicated shrubbery would soften the structure as well. Commissioner Koll noted the proposal would increase the value of the home but noted this item could set precedence. There being -no further questions or comments, Commissioner Betlej moved that the hearing be closed. Chair Friel seconded the motion. AYES: 7 NAYS: 0 Commissioner Koll moved to approve the revised variance and front yard setback for a garage addition at 2341 Kressin Avenue for Jeffrey and Lynn Kubat with an addition of two windows on the north side of the prposed addition and remaining garage to increase the residential feel of the addition and a landscaping plan. Commissioner Friel seconded the motion. AYES: 5 NAYS: 2 (Lorberbaum and Vitelli) VERBAL REVIEW Chair Duggan requested a verbal review of the matters, which were submitted to the City Council for their consideration. City Engineer Mogan informed the Commission of Council action taken on planning cases, and updated the Commission on the St. Thomas Academy sign item. Chair Duggan asked that a police officer be on the sub - committee for traffic calming within the City of Mendota Heights. He noted there were several areas within the community that need reviewing along with stop sign requirements. Commissioner Friel indicated several stop signs were erected on Decorah and numerous residents have signed a petition against the signs. He explained the calming of traffic would hopefully reduce the speed of traffic in this area without the use of stop signs. 9 8/22/00 ADJOURNMENT There being no further business, the Planning Commission, Commissioner Lorberbaum moved to adjourn its meeting at 9:46 p.m. Chair Duggan seconded the motion. AYES: 7 NAYS: 0 Respectfully submitted, Heidi Guenther Recording Secretary TimeSaver Off Site Secretarial, Inc. 10 8/22/00