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2000-07-25 Planning Comm MinutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PLANNING COMMISSION MINUTES JULY 25, 2000 The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, July 25, 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, Lorberbaum, McManus, and Vitelli. Excused from the meeting were Commissioners Friel and Koll Also present were Public Works Director Danielson, Planner Stephen Grittman, Administrative Assistant Patrick Hollister and Heidi Guenther, Recording Secretary. APPROVAL OF MINUTES Commissioner Lorberbaum moved to approve the minutes of June 27, 2000 meeting, revised on page 1, paragraph 2 under Case No. 00-#23, the first sentence to read, "required to cut the above ground vegetation...", page 4, adding a paragraph stating, "Lorberbaum asked if the proposed Ordinance with changes would allow for a dump truck to be parked in a residential area. Mr. Grittman noted this was the case.", page 6, paragraph 2 to read "Chair Duggan asked that the item of commercial vehicles be addressed..." and page 7, paragraph 7 to read "Chair Duggan noted the City has been working on an Ordinance to help eliminate the hardship requirement when neighbors of a variance application." Chairperson Betlej seconded the motion. AYES: 5 NAYS: 0 CASE NO. #00-25: ST. THOMAS ACADEMY VARIANCE FOR SCOREBOARD — CONTINUED PUBLIC HEARING 955 LAKE DRIVE Chair Duggan explained this was a continued public hearing for the purpose discussion on a Variance for a scoreboard for St. Thomas Academy at 955 Lake Drive. He noted this item was continued to allow time for staff to gather additional information from neighboring cities on signage in the R-1 zoning district for institutions. Planner Grittman reviewed the Planning Case with the Commission and noted information was gathered from West St. Paul, Apple Valley, Eagan and Inver Grove Heights. He stated none of the listed communities address scoreboards directly through their Ordinance. Planner Grittman 1 7/25/00 indicated the City of Inver Grove Heights allows for one square foot of signage per foot of roadway frontage. He stated none of the cities contacted have a campus style institution within their limits which leaves staff with little guidance in this area. Chair Duggan addressed the Commission on a proposal for permitted signage in the R-1 zoning district for institutions. He reviewed the permitted uses, types, sizes and styles of signs allowed with the Commission and asked for comments. Commissioner McManus stated the scoreboard for St. Thomas Academy was also a memorial sign, which may call for special consideration. She asked if the proposed sign would be lit. Chair Duggan noted it would only be lit for evening sporting events. Commissioner Lorberbaum stated she would like to see the lighting restrictions for this sign match all other residential sign lighting requirements. The Commission concurred. Commissioner Vitelli stated he felt this Ordinance amendment could be a long process for a reasonable request from St. Thomas Academy. Chair Duggan thanked Commissioner Vitelli for his comments and noted the Commission does have to be careful of future signage requests as to not set precedence. Chair Duggan asked for questions and comments from the audience. Rich Allen, St. Thomas Academy representative, reiterated the sign would only be lit during sporting events. He noted the sign would be screened with an additional tree from the east and west for passing traffic. There being no further questions or comments, Commissioner Lorberbaum moved that the hearing be closed. Chair Vitelli seconded the motion. AYES: 5 NAYS: 0 Chair Duggan asked if the Commission could follow through with this item before the Ordinance amendments were made. Planner Grittman noted the issues of lighting and landscaping were the only concerns for the City at this time. Commissioner Lorberbaum asked for the hardship on this item. Commissioner Vitelli stated he feels the hardship is the zoning district the academy is within and the requirements that the site must follow. Chair Duggan noted a scoreboard is a necessity for a junior high or a high school and that this was not an unreasonable request. Commissioner Betlej noted this is a difficult issue because the Ordinance does not specifically address scoreboards. 2 7/25/00 Chair Duggan noted this item would be going before the Council for additional discussion and direction on the sign Ordinance. Commissioner Betlej stated he was in favor of the front footage formula from the City of Inver Grove Heights. He asked that staff recommend this to the Council for the new sign Ordinance. Commissioner Vitelli moved to approve the Variance for an expansion to an existing Scoreboard Sign for St. Thomas Academy at 955 Lake Drive with one additional tree for screening. Commissioner McManus seconded the motion. AYES: 5 NAYS: 0 CASE NO. #00-29: JAMES FISCHER VARIANCE FROM SIDE SETBACK REQUIREMENTS ON CORNER LOT 26 SOMERSET ROAD Chair Duggan explained this was a public hearing for the purpose of discussion on a variance from the side setback requirements on a corner lot at 26 Somerset Road. Planner Grittman reviewed the Planning Case with the Commission and noted the applicant is requesting a variance from the side setback on a corner lot to undertake an expansion of this structure. He noted the applicant wishes to add onto the family room to the rear of the home with a separate addition to the front and side expanding the garage. Planner Grittman noted there are issues for the applicant, who faces a hardship and therefore Staff recommends approval due to the fact the applicant is within the required 30-foot setback. Commissioner Vitelli asked for clarification on the driveway alignment. Planner Grittman noted the driveway to Staples would be eliminated and then realigned on Somerset Road to move farther away from the corner. Commissioner Lorberbaum asked how far a driveway had to be from a corner. Public Works Director Danielson noted it had to be 30 feet from a corner. Commissioner Vitelli asked which addition required the variance. Planner Grittman noted a portion of the family room addition would be entering the 30-foot side yard setback but that it would not be extending further into the setback than the pre-existing non-conformance. Planner Grittman then reviewed a proposed addition that would not interfere with the side yard setback for the applicant to take into consideration. Chair Duggan asked for questions and comments from the audience. 3 7/25/00 Commissioner Vitelli asked about the use of the driveway onto Staples. James Fischer, 26 Somerset Road, stated this was used as a turn around but noted it would be eliminated with the proposed addition. Commissioner Vitelli noted the addition would be a positive change for this site. Mr. Fischer noted the realigned driveway may not be to scale, but that it would be pushed away from the corner as far as possible to allow for it to flow into the current driveway. Commissioner Duggan asked if the addition to the garage would be redone with the same materials and colors as the current structure. Mr. Fischer stated he would be using the same materials, colors and would be reroofing the structure as well. Commission Vitelli noted he was in favor of the addition to the garage as it does not extend further into the 13-foot setback. Chair Duggan stated the family room addition does need some discussion as it does encroach into the side yard setback. He asked for comments from the applicant on the layout of the proposed addition. Mr. Fischer indicated the proposed layout was suggested because he was not aware of the 30-foot side yard setback. He noted the current layout of the home also encourages the addition as proposed to keep the roof and load bearing walls in line. Commissioner Lorberbaum proposed the sidewall of the addition be perpendicular with Staples. She indicated this would allow for an alternative to the proposed addition without requiring a variance. Commissioner Vitelli stated he did not feel the family room addition was unreasonable and that the 30-foot side yard setback was passed after this subdivision was completed. Chair Duggan acknowledged these comments and noted all neighbors have signed off on this application in agreement with the addition to the family room. Commissioner Vitelli indicated the applicant is not expanding the family room to the 13-foot setback of the garage and would be in favor of the plan as submitted by the applicant. Chair Duggan stated the financial reasoning behind the addition could not be taken into account for the Commission. He indicated that by altering the proposed plan with an angled family room the encroachment could be eliminated. Commissioner Betlej noted the current Ordinance does not apply to the older neighborhoods within this community. He indicated that applying the new Ordinance to this proposal does not achieve the same results as the character is completely different in this neighborhood. 4 7/25/00 Commissioner Betlej stated he was in favor of the proposed addition as submitted. He noted he encourages the renovation of the housing stock within the community as well. There being no further questions or comments, Commissioner Vitelli moved that the hearing be closed. Commissioner Betlej seconded the motion. AYES: 5 NAYS: 0 Chair Duggan asked for recommendations from the Commission members. Commissioner Vitelli moved to approve the application for a Variance from Side Setback requirements on Corner Lot for the garage addition for James Fischer at 26 Somerset Road with an additional Variance for the driveway to allow it to be less than 30 feet from a corner. Commissioner Lorberbaum seconded the motion. AYES: 5 NAYS: 0 Commissioner Vitelli moved to approve the application for a Variance from Side Setback requirements on Corner Lot to allow for an addition to the family room for James Fischer at 26 Somerset Road. Commissioner Betlej seconded the motion. AYES: 4 NAYS: 1 (Lorberbaum) CASE NO. #00-30: JOHN KATZMARK WETLANDS PERMIT 2461 BRIDGEVIEW COURT Chair Duggan explained this was a public hearing for the purpose of discussion on a wetlands permit at 2461 Bridgeview Court. Planner Grittman reviewed the Planning Case with the Commission and noted the applicant has applied for a wetlands permit to construct a patio and a series of "keystone" block retaining walls in his rear yard. He indicated the proposed improvements would be within the 100-foot wetland impact area and would also include re-landscaping of a sodded area adjacent to the wetland returning it to native grasses, shrubs and wildflowers. Planner Grittman explained the patio and retaining walls would extend to within approximately 25 feet of the edge of the wetland as shown on the City's site map. He stated staff recommends 5 7/25/00 approval of the permit as submitted, due to fact there is an avoidance of impervious paving and because the applicant would maintain water quality in the area. Planner Grittman added that grasses, shrubs and wildflowers would improve the site over the sodded back yard. Chair Duggan asked for questions and comments from the audience. Commissioner Betlej asked if the proposed pavers were considered to be impervious. John Katzmark, 2461 Bridgeview Court, noted they are considered impervious but that there would be drainage through the surface. He stated the retaining walls and paver patio would allow for greater amounts of water to drain through the retaining wall levels. Commissioner McManus noted she was in favor of the design of this proposal as submitted as it would protect the surrounding natural environment. Chair Duggan indicated he felt the water would flow faster on the paver surface than on the current sodded back yard and asked for direction from staff. Public Works Director Danielson noted the step design of the retaining walls would actually help in absorbing the power and speed of the flowing water. Commissioner Lorberbaum asked if fill would be brought into the backyard. Mr. Katzmark noted no fill would be brought in for the retaining walls but that sand would be needed for the paver patio portion of the backyard. There being no further questions or comments, Commissioner Vitelli moved that the hearing be closed. Chair McManus seconded the motion. AYES: 5 NAYS: 0 Commissioner Vitelli moved to approve the wetlands permit at 2461 Bridgeview Court for John Katzmark with a silt fence to be added to the plan design. Commissioner McManus seconded the motion. AYES: 4 NAYS: 1 (Betlej) CASE NO. #00 -31: MIKE AND ELLEN KUENSTER VARIANCE FROM FRONT YARD SETBACK FOR PORCH 9 MEARS AVENUE Chair Duggan explained this was a public hearing for the purpose of discussion on a variance from the front yard setback for a porch for Mike and Ellen Kuenster at 9 Mears Avenue. 6 7/25/00 Planner Grittman reviewed the Planning Case with the Commission and noted the applicant is requesting a variance to construct a front porch onto an existing single family home. He stated the home is on a corner lot with the house facing Mears Avenue although the front of the lot was towards Dorset Road. Planner Grittman indicated the applicant has proposed running a porch the entire length of the two-story section of the home eight feet by 36 feet. He stated due to the existing setback three to five feet and approximately half of the proposed square footage would encroach into the required 30-foot front yard setback. Planner Grittman noted the Zoning Ordinance establishes a standard for reviewing variance requests which is based on a finding that the variance is not a mere convenience to the applicant but rather is necessary to alleviate undue hardship. He indicated staff finds no hardship with this case. Planner Grittman stated a slightly redesigned porch would allow for compliance with the current Ordinance and therefore staff does not recommend approval. Chair Duggan asked for questions and comments from the audience. Commissioner Vitelli asked when the home was built. Mike Kuenster, 9 Mears Avenue, stated the home was built in the 1950s. He noted this project stems from a future project the homeowners would like to do on the house. Mr. Kuenster stated the initial project would allow for shade and add character to the home, which would be the hardship at this time. Mr. Kuenster indicated the porch is a reasonable request as it is an open air porch and has been approved by all neighbors. Mr. Kuenster noted if his plan was not approved as submitted he would not be in favor of the proposal at all. Chair Duggan stated he felt the request was reasonable as it is an open air porch addition. He indicated it was a minimal encroachment into the setback. Chair Duggan noted this would add appeal to the home and appreciated that the neighbors were in approval. Commissioner Vitelli and Commissioner Betlej concurred. Commissioner Lorberbaum stated she did not feel there was a hardship for this request. Chair Duggan noted he had trouble with the phrase "practical difficulty" within the Ordinance language, which allows him to view each proposal on a case by case basis for approval or denial. There being no further questions or comments, Chair Duggan moved that the hearing be closed. Commissioner Betlej seconded the motion. AYES: 5 NAYS: 0 7 7/25/00 Commissioner Vitelli moved to approve the Variance from the Front Yard Setback for a Porch for Mike and Ellen Kuenster at 9 Mears Avenue. Chair Duggan seconded the motion. AYES: 4 NAYS: 1 (Lorberbaum) VERBAL REVIEW This item was tabled to the next meeting. ADJOURNMENT There being no further business, the Planning Commission, Commissioner Betlej moved to adjourn its meeting at 9:02 p.m. Commissioner Lorberbaum seconded the motion. AYES: 5 NAYS: 0 Respectfully submitted, Heidi Guenther Recording Secretary Time Saver Off Site Secretarial, Inc. 8 7/25/00