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2000-05-23 Planning Comm MinutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PLANNING COMMISSION MINUTES MAY 23, 2000 The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, May 23, 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, Koll, Lorberbaum, McManus, and Vitelli. Also present were Public Works Director Danielson, Planner Stephen Grittman, Administrative Assistant Patrick Hollister and Heidi Guenther, Recording Secretary. APPROVAL OF MINUTES Commissioner Betlej moved to approve the minutes of April 25, 2000 meeting, revised to amend page 6 filling in the Ordinance number to read "Ordinance 401 Chairperson Lorberbaum seconded the motion. AYES: 5 NAYS: 0 ABSTAIN: 1 (Jack Vitelli) CASE NO. #00 -14: DAVID FISCHER, US WEST WIRELESS, LLC CONDITIONAL USE PERMIT FOR WIRELESS COMMUNICATIONS LEXINGTON AVENUE AND DAKOTA DRIVE Chair Duggan explained this item was tabled at the April Planning Commission meeting at the request of the applicant. He noted this item was a continuation of discussion from prior meetings with a new site request being at Lexington Avenue and Dakota Drive. Mr. Fisher, U.S. West Wireless, described the proposed location for the tower. He stated the site was west of Victoria Drive near the ball field. Mr. Fisher stated the proposed tower would be 50 feet in height plus three additional feet for a City siren. Chair Duggan noted that this height would require a variance and is considered a co- location with the siren and antenna on a single pole. Mr. Fisher explained his company is willing to paint the pole and antenna to meet the City's specifications along with landscaping species. Chair Duggan stated the City Council would determine these specifications. 1 5//23/00 Commissioner Koll asked why the site within the MnDOT right of way was not approved. Mr. Fisher stated MnDOT was not willing to allow US West Wireless within the right of way. Commissioner Vitelli stated he was in favor of this location and co- location. Chair Duggan asked for questions and comments from the audience. There being no further questions or comments, Commissioner Koll moved that the hearing be closed. Chair Duggan seconded the motion. AYES: 6 NAYS: 0 Commissioner Vitelli moved to approve Case No. #00 -14 a Conditional Use Permit for Wireless Communications for US West Wireless, LLC, granting a height variance, wetland permit and heightened landscaping above six feet. Commissioner Lorberbaum seconded the motion. AYES: 6 NAYS: 0 CASE NO. #00 -20: SCOTT AND JACQUELINE FOLEY WETLANDS PERMIT FOR POOL AND FENCE 617 HAMPSHIRE DRIVE Chair Duggan explained this was a public hearing for the purpose of discussion on a Wetlands Permit for a Pool and Fence at 617 Hampshire Drive. Planner Grittman reviewed the Planning Case with the Commission and noted the applicants are requesting a wetlands permit to construct a swimming pool and fence in their backyard within 100 feet of a wetland. He explained the in- ground swimming pool would be located 62 feet from the wetland and an ornamental aluminum fence would enclose most of the usable back yard, beginning at the house and ending 23 feet away from the wetland. Planner Grittman noted neither issues would impact the wetland. He indicated staff recommends approval of the permit as submitted. Chair Duggan asked for questions and comments from the audience. Commissioner Lorberbaum asked what the fence would look like. Scott Foley, 617 Hampshire Drive, reviewed several fence designs with the Commission and stated the fence would be six feet in height. 2 5//23/00 Chair Duggan explained he was in favor of the fence and asked that the space between the bars be no wider than four inches. He cautioned the residents to place a silt fence in the rear of the lot due to the excavation near the wetland. Mr. Foley stated he had no objections to the silt fence. Commissioner Lorberbaum asked how the drainage would be determined in the rear yard. Corey Nelson, Dolphin Pools, stated the pool grade would be marginally higher than the current grade to flow away from the pool. Mr. Nelson stated the current vegetation line would not be disturbed in any manner during this construction of the pool and stated a silt fence would be put in place. Chair Duggan asked if the soil type was known. Mr. Nelson stated it is clay loam soil in this area and soil correction would be done according to City specifications. Commissioner Lorberbaum asked about drainage of the pool. Mr. Nelson stated the Foley's have decided to use a carbon filter with no discharge or back washing. He stated the only time water would be discharged would be in the late fall. Mr. Nelson stated the water would be discharged into a man made rock bed where it would be contained. Commissioner Vitelli asked if there were state regulations on pool drainage near wetlands. Administrative Assistant Hollister stated the City has no current regulations in place and comments or concerns could be passed along to the Council before a fmal decision was made. Commissioner McManus questioned how the drainage surrounding the house would be affected with the pool. Mr. Nelson stated the pool was a considerable distance from the home. He noted there was a positive drainage running away from the house and this will remain as is. Mr. Nelson explained there would only be a minimal change in the natural grade. Commissioner Betlej asked if fill would be brought in between the pool and the wetland. Mr. Nelson explained he would like to stay consistent with the current grade and no fill would be brought in during construction. There being no further questions or comments, Commissioner Vitelli moved that the hearing be closed. Chair Duggan seconded the motion. AYES: 6 NAYS: 0 Commissioner Vitelli moved to approve the Wetlands Permit for a Pool and Fence (six foot) for Scott and Jacqueline Foley at 617 Hampshire Drive. Commissioner Betlej seconded the motion. 3 5//23/00 AYES: 6 NAYS: 0 CASE NO. #00 -21: DAVID JESSEN CONDITIONAL USE PERMIT FOR DETACHED GARAGE — VARIANCE FOR TWO GARAGES 869 BLUFF CIRCLE Chair Duggan explained this was a public hearing for the purpose of discussion on a Conditional Use Permit for a detached garage and a Variance for two garages at 869 Bluff Circle. Planner Grittman reviewed the Planning Case with the Commission and noted the applicant is requesting permission to construct an accessory building in the rear portion of his property to be used as a second garage and pool house. He explained there is a steep grade in the rear yard and the accessory building is also proposed to serve as a retaining wall for future pool construction. Planner Grittman noted the variance is requested to allow the second garage and the Conditional Use Permit is requested to allow the accessory building size to exceed the 144 square feet which is the maximum for such a building. Planner Grittman noted the additional structure would be well screened on the lot and indicated staff recommends approval of the conditional use permit with conditions but denial of the variance due to lack of hardship. Chair Duggan asked for questions and comments from the audience. David Jessen, 869 Bluff Circle, reviewed a letter that he sent to staff regarding his request. He indicated the structure style and architecture would match the current structures. Mr. Jessen noted his neighbors have been contacted and all are in favor of the improvement. Chair Duggan asked if the applicant was aware of the 300 -foot buffer zone abutting the NSP tank zone. Mr. Jessen stated he was aware of this setback and would not be encroaching on this. Commissioner Vitelli encouraged Mr. Jessen to describe his hardship for variance approval. Chair Duggan concurred stating the interpretation of a garage may need to be addressed by the Commission. Mr. Jessen stated he bought the house in 1990 with the intention of building an additional structure on the rear portion of his lot. He explained the City Ordinance was changed two years ago to not allow for him to build a second garage on his lot. Mr. Jessen noted he would not use the proposed structure as a garage but would allow it to be used for a pool house and storage. He indicated he built a driveway back to the proposed detached structure that will not serve a purpose if a structure is not placed in the rear yard. 4 5//23/00 Chair Duggan asked him to address the site hardship. Mr. Jessen stated he sees his lot as a practical difficulty because his driveway was constructed to serve a future building that will not be allowed by current Ordinance. Commissioner Betlej asked if a floor drain would be placed in the detached structure. Mr. Jessen stated he would not be needing a floor drain but would only use the space for storage of pool items. Chair Duggan questioned that without a garage type door if this structure could not be referred to as a garage. Administrative Assistant Hollister stated that with a garage door and room for a car to park it would be considered a garage. He explained he would need to check on this with the Building Inspector. Chair Duggan asked if the City could keep someone from parking a car in this structure. Public Works Director Danielson read the definition of garage within the zoning code and encouraged the applicant to change the proposed door if he would like to get his application approved as an accessory structure and not as a garage. Chair Duggan asked if the structure would be equipped with electricity. Mr. Jessen noted the site would have electricity. He stated he would be willing to remove the spancrete flooring on the main level and replace it with wooden flooring to remove the option of parking cars within this structure. Commissioner Vitelli asked if this were not a garage what the size limitations would be. Chair Duggan stated this would be limited to 144 square feet without a conditional use permit. Commissioner Vitelli questioned if the building was restructured to not be a garage if only a conditional use permit would be needed. Planner Grittman stated this was correct. Commissioner Vitelli asked if the City has granted a second garage since the new Ordinance was enacted in 1995. Public Works Director Danielson stated no applications have been received for this request since 1995, and homes may have two garages prior to the Ordinance that were grandfathered in. Chair Duggan noted he was uncomfortable with his impervious service reaching 50% of the lot with the proposed accessory structure. He explained he is willing to look at this lot if the garage door was removed and does not want to set a precedence with this lot. Commissioner McManus stated she would not be in favor of the variance requested for the detached garage and encouraged the applicant to review the request. Commissioner Lorberbaum concurred and asked that the applicant rework the layout of the request for discussion at the next meeting. She asked that the applicant consider screening of the building as well. 5 51123100 Commissioner Koll commented she was not in favor of the variance either as it would set a precedence within the City. She stated the size of the structure is extremely large and asked that the applicant address this for conditional use permit approval. There being no further questions or comments, Commissioner Vitelli moved that the hearing be closed. Commissioner Betlej seconded the motion. AYES: 6 NAYS: 0 Chair Duggan asked for recommendations from the Commission members. Commissioner Vitelli moved to approve the application for a Conditional Use Permit for a Detached Garage for Two Garages with conditions for David Jessen at 869 Bluff Circle. Commissioner Betlej seconded the motion. The motion was withdrawn upon the request of the applicant. Commissioner Lorberbaum asked how the Commission should proceed if the applicant would like to withdraw his request for four months. Administrative Assistant Hollister stated that if the application were to be withdrawn the applicant would need to reapply at his convenience. CASE NO. #00-22: METRICOM INC. CONDITIONAL USE PERMIT TO LOCATE RADIO ANTENNA EQUIPMENT ON THE CITY WATER TOWER 2431 LEXINGTON AVENUE Chair Duggan explained this was a public hearing for the purpose of discussion on a Conditional Use Permit to locate radio antenna equipment on the City water tower at 2431 Lexington Avenue. Planner Grittman reviewed the Planning Case with the Commission and noted the applicant is requesting a conditional use permit to locate a series of panel antennas on the City's water tower. He noted they are also looking to lease an eight-foot by ten-foot space inside the water tower base on which Metricom would install an equipment cabinet. He explained staff recommends approval of the request as submitted with conditions. Commissioner Lorberbaum asked if there was an upcoming moratorium on antennas on the water tower. Public Works Director Danielson stated the proposed moratorium was not for water tower antennas but for antennas located on buildings throughout the City. 6 5//23/00 Commissioner Lorberbaum removed herself from this discussion due to a conflict of interest. Commissioner McManus asked how the City determined the number of towers allowed on one structure. Chair Duggan stated co- location is encouraged and if no interference is found antennas can continue to be placed on a single site. Paul Harrington, Agent for Metricom, stated he met on site today with Mr. Danielson regarding the ground equipment. Mr. Harrington noted after the meeting Metricom would be scaling down the ground equipment and Metricom would be responsible for removal of antennas upon painting of the tower. Commissioner Koll asked how often this site would be maintained. Mr. Harrington stated this would be done on a quarterly basis during business hours. He explained that in an emergency a negotiated lease agreement with the City would allow for 24 -hour availability and Metricom would be responsible for all overtime pay required. Chair Duggan asked for questions and comments from the audience. There being no further questions or comments, Commissioner Vitelli moved that the hearing be closed. Chair Duggan seconded the motion. AYES: 5 NAYS: 0 ABSENT: 1 (Lorberbaum) Commissioner Vitelli moved to approve the Conditional Use Permit to Locate Radio Antenna Equipment on the City Water Tower at 2431 Lexington Avenue. Commissioner Betlej seconded the motion. AYES: 5 NAYS: 0 ABSENT: 1 (Lorberbaum) CASE NO. #00 -23: CEMSTONE PRODUCTS WETLANDS PERMIT TO REMOVE BRUSH AND UNDERGROWTH 2025 CENTRE POINTE BOULEVARD Chair Duggan explained this was a public hearing for the purpose of discussion on a Wetlands Permit to remove brush and undergrowth at 2025 Centre Pointe Boulevard. Planner Grittman reviewed the Planning Case with the Commission and noted the applicants are requesting a wetlands permit to remove brush and undergrowth from a wetland on their property 7 5//23/00 in the northern and western portions of the site between the parking lot and frontage road of State Trunk Highway 110. He stated a substantial amount of vegetation would be removed due to the obstruction of the view of their building. Planner Grittman noted the Ordinance discouraged the removal of vegetation unless necessary and with this case approval is not favorable. Tom Beck, Cemstone, stated he would like to clean the area up to its original form in 1985 when the site was purchased. Mr. Beck noted the Black Willow plants are a concern due to the fact it spreads. He explained he would like his site cleaned up even if it could be trimmed and not removed. Chair Duggan stated with input from the Corp of Engineers this item may be able to go forward. Commissioner Vitelli concurred stated direction from the Corp of Engineers would offer sensitive suggestions on thinning or trimming that would be more effective for the site. Chair Duggan asked for questions and comments from the audience. There being no further questions or comments, Commissioner Vitelli moved that the hearing be closed. Commissioner Lorberbaum seconded the motion. AYES: 6 NAYS: 0 Commissioner Vitelli asked if the Corp of Engineers would be a good resource for Mr. Beck. Public Works Director Danielson stated the wetlands permit would be needed above and beyond recommendations from the Corp of Engineers. Commissioner McManus stated she would like to see the wetlands protected and the applicant follow the City Ordinance. She asked that staff assist the applicant in addressing this issue as to the appropriate body that has jurisdiction of this site. Planner Grittman noted this would be a good suggestion. Commissioner Vitelli moved to table the Wetlands Permit to Remove Brush and Undergrowth at 2025 Centre Pointe Boulevard to the June meeting and staff work with the applicant to determine a plan and jurisdiction of this site. Commissioner Lorberbaum seconded the motion. AYES: 6 NAYS: 0 CASE NO. #00 -24: R.J. RYAN CONSTRUCTION, INC. 8 5/123/00 REZONING OF MENDOTA HEIGHTS ROAD AT LEXINGTON AVENUE FROM "B- 1A" TO "I" Chair Duggan explained this was a public hearing for the purpose of discussion on a Rezoning of Mendota Heights Road at Lexington Avenue from "B-1A" to "I". Planner Grittman reviewed the Planning Case with the Commission and noted the applicants are requesting a rezoning of a parcel to accommodate the use of the property as an office building. He defined the neighboring sites zoning as being industrial and B-1. He explained staff recommends approval of the rezoning as it is consistent with surrounding properties. Ron Ryan, R.J. Ryan Construction, indicated he is asking for the rezoning to accomplish the 50- foot setback on the side of his lot and this would allow him to locate a small office building on this site. Chair Duggan questioned the parking width and handicap limits. Mr. Ryan stated the parking stalls would be 10 feet wide stalls for all regular parking and all handicap stalls would be eight feet with a two-foot loading zone. Commissioner Koll asked if fill would be needed for the current application. Mr. Ryan stated the current proposal does not call for any fill. Chair Duggan asked for questions and comments from the audience. There being no further questions or comments, Commissioner Vitelli moved that the hearing be closed. Chair Duggan seconded the motion. AYES: 6 NAYS: 0 Commissioner Lorberbaum asked if the rezoning would provide for storage of outdoor equipment as addressed in Oakwood Ventures, LLC. Mr. Ryan stated this is not the intent of the rezoning. Commissioner Koll stated this needs to be taken into consideration at this time because once rezoned, all future tenants could use this site for numerous uses. Mr. Ryan stated he was not in favor of restrictions on outdoor storage due to the fact he is requesting a rezoning and could have also asked for a variance to meet his needs. Commissioner Vitelli moved to approve the Rezoning of Mendota Heights Road at Lexington Avenue from "B-1A" to "I". Chair Duggan seconded the motion. 9 51123100 AYES: 6 NAYS: 0 VERBAL REVIEW Chair Duggan requested a verbal review of the matters, which were submitted to the City Council for their consideration. Public Works Director Danielson informed the Commission of Council action taken on planning cases, and updated the Commission on the CUP at Dodd Road and Wentworth. He noted the amended language for the zoning ordinance regarding front yard setbacks would be addressed further at the next City Council meeting. Chair Duggan stated the courtyard for the City sign poles have still not been painted and asked that staff look into this. Public Works Director Danielson stated he would report back on this issue. ADJOURNMENT There being no further business, the Planning Commission, Commissioner Lorberbaum moved to adjourn its meeting at 9:33 p.m. Commissioner Betlej seconded the motion. AYES: 6 NAYS: 0 Respectfully submitted, Heidi Guenther Recording Secretary TimeSaver Off Site Secretarial, Inc. 10 5//23/00