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2000-06-27 Planning Comm MinutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PLANNING COMMISSION MINUTES JUNE 27, 2000 The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, June 27, 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, 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 Lorberbaum moved to approve the minutes of May 23, 2000 meeting, to amend page five, paragraph nine, to read "Chair Duggan noted he was uncomfortable with Mr. Jessin's impervious surface," page six, paragraph five, to "move approval for the application for a Conditional Use Pennit for a Detached Garage and Garage with conditions," and page 7, changing the word "Absent" to "Abstain" within the two motions. Betlej seconded the motion. AYES: 6 NAYS: 0 ABSTAIN: 1 CASE NO. #00 -23: CEMSTONE WETLANDS PERMIT Chair Duggan explained this item was tabled at the May Planning Commission meeting at the request of the Planning Commission for further discussion. Public Works Director Danielson noted he spoke with the DNR and found that the area was not protected by the DNR, which means a peimit would not be required to cut the above ground vegetation from the site. He explained the City would have jurisdiction over this issue and not the DNR. Commissioner Betlej moved to approve Case No. #00 -23 a Wetlands Permit for Cemstone to remove Black Willow from his wetland area and the applicant and City work together on this issue. 1 6/27/00 Commissioner Vitelli seconded the motion. AYES: 7 NAYS: 0 C_ CASE NO. #00 -25: ST. THOMAS ACADEMY VARIANCE FOR SCOREBOARD 955 LAKE DRIVE Chair Duggan explained this was a public hearing for the purpose of discussion on a Variance for a scoreboard for St. Thomas Academy at 955 Lake Drive. Planner Grittman reviewed the Planning Case with the Commission and noted that the applicant is requesting a variance from sign size, number, and height regulations. A scoreboard section that is 32 square feet in size and reads "Home of the Cadets" is proposed to be added to an existing scoreboard. He explained that with this addition, the property will have a total of 216 square feet of signage on the 50 -acre property and the scoreboard will be 16 feet tall. Planner Grittman noted that the school is within the R -1 zoning district, which does not allow for this type of signage. He indicated the City finds the sign to be a reasonable use of the property given the size of the property, the institutional use of the property and the fact that the message of the sign will not be visible from the public right -of -way. Planner Grittman noted he makes no recommendation due to the fact there is no clear hardship but it could be approved with conditions and landscaping could be considered to create a screen between the scoreboard and the public right -of -way. Commissioner Friel noted the recommendation for this case was not clear from staff and asked for clarification. Planner Grittman stated staff is not comfortable with making a recommendation due to the fact the school is in the R -1 zoning district and the Ordinance does not apply to campus style developments. Commissioner Friel stated he felt it would be appropriate for the Planning Commission to draft an amendment to the Zoning Ordinance to address these issues so that additional non - conformities were created on this site. Chair Duggan asked for questions and comments from the audience. Rich Allen, St. Thomas Academy representative, noted the sign was being planned and provided by an alumni. He indicated the sign would be an enhancement to the field along with additional landscaping in the area. Chair Duggan asked if the sign was in memory of any person. Mr. Allen noted the sign would be in memorial of Jack Jensen, whose grandson is now attending the academy. 2 6/27/00 Commissioner Lorberbaum asked if the field would be used during the summer and if the scoreboard would be used. Mr. Allen noted this would be available for the VFW and additional teams throughout the summer. Commissioner Lorberbaum encouraged Mr. Allen to screen the backside of the sign with a tree or evergreens to beautify the campus. The Commission concurred. Mr. Allen agreed and asked what size tree would be acceptable. Chair Duggan noted that a six to seven foot tree would be acceptable, leaving room for maturity of the tree. Commissioner Koll stated she felt the current Ordinance was unreasonable as it pertains to a 50- acre campus within the residential zoning district. She indicated the addition would complete the sign as it is. Commissioner Koll stated the sign variance comparison is not quite fair as the Ordinance stands. Commissioner Vitelli asked if the variance was from the zoning district. Chair Duggan stated the residential zoning district allows for one 12 square foot sign. Commissioner Vitelli stated there is no Ordinance governing this issue as the campus is 50 acres. Commissioner Friel concurred and reiterated that the Planning Commission revisit the Ordinance before the signage were to be approved. Commissioner Vitelli advised staff to contact neighboring City's for signage Ordinance's on the related topic. Commissioner McManus noted she would be more comfortable to have staff explore other models before approving an existing non- confouning use. Chair Duggan noted that the item would be tabled for further discussion. Mr. Allen stated he had no problem with putting this item on hold until the City could deal with this issue. There being no further questions or comments, Commissioner Friel moved to table the public hearing and discussion to July 25, 2000. Chair Betlej seconded the motion. AYES: 7 NAYS: 0 CASE NO. #00 -26: DR. TOM KOEPKE AMENDMENT TO THE ZONING CODE TO ALLOW THE PARKING OF A COMMERCIAL VEHICLE IN A DRIVEWAY IN THE R -1 ZONE 539 JOHN STREET Chair Duggan explained this was a public hearing for the purpose of discussion on an amendment to the Zoning Code to allow the parking of a commercial vehicle in a driveway in the R -1 zoning district for Dr. Tom Koepke at 539 John Street. 3 6/27/00 Planner Grittman reviewed the Planning Case with the Commission and noted the applicant is a veterinarian doing business as "Mendota Heights Animal Hospital" providing veterinary services from a recreational vehicle, which has been retrofitted as a veterinary clinic facility. Dr. Koepke provides services for pet owners on an "on- call" basis, typically meeting the owner at their home or in a mutually agreed -upon location. Planner Grittman indicated the applicant is requesting that the City consider an amendment to its Zoning Ordinance, which would petiiiit the parking of the vehicle in the driveway of his private residence. He reviewed the current Ordinance stating no commercial vehicles are allowed in the residential zoning district along with the proposed commercial vehicle language. He noted staff does not recommend the amendment. Planner Grittman noted the Ordinance does allow for outside storage of recreational equipment on one side or rear yard as long as the recreational vehicle is movable and has living quarters for recreational use, which the applicant's vehicle does not have. Chair Duggan inquired regarding the impact on a residential area. Planner Grittman noted the proposed language would allow for one commercial vehicle without advertising or commercial language to be parked in every residential driveway. Commissioner Lorberbaum asked if the proposed Ordinance with changes would allow for a dump truck to be parked in a residential area. Mr. Grittluan noted this was the case. Chair Duggan asked for the setbacks of this site and if it would be allowed to fit on the side yard. Planner Grittman noted this may not be applicable if the Commission does not allow the commercial vehicle within the residential zoning district. Commissioner Vitelli stated currently recreational vehicles are parked on the side or rear yard and noted the proposed change could allow for RV's to be parked in driveways. Planner Grittman noted this would be difficult but the language could be written to not permit this. Commissioner Koll noted she lives within a town house association with restricted by -laws and stated she disagreed with the proposed changes. Chair Duggan.asked for questions and comments from the audience. Thomas Koepke, 539 John Street, applicant noted he does not want to have to park the vehicle on the side of his home because he would lose several large trees. He stated he has been a resident of Mendota Heights for 31 years and likes the community. Mr. Koepke stated he is searching for additional sites to park his commercial vehicle as he has had to relocate his business and is striving to keep his business alive. 4 6/27/00 Mr. Koepke noted he would not be looking to have this as a permanent structure, but he needs this until a new site for his practice could be located. He presented the Commission with a handout on the weight of his commercial vehicle. Mr. Koepke clarified the weight as being 12,420 pounds. Mr. Koepke stated he contacted someone to have his land surveyed but they were three weeks out on work. He apologized for the lack of a site survey with the location of his home and landscaping. Mr. Koepke added that he would be placing additional landscaping in the front of his home to screen the potential parking of this vehicle. He indicated that he felt he should be allowed to have his business vehicle through a conditional use penait as he had with his past practice. He noted he would be in court next week regarding his past conditional use permit at Dakota County. Chair Duggan stated that the board can only address the facts that are before them and at this time the Commission is to address a zoning text amendment to allow a commercial vehicle on a residential property. Chuck Elliot, 543 John Street, asked if this would allow commercial vehicles to come and go through the residential zoning district at all times of the day. Chair Duggan stated this is not the intent but it would be allowed. Mr. Elliot expressed concern for the safety of the general public if drugs /medications were to be brought into the residential area and the smell or sight of a dump truck in a residential area. Tom Corey, 1061 Oscar Lane, stated this Ordinance would set a negative tone on the entire City and break down the quaint residential areas within the City. Mike Clusna, 1057 Chippewa, explained he felt the Ordinance should be maintained as is. He felt business should be conducted in a commercial zoning district and violations should be dealt with appropriately. Mr. Clusna noted he walks a lot in his neighborhood and calls the City often regarding properties in violation. He indicated that if this Ordinance were to pass it could proliferate into worse situations. There being no further questions or comments, Commissioner Koll moved that the hearing be closed. Commissioner Betlej seconded the motion. AYES: 7 NAYS: 0 Chair Duggan asked for recommendations from the Commission members. Commissioner Friel agreed with denying this item but stated there is a growing concern for additional vehicles and structures on property. He stated that because the City is so strict on this 5 6/27/00 issue the consequence is that it is squeezing the residents into conformance or blatant non - confoimance. Commissioner Friel indicated he has noticed numerous commercial vehicles within his neighborhood and violations need to be greater observed. Commissioner Koll moved to deny the application for an Amendment to-the Zoning Ordinance to Allow for Parking of a Commercial Vehicle in a Driveway in the R -1 Zone for Dr. Tom Koepke at 539 John Street. Commissioner McManus seconded the motion. AYES: 7 NAYS: 0 Chair Duggan asked that the item of commercial vehicles be addressed in the next Mendota Highlights to keep the public abreast of this topic. CASE NO. #00 -27: DANIEL SILVER NINE (9) FOOT FRONT YARD SETBACK VARIANCE FOR A GARAGE ADDITION 1280 SYLVANDALE ROAD Chair Duggan explained this was a public hearing for the purpose of discussion on a nine (9) foot front yard setback variance for a garage addition for Daniel Silver at 1280 Sylvandale Road. Planner Grittman reviewed the Planning Case with the Commission and noted the applicant is requesting a variance from the front yard setback standard to allow a garage addition to an existing garage that would extend into the setback from Laura Street. The proposed addition is 14 feet wide and provides an additional stall to the garage. He noted the addition would reduce the front yard setback from 35 feet to 21 feet. The required front yard setback is 30 feet and the applicant is requesting a nine -foot setback. Planner Grittman indicated staff does not recommend approval of the variance for a garage addition as the property owner does not appear to make reasonable use of the site. He explained that the owner could build a garage on the site without further encroaching into the setback. Chair Duggan asked for questions and comments from the audience. Daniel Silver, 1280 Sylvandale Road, stated the shape of his lot restricts an additional garage site as it is a corner lot. Chair Duggan stated because the lot is a corner lot both sides of his lot facing the roadways have a 30 foot setbacks. Mr. Silver asked what the side yard setback would be if it was considered a side yard setback. Chair Duggan noted side yard setbacks are 10 feet. Mr. Silver indicated he is proposing this garage for security reasons due to the fact his wife's car was broken into last year. He noted he did receive approval from all association members in his area. Mr. Silver stated Commissioner Friel made a good point about how restrictive the City is 6 6/27/00 on allowing additional storage structures, yet does not want additional outside storage. Mr. Silver noted he has made many exterior improvements to his home and advised the proposed structure would meet the same architecture of the existing home. Commissioner Friel stated he has a problem with this issue because all neighbors have signed off in favor of this issue. Commissioner Koll stated she visited the site and thought after looking at the site a hardship could exist because this is a corner lot. Commissioner McManus added that additional storage would be needed in the near future which could be a hardship. She stated she did not agree with the creation of a new plan. Commissioner Vitelli stated there is a large evergreen is between the proposed garage and next home providing ample screening. He added that the proposed garage would still be 21 feet from the right-of-way and, with the proposed addition, the roofline would maintain the same pitch. Commissioner Lorberbaum noted the addition would be lovely but noted a hardship was not met with this proposal. There being no further questions or comments, Commissioner Lorberbaum moved that the hearing be closed. Chair Friel seconded the motion. AYES: 7 NAYS: 0 Commission Betlej noted he felt the hardship on this site would be the two front yard setbacks. Commissioner Koll concurred. Chair Duggan noted the City has been working on an Ordinance to help eliminate the hardship requirement when 100% of the neighbors have approved proposed plans. Commissioner Friel asked that an Ordinance again be placed in front of the Council addressing this issue. Commissioner Friel moved to approve the nine (9) foot front yard setback variance for a garage addition for Daniel Silver at 1280 Sylvandale Road, Commissioner Koll seconded the motion. AYES: 5 NAYS: 2 (Friel and Lorberbaum) Chair Duggan moved to advise staff to place an Ordinance amendment before the Council to accept more comfortably when 100% of neighbors signatures are received based on proper documentation of plans. Commissioner Friel seconded the motion. 7 6/27/00 AYES: 7 NAYS: 0 CASE NO. #00 -28: JEFFREY KUBAT FRONT YARD SETBACK VARIANCE FOR A GARAGE ADDITION 2341 KRESSIN AVENUE Chair Duggan explained this was a public hearing for the purpose of discussion on a front yard setback variance for a garage addition for Jeffrey Kubat at 2341 Kressin Avenue. Planner Grittman reviewed the Planning Case with the Commission and noted the applicant is requesting a variance from the front yard setback standard to allow a garage addition to an existing garage that would extend into the setback from Kressin Avenue. He noted the proposed addition is 18 feet deep and would allow the construction of a mud room in the existing garage. Planner Grittman noted the addition would reduce the front yard setback from 48 feet to 30 feet and would extend closer to the street than the homes on either side of the subject property. He indicated staff does not recommend approval of the variance as it appears there is no unique circumstances for this property or hardship. Chair Duggan asked for questions and comments from the audience. Jeffrey Kubat, 2341 Kressin Avenue, stated all neighbors have signed off on the application except a neighbor directly behind his home, who could not be reached. He noted the mud room would be a great addition to his home as well as the additional garage space. Mr. Kubat noted the existing garage is approximately 20 to 22 feet in depth. He explained his son's car was broken into and the additional storage space would also provide safety for his family. Chair Duggan stated he was glad that the neighbor to the north was in favor of the addition. He questioned if there would be a window in the addition. Mr. Kubat stated he has not considered a window at this time. Commissioner Koll stated this was an 18 foot variance and she had concern for the extreme encroachment. She noted the proposed plan would have an obtuse structure in the middle of the block. Commissioner Koll indicated landscaping could help this situation but the addition would be a large structure for the neighboring properties to view. Chair Duggan asked if the architecture and color would be the same as the primary structure. Mr. Kubat noted the style would maintain the same color and architecture as the existing structure. 8 6/27/00 Commissioner Friel stated he is always concerned about moving into the setback 18 feet but noted the jog in the setbacks may be interesting for the neighborhood as well. There being no further questions or comments, Chair Duggan moved that the hearing be closed. Commissioner Koll seconded the motion. AYES: 7 NAYS: 0 Commissioner Friel moved to approve the Front Yard Setback Variance for a Garage Addition for Jeffrey Kubat at 2341 Kressin Avenue. Chair Duggan seconded the motion. AYES: 4 NAYS: 3 (Koll, Lorberbaum and Vitelli) 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 US West Conditional Use Peiniit. He noted this was approved and a tower would be co- located with a siren and City siren on a current light pole. Public Works Director Danielson noted the fence surrounding the water pool was approved as well. Chair Duggan asked that the Commission look into a pool ordinance for future issues brought up by residents. Chair Duggan wished the City Administrator well as he moved on to a new position in Colorado. Commissioner Friel asked that a resolution be drafted commending the City Administrator. Commissioner Friel moved to advise staff to draft a resolution commending the City Administrator for his service to the City of Mendota Heights. Chair Duggan seconded the motion. AYES: 7 NAYS: 0 ADJOURNMENT There being no further business, the Planning Commission, Commissioner Betlej moved to adjourn its meeting at 9:28 p.m. Commissioner Lorberbaum seconded the motion. 9 6/27/00 AYES: 7 NAYS: 0 Respectfully submitted, Heidi Guenther, Recording Secretary TimeSaver Off Site Secretarial, Inc. 10 6/27/00