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2000-01-25 Planning Comm MinutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PLANNING COMMISSION MINUTES JANUARY 25, 2000 The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, January 25, 2000, in the Council Chambers at City Hall, 1101 Victoria Curve. The meeting was called to order at 7:30 p.m. The following Commissioners were present: Chair Duggan and Commissioners Koll, Betlej, Kleinglass and Tilsen. Commissioners Lorberbaum and Friel were excused from the meeting. City Staff present were Public Works Director Jim Danielson and Administrative Assistant Patrick C. Hollister. Also present was Planner Meg McMonigal of MFRA. Mr. Hollister took the minutes. MINUTES Chair Duggan moved to approve the November 23, 1999 Planning Commission Minutes with revisions. Commissioner Betlej seconded the motion AYES: NAYS: 0 PLANNING CASE #99-11: NSP CONDITIONAL USE PERMIT Chair Duggan introduced the first planning case of the evening, #99-11: NSP Conditional Use Permit. Chair Duggan recalled that NSP had originally applied for the Conditional Use Permit in March of 1999 to replace the existing double poles with new single poles. Chair Duggan said that the poles would range from 85' to 100' in height, and that NSP also wished to double the number of lines for "redundancy". Chair Duggan said that an EAW was required of NSP, and that NSP agreed to do this. Chair Duggan continued that NSP then met with the Environmental Quality Board to allow public input on NSP's plans. Chair Duggan said that the EQB process ended faster than some people would have preferred. Chair Duggan said that all Commissioners had received four inches of documents from the EQB last week to review for the meeting this evening. Chair Duggan said that one of the conclusions of the EQB was that an EAW would be sufficient and that NSP did not need to complete and EIS. Chair Duggan said that after the EQB process was finished, NSP asked to appear again before the Planning Commission. Chair Duggan said that although a public notice for the public hearing on this application was properly placed in the City's designated newspaper, not all of the neighbors concerned received mailed notice. Chair Duggan said that the City contacted NSP as soon as this error was discovered, and that NSP has agreed to continue the hearing to next month. Chair Duggan said that proper legal notices will be mailed for the February Planning Commission meeting. Chair Duggan said that nevertheless, individual Planning Commissioners and residents in the audience may ask questions this evening of NSP, although NSP may not be able to fully answer them this evening. Chair Duggan said that he had already presented his concerns to NSP. Page 1 1/27/2000 Pat Cline introduced himself as NSP's Community Government Relations Manager for the Mendota Heights Area. Mr. Cline said that NSP had no dispute with the City regarding the starting and ending dates for the 60 -day review period and that NSP was more than happy to come back to the February Planning Commission meeting. Mr. Cline said that in his notes he already has eleven more questions to answer at the February Planning Commission meeting. Mr. Cline added that if anyone had any more questions for NSP, he would prefer that those questions be channeled through City Staff. Mr. Cline said that NSP would be happy to stand at this evening's Planning Commission meeting for as long as anyone had any questions. Mr. Cline also said that NSP had submitted answers in writing to 62 questions posed by Mendota Heights resident David Herrige. Chair Duggan asked if any Commissioners had any questions for NSP. Commissioner Tilsen asked Mr. Cline how much it would cost to put the power lines underground. Commissioner Tilsen added that he was under the impression that it would cost roughly $250,000 or $300,000 per mile. Commissioner Tilsen asked what it would take for NSP to put the lines underground. Mr. Cline said that NSP would provide a written response to that question. Chair Duggan asked how the buried cable would get to 100 feet. Commissioner Betlej said that he thought that the cost of burying the wires would be roughly 2.5 million to 3 million dollars per mile. Chair Duggan said that different costs have been sited in different documents. Commissioner Koll asked what happens when the lines are out of contortion with each other. Commissioner Koll also asked what the factors are that effect EMF levels. Commissioner Koll also asked what happens at the interconnections with the new line, and is there a difference in what occurs now. Commissioner Koll also asked where the other power source comes from, and what the other alternative is. Commissioner Koll also asked what is considered high voltage and what is considered low voltage. Commissioner Koll also asked what the effect of a single versus a double circuit was. Mr. Cline suggested that NSP begin with a short course on Electricity, including an explanation of what EMF technically is. Chair Duggan suggested that the course include an explanation of what the overhead power lines do and mean. 4 V Mr. Cline said that he was not prepared to give such a lecture this evening, but that he could get someone else to come to the February meeting to give this presentation. Commissioner Koll asked if it was easy to measure the EMF levels inside or outside ones home. Mr. Cline said that measuring EMF levels on one's own property is easy, and that NSP would be happy to measure them for free for anyone who called Mr. Cline and asked. Page 2 1/27/2000 Commissioner Betlej asked how the costs of burying the lines would be allocated if the lines were buried. Commissioner Betlej said that the lines provide a benefit beyond the borders of Mendota Heights. Mr. Cline said that like other utilities, power lines are typically placed overhead. Mr. Cline added that anyone wishing to have them buried would have to bear the cost difference to do so. Chair Duggan said that he suspected that this matter would be open to negotiation. Chair Duggan asked if anyone in the audience had any questions. Jean St. Marten of 2216 Swan Court said that her property borders NSP. Ms. St. Marten said that she had three concerns: the noise level, the preference for underground wires, and the environment, particularly EMF. Chair Duggan said that the Planning Commission had received lots of material on EMF, and that Ms. Saint Marten could get a copy of the material from the City if she wished. Commissioner Tilsen moved to continue the public hearing on the NSP Conditional Use Permit application to the February 22, 2000 meeting of the Planning Commission and to extend the 60- day review period for an additional sixty days. Commissioner Kleinglass seconded the motion. AYES: 5 NAYS: 0 Chair Duggan asked Mr. Ira Kipp if he was ready to present his application. Mr. Kipp said that his surveyor had not yet arrived, and that he would prefer to be delayed on the agenda until his surveyor did arrive. Commissioner Kleinglass moved to delay the Kipp application until later in the agenda. Commissioner Tilsen seconded the motion: AYES: 5 NAYS: 0 PLANNING CASE #00-03: CHRIS DOYLE SUBDIVISION Chair Duggan introduced the next Planning Case for the evening. Chair Duggan remarked that this subdivision involves a City drainage easement and a wetlands not yet vacated by the City. Mr. Chuck Reisenberg said that he is a semi-retired City Planner and is assisting Mr. Doyle in • this application. Mr. Reisenberg added that has is married to Mr. Doyle's first cousin. Mr. Reisenberg said that the minimum lot size had been met for this subdivision and that the new lot Page 3 1/27/2000 was 19,477 square feet in size. Mr. Reisenberg said that he Mr. Doyle had been unaware that there was a wetland on this site. Chair Duggan explained that when the Ivy Falls area was improved several years ago, this piece of land was drained. Mr. Reisenberg asked if this area of Mr. Doyle's property was a designated wetland. Mr. Jim Danielson said that the area in question used to be an open ditch or stream. Mr. Danielson added that the creek is no longer there. Mr. Danielson said that at the time the City installed the pipe, the official wetlands designation for this land was not removed. Mr. Reisenberg asked if a watershed was involved. Mr. Danielson said that there was no watershed involved. Mr. Reisenberg said that the wetland designation for this area needed to be taken out of the wetlands map. Mr. Reisenberg added that he and Mr. Doyle had looked at the existing trees and had the surveyor show a building envelope on the map. Mr. Reisenberg said that there is no current building plan for a house on this new lot. Mr. Reisenberg added that the topographical contours are currently shown on the map. Commissioner Tilsen asked Planner McMonigal if a plat was required for dividing a platted lot into two lots. Planner McMonigal said that only a Certificate of Survey was required. Commissioner Tilsen said that his preference would be to replat the lot. Commissioner Tilsen added that the stoilu water should be contained on site. Commissioner Tilsen said that there should be no spill in a 100 -year storm event. Commissioner Tilsen said that there should be a way to hold back the water to the pre- existing condition. Commissioner Tilsen asked Ms. McMonigal if a comer lot like this one needed two front yard setbacks. Commissioner Tilsen added that the front yard setbacks were not only defined by the standard thirty feet, but also by the location of the neighbors' houses. Commissioner Tilsen said that the proposed house would encroach on the setbacks both on Maple Park Drive and on Sylvandale Road. Planner McMonigal said that the proposed outline is just a building envelope. Mr. Reisenberg said that Mr. Doyle was not asking for any variance, and in fact was not even asking to build a house at this time. Chair Duggan said that someone may ask for a variance to build on this lot later. Mr. Reisenberg said that that would be a future variance and would be handled at that time. Mr. Reisenberg said that Mr. Doyle is only seeking a subdivision at this time, and has met all requirements for this subdivision. Page 4 1/27/2000 Chair Duggan said that the setback requirements are also dependent on where the front of the home was. Chair Duggan said that he assumed that the front of the house, the driveway, and the address would be on Maple Park Drive. Chair Duggan said that the Planning Commission had to determine whether or not this proposal fit the character of the neighborhood. Mr. Reisenberg said that Mr. Doyle could submit a survey that only showed the setbacks required for a house, and that whatever home was built here would need to be consistent with the code. Chair Duggan said that the Planning Commission had to ask whether if a house were built here it would be in character with the rest of the neighborhood. Commissioner Tilsen said that 30 feet were not the correct setback, and that it really should be 36 feet. Commissioner Tilsen said that to build this house on this lot you would a variance, and therefore to approve this lot requires a variance. Commissioner Tilsen said that Planning Commission needs to be sure that this new lot is buildable. Chair Duggan said that the Planning Commission may ask Mr. Doyle to return with a drawing showing the foundation to the home. Commissioner Tilsen said that if you extend the Sylvandale setback line from north to south the lot cannot be built upon. Planner McMonigal said that the setback shown would probably be more than 30'. Planner McMonigal suggested that the back should be the south lot line and that the house be setback 10 feet from the east lot line. Planner McMonigal said that the builder could choose which is the front and rear of the lot and that Staff could bring back this information. Commissioner Betlej said that there was a setback relative to Sylvandale. Planner McMonigal said that there is a 40' utility easement that the applicant may not build upon. Commissioner Kleinglass asked if this lot could be built upon. Commissiorier Koll commented that it appeared as if one third of the lot was taken up by this easement. Chair Duggan said that neighbor Mr. Mulaney had told him that someone at City Hall had told him several years ago that this lot could not be built upon. Mr. Danielson said that he was unable to confili any such conversation, but that at that time the lot had a stream running through it. Chair Duggan said that Mr. Doyle's proposed lot may meet the 15,000 square foot minimum size, but that it is smaller than the surrounding lots in the neighborhood. Chair Duggan said that this application is not in character with the land and homes in the area. �y Mr. Reisenberg said that this subdivision application meets the City's ordinance. Page 5 1/27/2000 Chair Duggan asked if anyone in the audience wished to speak on this issue. Mr. Chris Doyle said that he had lived in the house since 1991. Mr. Doyle asked why there was a wetland designation on his property. Chair Duggan said that there was a stream there at one time. Mr. Doyle said that since the City installed the pipe, the wetland designation is no longer needed. Mr. Doyle said that removing the wetland designation should not be a problem. Chair Duggan said that he wanted to act on this application with knowledge of any variances for the home. Commissioner Betlej said that all Mr. Doyle needed to do was to prove that the lot can be built upon. Commissioner Betlej added that Mr. Doyle is not asking for approval of any home design today. Mr. Doyle said that he had placed an example building footprint on the survey upon advice from Staff, and that if the footprint does not confoun to all setbacks it should not hold up the process. Mr. Reisenberg said that he had been a planner for 20 years. Mr. Reisenberg said that the point was that it is feasible to build a house on this lot, even if the buildable area were cut in half. Mr. Reisenberg said that he and Mr. Doyle had demonstrated that the lot is buildable. Commissioner Tilsen said that he didn't want a future builder to come to the City and say that that exact footprint is what was approved. Mr. Doyle said that he had talked to neighbor Frank Mulaney and that Mr. Mulaney did not oppose the house. Mr. Doyle said that redrawing the buildable area on the lot would be no problem. Mr. Doyle said that the lot was heavily treed, fairly hilly, on a curved street and would be a nice lot. Mr. Doyle said that he could meet the 37.5 -foot setback on the lot. Charlie Knoll, 1165 Sylvandale Road, said that he lives directly across the street from this lot. Mr. Knoll said that he opposed any vacancy of the wetlands or any variance that would be needed for this house. Mr. Knoll said that this subdivision and home would have an adverse affect on neighboring properties. Mr. Knoll said that the home would not fit with the character of the neighborhood. Mr. Knoll said that he did not think that this subdivision could be or should be done. Commissioner Koll noted that 40% of the lot was not usable, and that she was concerned about drainage. Ms. Koll said that the topographical map provided did not include drainage. Mr. Danielson said that there was a catch basin at the low point on the property that would receive any drainage from this development. Commissioner Koll said that she remembered that the neighborhood had horrible flooding in 1975. Page 6 1/27/2000 Commissioner Kleinglass asked Planner McMonigal if this would be a buildable Lot. Planner McMonigal said that it would be a buildable lot. Commissioner Kleinglass moved to close the public hearing. Commissioner Betlej seconded the motion. AYES: 5 NAYS: 0 Commissioner Tilsen asked Mr. Danielson if the City should require that all storm water from this development be handled on site. Chair Duggan said that ponds are often built to handle increased run-off. Mr. Danielson said that these ponds are called NURP ponds. Commissioner Tilsen said that on a small development such as this, a NURP pond would be more difficult and more costly, but it should be done, because the system is already overtaxed. Commissioner Tilsen said that the applicant should take a closer look at drainage. Chair Duggan said that the applicant should provide an accurate soil survey as required by the subdivision ordinance. Chair Duggan said that for next month the applicant should submit a wetlands delineation and a soil survey. Commissioner Tilsen suggested that the Planning Commission table this application to their February meeting and that the applicant should provide corrected setback lines, a new house pad, a soil survey, and drainage plans showing the water contained to pre-existing conditions. Chair Duggan suggested that the applicant perform 3 or 4 soil borings on the site. Chair Duggan said that a soil survey is required by the subdivision ordinance. Mr. Doyle said that soil surveys were an issue for building, and that all he wanted was a subdivision. Mr. Reisenberg asked if it was City policy that all subdivisions require four soil borings, even for a single lot. Chair Duggan said that it was city policy. Commissioner Tilsen moved to recommend that the Council deny the application. Commissioner Betlej seconded the motion. AYES: 4 NAYS: 1 Betlej Page 7 1/27/2000 PLANNING CASE #00 -02 IRA KIPP, SUBDIVISION AND VARIANCE Mr. Kipp introduced himself and presented his application for a preliminary plat and variance. Mr. Kipp said that he had revised his plans for the subdivision from a total of six lots down to a total of five lots, including his existing home. Chair Duggan said that the Planning Commission was uncomfortable with a road of only 40 feet wide to serve the new lots. Mr. Kipp introduced his surveyor, Mr. McGinley. Mr. McGinley gave an overview of the subdivision proposal. Mr. McGinley said that the applicant had started with a total of 6 lots and had now reduced the proposal to five lots. Mr. McGinley said that the only variance requirement was for street frontage for lot #5, which contains the existing home. Mr. McGinley said that this variance was only a technicality and would not change the condition of the home. Mr. McGinley said that the variance would have no impact on the placement of the new house on that lot. Mr. McGinley said that he has found eight examples of subdivisions approved by the City that involve variances for street frontage for lots similar to the variance that Mr. Kipp is requesting. Mr. McGinley cited Stratford Woods as an example. Mr. McGinley said that Mr. Kipp's original six -lot proposal would have required variances for two lots, but that as a concession Mr. Kipp has reduced his proposal to five lots. Mr. McGinley added the Mr. Kipp had also provided a tree survey. Mr. McGinley displayed a color rendition of the development showing that the property is heavily wooded. Mr. McGinley said that there was a predominance of trees on the west side of the property, and that Mr. Kipp would preserve as many significant trees as possible. Mr. McGinley said that that concluded his presentation. Chair Duggan said that Commissioner Friel had objections to the proposed road. Chair Duggan referred Mr. McGinley to the letter from Commissioner Friel and the memorandum from Fire Chief John Maczko. Chair Duggan said that he doubted that Mr. Maczko had seen the revised plan. Commissioner Tilsen said that this development would require ponding for a 100 -year stolin event. Commissioner Tilsen said that the applicant should work with the City Engineer to contain the runoff particularly in light of the fact that the City was working hard to improve the quality of Roger's Lake. Commissioner Tilsen said that he believed that Lot 1 along Wagon Wheel Trail would still require a variance. Mr. McGinley said that Commissioner Tilsen's comments on stoini water were legitimate. Commissioner Tilsen said that if the south lot line for lot 1 is considered the rear lot line, then the lot would need 100 feet of frontage on Wagon Wheel Trail. Mr. McGinley said that this would require an additional 12' of the south property line. Page 8 1/27/2000 Commissioner Tilsen said that Mr. McGinley had provided good documentation of other subdivision approvals. Commissioner Tilsen said that Mr. Maczko had said that the road is too narrow, and that a 20' driveway is considered the minimum width assuming no snow. Commissioner Tilsen added that Mr. Maczko said that fire trucks need at least a 65 feet turning radius to turn around. Commissioner Tilsen said that he was confident that Mr. McGinley could modify the application to address Mr. Maczko's concerns. Commissioner Tilsen asked if this application involved the transfer of property from the Pabsts to the Kipps. Mr. McGinley said that it did not, and that in fact the Pabst family had sent a letter to Mr. Kipp requesting that the loop driveway be broken off because the Pabsts did not want any traffic from the west side of the loop. Mr. McGinley said that therefore Mr. Kipp intended to sever the blacktop of the loop driveway. Commissioner Tilsen said that with the new cul -de -sac, people would eventually learn that the Pabst driveway is a private driveway. Chair Duggan said that he was concerned about traffic on Wagon Wheel. Chair Duggan asked how far the curve in Wagon Wheel Trail was. Mr. McGinley said that the curve was east of this property about 300 -400 feet. Commissioner Betlej asked Staff what the minimum width of the road was. Mr. Danielson said that the City had allowed a forty -foot right -of -way and a twenty -foot road in the past for a similar subdivision. Mr. Danielson said that the idea was that one half of the road would be built now and the other half of the road would be built if and when Ratchye subdivided. Commissioner Betlej asked if there were any cases where the other half of the road was never built. Mr. Danielson said that he could recall one such example. Chair Duggan asked Mr. McGinley how many feet he could spare to further widen the road. Mr. McGinley said that he had looked at several options, all of which would further exacerbate the need for a variance for one lot. Mr. McGinley added that the more the road was expanded to the west, the more green space would be lost. Chair Duggan said that he was glad to hear that the surveyor had considered several options. Mr. McGinley said that the road meets the City's requirements. Commissioner Betlej said that widening the road would force the removal of more trees. Commissioner Betlej asked how more trees could be preserved. Page 9 1/27/2000 Mr. McGinley said that if the road were expanded to the east in the future, it would remove even more trees. Commissioner Betlej asked Mr. Danielson if the City had allowed multiple lots to be served from a private drive on half of a right -of -way. Mr. Danielson said that the most lots the City has allowed in this fashion is three. Commissioner Koll asked how wide the cul -de -sac was. Mr. McGinley said that the current cul -de -sac right -of -way was 50 feet wide, with a 50 -foot radius that he believed to be acceptable to fire trucks. Commissioner Koll asked about the 6 -inch water main. Mr. Danielson said that if this subdivision were approved, the City would install and eight inch line. Chair Duggan asked if anyone from the audience wished to comment on this application. Mr. Tim Pabst introduced himself as the son of the owners of the lot adjacent to Mr. Kipp's property. Mr. Pabst said that his parents were opposed to Mr. Kipp's plan. Mr. Pabst said that his parents' next -door neighbors were Boyd Ratchye and Sue Light. Mr. Pabst said that his parents had no intention of ever subdividing, and that to his knowledge neither did Mr. Ratchye and Ms. Light. Mr. Pabst said that both the Ratchye/Light property and the Kipp property were originally part of the Pabst property. Mr. Pabst said that there is a private covenant on his parent's house that dictates that only one additional lot could ever be created on their remaining property. Mr. Pabst said that his parents felt that this subdivision would reduce the value of their property. Mr. Pabst said that currently the three parcels existing are of roughly equal size. Mr. Pabst said that his parents had a safety concern for the traffic on the cul -de -sac. Mr. Pabst said that the soils report was done, but left undiscussed. Mr. Pabst also said that there were wetlands on both the west and east sides of the property and that the DNR should be notified. Mr. Pabst added that he had not yet heard anything about potential lakeshore access for lots 1 -4 through lot 5, and that his parents were against increased access to the lake. Commissioner Betlej said that lakeshore access for lot 5 was mentioned. Mr. Ratchye, 970 Wagon Wheel Trail said that he and his wife Sue Light join the Pabst family in their objection to the Kipp proposal. Mr. Ratchye said that they would be looking, at the new cul- de -sac out the front of their house. Mr. Ratchye added that snow from the cul -de -sac would get dumped onto his private drive. Mr. Ratchye added that he had not had a chance to examine the revised plan. Mr. Ratchye said that he and his wife had met with several neighbors this evening, including the Andersons, the Millers, and the Bebels and that they would like to create a comprehensive plan for the development of the neighborhood from the curve to 35E. Mr. Ratchye said that in order to preserve the general character of the neighborhood, several neighbors are interested in rezoning the area fonu R -1 to R -1B, which would require 30,000 square foot minimum lots. Mr. Ratchye said that Mr. Kipp is amenable to this idea if it meant that he could create three new lots and add two of them to the private driveway, thus sparing him Page 10 1/27/2000 the cost of a public street. Mr. Ratchye concluded by saying that he and his wife were in opposition to the current proposal, and they requested that it be either denied or continued, and that this property be treated as R -1B from now on. Chair Duggan said that rezoning to R -1B was a good idea to preserve the existing character of the area. Mr. Rachye asked what the timing of such a rezoning would be. Chair Duggan said that it may take several months. Ms. Donna Anderson, 994 Wagon Wheel Trail, said that these houses would be in her back yard, and that storm water comes right down to her house. Chair Duggan said that anticipated run -off could be dealt with, along with wetlands issues. Chair Duggan asked Mr. McGinley what the total frontage was of the Kipp property along Wagon Wheel Trail. Mr. McGinley said that it was 220 feet. Mary Bebel, 1011 Wagon Wheel trail said that she bought 6 acres along Wagon Wheel Trail in 1972 and that she sold part if it to Mr. Miller. Ms. Bebel said that any further development along Wagon Wheel Trail should be in keeping with the existing character of the neighborhood. Ms Bebel said that her husband would also be here if he was not out of town at a conference. Ms. Bebel said that her neighborhood was getting bad news on both sides between Mr. Kipp's proposal and the NSP application. Mr. Kipp said that he would be willing to have this matter continued for an additional month. Mr. Kipp added that he would be willing to increase to minimum lot size of his development to 30,000 square feet if he could continue to use the shared driveway. Chair Duggan said that he would support this compromise. Mr. Kipp said that he wanted to keep good relations with his neighbors. Commissioner Tilsen asked if the loop would be cut off Mr. Kipp said that yes, the Pabsts wanted the loop to be cut off Commissioner Tilsen said that it would be possible to do a shortcut loop across the two driveways. Mr. Kipp said that the large asphalt surface on the end of the private driveway should be sufficient for a fire engine turn - around. Mr. McGinley asked for clarification that if Mr. Kipp only creates two or three additional homes, he would not have to dedicate a public street or right of way. Mr. McGinley said that it has been done before in Mendota Heights, and that he could meet the Fire Chiefs concerns. Page 11 1/27/2000 Chair Duggan suggested that someone make a motion to table this application in light of the need to further examine wetlands, drainage, the character of the area, the possibility of only three new lots, the width of the road, and comments about the rezoning potential. Commissioner Betlej moved to table discussion of this application to the next meeting in order to discuss the number and size of the lots, wetlands, meet with the Fire Chief for fire truck maneuverability, and for Mr. Kipp to meet with the neighbors. Commissioner Kleinglass seconded the motion. AYES: 5 NAYS: 0 PLANNING CASE #00 -04: HESSELROTH AND DALGLISH SUBDIVISION Chair Duggan introduced the next Planning Case. Chair Duggan suggested that the DNR be notified about this application since it takes place within the Critical Area. Mr. Gordon Hesselroth, 1661 Mendota Heights Road, introduced himself and reviewed the subdivision application. Mr. Hesselroth said that their neighbors across the street, the Larsons, wished to expand their home but were unable to do so due to lot constraints. Mr. Hesselroth said that since he, his wife, and their neighbors the Dalglishes were good friends with the Larsons and wished to keep them in the neighborhood they had decided to create a third lot between their two lots for the Larsons to build a new home upon. Mr. Hesselroth said that all of them were new to subdividing land and thanked the Planning Staff at City Hall for their help. Mr. Hesselroth said that he had submitted a plat drawing showing the new lot and the proposed house footprint on that lot. Mr. Hesselroth added that the Larsons had also submitted a landscape plan for the new home. Mr. Hesselroth said that he was open for questions from the Planning Commission. Commissioner Betlej asked if this subdivision and house plan should be reviewed by the DNR. Planner McMonigal said that she recommended in her report that the plans be submitted to the DNR for review. Planner McMonigal added that although there is some slope on the property, it is not part of the bluff. Chair Duggan said that the DNR may be concerned specifically about the proposed retaining wall. Chair Duggan added that the DNR is also concerned with the height of structures within the Critical Area. Chair Duggan commented that the current size of the Hesselroth lot was 200 feet of frontage and 200 feet of depth, and that this proposed subdivision would reduce that frontage by 31 feet. Ms. Andrea Larson introduced herself as the future homeowner of the new house. Ms. Larson said that there had been some minor changes to the house design since the original plan. Ms. Larson said that at her surveyor's suggestion, she no longer intended a "walkout ", but was now planning to include a "lookout ". Ms. Larson added that she was not sure exactly how much retaining wall would be required. Ms. Larson said that the materials used for the wall would be Page 12 1/27/2000 either natural boulders or timbers. Ms. Larson added that she would have considered "lock - block", but was under the impression that natural materials would be preferable to the City. Commissioner Koll asked how much fill would be needed. Ms. Larson said that she was not sure what would be unearthed in the digging process, but that any large rocks discovered would have to be removed. Ms. Larson said that she was not sure how much dirt would have to be removed. Ms Larson pointed out that the Planning Commission had also received an elevation of the proposed house. Ms. Larson said that this elevation was now slightly modified because the home would no longer have a walkout. Ms. Larson said that there would now be fill up to the first floor level on the right side of the elevation. Chair Duggan said that the Critical Area regulations allow a retaining wall every twenty feet. Chair Duggan cited wording in the Critical Area ordinance stating the intent to enforce MNRRA standards, minimize interference with views and ensure compatibility with the surroundings. Commissioner Koll said that her only concerns were regarding the environmental impact of the development. Chair Duggan said that one of the neighbors to this new lot should give an additional 20 feet to the new lot to bring the new lot more in keeping with the size of surrounding lots. Ms. Larson said that such a change would not make any practical difference in what was built on the property. Ms Larson added that the proposed house meets all setback requirements as proposed. Chair Duggan said that the transfer of twenty feet would be beneficial for an intangible reason. Chair Duggan said that he did not like it when people further subdivided lots, even when it is legal. Mr. Hesselroth said that the new home would be in keeping with the character of the rest of the neighborhood. Mr. Hesselroth added that the current lot line location was the result of much forethought, taking into consideration the existing topography and landscaping. Commissioner Tilsen said that he thought the applicants had submitted a good plan. Commissioner Tilsen said that the need for retaining walls could be reduced if the house was shifted 10 feet further to the south. Commissioner Tilsen said that he was also concerned about drainage. Commissioner Tilsen said that this development would increase run-off and that it should be contained on site. Ms. Larson said that she was raised on a farm, and that her father had always used tiles to distribute water. Commissioner Tilsen said that a pond should be built somewhere on these three lots to contain the water. Mr. Danielson said that City Staff would take a closer look at 'drainage for this development. Page 13 1/27/2000 Mr. Morrison said that the applicants had submitted a good plan. Chair Duggan said that there was a new law that said that all new lots or new homes created had to contain all storm water on their own property. Mr. Morrison said that requiring the construction of a stolin water retention pond for a single house was extreme. Mr. Dalglish asked for Mr. Danielson's opinion on the water drainage issue. Mr. Danielson said that he was not aware of any state law requiring ponding for individual lots. Mr. Danielson suggested that Staff could return to the Planning Commission next month with further research on the drainage issue and input from the DNR. Mr. Hesselroth asked what issues he needed to address for next month's meeting. Chair Duggan said that the issues to be addressed at next month's meeting included the retaining walls, drainage, input from the DNR, and the transfer if twenty feet from one lot to another. Mr. Mark Johnson said that he will be constructing his own home directly across the street from the proposed house and that he was in favor of the application. Mr. Johnson said that he did not think it was necessary to transfer 20 feet from one lot to another. Mr. Johnson said that the lot has 130 feet of frontage and that transferring the line would serve no purpose. Commissioner Tilsen said that it would be nice to keep the size of the lots roughly equal. Ms. Larson asked if there was anything else the Commission wanted for next meeting. Chair Duggan said that the topographical map should include an indication of where the storm water will go. Ms. Larson said that she would work with Mr. Danielson on this matter. Ms. Larson asked if there was anything else the Commission needed. Chair Duggan said that otherwise he would approve the plan. Commissioner Kleinglass moved to table this application to next month. Chair DuQQan seconded the motion. AYES: 5 NAYS: 0 PLANNING CASE #00 -05: MANSUR VARIANCE Mr. Mansur introduced himself and said that he was applying for a variance for a four -foot high fence all the way to the rear lot line. Page 14 1/27/2000 Chair Duggan noted that there was no one in the audience who wished to speak on this application and waived the public hearing. Commissioner Koll moved to approve the one -foot variance allowing a four -foot fence to be within 13 feet of a rear lot line on a through lot with no conditions. Commissioner Kleinglass seconded the motion. AYES: 5 NAYS: 0 PLANNING CASE #00 -06: LINDER'S GREENHOUSE. CONDITIONAL USE PERMIT AND ZONING ORDINANCE AMENDMENT Mr. Peter Linder of Linders Greenhouses introduced himself and presented his application for a Zoning Ordinance Amendment and a Conditional Use Penuiit to operate a flower mart in the parking lot of Mendota Plaza. Mr. Linder said that Linders Greenhouses grows everything they sell and that the flower mart would be in operation from mid -April to July of 2000. Chair Duggan asked if the operation would have lighting. Mr. Linder said that he did not need lighting because it is only open during daylight hours. Chair Duggan asked Mr. Danielson if the light pole nearby belonged to the City. Mr. Danielson confirmed that it did. Chair Duggan asked Mr. Linder about bathroom facilities. Mr. Linder said that he had an arrangement with Mendota Plaza to use their bathrooms. Chair Duggan asked about signage. Mr. Linder said that he would abide by the City's signage regulations. Mr. Linder said that he would like a sign near Dodd Road, and that the flags were only decorative. Chair Duggan said that he would like to add a condition to Planner McMonigal's list of ten conditions. Chair Duggan said that he would like to require Mr. Linder and the neighbors to the greenhouse to submit a written report to the City after the season is over on whether or not there were any public nuisances or thefts of plants. Mr. Linder said that he had been running these types of operations at various locations for twelve years and that he had never been asked to leave a community. Mr. Linder said that he was happy to write such a report after the season is over. Mr. Linder said that he had already been to Council with a conceptual plan for the flower mart and had received a favorable reception. Page 15 1/27/2000 Commissioner Tilsen asked about security provisions and whether theft was a problem at these operations. Mr. Linder said that theft is a rare occurrence, but it happens on occasion. Mr. Linder said that it was just a cost of doing business. Mr. Linder said that most thieves are less interested in stealing plants than in stealing stereos or other more expensive items. Commissioner Tilsen asked where the water would come for the operation. Mr. Linder said that the water would probably come from the main mall building. Chair Duggan said that if garden hoses are sitting out in the open senior citizens from the HRA building might trip over them. Mr. Linder said that his Staff tries to water early in the morning and then roll up the hoses. Commissioner Tilsen asked if the greenhouse structure should be defined as a "building" in either the Conditional Use Permit or the Ordinance Amendment. Commissioner Tilsen said that defining the greenhouse structure as a building may invoke UBC requirements. Commissioner Tilsen suggested that the word "building" be removed. Commissioner Betlej asked about trash disposal. Mr. Linder said that this operation generates very little trash, but that arrangement for the disposal of the trash would be made with Paster Enterprises. Chair Duggan requested that either Staff or the applicant calculate the signage allowed for this operation and present this information to Council. Commissioner Koll asked if other cities require Linders Greenhouses to renew their permit every year. Mr. Linder said that it varies by community. Mr. Linder said that some communities insist that the permit be renewed every year, some communities have granted him a five -year permit, and some communities have given him ongoing permission to run his operation. Mr. Linder said that he expects all to go well with this operation and that he would like to come back again each year. Chair Duggan noted that no one was in the audience to comment on this application and asked for a motion to open and close the public hearing. Commissioner Betlej moved to open and close the public hearing. Commissioner Kleinglass seconded the motion. AYES: 5 NAYS: 0 Page 16 1/27/2000 Commissioner Tilsen moved to recommend that the Council approve the Zoning Ordinance amendment as presented by Planner McMonigal, excluding the word "building" to describe the greenhouse structure. Chair Duggan seconded the motion. AYES: 5 NAYS: 0 Chair Duggan moved to recommend that the Council approve a Conditional Use Permit for Linders greenhouses to operate a temporary garden center at Mendota Plaza, subject to the ten conditions enumerated by Planner McMonigal plus the additional condition that Mr. Linder and the neighbors submit a report to the City after the season is over recounting how it went. Commissioner Kleinglass seconded the motion. AYES: 5 NAYS: 0 00 - PLANNING CASE 07: PATTERSON DENTAL WETLANDS PERMIT Tim Mcllwain. Architect for Patterson Dental, introduced himself and reviewed the expansion plans for Patterson Dental. Mr. Mcllwain the proposed addition squares off the northwest corner of the building. Mr. Mcllwain said that there would still be access to the northwest corner of the building. Commissioner Betlej asked if the 888 contour was the delineated edge of the wetland. Commissioner Tilsen said that the City had recently put an aerator into Rogers Lake and that he was concerned about water quality. Commissioner Tilsen said that Patterson Dental should use their storm water pond and increase the size of their storm water pond to introduce only-the proper amount of water into the lake. Steve Swanson of Westwood Professional Services said that City Engineer Marc Mogan had advised him to use the 880 contour as the edge of the wetland. Mr. Swanson said that Patterson Dental intended to use a new product made in Brooklyn Park called Rain Filter, which is an actual filter that goes into the catch basin. Commissioner Koll noted that roughly 2000 cubic yards of dirt need to be moved as part of this project and asked if a Conditional Sue Permit for fill would be required. Planner McMonigal said that no fill permit would be needed for an approved building. Chair Duggan noted that no one in the audience was present to comment on this application and asked for a motion to open and close the public hearing. Commissioner Betlej moved to open and close the public hearing. Page 17 1/27/2000 Commissioner Kleinglass seconded the motion. AYES: 5 NAYS: 0 Commissioner Kleinglass moved to recommend that the Council approve the wetlands peimit as presented. Commissioner Tilsen seconded the motion. AYES: 5 NAYS: 0 PLANNING CASE #00-08: CATHOLIC CEMETERIES CONDITIONAL USE PERMIT Mr. Al Stavenow introduced himself and presented his application for a mausoleum at Resurrection Cemetery. Mr. Stavenow said that the Mausoleum would be built in two phases and showed a color rendering of what it would look like when it was complete. Mr. Stavenow also showed color renderings of the interior of the buildings. Mr. Stavenow said that the mausoleum would have exterior and interior niches for burial. Chair Duggan asked about provisions for security. Mr. Stavenow said that vandalism of a Mausoleum is a felony and that the shutters are made of Granite. Commissioner Koll asked about lighting for the project. Mr. Stavenow said that there would be some lighting but that it would not be too bright. Chair Duggan asked about landscaping. Mr. Stavenow said that there would be some landscaping. Chair Duggan said that Mr. Stavenow should submit a landscaping plan for the Council. Chair Duggan suggested that Mr. Stavenow may wish to appear before the second Council meeting in February in order to have extra time to prepare a landscaping plan. Chair Duggan noted that no one was in the audience to comment on this application, and asked for a motion to open and close the public hearing. Commissioner Betlej moved to open and close the public hearing. Commissioner Kleinglass seconded the motion. AYES: NAYS: 0 Page 18 1/27/2000 Commissioner Kleinglass moved to recommend that the Council approve the Conditional Use Permit for a mausoleum as presented. Chair Duggan added a friendly amendment that the applicant submit a landscaping, plan. Commissioner Kleinglass accepted the friendly amendment. Commissioner Koll seconded the amended motion. AYES: 5 NAYS: 0 Chair Duggan instructed Mr. Stavenow to appear before at February 15 Council meeting with a landscape plan. VERBAL REVIEW Mr. Danielson provided the Planning Commission with a verbal review of the status of previous planning cases. ADJOURNMENT Commissioner Kleinglass moved to adjourn the meeting. Commissioner Betlej seconded the motion. AYES: 5 NAYS: 0 The meeting adjourned at 12:30 pm. Respectfully Submitted, Patrick C. Hollister Page 19 1/27/2000