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1999-05-25 Planning Comm MinutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PLANNING COMMISSION MINUTES MAY 25, 1999 The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, May 25, 1999, in the Council Chambers at City Hall, 1101 Victoria Curve. The meeting was called to order at 7:30 p.m. The following members were present: Duggan, Koll, Friel, Betlej, Kleinglass and Tilsen. Commissioner Lorberbaum was excused. Also present were Public Works Director Jim Danielson, Planner Meg McMonigal, Administrative Assistant Patrick Hollister and Senior Secretary Linda Shipton. APPROVAL OF MINUTES Commissioner Betlej moved approval of the April 27, 1999 minutes with corrections. Commissioner Tilsen seconded the motion. AYES: 6 NAYS: 0 PLANNING CASE NO. 99-16: DAVID P. MAY, 987 DELAWARE AVENUE CONDITIONAL USE PERMIT, VARIANCE Mr. David May and wife, Debbie May introduced themselves and their application to the Planning Commission. Mr. May said they propose to replace their existing 18 x 18 garage with a new 22 x 28 garage keeping the same southwest corner and by moving the garage in toward the property by 4' and extending toward the front of the property by 10'. Mr. May also said they propose to replace the existing driveway and widen it from 7'7" to 8' and have it center on the apron of the street. Chair Duggan stated that the reason the May's were before the Planning Commission for the Conditional Use Permit and the sideyard setback Variance is because our ordinance requires that garages and other structure be further away from the lot line than the 2.5 feet the May's proposed. Because of their 50' lot, they would need a variance and that variances have been granted previously to several of the residents on Delaware Avenue. The Conditional Use Permit is required for a detached garage. Commissioner Tilsen asked if the garage is planned to match the house in color and material. Mr. May said the garage would be white and that the house is white stucco. He said the garage presently has lap siding with a 4" exposure. Mr. May also said that if stucco is too expensive then he would side the garage with vinyl or steel, with a 4" exposure. Chair Duggan asked if there was anyone in the audience who wished to comment on the application. There was no one in the audience to comment . Chair Duggan moved to close the public hearing on this application. Commissioner Tilsen seconded the motion. Commissioner Friel moved to recommend the City Council approve the Conditional Use Permit and the Variance with the following conditions: 1. Changes to grades and drainage are approved by the City Engineer. 2. The garage addition building materials and colors complement the principal structure. Chair Duggan seconded the motion. AYES: NAYS: VERBAL REVIEW 6 0 Chair Duggan asked Mr. Danielson to provide the verbal review at this time. As Mr. Danielson was providing the verbal review of the planning case of Mr. Will Salz, 1084 Avanti Drive, Chair Duggan commented that he had watched the City Council's deliberation on that planning case and noticed that no discussion occurred with respect to a variance. He felt that both planning commission recommendations regarding of Mr. Salz' application, should have been discussed. The recommendation to not consider this a Variance, with the return of his application fee, should have been discussed by Council. Commissioner Friel moved that, once again, this case be brought to City Council's attention. Chair Duggan seconded the motion. AYES: NAYS: 6 0 Mr. Danielson's reviewed the planning case of a Conditional Use Permit for an Accessory Structure at Mr. John Jacobs, 1766 Lansford Lane. Chair Duggan commented that the City Council instructed Mr. Jacobs that he would receive his permit fees back upon removal of the structure. Chair Duggan moved that the City Council consider that whatever costs that our city incurred in the permit process that amount be retained from that $350.00 fee. Commissioner Friel seconded the motion. AYES: NAYS: 6 0 PLANNING CASE NO. 99-15 PAUL A. EDSTROM CONDITIONAL USE PERMIT Paul Edstrom introduced himself and his application for a Conditional Use Permit to replace his existing detached garage. Mr. Edstrom asked for clarification as to why he had to have a Conditional Use Permit for this garage. Commissioner Friel explained that all detached garages, without reference to size, require a Conditional Use Permit. Commissioner Friel further explained that for some garages, the size of the garage, whether it is a detached garage or not needs a Conditional Use Permit, but all detached garages need a Conditional Use Permit. Commissioner Betlej pointed out that what the Planning Commission was going to be giving the recommendation on was Option A ( a single story garage) and not Option B (a two story garage). Mr. Edstrom said that Option B erroneously was placed in the application and that he was only seeking a recommendation on Option A. Planner Meg McMonigal said the maximum allowable height for an accessory structure is 15 feet. Commissioner Tilsen said it appeared to him that the position of the Garage, was set at 68' off the property line or 78' off the street. He questioned why Mr. Edstrom wouldn't want to move the garage closer to the street giving a bigger back yard. Public Works Director Jim Danielson explained that would be a problem and that accessory structures had to be set back as far as the principal structure. Mr. Edstrom commented that when looking down from his house that all homes were in alignment. Commissioner Tilsen wanted to clarify that they were talking about a maximum height of 15 feet. Mr. Edstom stated that he would drop the garage down to 15 feet. Commissioner Betlej said that according to the drawing of Option A, the garage was fine and he would not have to drop it down. Chair Duggan asked if there was anyone in the audience who wished to comment on this application. There was no one in the audience to comment on this application. Commissioner Betlej moved to close the public hearing on this application Chair Duggan seconded the motion. AYES: 6 NAYS: 0 Commissioner Betlej moved to recommend the City Council approve the Conditional Use Permit for the detached garage submitted with the size and location indicated and not to exceed 15 feet in height with the following conditions. 1. Changes to grades and drainage are approved by the City Engineer. 2. The garage addition building materials and colors match the principal structure. Commissioner Tilsen seconded the motion. AYES: 6 NAYS: 0 PLANNING CASE NO. 99-13 DAKOTA COUNTY HOUSING AND REDEVELOPMENT AUTHORITY CONTINUED DISCUSSION Chair Duggan said that the Dakota County HRA was applying for a Rezoning, a Conditional Use Permit for Land Reclamation and a Conditional Use Permit for a Planned Unit Development. Chair Duggan introduced Ms. Kari Gill representing HRA and mentioned along with her was her architect, Kim Bretheim. Ms. Gill stated that there were a few items that raised questions at last month's meeting and that she received a memorandum from the planner. Ms. Gill said that the first issue was regarding the easement for the Trailway and that HRA has agreed to sign a trail easement document. A second item was a question regarding how the parking spaces were calculated. Chair Duggan stated the ordinance requirement is 2.5 spaces per unit of residence and that 24 units were proposed which brings the total up to 60 parking spaces. Chair Duggan also stated that of those units, one space would be enclosed and a second one will be on the driveway and that there will be 12 guest parking spaces. Ms. Gill stated that a third item was that there was some question about what HRA had applied for. Ms. Gill said that she thought she had followed the direction of the City Council, by submitting a PUD. Ms. Gill said HRA would also be willing to develop as an R-3 Rezoning and enter into a developers agreement. Commissioner Friel questioned whether the minimum lot area requirements were being met for these 24 units. Architect, Kim Bretheim stated that the calculations for that are on the A-1 Site Plan. Mr. Bretheim indicated that the ordinance lot area requirement for these 24 units would be 3.62 acres and that the site totals 3.62 acres which meets the ordinance requirements. Ms. Gill said if it is developed as a PUD, then there is the issue of the impervious surface. Chair Duggan expressed he was more than uncomfortable with the amount of green covered. Ms. Gill said another item was working with the Met Council regarding the Noise Ordinance. Ms. Gill also stated that HRA had submitted a plan to Met Council and that they would be working with them and then come back to the city. Chair Duggan suggested they consider piggybacking with Hoffman Homes. Jim Danielson said that Hoffman Homes had already completed their analysis. Ms. Gill said that the last issue was related to the landscape plan. Ms. Gill said there was a request for additional foundation plantings and additional trees and that a revised plan had been submitted. Commissioner Tilsen asked if HRA was aware of the Crime Free Multi Housing Program. He said he had several conversations and also spoke with the Police Chief about this program and he was very much in favor of the program. Commissioner Tilsen felt it was a good opportunity to introduce the program into our city. Commissioner Tilsen said he would highly recommend this program be a part of the Planning Commission's recommendation. Commissioner Tilsen said that at this stage of the project he would recommend HRA go through the process called CPTED (Crime Prevention Through Environmental Design). Ms. Gill indicated that she had received a call about the program and information was being sent to her and that the HRA would be happy to look at the information. Chair Duggan asked about a requirement for a landscaping and screening bond being submitted and if that was part of the process HRA was doing under the R-3 designation. Ms. Gill said they could do that. ( Commissioner Koll asked for clarification of ownership of HRA, what the contract is for, and can they pay off in a shorter period of time. Ms. Gill explained to utilize the Federal Tax Credits there is a minimum 15 year affordability requirement. Because of the competitiveness for those resources one of the ways the resources is allocated is if a development commits to a long period of affordability. Dakota County has put a 30 year affordability requirement on the development. Chair Duggan asked who will own the land and the buildings when all the approvals go through. Ms. Gill said the private partnership would own the land and the buildings. Chair Duggan asked about the size of the sign, if it was lighted or not and about the interior lights on streets. Mr. Bertheim said the sign is 8' wide and 3 1/2 high and that the sign is not lighted. He explained that the interior lights had 14' high poles with 100 watt lamps and were provided by the NSP site utility lighting through a lease program. Chair Duggan asked if there was anyone in the audience who wished to comment on this application. There was no one in the audience to comment on this application. Commissioner Friel moved to close the public hearing on this application. Commissioner Betlej seconded the motion. AYES: 6 NAYS: 0 Commissioner Friel moved to recommend to the City Council the Rezoning from B-1A to R-3 and the CUP for Land Reclamation subject to all the requirements and conditions set forth in the planners report, and as follow, Land Reclamation conditions: 1. The Reclamation plan meets all ordinance requirements. 2. The reclamation plan is approved by the City Engineer. Site and Building Plan conditions: 1. All R-3 zoning requirements are met. 2. A trail easement document prepared by the City is signed by the HRA. 3. The sidewalks and play areas are installed at the time the units are constructed. 4. The grading, drainage and utility plans are approved by the City Engineer. 5. A development agreement between the City and the developer is executed to detail all of the conditions of the site and building plan approval. and in addition that the HRA consider working with appropriate instrumentalities to develop the Crime Prevention Through Environmental Design standards. Commissioner Betlej seconded the motion. AYES: 6 NAYS: 0 ADJOURNMENT There being no further business, the Planning Commission moved to ajourn the meeting at 8:45 p.m. Respectfully submitted, Linda L. Shipton Senior Secretary