Loading...
1995-04-25 Planning Comm MinutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PLANNING COMMISSION APRIL 25, 1995 The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, April 25, 1995, in the City Hall Council Chambers, 1101 Victoria Curve. The meeting was called to order at 7:30 o'clock P.M. The following members were present: Koll, Friel, Dwyer, Lorberbaum, Duggan and Tilsen. Commissioner Betlej was excused. Also present were Public Works Director Jim Danielson, Planning Consultant John Uban, Administrative Assistant Kevin Batchelder and Senior Secretary Kim Blaeser. APPROVAL OF MINUTES Commissioner Koll moved approval of the March 28, 1995 minutes. Commissioner Tilsen seconded the motion. AYES: 5 NAYS: 0 ABSTAIN: 1, FRIEL REMINDER OF MAY 9, 1995 JOINT WORKSHOP WITH CITY COUNCIL ON HIGHWAY 55 CORRIDOR Chair Dwyer reminded the Commission that the City Council has scheduled a Joint Workshop on May 9, 1995 at 7:00 P.M. to discuss the Highway 55 Corridor Study. Commissioners Duggan and Lorberbaum stated that they cannot attend the workshop. VERBAL REVIEW Public Works Director Danielson updated the Planning Commission on City Council action regarding recent planning cases. DISCUSS ATHLETIC STADIUM ORDINANCE AND COMMENTS FROM AREA SCHOOLS Chair Dwyer explained that the Planning Commission had recommended that the City Council approve an amendment to the Zoning Ordinance that would 1 provide for additional controls and standards for athletic stadiums. He explained that the Commission, upon sending the recommended language to the City Council for their consideration, asked staff to notify the affected schools for their comments. Dwyer explained that representatives from area schools were unable to attend the meeting where City Council reviewed the proposed ordinance amendment and they asked to be allowed to comment at a later date. Dwyer explained that at the Council meeting, the City's Attorney had indicated that he had some comments/concerns on the way the language was drafted. Therefore, City Council sent the amendment back to the Planning Commission for consideration of the City Attorney's comments and any school comments. Chair Dwyer suggested that Attorney Hart, Commissioner Friel and himself meet to discuss the stadium ordinance language. He stated that they will also consider input from St. Thomas Academy. He stated that they will work out the stadium ordinance language and present it to the Commission in May. Regarding the Lighting License Requirement, Commissioner Duggan inquired if the area schools could receive a waiver from the requirement of submitting dates, times, hours of operation and nature of events for the 1995/96 school year. Chair Dwyer stated that the subcommittee will discuss a one year grace period. HEARING: CASE NO. 95-03: HEAVER - SUBDIVISION AND VARIANCES Chair Dwyer introduced this application by stating that Mr. Heaver had been before the Planning Commission, in March, to informally discuss his request for a subdivision. He further explained the formal hearing process to the audience. Mr. Keith Heaver, of Heaver Design and Construction, Inc., was present to discuss his request to subdivide ten acres of land, located immediately east of Cherry Hills Addition and west of Clement Street and south of First Avenue and Knollwood Lane, into a 19 single family lot subdivision. Mr. Paul McGinley, of Loucks and Associates, stated that this subdivision will consist of 19 single family lots with the average lot size of 16,662 square feet. He explained that these lots will be smaller than the Ivy Falls west lots located north of this subdivision. He stated that the lot sizes meet or exceed the minimum R-1 zoning district lot size requirement. He further stated that there are difficult grades at this site and that 19 lots are needed to cover the costs 2 of the project. Mr. McGinley explained that the proposed subdivision fits in well with the adjoining areas. He explained that the average lot sizes to the east of this proposed subdivision are 13,163 square feet and the lots to the south are 14,874. He explained that the average lot size in the Cherry Hills Addition is 15,087. McGinley explained that many of the residents have expressed that they do not like the entrance monument proposal. He stated that Mr. Heaver has decided not to construct the entrance monuments. He explained that with this change, a monument and sign setback variance has been eliminated. McGinley explained that they have reconsidered removing some trees. Specifically, in the north central area near Ms. Logan's home, the Ash tree will no longer be affected. He stated that the only significant tree to be removed in this area will be the Maple. He explained that the swale around the Whitney property can be redesigned to save the Birch tree. He explained that there has been some discussion to narrow Ivy Lane and create a curve to save a 32 inch Maple tree. He stated that City staff needs to review this concept to determine if it meets minimum street design. McGinley explained that with the original tree loss count, 19 percent of the trees would be removed. He explained that with the revised tree removal concept, only 17 percent will be lost. McGinley stated the City's draft Tree Ordinance requires tree replacement if 30 percent, ore more, of the significant trees are removed. McGinley stated a 2 1/2" tree would be added to each front yard on Knollwood Lane, Mr. McGinley stated that area residents have expressed concern about street circulation. He stated that the developer has considered several alternatives in street circulation. He stated that constructing two cul-de-sacs was considered and that it was determined that the grade was too severe to accommodate this idea. He explained that a through street was considered and that it would be a workable alternative with the lots and grades. He explained that this would give more access to residents in the T.T. Smith Subdivision to Highway 13. He stated that with more access comes more traffic and that this alternative would not be appealing to the area residents. In response to a question from Chair Dwyer, Planner Uban calculated approximately 160 trips, per day, from the proposed subdivision based on a standard of 7-10 trips per day per single family home. Mr. Jeff Shopek, Civil Engineer with Loucks and Associates, was present to 3 address drainage. Mr. Shopek explained existing drainage patterns. He explained that there is a crest on the Logan property and that 10.04 acres drain through Ivy Lane to Cherry Hill (3.2 acres of which drain north of Ivy Lane and 7.2 acres of which drain south of Ivy Lane). He stated that their intent is to try and minimize the water that ends up at Ivy Lane. Mr. Shopek explained that the area at the top of the hill (walkout lots) will drain to the north into the Knollwood Lane storm sewer. He explained that a storm sewer pipe will be added to the low area behind Cherry Hills to the Knollwood Lane storm sewer. He stated that the end result will be that 7.2 acres of drainage from south of Ivy Lane will be reduced to 1.45 acres. He explained that a berm will be constructed at the back of the property line that will help direct the storm water to Ivy Lane and not into the backyards. He explained that 3.2 acres of surface drainage from north of Ivy Lane will be reduced to 1.2 acres. He explained that the surface area runoff in the southern area will be reduced by 66 percent and the surface area runoff in the northern area will be reduced 45 percent, because it will be captured in the new storm sewer. Mr. Shopek stated that there will be new impervious surface in the proposed subdivision with roofs and driveways. Mr. Shopek stated their will be a net reduction in storm water that reaches Cherry Hills because the proposed storm sewer system will capture a majority of the runoff. Mr. Shopek explained how the proposed retaining wall be constructed using today's standards, such as, fabrics, tiebacks, sand, mesh. He stated that the wall be designed by an engineer using established standards so that it will be stable and maintained. Chair Dwyer inquired if Mr. Shopek is representing to the Commission and audience that the surface water will be less than what is existing. Shopek responded yes and that the water will be captured into the storm sewer. He stated that the area and runoff will be reduced. Chair Dwyer inquired if the developer will be providing a benefit to the Cherry Hills people. Mr. Shopek responded yes. Chair Dwyer inquired about the type of retaining wall and who will be maintaining it. Mr. McGinley responded that the upper wall be maintained by Billie Logan except the easterly portion on Lot 7. He stated that the lower wall will be located on Lots 4 and 5 and that ownership of the walls will be laterally divided. Mr. McGinley stated that there will be no grading within ten to fifteen 4 feet of the south drip line of the row of pine trees. He further stated that the retaining walls be no higher than four feet He indicated that Mr. Heaver's intention is to construct boulder retaining walls and that they will be hand placed and designed as per engineering standards. Mr. McGinley explained that a bituminous trail connection will be constructed on the south ten feet of Lot 11 and that an easement will be provided. He stated the trail will be constructed to protect the pine tree. Chair Dwyer stated that the lots on Clement Street will require a variance because of the trail connection. Commissioner Tilsen inquired if all of the water will be directed through an eighteen inch storm sewer pipe. He inquired if the capacity is capable of handling the water. Mr. Shopek responded yes. Public Works Director Danielson stated that field checks have not been completed. He stated that the system has been designed to accommodate the capacity. Commissioner Tilsen inquired about construction traffic. Mr. Shopek explained that rock will be placed 50 feet of the existing blacktop and that the utility equipment will remain on the site. Tilsen suggested that two construction entrances be considered. Shopek explained that silt fencing will be used to help control erosion. Commissioner Tilsen inquired about the drainage calculation. Mr. Shopek explained the standard engineering calculation. Tilsen responded that it is a conservative standard and that Mendota Heights homes are larger and that calculations may be skewed. Mr. Shopek stated that they used the appropriate standards. Tilsen agreed that storm water will be less if constructed as calculated. Shopek explained that water runoff is increasing but that it is being captured properly. He further stated that the sizing and gravity flow in the piping is adequate. Commissioner Tilsen stated that he has received letters from residents and that he appreciates the input. Commissioner Duggan stated that his personal preference is based on the character of the surrounding neighborhoods. He stated that he would prefer to see the subdivision reduced to 14 or 15 lots. He stated that he had suggested reducing Lots 9, 10 and 11 to 2 lots. He stated that this subdivision will change the character of the neighborhood. Duggan stated that he walked the site to view the existing trees. He stated that there is boxelder and scrubs trees that could remain on the site. 5 Duggan stated that he agrees with the Parks and Recreation Commission's recommendation for a trail. Duggan reiterated that if the three lots on Clement were reduced to two lots, then a variance would be negated. Commissioner Lorberbaum stated that she would like to see the subdivision reduced to 14 or 15 lots. She noted her concern for drainage. She also stated that she agrees with Mr. Heaver in removing the monument design from the proposal. Commissioner Friel stated that he is concerned about 19 new lots with the present day homes and character of the neighborhood. He stated that this area would be better served with 14 or 15 lots. He further noted his concern for drainage. Friel stated that there is justification for lot width variances due to the Parks and Recreation Commission recommendation to include a bituminous trailway. Friel stated that he too had received numerous phone calls and correspondence from area residents and that he appreciates their input. Commissioner Koll noted her concern in comparing lot sizes to the surrounding area homes. She briefly compared the Brookside Lane development to the proposed Heaver development. She stated that the average lot size in the Brookside Lane neighborhood is 18,000 square feet. She stated that with the type of large homes Mr. Heaver constructs, it is necessary to have a larger residential lot. She further stated that some of the lots on Knollwood Lane are 23,000 square feet. Commissioner Koll stated that with 17 lots on this site, the average lot size would be 18,576 square feet, with 16 lots, the average lot size would be 19,700 and with 15 lots, the average lot size would be 21,000 square feet. She stated that a 17 lot subdivision is more appropriate than 19 lots. Koll further stated that the lots and homes in the Cherry Hills Addition are smaller in comparison. Mr. Heaver stated that some of the homes on Brookside Lane appear larger than they actually are. He stated that some of the homes are 1,750 square feet and 1,800 square feet. He stated that the homes constructed in Park Place are two stories and look very big and imposing. He stated that homes can be designed to look less imposing. Chair Dwyer stated there seemed to 6 1 be an assumption these homes would be large and he asked the developer for clarification. Mr. Heaver stated that he will construct custom homes. He stated that he can do the best job he can in designing a home that is appropriate for the lot size. Heaver stated that it would take approximately 4-5 years to fully develop the subdivision. He stated that if the lots sell quickly, he will have to deal with the capacity. He further stated that additional landscaping will be added as the customer builds the home. He also stated that they are considering covenants to control view restrictions, sizes, materials, heights in addition to the City's zoning requirements. Planner Uban stated that the City ordinance restricts the height of a R-1 building to 25 feet as measured in the front yard to mean height or average height of gabled roof. Commissioner Friel stated that Mr. Heaver will respond to his clients desires for a specific home type. He stated with that in mind, Mr. Heaver's judgment may not fit with the character of the neighborhood. Mr. Heaver stated that is possible, but that he really strives to do a good job in constructing a respectable home. Chair Dwyer opened the meeting to the public. A resident from the Cherry Hills neighborhood inquired about the size of the subdivision and how Mr. Heaver expects to control the subdivision during the five year construction process. Mr. Heaver responded the site is 10 acres and that they intend to seed the lots after grading. This resident also inquired about assessment costs. Public Works Director Danielson explained the petition for public improvements process and that the new lots created will be assessed. Chair Dwyer inquired if any existing lots will be assessed for road and sewer improvements. Danielson responded no. John Bland, 1431 Cherry Hills Road, stated that Cherry Hills Road is in poor shape and that construction traffic will make it worse. He inquired about assessment costs when the road needs to be repaired. Public Works Director Danielson responded that there is always a concern about construction traffic causing damage to existing streets. Mr. Bland stated that the developer should be included in the Cherry Hills Road assessment process. Mr. Bland further stated that with the size of homes in Park Place, the homes are selling constantly and that it is creating a transient problem. He explained that people realize that they have "bit off more than they can chew" and that they have to sell. He further stated the character of the neighborhood will change. He inquired if there will be spec homes. Mr. 7 Heaver responded that he intends to construct one model home to display his work. Les Novak, 1383 Knollwood Lane, commented about the storm sewer. He stated that he senses a lack of confidence that the system will be capable of handling the drainage. He stated that he feels there will be more water than what has been presented. He stated that the Planning Commission should look at this more carefully. He further stated that he would like to see the subdivision reduced to 14 or 15 lots. He inquired about he price range of the lots and homes. Mr. Heaver stated that approximately, the lots will range between $75,000 - $90,000. He stated the homes will be between $300,000 - $500,000. The square footage: rambler - 2,200 to 2,700 and two story 2,400 to 3,200. Mr. Novak stated that with the Ivy Lane extension, it is fair to distribute traffic flow throughout the neighborhood. Mr. Shopek again explained the calculations in determining runoff and that the system designed will be capable of capturing the water. Preston Smith, Cherry Hills, stated that 19 lots are too much. He further stated that Cherry Hills Road is not a typical City street. He noted his concern in changing the character of the neighborhood. He stated he is concerned about large homes on small lots. Don Whitney, Cherry Hills, stated that he had spoken with Public Works Director Danielson recently and that Mr. Danielson has acknowledged this area has poor drainage. He further stated that in speaking with long time area residents, when Cherry Hills Addition was constructed, there was a major disruption in the water table. Mr. Shopek explained the process of installing utilities. He stated that when trenches are dug, water will follow the trenches. He stated the impervious surface allows less infiltration and that it runs off into the storm sewer system. He stated that the water table may actually drop a little bit. He stated that with the construction of this development, the water will not physically push upward. He stated that the problem will not get any worse than it already is. Mr. Whitney inquired about water in basements. Public Works Director Danielson stated that subsurface water is difficult to figure out. He further stated that he agrees with Mr. Shopek's explanation. Commissioner Duggan offered an explanation relating to subsurface water in basements. He stated that grading and good landscaping helps prevent water in basements. He 8 further stated that soil content is important to consider. He further stated that if the proposed swale works correctly, then Mr. Whitney might be better off. Mr. Heaver stated that he does not want to create more problems. He stated that the engineering design can be coordinated with property owners to make sure the water drains correctly. In response to a question from Mr. Whitney, Mr. Shopek explained that catch basins will be brought down Ivy Lane as far as possible to help direct water to the storm sewer. Public Works Director Danielson explained that Cherry Hills Addition is scheduled to be reconstructed in about two years and that at that time, the water problem will be reviewed. Mr. Shopek stated that ultimately, the water amounts will be less than the existing water currently coming out of Ivy Lane. Mr. Whitney noted his concern for density and curb appeal. He also noted concern for additional traffic and that there are a lot of young children in the area. He suggested that the developer consider a development with two cul- de-sacs. Mr. Shopek stated that two cul-de-sacs are not feasible as the developer needs to develop lots with appropriate setback requirements and this site is too narrow for two cul-de-sacs. He stated that cul-de-sacs create a lot of asphalt. Mr. Whitney inquired if the City would allow the streets to be narrower. Chair Dwyer informed Mr. Whitney of the City's concern for emergency apparatus turning radius requirements. Chair Dwyer called a recess at 9:14 o'clock P.M. Chair Dwyer reconvened the meeting at 9:25 o'clock P.M. Tom Krause, 1440 Cherry Hill Road, stated he lives at the bottom of the hill and that he is concerned about water problems. He inquired if soil testing has been completed. Chair Dwyer stated that soil descriptions have been submitted. Mr. Krause inquired about the height of the berm on Lots 16, 17 and 18. Mr. Shopek stated that the berm will run along the back property line and that it will avoid a birch tree. He stated that it will be two feet to four feet high. Mr. Shopek further explained how the catch basin would work. Mr. Krause inquired why a two cul-de-sac proposal was not considered. Mr. Shopek repeated the logistics of the grades and lot configuration. Mr. Krause stated that he would prefer to see 14 or 15 lots. He stated that the size of the house should be commensurate with the size of the lot. Mr. John Tuohy, Park Place, stated that he owns the lot to the north of Mr. 9 Heaver's proposed development. He noted his concern for his row of 15-20 Colorado Blue Spruce trees. He also stated that variances should not be granted to the lots on Clement Street. He stated that there should be one less lot to the south and one less lot to the north. Mr. McGinley stated that the row of retaining walls will not impact Mr. Tuohy's row of spruce trees. He explained that the top of the retaining wall will be 10-15 feet south of the tree drip lines. Mr. Tuohy stated that he does not want to see big houses on small lots. Mr. Tuohy inquired about the yards of fill which will be removed or brought in. Mr. Shopek stated that their intention is to keep the dirt on site. He stated that there should be no massive imports or exports of dirt leaving the site. Stan Linnell, Cherry Hills Road, thanked Mr. Heaver for the proposed trail connection. He submitted a signed petition from area residents requesting the trail connection. Mr. Linnell stated that the City does not have a legal basis in requiring the developer to reduce the number of lots in this development. He stated the City does have an option of requesting a ten percent land dedication. He also suggested that a cul-de-sac be constructed off of Clement Street with Ivy Lane connecting to Knollwood Lane. Mr. Linnell noted his concern for construction traffic. He stated that the speed of traffic can be addressed by constructing a physical dip in the road as a preventative action. He stated that he is in favor of keeping the road narrow, if permissible. He stated that he would like to see the styles of home consistent and that he prefers that the home styles blend in with the Cherry Hills homes which are colonial. A resident, 1408 Knollwood Lane, stated that he would like to see the cul-de- sac remain as is. Public Works Director Danielson stated that this road was always planned to serve this property. Commissioner Koll informed the Commission of a resident's concern regarding poor road conditions on Knollwood Lane. Koll stated that this resident has inquired if the developer can be assessed for repairing Knollwood. Public Works Director Danielson responded no. Chair Dwyer acknowledged receipt of a letter from Marian E. Bailey, 787 Lower Colonial Drive. Billie Logan's son-in-law Joe, informed the Commission that he is interested in purchasing Lot 17 and that he shares the same concerns for proper drainage and property value. He informed that Commission that there may be an 10 architectural control committee formed through the restrictive covenants. He stated that Billie Logan has owned this property for 15 to 20 years and has paid money in taxes. He stated that it is now time for her to recoup her money. David Heutmaker, 700 Second Avenue, noted his concern regarding drainage from Clement Street to the Hughes property. Mr. Shopek explained the storm sewer on Clement Street. He stated that they have been speaking with the City's engineer regarding how to manage the water, either using existing ditches or City storm sewer. Commissioner Tilsen moved to close the public hearing. Commissioner Duggan seconded the motion. AYES: 6 NAYS: 0 Commissioner Friel explained that the Planning Commission has limited authority as dictated by the City's ordinance requirements which specify standards for lot size, width and frontage. He explained that the Commission can recommend conditions in general character only. He explained that this is not a Conditional Use process and that the Commission can not impose conditions. Commissioner Friel stated that this request meets the minimum requirements except for two lots where variances are necessary. He explained that the justification for hardship in this variance request is that the City's Parks and Recreation Commission has recommended that the developer provide a trail connection in this area. Commissioner Friel explained that the only basis for smaller number of lots is if the City Council determines appropriate park dedication. Commissioner Friel stated that the concerns of the City's Planning Consultant have been meet by the developer. Commissioner Friel moved to recommend that the City Council approve the preliminary plat and lot width variance of 4.9 feet for Lot 9, Block 1, and 4.36 feet for Lot 10, Block 1. Commissioner Lorberbaum seconded the motion. Commissioner Duggan inquired if Mr. Heaver is willing to reduce the number of lots. Mr. Heaver stated that that is not a possibility. Commissioner Duggan 11 stated that he would still like to see Lots 9, 10 and 11 reduced to two lots. Commissioner Duggan inquired if Mr. Heaver will alter the character of the land. Mr. Heaver responded yes, it will be changed. Duggan stated, that relative to the character of the neighborhood, would Mr. Heaver eliminate one or two lots. Chair Dwyer stated that the character of the neighborhood is not a requirement within the Subdivision Ordinance. He stated that one new house is a character change in any neighborhood. Commissioner Tilsen stated there is still an issue of construction traffic. He stated the City should give a preference as to the direction of traffic and how the traffic will be forced to slow down. He stated that a dip in the road is a good idea to help slow traffic down. He further stated that City should condition the approval based on covenants submittal. Chair Dwyer stated that this is not a conditional use process and that conditions cannot be placed on this proposal. Commissioner Friel stated that the Commission can make suggestions to the City Council. Commissioners Tilsen and Duggan offered the following suggestions to the City Council: 1. That an earthwork grading balance be required and that this balance also include the earthwork related to home construction. 2. That Best Management Practices be followed for erosion control during construction. 3. That considerations be made for selecting a construction traffic entrance. 4. That all appropriate utility, engineering and trail easements designs be required. 5. That additional screening be added for those lots in Cherry Hill that abut Ivy Lane. 6. That Lot 10, Block 1, be designed so as to not be impacted by traffic lights on Second Avenue. 7. That preservation of the boxelders along the south property line be considered, to that extent possible. VOTE ON MOTION AYES: 5 NAYS: 1, DUGGAN HEARING: CASE NO. 95-04: ST. THOMAS ACADEMY - CONDITIONAL USE PERMIT AND VARIANCE 12 FOR ACCESSORY STRUCTURE OF A BASEBALL DUGOUT Mr. Jack Zahr, St. Thomas Academy Athletic Director, was present to discuss a request for a Conditional Use Permit to build two baseball dugouts. Mr. Zahr also introduced Steve DeLoux, Assistant Baseball coach and Dick Spicer, Baseball coach. Mr. Zahr presented an aerial view of St. Thomas Academy site and indicated that the dugouts would be located along the property line. He stated that he has contacted representatives from Patterson Dental. He informed the Commission that a representative from Patterson is present at tonight's meeting. In response to a question from Chair Dwyer, Administrative Assistant Batchelder explained that St. Thomas had originally requested a Conditional Use Permit and that as plans were submitted to staff, it was determined that a variance was also necessary. Chair Dwyer inquired about hardship. Mr. Zahr responded that if a variance is not approved, the required setbacks would place the dugouts in the baseball field. Commissioner Friel informed the Commission that his employer, Briggs and Morgan represents Patterson Dental. An inquiry was made about the nature of Patterson Dental's issue with St. Thomas. After a brief response from Patterson's lawyer, it did not appear to Mr. Friel that the issue would affect his participation in the consideration of the St. Thomas application. Commissioner Tilsen inquired about the fence. He stated that the fence appears to be on Patterson Dental's property. Mr. Zahr responded that St. Thomas° fence encroaches on Patterson Dental's property. He stated that this fence has been there for a number of years and that he was just made aware of the encroachment. Mr. Spicer stated that the fence has been there for eight years. Mr. Spicer stated that St. Thomas Academy is not making a claim to the property line and that the fence is not an issue. He stated that the issue with Patterson Dental is with the foul balls into their parking lot. He stated that they are working on a compromise agreement. Commissioner Friel inquired if the ballfield could be reconfigured. Mr. Spicer responded no, because the stadium and track are already in place. Commissioner Friel stated that St. Thomas Academy has imposed their own conditions. Mr. Spicer responded that these improvements have not been 13 planned or funded by St. Thomas Academy, it has all been done through donations from parents. He stated that the dugouts are being funded by a parent whose son is a senior and on the baseball team. He further stated that the dugouts will be constructed on an existing foundation concrete pad where the benches are located. Commissioner Tilsen stated that a variance is necessary so that the dugouts can be placed on the property line near a fence which has been constructed on Patterson Dental's property. He stated that that fence will probably require netting or an extension. He inquired with St. Thomas about their entire scope of ideas. Mr. Zahr responded that Patterson has not asked that the fence be removed. He stated that the net for foul balls will be located on their property. Chair Dwyer opened the meeting to the public. Mr. Matthew Levitt, general counsel representing Patterson Dental, stated that Patterson Dental purchased the property from IOS. He stated that there have been problems with foul balls hitting parked cars. He stated that one car has been damaged. He stated that Patterson Dental does not want to cause a problem. He stated that St. Thomas could extend their netting. Commissioner Lorberbaum stated that a hardship cannot be created by a property owner. She stated that safety issues are a factor. Mr. Spicer stated that there are existing benches on the concrete slabs and that dugouts would create a safer environment. He stated they would be preformed concrete like the press box and that it can be screened. In response to a question from Chair Dwyer, Mr. Spicer stated the dugout will contain a top shelf for helmets, lock box and bench. He submitted picture examples. He further stated that Mendota Heights Athletic Association will be using this diamond and dugouts. He stated that there is electricity and water on site but that it will not be used for the dugout. Mr. Spicer stated that most games will be played at night except in April and May Commissioner Friel stated that there are already a number of accessory structures on this site He stated that the number of structures far exceeds that allowed by Ordinance. Planner Uban stated that he reviewed the proposal as part of the overall Conditional Use Permit of the athletic facilities which are part of a campus. Commissioner Friel stated there is no hardship. Chair Dwyer stated that he is inclined to request a site plan with all appropriate 14 details. He stated the Commission cannot make a recommendation to the City Council without proper site plan illustrations. Commissioner Friel moved to table the request until May. Chair Dwyer seconded the motion. Mr. Spicer stated that if the Commission tables the request, then the opportunity to get the dugouts will be lost and that the City will deprive kids the use of a donated facility. He stated there is a real opportunity to provide play on quality fields. He stated that he cannot conceive that the ordinance requirements for R-1 districts specifically applies towards athletic stadiums. Commissioner Friel responded that St. Thomas Academy chose to pursue the athletic stadium construction under the accessory structure requirements of the ordinance. He further stated that the City is not trying to deny people the use of the facility. He stated that there are several issues in conflict with the ordinance. Chair Dwyer stated that the onus is on the applicant to provide proper materials for proper application review. Commissioner Friel withdrew his motion to table the hearing until May. Commissioner Friel moved to close the public hearing. Commissioner Tilsen seconded the motion. AYES: 6 NAYS: 0 Commissioner Friel moved to recommend that the City Council deny the request for Conditional Use Permit and Variances on the grounds of inadequate data and no hardship and that the structures exceed the accessory structure ordinance requirements. Commissioner Tilsen seconded the motion. AYES: 6 NAYS: 0 HEARING: CASE NO. 95-02: CITY OF MENDOTA HEIGHTS - TREE PRESERVATION DISTRICT ORDINANCE The Planning Commission was of the consensus to continue this public hearing to May 23, 1995 at 8:15 o'clock P.M. 15 HEARING: CASE NO. 95-05: THARALDSON ENTERPRISES - CONDITIONAL USE PERMIT FOR RESTAURANT IN AN INDUSTRIAL ZONE Mr. Keith Gartland, Heritage Inn Manager, located at 1330 Northland Drive, was present to discuss a recent request for a Conditional Use Permit which would allow a full service restaurant and dining room with seating capacity for 75 people. Chair Dwyer inquired why there is a full service restaurant/kitchen included within the Heritage Inn. He stated that the original plan only included a continental breakfast room. Mr. Gartland stated that the original intent was to have a continental breakfast area. He stated that a full service restaurant was constructed and they have a restaurant license from the State of Minnesota. Mr. Gartland stated that they are serving Northwest pilots now and that they want to provide similar services as the Courtyard, who is open to the public. Mr. Gartland stated that the Courtyard is no longer open for lunch, only breakfast Chair Dwyer inquired if it will be profitable to have a full service restaurant open. Commissioner Duggan noted that the first Tharaldson proposal died and that their second proposal was to be a private hotel to serve Northwest pilots and that this proposal included a continental breakfast facility. Mr. David Toye, Bon Appetite, stated that the hotel was constructed for use by Northwest pilots. He stated that by opening the restaurant to the public probably will not be profitable. He stated to serve a few more guests makes it easier for service to provide menu to guests and pilots. Mr. Toye stated that the restaurant has been inspected by state health officials and the City fire marshal. In response to questions from Commissioner Duggan, Mr. Toye stated that his company is a contractor in providing food services to businesses. He stated that in many cases, corporations subsidize the food service. He stated that the restaurant will not be profitable and that they have built these rates into room charges. Chair Dwyer stated that the building was set up for 121 parking stalls and that 73 were constructed under a proof of parking agreement. He stated that 146 16 parking stalls are needed for the motel/restaurant operation. He inquired about proof of parking plan. Mr. Gartland stated that Northwest pilots are bused in using shuttle vans. He stated that they are not expecting a great number of people because there will be no advertising. Commissioner Friel inquired if we can establish 146 proof of parking spaces. Planner Uban explained that if both the restaurant and hotel go public, parking will be needed. He stated that the City needs further information. Mr. Gartland stated that Northwest has a contract for 10 years. Chair Dwyer stated that additional information is needed and that the applicant should come back in May. He inquired about liquor license information. Mr. Gartland stated that has been considered and that Northwest has indicated that they will impose strict conditions. Commissioner Tilsen moved to continue the public hearing to May 23, 1995 at 8:00 o'clock P.M. Commissioner Duggan seconded the motion. AYES: 6 NAYS: 0 Commissioner Duggan stated that Mr. Gartland needs to determine the ability to have proof of parking and when parking will be made available. Mr. Gartland stated that the corporate office will need to determine if constructing additional parking is worthwhile. ADJOURNMENT There being no further business, the Planning Commission moved to adjourn its meeting at 11:16 o'clock P.M. Respectfully submitted, Kimberlee K. Blaeser Senior Secretary 17