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1995-09-26 Planning Comm Minutes12INWAwanaw- - -0 I 01 -Al M911 F -11101911i 0 1 M kyj I 10 10 Pgiej F -All PLANNING COMMISSION MINUTES SEPTEMBER 26, 1995 The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, September 26,1 995, 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: Dwyer, Koll, Friel, Betlej, Lorberbaum, Duggan and Tilsen. Also present were Public Works Director Jim Danielson, Planning Consultant John Uban, Administrative Assistant Kevin Batchelder and Senior Secretary Kim Blaeser. Commissioner Lorberbaum moved approval of the August 22, 1995 minutes with corrections. Commissioner Duggan seconded the motion. AYES: 6 NAYS: 0 ABSTAIN: TILSEN, BETLEJ CONTINUED HE. - r . RO. 95-20: MENDOTA HOMES, INC. Administrative Assistant Batchelder explained that City staff had met with Mr. John Mathern, of Mendota Homes, in early September to discuss a revised site plan. He explained that Mr. Mathern indicated that he would make application in time for the October Planning Commission meeting. The Planning Commission briefly discussed Mr. Mathern's current application and how the new State Statute requiring City's to approve or deny any application within 60 days may affect Mr. Mathern's request for continuance. Commissioner Duggan moved to continue the public hearing to October 24, 1995. I Commissioner Friel seconded the motion. The Commission discussed formally closing the hearing as Mr. Mathern has indicated that he will make new application in October. The Commission noted that with the new application, published and mailed notice will be sent. Commissioner Duggan withdrew his motion. Commissioner Betlej moved to close the public hearing and deemed Mendota Homes' application for Comprehensive Plan Amendment, Rezoning and Subdivision an incomplete application. Commissioner Friel seconded the motion. CASE NO. 95-27: MELZAREK- FENCE HEIGHTS VARIANCE IN FRONT YARD Ms. Mary Melzarek, of 717 Navajo Lane, was present to discuss her request for a fence height variance in the front yard which would allow the construction of a 48" high fence within the required 30 foot setback of the front yard. Ms. Melzarek explained that the proposed fence will be black chain link. She stated that she is replacing the existing 36 inch high split rail fence with a 48 inch high fence primarily to restrain a large dog. Ms. Melzarek explained that she is proposing to replace the existing fence in the same location (which is approximately 4 feet) inside the City's right-of-way. She stated she is proposing to continue the fence in the City right-of-way in order to avoid removing a number of larges trees in this area. She also stated that without the variance, approximately one third of the backyard will be eliminated. Commissioner Friel stated that under the present Ordinance, there is a strict requirement for proof of undue hardship or practical difficulty in order to grant a variance. Friel stated that many variances have been granted despite lack of hardship. He stated that many of these variances have little or no impact on the essential character of the neighborhood and are reasonable requests. Friel suggested that the Council should consider K amending the zoning ordinance to allow variances without hardships or practical difficulty where there is consent given by all affected property owners. The Commission discussed the proposed placement of the fence within public right-of-way. Ms. Melzarek stated the existing fence has not been damaged by snow plowing nor has it been damaged during the Friendly Hills Street Reconstruction process. Chair Dwyer stated that signatures of consent have been received. Chair Dwyer moved to waive the public hearing. Commissioner Friel seconded the motion. AYES: 7 NAYS: 0 Commissioner Duggan moved to recommend that the City Council grant a height variance of one foot to allow the proposed fence to be constructed with the condition that if the portion of the fence in the public right-of-way is damaged by the City or its independent contractors the applicant waives all rights to any claims. Commissioner Lorberbaum seconded the motion. AYES: 6 NAYS: 0 ABSTAIN: 1, FRIEL HEARING: CASE NO. 95-25: MCMAHON- SIDE YARD SETBACK VARIANCE AND iVElUH&kXNT-.41 FRINT TAU, &L"ir U, VARIANCE Ms. Marjorie McMahon, of 666 North Freeway Road, and Mr. Mike Russell, of Sussel, were present to discuss a request for a two foot side yard setback variance and a neighborhood front yard setback variance which would allow the construction of a new garage which would be attached to the existing home by a breezeway. Mrs. McMahon stated that they have lived in their home for 19 years. She explained that the home is placed diagonally on the property and to match 3 architecturally, they are proposing to place the garage at the same angle as the home. She explained that by doing this, the northern corner of the garage will extend beyond the front yard of the adjacent home. She further explained that a breezeway is proposed between the home and the garage to absorb the change in grade. Ms. McMahon stated that their home is the only home on the block that has a detached garage. She stated that the garage addition will be aesthetically pleasing and that it will also be nice to have electricity in the garage. She stated the existing detached garage does not have electricity and that it will be nice to have the luxury of a garage door opener. In response to a question from Chair Dwyer, Mr. Russell stated that the existing garage will be demolished and that a new foundation base will be poured. He stated that work could begin in about two weeks and that it will take approximately six weeks to complete. Commissioner Tilsen suggested that another window be placed on the west side of the garage to give the garage more of a "home" appearance. Mrs. McMahon agreed. Commissioner Tilsen inquired if the breezeway could be made smaller. Mr. Russell stated that the breezeway is proposed to be 10 x 12, which is a standard breezeway size. In response to a question from Commission Tilsen regarding drainage, Mr. Russell explained that they will be adding a drainage system under the breezeway. He stated that this system will be placed under the slab and it will flow directly to the back yard. He stated the McMahon's have a gutter system. He stated that with this addition, the drainage problem will be corrected. Commissioner Duggan inquired if the McMahon's considered attaching the garage to the house without the breezeway. Mrs. McMahon stated, yes and that they decided not to because it would eliminate several windows. She further stated that the drainage problem needed to be corrected and that by constructing the breezeway, it will be corrected. In response to a question from Commissioner Duggan, Mrs. McMahon stated that the driveway will remain. Commissioner Lorberbaum inquired about additional landscaping and if there will be a change in the impervious surface area. Commissioner Lorberbaum 11! noted, that there will be a small triangular piece left once the addition is completed. Mrs. McMahon stated that they have no additional landscaping planned. She stated that additional shrubs can be installed. She stated that four big poplars have just been planted. Mr. Russell stated that the triangular piece could be removed. Commissioner Betlej also inquired about impervious surface and he suggested that the windows match the existing window system of the house, maybe awning type. Commissioner Koll stated that additional landscaping is not necessary and that the poplars provide enough screening. She stated that this will be an improvement to the neighborhood. She suggested that in time, the triangular piece of concrete can be removed. Commissioner Tilsen suggested that the McMahon's consider a gable roof system. He stated that this might be more aesthetically pleasing and could provide better drainage. Chair Dwyer opened the meeting to the public. There was no one present to discuss this matter. Commissioner Duggan suggested that the McMahon's consider preparing a contour plan for City Council review. Commissioner Duggan moved to close the public hearing. Commissioner Tilsen seconded the motion. AYES: 7 NAYS: 0 Commissioner Koll moved to recommend that the City Council grant a side yard setback variance to two feet and a neighborhood front yard setback variance of twelve feet to allow the construction of the proposed garage and breezeway with the condition that there be two windows on the west side of the garage wall. Chair Dwyer seconded the motion. AYES: 6 NAYS: 0 ABSTAIN: 1, FRIEL 5 HEARING: CASE NO. 95-26: CONWAY- VARIANCE REAR YARD SETBACK Mr. and Mrs. John Conway, of 2288 Apache Street, were present to discuss their request for a 3.58 foot rear yard setback variance which would allow the construction of a three season porch addition. Mr. Conway explained that they had purchased their home one year ago. He explained that they desire to construct a 14' x 14' three season porch to the rear of their home. He explained that their hardship is that their home is centered on an undersized lot with 30 foot front yard setbacks along Apache Lane and Pontiac Place. Mr. Conway explained that they have received seven out of ten signatures of consent. He stated that he believes the addition will compliment the neighborhood. He stated that the addition will match the existing house materials. Conway stated that he respects his neighbor's privacy and that there is already a fair amount of screening in place. Mrs. Conway informed the Commission that at their previous home, they constructed a 10' x 14' three season porch and found that that was too small. Mr. Conway stated that they considered an alternative plan which was to construct that porch addition onto the garage but that that would interfere with their garage space. Commissioner Tilsen stated that the variance request seems relatively minor. Tilsen stated he feels a thirty foot rear yard is a minimum, especially in Friendly Hills where the average lots are smaller. He stated that the Ordinance is clear in requiring an applicant to present hardship. Tilsen stated he understands that a 10 foot wide addition is not nearly as useful as a 12 foot or 14 foot addition. Commissioner Duggan stated a 3.58 foot setback variance is not significant. He stated that similar variances in the neighborhood have been granted as reported in the Planner's Report. He stated that the addition will not create a sight line problem with the Greenberg's as the Greenberg's garage will face the proposed addition. Commissioner Lorberbaum stated that the addition would be an improvement to the neighborhood. She stated that she understands the Greenberg's concern for privacy and that she does not agree that not having a three season porch is a hardship. 0 Commissioner Betlej stated that the applicants have researched alternative plans and have indicated that the alternative plans may cause more of an impact than the actual variance request. Betlej stated that the Greenberg' will be unable to see the addition from within their house since the addition will be adjacent to the Greenberg's garage. He stated that additional plantings may be helpful in screening the Greenberg's view from within their backyard. He stated that he does not believe that the Conway's addition will impact the value of Mr. Greenberg's property value. Commissioner Friel stated that the Ordinance is clear in its requirement for an applicant to present hardship and practical difficulty. He stated that this property can be put to good use without a request for a variance. Commissioner Koll stated that variances within Friendly Hills have been approved in the past and that precedence has been established. She inquired about additional landscaping and drainage concerns. Mr. Conway stated that he is open to any landscaping suggestions and that there will be no change in grade. Planner Uban stated that the drainage flows to the side of Mr. Conway's yard. Commissioner Koll stated that landscaping could be installed along the Greenberg and Conway boundary lot line. Chair Dwyer opened the meeting to the public. Mr. Lionel Greenberg, of 756 Pontiac Place, was present to discuss his concerns for diminished property value and drainage concerns. Mr. Greenberg stated that the Conway's drainage enters his backyard and that with the new addition will create a drainage problem. He stated that he does not want to lose his privacy and that a 3.58 variance will cause him to lose privacy. He stated that he has consulted with a real estate professional and that he had been informed that he will lose prospective purchasers if the variance is granted. He informed the Commission that he is requiring the Conway's to enter into a private agreement regarding the variance. Chair Dwyer informed Mr. Greenberg that the Commission is not required to enforce private agreements between neighbors. Commissioner Tilsen informed Mr. Greenberg that the Conway's could construct a detached gazebo without City Council approval. Tilsen inquired if Mr. Greenberg would be interested in agreeing to the variance request if the Commission conditioned the request upon not allowing additional accessory structures to be constructed on the property. Greenberg stated that he would like to see the variance denied and that if a gazebo may be constructed in compliance with the ordinance, then the Conway's would have a right to do so. 7 Chair Dwyer moved to close the public hearing. Commissioner Duggan seconded the motion. EMPR30 7 Commissioner Duggan moved to recommend that the City Council approve a rear yard setback variance of 3.58 feet, as requested on the proposed plans for a three season porch. Commissioner Koll seconded the motion. AYES: 6 NAYS: 1, FRIEL Commissioner Friel noted that a hardship was not presented, as per Ordinance requirements, and that there is evidence that diminished property value of another property in the neighborhood may occur. Commissioner Lorberbaum stated that practical difficulty has been proven to due to the undersized Friendly Hills lot. HEARING: CASE NO. 95-28: UNITED PROPERTIES - BUILDING AND PARKING LOT SETBACK VARIANCE AND PROOF -OF -PARKING AGREEMENT Mr. Dale Glowa, of United Properties, was present to discuss Big Wheel/Rossi Auto Stores' request for a setback variance of ten feet to the building and a five foot parking setback variance and a proof -of -parking agreement which would allow the expansion of the warehouse and distribution space at 2300 Pilot Knob Road. Mr. Glowa explained that Big Wheel/Rossi has grown extensively since 1979 and that they have expanded out of the Twin Cities area. He stated they need to increase their distribution facility. Glowa stated that the existing building contains approximately 71,000 square feet and was constructed in 1990. Glowa explained that this site will accommodate 54,000 square feet of warehouse expansion. Glowa explained that the proposed site plan attempts to maximize the amount of building area on the expansion land area available. He explained that the most effective and desirable floor plan, considering column spacing, rack layouts, aisle widths and dock door locations, creates a setback condition fronting Highways 55 and 13 of less than 40 feet in some locations, but not less than 30 feet. He stated their request is for a 30' building setback and a 15' paved area setback along the southeast property line. Glowa explained that the reason this condition exists is because MnDOT took excessive right-of-way for the construction of Highway 13 and 55. He stated that this left a very irregular parcel which Big Wheel purchased in 1990 for their development. He stated the right-of-way is very generous, 160 feet minimum to Highway 55 and 80 foot minimum to Highway 13. He noted that there is existing trees and plant growth in the right-of-way and that this provides complete screening to the proposed building from Highway 55 and the existing dock area from Highway 13. In response to a question from Commissioner Tilsen regarding the southeast wall, Glowa explained that distribution buildings need to be rectangular in shape, therefore the solution is not as simple as angling the corner conditions to fit the setback requirements. He stated that this would create inefficient interior space. Glowa explained that the site plan shows that due to the configuration of the expansion, the majority of the southeast wall more than complies with the required 40 foot setback. Commissioner Tilsen inquired about grading. Glowa stated that there will be minimal grading as the property is relatively flat. Glowa explained that the landscape plan is particularly sensitive to the setback areas and the truck dock area. He stated the tree materials in the right-of-way will be supplemented with new tree material to create a higher focus on the landscape materials from the highway site lines. Glowa stated that the required parking including the expansion is 154 spaces. He stated that 143 spaces currently exist, which significantly exceeds Big Wheel's parking needs (100 employees). He explained that eleven future parking spaces could be added if so needed, as shown on the site plan. He stated that for now, Big Wheel feels that the best plan is to keep the areas landscaped. Chair Dwyer opened the meeting to the public. There was no one present to discuss this request. 0 Chair Dwyer moved to close the public hearing. Commissioner Tilsen seconded the motion. WOLEM Commissioner Tilsen moved to recommend that the City Council approve a ten foot building setback variance, a five foot parking lot setback variance and a proof -of -parking agreement. Commissioner Duggan seconded the motion. w i 0 1 6 , I A 63 11101 LIJ V1 g•,'r ol10 F-010 The Planning Commission discussed proposed changes as submitted by Commissioner Friel (see attached proposed changes). The Commission discussed how indoor facilities could be affected with adoption of the stadium ordinance. The Commission was of the consensus to remove "indoor" from the definition of an athletic stadium. The Commission discussed the conditional use process and how this process allows the City to impose specific conditions. The Commission discussed including construction material guidelines with the ordinance. Commissioner Friel informed the Commission that he would include the proposed changes with the ordinance Attorney Hart submitted for Commission review in June. Chair Dwyer stated that the Commission will review the final version at their October meeting. REMINDER OF SEPM! WITH CITY COUNCIL TO DISCUSS HIGHWAY 55 CORRIDOR It was noted that Commissioners Duggan, Dwyer and Friel will not attend the September 28th Workshop. It was noted that the workshop is 10 scheduled to begin at 7:00 o'clock P.M. MISCELLANEOUS Commissioner Friel suggested that the City Council consider an ordinance that would specifically address future cellular tower requests within the City. The Commission concurred. Public Works Director Danielson updated the Planning Commission on City Council actions regarding recent planning cases. There being no further business, the Planning Commission moved to adjourn its meeting at 10:30 o'clock P.M. Respectfully submitted, Kimberlee K. Blaeser Senior Secretary 11 PROPOSED CHANGES TO THE ORDINANCE AMENDING ORDINANCE NO. 401 7.2(11) Athletic Stadium when used in conjunction with a secondary school located on the same and subject to the provisions of Section 21.6. 17.2.2 rmories, Convention Halls and Athletic Stadiums when used in, conjunction with a trade school, an institution of post secondary ' conjunction or a commercial enterprise and in the case of Athletic Stadiums subject to the provisions of Section 21.6. 19.2(14) Athletic Stadium when used in conjunction with a trade school, an institution of post secondary education or a commercial enterprise subject to the provisions of Section 21.6. 21.6 ATHLETIC STADIUM Definition: For purposes of this ordinance an Athletic Stadium is a facility, either outdoor orlR$aw, associated with a.secondary school, trade school, institution of post secondary education or commercial enterprise that is used for athletic competition, or training and has spectator seating and: a. Is lighted by artificial means; b. Uses a public announcement system to communicate to spectators; or C. Has a spectator seating capacity of 500 or more. 21.6(2) Lighting License Required. In order to ensure that lights have rho effect n adjacent areas inconsistent with,public healthwp fiqrpfa yearly lighting license is required �for each Athletic Stadium, including without limitation each Athletic Stadium in existence on the effective date hereof. Before such license is issued, the following standards must be demonstrated: 21.6(10) Other Conditions. The City reserves the right through its police powers to apply other conditions to the Conditional Use Permit including but not limited to number of security personnel and safety officers, seating capacity, number of events, hours of operation, and number of night events. Such conditions may be imposed at the time that a yearly license is renewed, or any change Jn a Conditional Use Permit is Tq�Lested. 298358.2