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1995-08-22 Planning Comm MinutesPLANNING COMMISSION MINUTES AUGUST 22, 1995 The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, August 22, 1995, in the City Hall Council Chambers, 1101 Victoria Curve. The meeting was called to order at 7:33 o'clock P.M. The following members were present: Dwyer, Koll, Friel, Lorberbaum and Duggan. Commissioners Betlej and Tilsen were excused. Also present were Public Works Director Jim Danielson, Planning Consultant John Uban, Administrative Assistant Kevin Batchelder and Senior Secretary Kim Blaeser. Commissioner Duggan moved approval of the July 25, 1995 minutes with corrections. Commissioner Lorberbaum seconded the motion. 10 FIVIV31111DIJ CONTINUED HEARING: CASE NO. 95-36: SALMEN- Y - n- TAW- kvWm As requested by Mr. and Mrs. Salmen, of 1694 Dodd Road, Chair Dwyer moved to continue the public hearing until October 24, 1995. Commissioner Duggan seconded the motion. Commissioner Duggan directed staff to inform Mr. and Mrs. Salmen of the continuance and to also inform the Salmen's that they should attempt to address the following issues before the Planning Commission formally reviews the application in October . 1. That easements be required for all utilities including a ten foot public access and utility corridor along the southern property line for both the existing lot and the lot proposed to be subdivided. 1 2. Private easements should be amended to incorporate and coordinate snow plowing, rights of access by a fourth lot, and future conversion to public right-of-way for the fifty foot access strip. 3. That an appropriate turn around be designed and included on the proposed subdivision plans with the provision of an easement of the same dimension as a public cul-de-sac at the end of the private road. This private easement may have to include the BoVte property as well. 4. Confirm with the Fire Department that absolute minimum requirements for safe access, grade of street, all weather surface, width of street section and dimensions of an adequate turnaround for emergency vehicles. 5. Inclusion of a building pad on the proposed new lot that demonstrates grading changes and impact on the wooded characteristics of the lot. AYES: 5 NAYS: 0 CONTINUED HEARING: CASE • 95-13: STAR BUILDERS - CONDITIONAL USE PERMIT, VARIANCE CRITICAL AREA REVIEW Chair Dwyer introduced this case by stating that at their July 22, 1995 meeting, the Planning Commission had a problem identifying an appropriate hardship for the requested variance and felt more details needed to be submitted for the pool and pool house. He explained that this case was continued to the August Planning Commission meeting to allow time for Mr. Landreville to submit more information addressing the Planning Commission's concerns. Mr. Ken NordbV, Architect, representing Mr. Alden Landreville, of 1010 Sibley Memorial Highway, was present to review the revised plans which includes information regarding the proposed garage, accessory building and pool. In response to a question from Commissioner Friel, Planner Uban explained that the Commission needs to review this application for proper placement of the garage within the Critical Area. He explained that the applicant has 9 some difficulty with adding to the existing garage due to the fact that established landscaping, trees and driveway would need to be relocated. Uban stated that Mr. Landreville has a large lot and that his intentions are to preserve the trees. Uban explained that the Commission needs to confirm what the accessory structure will be used for. He explained that Mr. Landreville has indicated that he intends to store an antique car, sports car, boat and snowmobiles. Uban explained that Mr. Landreville has submitted information regarding the proposed pool and pool house. He explained that Mr. Landreville has located the pool and pool house in such a place to minimize the property impact and change to landscaping. Uban pointed out that the combined square footage of the accessory structures may be in excess of the combined square footage allowed under the conditional use process. He stated that a second variance may be necessary. Mr. Nordby stated that the proposed square footage of the pool house to be 425 square feet and the proposed garage to be 728 square feet. Planner Uban stated that the pool house square footage falls within the guidelines of accessory structures and that a variance will be needed for the second garage. Commissioner Friel stated that if the accessory structure is not considered a garage, then the square footage still exceeds the square footage requirement for accessory structures. Planner Uban concurred. Commissioner Friel stated that the City's Zoning Ordinance specifically defines an undue hardship as such that the property cannot be put to any reasonable use without a variance. Friel stated that the property is currently being put to reasonable use now. Mr. Nordby stated that they considered adding onto the existing garage towards the river. He stated that they encountered an increased slope on the north side and that trees would need to be removed. He explained that Mr. Landreville has planted over 100 trees on his property and that he does not want to remove them. Mr. Nordby stated that the building will be used for storage and not used on a daily basis like a garage. Commissioner Duggan stated that he has no problem with the application. He stated that the site is large and that nothing will be visible to the neighbors. Commissioner Duggan stated that he would be inclined to recommend approval of the Conditional Use Permit and the Modified Critical Area 3 Review. Commissioner Lorberbaurn stated that she believes this is a unique situation and that the additions will not alter the character of the neighborhood. She inquired about Section 4.5(4) of the Zoning Ordinance which requires that of detached garages or other accessory buildings not being located nearer the front lot line than the principal building on that lot. Planner Uban stated that a variance from Section 4.5(4) is needed. Chair Dwyer opened the meeting to the public. There was no one present to discuss this request. Commissioner Duggan moved to close the public hearing. Commissioner Lorberbaurn seconded the motion. AYES: 5 NAYS: 0 Commissioner Koll stated she visited the site and that she does not feel the garage will impact Mr. Landreville's five acre site. She inquired about how the pool construction will affect the drainage. She inquired about the existing pond and she informed the Commission that the backyard was wet and squishy. Mr. Nordby explained that the pond was created when the fill was removed during construction of the house. He explained that the pool will be raised and that the drainage will move into spillways on the south end of the site. The Commission inquired about Mr. Werthauser's drainage concerns. Public Works Director Danielson stated that Mr. Werthauser's concerns are related to spring time when the ground is still frozen. Danielson stated that Mr. Werthauser was aware of the drainage when he constructed the house. He stated that the water goes around the south side of the house. Mr. Nordby stated that with the pool construction, they are not creating or changing the drainage situation. He stated that runoff will only be increased by the new hard surface created by the concrete and pool house. Commissioner Duggan moved to recommend that the City Council approve a Critical Area Modified Site Plan and a Conditional Use Permit for Accessory Structure to allow the construction of the pool house. Commissioner Lorberbaum seconded the motion. M AYES: 5 NAYS: 0 Commissioner Duggan moved to recommend that the City Council grant Variances to Section 7.2(10) and Section 4.5(4) to allow a second garage., proposed to be 728 square feet, that would be located neared the front lot line than the principle structure, as proposed on plans dated 8-14-95. Commissioner Lorberbaum seconded the motion. ATES: 4 NAYS: 1, FRIEL Commissioner Friel stated that he is not satisfied there is a basis for hardship. CONTINUED HEARING: CASE NO. 95-14: CRUZ - VARIANCES Chair Dwyer introduced this application by stating that Mr. and Mrs. Richard Cruz, of 1338 Cherry Hill Road, were present at the July Planning Commission meeting to discuss their request for a side yard setback variance that would allow them to continue to store their recreational vehicle in their side yard. Chair Dwyer explained that at the meeting, the Commission felt that if the Cruz's were given time to discuss alternatives with their neighbors that a possible compromise could be arrived at. Dwyer stated that the Cruz's agreed to meet with their neighbors and that they would return back to the Planning Commission meeting in August. Mr. Cruz explained to the Commission that he had spoken with three of his neighbors and that they have agreed to allow him to install a fence around the car port. He submitted copies of a revised plan to the Commission. He stated that he would like to construct a cedar fence in lieu of shrubs and that he would still install some trees. Richard Gabriel, Attorney representing Mr. and Mrs. Cruz, was present to discuss the Cruz's request. Mr. Gabriel explained that the Cruz's have been using this car port for two years. He explained that the configuration of the house as it sits on the lot makes access to the backyard difficult and nearly R impossible. He stated that the house is positioned at an angle to line up with the other homes. He stated that the Cruz's lot is being treated as a through lot which has two front yards. He further explained that the side yard configuration does not allow the ten foot 00') setback in the side yard. Commissioner Friel stated that the vehicle can be stored in the rear yard. He stated that access to the rear yard is difficult, but not impossible. He stated that the applicant built the house, that they created the difficulty with the alignment of the home and the hardship is not due to unique circumstances of the property. Chair Dwyer opened the meeting to the public. Mr. Steenberg, 807 Park Place Drive, stated that the Cruz's motor home is in his picture window view. He explained that the motor home was only out of the Cruz's yard once this summer. He stated that the motor home was not out of their yards enough to justify storing the vehicle on their property. Chair Dwyer inquired if Mr. Steenberg would agree to allowing Mr. Cruz to construct a fence to screen their view. Mr. Steenberg stated a fence is not adequate. He stated that the vehicle does not belong in the neighborhood and that the driveway is not meant for storage. Mr. Cruz explained that he has done a lot of yard work this summer and that his work schedule prevented him from using the motor home this year. He further stated that he inquired about covenants when he constructed his house. Commissioner Duggan stated that the improper placement of the concrete was not the City's fault. He inquired if Mr. Cruz has discussed with his neighbors about installing plantings on their property line. Mr. Cruz responded that a cedar weave, ten foot (10') high fence could be installed along the edge of the concrete. Commissioner Duggan inquired if Mr. Cruz considered purchasing ten feet (10') of his neighbor's property. Mr. Cruz responded no. Commissioner Duggan moved to close the public hearing. Commissioner Friel seconded the motion. AYES: 5 NAYS: 0 Commissioner Friel moved to recommend that the City Council, based on a finding of fact that there is a lack of hardship, deny the requested variances for driveway setback and outdoor storage. Commissioner Duggan seconded the motion. li-lUma 1011-, VL -13 W11 CASE NO. 95-19: LANE - I WETLANDS PERIVII Mr. Jerome Lane, of 2314 LeMay Lake Road, was present to discuss his request for a Wetlands Permit to install a fence within one hundred feet (100') of LeMay Lake and to install a dock. Mr. Lane informed the Planning Commission that he had spoken to the DNR and that they informed him that as long as the dock is not a permanent structure the DNR does not issue a permit. He submitted a letter informing the Commission of the DNR's position. Mr. Lane explained that the proposed dock is for boating pleasure only and that he uses a small rowboat. Commissioner Duggan stated that he visited the site and that his only concern is his preference for black vinyl clad fence. Mr. Lane stated that a black vinyl clad fence is forty percent (40%) more expensive. Commissioner Lorberbaum stated that she visited the site. She stated that the Mr. Lane's received signatures of consent from his neighbors regarding the fence construction. She inquired if his neighbor's had an opinion regarding the proposed dock. Mr. Lane stated that his neighbors are aware of the proposed dock. Chair Dwyer stated that the consent form only refers to the fence. Mr. Rex Crandle, neighbor, stated that a dock would be nice. The Commission discussed allowing the dock and whether this would set a precedent for other homeowners to install a dock around LeMay Lake. Mr. Lane responded no and that only one other person mows to the edge of the lake. Commissioner Friel inquired if there are any other fences in the area. Mr. Lane responded that one other fence was removed at the time of the utility project in Furlong and the cemetery's fence is in the middle of the lake. In response to a question from Commissioner Koll, Planner Uban stated that private ownership of the lake is that of the lake bed and not the water. He 0 stated that homeowners own the bottom of the lake which is covered by water which is public. He stated that this is still a Wetlands issue. Commissioner Koll stated that she continues to have a problem with fences. She stated that she appreciates the open community atmosphere. She stated that Mr. Lane's neighbor has chain link fence and that a dock would create an additional nuisance to children. Commissioner Duggan inquired about guidelines for dock installation in Mendota Heights. Planner Uban responded that there is no policy on docks. He explained that some newer subdivisions control docks with scenic easements. Commissioner Friel stated that the City's Wetlands Ordinance regulates dock by enforcing conditions that maintain natural areas. The Commission discussed high water mark levels. Chair Dwyer moved to recommend that the City Council approve the Wetlands Permit allowing construction of a four foot (4') high chain link fence up to the water's edge of LeMay Lake. Chair Dwyer informed the Commission that this recommendation does not include approval of the dock. Commissioner Lorberbaum seconded the motion. AYES: 3 NAYS: 2, KOLL, FRIEL Commissioners Friel and Koll. informed the Commission that the request is inconsistent with the standards of the Wetlands Ordinance. Mr. Lane informed the Commission that he is a tax payer and that he should have rights to his own land. Commissioner Friel explained the benefits of the Wetlands Ordinance. CASE NO. 95-22: SLATER- I _U1_ETL4VDS PET 4LU Ms. Billie Slater, of 2464 Pond Circle East, was present to discuss her request for a Wetlands Permit to continue and finish a landscape project that had already begun. Chair Dwyer stated that Ms. Slater cleared vegetation which consisted of buckthorn. He explained that seventy-two feet of vegetation was cleared and replaced with wood chips, a play structure and steps. Chair Dwyer noted his concern for approving a project after the fact could establish a poor precedent. Chair Dwyer informed Ms. Slater that someone in her neighborhood complained about her project to the City. Commissioner Duggan stated that he visited the site and that he would recommend approval. Commissioner Lorberbaum stated she visited the site. She inquired that if the request is not approved, would the area have to be restored. Planner Uban stated that much has been completed. He stated that the Commission needs to consider whether leaving the vegetation as completed now will benefit the area as opposed to removing it and allowing weeds to grow. Planner Uban suggested a condition that the new plantings be maintained. Commissioner Friel stated that the structures should be removed and that the landscaping should be allowed to remain. He stated that the shrubs should be a species associated with the wetlands. Ms. Slater informed the Commission that she is embarrassed that this has happened. She informed the Commission that she has done research in how to properly maintain the wetlands area and that she would never do anything to harm the area. She further stated that precedent has been established on Abbey Way in that many yards have been cleared down to the pond. Commissioner Koll stated she visited the site and that it is a definite improvement to the yard. She noted her concern for establishing a precedent. Commissioner Duggan stated that efforts have been made to successful re- establish the vegetation and moved to recommend that the City Council approve the requested Wetlands Permit. MOTION FAILS due to lack of second. Commissioner Friel moved to recommend that the City Council not grant a Wetlands Permit, as proposed. Commissioner Friel suggested that Ms. Slater relocate the play structure outside the one hundred foot (100') setback and that the new landscaping, sod and steps could remain as constructed. Commissioner Lorberbaum seconded the motion. M AYES: 4 N1YS:1,DUGG1N Commissioner Duggan suggested that before the City Council reviews this application, that Ms. Slater explore alternative sites for the play structure. CASE NO. 95-24: NELSON - VARIANCE Mr. Daniel Nelson, of 575 Sibley Court, was present to discuss his request for a fence height variance which would allow his five foot (5) high patio fence to remain along Warrior Drive. Mr. Nelson explained that the fence was constructed to provide privacy. He stated that there are a lot of activities at Sibley High School and that people have asked to use his bathrooms. He stated that the fencing adds a decorative feature to his house. He stated that may be when his trees grow taller, then the fence could come down. Commissioner Duggan stated the fence appeared to be patio decoration more than it appeared to be a fence. Commissioner Duggan moved to recommend that City Council approve the requested fence height variance. Commissioner Lorberbaum seconded the motion. AYES: 5 NAYS: 0 Chair Dwyer called a recess at 9:06 o'clock P.M. Chair Dwyer reconvened the meeting at 9:16 o'clock P.M. HEARING: CASE NO. 950-20: MENDOTA HOMES, INC. COMPREHENSIVE PLAN AMENDMENT, REZONING AND SUBDIVISION Chair Dwyer introduced this application by explaining that this subject property, known as Lots 1, 2, 3, 4, Carmen Court, has previously been approved as a single family subdivision developed by Mr. Carmen Turninelly. He explained that Mr. Turninelly has not been successful in developing single family lots. 10 Dwyer explained that Mr. John Mathern is now proposing to re -plat the Carmen Turninelly property into a subdivision that would include ten 0 0) townhouses developed as five (5') twin homes. Mr. John Mathern, owner of Mendota Homes, explained that he has constructed several townhouse units in the area such as Victoria Townhomes, Lilywood Townhomes and Mendota Meadows. Mathern explained the four corners of Highway 110 and 35E. He explained that the property is well suited for townhouses in that the conditions for single family homes does not exist. He stated that the land slopes to the freeway and that a townhouse use would provide a buffer for the single family neighborhood known as Crown Point Addition. Mathern explained that there are a lot of trees on the property and that he has tried to save as many as possible. He submitted an updated landscape plan to the Commission indicating the terrain with berming and evergreens along Highway 110. Mathern stated that he held two neighborhood meetings. He stated the neighborhood voiced opposition against a number of issues. He stated the neighborhood is concerned with the entrance into Crown Point and putting the residents of this area into jeopardy. He explained that MnDOT has removed the entrance ramp to northbound 1-35E and now traffic traveling west must take a right at the light. He explained that the remaining triangular piece of land is owned. by MnDOT. Mr. Mathern submitted a letter from MnDOT dated June 9, 1995 informing Mr. Turninelly that Highway 110 will be upgrade in 1996 and that they will install a turn lane into Crown Point. Mathern stated that he wants to see a safe ingress and egress into this area. Mathern stated that the neighborhood discussed how traffic safety will be addressed. Mathern explained that widening the road may help. He further indicated that a trail extension is possible. Mathern explained that the neighborhood also discussed whether townhomes are a good use for this property. Mr. Mathern reviewed plans indicating exterior elevations and footprints of 2,200 to 2,600 square feet. He stated that the townhouses will have double garages with one or two story homes a possibility. He stated that basements will be an option. Mr. Mathern stated that he is working on 11 exterior designs to be compatible with the neighborhood. He used the Lilywood townhouses as an example. Mr. Mathern stated the proposed townhouses will have open space around units with large rear yards and that there will be a common open space. He stated that an association will maintain the landscaping, irrigation, driveways and yards. Mathern explained that the driveways will be constructed in a snake design to save trees and that the units are being placed to accommodate the site. Mathern stated that he has received calls from interested buyers who live in Mendota Heights. He explained that there is a market for this type of development in Mendota Heights, primarily a mature, affluent buyer. Chair Dwyer stated that more information is needed from Mr Mathern and that general information is being discussed tonight. In response to a question from Chair Dwyer, Mr. Mathern explained, due to safety reasons, MnDOT will, in 1996, overlay Highway 110 and install a right turn lane for Crown Point Drive. In response to a question from Chair Dwyer, Mr. Mathern stated that with the townhouse construction, there will be an additional 60 to 65 trips per day. He stated there should not be a significant difference in trips generated from this development. Mr. Mathern stated there are three individuals interested in purchasing a home. He stated that people are looking to purchase north of Highway 110. He explained the price range to be $225,000 and up. Referring to the Mendota Meadows construction off of Mendota Heights Road and Dodd Road, Commissioner Duggan stated that the roads are left in a mess and that he wants reassurance that Mr. Mathern will follow up on this detail with the Mendota Meadows project and any future projects in the City. Mr. Mathern responded that this is a City improvement and that it will be taken care of. Commissioner Duggan inquired if Mr. Mathern has considered any alternative plans. Mathern responded that maintaining green space was an issue and that impervious surface was kept to a minimum (27%). In response to a question from Commissioner Duggan, Mr. Mathern 12 explained that the neighborhood's key issues are traffic safety, townhouse opposition and change in general. Duggan stated there is a lot of air noise in this area. He further stated that he does not like the spider effect of the driveways. He stated he would like to see the units reduced to 7. He stated he would like to see more effort placed in noise attenuation. Duggan stated that cleaning up the site will help the neighborhood and that there are some scrubby trees. He stated that the best trees are near the existing home. Duggan stated that many technical items are missing such as architectural elevations, lighting plan, floor plans, utility and landscape plans. Commissioner Duggan stated that he is against this specific townhouse schematic and that he is uncomfortable with changing the zoning. Commissioner Lorberbaum stated that exceptional conditions must be identified to justify a rezoning. She stated that she needs to see exceptional conditions and that she is satisfied with the current zoning. Chair Dwyer stated that exceptional conditions are needed for Comprehensive Plan Amendment. Mr. Mathern stated that the proximity to the freeway and intersections, terrain and no privacy for single family homes are exceptional conditions. He further stated that Mendota Meadows is selling well and that they are located in a noisy area. Commissioner Lorberbaum inquired if Mr. Turninelly gave the lots a fair price. Mr. Mathern stated that he has no idea and that Mr. Turninelly approached him. Mathern stated there is a market for townhouses. He stated that the Victoria Townhouses are very similar to what he is proposing and that they are located near a very noisy area. He stated these homes have proven to have a good resale market. Commissioner Duggan inquired why townhouses are superior to single family in relation to noise. Mr Mathern stated structurally there are no differences. Commissioner Friel stated that the application is incomplete for the Comprehensive Plan Amendment. He inquired if a Planned Unit Development is needed or are variances necessary. Friel stated that changes in conditions since the comprehensive plan was adopted need to be proven. 13 Commissioner Koll stated that changes have occurred in that 35E has opened and that the amount of traffic has increased significantly. She stated that single family homes may not work in this area and that townhouses may provide a barrier to the existing single family homes. Commissioner Duggan read an excerpt from the March 22, 1995 Planning Commission minutes recommending that City Council restrict further subdivisions on this property. Chair Dwyer opened the meeting to the public. Ms. O'Gara, Crown Point Drive, presented a petition to the Commission which has signatures indicating opposition to the proposed development. O'Gara stated that Mr. Tuminelly did not relocate trees properly and that they are now dying. She further stated that Mr. Tuminelly was asking for $65,000 to $100,000 per lot. She stated that these prices were too high and that she believes these lots could sell for $30,000 to $50,000. She stated that these lots are similar to those in Crown Point. She further stated that the neighborhood is happy with the frontage road and that she believes that widening the frontage road is only necessary due to the development of the townhouses. Chair Dwyer inquired with Ms. O'Gara as to what is wrong with a ten (10) unit proposed townhouse development. O'Gara responded that she moved into this area knowing that the zoning was for single family homes and that she wants this property to remain this way. She stated that $150,000 to $200,000 homes would blend well with the Crown Point neighborhood. She stated that rezoning property is scary as the City could end up with a different development than originally approved. Ms. O'Gara stated that she moved into a single family area and that she would like to see this area stay single family. Nancy Girard, 873 Highway 110, stated that the road widening would be in front of her house. She stated that she does not like the design of the townhouses and that they do not seem right for Mendota Heights. She stated that the City needs to be more creative in allowing different building design styles. She stated she has done some landscaping and that it will be affected should the road be widened. She further noted her concern for safety, especially relating to her three children. Ms. Girard stated that housing designs in Mendota Heights are beginning to look alike and that more diversity in housing should be considered. She referred to the Centex townhouse area and stated that she though the City should have been more creative in allowing more creative housing styles. 14 Daniel Malecha, 912 Crown Point Drive, stated he is opposed to the rezoning request. He stated that Mr. Mathern has not presented exceptional circumstances as required by the City. He noted his concern for R-2 zoning in that it could allow low income housing by the HRA. He further noted concern that the proposed density is too high. Richard Leitner, 897 Highway 110, stated that he will be most directly impacted with the proposed development. He stated that he was under the impression that Mr. Turninelly's original subdivision approval was conditioned upon not allowing further subdivision to this property. He stated that Mr. Turninelly opened the property by removing trees and that he moved dozens of trees which are now dead. He stated that he believes Mr. Turninelly and Mr. Mathern have been partners from the start and that their intentions have always been to construct townhouses on this site. He further stated that the Lilydale townhouses were constructed in rows and have given an apartment like appearance. In response to a question from Commissioner Duggan, Mr. Leitner stated that when the trees were removed, the noise level doubled. Tim O'Gara, 919 Crown Court, stated that his house is as close to the freeway as the proposed townhouse development. He stated that the turn lane on Highway 110 has been asked for by the neighbors for years. He stated that Mr. Turninelly is asking too much for the lots. He stated he does not want the property rezoned. Paul Johnson, 1968 Crown Point, stated that existing subdivision is complete and that the road can barely hold the traffic now. He stated that the proposed ten (10) unit townhouses would generate more cars than four (4) single family houses. Commissioner Duggan moved to table the request for Comprehensive Plan Amendment, Rezoning and Subdivision until September 26, 1995 to allow the contractor time to provide required information as regulated by the Comprehensive Plan, Zoning and Subdivision Ordinances. Duggan stated that this item should not be rescheduled should Mr. Mathern not be able to provide the required information. Commissioner Friel seconded the motion. AYES: 5 NAYS: 0 Chair Dwyer called at recess at 10:36 o'clock P.M. 15 Chair Dwyer reconvened the meeting at 10:48 o'clock P.M. HEARING: CASE • 95-21: AT&T WIRELESS SERVICES - CONDITIONAL USE PERMIT ANY V471ANCES Chair Dwyer introduced this application by stating AT&T Wireless Services has constructed a cellular telephone tower one hundred twenty-five feet (1251 tall on a piece of surplus MnDOT right-of-way at the intersection of State Highway 55 and Interstate 494. Chair Dwyer stated that the tower was built on MnDOT property with the assumption by AT&T that construction on MnDOT property did not need City approval. He stated that he his satisfied that AT&T's intentions to construct the tower were not in bad faith. Mr. Peter Beck, Attorney representing AT&T Wireless Services, introduced Max Thompson and Ted Olson, both employed by AT&T Wireless Services. Mr. Beck explained that the facility is 99 percent complete and to make the system operational, the computers need to be installed. Mr. Beck reviewed graphics and provided photos of the site. Beck explained that the tower is a one hundred twenty-five feet (125) monopole with antennae and a shelter building. He stated that this facility is similar to sixty (60) other cell sites in the Twin Cities area including a site approved by the City of Mendota Heights in 1993 (1-35E and Highway 13 - Strub site). Mr. Beck stated that this request is similar to that approved by Council in 1993 which included a height variance. He stated that the Council determined that only a Conditional Use Permit was necessary because it was an essential service structure. Mr. Beck explained that a setback variance is not needed as the pole is setback thirty-five feet (35') from an abandoned railway. Mr. Beck stated that the location is ideal in that it is near highways and is zoned industrial. He stated the pole is out of view from residents. He submitted pictures giving different view perspectives. Beck stated the pole matches existing light poles and that the pole is placed in a cluster of existing light poles. He stated there is a similar pole located at the corner of Highway 169 and Crosstown. He stated that positive reactions have been 16 received. Beck explained that each cell site has height determined by the covering area and surrounding terrain. He stated that one hundred twenty-five foot 0 25') pole is necessary for service in this location. He stated that this height is necessary and that anything less would prove a hardship in that it would be too restrictive. Beck stated that AT&T agrees the landscape plan could be enhanced significantly but no amount of landscaping will restrict the view of the pole. He stated there is definitely room to compromise. Regarding Planner Uban's suggested conditions, Mr. Beck stated that the access road will only be used once a month and that their intentions are to use Class 5 dirt. He stated if the Commission wants blacktop, then AT&T will comply. He stated that a turnaround hardly seems necessary, but AT&T will comply if required by the Commission. Regarding building material, he stated that the tower on the Strub site is located within a Planned Unit Development where specific building materials were enforced. He stated this pole is located at a highway intersection which is zoned industrial. He stated the industrial zoning district allows an aggregate stone building and that the existing building meets the zoning requirements. He stated the landscaping can be enhanced. Beck stated the tower height needs to be one hundred twenty-five feet (125') and that painting the pole will be expensive but can be done. Mr. Beck stated that AT&T has no objections to enhance the landscaping but that they cannot agree to landscaping the entire property. He stated they will work with City staff. Beck stated AT&T designates one maintenance person who takes care of the cell site. Mr. Beck stated construction inspections are the same as the 1993 inspections and that reports are available. He stated the building complies with building codes. He informed the Commission that the building came from a site located at the College of St. Catherine's. Mr. Beck explained that the positive impacts of the cell site are that it provides improved cellular transmissions for 2,000 customers and that it will handle 10,000 calls per day during peak hours . He stated that there will be better reception, especially with hand held phones. Regarding the location of the cell site, Mr. Beck stated the FAA has approved the location. Mr. Beck stated that nighttime lighting is required of 17 towers over two hundred feet and that the FAA did not require AT&T to install nighttime lighting. Commissioner Duggan stated that he is not sure he agrees that the need for service is a justified hardship. Mr. Beck stated that if Mr. Duggan does not consider cellular telephone as an essential service, then he understands his opinion. Mr. Beck explained that many industries rely on cellular telephones to run their day-to-day business and that cellular phones are considered an essential service to industries. Commissioner Duggan stated the surrounding terrain is flat and asked why a seventy-five foot (75') tower will not work. He inquired about the service area. Mr. Beck explained the line of site and that cellular transmissions cannot see over hills. Mr. Beck stated that information regarding service areas can be generated using computer graphics. Commissioner Duggan stated the City Council should be given this information. Commissioner Duggan stated that this area is considered the gateway to Mendota Heights. He stated the road should be paved and that he is not convinced that one hundred twenty-five feet (125') is not necessary. He further stated that the fencing should be black vinyl clad. Mr. Beck stated that they are not recommending a fence at this time. Commissioner Lorberbaum stated that she visited the site and also the site on Highway 169 and Crosstown. She stated the pole on Highway 169 and Crosstown is setback further with large trees used for landscaping. She further stated she is a cellular telephone user and that she has not experienced any signal problems in Mendota Heights. She stated that this intersection is the gateway to Mendota Heights and that this area needs to look respectable. She further stated the building exterior materials should be changed and she inquired if fencing is required by the City. Planner Uban stated there are not special City requirements for fencing. In response to a question from the Commission, Mr. Olson stated that the runs on the pole were installed for construction purposes. Mr. Thompson stated a twenty foot (20') run will remain and that fencing will be installed. He stated that there have been no instances of climbers at other cell sites. Commissioner Lorberbaum stated that she would rather see the antennae located on the water tower as originally proposed. Mr. Thompson stated that the water tower location was considered and that AT&T did try and negotiate with the City Council to install an antenna on top of the water tower in early 1995. He stated it was determined that the water tower site was too restrictive and that the 1-494 intersection would best serve the customers. Mr. Thompson stated that the height of the water tower does im not help their situation and that a highway intersection was the best scenario. Commissioner Friel inquired if this application meets the requirements of the Zoning Ordinance. He stated that cell towers are proliferating all over the country and he inquired if the City can expect more tower requests in the future. Mr. Beck stated that as a number of users increase, the number of cells increase, therefore more towers are needed. He stated that the height of the towers decreases as they grow closer together. Commissioner Friel stated that he thought the higher the tower, the more range they have. He inquired if satellite systems will be considered as a future use for cellular telephones. He stated that the setback requirement should be based on the size of the parcel. In response to a question from Commissioner Friel, Planner Uban stated that within Section 23 of the Zoning Ordinance, exceptions to height requirements does not list transmission towers. Commissioner Friel stated that the height of the tower is a big concern. He stated that a hardship has not been demonstrated. Commissioner Koll stated that the antennae and building are an eye sore to the intersection. She stated she would like to see the entrance to Mendota Heights improved. She noted her concern for landscaping and fencing. Chair Dwyer opened the meeting to the public. There was no one present to discuss this request. Commissioner Duggan moved to close the public hearing. Commissioner Friel seconded the motion. AYES: 5 NAYS: 0 Commissioner Friel moved to recommend that City Council deny the requested variance and Conditional Use Permit as a result of finding no hardships for the variances. Chair Dwyer seconded the motion. AYES: 3 NAYS: 2, DUGGAN, KOLL Commissioner Friel moved to recommend that City Council consider an ordinance that would specifically address future cellular tower request IR within the City. Chair Dwyer seconded the motion. AYES: 5 NAYS: 0 HEARING: CASE • 95-23: SIMMONDS - CONDITIONAL USE PERMIT FOR FILL Ms. Janice Simmonds, owner of Outlot A, Evergreen Knoll (1650 Wachtler Avenue) was present to discuss her request for a Conditional Use Permit for Fill which would allow the construction of a single family home on Outlot A, Evergreen Knoll. Ms. Simmonds estimated approximately 900 cubic yards of fill will be needed to raise the home so it may have gravity flow to sanitary sewer utilities on Wachtler Avenue. Commissioner Duggan stated that the neighbor to the north would like to be assured that the trees along the perimeter of his property are protected. In response to a question from Commissioner Lorberbaum, Public Works Director Danielson stated that with the development of Outlot A, the extension of Wachtler Avenue will be discouraged. Commissioner Koll stated a neighbor's concern about water problems and erosion and saving the trees to the north. Chair Dwyer opened the meeting to the public. Don Peterson, 790 Evergreen Knoll, stated he is not opposed to the development. He stated he is concerned for drainage. He stated that if proper care is not taken, the water drains directly onto his property and that he wants reassurance that the water will flow along the designated easements. John Hartmann, 812 Deer Trail Point, inquired if there was a permit issued for the fill brought in over the years. He stated that over the years, the natural water way has been filled in. He inquired if a DNR study has been completed. He further stated that all lots have to front on a public street. Public Works Director Danielson stated that grading plans were approved ME with the subdivision and that this outlot has been filled little by little over the years. He stated that this permit is the first request. He stated this Outlot is not a designated wetlands and that there is no need for a DNR study. Chair Dwyer inquired if this construction would interfere with the course of water. Danielson responded that there are no easements and that gaining easements should be condition of approval. He stated that five feet along the sides and ten feet along the north should be adequate. Ms. Simmonds agreed. Public Works Director Danielson stated that Wachtler is a public street and the proposed house does front Wachtler. Mr. Hartmann inquired about emergency vehicle access. Chair Dwyer stated that Ms. Simmonds driveway serves as the access for emergency vehicles. Emil Slowinski, noted his concern for drainage and that the original water course needs to be preserved. He stated he wants assurance that the grading to his property line will not create erosion. Danielson stated that Ms. Simmonds's plan indicates that a silt fence will used as an erosion control method. Lee Opp, 789 Evergreen Knoll, stated there will be many trucks hauling fill and that she does not want the traffic on Evergreen Knoll. She inquired if the trucks could be directed down Wachtler Avenue. In response to a question from Commissioner Friel regarding the long driveway, Public Works Director Danielson stated that this is an unusual situation and that Ms. Simmonds has agreed to install a turnaround. Commissioner Duggan moved to close the public hearing. Chair Dwyer seconded the motion. AYES: 5 NAYS: 0 Commissioner Friel moved to recommend that the City Council grant a Conditional Use Permit for Fill with the following conditions: 1. That turf establishment specifications be added to the final plan. 2. That an additional silt fence be included along the eastern property line across the swale to golf course. 21 Commissioner Koll expressed concern for tree protection. Commissioner Duggan noted concern for erosion created by swimming pool water discharge. Chair Dwyer opened the meeting to the public. There was no one present to discuss this request. Chair Dwyer moved to close the public hearing. Commissioner Duggan seconded the motion. AYES: 5 NAYS: 0 Commissioner Friel moved to recommend that the City Council approve the Modified Site Plan, as proposed to allow construction of a porch addition, walkway, garage expansion, pool and retaining wall. Commissioner Koll seconded the motion. W" 10iI 10IJ The Planning Commission tabled discussion on the proposed Athletic Stadium Ordinance until September 26, 1995. DISCUSS SCHEDULING A WORKSHOP WITH CITY COUNCIL TO DISCUSS HIGHWAY 55 CORRIDOR The Planning Commission was of the consensus to recommend Thursday, September 28, 1995 as the date for a workshop with City Council to discuss the Highway 55 Corridor issue. Public Works Director Danielson updated the Planning Commission on City Council actions regarding recent planning cases. 23 3. That the driveway turnaround be reviewed by the Fire Marshal and include a five foot (5') setback to the property line. 4. That all dump truck spillage be cleared promptly at the cost of the developer. 5. That ten foot (10') utility easements around the property perimeters be provided to the City. 6. That all dump truck access to the site be from Wachtler Avenue and not Evergreen Knolls. Commissioner Koll seconded the motion. AYES: 5 NAYS: 0 HEARING: • • • SCHAEFER - • CRITICAL AREA SITE PLAN REVIEW Mr. Keith Heaver, contractor, and Mr. Joe Schaefer, of 1889 Hunter Lane, were present to discuss their request for a Modified Site Plan review to allow construction of a porch addition, walkway, garage expansion, pool and retaining wall. Mr. Heaver explained that the enclosed walkway will connect the porch to the proposed garage addition. He stated that the construction of the retaining wall will create a flat area for the pool. He stated no trees will be removed. Chair Dwyer stated the City received a letter of concern from an adjacent neighbor. Commissioner Duggan stated he visited the site and he commented on the slope line dropping seven feet (7). He also commented about the largeness of the proposed retaining wall. He stated he would like to see a vinyl coated, chain link fence. Commissioner Lorberbaum stated that letters of concern are more effective with signed names, and that she discounts anonymous letters. RN There being no further business, the Planning Commission moved to adjourn its meeting at 12:45 o'clock A.M. Respectfully submitted, Kimberlee K. Blaeser Senior Secretary MI