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1995-07-25 Planning Comm MinutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA JULY 25, 1995 The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, July 25, 1995, in the City Hall Council Chambers, 1101 Victoria Curve. The meeting was called to order at 7:34 o'clock P.M. The following members were present: Duggan, Koll, Friel, Betlej, Lorberbaum and Tilsen. Chair Dwyer was excused. 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 June 25, 1995 minutes with corrections. Commissioner Betlej seconded the motion. MISCELLANEOUS At the request of Vice Chair Duggan, Planner Uban explained that, due to new State Statutes, as of July 1, 1995, the City must approve or deny any application within 60 days. He explained that the City must notify an applicant within 10 days, in writing, if the application is incomplete. Administrative Assistant Batchelder explained that failure of the City to act upon a request within 60 days would result in approval of the request. It was noted that an incomplete application may force the Planning Commission to deny the request. HEARING: CASE NO. 95-13: STAR BUILDERS - Mr. Joseph Griesgraber, of Star Builders, was present representing Mr. Alden Landreville, of 1010 Highway 13, to discuss a request for a Variance for a Second Garage, a Conditional Use Permit for an Accessory Structure and Critical Area Review. Mr. Griesgraber explained that the proposed structure will be 728 square feet. He stated that the building will not be placed adjacent to the four existing car garage. He explained that a swimming pool is also proposed. Vice Chair Duggan stated that the plan shows a proposed second garage for storage of yard and recreation equipment. Mr. Griesgraber concurred and stated that vehicles will not be stored in this building. Commissioner Koll noted her concern for the size of the structure and setting a precedent. Vice Chair Duggan stated that the proposed structure will be 728 square feet and placed on a 4.5 acre site. He stated he is not concerned with the size of the structure. He inquired about the height of the structure. In response to a question from Commissioner Friel, Mr. Griesgraber explained that the structure will be twenty feet (20') from the driveway and eighty feet (80') from the home. In response to a question from the Commission, Planner Uban explained that the variance request is to allow a second garage on a property that already has a garage. Planner Uban stated that the structure is considered a garage but will be used as an accessory structure to store recreational vehicles and lawn equipment. Commissioner Friel inquired about hardship. Mr. Griesgraber stated that more space is needed to store the lawn equipment and recreational vehicles. Commissioner Lorberbaum stated that Mr. Landreville has a four car garage. Mr. Griesgraber explained that additional space is needed. Griesgraber explained that the placement of the structure is for access to the driveway and that no trees will be removed. Commissioner Lorberbaum inquired about the tree line and if trees will be removed to install the pool. Mr. Griesgraber stated no. Planner Uban explained that if the proposed structure did not have two garage doors and an apron, it would not be considered a garage and then a variance would not be needed. Commissioner Tilsen stated that this parcel is large and that he is not convinced of a hardship. Tilsen inquired if Mr. Landreville is proposing to construct a pump house to store pool equipment, etc. Mr. Griesgraber 2 stated not at this time. Tilsen stated that the plans should include the full scope of ideas proposed for this site, which should include information regarding additional buildings for the swimming pool. Mr. Landreville stated that he does not have plans, at this time, to construct additional buildings for the pool. Commissioner Friel explained the Conditional Use Permit process to Mr. Landreville by stating that three accessory structures are allowed on the site and that the total square footage cannot exceed 425 square feet. He explained that the swimming pool does not require a Conditional Use Permit. Friel explained that Mr. Landreville should pursue the full Conditional Use Permit process now, which should include plans for additional accessory structures to serve the proposed swimming pool. He further explained that the additional garage on site requires a variance and that Mr. Landreville has not presented a hardship. Commissioner Friel stated that if the structure were to have one door, then it is possible the structure would not be considered as an additional garage. Vice Chair Duggan stated the Planning Commission needs to have more information. Planner Uban stated clarification is needed regarding additional structures on the site and fencing for the swimming pool. Vice Chair Duggan opened the meeting to the public. Mr. Moore, 1028 Sibley Memorial Highway, noted his concern for drainage and that he does not want more water directed towards his property. Mr. Art Werthauser, 1020 Sibley Memorial Highway, stated that he had concerns regarding drainage and that he has spoken with Mr. Landreville regarding how the culvert (west of Mr. Werthauser's driveway) will drain. He stated there was a problem during the spring when the ground was frozen and that there was a washout. He stated that some washed out onto the Moore's property and that he is correcting the problem. Mr. Werthauser indicated to the Commission that Mr. Landreville will look into the culvert problem. Regarding Vice Chair Duggan's question regarding height of the structure and whether a variance is needed, Public Works Director Danielson stated the height of the proposed structure is 12 3/4 feet high and that the height does comply with the ordinance, which allows fifteen feet (15') for accessory structure. In response to a question from Commissioner Friel, Mr. Danielson stated 3 that the City Council had recently approved a similar request for a large storage shed by a condition that the structure not be used to park passenger and truck vehicles. Commissioner Tilsen moved to continue the public hearing in order to allow Mr. Landreville additional time to clarify if additional accessory structures will be needed to supply equipment for the proposed swimming pool, fence information and if Mr. Landreville still wishes to consider the proposed accessory structure as a garage. Vice Chair Duggan seconded the motion. am NIX&JRRI Administrative Assistant Batchelder informed the Commission that Mr. Landreville will be sent written notice informing him that the application process has been extended an additional 60 days. HEARING: CASE NO. 95-14: CRUZ - SETBACK VARIANCE FOR DRIVEWAY AND STORAGE OF RECREATIONAL VEHICLE Mr. and Mrs. Richard Cruz, of 1338 Cherry Hill Road, were present to discus their request for a setback variance for driveway and storage of a recreational vehicle. Mr. Cruz explained that he moved into his new house in 1993. He stated that he had wanted to place his motor home in his backyard and to construct a fence. At this time, he was instructed that he had two front yards and that he was not able to install a fence without a variance. Vice Chair Duggan stated that the problem is that the concrete slab extends into Mr. Cruz's neighbor's yard. Mr. Cruz explained that when his contractor constructed the house, the slab was installed, inadvertently onto his neighbor's yard. Planner Uban explained that the home is set slightly askew on the lot with one corner or the other within ten feet (10') of the property line. He explained that this makes circulation to the rear yard difficult for large vehicles. Uban explained that the storage of recreational vehicles is permitted on one side yard or the rear yard in residential districts. He 0 explained that setback requirements must be met and that storage shall not be adjacent to the street. He explained that vehicle storage must be five feet (5') from the property line, and that there can be room for screening by use of tall plant material, decorative fence, or lattice work at the property. Vice Chair Duggan stated that if screening were installed, in this case, then it would be installed on the neighbor's property as the Cruz's are requesting zero foot setback to the property line variance. Commissioner Friel inquired if this situation can be considered an existing non -conforming condition. It was noted that the slab was installed at the time the house was constructed and that it was in violation at that time. Commissioner Tilsen suggested that the Cruz's may want to consider purchasing ten feet of their neighbor's property which would provide an area to allow storage of the vehicle and screening. He explained that this may appease their neighbors. Tilsen suggested that possibly the neighbors may have extra square footage and that this may be a possible solution. Commissioner Lorberbaum inquired about Mr. Cruz's neighbor's fence. Public Works Director Danielson explained that the fence was installed prior to building permit issuance and City Council approval. Vice Chair Duggan suggested that the Cruz's raise the roof of their garage and that the motor home could be stored under the garage. Commissioner Friel inquired if the concrete slab was included with the original house plan. Mr. Cruz responded no. Friel stated that the City was unaware that the slab was built up to the property line. Friel explained that Mr. Cruzs rear yard is subject to requirements of a front yard because he has a thru lot. Friel stated that according to City Ordinances, the recreational vehicle is allowed to be stored in the rear yard as long as it meets setback requirements. Commissioner Koll noted her concern for establishing precedence. She inquired about neighborhood opinion. Vice Chair Duggan opened the meeting to the public. There was no one present to discuss this request. Mrs. Cruz explained that they have tried to comply with City requirements. She stated that when they were told they could not install a fence, they 5 decided to install shrubbery. She explained that they corrected a drainage problem and that landscaping was installed to make their yard more aesthetically pleasing. She stated they try to be good citizens and that they want to comply with the ordinance. She stated that they had taken great pride in constructing a nice home and that they feel they have done their very best to comply with City regulations. She stated that no neighbors have ever complained to them about storing their RV. She stated that they found out about complaints through the City. Mrs. Cruz stated that four of their neighbors do not have a problem with their request and that only two do. She stated that in building their dream home, some of their neighbors have made this happy time a very discouraging and disappointing opportunity. Vice Chair Duggan moved to close the public hearing. Commissioner Betlej seconded the motion. 0 Commissioner Friel stated that Mr. and Mrs. Cruz have not given the Planning Commission any suggestions as to what they could do to not request a zero setback variance. Friel stated there is a way to store the vehicle without asking for a variance. Friel stated no hardship has been given. Commissioner Friel moved to recommend that the City Council deny the zero setback variance for a concrete driveway and storage of a vehicle on that space. Vice Chair Duggan seconded the motion. The Planning Commission discussed possible alternative solutions. Commissioner Friel moved to table the above motion in order to allow time for Mr. and Mrs. Cruz to discuss alternative solutions with their neighbors the Steenberg's and Neska's until August 22, 1995. Commissioner Koll seconded the motion. Mal -M A CONTINUED HEARING: •, NO. 95-06: MINNESOTA DEPARTMENT OF TRANSPORTATION CUP I Mr. Jack Pirkl, of MnDOT, was present to discuss their request for a Conditional Use Permit which would allow the construction of a salt storage at their maintenance facility located at 2229 Pilot Knob Road. Vice Chair Duggan acknowledged receipt of a Landscape Concept Plan, proposed Lighting Location Plan including silt fence location and Elevations and Bituminous Bunker Detail plans. Commissioner Tilsen stated that he would like to see additional landscaping along the regional trail. He further stated that he would like to see the forty foot (40') high poles and shields lowered in height. Mr. Pirkl stated that they are trying to get the most light in an advantageous area. Tilsen suggested that more lights be installed using twenty foot (20') poles. In response to a question from Commissioner Tilsen, Mr. Pirkl stated that a standard seed mix will be used (Mix 500). Commissioner Tilsen stated that he would like to see a different mix used other than just the standard mix. He stated he would like a more aesthetic seed mix next to the recreational trail. Mr. Pirkl stated that the State will be working directly with the County and that they will install what the County would like. Mr. Pirkl stated that he feels the Commission is being overly restrictive because they are working with the State. Pirkl informed the Commission that the City cannot regulate what the State does and that they will go ahead and construct the facility without City approval. Mr. Pirkl stated that MnDOT has responded appropriately to the Planning Commission's concerns. Planner Uban stated that the plans submitted tonight for Commission review, includes information regarding placement of the fence, gate access, paving configuration and lights. Uban suggested that more trees be added along the western edge of the property and that a different seed mix can be considered. Commissioner Friel inquired if the direct source of light will be shielded from the adjacent properties. Pirkl responded yes. Commissioner Lorberbaum informed the Commission that she toured the site. In response to a comment from Commissioner Tilsen regarding the proposed lighting, Mr. Pirkl stated that lighting is used during the winter time. Mr. Pirkl stated that shorter light poles can be considered. In response to a question from Commissioner Tilsen, Public Works Director Danielson explained that MnDOT is proposing to use 3,000 cubic yards of fill on the site (as per the July 25, 1995 revised plans). Vice Chair Duggan opened the meeting to the public. There was no one present to discuss this request. Commissioner Betlej moved to close the public hearing. Commissioner Lorberbaurn seconded the motion. Commissioner Tilsen moved to recommend that the City Council approve a Conditional Use Permit for an Accessory Structure and a Conditional Use Permit for Fill, as revised, with the following conditions: 1 That the seed mixture used to establish ground cover on the 2:1 slope area be as approved by the City Planner; and 2. That the light standard heights be reduced to the greatest extent possible as allowed by the light patterns of the light fixtures, subject to approval by the City Planner. Commissioner Friel seconded the motion. wa� Vice Chair Duggan called a recess at 9:33 o'clock P.M. Vice Chair Duggan reconvened the meeting at 9:38 o'clock P.M. EV HEARING: CASE NO. 95-15: OSTBERG - VISITATION CUP Ms. Linda Ostberg, architect, and Sister Helen Anne Wilke, of Visitation, were present to discuss their request for a Conditional Use Permit which would allow the construction of an 899 square foot screened gazebo on the Monastery property. Sister Helen Wilke explained that the Convent of Visitation received a footing and foundation permit from the City Council on July 6th in order to break ground and start early on this project. She explained that the gazebo is being built as a result of a memorial gift given to the Monastery by the family of an alumnae of their school. She explained that the benefactors have changed their plans and the early construction has not occurred. She stated they would wait for full City Council approval. Ms. Ostberg stated that the residents of the Monastery need additional room and that this particular site was chosen because it is not visible from the school and surrounding properties in the area. The Planning Commission briefly discussed the total amount of accessory structure square footage existing on the property. It was noted that the child care structure is a temporary structure located on the school property. Vice Chair Duggan opened the meeting to the public. There was no one present to discuss this request. Commissioner Betlej moved to close the public hearing. Commissioner Koll seconded the motion. 91—M Commissioner Betlej moved to recommend that the City Council approve a Conditional Use Permit for an Accessory Structure to allow an 899 square foot screened gazebo. Commissioner Koll seconded the motion. AYES: 6 NAYS: 0 14 HEARING: CASE NO. 95-16: MENDAKOTA COUNTRY CLUB - WETLANDS PERMIT Mr. Bob McKinney, representing Mendakota Country Club, located at 2075 Mendakota Drive, Was present to discuss a request for a Wetlands Permit which would allow the construction of a new No. 2 golf hole. Mr. McKinney explained that the Club has hired golf course architects who, in conjunction with the members of the Club, have developed a master plan for the golf course. Mr. McKinney informed the Commission that the Mendakota Country Club golf course was not originally designed by a golf course architect. Mr. McKinney explained that the Country Club has been pursuing various projects over the last year or so to upgrade the course. He explained that they are proposing to build a 19th hole so that other sections of the course can be worked on and they will still have 18 holes in play. McKinney explained that the new hole is proposed around a wetland area directly west of the City's fire station on Dodd Road. McKinney explained that the proposed No. 2 hole includes a reconfiguration of the existing wetland and pond as well as removing all existing vegetation, regrading the site and establishing a golf course like character in the general area. Planner Uban stated that Mendakota has submitted very detailed plans but that the plans did not note specifically the vegetation that exists around the wetland and that species of trees and other landscaping that are proposed in the reconfigured pond and wetland have not been specified on the plan. Uban stated the City should encourage the use of appropriate native material that will enhance the wetland aspects of the design. Mr. McKinney explained that their intentions are to keep this area natural. He informed the Commission that the buffer zone to the west will include native grasses and that trees such as river birch, northwood maple and lindens will be installed. Commissioner Koll inquired about expanding the four foot berm and bunker system between the road and green a little further west to help protect parking at the fire station. HN Mr. McKinney informed the Commission he has spoken to a representative from the Army Corp of Engineers and that he is waiting for their comments. Mr. McKinney stated that they will be moving the watershed a little to the east. He explained that this area will be used as a water feature. He informed the Commission they are not making this area smaller, just moving it to make the area more attractive. Mr. McKinney informed the Commission that they intend to construct a fence. Vice Chair Duggan informed Mr. McKinney that any information regarding the fence should be included on the site plan. In response to a question from Commissioner Tilsen regarding grading, Public Works Director Danielson stated that dirt is being moved around the site and none will be removed, or brought in. Commissioner Tilsen discussed new Wetland Act requirements regarding replacement ratios and permits required by the PCA. Vice Chair Duggan opened the meeting to the public. There was no one present to discuss this request. Commissioner Betlej moved to close the public hearing. Vice Chair Duggan seconded the motion. Commissioner Friel moved to recommend that the City Council grant a Wetlands Permit subject to specific information regarding types of vegetation being installed around the wetlands and receipt of approval from the Army Corp of Engineers and other state permit agencies being submitted prior to City Council. Friel informed Mr. McKinney that if any changes that the Army Corp of Engineers makes prior to City Council review, the Mendakota Country Club report back to the Planning Commission through staff for further review. Vice Chair Duggan seconded the motion. W Mr. McKinney agreed to schedule this request for the August 15,11 995 City Council meeting to provide time to respond to Planning Commission's concerns. HEARING: GENERAL PUMP/U.S. INC CUP AND VARIANCE I Mr. Joe Zwak, attorney representing General Pump, located at 1174 Northland Drive, was present to discuss their request for a Conditional Use Permit and Variance which would allow the construction of a freestanding television satellite dish within sixteen feet 0 6') of the side yard setback. Mr. Zwak explained that there is no usable location to locate the satellite dish that does not require a variance. He explained that the only other possibility would be to the east of the proposed site. He explained that this site has a significant slope and that they discounted using this site due to soil instability. He explained that another area that was examined for the dish would be on top of the building. He explained that the roof is not designed to carry the weight of the satellite dish. He further explained that this would not give an aesthetically pleasing appearance. Zwak explained that the proposed location is set back further than the parked vehicles in the parking lot and along the same property line, but not so close to the sidewalk that it cannot be successfully screened. Vice Chair Duggan inquired if the tree will be removed. Mr. Zwak responded that it would be relocated. Duggan inquired if a security fence will be constructed around the dish. Mr. Zwak explained that a fence is proposed. He explained that it may be a six foot (6) high, chain link fence. He stated that a board surface fence will interfere with the satellite dish. Commissioner Friel inquired about the weight of the satellite dish. Mr. Zwak responded he does not know. He explained that "I" beams need to be installed in a roof system in order to support a satellite dish. In response to a question from Commissioner Betlej, Mr. Zwak explained that the satellite dish follows a satellite across the sky southeast to southwest. The Commission discussed other possible locations to place the satellite dish. Mr. Zwak explained that other areas on the site may cause interference with the dish and that they have considered an area near the slope and that they were concerned about soil stability. Commissioner Betlej inquired if other areas of technology can be used. Mr. Zwak responded that this is the most advanced state-of-the-art technology. Vice Chair Duggan opened the meeting to the public. There was no one present to discuss this request. Commissioner Koll moved to close the public hearing. Commissioner Betlej moved to second the motion. Commissioner Koll moved to recommend that the City Council approve the Conditional Use Permit for Accessory Structure conditioned upon that fence be constructed around the perimeter of the satellite dish and that a site plan indicating fence location and landscape plan for screening of the satellite be submitted for Council review. Commissioner Lorberbaum seconded the motion. Commissioner Koll moved to recommend that the City Council approve the request for a fourteen foot (14') variance. Commissioner Lorberbaum seconded the motion. AYES. 3 NAYS: 3, FRIEL, BETLEJ, TILSEN Mr. Zwak stated there is no other place on the property that does not require a variance. He further stated that the roof system is not strong enough to support the satellite dish. Commissioner Lorberbaum suggested that Mr. Zwak be prepared to demonstrate details to the City Council supporting the hardship in constructing the satellite dish in the parking lot and explaining why it is important that the dish be built there. Mr. Zwak agreed to wait until the August 15, 1995 City Council meeting for his variance request to be considered. 13 HEARING: CASE NO. 95-18: BURG - VARIANCE Mr. Bill Burg, of Edina Realty, was present representing Mr. Howard Quinlan and Ms. Shannon O'Toole, owners of Lot 16, Block 1, Rolling Woods Addition, to discuss their request for a driveway setback variance. Mr. Burg explained that there is approximately eleven feet (11') of frontage on Wesley Court. He explained that the buyers of the property wish to build a home that faces Wesley Court with a driveway running through the eleven feet (11') of right-of-way frontage. He explained the buyers wish to orient the house on the cul-de-sac which will be consistent with other homes around the cul-de-sac. He explained that the lot is wooded and is ideally suited for a walkout home design on the cul-de-sac. Administrative Assistant Batchelder explained that the Commission was given a copy of the preliminary plat which was approved by City Council in December of 1986. He explained that this plan provides information regarding location of housing pads and grading. Public Works Director Danielson stated that the preliminary plat approved by City Council shows eleven feet (11) of frontage on Wesley Court. He stated that the original plat envisioned a rambler to be constructed on Wesley Lane. Danielson stated that this an unusual lot and situation and that the City does not encounter this type of situation often. In response to a question from Commissioner Tilsen, Public Works Director Danielson stated that sewer and water are available through Wesley Court and Wesley Lane. He stated that utilities were envisioned to come through Wesley Lane. Commissioner Tilsen stated that Mr. Burg is asking for a zero lot line setback and that he needs to be convinced of a hardship. Mr. Burg stated that the consumer prefers to have the home located on Wesley Court and that they cannot place the house on Wesley Court with driveway access off of the Court without a variance. He stated that to facilitate the sale of the property, a variance is needed, so that the sellers can sell their property. Commissioner Tilsen suggested that the owners of the lot consider purchasing ten feet from their adjoining property owners. Commissioner Lorberbaurn stated that she understands why the buyers of 0112 the property wish to orient the house on Wesley Court. She stated that she is finding it difficult to understand a hardship. Commissioner Betlej stated that marketability of property does not fall under the hardship definition within the ordinance. Public Works Director Danielson stated that the site plan shows utility easements along the street and side lot line for drainage. Vice Chair Duggan noted his concern for snow removal storage and visitor parking. Commissioner Friel stated a hardship has not been presented. He stated that the Planning Commission is being led to believe that the house cannot be constructed if the driveway location is not off of Wesley Court. Vice Chair Duggan opened the meeting to the public. Mr. George Stuart, Wesley Court, noted his concern about having a driveway too close his property. He stated that he likes the idea of having the house facing Wesley Court. Mr. Steve Kruckenberg, Wesley Court, noted his concern for aesthetics, snow removal storage and drainage. The future buyer's contractor informed the Commission that numerous trees will need to removed in order to construct a driveway through to Wesley Lane. Ms. O'Toole, owner of Lot 16, Block 1, Rolling Woods Addition, stated that she was informed that the house could be constructed either fronting Wesley Lane or Wesley Court. Mr. Quinlan, owner of Lot 16, Block 1, Rolling Woods Addition, stated that their plan had always been to locate the house on Wesley Court. He stated that the neighbors would like to have a house facing Wesley Court. He inquired about placement of a sidewalk. Public Works Director Danielson stated there are no plans for a public sidewalk. Commissioner Friel inquired if a variance will be needed to allow the new property owners to construct a sidewalk in the eleven foot (11') area without a variance. Mr. Mark Luther, buyer of Lot 16, Block 1, Rolling Woods Addition, stated that the best position is to face the house on Wesley Court. He stated their U9 hardship is that numerous trees will be removed with a sixty foot to seventy foot driveway. He stated that position of the driveway is not an issue as the neighboring property owner is twenty feet (20') away. Commissioner Friel stated that the proposed driveway setback is a zero setback on both sides. He stated this is a problem and that no hardship has been presented. Administrative Assistant Batchelder informed Mr. Burg that according to Zoning Ordinance No. 401 Section 4.6(3)c that a sidewalk can extend no closer than two feet from any lot line. Commissioner Betlej moved to close the public hearing. Commissioner Friel moved to second the motion. WWEI�- Commissioner Friel moved to recommend that the City Council deny the requested driveway setback variance. Commissioner Lorberbaum seconded the motion. AYES: 6 NAYS: I Mr. Burg agreed to wait until August 15, 1995 to appear on the City Council agenda. The Planning Commission moved to table discussion regarding the proposed Athletic Stadium Ordinance until August 22, 1995. Public Works Director Danielson updated the Planning Commission on City Council actions regarding recent planning cases. In ADJOURNMENT There being no further business, the Planning Commission moved to adjourn its meeting at 11:38 o'clock P.M. Respectfully submitted, Kimberlee K. Blaeser Senior Secretary 17