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1994-09-27 Planning Comm MinutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PLANNING COMMISSION SEPTEMBER 27, 1994 The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, September 27, 1994, in the City Hall Council Chambers, 1101 Victoria Curve. The meeting was called to order at 7:40 o'clock P.M. The following members were present: Koll, Friel, Betlej, Dwyer, Hunter, Duggan and Tilsen. Also present were Public Works Director Jim Danielson, Planning Consultant John Uban, Administrative Assistant Kevin Batchelder and Senior Secretary Kim Blaeser. APPROVAL OF MINUTES Commissioner Duggan moved to approve the August 23, 1994 minutes with corrections. Commissioner Friel seconded the motion. AYES: 6 NAYS: 0 ABSTAIN: 1, DWYER CASE NO. 94-24: KERN - WETLANDS PERMIT AND VARIANCE Mr. Kerry Kern was present to discuss his proposal to construct a new home at 531 Marie Avenue. Chair Dwyer explained that at the August Planning Commission meeting, Mr. Kern's proposal included filling approximately 972 square feet of wetlands. Dwyer explained that since the August meeting, Mr. Kern has more accurately located the wetlands boundary flags placed by Dakota Soil and Water Conservation District. He further explained that Mr. Kern has also added a proposed deck and storage shed to his plan. Dwyer explained that the shed is in excess of 144 square feet and the size will either have to be reduced or a variance granted. He further explained that the deck is shown at twenty-three feet (23'0) from the wetlands and the shed at ten feet (10') from the wetlands. Mr. Kern explained that he has measured the flags defining the wetlands boundary. He stated that in revising his site plan, he realized that he no longer needs to fill the wetlands. He stated that he will be locating the house ten feet closer to Marie Avenue. He stated he is also requesting a front yard setback variance. Planning Commission September 27, 1994 Page 2 Commissioner Hunter inquired if the Planning Commission will be considering a variance for the accessory structure at the same time as the front yard setback variance. Mr. Kern stated that he has not decided upon the size of the accessory structure. Chair Dwyer stated that the applicant should process the variance for an accessory structure at another time as the hardship, size of structure and location to the wetlands needs to be identified in order for the Commission to properly review the request. Commissioner Friel stated that this lot existed prior to existing zoning regulations and that this lot would not have been platted under current wetlands regulations. Commissioner Friel moved to recommend that the City Council grant a ten foot (10') front yard setback variance and that a wetlands permit allowing the construction of a single family home twenty-three feet (23') from the wetlands as proposed on the revised plans dated September 27, 1994. Commissioner Friel further stated that with the granting of this variance, a precedence will not be established as this lot was platted prior to current zoning regulations. Commissioner Koll seconded the motion. Commissioner Koll suggested that Mr. Kern consider adding to the garage and not building an accessory structure. In response to an inquiry from Commissioner Tilsen, Planner Uban stated that a wetlands permit delineates a specific setback and that if an addition does not move closer to the wetlands, then a wetlands permit is not required. He stated that the City Council had interpreted differently in the past. Commissioner Duggan offered a friendly amendment requiring that a silt fence be in place during construction of the home. Chair Dwyer stated that the City Engineer will inform the applicant on the proper silt fence material. Commissioner Friel accepted the friendly'amendment. AYES: 7 NAYS: 0 Planning Commission September 27, 1994 Page 3 CASE NO. 94-22 OLSEN (LENTSCH) - WETLANDS PERMIT Mr. David Olsen, owner of Lot 6, Block 1, Mendota Woods, was present to discuss his request to construct a single family home within the 100 foot required setback from the designated wetlands. Chair Dwyer explained that Mr. Olsen is proposing to locate the house fifty-one feet (51°) from the pond. He further stated that Mr. Olsen has also included a patio design. Mr. Olsen stated that he had met with the City Engineer and that he revised the grading plan. Commissioner Tilsen inquired if there could still be more trees saved. He noted that Mr. Olsen indicated that there are several trees already dead. In response to a question from Commissioner Hunter, Planner Uban stated the impact on the wetlands is reasonable. He further stated that the house is not customized to fit the terrain. He stated that the oak trees along edge of the property facing the wetlands have been retained. Uban stated that Mr. Olsen is proposing to install retaining walls which will help retain the character of the land. In response to a question from Commissioner Friel, Mr. Olsen stated that Mr. Lentsch has asked for a snow storage easement and that he will not grant Mr. Lentsch an easement. He stated that there are several oak trees along the edge of his property and that he is concerned that they will be damaged, not only by snow storage, but also with the construction of Lot 7's driveway. Public Works Director Danielson stated that snow should be stored on Lot 7 and not Lot 6 and that Mr. Lentsch should develop a plan with slopes protecting Mr. Olsen's trees. Commissioner Koll stated that she is disappointed with the loss of trees due to the design of a single story house. Chair Dwyer moved to recommend that City Council grant a wetlands permit to allow construction of a single family home to within fifty-one feet (51') of the wetlands, as proposed on the revised grading/site plan dated September 14, 1994. Commissioner Hunter seconded the motion. Planning Commission September 27, 1994 Page 4 Commissioner Friel stated that under today's existing ordinances, this lot would not have been platted. AYES: 7 NAYS: 0 CASE NO. 94-29: BANGASSER - VARIANCE Mr, Chuck Bangasser, of 2223 Copperfield Drive, was present to discuss his request for a two foot side yard setback variance which would allow the construction of a third garage stall addition to his home. Mr. Bangasser stated that one neighbor expressed their concern about the addition blocking their view of the pond from their bedroom window. Mr. Bangasser stated that person did sign the signature of consent form. Chair Dwyer stated all signatures of consent had been received. Chair Dwyer moved to waive the public hearing. Commissioner Duggan seconded the motion. AYES: 7 NAYS: 0 Chair Dwyer noted that the applicant is requesting a third garage for an additional vehicle which would then remove a car off of the street. Commissioner Tilsen stated that rarely is a variance the best course and that all avenues should be investigated. He stated that it may be better to purchase two feet of neighbor's property which would avoid the variance procedure. He stated staff should look into this possibility. Mr. Bangasser stated that his neighbor would not be likely to sell two feet of his property. He further stated that his proposal will not be affecting a crab apple tree and hedge. Commissioner Friel stated that this is a minimal request for a variance. He noted that there are several homes in Copperfield with two stall garages and that this request for a variance may be setting a precedent. He further stated that removing a vehicle off of the street is not considered a hardship. Planning Commission September 27, 1994 Page 5 Commissioner Duggan moved to recommend that the City Council grant a two foot (2') side yard setback variance which would allow the construction of a third stall garage addition. Commissioner Hunter seconded the motion. AYES: 7 NAYS: 0 CASE NO. 94-27: MARCHIO - FENCE HEIGHT VARIANCE Mr. Anthony Marchio, of 2477 Stockbridge Road, was present to discuss his request for a fence height variance which would allow the construction of a five foot fence on his through lot which backs up to Mendota Heights Road. Chair Dwyer stated that because Mr. Marchio's lot is a through lot, his backyard is deemed a front yard thus requiring Mr. Marchio to apply for a fence height variance as City Ordinance allows only a thirty-six inch (36") high fence in the front yard. In response to a question from Chair Dwyer, Mr. Marchio stated that covenants of his neighborhood requires him to construct a wood fence. He stated he would like the wood fence to be either four feet (4') or five feet (5') high. He explained that there is a berm of 152 feet in length which is level with Mendota Heights Road. He stated that 1/2 of that berm is located in his backyard. He noted that the homes backing up to Mendota Heights Road all have a full berm. He explained that if the fence is placed along the berm side, he will lose backyard space, therefore, he is requesting that the fence be placed outside of the berm. He further stated that he could plant shrubbery but that he is unclear as to what specific landscaping should be completed. Commissioner Tilsen inquired if Mr. Marchio would be maintaining the lawn between the fence and the walkway. Mr. Marchio responded that he already maintains the lawn between the berm and the walkway. Tilsen stated that landscaping should be installed to help break up the fence area. He further noted concern of noise bouncing off of the wooden fence. He suggested that Mr. Marchio could incorporate the fence with the berm and that it be thirty percent (309s) to fifty percent (50s) open. Planning Commission September 27, 1994 Page 6 Commissioner Hunter inquired about how high a fence should be in this area. Planner Uban stated that a four foot (4') high fence is suggested to help prevent a wall appearance. He stated that a low, decorative fence would be more appealing as there is a front yard appearance. He further stated that some plantings could be installed to help break up the linear effect. He stated that shrubs would grow quickly and that they will soften the appearance. Chair Dwyer suggested that evergreens be considered as their appearance is attractive during winter months. In response to a question from Commissioner Betlej, Public Works Director Danielson stated that the dotted line, as shown on the site plan, is the platted drainage easement. 1 In response to a question from Commissioner Betlej, Mr. Marchio stated that a neighbor has a four foot (4') fence and that he would like a fence similar to his neighbor's. He stated that a three foot (3') fence is not high enough. He stated that he has a small child and that his wife is considering operating a daycare. He stated a fence would help provide security and protection. Marchio further stated that Centex had informed him that there would be no problem installing a fence. Commissioner Friel stated that the City is apply front yard fence standards to side yards on corner lots and to rear yards on through lots. Administrative Assistant Batchelder stated that prior to the Zoning Ordinance Amendment in 1991, a fence along a front yard was treated as a Minor Conditional Use Permit. Batchelder stated that in 1991 it was felt this was too big of a burden for residents desiring fences and it was amended to require a variance application. Batchelder stated that in 1991, at the time of the Zoning Ordinance Amendments, there was a consensus that fences in front yards and along streets or thoroughfares should be regulated. Commissioner Friel suggested that the City should have a distinct fence permit or consideration process separate from a variance procedures. In response to a question from Commissioner Koll, Public Works Director Danielson stated there is eight feet (8') between the path and Mr. Marchio's property. Commissioner Koll stated that she would like to see a four foot (4') fence. Chair Dwyer stated that the fence would be installed on the property line. Planning Commission September 27, 1994 Page 7 Commissioner Tilsen noted his concerns for setting precedence with other residents along Mendota Heights Road wanting to install fences. Commissioner Friel moved to recommend that the City Council grant a fence height variance to allow a four foot (4') wood fence at a setback to be recommended by the Engineering Department with the landscape screening to be required along Mendota Heights Road. Commissioner Duggan seconded the motion. AYES: 7 NAYS: 0 CASE NO. 94-28: MICKENS - VARIANCE Mr. and Mrs. David Mickens, of 1875 South Lexington Avenue, were present to discuss their request for a front yard setback variance which would allow the construction of a garage, three season porch, deck, front entry and dining room addition. Chair Dwyer stated that signatures of consent have been received. Chair Dwyer moved to waive the public hearing. Commissioner Duggan seconded the motion. AYES: 7 NAYS: 0 Mr. Mickens stated that the home is currently without a garage. He stated that there are several trees which will not be impacted with the addition of the garage. In response to a question from Commissioner Betlej, Planner Uban stated the property is zoned R-1 and a thirty foot front yard setback is required. Commissioner Koll moved to recommend that City Council grant a front yard setback variance which would allow the construction of a garage, three season porch, deck, front entry and dining room addition, as proposed. Commissioner Hunter seconded the motion. AYES: 7 NAYS: 0 Planning Commission September 27, 1994 Page 8 CASE NO, 94-30: FISCHER - WETLANDS PERMIT Ms, Lois Ring, owner of Lot 9, Block 3, Rolling Green Addition (1830 Rolling Green Curve), was present to discuss her request for a wetlands permit which would allow the construction of a single family home on the last remaining lot in Rolling Green Addition. Ms. Ring stated that the location of the proposed house is aligned with the house on the left side of her property. She further stated that the street curves and that is why there is a thirty foot setback for the placement of the house on the right side. She stated they would like to leave the lot as natural as possible. Chair Dwyer inquired if the house could be moved closer to Rolling Green Curve. Ms. Ring stated that the house has been placed as far forward as they can get it and that they are trying to maintain its natural terrain. She stated further that a significant amount of excavation would be needed if the house was closer to the road. Commissioner Koll stated there will be some trees removed and she inquired about the deck location. Ms. Ring stated that the home will be located fifty-eight feet (58') from the wetlands and the deck will be sixty feet (60') from the wetlands. Commissioner Tilsen stated that according to the elevations, the house could be moved closer to the road. Commissioner Tilsen stated that the house could be pivoted closer to the road which would move the house further away from the pond. Commissioner Tilsen stated that a silt fence will be placed between the inlet pipe and the pond and that it should be moved closer to the easement line. Commissioner Tilsen stated that there is no huge different with the terrain and that the home could be five feet (5°) closer to the road. Chair Dwyer stated that all signatures of consent had been received. Chair Dwyer moved to waive the public hearing. Commissioner Hunter seconded the motion. AYES: 7 NAYS: 0 Planning Commission September 27, 1994 Page 9 Commissioner Duggan moved to recommend that the City Council grant the wetlands permit which would allow the construction of a single family home on Lot 9, Block 3, Rolling Green Addition, as proposed. Commissioner Friel seconded the motion. AYES: 7 NAYS: 0 Chair Dwyer called a recess at 9:05 o'clock P.M. Chair Dwyer reconvened the meeting at 9:12 o'clock P.M. HEARING: CASE NO, 94-26: CROMBIE: SUBDIVISION/LOT SPLIT Mr. Brian Crombie, owner, and Mr. Bruce Folz, land surveyor, were present to discuss Mr. Crombie's request to split a lot located at 1575 Wachtler Avenue. Mr. Folz explained that the lot was originally assessed for two lots and that both lots will be served with utilities. He further stated that splitting the lot would not be a problem and that the ordinance requires replatting of the new lot. Mr. Folz explained that Mr. Crombie has agreed to dedicate fifty feet (50') of right-of-way for County Road. Mr. Folz stated that with the construction of Park Place Drive a ten foot (10') wide catch basin was installed. He explained that that pipe was extended and filled without City permission and now Mr. Crombie is requesting that the City acquire a public easement for drainage in the location where the extended pipe exists. Mr. Folz stated the lot was assessed for storm sewer and should have access. In response to a question from Commissioner Tilsen, Mr. Folz stated that Parcel A will consist of 16,252 square feet (after the fifty foot (50') right-of-way dedication) and Parcel B will consist of 18,753 square feet. In response to a question from Commissioner Tilsen, Mr. Folz stated that the City owns seven foot (7') easement along Park Place Drive. Mr. Folz stated that the sheds will be demolished. Planning Commission September 27, 1994 Page 10 Commissioner Duggan inquired if Mr. Crombie has reviewed Mr. Evenson's, owner of the lot adjacent to Mr. Crombie, letter. Mr. Crombie stated yes. Commissioner Duggan noted Mr. Evenson's concern for the loss of trees. Commissioner Duggan inquired if Mr. Crombie has received a copy of the Park Place Covenant, Mr. Folz responded that Mr. Crombie's lot is not a part of the Park Place development. In response to a question from Chair Dwyer, Mr. Folz stated that a five foot (5°) variance is needed for the existing house along Wachtler. Planner Uban briefly explained why a variance is needed because the City's request for roadway right-of-way will place it in non-conforming status. In response to a question from the Commission, Public Works Director Danielson stated that Mr. Evenson received permission to connect about fifty-seven feet (57') of drainage pipe to the City drainage outlet on his property so that he could fill the back portion of his lot. He explained that the purpose of this extension was to help drain water from the street. Mr. Folz presented drainage easement document No. 793315 to the Commission. In response to a question from Commissioner Koll, Mr. Folz stated there is a natural tree barrier which will help prevent car lights off of Park Place. Chair Dwyer opened the meeting to the public. Mr. Mike Evenson, 1572 Boardwalk Court, stated he has not seen updated plans. Chair Dwyer stated that the Commission has received his letter dated September 11, 1994. Mr. Evenson noted his concerns for increased drainage with the construction of a new house. He requested that the new house site drain to the street and not to the storm water pipe. He further stated that the Subdivision Ordinance requires that an applicant submit a grading document. He stated that Mr. Crombie has not submitted a grading plan. Chair Dwyer responded that those particular documents are usually required when creating a subdivision. Planner Uban explained that all utilities and streets are in place and that this is merely a simple lot split. Chair Dwyer stated that the building permit process requires the submission of a final grading plan. Planner Uban agreed and stated that the grading plan should be reviewed for erosion control and that the drainage is directed towards the public storm system. Mr. Evenson responded that he wanted his drainage concerns addressed now instead of after the fact. Planning Commission September 27, 1994 Page 11 Mr. Evenson stated he would like to see an aesthetically pleasing house constructed as he is concerned for property value. He stated he would like to see a house constructed consistent with the Park Place Addition. Commissioner Duggan stated that the City Council cannot dictate value or aesthetics of a home. Mr. Evenson stated that he will be monitoring the building process. Commissioner Duggan moved to close the public hearing. Commissioner Tilsen seconded the motion. AYES: 7 NAYS: 0 Commissioner Duggan moved to recommend that the City Council grant the lot split conditioned upon: 1. The City acquiring a drainage easement 2. A park dedication fee be collected. Chair Dwyer seconded the motion. Commissioner Friel offered a friendly amendment recommending the acquisition of an easement with Mr. Evenson to include the extended drainage pipe and to grant a five foot (5') front yard setback variance. Commissioner Duggan accepted the friendly amendment. AYES: 7 NAYS: 0 CONTINUED HEARING: CASE NO. 94-16: LENTSCH - VARIANCE AND WETLANDS PERMIT Mr. Bill Lentsch was present to discuss his request for a five foot (5') driveway setback variance and a wetlands permit to construct a driveway to within twelve feet (12') of a wetlands. Mr. Lentsch submitted revised plans to the Commission which address concerns raised by the Planning Commission: 1. Vehicular guardrail or post construction in the vicinity of the retaining wall. 2. Driveway landing area outside the garage. 3. Quantification of vegetation loss. 4. Landscape plan preparation. Planning Commission September 27, 1994 Page 12 Mr. Lentsch explained that the plan does not address the vehicular turn around bay outside the garage. He further stated that he was unable to receive a snow storage easement on Lot 6. He stated that Mr. David Olsen, owner of Lot 6, is concerned about the loss of trees. Mr. Lentsch stated snow can be swept to the east side of the property and that there is some room to the west. Planner Uban confirmed there is adequate space to store snow. He noted the grade is adequate. Planner Uban stated that Mr. Lentsch needs only a Wetlands Permit and that he is now proposing to construct retaining walls instead of filling the wetlands. Commissioner Tilsen stated that Mr. Lentsch has submitted a much improved plan. He stated that the retaining wall could be moved closer to Arbor Court to save some filling. Commissioner Duggan inquired who will be constructing the driveway. Mr. Lentsch responded that he does not have that information with him. Duggan stated that the engineering staff will have to enforce the plan to make sure it is done according to the plan. He further stated that the engineering staff should ensure that steps are being taken in protecting the trees. Chair Dwyer inquired about fire service. Mr. Lentsch responded that the development meets fire code standards. 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 Hunter seconded the motion. AYES: 7 NAYS: 0 Commissioner Friel moved to recommend that the City Council grant a wetlands permit according to the revised, September 26, 1994 grading plan. Commissioner Friel noted that under the existing city ordinances, this lot would not have been platted. Commissioner Duggan seconded the motion. Mr. Olsen, owner of Lot 6, noted his concern for his trees along his property line which could be impacted with the Planning Commission September 27, 1994 Page 13 construction of the driveway. He inquired if this area should be fenced during construction. Commissioner Friel suggested that Mr. Olsen have the trees trimmed during the winter to help reduce stress from construction. Commissioner Tilsen stated that a temporary fence may be helpful. AYES: 7 NAYS: 0 CONTINUED HEARING: CASE NO, 94-25: MENDOTA HOMES REZONING, CUP FOR PUD As per the applicant's request, Commissioner Duggan moved to continue the public hearing to October 25, 1994 at 8:30 o'clock P.M. Commissioner Friel seconded the motion. Commissioner Duggan asked that staff review the number of employees the daycare facility has indicated. He asked that the parking situation be reviewed and that the traffic impact on Mendota Heights Road be reviewed. Commissioner Duggan further stated that if the applicant has submitted the appropriate information by the October meeting, staff should recommend continuance. DISCUSS ORDINANCE REVISIONS: DETACHED GARAGES AND STADIUMS IN R-1 As per staff's recommendation, this discussion was continued to October 25, 1994. DISCUSS CITY COUNCIL REVIEW OF CARLSON VARIANCE Commissioner Duggan explained that he had watched the City Council meeting where the Carlson's were reviewing their request for a variance. He stated several accusations were made that the Planning Commission does not do its homework and that the Planning Commission does not visit the sites. Duggan suggested that when the Planning Commission recommends denial of a request, perhaps a Commission member should be present to remind City Council what actually transpired during the Commission meeting. Planning Commission September 27, 1994 Page 14 Commissioner Friel stated that staff is present during these reviews and that the City Council has the benefit of reviewing the Planning Commission minutes. VERBAL REVIEW Public Works Director Danielson informed the Commission of City Council action on previous planning cases. ADJOURNMENT There being no further business, the Planning Commission moved to adjourn its meeting at 10:12 o'clock P.M. Respectfully submitted, Kimberlee K. Blaeser Senior Secretary