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1994-07-26 Planning Comm MinutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PLANNING COMMISSION JULY 26, 1994 The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, July 26, 1994, in the City Hall Council Chambers, 1101 Victoria Curve. The meeting was called to order at 7:30 o'clock P.M. The following members were present: Koll, Friel, Betlej, Duggan and Tilsen. Chair Dwyer and Commissioner Hunter were excused. Also present were Public Works Director Jim Danielson, Planning Consultant John Uban, Administrative Assistant Kevin Batchelder and Senior Secretary Kim Blaeser. INTRODUCTION OF NEW PLANNING COMMISSIONER Vice Chair Duggan introduced new Planning Commissioner Joe Betlej. Duggan explained that City Council recently appointed Mr. Betlej to fill the un-expired term of former Commissioner Carolyn Dreelan. Mr. Betlej formally introduced himself to the Commission. APPROVAL OF MINUTES Commissioner Friel moved to approve the June 28, 1994 minutes with one correction. Commissioner Tilsen seconded the motion. AYES: 3 NAYS: 0 ABSTAIN: CASE NO. BERGET - WETLANDS DUGGAN, BETLEJ 94-21: PERMIT Mr. Carl Berget, of 2455 Pond Circle West, was present to request a Wetlands Permit which would allow the construction of a 12 by 13 four season solarium at the rear of his home. In response to a question from Commissioner Koll, Mr. Berget briefly explained how the house pad was determined by Centex. Vice Chair Duggan explained that Centex was granted blanket Wetlands Permits for this development. He further noted that the Planner's report misidentified Mr. Berget's Lot as Lot 9. Duggan stated the correct legal description is Lot 8, Block 4, Hampshire Estates. In response to a question from Commissioner Friel, Mr. Berget stated Centex offered 8 or 9 different housing options. Planning Commission July 26, 1994 Page 2 Commissioner Friel stated that Centex has constructed many homes with doors installed to eventually serve future additions. He stated that these additions have needed Wetlands Permit approvals. Commissioner Betlej inquired if Mr. Berget would be using the foundation pads currently in place for the addition. Mr. Berget stated the City Building Inspector instructed him not to use those pads. Public Works Director Danielson explained that the Building Inspector had noted his concerns that Mr. Berget had begun work without a permit and that the footings had not been inspected. He stated that the Inspector must verify that the footings are properly set for frost. Duggan inquired if the City's Inspector could verify that the footings are properly set for frost, if Mr. Berget could use those instead of creating another pad which would be closer to the wetlands. Danielson stated he would discuss this with the building inspector. Commissioner Betlej inquired if the new construction would ) interfere with neighbor's view of the wetlands. Mr. Berget responded it would not. Commissioner Tilsen noted his displeasure with Centex Development's continuous encroachment of the wetlands. Vice Chair Duggan stated that the applicant has signatures of consent from all of the immediate neighbors which allows the City Council and Commission to consider waiving the required public submitted adjoining Planning hearing. Commissioner Koll moved to waive the public hearing. Commissioner Friel seconded the motion. AYES: 5 NAYS: 0 Commissioner Koll moved to recommend that the City Council approve a Wetlands Permit to allow the construction of the proposed addition at a sixty-two foot (62°) setback from the wetlands with the condition that the Building Inspector verify the adequacy of the footings for frost. Commissioner Friel seconded the motion. AYES: 5 NAYS: 0 Planning Commission July 26, 1994 Page 3 CONTINUED HEARING: CASE NO. 94-11: STRINGER - VARIANCE Vice Chair Duggan explained at their May 24, 1994 meeting, the Planning Commission opened a public hearing and continued the hearing on a request by Mr. and Mrs. Phil Stringer for Variances to the Front Yard Setback and Enlargement of a Non- Conforming structure. He explained that this request had been continued in June, as per the request of the applicant's architect. Duggan explained that City staff had recently been notified by Mr. Stringer, via telephone, that his plans had changed and that he will not be further pursuing the variance application. Duggan noted that staff had requested that Mr. Stringer submit a letter stating his intention to discontinue the application process, but at this time, a letter has not been received. Commissioner Tilsen moved to formally close the public hearing for Planning Case No. 94-11. It was further noted that a recommendation to City Council is not necessary and the Planning Commission directed staff to notify Mr. Stringer that the application for variances has been concluded. CONTINUED HEARINGS: CASE NO. 94-16 AND 94-17: LENTSCH - VARIANCE AND WETLANDS PERMIT FOR JOINT DRIVEWAY (94-16) AND REZONING FOR OUTLOT B, MENDOTA WOODS (94-17) Vice Chair Duggan stated that Mr. Lentsch had submitted an application to the City without proper plans for the June Planning Commission meeting. He stated the Planning Commission continued the application subject to the submittal of required information for the Wetlands Permit, Variance and Rezoning. Duggan explained that because complete plans and information have still not been submitted to the City, an accurate review by the Planning Commission may not be completed. Mr. William Lentsch, realtor, presented revised plan for grading of the proposed driveway across Lot 7, Block 1, Mendota Woods and a revised plan of Outlot B, Mendota Woods indicating tree delineation. Planning Commission July 26, 1994 Page 4 In response to a question from Vice Chair Duggan, Administrative Assistant Batchelder gave a brief history on the zoning of Lot 11 and Outlots A and B. He further stated that Outlot B is the only Outlot involved in Mr. Lentsch's request for rezoning. Mr. Lentsch explained the revised grading plan for the proposed driveway across Lot 7. He further explained the location of the wetlands marker at 879.2. He further stated that he is requesting a ten foot (10') wide driveway. He stated that he does not want to encroach the wetlands any further than he has to. Vice Chair Duggan inquired if a ten foot (10°) wide driveway meets City standards. Public Works Director Danielson stated that Fire Marshal Paul Kaiser and Mr. Lentsch recently met to discuss this very issue. He stated that an agreement was made that Mr. Lentsch could have a ten foot (10') wide driveway subject to the house on Outlot B being sprinkled. He further stated that the normal width of a driveway is twenty feet (20'). Commissioner Betlej inquired about the proposed grade. Planner Uban stated that he calculates the grade to be eighteen percent (1896). He stated that this will be a very steep driveway and would be especially slippery during a rain and snow fall. He further noted concern for two cars meeting at the same time on a ten foot (10') wide driveway with an eighteen percent (18%) grade. He stated he recommends that the driveway be widened for the portion which would serve two houses. Mr. Lentsch stated that a significant retaining wall would need to be constructed. Mr. Lentsch stated he would like to keep the house on Lot 7 close to Arbor Court to help curb utility expense. Commissioner Friel inquired if utilities are available on the other side of Arbor Court (Brookfield Drive). Mr. Lentsch responded yes. In response to a question from Commissioner Koll, Mr. Lentsch stated he has attempted to gain access from the private street owned by Kensington Manor Homes. He stated the Association has denied his request on two separate occasions. He stated he has presented two plans to the Association. Commissioner Koll stated that utilities are available from Brookfield Drive and that it does not make a lot of sense to access utilities from Arbor Court. Duggan stated that the Brookfield Drive cul-de-sac does not serve anything currently and that it would make sense to connect to the utilities. Mr. Lentsch stated to hookup to utilities via Brookfield would cost approximately $20,000. He Planning Commission July 26, 1994 Page 5 explained that utilities from Arbor Court would cost approximately $40,000. Commissioner Friel stated that the cul-de-sac was to serve Lot 11, and Outlots A and B. He stated this is the appropriate access even though it is a private road. He stated that the City's power of condemnation would serve well the public's health, safety and well being. He further stated it would be appropriate to continue this public hearing and recommend to the City Council that the private roadway be condemned to provide appropriate and reasonable access to Outlot B. He further stated the expense would be minimal. He further stated he has discussed this possibility with the Mayor and the Mayor indicated the Council may entertain a discussion. In response to a question from Mr. Lentsch, Commissioner Friel stated it could take approximately one to two months if it is not pursued through the courts. Vice Chair Duggan stated that with the continuance, the applicant would have time to complete the requirements required by the City's ordinances in considering the wetlands, variance and rezoning request. Mr. Lentsch stated that a landscape plan would be difficult to provide until someone builds on the lot. Duggan stated a grading plan, drainage plan and site plan will need to be completed to ensure proper review by the Planning Commission and City Council. Mr. Lentsch stated he has potential buyers who would like to start building before winter. In response to a question from Commissioner Koll, Mr. Lentsch stated the potential buyers of Lot 7 are satisfied with the driveway going by their house. He further stated he was told the grade was sixteen percent (16) and that snow would be pushed to the east. He stated the Fire Marshal is okay with the driveway and that he has presented the best they can do without access from Brookfield. Commissioner Tilsen stated his concerns about the narrowness with the steep grade. He stated a vehicle could easily slip off the driveway. He further stated he concurs with Commissioner Friel's suggestions about condemnation. He stated it would be worth pursuing the use of Brookfield Drive. He stated that the driveway is roughly 400 feet which is a long way to bring garbage especially down a steep slope. He further stated that the City must consider future landowners and that new neighbors can disagree about use of driveway as homes change hands. Planning Commission July 26, 1994 Page 6 Tilsen stated that a site plan and the wetlands need to be delineated for Outlot B. He inquired about the elevation of the wetlands and where it begins. Public Works Director Danielson stated that the 879.2 is the controlled water elevation with a small increase during rain events. He stated it has not been determined the edge of wetlands with soil tests and vegetation. Commissioner Tilsen stated that retaining walls with a wider driveway is expensive and subject to failure. He stated Commissioner Friel's suggestion is the best idea and may be the most economical. Public Works Director Danielson stated that the first step in the process would be to negotiate with the Association before condemnation. Tilsen stated if the City becomes involved in this application, the City should meet with the Association to discuss access. Mr. John Nonni, resident of Kensington Manor Homes, stated he is against the condemnation process. He stated the Association is liable for sewer and water and that the street is not built to handle a twenty-five (25) ton cement truck. Danielson responded that Brookfield Drive has the same design has any public street. Mr. Nonni questioned if the wetlands will be filled in. Commissioner Friel stated that if the City condemns Brookfield Drive, then the City owns and maintains that street. He stated that the City's concern is good planning and that appropriate access should be provided to these lots. Mr. Lentsch stated there are still concerns with the driveway for Lot 7. Public Works Director Danielson stated sewer and water are stubbed in. Vice Chair Duggan stated the Commission can review the request for wetlands and variance. Commissioner Friel stated the Planning Commission cannot review these requests without knowing how the access question will be answered. Duggan stated he would be in favor of granting the rezoning request. Commissioner Tilsen stated the Planning Commission needs to have more information regarding grading, wetland setbacks and elevations before the Commission can consider the rezoning request. He stated minimal information has been submitted and the Commission needs to know they are not creating a problem by recommending the rezoning of this property. In response to a direction from Vice Chair Duggan, Mr. Lentsch stated he would provide the City with copies of the driveway plans which were provided to the Kensington Manor Homes Association to the City staff. Planning Commission July 26, 1994 Page 7 Commissioner Friel moved to continue the public hearing on the rezoning, variance and wetlands permit request until the Planning Commission August meeting and to recommend that the City Council give consideration to providing access through condemnation via Brookfield Drive. Vice Chair Duggan seconded the motion. Mr. Lentsch stated he would like to discuss with Planner Uban the expansion of the driveway and get more accurate information on the wetland boundaries. AYES: 5 NAYS: 0 VERBAL REVIEW Administrative Assistant Batchelder informed the Commission of City Council action on previous planning cases. Vice Chair Duggan suggested that City staff provide Mr. John Mathern, of Mendota Homes, with a list of information Mr. Mathern is required to submit for proper review of his request. Commissioner Friel stated computations on impervious surface area and net project area should be provided by Mr. Mathern. Batchelder further stated that Council has requested information regarding a market study on the demand for daycare in this area and traffic patterns. MISCELLANEOUS Vice Chair Duggan briefly commended Commissioner Koll and Administrative Assistant Batchelder on their efforts in coordinating the recent Celebrate Mendota Heights Parks! event. ADJOURNMENT There being no further business, the Planning Commission moved to adjourn its meeting at 9:17 o'clock P.M. Respectfully submitted, Kimberlee K. Blaeser Senior Secretary 1