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1994-05-24 Planning Comm MinutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PLANNING COMMISSION MINUTES MAY 24, 1994 The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, May 24, 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, Dwyer, Hunter, Duggan and Tilsen. Commissioner Friel had informed the Commission he would be late. Commissioner Dreelan was excused. 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 Hunter moved approval of the April 26, 1994, minutes with corrections. Commissioner Duggan seconded the motion. AYES: 5 NAYS g 0 ACKNOWLEDGE RESIGNATION OF PLANNING COMMISSIONER DREELAN The Commission acknowledged the resignation of Commissioner Carolyn Dreelan, effective June 1, 1994. Chair Dwyer stated Commissioner Dreelan had proven a true commitment throughout her tenure on the Commission and that it had been a pleasure serving with her. Chair Dwyer also invited the public to apply for the vacancy on the Commission. HEARING: CASE NO. 94-11 STRINGER - VARIANCE Chair Dwyer explained that Mr. Philip Stringer, of 1603 Dodd Road, has requested a variance for front yard setback and a variance to allow the enlargement of a non-conforming structure. Chair Dwyer explained that the Stringer's existing farm house is old enough to predate the platting of Wentworth Avenue and Dodd Road. He stated the home is a non-conforming structure since it encroaches on both street setbacks. He explained the Planning Commission May 24, 1994 Page 2 Stringers proposed to remove the existing attached garage and replace it with a two car garage and living space addition. Chair Dwyer stated that in order to remove the non-conformity, variances would be needed for the addition and the existing home. Chair Dwyer explained the Planner has listed a number of considerations the Commission needs to review. He stated that height of the structure and driveway orientation needs to be clarified. Mr. Stringer explained that 1,400 square feet of garage and living space will be added to the home. He stated the master bedroom will be located on the third floor with the garage entrance located on the base level. He stated the living space will be on the second level. Stringer stated the original design of the garage entrance was perpendicular to Wentworth Avenue. He stated that this has been changed to have the garage entrance facing the west. He stated with this design, they have allowed room for a turnaround so cars will not be backing out onto Wentworth Avenue. He stated they would screen the area with landscaping. In response to a question from Chair Dwyer, Mr. Stringer stated he does not have a new design indicating the changes to the garage entrance. He further explained that the location of the garage addition was to save backyard space. He stated he will have his architect prepare new plans. Commissioner Friel arrived at 7:43 o'clock P.M. Commissioner Tilsen inquired if Mr. Stringer would be willing to combine the guest parking with the west entrance. Mr. Stringer stated he has considered the front entrance on the east side. Commissioner Tilsen inquired about the height of the addition. Mr. Stringer responded it would be no higher than the existing house. Commissioner Tilsen stated that with the excavation, an additional story is added. He inquired if this would exceed the height limitations. Planner Uban stated that it appears the top of the roof of the addition is higher than the existing home. He stated that if the garage does not face Wentworth Avenue, then the contour of land will be lower. He stated that confirmation of the height needs to be made so building permit problems do not occur. Planning Commission May 24, 1994 Page 3 Commissioner Hunter stated he would like to see revised plans before the Commission makes a recommendation to the City Council. Chair Dwyer inquired, with the change in garage orientation, where the curb cut will be. Mr. Stringer stated it will remain where it exists today. Chair Dwyer stated that this request cannot be passed on to the City Council without a revised set of plans. In response to a question from Commissioner Friel, Mr. Stringer stated the lot size is under one acre. Commissioner Friel inquired if the architect had considered placing the addition to the south. Mr. Stringer stated that the old milk house would be in the way and that is why the addition will be to the west of home, as they desire to save the milk house. Commissioner Koll inquired about the landscaping. Mr. Stringer stated they have discussed installing an arborvitae barrier and evergreens along Wentworth Avenue and lilac bushes along Dodd Road. Chair Dwyer opened the meeting to the public. Commissioner Friel moved to table the hearing until June 28, 1994 at 7:30 o'clock P.M. to allow Mr. Stringer to submit: 1. Revised plan that accurately shows the driveway, parking and the revised garage alignment. This plan should also include topography and the location of proposed landscaping. 2. Revised sketch elevations that accurately depict the garage alignment and the height of the proposed structure. Commissioner Duggan seconded the motion. AYES: 5 NAYS: 0 HEARING: CASE NO. 94-12: ST. THOMAS ACADEMY - CUP FOR ACCESSORY STRUCTURES Chair Dwyer explained that St. Thomas Academy, located at 949 Mendota Height Road, was before the City early this year to receive a conditional use permit for their new athletic facility which included improvements to the athletic field and Planning Commission May 24, 1994 Page 4 new grandstand with lighting for evening games. Chair Dwyer stated that St. Thomas Academy is now requesting a conditional use permit to complete their athletic field facilities with the addition of a main gate and entry arch with ticket booths. He stated that a concession stand, south gate ticket booths and temporary bathroom facilities are also proposed. Mr. John Greying, Headmaster of St. Thomas Academy, explained that these improvements are a continuation of upgrades to the facilities already approved. He stated that these upgrades were not initially in the plans. Greying explained that additional funding, from private donations, had increased and therefore additional improvements can now be made. He stated that the new facility, with the improvements, will be aesthetically pleasing and safe for all. Mr. Gary Turpening, Architect for St. Thomas Academy, explained there are four proposed structures plus screening for the temporary bathroom facilities. He explained there will be two gated booths. One will be at the south gate adjacent to Mendota Heights Road and the other at the main gate with two ticket booths and an arched sculptural sign. In response to a question from Chair Dwyer, Mr. Turpening stated the south gate will be accessed off of Mendota Heights Road, Mr. Turpening explained the arched wrought iron sign over the gate will be constructed by the sculptor who has installed other work on the campus. He explained that the sign and lettering will be made out of iron fashioned to be transparent using just steel lettering in a sculptural arch. Chair Dwyer inquired as to the height of the arch. Turpening responded eighteen feet. Turpening stated the proposed concession stand will be 240 square feet in size and will be built with brick. He further stated the booth located at Mendota Heights Road will be of the same design. Turpening explained that the portable toilets will be screened with a wood frame and board structure with landscaping around it. Chair Dwyer inquired if there are any future improvements which St. Thomas is still seeking private donations. Mr. Graving responded there is a possibility this could happen. He stated there is a long range facility planning process which is on-going currently. He stated student growth and program expansion are all considered long range planning. He stated St. Thomas could return at any time. Planning Commission May 24, 1994 Page 5 Greying stated he would like to seek an amendment to the May 3, 1994 application to change the height of the six foot chain link fence to eight feet. He noted that safety and security are a real concern. He stated there is not a lot of visibility as there are no close neighbors. He stated the fence would be similar to that of Mendakota Park. Planner Uban stated a variance is needed for an eight foot fence. He stated that the ordinance reads six feet maximum and there is a separate clause for schools to be six feet. Commissioner Tilsen inquired about the setback for the ticket booth on Mendota Heights Road. Mr. Turpening responded thirty feet for the ticket booth and fifteen feet for the fence. Mr. Turpening explained that the purpose for the ticket booth along Mendota Heights Road is for the parking lot to the west. Tilsen inquired if an agreement has been reached with the office complex, to the west of St. Thomas Academy, to use its parking. Mr. Greying responded no formal written agreement has been reached. He stated they should pursue this further. Commissioner Tilsen noted his concern for encouraging pedestrian traffic to cross Mendota Heights Road. He stated there is no intersection. He questioned the appropriateness of having ticket booth at that location. Commissioner Tilsen stated that another fee and application would be necessary to request a fence height variance. Planner Uban concurred. Tilsen stated that this should be done separately as required by the City's Zoning Ordinance. Tilsen further stated that if someone can scale a six foot fence, they certainly could scale an eight foot fence. Tilsen noted his concern for the appropriateness of a ticket booth along Mendota Heights Road and the possible expansion of the main building towards the athletic facility (as stated on the original plan). Mr. Greying responded that the original plan was an old diagram proposing hockey. He stated that this is not being considered at this point in time. He stated that this area is also a natural building expansion area. Commissioner Duggan stated his son attends St. Thomas Academy and that he is an active supporter of the Academy. He stated he is proud to have the Academy in the community and that it is a real benefit. He stated he has a couple of reservations. He stated he has supported the concept of the ticket gate and the portable bathrooms. He stated St. Thomas has now expanded its efforts. He stated that the gate arch is functionally questionable - twenty -four feet wide, he agrees with the concerns of the south side ticket booth placement and that a six foot fence should be adequate. He stated that landscape Planning Commission May 24, 1994 Page 6 screening will hide any fence. He stated that his primary concern is for the concession stand in that it be self contained, well lighted and that the exterior material be matching brick. Commissioner Hunter stated he has no concerns with the two ticket booths and concession stand. He further stated that if people hop a six foot fence they will hop an eight foot fence. He inquired if parking on Mendota Heights Road is allowed. Public Works Director Danielson stated parking is allowed. Commissioner Hunter stated that parking will be encouraged with a ticket booth located so close to Mendota Heights Road. Chair Dwyer stated that St. Thomas Academy's request is a "fine tuning" exercise from the original request approved in March. Commissioner Friel inquired if this application is a new application for a conditional use permit or is it an amendment to the original conditional use approval. Planner Uban stated St. Thomas is seeking a new request. Administrative Batchelder stated the process is the same as for the original ) application. Commissioner Friel inquired if the average height rule applies to accessory structure for maximum height limitations. Planner Uban explained that the ordinance allows fifteen feet in height for accessory structures in the R-1 District, however, the ordinance is not definitive on whether this is a maximum height or an averaged heights as is the case with single family homes. Planner Uban stated building height is defined as the vertical distance from the average grade of the front building line to the average distance of the highest gable of a pitched or hip roof. Chair Dwyer stated the height of the arch is eighteen feet. Planner Uban stated the height of the arch was not known until this evening. Mr. Turpening stated the break of the roof is about fifteen feet. Commissioner Friel stated the peak of the roof does not come into averaging for an accessory structure. Planner Uban cited Section 4.5(2) of the Zoning Ordinance and he stated the Ordinance is unclear about absolute or averaging of height and that it would not be unreasonable to average "building height" for these structures. Commissioner Duggan inquired if the arch is a part of the structure or is considered an accessory structure. Planner Uban responded the arch appears to be a part of the accessory ) structure system. He stated the arch could be designed to not exceed fifteen feet. He stated that emergency vehicles need Planning Commission May 24, 1994 Page 7 to fit under the arch. He stated the appropriate clearance height needs to be clarified. He stated that signs, within the R-1 District, have a height maximum of ten feet. Commissioner Friel stated that the accessory structure ordinance states that if a property is over four acres then three accessory structures are allowed. Friel stated that the accessory structures St. Thomas Academy has requested and is requesting have exceeded the ordinance requirements. He stated the approval of the accessory structures which total 2,000 to 3,000 square feet of buildings make a mockery of the ordinance requirements. He stated he is concerned for setting precedent for future requests. He stated the City's ordinances are unclear and that the City is setting itself up for trouble. Chair Dwyer responded that Commissioner Friel's concerns were raised during the last request and that at this time, the Planning Commission is charged to make a recommendation based on the current request. Commissioner Friel stated the City Council did not want to hold St. Thomas up in constructing the facility due to the need for the City to clarify its ordinances. He stated there has been no follow up in clarifying the ordinances and that he will continue to have concerns. Commissioner Koll inquired how many people may be using the south gate. She stated this is a dangerous situation with the distance from the street to the south gate. Commissioner Duggan stated St. Thomas will have security and that they will be charged to watch the traffic. Mr. Graying stated that approximately 900 people could be using the facility and that 2/3 of the people may be St. Thomas Academy fans who would be using the Academy's parking lot. He stated that visitors could still use the parking lot. He stated he shares the Commission's concern regarding safety at the south gate. Mr. Greying further stated that fans usually come in cars and that visiting teams travel by bus. Chair Dwyer stated he would be concerned if buses were allowed to park on Mendota Heights Road. Commissioner Koll inquired about the landscape plan. Mr. Turpening reviewed the landscape plan as originally proposed. Mr. Graying stated there will be a double row of trees along Mendota Heights Road and Lake Drive. Turpening stated the landscape plan is being modified by a landscape architect. He stated they will be adding landscaping. Chair Dwyer opened the meeting to the public. There was no Commissioner Commissioner AYES s 6 NAYSL, 0 Planning Commission May 24, 1994 Page 8 one present to discuss this request. Duggan moved to close the hearing. Tilsen seconded the motion. In response to a question from Commissioner Tilsen, Mr. Graving stated St. Thomas Academy's site consists of 52 acres. Commissioner Friel moved to recommend that the City Council grant St. Thomas Academy a Conditional Use Permit to construct: a. Two ticket booths on the northeast side of their athletic facility as presented in their proposal to the Planning Commission, each to be approximately 90 square feet in size; b. One ticket booth at the southeast side of the athletic facility as presented in their proposal to the Planning Commission to be approximately 50 square feet in size; c. One permanent concession stand not to exceed 240 square feet to be located as provided in their proposal to the Planning Commission near the main entrance to the athletic facility; subject to the following conditions: 1. None of the above structures shall exceed 15 feet in height; 2. Flag poles on the ticket booths shall not extend to a height above ground in excess of 22 1/2 feet; 3. This grant of conditional use permit be subject to the same conditions as set forth in the conditional use permit grant evidenced by City Council Resolution No. 94- 22 adopted March 15, 1994; and 4. That this grant of conditional use permit be subject to the City Council first adopting amendments to its zoning ordinance which specifically address the construction of athletic facilities in the City (such as this athletic field for football) which will draw significant numbers ) Planning Commission May 24, 1994 Page 9 of spectators in order to properly address public health, safety, and welfare issues not now addressed by the City's ordinances because the accessory structures provisions of the existing ordinance are not designed to address and are not adequate to address such athletic facilities. AYES: 3 NAYS: 3 DWYER, DUGGAN, HUNTER MOTION FAILS Chair Dwyer moved to recommend that the City Council grant St. Thomas Academy a Conditional Use Permit to construct: a. Two ticket booths on the northeast side of their athletic facility as presented in their proposal to the Planning Commission, each to be approximately 90 square feet in size; b. One ticket booth at the southeast side of the athletic facility as presented in their proposal to the Planning Commission to be approximately 50 square feet in size; c. One permanent concession stand not to exceed 240 square feet to be located as provided in their proposal to the Planning Commission near the main entrance to the athletic facility; subject to the following conditions: 1. None of the above structures shall exceed fifteen feet in height; 2. Flag poles in the ticket booths shall not extend to a height above ground excess of 22 1/2 feet; 3. This grant of conditional use permit be subject to the same conditions as set forth in the conditional use permit grant evidenced by City Council Resolution No. 94- 22 adopted March 15, 1994; and Chair Dwyer further moved that the City Council be urged to adopt amendments to its zoning ordinance which specifically address the construction of athletic facilities in the City (such as this athletic field for football) which will draw significant numbers of spectators in order to properly address Planning Commission May 24, 1994 Page 10 public health, safety and welfare issues not now addressed by the City's ordinances because the accessory structures provisions of the existing ordinance are not designed to address and are not adequate to address such athletic facilities. AYES: 4 NAYS 2, FRIEL, KOLL MOTION PASSES The Planning Commission directed St. Thomas Academy to apply for a fence height variance. Mr. Greying requested a refund as he believes the request for additional improvements is a continuation from the original conditional use approval on March 15, 1994. Chair Dwyer informed Mr. Greying that the Planning Commission is only and advisory board to the Council and that a request for a refund should be directed to the City Council. VERBAL REVIEW Public Works Director Danielson informed the Commission of City Council actin on previous planning cases. MISCELLANEOUS Commissioner Tilsen stated that MGM Liquor has moved out of Mendota Plaza. He requested that staff contact Mr. Paster and direct him to remove the MGM sign. Public Works Director Danielson stated he would contact Mr. Paster. ADJOURNMENT There being no further business, the Planning Commission moved to adjourn its meeting at 9:15 o'clock P.M. Respectfully submitted, Kimberlee K. Blaeser Senior Secretary