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1994-03-22 Planning Comm MinutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PLANNING COMMISSION MINUTES MARCH 22, 1994 The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, March 22, 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 Commission members were present: Dreelan, Dwyer, Hunter, Duggan and Tilsen. Commissioners Friel and Koll were 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 Duggan moved to approve the February 22, 1994 minutes with corrections. Commissioner Tilsen seconded the motion. AYES: 5 NAYS: 0 HEARING: CAO NO. 94-01: HUNTER - CRITICAL AREA VARIANCE Chair Dwyer introduced Dr. and Mrs. Stephen Hunter's request for a critical area variance which would allow them to build a deck on an existing foundation of a summer home which had been destroyed by fire several years ago. Dwyer explained that this variance is necessary to place a structure at the proposed setbeck. He further explained the intent of the Critical Area Ordinance is to protect the beauty of the bluff line. Commissioner Hunter announced that he would not participate in the discussion and abstain from voting of his application. Ms. Ann Hunter, of 1171 Orchard Place, briefly described the packet materials which included a letter of intent, a structural engineer's report and the planner's report. She stated some of the Planning Commissioners had visited the site. She further offered pictures of the site to those Commissioners who did not visit in person. ) Planning Commission Minutes March 22, 1994 Page 2 Chair Dwyer inquired if the deck is twenty feet wide. Mrs. Hunter responded yes. She stated the deck will extend five to six feet. Chair Dwyer stated there will be 120 square feet of deck projecting over the bluffline. Dwyer inquired of the vertical dimension. Dr. Hunter stated the vertical profile will be four feet including the deck support. Commissioner Tilsen stated the existing vegetation should be maintained. He stated the cantilever will shade the vegetation and it may die off. He stated it is hard to visualize the sun angle and shading on the vegetation. He inquired if the overhang could be limited to three feet to minimize shading. He further stated the issue of hardship is clear but wondered how much of the deck should really extend over what is already there. He further stated that the construction of the deck seems to be a reasonable solution to the foundation and its problems. He further stated that extra vegetation would help. Commissioner Duggan stated the owners will do their best to enhance the landscaping. He stated the westerly sun seems adequate and that he is favorable with the application. Commissioner Dreelan inquired how much repair is needed on the foundation. Mrs. Hunter responded there will be minimal surface repair and that there will be some block replacement. Dreelan inquired about the brick chimney. Mrs. Hunter stated the chimney will be incorporated into the foundation of the deck. Chair Dwyer stated he cannot recommend approval of this request because of other Critical Area requests which have been denied in the past. He stated a swimming pool request had been denied and the Frye/Katz's were severely restrained. He stated a six foot projection onto the bluffline is setting too much precedence. He stated the Critical Area District was created to prohibit this type of infringement. Mrs. Hunter stated the deck will not be seen from across the river. She stated the deck will cause little visual impact. Mrs. Hunter further stated the swimming pool comparison has no relevance with this request as this foundation already exists. She further stated the vegetation has already recovered, especially the sumac, from the fire. She stated the six foot canopy will have a minimal impact on the sumac. Chair Dwyer opened the meeting to the public. There was no one present to discuss this matter. Planning Commission Minutes March 22, 1994 Page 3 Commissioner Duggan moved to close the public hearing. Commissioner Tilsen seconded the motion. AYES: 4 NAYS: 0 ABSTAIN: 1, HUNTER Commissioner Tilsen stated Chair Dwyer makes some very good points in stating the structure may be too large. He stated that, however, the view of the bluffline from the adjacent properties will not be affected. He stated most of the view from the neighboring properties are block by the existing house anyway. Tilsen stated the pad should be okay to cover with the deck. He inquired if they do have a right to go beyond it with the extended canopy. Dr. Hunter stated some of the foundation is already over the bluffline. He stated the entire deck needs a variance anyway as did the house. He stated they are just trying to improve the foundation. He stated the bluffline goes through the middle of the foundation. Chair Dwyer stated he cannot in good faith recommend a six foot cantilever. He stated this could be opening "floodgates" with a precedence that other homeowners could also request. In response to a question from Chair Dwyer, Planner Uban briefly explained the ordinance restriction that if a structure is destroyed, it cannot be enlarged. He stated he felt that this request was a judgment call in that it is not a two story structure and that the cantilever will be hidden. He stated that the Commission's decision should be based on if the structure is an improvement or an enlargement and how far it extends to the river. Planner Uban stated there is not much of an impact as if the Hunter's were rebuilding a summer home. Commissioner Tilsen noted that if there ownership in the future, they may decide deck. Commissioner Duggan moved to recommend that grant the Critical Area Variance with new installed in the fire damaged area. Commissioner Dreelan seconded the motion. AYES: 2 NAYS: 2 DWYER, TILSEN MOTION FAILS was a change of to screen in the the City Council plantings to be Planning Commission Minutes March 22, 1994 Page 4 Commissioner Tilsen moved to recommend that the City Council approve the Critical Area Variance conditioned upon the cantilever not exceed one foot beyond the foundation using the design as indicated on the submitted plan. Chair Dwyer seconded the motion. AYES: 4 NAYS: 0 HEARING: CASE NO. 94-05: CONSTABLE - (R.L. JOHNSON) VARIANCES Chair Dwyer introduced Mr. David Constable, representing R.L Johnson Warehouse located at 2360 Pilot Knob Road. He explained that R.L. Johnson has experienced the loss of property, parking and access due to the taking of 2.6 acres of land for relocation of Highway 13, widening of Highway 55 and the realignment of Pilot Knob Road by the Department of Transportation. He stated with the taking of this property, the building has been placed in non-conformance status. Mr. Constable briefly described the MnDOT takings and why the variances are needed. He explained that a landscape coverage - green area variance is required. He explained that due to the taking of the property the green area space has been reduced approximately 8.2 percent from the required 25 percent, which leaves 16.8 percent of the site in green area. He explained that this calculation does not include the pond area. Mr. Constable stated that the State has not yet determined the exact location of the road. He stated that the building setback could be approximately 18 feet to 21 feet from the road. He stated the building is presently setback 69 feet. Chair Dwyer stated 40 feet is required. Mr. Constable stated the building has been in full compliance, but with the MnDOT taking, the building would be considered non-conforming without the variance to building setback. Mr. Constable explained the sign would be setback 20 feet just north of the entrance. Commissioner Duggan inquired about the existing security shed. Mr. Constable responded that the former tenant, Target, used this shed and that it will no longer be used and will not be replaced. Planning Commission Minutes March 22, 1994 Page 5 Chair Dwyer stated there are 347 parking spots available and that the number of parking spaces will be reduced to 276. Mr. Constable explained the proposed truck turnaround and that the area for the truck through traffic has been proposed to accommodate movement in the loading area due to the loss of the second access onto Pilot Knob Road. Chair Dwyer stated the Fire Chief has reviewed the drawing and has stated he is comfortable with the single access and interior space for fire fighting operations. He noted that the building is fully sprinkled. Chair Dwyer inquired if the applicant would agree to connect all parking lot drainage to the storm pond on site. Mr. Constable answered yes. Chair Dwyer opened the meeting to the public. There was no one present to comment on this request. Commissioner Dreelan inquired if there will be berming/landscaping provided. Mr. Constable distributed a landscape plan to the Planning Commission. Commissioner Dreelan inquired about the existing fence. Commissioner Duggan inquired if there is adequate truck turnaround with the placement of the fence. Mr. Constable stated the fence will be removed. In response to a question from Commissioner Duggan, Mr. Constable stated fill will be brought onto the site due to the slope of the grade. In response to a question from Commissioner Dreelan, Mr. Constable stated the State will be raising the roadway significantly and that berming the area along Highway 13 would not be necessary. He stated that if berming were done, the pond would need to be filled in order to get the berm higher than Highway 13. Chair Dwyer inquired about the lighting standards for the lot. Planner Uban explained the Zoning Ordinance controls only the spillage of light onto a property within the Industrial Park. Mr. Constable stated they will be relocating the lights and that there will be a minimum of four. Commissioner Duggan inquired about the height of the fence. Mr. Constable stated the fence would be relocated with the same height. Mr. Constable stated the fence height is ten feet. Public Works Director Danielson stated the approved height of the original, existing fence would be researched to see if variances had been granted. Planning Commission Minutes March 22, 1994 Page 6 Commissioner Tilsen inquired how much fill would be brought onto the site. Mr. Constable responded about 90,000 cubic yards. He further stated trees will be removed. Commissioner Tilsen inquired that if 400 cubic yards of fill is being moved onto the site, is a Conditional Use Permit needed. Public Works Director Danielson stated yes. In response to a question from Commissioner Tilsen, Planner Uban explained that the applicant loses flexibilities in improving the site if the warehouse were to remain in non- conforming status. He further explained if the building were destroyed by fire, all conformities would have to be met. Planner Uban stated that these conditions presented are not of the applicant's making and that it was caused by MnDOT and therefore a hardship can be considered. In response to a question from Chair Dwyer, Mr. Constable - stated the building could operate as total warehouse space without office space. He stated the original parking was approved to have flexibility to move to office space. Commissioner Tilsen moved to close the public hearing. Commissioner Hunter seconded the motion. AYES: 5 NAYS: 0 Commissioner Hunter moved to recommend that the City Council grant variances as requested to the Landscape/Coverage Green Area, Building Setback, Sign Setback and Parking requirements. Commissioner Duggan seconded the motion and further added that further consideration be given to the truck turnaround area radius, four lighting standards be met and that a variance to height of fence be granted. Duggan further amended the motion by adding the applicant will need to connect all parking lot drainage to the storm pond on the site. It was noted by the Planning Commission that the applicant will need to return to the Planning Commission for a Conditional Use Permit for fill at a later date if it is determined to be necessary. Commissioner Hunter accepted the friendly amendments. AYES: 5 NAYS: 0 Planning Commission Minutes March 22, 1994 Page 7 HEARING: CASE NO. 94-03: TUMINELLY - SUBDIVISION Chair Dwyer explained that Mr. Tuminelly presented a subdivision request at the Planning Commission meeting of February 22, 1994. He stated that request had been denied based on the flag lot configurations. He explained that Mr. Tuminelly is now before the Planning Commission with a revised subdivision plan. Mr. Carmen Tuminelly, owner of 3.5 acres located in the northwest quadrant of I-35E and Trunk Highway 110, presented his revised subdivision plans. He explained that the new plan eliminates one lot, thus creating a pattern where all lots will have frontage on a public cul-de-sac. He explained that each lot will have its own driveway to the cul-de-sac with 100' lot width at the building setback line. Tuminelly explained the homes will be placed further away from Highway 35-E which reduces the concern for noise impacts from the interstate. He further explained that this also increases the average lot size and reduces the amount of traffic generated from this particular subdivision. Tuminelly stated that each lot will have water and sewer connections. Mr. Tuminelly stated, as per Planner Uban and Public Works Director Danielson's suggestion, that he will add a fire hydrant to the cul-de-sac area. He stated there will be three fire hydrants for this subdivision. He further stated he will not be losing any trees. In response to a question from Chair Dwyer, Mr. Tuminelly stated he will be willing to participate in road improvements for the Highway 110 frontage road. He stated that MnDOT currently controls this road. Mr. Tuminelly stated this road needs to be improved and that it needs a turn lane. Public Works Director Danielson stated that MnDOT has talked about turning over this roadway to the City. He stated a deceleration lane needs to be provided on Highway 110. Danielson stated the frontage road is in bad shape. He further stated the street is 20 feet wide. Mr. Tuminelly stated the entire length of the road needs to be resurfaced. Planning Commission Minutes March 22, 1994 Page 8 In response to a question from Chair Dwyer, Mr. Tuminelly stated he will not pay for the entire road improvement project, but that he will participate in improving the road from the end of the street which serves the cul-de-sac. He stated he has a pretty good rapport with the State and that he would do his best to help the City in improving the road. Commissioner Duggan noted his concern for the impact on the road with the construction of three new homes. He inquired if the City could hurry the process in improving the road. Duggan further suggested that Mr. Tuminelly consider having one garbage company service the area. Mr. Tuminelly stated he would. Commissioner Tilsen stated that this plan is much improved. He inquired if, on Lots 1 and 2, the boundary line could be modified in order to proportion lot sizes more equally. Mr. Tuminelly responded that there are specific house plans for specific lots. In response to a question from Commissioner Tilsen, Public Works Director Danielson stated there is existing street/ditch drainage. He further explained that street improvements include curb and gutter on the residential side only and then ditch drainage on the highway side. In response to a question from Commissioner Duggan, Mr. Tuminelly stated the existing house's driveway will be improved to look like the new driveways. Mr. Tuminelly also stated he will restrict future subdivisions with a deed restriction document. In response to a question from Chair Dwyer, Mr. Tuminelly stated he will relocate trees and move trees onto the site. He stated this work would not be completed until after the development has been commenced. He stated the dirt will come from the digging of the foundations. Mr. Bill Brown, McLagen and Sons Surveying, stated there will be 24 new spruce trees moved onto the site. Chair Dwyer opened the meeting to the public. Mr. Vladimir Lyman, Crown Point Addition, inquired about the amount of trees. He noted his concern in losing trees. Chair Dwyer inquired if there will be any trees lost. Mr. Tuminelly responded that there will be a minimal amount of trees lost. Planning Commission Minutes March 22, 1994 Page 9 Mr. Brown stated that the proposed lots are triple the size of a standard residential lot in Mendota Heights. He stated the trees shown on the plans are considered scrub trees. He stated some of the trees can be worked around. He stated a number of the trees can be removed and replanted. Mr. Dan Molokov, 912 Crown Point, stated trees will have to be lost due to the placement of the homes. Mr. Rich Leitner, Crown Point, inquired if there have been noise readings taken from the I-35E noise. Public Works Director Danielson stated the test indicated that noise levels are at or above acceptable minimum federal standards. Commissioner Hunter moved to close the public hearing. Commissioner Tilsen seconded the motion. AYES: 5 NAYS: 0 Commissioner Tilsen noted that one variance to Lot 1 will be needed. He further discussed lot width variances. Commissioner Duggan moved to recommend that the City Council grant the subdivision with a lot width variance for Lot 1 subject to trees being planted along the highway and that the property be deeded for no further subdivisions. Commissioner Hunter seconded the motion. AYES: 5 NAYS: 0 MISCELLANEOUS Chair Dwyer stated the City Council desires to hold a joint workshop with the Planning Commission to discuss the Highway 55 Corridor. He stated that April 14 and 21 have been considered as possible dates for the workshop. Commissioners Hunter and Dreelan indicated that both dates would be acceptable. Commissioner Duggan informed the Commission that Thursday night meetings are not convenient. Chair Dwyer stated he could not attend the April 14th meeting. VERBAL REVIEW Public Works City Council ADJOURNMENT There being adjourned at Respectfully Planning Commission Minutes March 22, 1994 Page 10 Director Danielson informed the Commission of action on previous planning cases. no further business, the Planning Commission 9:20 o'clock P.M. submitted, Kimberlee K. Blaeser Senior Secretary