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1993-12-28 Planning Comm MinutesCITY OF MENDOTA .AEIGHTS DAKOTA COUNTY, MINNESOTA PLANNING COMMISSION MINUTES DECEMBER 28, 1993 The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, December 28, 1993, 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: Dwyer, Duggan, Tilsen, Dreelan, Friel and Koll. Commissioner Hunter was absent. Also present were Public Works Director Jim Danielson, Planning Consultant John Uban and Administrative Assistant Kevin Batchelder, APPROVAL OF MINUTES Commissioner Duggan moved approval of the October 26, 1993 minutes with corrections. Commissioner Tilsen seconded the motion. AYES: 5 NAYS: 0 ABSTAIN: 1, DWYER Commissioner Duggan moved approval of the November 23, 1993 minutes with corrections. Commissioner Koll seconded the motion. AYES: 3 NAYS: 0 ABSTAIN: 3, FRIEL, DWYER, TILSEN HEARING: CASE NO, 93-29: STARY - VARIANCE Mr, Richard Bjorklund was present on behalf of Mr. Frank Stary of 983 Diego Lane. Chair Dwyer explained that the Stary's application was being proposed to allow them to convert their current single stall garage into living space and replace this with a 14' by 22' new single stall garage. Dwyer explained that a six foot (6') front yard variance would be needed for this proposal. Dwyer also stated that the Planning Consultant report raises a question of whether a one car garage is acceptable because the Zoning Ordinance requires a two stall garage be built concurrently with new construction. Planning Commission December 28, 1993 Page 2 Mr. Bjorklund stated that this home is located within the north end of the City where neighborhoods have predominately one car garages. Mr. Bjorklund stated that the Stary's son needs in -home care and that extra living space is needed. Mr. Bjorklund stated they are proposing a new single stall garage to replace the existing garage which will be converted to living space. Mr. Bjorklund stated he is aware of the two car requirement with new construction. Mr. Bjorklund stated that the new proposed 14' by 22° garage would require a six foot (6 °) front yard setback variance. He stated that the Stary house is a rambler home and the projection of the garage forward towards the front yard breaks up the long front wall. Mr. Bjorklund stated this proposal avoids encroaching on the side yard setback and that he feels it is a reasonable request. Bjorklund stated this improvement should increase the home's valuation and help improve the neighborhood. Mr. Bjorklund stated a new two car garage would really encroach on the setbacks and that this home has an extra large front yard right -of -way due to the curvature of the street in front of the home. Mr. Bjorklund distributed pictures of the home and the street curvature to demonstrate that the six foot (6 °) front yard encroachment will not make much of a difference due to the geometry of the property. Bjorklund stated there is extra right -of -way in front of the Stary home due to the curvature in the street alignment. Chair Dwyer opened the public hearing. There was no one present to comment on the Stary Variance request. Commissioner Tilsen stated a thirty foot (30 °) front yard setback is the guideline that the City goes by for single family neighborhoods, however, due to the unusual geometry of the street and the lot and the fact that there is a larger than normal boulevard he will support this request. Tilsen inquired if a variance was necessary for the two car requirement. Commissioner Duggan stated he feels a one car garage is appropriate in this neighborhood. Duggan inquired about the preservation of the tree on the east side of the property and the location of the driveway for the new garage. Mr. Bjorklund responded that the same curb cut will be used and that the driveway will be doglegged over to the new garage. Commissioner Duggan commented that the driveway is currently right at the intersection in front of this home and that the Planning Commission December 28, 1993 Page 3 residents should be aware that traffic hazards may be present. Chair Dwyer stated he is not sure there is a need for a variance to the two car garage requirement. Chair Dwyer stated he feels this house is grandfathered in and that the two car garage requirement is to be "concurrent" with new construction. Commissioner Dreelan stated a one car garage fits this neighborhood and that it would be appropriate for this house. Commissioner Friel stated he is sure a variance is not required for the two car garage and in that respect, he agrees with the Planner's Report. Friel stated there is an unusual circumstance with this lot in that a larger than customary setback and right -of -way exits in front of the home. Friel stated that even with this proposal and its six foot (6 °) encroachment on the front yard, this garage will still be setback further from the curb than typically required due to the large right -of -way. Commissioner Koll thanked the applicant for shoveling the property and staking the corners as it made it easier for her to view the proposed location of the garage. Koll stated this will be a nice addition to the neighborhood. Commissioner Duggan moved to close the public hearing. Commissioner Tilsen seconded the motion. AYES: 6 NAYS: 0 Commissioner Koll moved to grant a six foot (6') front yard setback variance as proposed. Commissioner Friel seconded the motion. AYES: 6 NAYS: 0 HEARING: CASE NO. 93 -30: EFH COMPANY - AMERICAN RED CROSS - VARIANCE Chair Dwyer explained the request for variances to allow construction of the American Red Cross building. Dwyer explained that the applicant is requesting a front yard along a major thoroughfare setback variance, a parking lot setback variance and a proof of parking variance. Planning Commission December 28, 1993 Page 4 Mr. Gene Happe, representing the American Red Cross as the developer, stated that he had reviewed the Planner's Report and would like to give the Planning Commission some background on this proposal. Mr. Happe stated he had received the bid from American Red Cross to do the building in October. He stated that originally he had considered two other sites in Mendota Heights, one being the MIST site on the east of Northland Drive and the other being the site just south of Turner's Gymnastics. Mr. Happe stated that in mid November the City of St. Paul made strenuous efforts to site the American Red Cross building in St. Paul because of the 80 employees that would be in this building. Mr. Happe stated all of the sites in St. Paul had environmental problems and that is when they began looking at Lots 2 and 3 of Northland Plaza which is where tonight's proposal is located. Mr. Happe stated that the American Red Cross does not need site exposure and reiterated that he had originally negotiated for the lots to the east of Northland Drive. He stated Lot 2, to the east of Northland Drive, is narrow and steep and because of the topography did not work. Mr. Happe stated he had also searched for sites in the City of Eagan but the platting process would take three to four months in Eagan and he did not have time to wait for this process due to the American Red Cross' need to begin building soon in order to meet a federal mandate to have this building in operation by September. Mr. Happe stated that at this point the MIST site was considered again. Mr. Happe stated that of the three lots on the west side of Northland Drive there are two good lots for development, however, if you combine Lots 2 and 3 it makes an acceptable building site. Mr. Happe stated Lot 3 is severely constrained because of the easement for the NSP gas line. Mr. Happe stated the proposed building is 120' wide by 205' long and that this building fits on Lot 2 with the parking located on Lot 3 over the easement. Mr. Happe stated everything will work on this site except for the 100 foot setback required along major thoroughfares which, in this case, is Highway 55. Happe stated there will be 80 employees and the parking calculations require 116 parking spaces for this size building. Happe stated the 80 employees will not need this many parking spaces, however, they have designed the site plan to show 116 parking spaces with the parking lot setback variance needed for the future parking with the hopes that the City Council would grant proof of parking. Mr. Happe stated the 120 foot wide building requires a fifty foot (50') variance to the 100 foot setback along a major thoroughfare. Happe stated the building will still be 150 feet from the edge Planning Commission December 28, 1993 Page 5 of Highway 55 because there is a 100 foot right -of -way between the edge of the highway and the property line. Mr. Happe stated he feels there is a hardship presented for the variances requested in that Lots 2 and 3 should be used together in order to provide parking for a building of this size. Mr. Happe stated that the building requirements from the American Red Cross are that he provide a 16 foot clear span height on the interior. Mr. Happe stated he is providing the American Red Cross with a shell building with a 60 foot span to meet their lab requirements. He stated a pre - stressed aggregate paneling, similar to the Batesville Casket building, was chosen as the most appropriate material for this requirement. Mr. Happe stated that because of this, the plan is very similar to Batesville and he feels it fits the site well and the neighborhood. Mr. Happe stated that all the alternative sites which he had reviewed for this building were priced the same, however, in the case of the MIST site, the lots have not paid taxes for five years. Mr. Happe stated there are $370,000 of unpaid taxes and assessments on all of the MIST sites. Mr. Happe stated that this land had been forfeited and certified to the State of Minnesota, however, the owners can redeem the property prior to August of 1994. Mr. Happe stated that if he buys these two lots from MIST, $69,000 in back taxes will be paid. Happe stated if the taxes are not paid by October, and the land goes to auction, the City will get the assessments but not the back taxes. Happe stated the value of the MIST property is assessed at $360,000 and that the amount of back taxes and assessments owed is $370,000. Mr. Happe stated the American Red Cross is a tax exempt user however some communities have negotiated service fees from such land users. Chair Dwyer stated if this property were sold commercially then taxes would accrue to the City, however Chair Dwyer stated that this is probably not an appropriate consideration for the Planning Commission. Commissioner Tilsen stated that a 100 foot setback is a major issue. Tilsen stated the platting of these lots does not allow anything but a small footprint building due to the size of the lot and the size of the required setback. He stated the City's intention in zoning this B -3 with this size of a platted lot would be an office or strip mall with a thinner design such as a fast food restaurant that might use the balance of the lot for parking. Tilsen stated it is clear the platting and the zoning of this property did not intend for this type of configuration or land use. Planning Commission December 28, 1993 Page 6 Commissioner Tilsen stated a 100 foot setback from a major thoroughfare is an important guideline and good practice for the City. He stated this distance provided from highways allows for future highway expansions, allows for future turn lanes, allows for future dividers to be built and other future roadway improvements. He stated Highway 55 is already upgraded at this location north to Mendota Heights Road. Commissioner Tilsen stated he would hate to see the City change this ordinance requirement however he felt that this large of a setback requirement may not be appropriate at this location. Tilsen stated this is a dilemma as he feels the ordinance should be followed and that this is an appropriate guideline but that the lots in this location are tough to work with because of the requirement. Commissioner Duggan inquired if the other nine regional centers that American Red Cross is building across the country have similar exteriors. Mr. Happe responded that the center in Portland, Oregon is also tilt up panels and that the St. Paul site would be used as a model for the other sites. Commissioner Duggan inquired about signage. Mr. Happe stated American Red Cross has not indicated to him what type of signage they desire, however, he feels that they will have their name on the side of the building. Happe stated the American Red Cross will propose signage after he provides the building to them. Commissioner Duggan inquired if helicopters might be making deliveries to this site. Mr. Happe stated the American Red Cross building is a testing lab for donor blood for a five state region. Happe stated that blood files will be shipped to the airport and delivered to the Red Cross building by a service van. Mr. Happe stated the service van will unload in doors and that the blood files will be fed into__ a computer. He explained the results of the testing will be faxed back to the blood donation center and the medical waste will be removed by a medical waste disposal firm. Mr. Happe stated all of the waste will be contained within the building. Mr. Happe stated a utility area for cooling systems will be proposed on the southeast corner of the building. Commissioner Duggan inquired about the parking calculations and the five foot (5') corridors that were eliminated from the calculations. Mr. Happe stated the City's ordinance allows corridors and wall areas to be excluded from the parking calculations. Public Works Director Danielson affirmed this. Commissioner Duggan stated there will be 80 employees and inquired about the 28 spaces shown as proof of parking on the westerly and southern edge of the parking lot. Mr. Happe Planning Commission December 28, 1993 Page 7 stated they are asking for a 2 1/2 foot parking setback variance where the proposed future parking is shown. Commissioner. Duggan inquired if the American Red Cross was willing to heavily landscape the site to enhance the value of the property. Chair Dwyer inquired if Commissioner Duggan felt the fifty foot (50°) variance was a problem. Duggan responded he feels the variance to the front yard setback is appropriate and that he feels the construction of this building would help clean up the area and start the development of this area. Mr. Happe stated fifty-two (52) regional testing centers have been mandated by the federal government to be consolidated into ten (10) regional centers. Commissioner Duggan stated that more mature landscaping would be appropriate to enhance the value of this property given the fact that the land user will be a tax exempt use. Commissioner Duggan stated this is a large structure with big walls that need to be relieved by mature landscaping. Duggan stated he would have no problems with a similar variance to the other lot along Highway 55, however, he feels a restaurant may not work on Lot 1 due to the fact that traffic patterns are already going to other commercial centers. Chair Dwyer stated he feels the function of the 100 foot setback is satisfied in this area due to the large right-of- way of 100 feet in this area. Dwyer stated the Batesville building is a nice addition to this area. He stated he agrees with Commissioner Duggan that extra landscaping could be added to enhance this site and to help screen the concrete walls. Commissioner Dreelan inquired if freeway improvements were going to be made at this point. Administrative Assistant Batchelder responded that the highway work being done on Highway 55 is north of Mendota Heights Road and that Highway 55 from the south to Mendota Heights Road has been finished in this location and that there are not improvements planned for this area. Commissioner Dreelan inquired about hours of operation. Mr. Happe stated the hours of operation will somewhat depend on the hours of operation at the airport. He stated that access to the American Red Cross building will be off of Northland Drive. Mr. Happe stated the entrance door should be on the south wall and that the local architects have been doing the shell and site plans. Mr. Happe stated the American Red Cross architects in Bethesida, Maryland are doing the interior plans and that there may be some minor changes to door locations due to their input. Planning Commission December 28, 1993 Page 8 Mr. Happe explained there will be other emergency exits besides the front door which is shown on the plans and that this development will meet all fire and building codes. Commissioner Dreelan inquired if there will be Red Cross trucks parked in this location. Mr. Happe responded no and that only the service van which delivers blood files from the airport will be used. Mr. Happe stated that the trucks seen at the Red Cross center in St. Paul are because the center is a blood donation center. Commissioner Dreelan inquired if there will be any blood donations taken at this site or if it will only be used for testing. Mr. Happe stated that this is a blood testing site only. Mr. Happe stated that upon opening of this building there will be two months of training scheduled at this location but following the training schedule it will be a blood testing laboratory. Commissioner Friel inquired of staff who platted this property and when. Public Works Director Danielson stated that G and L Properties platted this property approximately ten years ago. Commissioner Friel inquired if this land had been certified to the State of Minnesota because of tax delinquency. Mr. Happe responded yes and that the Minnesota Indoor Soccer and Training is the owner. Friel inquired is this property is within the Tax Increment District. Administrative Assistant Batchelder responded yes. Friel inquired if the NSP gas line in this location preceded the platting of the property. Danielson stated yes. Commissioner Friel stated that the B -3 Zoning has a 100 foot setback along major thoroughfares as a guideline and that this is different than B -2 Zoning and B -4 Zoning. Friel stated this property has been in this situation for ten years and that the City realized this setback requirement when it established this land as B -3 Zoning. Commissioner Friel stated that the top of Page 3 in the Planner's Report discusses hardship and he agrees that there is no hardship shown on this proposal. Friel stated that if the City is going to consider variances to our guidelines then we are basically piecemeal planning land uses along Highway 55. Commissioner Friel stated that the site is planned inappropriately if it is going to vary from the established guidelines. Friel stated the City has to deal with land uses in the whole area instead of dealing with individual requests on two lots that will end up affecting land uses on adjacent lots. Friel stated he feels there is no demonstrated hardship and that he cannot vote in favor of this proposal. Planning Commission December 28, 1993 Page 9 Commissioner Koll inquired what is involved in the blood testing. Mr. Happe stated the American Red Cross had received a mandate from the federal government to provide a system that better screens their blood supply. Mr. Happe stated this new regional testing facility is completely computerized and that they will be testing blood for many factors including AIDS and Hepatitis. Commissioner Koll inquired about the volume of testing. Happe explained that this site and facility will provide 500,000 tests per year and that the largest facility of Red Cross will provide 600,000 tests and their smallest facility provides 300,000 tests. Commissioner Koll inquired about the hours of operation for the 80 employees. Mr. Happe stated he is not aware of the hours of operation. Koll stated her concern was that all 80 people will be entering this parking lot at one time and that there is only one access entrance. She stated her concern for - possible traffic jams with a single access point. Mr. Happe stated that another driveway access could be added if the City desires. Commissioner Koll inquired how deliveries will be made to this site. Mr. Happe stated that one service van will be transporting blood vials back and forth from the airport and would be running constantly during the day. Mr. Happe stated that this van would be delivering shipments from a five state region and that a requirement of the American Red Cross was to be within 10 minutes and 10 miles from the airport. Happe stated the service van will unload indoors. Commissioner Koll inquired if the developer could compare the plan to current site features. Mr. Happe provide some photography of the site and discussed with the Planning Commission current features and where they are located on the site plan. Commissioner Duggan inquired about traffic counts on Highway 55. Public Works Director Danielson stated that traffic counts before the bridge closure could be provided for the City Council meeting. Duggan inquired about the compact parking that was demonstrated on the proof of parking plan and the 28 spaces shown there. Planner Uban stated that a compact stall is two feet shorter than the required eighteen foot long parking stall. Commissioner Duggan stated the City should not get locked in to providing shorter stalls in a proof of parking plan. Duggan stated that the tax status of the American Red Cross is also an issue. Duggan stated the City should determine what is the best land use for this area and what mix of zoning Planning Commission December 28, 1993 Page 10 would work best in this area. Commissioner Duggan stated he is concerned with a last minute application and feels that another month of review would be appropriate. Commissioner Koll inquired about the grading and drainage. Public Works Director Danielson stated this area empties into the State of Minnesota Highway Department's stormwater system that was constructed with Highway 55 and Highway 1-494. Danielson stated that MnDOT has this storm sewer system in place and they must approve developments that will be placing water in the system. Danielson stated he feels the system is adequate to handle all of the hard surface development in this area. Chair Dwyer inquired what is the Planning Commission's pleasure for closing the public hearing. Dwyer stated that he felt the peculiar nature and narrow width of these lots provided a reason for granting a variance for this request. Dwyer stated he feels the American Red Cross and the developer have given a compelling argument for quick action on this case and that he is satisfied it is a worthwhile project for the City of Mendota Heights. Dwyer inquired what would the City do differently regarding the size of the building and the land use on this site. Dwyer stated the parking lot fine tuning with an extra access would help and additional landscaping would be something he would desire to see. Commissioner Tilsen stated that the B-3 requirement of a 100 foot setback along a major thoroughfare is appropriate, however the fifty foot (50°) setback request is not inconsistent either. Tilsen stated that this use on this property is appropriate but the real question is does the use fit the existing zoning and if not is the zoning inconsistent. Tilsen inquired how many B-3 districts there were in the City of Mendota Heights and suggested that may be the ordinance should be changed to a fifty foot (50') setback along major thoroughfares. Tilsen stated he has no problem with this proposed building on this lot and he respects the applicant's need to hurry to the City Council and feels the extra right- of-way from the edge of the highway to the property line provides adequate setback. Chair Dwyer stated he feels the applicant should not be delayed inappropriately while the City discusses whether there are inconsistencies in the B-3 Zoning District. Commissioner Friel disagreed with Chair Dwyer and stated the City has made planning decisions with the zoning and platting of this property. Friel stated that by granting a variance in this location amounts to replanning it. Friel stated that he Planning Commission December 28, 1993 Page 11 feels this will be piecemeal planning of this site and that he is concerned with the fit of this building on this property. Friel stated the American Red Cross is a good land use however all developers claim they are in a hurry. Commissioner Koll moved to close the public hearing. Commissioner Friel stated that if the Planning Commission should determine that there needs to be more thought given to the zoning and ordinance requirements in this area we probably do not want to close the public hearing. Commissioner Friel moved to continue the public hearing in order to allow the City time to focus on planning considerations in this area. Commissioner Tilsen seconded the motion. Commissioner Duggan stated that the Robert's Rules of Order dictate that the motion made by Commissioner Koll should be considered first. Chair Dwyer concurred and gave the floor to Commissioner Koll. Commissioner Koll moved to close the public hearing. Mr. Happe stated that for the record this land use is permitted under the B-3 Zoning guidelines. Chair Dwyer stated that it was a front yard setback issue for the Planning Commission consideration. Chair Dwyer seconded the motion and stated he would like to pass on a recommendation to the City Council this evening. AYES: 4 NAYS: 2, TILSEN, DUGGAN Commissioner Duggan stated that all of the planning materials required in Section 19.4 had not been provided as per Ordinance. Duggan stated that a completed checklist should have been provided with this application. The Commission inquired if this was indeed a requirement. Administrative Assistant Batchelder stated that Section 4.17 of the Zoning Ordinance requires all applications for building permits in the "B" or "I" Zones shall be submitted for City Council approval and shall comply with the provisions of Section 19.4 of the ordinance. Batchelder stated the applicant had provided an application for variances as per the ordinance. Batchelder stated that no grading plan had, as of yet, been submitted as required under the variance procedures. Planning Commission December 28, 1993 Page 12 Commissioner Duggan inquired if one month would set back the American Red Cross plans. Mr. Happe stated he has been asked by the Red Cross to provide a shell building by a certain date and that delay would seriously harm those plans. Commissioner Tilsen inquired how many B -3 Zoning Districts are within the City of Mendota Heights. Planner Uban responded that there are two other small sites within the City that are B -3 zoned. Uban also stated the B -1A District also has the 100 foot setback requirement along major thoroughfare. Uban stated it would take the City approximately three months to consider rezoning issues in this area. Uban stated that the key question is whether this area should have service business land uses. He stated that an opportune place for service business land uses on Highway 55 would be at this intersection. He stated these types of business service uses would be automobile repair, gas stations, cleaners, convenient stores, etc. Uban stated the B -3 zone does not allow fast food restaurants. Uban stated if the City's desire is to correct an ordinance setback, that this could be done as an ordinance adjustment independently of the American Red Cross request. Uban stated a business service issue for B -3 zone or the proposed use is something that could be pursued at a later date independent of tonight's discussion. He stated the 100 foot setback helps allow business service uses by restricting the size of buildings. Commissioner Duggan read the permitted uses in the B -3 zone from the Ordinance. He stated that these uses typically would have smaller buildings than what is proposed tonight. Chair Dwyer stated this site is along the gateway to Mendota Heights on Highway 55 and that he would much rather have the American Red Cross building located here than a tanning salon. Uban stated that the corner lot (Lot 1) is probably the most valuable lot for any type of convenience store or business service land use. Commissioner Tilsen stated that another driveway access should be required for this site plan. Commissioner Tilsen inquired about the garage door service van entrance on the southeast side of the building. Tilsen stated two driveways on two lots would not be uncommon. Mr. Happe indicated that the garage door would probably be moved from the west side of the building along Highway 55 to the east side of the building closer to Northland Drive. Mr. Happe stated a second driveway access is okay if the traffic, engineering and safety works. Planning Commission December 28, 1993 Page 13 Commissioner Tilsen stated the garage door would be better if it was removed from the front door entrance. Tilsen stated he would like to see accommodations made for trailways along the east side of Highway 55. Commissioner Friel in response to Commissioner Duggan stated he feels the ramifications of granting a variance in this location would be that the area is being replanned on a piecemeal basis. Commissioner Friel stated he feels item number one in the Planning Report is something the City should pursue. Friel stated that another ramification is that Highway 55 will likely be a heavily traveled highway with the reopening of the Mendota Bridge and that there is a high likelihood of highway expansion at some point in the future. Commissioner Koll moved to deny the variance request to Section 17.4(5) of the Zoning Ordinance due to no proven hardship. Commissioner Friel seconded the motion. Chair Dwyer stated he will vote against this motion because he feels that a hardship has been satisfied for this front yard setback. Dwyer stated the function of the 100 foot setback has been satisfied due to the amount of right-of-way in this area. Dwyer stated he feels this is a good land use and would provide a better building than business services in this location. Dwyer stated the American Red Cross would be providing 80 jobs and prestige to this location. Dwyer stated he feels the applicant should not be made to wait while the City reviews what its elders have done in the past with the zoning in this area. He stated he feels this is a sincere application and that the Planning Commission should move along a recommendation to the City Council this evening. Commissioner Duggan stated he would like to see more landscaping included in the plan. Mr. Happe stated he will take back any landscape requirements requested for the review by the American Red Cross, however, he cannot decide their landscape budget for them. Commissioner Duggan stated he would like to see 40 percent increase in the size and maturity of the trees on the landscape plan. Planning Commission December 28, 1993 Page 14 VOTE ON THE MOTION: AYES: 2 NAYS: 4, DWYER, TILSEN, DUGGAN, DREELAN MOTION FAILS Commissioner Duggan moved to grant a fifty foot (50°) variance and the parking setback variance and the proof of parking variance with the following conditions: 1. That an additional driveway be added for the parking lot with the safety and engineering concerns addressed; and 2. That the overhead door, for the service van, be on the north or east side of the building; and 3. That the landscaping, as proposed, is acceptable except that the proposed trees and bushes should be increased in size and maturity by 25 percent; and 4. That the future parking be standard size parking stalls for 28 future spaces; and 5. That the applicants submit a lighting, signage and grading plan. Commissioner Dreelan seconded the motion. Commissioner Friel inquired if Commissioner Duggan was aware that the larger stalls are going to increase the parking lot setback variance. Commissioner Duggan stated he is aware that this would be the case. AYES: 3 NAYS: 3, KOLL, FRIEL, TILSEN MOTION FAILS Commissioner Duggan inquired if the building could be reduced in size. Mr. Happe responded no. Commissioner Duggan inquired if Mr. Happe could use Lots 1 and 2. Mr. Happe responded no, that there would be the same front yard setback along a major thoroughfare issue. Chair Dwyer inquired if Commissioner Tilsen could explain his nay vote. Commissioner Tilsen stated that he felt it was appropriate to have the lighting, signage and grading plan prior to a recommendation to the City Council and that he Planning Commission December 28, 1993 Page 15 would hate to pass on something that is not a workable plan due to lack of review. Commissioner Tilsen stated that he would move to make the same motion as Commissioner Duggan without the requirement for the 25 percent increase in the landscaping size and maturity. Commissioner Tilsen stated that condition should be changed to read "that the applicant will reasonably provide additional enhanced landscape ". Chair Dwyer seconded the motion. AYES: 3 NAYS: 3, KOLL, FRIEL, DUGGAN MOTION FAILS Commissioner Friel moved to recommend that this application be forwarded to the City Council without a recommendation. Commissioner Duggan seconded the motion. AYES: 6 NAYS: 0 VERBAL REVIEW Public Works Director Danielson provided a verbal review of City Council actions on previous Planning Commission recommendations including Deeb - Conditional Use Permit, Oskey - Wetlands Permit, McDonald's - Conditional Use Permit, Heaver - Variance and Arndt trail realignment request. Commissioner Duggan stated he was disappointed that City Council had allowed Mr. Deeb to keep his existing garage. Duggan stated Council is sending the Planning Commission mixed signals as previously the Council had indicated there should be no second garages. MISCELLANEOUS Administrative Assistant Batchelder reminded the Planning Commission of the holiday party and the R.S.V.P.'s which are needed. Commissioner Tilsen stated a townhouse development was occurring in Lilydale at the corner of Highway 13 and Victoria Road and that he had several concerns about the lack of a forum for residents of Mendota Heights that border this potential development. Tilsen stated that the developer has not yet had a public hearing or a public forum for any Mendota Heights residents to provide input. Planning Commission December 28, 1993 Page 16 Commissioner Tilsen stated there are six townhomes being proposed on a lot which consists of the old road realignment. Tilsen stated these townhomes would have to hookup to the City of Mendota Heights sewer and water system and that curb cut approvals would be needed from Dakota County. Commissioner Tilsen requested that the City of Mendota Heights request that Dakota County seriously consider providing the best driveway locations for this development. ADJOURNMENT There being adjourned at Respectfully no further business, the Planning Commission 9 :30 o'clock P.M. submitted, Kevin Batchelder Administrative Assistant