Loading...
1993-11-23 Planning Comm MinutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PLANNING COMMISSION MINUTES NOVEMBER 23, 1993 The regular meeting of the Mendota Heights Planning Commission was held. on Tuesday, November 23, 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: Koll, Dreelan and Duggan. Commissioners Tilsen, Dwyer, Friel and Hunter 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 '01 INUTES Vice Chair Duggan held over the approval of the October 26, 1993 minutes until the December meeting when there would be a quorum. The Planning Commission decided to proceed without a quorum so that each case could be reviewed. CASE NO. 93-27: OSKEY - WETLANDS PERMIT Mr. Tim Oskey, of 671 Apache Lane, was present to discuss his request for a Wetlands Permit to allow the construction of a thirty-six inch (36") high fence to within fifty-five feet (55') of the wetlands. Mr. Oskey explained the proposed fence will close off the rear property line. He further explained the purpose of constructing the fence is to keep his children and pet from wandering out of his yard. Lacking a quorum, the Planning Commission moved to suggest that the City Council approve a Wetlands Permit to allow a thirty-six inch fence to within fifty-five feet of the wetlands as proposed on the applicant's site plan. DISCUSS PROPOSED TRAIL ALIGNMENT CHANGE TO ARNDT ADDITION SITE PLAN Mr, Tom Junnila, of 1024 Downing Street, appeared before the Planning Commission to request their consideration of a change to the location of the bike trail approved with the Arndt Planning Commission Minutes November 23, 1993 Page 2 Addition plat. Vice Chair Duggan explained the Arndt Addition is a thirteen lot subdivision whose preliminary plat was approved in 1992 and the bike trail as approved runs along the north, east and southern boundaries of the plat to provide access to Ivy Park. Mr. Junnila stated he has submitted signatures from a number of his neighbors and that those signatures were submitted as a petition in favor of his proposed relocation of the trail (Option No. 1). Mr. Junnila explained that Option No. 1 is proposed to be a shorter bike path which would bisect Lots 2 and 3 of the Arndt Addition and then go along the rear of Lot 3 and enter Ivy Park parking lot. Mr. Junnila stated his neighbors are in favor of shortening the bike path as it will be safer for the children in the area. Vice Chair Duggan stated the developer has agreed to pay for the construction of the trails as originally approved. He further stated the maintenance of the trailway will be the City's obligation. Mr. Junnila stated his personal preference in changing the bike trailway is because it will be located within thirty feet (30') of his backyard. He stated his lot is already bound by two public streets and that with the addition of the trail way, his privacy would suffer significantly. Ms. Kathy Nadler, of 610 Kirchner Avenue, stated she would like access to Ivy Park via Kirchner Avenue. She stated she is a daycare provider and that access to the park via Kirchner Avenue is the easiest route for her. Mr. Richard Nadler, of 610 Kirchner Avenue, stated that residents of the Valley Lane area want the present plan as approved by the City Council. He stated the trails are an attractive addition to the community and that they can only increase property values. He stated his front window is twenty feet (20') to thirty feet (30') from the road and that he is comfortable with the location of the trail system. He stated it would be a shame to lose this section of the trail. Mr. Nadler further stated that numerous trees have been lost with the excavating of this development and that it is a real disappointment. He stated that the Mayor stated the trees should be cut down. Vice Chair Duggan stated he has visited the site. He further suggested that City staff should inform residents who are submitting petitions to the City that names and addresses should be printed on the petition to ease the verification of legal names and addresses for Council. I Planning Commission Minutes November 23, 1993 Page 3 A brief discussion ensued regarding the number of traffic trips made through the area. Vice Chair Duggan inquired about the ADA requirements on slopes. He explained the City is required to abide by new standards with new trails. Duggan stated Option 1 would impact two of the new lots within the addition and would impact the Makiesky and Mullerleilies property. Duggan stated that Option No. 2 would impact four of the new lots within the addition and that the developer has indicated they are not in favor of either Option 1 or Option 2. He further stated that with the approved site plan, the most impacted people on the existing plan is Mr. Junnila. He further stated that at the original Planning Commission meeting, Mr. Junnila was in favor of the plan. Mr. Junnila stated his position has changed since the time of the Planning Commission meeting as it seems very strange to have the path right in his backyard. Vice Chair Duggan stated several eight foot (8') pathways within the City have been screened with the planting of trees, etc, to provide privacy. Commissioner Dreelan requested clarification with respect to the September 27, 1993 letter from Mr. Junnila stating that Mayor Mertensotto and Mr. Arndt are not opposed to the proposed trail alignment change. Mr. Arndt stated he is in favor of the original, existing site plan approval. Commissioner Koll stated she understands Mr. Junnila's concerns. She stated that the trail is to serve the whole north end and that the current proposal is serving the Kirchner Avenue area too and that the impact of the original plan is minimal. Vice Chair Duggan stated the original plan is the best plan and that screening of the trail area is possible. Mr. Mike Newman, 1006 Downing, stated he is concerned about children who will find their own way to reach the playground. He stated that direct access to the park is an issue. He further inquired as to how an east/west path along the Junnila property serves his neighborhood's purpose. He stated he would like to see a more direct route. Vice Chair Duggan stated ADA standards help determine the placement of the trails. Mr. Junnila development that Mayor Arndt's and inquired if Mayor Mertensotto is involved in the of the subdivision. Vice Chair Duggan explained Mertensotto is the attorney representing the that he has abstained from voting on the matter. Planning Commission Minutes November 23, 1993 Page 4 Lacking a quorum, the Planning Commission moved to suggest that the City Council not alter the original Arndt Site Plan, The Planning Commission further directed staff to research ADA requirements on grade ratios. CONTINUED HEARING CASE NO. 93-25s DEEB - CONDITIONAL USE PERMIT AND WETLANDS PERMIT Mr. Jake Deeb, of 1780 Dodd Road, was present to discuss his request for a Conditional Use Permit and Wetlands Permit to allow the construction of 988 square foot detached garage to within thirty six feet (36') of Willow Creek. Vice Chair Duggan briefly explained that at their October meeting, the Planning Commission, at the request of Mr. Deeb, continued the hearing to their November meeting. He explained that at that time, the Planning Commission had asked that Mr. Deeb submit additional information and revised drawings. Duggan explained that Mr. Deeb has submitted the information. Mr. Deeb briefly explained his letter of intent regarding the condition of his property (in 1986) prior to the City realigning Willow Creek. Vice Chair Duggan explained that Mr. Deeb purchased his property in 1990 and that Mr. Deeb feels that with the realignment of the creek prior to his purchase of the property, has impacted him in that he now must apply for a wetlands permit. Mr. Deeb stated he is not asking for the City to move the creek but to return his property to it original state. He explained it is an expensive procedure every time he decides to make a change to his property due to the wetlands designation. Commissioner Koll inquired if Pine Creek would handle the flow of water as a result of future development. Planner Uban stated the City should consider a drainage easement to handle future storm water drainage. Commission Koll inquired how the culvert remains open. Public Works Director Danielson stated the culvert is a private culvert. Mr. Deeb stated the former owner installed the culvert and then covered it to allow for a larger and flatter backyard. Mr. Deeb stated the culvert has never been plugged. Commissioner Dreelan noted her concern for a four car garage. She inquired as to the necessity of having such a large garage. Mr. Deeb responded the garage is a three car garage ) with a fourth door on the side. He stated the fourth door is for his convenience in moving recreational and gardening Planning Commission Minutes November 23, 1993 Page 5 equipment in and out of the garage. Commissioner Dreelan inquired if the existing garage will be closed off. Mr. Deeb responded yes and that the existing garage door will be converted to french doors. Ms. Kathleen Ridder, of Dodd Road, noted her concerns for the drainage system. Lacking a quorum, Commissioner Koll moved to suggest that the City Council consider approving the removal of Pine Creek from the Wetlands Map as per Mr. Steve Kernick, of the Dakota County Soil and Water Conservation District; provide an easement on Pine Creek to allow standard utilities along the perimeter of the property and grant approval of the wetlands permit for the driveway, house and garage. Vice Chair Duggan stated he is not in favor of this motion. Mr. Fred Peterson, 1770 Dodd Road, stated that Mr. Deeb's garage should be attached. He further stated that Pine Creek does overflow and that the entire wetlands designation should be removed. He stated that Mr. Deeb should not get special treatment. He further stated that he received notice from the City when the creek was going to be realigned. He also stated he has pictures of when the creek is flowing. Mr. Deeb stated that he is not asking for the Pine Creek culvert to be moved back to its original state. He stated Mr. Kernick, of the Dakota County Soil and Water Conservation District, only reviewed Pine Creek wetlands on his property, not along it whole length. In response to a question from the Commission, Mr. Deeb stated he would like an detached garage as he does not want petroleum products in his home, there are safety concerns, less noise and he is able to receive cheaper insurance rates. He stated it is also much more expensive to build an attached garage. Vice Chair Duggan stated he is uncomfortable with the size of the structure next to the wetlands. In response to a question from Vice Chair Duggan, Mr. Deeb stated there is fifteen feet (15') from edge of garage to the trees. He further stated that no vegetation will be altered. Commissioner Koll stated she is concerned about the size of the garage next to the wetlands. She further stated the Council is currently reviewing an ordinance amendment regarding the size of garages. i Planning Commission Minutes November 23, 1993 Page 6 Lacking a quorum, Commissioner Koll moved to suggest that the City Council consider granting Mr. Deeb Wetlands Permit and a Conditional Use Permit for Accessory Structure with the following conditions: 1. Size of the garage to be less than 988 square feet. 2. The tuck under garage door be removed and replaced with french doors. 3. Landscape and/or seed the entrance to the old garage. 4. Building materials and colors to match the existing house. 5. Landscaping on Dodd Road be completed to help screen the structure from Dodd Road. Commissioner Dreelan stated she agrees with Commission Koll in that the proposed garage is too large of a structure next to the wetlands. Mr. Deeb inquired as to how the size of the garage was determined. Commissioner Koll responded that a three car garage is equal to 800 square feet. Vice Chair Duggan stated 675 square feet would be more appropriate HEARING: CASE NO. 93-26: MCDONALDS CORPORATION CUP Mr. Fred Reynolds, of McDonald's Corporation, was present representing the McDonald's Restaurant located at 2020 Dodd Road, to request a Conditional Use Permit to allow the •construction of a free standing, 120 square foot cashiers/face-to-face booth. Mr. Reynolds explained that it will be a remote structure with the exterior matching the existing building. He explained that the unit will be constructed in the existing landscape island area behind the restaurant. He explained that the purpose of the booth is to improve customer satisfaction. He explained the single existing booth is capable of handling 73 cars per hour in the drive-thru. He stated with the added booth, the capacity will increase to 114 cars per hour. He further stated that in the future, the booth will be incorporated into a face-to-face ordering concept. He stated that with this process, the order is placed with a person instead of the menu board. Planning Commission Minutes November 23, 1993 Page 7 In response to a question from Vice Chair Duggan, Mr. Reynolds stated there will be two individuals within the booth during times of operation. He stated the booth will be used during peak hours and that it will have a camera system and monitors. He further stated there will be no food preparation within this booth and that condiments will only be given to the customers. Commissioner Dreelan stated there is not enough room to allow cars to stack as it will interfere with the handicap parking. Mr. Reynolds responded that he will relocate the handicap spots. Commissioner Dreelan inquired if there is a •landscaping plan completed. Mr. Reynolds stated a plan has just been completed and he then submitted it to the Commission. In response to a question from Commissioner Koll, Mr. Reynolds stated the exterior lighting remains the same. Lacking a quorum, Commissioner Koll moved to suggest that the City Council consider granting the Conditional Use Permit to allow the construction of a cashier's/face-to-face booth at the McDonalds Restaurant located at 2020 Dodd Road with the following conditions: 1. Submittal of landscape plans for review by City staff. 2. Submit to the City operational safeguards to enhance security. 3. Relocate the handicap parking stalls. HEARING: CASE NO. 93-28: HEAVER - VARIANCE Mr. Keith Heaver, representing the owners of 1680 Dodd Road, was present to discuss their request for a rear yard setback variance to allow the construction of a single family home. Mr. Heaver stated that they agree with Planner Uban in that they will designate the front yard to be on the southern edge of the property adjacent to the outlot for driveway purposes eliminating the need for a rear yard variance. Planner Uban stated that Dodd Road is a heavily traveled road and that the City should avoid having driveways on Dodd Road. He further stated that other homes have been oriented to a private drive. Planning Commission Minutes November 23, 1993 Page 8 He further stated that with corner lots, the owner may pick the orientation of the home as long as it meets the zoning criteria. Mr. Bob Salmen, owner of 1694 Dodd Road, stated his property is located to the east of the proposed home. He stated that his home faces the south and that the other homes in the area face to the west. He stated he is concerned with the setback of the proposed home and not the orientation of it. He further explained that he is currently reviewing a possible subdivision of his property and is concerned that the setback of the Heaver home is too close. Mr. Heaver explained the front elevation of the home will be south facing. He further stated they do not want to access the new driveway onto Dodd Road. He stated they will maintain the trees as a buffer. He stated there are some requirements they need to adhere to related to the wetlands area. He stated they have pushed the home as far back as possible. He stated there is a high water table that they are dealing with. Mr. Heaver explained that the first 300 feet of the driveway will be gravel and then asphalt. Vice Chair Duggan stated the Fire Department is not comfortable with a fourteen foot (14') wide driveway. Mr. Heaver responded that this is an issue he will need to discuss with the neighbors in the area as it is a shared driveway. He further stated that he does not want to remove a lot of trees. He further stated he would like to begin construction as soon as possible. Duggan stated that trees will need to be identified and that a twenty foot (20') wide driveway is needed for emergency vehicle access. Commissioner Koll inquired if there are drainage problems due to the clay in the area. Vice Chair Duggan stated there were drainage concerns during the Somerset Area discussions. Public Works Director Danielson stated that the wetlands is not on the City Wetlands Map. He stated that there have been soil tests taken and that it appears that with some soil exchange, the construction of the home will work. He further stated that the wetlands is landlocked in that there is no outlet for the water to flow. Danielson stated Ms. Kathleen Ridder, of 1744 Dodd Road, has expressed to him that she is concerned about the landlocked wetlands and that the City should account for the problem by acquiring an easement for utilities. Planning Commission Minutes November 23, 1993 Page 9 Mr. Fairbairn, owner of 1680 Dodd Road, stated he is comfortable with the results of the soil testing. Vice Chair Duggan stated that Mr. Heaver should work closely with City building officials during the construction of this home. Public Works Director Danielson stated that Ms. Ridder has also expressed her concern with the high water table. •Mr. Salmen stated he would like to see the houses spaced more apart. Mr. Nelson, of 1660 Dodd Road, stated he is the property owner to the north of the proposed home. He noted his concerns for the drainage in the area when the new homes are constructed. Danielson stated the wetlands is without an outlet and it has been functioning adequately. He further stated it would be prudent for the City to plan for an outlet. Danielson stated that Ms. Ridder would want to include an outlet with the development of her property. Danielson stated he could calculate the amount of water runoff in the area. Lacking a quorum, the Planning Commission moved to suggest that the City Council consider approving the construction of a single family home on Lot 1, Block 1, T and LT Addition with the designation of the front yard on the southern edge of the property (adjacent to the outlot used for the driveway) with the following conditions: 1. Development of the property is subject to wetland preservation practices and the recording of a conservation easement for the protection of the wetlands along Dodd Road. 2. The upgrade of the existing common driveway to meet fire code standards. The Planning Commission further requested staff to calculate the amount of water runoff. VERBAL REVIEW Public Works Director Danielson provided a verbal review for the Planning items at the previous City Council meeting. Planning Commission Minutes November 23, 1993 Page 10 ADJOURNMENT There being no further business, the Planning Commission adjourned its meeting at 10:15 o'clock P.M. Respectfully submitted, Kimberlee K. Blaeser Senior Secretary