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1993-08-24 Planning Comm MinutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PLANNING COMMISSION MINUTES AUGUST 24, 1993 The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, August 24, 1993, in the City Hall Council Chambers 1101 Victoria. The following members were present: Koll, Dwyer, Duggan and Tilsen. Commissioners Friel, Dreelan and Hunter were excused. Also present were Public Works Director Jim Danielson, Planning Consultant John Uban and Senior Secretary Kim Blaeser. APPROVAL OF MINUTES Commissioner Tilsen moved approval of the July 27, 1993 minutes with corrections. Commissioner Koll seconded the motion. AYES: 4 NAYS: 0 Chair Dwyer briefly explained that Mr. and Mrs. Bobst, of 676 Callahan Place, had appeared before the Planning Commission in April requesting a lot division of their 1.22 acre lot. He further explained the newly created lot will not have the required one hundred feet (100') of frontage at the building setback. Chair Dwyer stated the Planning. Commission continued the hearing to May to allow time for the applicants to submit more information concerning their subdivision as required by the City's Subdivision Ordinance. He further explained that since May, the Bobst's have been granted, at their request, three more hearing continuations. Mr. Paul McGinley, principal surveyor and owner of Paul McLagan Surveying, stated the Bobst's own a large 1.22 acre lot which they would like subdivided into two lots. He stated with the lot division a flag lot will be created. He further stated the Bobst's will be acquiring 2,500 square feet from Mr. Knaus (neighbor to the north) to create a larger driveway for the newly created lot. He stated the original proposal for a shared driveway has been eliminated. He explained Mr. Knaus will retain an easement over the triangle piece of land as his property could be subdivided in the future. Mr. McGinley stated Mr. Knaus has indicated he has no intentions, at this time, to subdivide his property. Mr. McGinley stated the power pole located on the Bobst property will be at NSP's expense. He stated the fence on the Bobst's property is owned by the Eschle's (neighbor °s to the west). He stated the Bobst's will deed six feet (the portion Planning Commission Minute August 24, 1993 Page 2 enclosed by the fence) to the Eschle's and that the Eschle's will help share the costs in taking care of the fence encroachment. Mr. McGinley stated the proposed house has been moved to the south ten feet (10') to help preserve trees. He stated two trees will be removed for placement of the house and driveway. He further explained 20 to 30 pine trees located at the corridor of the south end of the proposed driveway will be moved and replaced to help screen the new home. Mr. McGinley presented a landscape plan indicating existing and proposed plantings on the property. Mr. McGinley stated that the neighborhood had expressed concerns with the proposed house orientation. He stated that all homes but the Knaus home adjacent to the new home will have the normal rear yard to rear yard orientation. He stated the north neighbor's (Knaus property) rear yard will be facing the front of the proposed home. He stated the Knaus's view from their home is from the west and the new Bobst's home view will be from the west. He indicated the Knaus property will also be shielded. Mr. McGinley cited several examples of flag lots within the City. He stated precedent has been established within this particular area of the City. He further stated the Bobst proposal fits well within this area as there is a real mixture of property sizes within this area. Chair Dwyer stated several neighbors were present at the April meeting expressing their concerns. He noted no area residents were present at the hearing tonight. He stated the residents had expressed concerns with the resale of flag lots and site line distractions. He stated Mr. McGinley seems to have answered most of those concerns. Chair Dwyer, read for the record, a letter from Mr. Knaus stating his support for the Bobst's request. Chair Dwyer inquired if the Bobst's are able to prove practical difficulty or hardship in requesting the variance as required by the City's Zoning Ordinance. Mr. McGinley stated the property, should it be subdivided, exceeds the standard lot size within this particular zoning district. He stated this parcel is suitable for a lot division. He stated with the development of the existing lots in this area, no other access to the proposed lot was allowed. He stated the Bobst's should be given a means to utilize their property just like the area residents have in the past. He stated there is no other means of accessing this property should it be subdivided. Planning Commission Minutes August 24, 1993 Page 3 Planner Uban confirmed Mr. McGinley's statement. He stated there is no public access available in this area. He stated a street was vacated south of Callahan Place in the past. He stated the owner of this property had no control over development of existing landowner's property in the past. He stated there is reason to assume the Bobst's have done everything possible in accessing this property. He stated a flag lot is appropriate. A brief discussion ensued over when a flag lot is necessary or not. It was determined development in this area is occurring regularly, a number of flag lot proposals may be brought before the City. The Planning Commission suggested that perhaps a City policy should be established regulating the development of flag lots. Commissioner Tilsen stated the future driveway abuts an existing driveway. He stated an easement should be given to store excess snow. Commissioner Tilsen commended the Bobst's for their efforts in presenting a plan which seems to cover areas of concern expressed by the area residents. He stated with the acquisition of the sliver of land from the neighbor to the north has made a world of difference in the proposal. He stated easements for drainage and snow storage should be considered. Commissioner Tilsen inquired if an ejector system will be constructed for this house. Mr. McGinley answered yes. Commissioner Tilsen inquired if the driveway width meets the requirements for emergency vehicle access. Public Works Director Danielson responded it does satisfy the requirements. Commissioner Duggan noted concerns for erosion control during the excavation process. Mr. McGinley stated the proposed walk out will be close to the existing elevation in the rear of the property. Commissioner Duggan stated the Bobst's have put forth an effort in maintaining the integrity of the neighborhood. Mr. McGinley stated he will include a silt fence on the plans for City Council's review. In response to a question from Commissioner Duggan, Mr. McGinley explained the ejector pump system. He explained the system will pump only from the basement, the remaining home will use gravity. He stated their system will satisfy building requirements. Commissioner Koll inquired what would happen if there were a power outage. Mr. Bobst responded the laundry room is located in the upper level of the house. He stated there is one bathroom located in the basement. He stated there has been no problem with drainage in the area. It was pointed out by a member of the audience that an ejector Planning Commission Minutes August 24, 1993 Page 4 system is similar to a sump pump system. Commissioner Koll stated the property does match existing property in the area. She stated the property is on the end of a variety of land and the property is not out of place. Chair Dwyer asked for questions or comments from the audience. There was no one present to discuss this request. Chair Dwyer moved to close the public hearing. Commissioner Tilsen seconded the motion. AYES: 4 NAYS: 0 Commissioner Tilsen moved to recommend that the City Council approve a seventy foot (70') variance to the frontage requirement based on the hardship of limited access to the lot created by development of other property owners beyond the control of the applicant. Commissioner Duggan seconded the motion. AYES: 4 NAYS: 0 Commissioner Tilsen moved to recommend that City Council approve the preliminary plat with the following conditions: 1. A drainage easement be provided on both lots subject to City Engineer review. 2. A snow storage easement from Lot 1 to Lot 2 be provided. 3. Fire Chief review of plans. Commissioner Koll seconded the motion. AYES: 4 NAYS: 0 CONTINUED HEARING: CASE NO. 93 -17: DEEB - WETLANDS PERMIT Chair Dwyer explained at the July Planning Commission the Commission tabled a wetlands application from Mr. Jake Deeb, of 1780 Dodd Road, to allow time for staff to research some of the history of the creek near his proposed garage. Planning Commission Minutes August 24, 1993 Page 5 Chair Dwyer stated, at Mr. Deeb's request, a representative from the Dakota County Soil and Water Conservation District, researched the site and determined the property south of Mr. Deeb's lot is considered a wetlands (Willow Creek) and the tributary to Willow Creek (Pine Creek) is not a wetlands. Mr. Deeb responded that Mr. Kernick, representing the County, reviewed samples of the soil in the area. Chair Dwyer stated Mr. Deeb needs to decide if the existing garage will be eliminated or kept. He stated if the garage is eliminated then a separate garage may be built without a conditional use permit. He also stated a Wetlands Permit is also needed and that the Commission must review this request first and foremost. Mr. Deeb, referring to the memorandum submitted by Public Works Director Danielson dated July 28, 1993, stated when Willow Springs Addition was created that entire area was granted a wetlands permit. Mr. Deeb stated his home was overlooked in granting of a wetlands permit at that time. He stated his house is within ninety feet (90') of the creek. He further stated not only does he now need a wetlands permit for a garage construction but should he want to replace his driveway a wetlands permit will be necessary. He stated a wetlands permit should have been granted to his property. Chair Dwyer stated the Planning Commission is not going to discuss past events undertaken in the year 1987. He stated the Commission is charged with reviewing current applications. Commissioner Tilsen concurred with Chair Dwyer and stated the definition of a wetlands does not cover the change in character of an area subject to seasonal flooding. He further stated the area of the storm pipe is a low area where water flows over land. He stated he has a grave concern in construction taking place near low areas of land. He questioned how the City can protect the future flowage with out filling and plugging the storm water pipe. Commissioner Tilsen stated an easement should be placed over the pipe. He stated he concurs that this area is not a wetlands and that the City should amend the wetlands map. He stated the City Engineer should review the area and establish a wide enough easement to protect the existing drainage. Chair Dwyer stated Mr. Deeb is proposing to construct a 900 square foot building within thirty six feet (36') of Willow Creek. Planning Commission Minutes August 24, 1993 Page 6 Commissioner Tilsen inquired if the water encumbers any different area when there is a storm or heavy flowage. Mr. Deeb responded the elevation of the proposed garage is 5 1/2 to 6 feet above Willow Creek and the flowage of Pine Creek. He stated the drainage pipe is covered to allow access to the backyard. He stated there is a fifteen foot (15') depression and if the pipe is plugged, the depressed area handles the flow. He stated the grade also flows to the southwest, so the Mikelson property would be flooded. Commissioner Tilsen stated the Commission needs to be cautious as this area is beginning to develop. He stated there will be great pressure on the drainage system in the area which is all the more reason why an easement should be placed on the Pine Creek channel. Planner Uban stated the area upstream has been looked at for development and the City may need to consider improving the storm sewer system in the future. Mr. Deeb stated the former landowner constructed the pipe, not the City. He stated his whole lot is located within the wetlands boundary. He stated the City has no authorization as to what has or has not been designated the wetlands boundaries. Planner Uban stated the State of Minnesota is the designating governmental unit in regulating wetlands. He stated the City must adhere to the minimum requirements set forth by the State. He explained the City may opt to go further in requirements for Wetlands. Commissioner Duggan stated Mr. Deeb is proposing to construct a 900 square foot building within thirty six feet (36') of the wetlands. He stated it makes no difference what has happened in the past. He stated the Commission is charged with reviewing the size and proximity of the proposed structure. Mr. Deeb stated he believes a hardship has been created. Commissioner Duggan stated he is against approving the wetlands permit due to the proximity of the structure to the wetlands and the size of the structure is too large. A brief discussion ensued regarding the allowable size of an accessory structure and size of a lot. Commissioner Koll stated she is more sympathetic in reviewing this proposal as it is an older home which needs a larger garage. She stated the former owner did not understand what would happen if the creek bed were moved. She stated she is in favor of granting the wetlands permit and that the size and placement of the structure could be negotiated. Planning Commission Minutes August 24, 1993 Page 7 Chair Dwyer stated he is against the wetlands permit due to the size of the structure. In response to a question, Public Works Director Danielson stated the creek bed was located one hundred feet (100') from the Deeb property and is now located thirty eight feet (38') from Mr. Deeb's property. Chair Dwyer stated the physical and topographical facts remain that the proposed structure is to be placed within thirty six feet (36'). Mr. Deeb stated the previous creek was located seventy feet (70') further south. He stated the City overlooked granting a wetlands permit. Chair Dwyer opened the meeting to the public. There was no one present to discuss this request. Commissioner Tilsen moved to close the public hearing. Commissioner Duggan seconded the motion. AYES: 4 NAYS: 0 Commissioner Tilsen moved that City Council approve the construction of a garage no closer than forty feet (40') south and fifty -six feet (56') from the center line and that Mr. Deeb give a twenty -five foot (25') drainage easement. He stated in essence, Mr. Deeb will need to move his garage twenty feet (20') to the north. Mr. Deeb responded if he has to move his garage further to the north, it would cut into his access into his lot. MOTION FAILED - DUE TO LACK OF SECOND. Chair Dwyer moved to recommend that City Council deny the Wetlands Permit as it too large of an encroachment to the center of the creek. Commissioner Duggan seconded the motion. AYES: 2 NAYS: 2, KOLL, TILSEN MOTION FAILS DUE TO A TIE Commissioner Duggan stated he is uncomfortable with moving or changing the position of the garage without seeing the building on a map. He further inquired to the amount of fill Mr. Deeb placed on his lot. Mr. Deeb responded he followed City procedures as directed by the building official. Planning Commission Minutes August 24, 1993 Page 8 Commissioner Koll moved to recommend that City Council grant the wetlands permit as proposed. Chair Dwyer seconded the motion. AYES: 1 NAYS: 3, DWYER, DUGGAN, TILSEN Chair Dwyer stated the Planning Commission has reached an impass in a decision. He stated Mr. Deeb will have to go before the City Council and present his case. Mr. Deeb state•, the City overlooked granting his property a wetlands permit in 1987. HEARING: CASE NO. 93 -18: THARALDSON DEVELOPMENT COMPANY - CUP Mr. Kenneth Scheel, project manager representing Tharaldson Development Company, was present to request a Conditional Use Permit to allow the construction of a Fairfield Inn next to the Courtyard by Marriott on Northland Drive. Mr. Scheel briefly reviewed the past history of this project. He explained Tharaldson Development Company had received approval on a similar project in 1992. He stated the proposed hotel was to be used for Northwest Airlines employees. He stated the application has expired because of NWA's on -going struggles in keeping out of bankruptcy. Mr. Scheel stated the new project has been upgraded to be a "for rent" facility and it now meets more stringent standards. Mr. Scheel explained that presently negotiations with Northwest are on going. He stated the hotel will be built and operated to Fairfield standards whether NWA uses it or not. He further stated if NWA uses the hotel, the hotel will not have a Fairfield name. He stated it will be operated as a Heritage Inn by Tharaldson. He further stated although the rents are lower a "guaranteed user" approach would be advantageous for Tharaldson. Mr. Scheel stated explained Fairfield Inns have more square footage than the originally proposed Heritage Inn and are generally upscale. He stated this type of hotel is a fast growing luxury budget hotel. Commissioner Duggan expressed concern of denying a product to the community, i.e, opening a hotel for the public and then closing it for private use. Mr. Scheel responded the hotel Planning Commission Minutes August 24, 1993 Page 9 could start out as a limited hotel and the go open to the public. In response to a question about room rates, Mr. Scheel stated roughly $44.00 for a single. Mr. Scheel stated he has not received a letter of support from the Courtyard by Marriott. He stated he expects it to be sent soon and he would present it to the Council. Mr. Scheel explained the color scheme to be blue and creme. He stated there will be a brick exterior up to eight feet (8') and then a material similar to stucco called drivet. He explained this product's life is very good. He further stated, barring damage, that not much maintenance is necessary. He stated they do not let their products deteriorate as it poor business. Mr. Scheel stated they do not want enlarge the entrance portico as it would be out of proportion. Chair Dwyer stated the Fire Chief has stated the canopy is not at a desired height. Mr. Scheel stated they could eliminate the canopy. In response to a question from Chair Dwyer, Mr. Scheel stated the height of the building meets all of the requirements as dictated by the City's Zoning Ordinance. He stated if the height is measured from the center portion of the roof, then the roof exceeds the height limitations. Mr. Scheel stated they could, ask for a variance to the height or drop back to 4:12 pitch. He stated the gables would change but that there would not be a noticeable difference unless the building is seen from above. Chair Dwyer noted the Fire Chief's concern in having limited capabilities in providing rescue functions and fire attack procedures to a fourth floor resident /building -roof. Mr. Scheel responded the building will be built with rigid safety requirements. He stated there will be a fire sprinkler system. Mr. Scheel stated that the current City Zoning Fire Ordinance allows the construction of a four story building. He stated the degree of risk needs to be discussed with the Fire Chief. In response to a question, Mr. Scheel stated the sign detail will be exactly what the Courtyard by Marriott has done except the logo and colors will be different. He stated they would like to consider signs off of I -494 like the Courtyard by Marriott. He stated they do not want a huge sign. . Planning Commission Minutes (1 August 24, 1993 Page 10 Mr. Scheel stated the sign will be placed to not interfere with the Marriott signage. He stated there will be two signs plus one on the building. Mr. Scheel stated the drainage system has not changed significantly from the previous proposal. He stated Commissioner Tilsen has discussed his concerns for the steepness in front of the parking lot. He stated he would like to work out the grade to decrease the angle of the driveway. He suggested that may be a small committee could be formed, i.e., Commissioner Tilsen, Kevin Batchelder and himself to discuss this issue. Scheel stated the light fixtures tilt ten degrees and they do not glare. He stated they are similar to what the City Hall uses in their parking lot. He explained the lights will be shoe box style. Scheel explained the building will be constructed to conform with the noise ordinance. He stated they will comply with all requirements for noise insulation. In response to a question from Chair Dwyer, Mr. Scheel explained all doors lock from the outside. He stated they will be using a card system which is a very effective form of security. He stated it is also a low maintenance item compared to a key system. He explained there will be four entrances with the side entrance accessed by a card. He stated the main lobby will remain open and staffed twenty -four hours. He stated there will be closed circuit television monitoring the public areas. He stated they can provide this type of security in the stair wells. Scheel also stated there will be no security officers on duty. In response to a question from Commissioner Duggan, Mr. Scheel stated they will be complying with ADA requirements for providing rooms for the handicapped. He also stated smoke free rooms will be offered. Chair Dwyer opened the meeting to the public. There was no one present to discuss this issue. Commissioner Duggan moved to close the public hearing. Commissioner Tilsen seconded the motion. ANES11 4 NAYS?, 0 Planning Commission Minutes August 24, 1993 Page 11 In response to a question from Commissioner Koll, Mr. Scheel stated the exterior material used on the building is the best on the market. Commissioner Koll stated she would like to see the roof a different color than blue. Mr. Scheel concurred and stated he would like to see shingles. He stated the blue color proposed for the roof is ugly. He stated this color is used within the franchise. He stated he would prefer to see shingles as they would be more of a muted blue color. He stated they would be of Timberline quality. Commissioner Duggan stated he would like to see the size of the proposed pine trees upgraded. Mr. Scheel responded that the proposed landscaping is estimated to be roughly $50,000 at this point. In response to a question from Chair Dwyer, Mr. Scheel stated Tharaldson Enterprises operates the franchises. He explained employees are hired locally except a manager may be brought in from a different city. Mr. Scheel stated the Twin Cities needs a diversity in jobs. Mr. Scheel stated the project costs are roughly $2 million not including land costs. Commissioner Tilsen briefly discussed the roof height. He also questioned whether Mr. Scheel would be amenable to allowing a 360 degree access to the building as suggested by the Fire Chief. Mr. Scheel stated the code allows for a one side access. He further stated he will discuss the roof pitch, turning radius, etc with the Fire Department prior to City Council review. Commissioner Duggan suggested that a parking space reserved for emergency vehicles should be discussed. Mr. Scheel stated there would be no problem with providing a spot just as long as it does not conflict with the ADA requirements. Commissioner Tilsen stated he would like to work with Mr. Scheel and City staff in solutions to the grade steepness and drainage within the parking lot. Commissioner Tilsen stated he is confident the parking lot grade can be modified and that the ponding can be accommodated. In response to a question from Commissioner Tilsen, Mr. Scheel stated the refuse will be enclosed and that it was an error, in their part, to not include this item on their plans. Commissioner Koll moved to recommend that City Council approve the Conditional Use Permit to allow a hotel within the "I" District with the following conditions: Planning Commission Minutes August 24, 1993 Page 12 1. A letter from Courtyard by Marriott concurring with the use and design of said project. 2. Revise grading plan to eliminate steep grades and provide on -site ponding according to City Engineer requirements. 3. Revise lighting plan to reduce glare. 4. Revise landscaping plan to include a hedge to screen the parking facing Mendota Heights Road. 5. Submittal of sign plans which indicate conformance with city ordinance requirements and adjacent development. 6. Conform to Fire Marshal recommendations. 7. Revise the entrance portico. 8. Revise the building height to a 4:12 pitch or request a variance. 9. Revise the roof material to shingles of a muted blue. Commissioner Tilsen offered a friendly amendment stating a fire hydrant on I -494 should be added if necessary. Commissioner Koll accepted the friendly amendment. Commissioner Duggan seconded the motion. AYES: 4 NAYS: 0 MISCELLANEOUS Chair Dwyer thanked all individuals and companies who helped sponsor the Celebrate Mendota Heights Parks! event in July. VERBAL REVIEW Public Works Director Danielson provided a verbal review for the planning items at the previous City Council meeting. Planning Cornmission Minutes August 24, 1993 Page 13 ADJOURNMENT There being no further business, the Planning Commission adjourned its meeting at 10:40 o'clock P.M. Respectfully submitted, Kimberlee K. Blaeser Senior Secretary