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1993-04-27 Planning Comm MinutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PLANNING COMMISSION MINUTES APRIL 27, 1993 The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, April 27, 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 members were present: Friel, Dreelan, Hunter, Duggan and Tilsen. Chair Dwyer and Commissioner 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 Friel moved to approve the March 24, 1993 minutes as corrected. Commissioner Hunter seconded the motion. AYES: 5 NAYS: 0 CONTINUED HEARING: CAO NO. 93-01: HEAVER - CRITICAL AREA VARIANCE Vice Chair Duggan briefly explained that this hearing had been continued from the March Planning Commission meeting to allow the developer and the owners to design an alternative plan for the construction of a single family home at 1297 Knollwood Lane. He explained that Mr. Heaver and Mr. Graff have submitted new drawings. He further stated that he had visited the site and that it was helpful to see that the site had been staked. Mr. Keith Heaver, developer representing David and Paul Graff (owners of Lot 7, Block 1, Ivy Falls West 2nd Addition) was present to discuss their revised plans. He further submitted additional site plans for the Commission's review which indicates how narrow the building envelope is and that there is very little area to construct a house without a variance. Mr. Heaver explained they are requesting a five foot (5°) front yard variance which will align the front line of the proposed home with the existing homes to the left and right of the proposed home. He further explained that this will move the house further away from the bluffline and that no trees will be removed with the construction of the deck. Planning Commission April 27, 1993 Page 2 Mr. Heaver presented photographs showing views from Highway 13 looking up to the site and views from Knollwood Lane indicating the sizes of the existing homes in the neighborhood. Mr. Heaver stated the Graff's believe their proposed home will fit in nicely with the character of the neighborhood. Mr. Heaver stated the boxelder tree, as shown in the pictures, is in poor condition and will be removed. There was a brief discussion regarding the amount of block exposed and how far window wells will be extending from the home. Mr. Heaver stated the original proposal for retaining walls have been eliminated. In response to a question from Commissioner Tilsen, Mr. Heaver stated the house located to the left of the Graff's proposed house, is a one story home and the house to the right is a multi-level home. He stated the Graff's home is higher than these two homes but that it is not higher than the existing trees located on their lot. Public Works Director Danielson briefly explained the City's Zoning Code requirements for house height. In response to a question from Commissioner Dreelan, Mr. Heaver stated a silt fence is used during construction to prevent erosion. He further stated the deck will be constructed at the time of house construction. Commissioner Friel stated a hardship has been presented as required in Section 5.4 of the Critical Area Ordinance. He stated that the conditions causing the hardship are unique to this property and that a variance is proved necessary in order to secure for the applicant the rights enjoyed by the other owners in the area. Friel stated the granting of the variance is not contrary to the public interest or to the rights and property values in the neighborhood. Vice Chair Duggan opened the meeting to the public. There was no one present to discuss this issue. Commissioner Friel moved to close the public hearing. Commissioner Hunter seconded the motion. AYES: 5 NAYS: 0 Commissioner Friel moved to recommend that City Council grant a five foot (5') front yard setback variance and a twenty- three foot (23') Critical Area Ordinance bluffline setback. Commissioner Hunter seconded the motion. Planning Commission April 27, 1993 Page 3 AYES: 5 NAYS: 0 CONTINUED HEARING: CASE NO. 93 -08: CITY OF MENDOTA HEIGHTS - PUD AMENDMENT Vice Chair Duggan explained that the Commission, at their March meeting, continued the public hearing to the Commission's April meeting to give City staff, Planner Dahlgren and Commissioner Friel more time to pursue language development regarding Planned Unit Developments within the City's Zoning Ordinance. A brief discussion ensued regarding the proposed amendments to the PUD section of the Zoning Ordinance. It was noted that Commissioner Friel had proposed extensive amendments to the Ordinance and that Planner Uban had prepared a report regarding the proposed changes. Vice Chair Duggan stated that City staff had suggested to continue the public hearing until July 27, 1993 to pro time to schedule a joint workshop with the City Council. Commissioner Friel moved to continue the public hearing to May 25, 1993 with the intention of discussing the proposed changes prior to a joint workshop with the City Council. Commissioner Hunter seconded the motion. AYES: 5 NAYS: 0 CASE NO. 93 -09: ATLANTIS POOLS - VARIANCE Mr. Scott Hubbard, of Atlantis Pools, and Mr. and Mrs. John Conway, 573 Emerson Avenue, were present to discuss a request for a variance to the front yard setback on a through lot to construct a pool in the Conway's rear yard and a height variance to construct the required pool fence on the property line fronting the public street. Mr. Hubbard briefly explained the request stating the Conway's own a home that fronts on two streets, Emerson on the front and Colshire to the rear. He briefly explained the pool will be 20 by 44 with the pool surface proposed to be set back twenty feet (20 °) from the Colshire Lane property line and ten feet (10') from the side yard line. He further explained the Planning Commission April 27, 1993 Page 4 Conway's are open to any suggestions regarding the height and type of fence. He stated the Conway's realize the City's Pool Ordinance requires a minimum of a five foot (5') fence around the pool for security. Mr. Hubbard stated the Conway's had constructed a deck around their house and feel that the pool would be a nice and much needed addition as several of their children require water therapy for medical reasons. He further stated the play equipment would be removed. Vice Chair Duggan questioned the accuracy of the drawing submitted. He stated the scale is inaccurate. In response to a question from Commissioner Tilsen, Mr. Hubbard stated there is an existing fence on the property. He stated the Conway's had considered a board fence to be situated at the rear of their property. He explained the Conway's are amenable to a chain link fence. He stated they are open to any type of fence construction. In response to a question from Commissioner Tilsen, Mr. Hubbard stated there is an aerial electrical line hanging over the proposed pool site. He stated the Conway's have discussed, with NSP, their options. He stated NSP has indicated to the Conway's that the line may be raised or placed underground. He stated the Conway's would like to see the electrical line placed underground. Commissioner Tilsen stated he would like to see the proposal down sized. He stated the area does not seem large enough for the proposed pool. Commissioner Hunter stated he has no problem with the proposal. He further noted that signatures of consent have been received by the neighbors. He inquired if the neighbors have expressed what type of fencing they would like to see. Mr. Conway responded they would like to see a wooden fence along Colshire and a chain link fence on the other sides. Mr. Hubbard further stated the neighbors are also open minded to the type of fencing. In response to a question from Commissioner Dreelan, Mr. Hubbard stated the existing fence is thirty-two inches (32") high. Vice Chair Duggan noted there is an existing hedge, outside of the fence, and that it looks very nice. Commissioner Dreelan stated she would not like to see a wooden fence. She further stated she would prefer a blend of landscaping and chain link fencing. Mr. Hubbard stated the Conway's would be amenable to a vinyl clad chain link fence. Planning Commission April 27, 1993 Page 5 He further stated the Conway's are not interested in moving the pool closer to their house. In response to a question from Commissioner Friel, Mr. Hubbard stated the edge of the pool will be six feet (6°) from the existing wooden deck and eighteen feet (18') from the house foundation. Commissioner Friel stated he would like to see a chain link fence with shrubbery installed. In response to a question from Vice Chair Duggan, Mr. Hubbard stated the existing tree will be removed. He stated with the digging of the pool, the tree roots would be damaged. He stated he has had discussions with a tree specialist and there is nothing they can do but to remove the tree. Commissioner Tilsen stated he would like to have an accurate survey presented to Council for their review. Mr. Hubbard indicated he would provide the Council with the accurate information. Vice Chair Duggan noted the signatures of consent had been received and therefore the public hearing may be waived. Commissioner Friel moved to recommend that the City Council grant a variance to the rear yard setback of ten feet (10°) for the construction of the swimming pool and a height variance to a fence within the front yard to allow a five foot (5') fence subject to the fence being chain link and that detailed drawings proving accurate dimensions of the swimming pool be submitted for Council review. Vice Chair Duggan offered a friendly amendment stating that a landscape plan be submitted for Council review. Commissioner Tilsen offered a friendly amendment stating that the dimensions should also include the distance from the house to swimming pool and also indicating the disposition of electric lines. Commissioner Friel accepted the friendly amendments. Commissioner Tilsen seconded the motion. AYES: 5 NAYS: 0 Planning Commission April 27, 1993 Page 6 In response to a question from Mr. Hubbard, Vice Chair Duggan stated the fence may be placed along the property line. CASE NO. 93-10: COONAN - VARIANCE Mr. and Mrs. Michael Coonan, of 2237 Apache Street, were present to discuss their request for front and side yard setback variances in order to allow the construction of a garage with a second story living area addition to their home. Mr. Coonan stated he is asking for a ten foot (10') front yard setback variance and two foot three inch (2°3") side yard setback variance. In response to a question from Vice Chair Duggan, Mr. Coonan stated he drew the plans. Mr. Coonan further explained the previous owners converted the original garage into a family room. Vice Chair Duggan briefly discussed the Friendly Hills Policy as established by Council in 1979 which limits front yard setback variances to only those applications for ten feet (10') or less. Commissioner Tilsen stated he is opposed to a two story addition and inquired if the addition could be done elsewhere on the site. Mr. Coonan responded they had reviewed other options but that this proposal is more feasible financially. He explained the new roof line will follow through with the existing roof line. Commissioner Tilsen stated the garage extension will be the highest in the neighborhood. In response to a question from Commissioner Dreelan, Mr. Coonan stated there will be new cedar siding placed on the house. He further explained that the two bushes in the front of the house will be replaced with identical bushes and that the front yard will be smoothed out. Commissioner Friel noted that this request will not be setting a precedent as other homes in the Friendly Hills area have received similar variances. Vice Chair Duggan noted that signatures of consent have been received and therefore the public hearing may be waived. Commissioner Friel stated that the proposed addition conforms to the Friendly Hills setback variance policy and he moved to recommend that the City Council approve a ten foot (10') front Planning Commission April 27, 1993 Page 7 yard setback variance and a two foot three inch (2'3") side yard variance all subject to the driveway being paved and plans be revised to have additional dimensions added that better describe the yard. Commissioner Dreelan seconded the motion. AYES: 5 NAYS: 0 Mr. Coonan indicated to the Planning Commission they are intending to have a new cement driveway installed. HEARING CASE NO. 93-11: BOBST - SUBDIVISION Mr. and Mrs. Randy Bobst, of 676 Callahan Place, were present to request a lot split of their existing 1.2 acre parcel. Mr. Bobst explained their lot is a large lot and that they are proposing to split the lot and build a new home on the westerly portion of their lot. He stated there would be no road access to the newly created flag lot and that they are requesting a variance to the required lot width. Vice Chair Duggan stated the Bobst's have not submitted information as required by the Subdivision Ordinance for an accurate approval by the Planning Commission. Mr. Bobst responded that they had a professional surveyor prepare their survey and they were under the impression that everything required had been submitted. In response to a question from Vice Chair Duggan, Mr. Bobst stated they will relocate the pine trees to the newly created lot. In response to a question from Commissioner Friel, Mr. Bobst stated that both homes would use the same driveway. He stated there is currently fifty-five feet (55') of access to Callahan and that would be split in half. Commissioner Friel inquired if there would be an easement dedication, or will each lot have a separate access. Mr. Bobst responded that both homes would have a common entrance. Vice Chair Duggan inquired if there will be adequate space for cars to go in and out of both of the homes. Public Works Director Danielson stated there is not a lot of traffic generated by two single family homes. He stated that cross Planning Commission April 27, 1993 Page 8 easements would be necessary to provide legal access for both lots. Commissioner Friel stated additional information is needed regarding the easements before a recommendation may be made to the City Council. Vice Chair Duggan noted that the area is low and that drainage is a real concern. He further stated trees need to be identified. He noted that they would like to preserve the integrity of the neighborhood. Commissioner Friel inquired about the neighbors fence that is indicated by the survey to be on the Bobst property. Friel inquired if the lot was torrance or abstract and if this resulted in an adverse possession of the property within the fence line. In response to a question from Commissioner Dreelan, Mr. Bobst stated all utilities are available. He further stated it is their intention to sell their existing house first. Commissioner Tilsen stated there are existing flag lots in the area. He inquired if a similar lot split could occur to Lot 26, of the Willow Springs addition should the Bobst property be split. He noted his concerns for setting a precedent. He stated he would like to see development in this area happen in a more coordinated fashion with respect to the development of other lots in the area. He inquired if the owner of lot 26, Willow Springs, has any intention of subdividing. Mr. Bobst responded that the owner of Lot 26 has indicated that he does not intend to develop his property. Vice Chair Duggan opened the meeting to the public. Mr. Jim Weisbecker, 659 Wesley Court, noted his concern for the placement of the Bobst proposed home. He inquired if the house location is "set in concrete" during subdivision approval. Vice Chair Duggan responded not necessarily. He stated the City has a Zoning Ordinance regulating setbacks. He briefly explained the building permit process. Mr. Weisbecker inquired if they will stake the house so it can be viewed by residents in the area. He further noted his concern for resale of flag lots because they do not have a required lot width and the impact on property values this might create. The potential owner of 687 Wesley Court, stated he has a purchase agreement for 687 Wesley Court and that he has decided to buy the lot because of the character of the neighborhood. He stated that construction of this home would affect the privacy of their lot and the use of their rear yard decks. ( Planning Commission April 27, 1993 Page 9 Vice Chair Duggan entered a letter into the record as submitted by Mr. William Knaus in support of the subdivision request. Commissioner Friel moved to continue the public hearing to May 25, 1993 to give Mr. and Mrs. Bobst an opportunity to submit the required information as noted in the Planner's Report dated April 27, 1993. Commissioner Hunter seconded the motion. AYES: 5 NAYS: 0 HEARING: CASE NO. 93-05: VAN - SUBDIVISION Mr. Ted Van, owner of 1885 a simple lot division. Mr. area of his land that was stated that his neighbor, the land to maintain open Hunter Lane, was present to request Van explained that Parcel A. was an totally within the bluffline. He Paul Katz, has offered to purchase space along the bluffline. Public Works Director Danielson stated that this parcel of land is undevelopable as this area is totally within the 40 percent bluffline of the Critical Area. In response to a question from Commissioner Tilsen, Mr. Van stated that Parcel B is where is home is located. Commissioner Friel inquired if Mr. Van is aware that Parcel A is unbuildable. Mr. Van responded that he does. Mr. Van further stated that the Katz's intentions are to preserve the scenic character of the area. Vice Chair Duggan opened the meeting to the public. There was no one present to discuss this request. Commissioner Friel moved to close the public hearing. Commissioner Hunter seconded the motion. AYES: 5 NAYS: 0 Commissioner Friel moved to recommend that the City Council approve the lot division subject to the Katz's submitting a letter to the City acknowledging that Parcel A is unbuildable and is being acquired solely for its scenic characteristics Planning Commission April 27, 1993 Page 10 and that there is no economic value other than scenic attributes. Commissioner Hunter seconded the motion. AYES: 5 NAYS: 0 VERBAL REVIEW Public Works Director Danielson provided a verbal review for the planning items at the previous City Council meeting. ADJOURNMENT There being no further business, the Planning Commission adjourned its meeting at 9:20 o'clock P.M. Respectfully submitted, Kimberlee K. Blaeser Senior Secretary