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1992-12-22 Planning Comm MinutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PLANING COMMISSION MINUTES c:DECEMBER 22, 1992 The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, December 22, 1992, 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: Koll, Friel, Dreelan, Dwyer, Krebsbach and Tilsen. Commissioner Duggan was excused. Also present were Public Works Director Jim Danielson, Planning Consultant John Uban-and Senior Secretary Kim Blaeser. APPROVAL OF MINUTES Commissioner Friel. moved to approve the November 24, 1992 Minutes. Commissioner Krebsbach seconded the motion. AYES: 6 NAYS: 0 -7- ) CONTINUED HEARING - CASE NO. 92 -31 : MAZ ZARA - SOMERSET PLACE 19= Chair Dwyer opened "-€he- meeting explaining that Mr. Gerald Mazzarais proposal for. a ; three lot, 10 acre residential. Planned, Unit Devetopthent has been before the Planning. Commission a number of times. He stated at the November Planning Commissign -theeti.ng, Mr. Mazzara was instructed to refine his plans and that. City Staff was to receive a legal opinion, , from , the City -Attorney' s office, regarding the process of pursing ,a Planned unit development for this site. Chair Dwyer stated the Planning Commission has received the legal opinion and that Commissioner Friel has asked for an opportunity to address the opinion. Commissioner Friel §tateclhe questions- the process of pursing the planned unit development. He stated the language within the Zoning Ordinance is ,ambiguous. Commissioner Friel presented the ' following comments to the Planning Commission: "I am not persuaded by the opinion of Counsel which we have received. I" have seldom read a document that indulged in. such tortured reasoning to reach its December 22, 1992 . Page 2 conclusion". "The language of our Ordinance is simple and straight forward. Under it, a Planned Unit Development is a project which utilizes 10 or more acres of contiguous land and consists of more than one principal building per lot or more than one use per lot". "The proposal before us is a development which contains three lots. There is only one principal building and •only one proposed use per lot. There is therefore no basis in our Ordinance for concluding that this qualifies or constitutes a Planned Unit Development under the plan language of Section 22". "The opinion we received places significant reliance upon prior history in determining the appropriate construction of the Ordinance. Curiously, the recited history upon which the opinion is premised consists of several prior erroneous interpretations of the Ordinance. That I suggest is the ultimate bootstrap. What that says is because we have misinterpreted and misapplied this Ordinance in the past, that gives justification for continuing to do so in the future. I do not subscribe to that point of view". "The -opinion we received also recites under the discussion at Paragraph Number 3 on Page 4 that "Section 22.1 is by its terms a Purpose Section". That simply is not true. , The title to Section 22.1 is "Purpose and Definition", and it is the definition part, that part the counselhasChosen to ignore, that this proposal does not "It appears that counsel, unable to find a definition of Planned, Unit Development in the Minnesota Statutes, looked-no further. Had he looked at Black's Law Dictionary, he would have found a definition that is entirely, .consistent with the one we have in our Ordinance". "Fran y), -as I read this opinion, I was reminded of a discussion_ between Humpty Dumpty and Alice in Lewis Carroll's _story, "Through the Looking Glass". "When 1 use 4-word", Humpty Dumpty said, in rather a scornful tone,- "it means just what I choose it to mean - neither more nor less". "The question is", said Alice, "whether you can make words mean so many different things". "The question is", said Humpty Dumpty, "which is to be master - that's all". December 22, 192 Page. 3 "The question befOre this Planning Commission is whether we-are going to-apply the plain language of our Ordinance and:..letthe law'be master, or whether we are going to make 'a mockery of the Ordinance by ignoring• it and substituting the ad hocjudgment of this Commission". Commissioner Friel concluded by saying: "Under; the circumstance, I cannot vote for this as a' Planned:Unit Development even though I believe, with the exception of the private roadway, that it is just the kind:of development,of that land which we want. I cannot do so,because by any analysis this is not a.Planned Unit Development". Chair.Dwyer. stated the Commission has received comments from the Fire(.Chief.. He explained it is the opinion of the Fire .Chief ,that the private driveway should be twenty-four feet (24') wide to: accommodate fire vehicles. Mr% Mazzara responded he would accommodate the twenty-four foot wide drive but that presently, the proposal does exceed the turnaround radius required. Dwyer,- further questioned, as per the Fire Chief concerns; if: sprinkler* systems would be installed. Mr. Ma-zzara:responded that would be a tough requirement to adhere to Chair Dwyer further:questioned if the roadway would be Maintained year round and that no 'parking be allowed along the roadway. Mrliazzara responded that these conditions wbuld'be acceptable: Chair Dwyer, as per the Fire Chief's comments, questioned if addresses will be properly signed. Mr. Mazzara responded the addresses will be properlymarked. Mr. Mazzara stated he has now submitted a detailed and accurate wetlands survey. He stated there is no need for a wetlands permit as there will be no structure within one hundred feet (100') of the wetlands. Chair Dwyer stated that' the City's certified septic system inspector, Russ Wahl, has reviewed the,proposed designs, as submitted, and finds them to be in compliance and well designed. Chair Dwyer stated that Mr-. Wahl suggests that the drain field areas be fenced.and posted during construction to prevent vehicles from compacting the drain field areas. Mr. Mazzara responded the area will be snow-fenced. Chair Dwyer inquired if Mr. Mazzara will be willing to provide a thirty-five. foot utility easement along the east boundary line to accommodate future City sewer/water. Mr. Mazzara responded favorably. December 22, 1992 Page 4 Chair Dwyer commented he had noticed, while driving on Delaware Avenue, several homes sharing private driveways. He inquired if there have been any problems with, shared driveways. Public Works Director Danielson responded he is unaware of any problems. Chair Dwyer opened the meeting to the public. Mr. Tom Garrett, 540 Wentworth Avenue, stated he does not want three home sites on the ten acre parcel. He stated this is too many homes in a small area. He noted his concerns for the width of the drive and the potential loss of trees. Commissioner Tilsen stated a. condition should be placed on the approval regarding the enforcement of maintenance. He stated he would like to see the City able to enforce snow removal and parking from the full twenty-four foot (24') width of the access road. Commissioner Tilsen further noted. a condition should be placed not allowing the construction of swimming pools in the development. He further noted his concerns for protection of the septic systems during construction and wondered if the work could be completed by hand not by equipment. He noted his concerns for the wetlands and the proximity of the septic systems. He further stated he reviewed the septic system design at City Hall. He further stated that should City water become available prior to City sewer, automatic water shutoffs should be installed in the event: Of power failure. Mr. Mazzara responded at this .time.„-, he 15 not aware of plans to construct any swimming pools -within the development. He stated that only one lot would seem to accommodate a pool. He statied it would seem fair to the -property owners to reserve the:Alr right to construct a pool. if so desired. He stated that on. Lot 3, there is thirty-_seven feet (37') of extra land before encroaching the wetlands., ':He stated a wetlands permit would not be needed. He further stated it is the property owners intentions to protect both current and future drain field. areas. He stated, -although, he is not educated on the matter, an automatic shut_ off:meter would seem okay. He further stated the landowners would have to consent to the City's enforcement of plowing—and parking on the private driveway. He stated that covenants will run with the land and not the land owners. He stated pormally the covenants area filed with the final plat. Commissioner Krebsbach inquired if the City has the authority to require structures, within this development, to blend with the surrounding nature and neighboring homes. She stated she would like to see the Garrett's and Strub's concerns for this area accommodated. She further 'stated she would like to see December 22, 1992 Page 5 the City look at preserving the openness of the superblock area by designating park land. Commissioner Dreelan noted her concerns for the lack of information regarding tree removal and destruction. Mr. Mazzara responded he does not intend to destroy trees. He stated that trees will be removed and replanted and that extensive landscaping will be conducted. Commissioner Dreelan further noted her concerns for driveway width. Mr. Mazzara responded he will abide by the Fire Department's recommendations. In response to a question from Commissioner Friel, Mr. Mazzara stated a good percentage of trees can be saved. He further stated the septic lines can be maneuvered through tree root lines underground. He further stated vegetation will be removed for building pads. In response to a question from Commissioner Friel, Planner Uban stated he has not calculated the percentage of vegetation that will be removed due to building pad, septic system and driveway access construction. In response to a question from Commissioner Friel regarding water n,off to the wetlands, Public Works Director Danielson stated the area runoff does not run to the Ivy Falls area. Commissioner Friel inquired if there would be a problem should a private street be approved for this subdivision and the adjoining peighbors, the Garrett's, decide to subdivide, would access be a problem. Mr. Garrett responded that at this time, there are ao plans to subdivide. He further stated his septic systeM is 1pcated on the front of their property. Commissioner Koll noted her concerns regarding water runoff should there be a 200 year rain. She questioned if there will be sump pumps. Mr. Mazzara responded with *dater table elevations and stated there should not be a problem. He explained the soil varies from lot to lot, but in general, there is a silty sand. He stated perk tests have been completed for the septic systems. He stated the test indicate the soil perks well in this area and that a drain field will be appropriate rather than a mound system. Commissioner Koll inquired if .the surface water drainage system will be sufficient to carry a deluge of water. Public Works Director Danielson responded it would. Commissioner Koll stated she does not want to see pools constructed as it could cause an infringement with the wetlands due to chemicals used, etc. Mr. Mazzara stated he December 22, 1992 Page 6 • has not discussed the possibility of pool construction with the potential homeowners. Dr. Thomas Yu, potential landowner, responded it is hard to say what future landowners wish to do with their property. Commissioner Tilsen pointed stated the plans submitted have not been signed and certified by the preparers. Mr. Mazzara stated he has a letter from the biologist and that he will be sure to get signed and certified plans for Council review. Chair Dwyer moved to close the public hearing. Commissioner Dreelan seconded the motion. AYES: 6 NAYS: 0 Commissioner Tilsen moved to recommend that the City Council approve the proposed Planned Unit Development with the following conditions: 1. That the plans be signed and certified by the preparer. 2. That the access roadway be twenty-four feet (24') wide and the driveways be twenty feet (20') wide. 3. That the following be included within covenants to be filed with the plat: a. That the City be able to enforce snow removal from the full twenty-four foot (24°) width of the access road. • b. That the driveway access road be designated a fire access lane and "no parking" be enforced. c. That septic systems be pumped on at least an annual basis. • d. That should City water become available prior to City sewer, automatic water shutoffs be installed in the event of power failure. 4. No wetlands permits will be allowed. 5. Septic, system drain field areas be fenced to prevent compaction by traffic during the construction of homes. 6. That a'ccess be maintained to septic tanks to allow for pumping. 7. That individual home designs be reviewed and approved by the City Planning Commission. Commissioner Koll seconded the motion. December 22, 1992 Page 7 AYES: 5 NAYS: 1, FRIEL CONTINUED HEARING: CASE NO. 92-25: PATRICK - LOT SPLIT AND VARIANCE TO PUBLIC STREET FRONTAGE Chair Dwyer explained that Mr. Steven Patrick was before the Planning Commission in November to request a lot split and variance to a public street frontage. He explained the hearing was tabled to December to allow Mr. Patrick to submit revised plans showing the location of the proposed driveway and wetlands. Mr. Patrick explained the drawing submitted indicates the proper location of the driveway which is proposed to serve Lot 11 and Outlot A. He stated the request for a variance is due to the possible development of Outlot A which does not front a public street. He explained that utilities to serve the Outlot would be through Brookfield Lane. He further stated the townhouse association will not grant access to his lots and that is why he is requesting the variance. He further explained that with the lot split, Outlot A would be increased twenty feet (20'). Commissioner Tilsen inquired if there are any plans to improve the width of the existing driveway. Mr. Patrick stated the width of the driveway is fourteen feet (14') and that he does not know the cost to extend the width. He stated there would be extensive tree removal should the driveway be widened. In response to a question from the Commission, Public Works Director Danielson stated water and hydrants are available. Commissioner Tilsen stated this area has emergency access available through Mendota Heights Road and Brookfield. Chair Dwyer stated there is a concern for fire safety in this area. He inquired if there is enough room for fire vehicles to access the property. Commissioner Dreelan stated she does not feel the driveway is wide enough. She inquired if the Fire Chief has reviewed the plans. Public Works Director Danielson responded that staff has not heard back from the Fire Department. In response to a question from Commissioner Tilsen, Mr. Patrick stated the distance from the proposed building pad to Arbor Court is 550 feet. December 22, 1992 Page 8 Commissioner Dreelan noted there has been no reference as to the amount trees which will be destroyed. Mr. Patrick responded some trees will be removed and that a lot of the trees are small, scrub trees. He stated there would be very little loss of trees. Chair Dwyer stated the Police Chief has recommended that addresses be of reflective material. Mr. Patrick stated he has no problem with the recommendation. Commissioner Friel inquired who the owner of property is between Brookfield Lane and Mr. Patrick's property. Mr. Patrick responded the Kensington Homeowner's Association. Mr. Patrick reviewed a sewer and water design for the properties. He explained he has not yet received an easement for these utilities and that he does not anticipate that to be a problem. Commissioner Friel inquired as to the rationale behind the Homeowner's Association in not letting Mr. Patrick access Brookfield Lane. Public Works Director Danielson stated he had talked to Jerry Morson, a member of the association, and he indicated the association would like to see the area maintained as natural open space. Danielson stated Mr. Morson indicated the association does not want to see driveways along Brookfield Lane. Commissioner Friel moved to continue the public hearing to January 26, 1993 at 7:30 o'clock P.M. He further directed the Fire Department to review the plans. Commissioner Krebsbach seconded the motion. AYES: 6 NAYS: 0 CASE NO. 92-39: COEN - VARIANCE TO A REAR YARD SETBACK David and Jo Ann Coen, 2375 Apache Court, were present to discuss their request for a variance to a rear yard setback to allow the construction of a family room addition to the rear of their house which faces the side yard of the adjacent home. Chair Dwyer stated the Coen's have received the required signatures of consent from property owners within 100 feet of the proposed addition. Chair Dwyer moved to waive the public hearing. Commissioner Koll seconded the motion. December 22, 1992 Page 9 AYES: 6 NAYS: 0 Commissioner Tilsen noted his concerns in documenting hardships for variances. He stated it is difficult to define hardships based on size of lots, corner lots and setbacks to streets. In response to a question from Commissioner Dreelan, Mr. Coen stated he intends to plant three or four pine trees to help screen the addition. He further stated he also plans to do landscaping. Commissioner Friel stated the applicant has not proven hardship and that the signatures of consent do not justify granting the variance. In response to a question from Commissioner Koll, Mr. Coen stated that his home, which he recently purchased, has a family room in the basement, which he feels creates a hazard for his family. In the event of a fire there would be only one access, up the stairs. He feels that this creates a danger or hardship for his family. Commissioner Koll stated the signatures of consent are in support of what Mr. and Mrs. Coen are proposing and she feels the addition would be a nice enhancement to the neighborhood. Commissioner Koll moved to recommend that the City Council grant a ten foot (10') rear yard setback to allow the construction of an addition at 2375 Apache Court noting the applicant has proven hardship due the extra restrictions associated with a corner lot. Commissioner Krebsbach seconded the motion. AYES: 5 NAYS: 2, FRIEL, TILSEN HEARING: CASE NO. 92-37: VOLLEYBALL INSTITUTE OF MINNESOTA, INC. - CUP FOR PARTICIPATIVE ATHLETICS IN THE INDUSTRIAL PARK Chair Dwyer began the hearing by explaining the applicant is proposing an indoor volleyball facility in the west end of the R.L. Johnson warehouse located at 2444 Enterprise Drive. He explained that just before tonight's meeting the applicants informed him that they have prepared revised plans and that they would be reviewing those plans with the Commission. December 22, 1992 Page 10 Mr. Ted Fleener, Mr. Mark Kashke and Doug Berge were all present representing the Volleyball Institute of Minnesota, Inc. to discuss their request for a conditional use permit for participative athletics in the industrial park. Mr. Fleener explained the Institute is looking for more space to play volleyball. He stated the Institute is looking for more family involvement in playing volleyball. He further explained that he and Mr. Mark Kashke are the founders of the Institute. Mr. Mark Kashke stated he is aware additional parking is needed. He stated they will be adding parking on the west side of the R.L. Johnson building. He informed the Commission that R.L. Johnson is preparing a grading plan through Shoell and Madson Engineering. He stated he is aware of the overall property owner concern of aesthetics. He informed the Commission of the types of screening proposed: berms and an assortment of pines and spruces. He stated their intent is to increase the number of trees on the property. Mr. Kashke explained they are proposing six volleyball courts, restrooms, lounge and a warm up area. He explained the floor material will consist of a plastic interlocking brick and will be the size of an official olympic size court. In response to a question from Chair Dwyer, Mr. Kashke stated there will be 28 additional lights. He further stated there will be no shower facilities within the building. In response to a question from Commissioner Dreelan, Mr. Kashke stated there will be a limited amount of spectators. He explained that when there are tournaments, they will provide additional parking at R.L. Johnson's other building in Mendota Heights and provide shuttle bus service. He explained they are anticipating tournaments to take place three to four times during the year. He explained there could be, on the high end, 210 spectators at a tournament. Mr. Kashke explained there will be continuous security during the tournaments. Mr. Kashke further explained there will be a sign placed on the entrance door of the building. He stated he does not anticipate any other signage. Chair Dwyer inquired with Planner Uban if he had received the revised plans as submitted tonight. Planner Uban responded yes and Public Works Director Danielson responded that staff has not had an opportunity to review the revised plans completely. He further noted that United Properties is concerned with respect to the type of landscaping proposed for the building. Public Works Director Danielson further stated December 22, 1992 Page 11 there is a utility easement on the property where Mr. Kashke is proposing to install landscaping. He stated he does not want to see major plantings on the easement. Chair Dwyer inquired if the Fire Marshal has reviewed the proposed plans. Public Works Director Danielson responded that the Fire Marshal has not. Chair Dwyer stated the Commission is not in the position to recommend approval of the plans due to the lack of information submitted and that he would like to see the City's Park Programmer, Fire Marshal and Code Enforcement personnel review the plans and give a professional insight on the request. The Planning Commission further indicated to the applicants that their idea for providing a volleyball facility in the City is a good idea but that the planning issues must be enforced, as required by City Ordinance, in order to provide a safe and enjoyable environment for all participants. Commissioner Krebsbach moved to continue the public hearing to January 26, 1993 at 7:45 o'clock P.M. Commissioner Friel seconded the motion. AYES: 6 NAYS: 0 In response to a question from Commissioner Tilsen, Mr. Kashke stated there will be no air conditioning in the building. HEARING: CASE NO. 92-36: SOMERSET ELEMENTARY - SIGN SIZE VARIANCE Mr. Don Moore, Principal of Somerset Elementary, was present to discuss a request for a variance to allow the construction of a twenty-four (24) square foot internally illuminated sign. Chair Dwyer explained the City's Ordinance allows two square foot as the maximum amount of signage allowed within a residential district. He explained the applicant needs to prove a hardship or practical difficulty. Ms. Sarah Freeman, 1992 PTA President, explained that they would like to better identify the school and to communicate better with the community. She explained the school had received a School of Excellence Award and that they do a lot of fundraising. She stated the proposed sign would not only communicate with the community on the different happenings in the school but would also give the school an opportunity to December 22, 1992 Page 12 commemorate special awards the school receives along with acknowledging special people. She further explained the proposed sign is being funded through left over fundraising funds. Chair Dwyer opened the meeting to the public. Ms. Page Haskel, Dodd Road, and Ms. Angela Thera, Dodd Road, were both present and stated that their driveways abut the school. They both noted their concerns about losing sight distance on Dodd Road. Ms. Haskel and Ms. Thera reviewed the proposed plans further and both informed the Commission they were satisfied that the sight distance would not be a problem. In response to several questions from Commissioner Tilsen, Principal Don Moore stated he is very concerned with the amount of spending done for the school. He further stated that the identity of the school is important and that many people support the school and their efforts. He stated they want to make the school more visible. Commissioner Koll stated she lives near the school and that she contacted several of her neighbors. She stated the main concern of installing the sign seems to be how the sign will distract people. She stated the traffic on Dodd Road is fast and heavy and if a sign is too wordy, it may cause accidents. She suggested that a sign may be more effective if it is placed at the entrance of Somerset rather than at the northern exit. In response to a question from a resident, Mr. Kruse, of Midway Sign, stated the proposed sign is six feet (6') high and will be placed below the grade of the highway. Chair Dwyer stated an accommodation could be made for a sign but that he is concerned with the ongoing dialogue with the public. Commissioner Friel concurred and stated if ongoing communication with the public is needed that possibly a newsletter should be sent by the school. He further inquired to how the sign would be illuminated. Mr. Kruse responded that the sign will be internally illuminated with fluorescent lighting. Commissioner Friel responded that he does not feel a hardship has been presented to the Commission. He further noted his concerns for the amount of traffic on Dodd Road. Commissioner Dreelan stated she does not like the idea of the sign being lit and using it for messages. She further noted the confusion in entering the school. Principal Moore stated the entrance has been designed to accommodate school buses in both dropping off and loading of children. December 22, 1992 Page 13 In response to a question from Commissioner Dreelan, Principal Moore stated they would be willing to move the sign in closer to the building and to provide landscaping. Commissioner Friel moved to close the public hearing. Commissioner Krebsbach seconded the motion. AYES: 6 NAYS: 0 Commissioner Krebsbach stated, for the record, that she had voted against a request for a sign variance for Visitation Convent School. a hardship had not been it is recommended that the ariance. motion. Commissioner Friel stated that presented to the Commission and City Council deny the requested v Commissioner Tilsen seconded the AYES: 5 NAYS: 1, KOLL Chair Dwyer called a recess at 10:00 o'clock P.M. Chair Dwyer reconvened the meeting at 10:06 o'clock P.M. It was noted by Chair Dwyer that Commissioner Krebsbach was excused from the meeting, during the recess, at 10:02 o'clock P.M. HEARING: CASE NO. 92-38: GEORGE'S GOLF RANGE - CUP FOR PARTICIPATIVE ATHLETIC USE IN THE INDUSTRIAL ZONE AND VARIANCES Mr. John Bannigan, of Bannigan and Kelly, was present representing Mr. and Mrs. George Waters owners of George's Golf Range, to discuss the Water's request for a Conditional Use Permit for a Participatory Athletic facility within the City's Industrial Park and a request for several variances. In response to a question from Chair Dwyer, Mr. Bannigan stated the structure is presently considered a legal non conforming structure. He informed the Commission that variances runs with the land but that the intention is to conform to the normal setback when the land redevelops. He further informed the Commission that the variances requested are a result of MnDot's right-of-way acquisition for December 22, 1992 Page 14 the Mendota Interchange Project. He stated that due to the right-of-way taking, the Waters will lose their mini golf course. Commissioner Tilsen stated the plans submitted must be signed and certified. He further stated he has no problem with the hardships as stated. Chair Dwyer opened the meeting to the public. There was no one present to discuss this issue. Commissioner Friel moved to close the hearing. Commissioner Tilsen seconded the motion. AYES: 5 NAYS: 0 Commissioner Friel moved to recommend that City Council grant the Conditional Use Permit for participatory athletics in the Industrial Park and the following variances: 1. Five foot (5') side yard parking setback on the north 2. Ten foot (10') front yard parking setback on the east 3. Twenty-two foot (22') front yard setback for the Pro Shop 4. Thirty-one foot (31') front yard setback for the golf canopy Commissioner Friel also recommended that the City Council deny the variance for setback of the pylon sign, citing that there was no hardship demonstrated. Commissioner Koll seconded the motion. Commissioner Tilsen offered a friendly amendment stating the approval is subject to the plans being signed and certified by the preparer. Commissioner Friel accepted the friendly amendment. AYES: 5 NAYS: 0 VERBAL REVIEW Public Works Director Danielson provided a verbal review for the planning items at the previous City Council meeting. December 22, 1992 Page 15 ADJOURNMENT There being no further business, the Planning Commission adjourned its meeting at 10:21 o'clock P.M. Respectfully submitted, Kimberlee K. Blaeser Senior Secretary