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1989-06-27 Planning Comm MinutesCITY OF MENDOTA HEIGHTS PLANNING COMMISSION MINUTES, JUNE 27, 1989 (corrected) The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, June 27, 1989 in the City Hall Council Chambers, 1101 Victoria Curve. Chairman Morson called the meeting to order at 7:30 P.M. The following members were present: Morson, Tilsen, Krebsbach, Anderson, Dwyer and Koll. Commissioner Duggan was excused. Also present were Public Works Director James Danielson, Administrative Assistant Kevin Batchelder and Planning Consultant Howard Dahlgren. APPROVAL OF There were no minutes to approve. MINUTES CASE NO. 89-24 MACZKO VARIANCE John Maczko, 751 Cheyenne Lane, described the proposed addition to his house and the variances he was requesting. Commissioner Tilsen asked Public Works Director Danielson about the width of the Right-of-Way. Danielson responded that the R.O.W. is 60' and that the 15' boulevard is adequate if sidewalks are to be put in. Commissioner Anderson stated that he was sympathetic to the size of the lot and what the applicant was proposing, however, he had visited the neighborhood and had not seen any other garages thrust out like this one is proposed to be, and it has a short driveway. Mr. Maczko replied that Cheyenne Lane curves in front of his house and that he had spoke to all his neighbors and they felt it was a fine addition. Commissioner stated he had no problem with the addition to the house and a widening of the garage, however, he also stated that he felt it would be aesthetically better to extend the addition into the back yard. This way there would be no front or side yard variances required and it might make it better for resale, he stated. He asked Mr. Maczko if he had contemplated this. Mr. Maczko replied that he had, but it was not desirable because it would eliminate a big picture window in the rear of the living room, the only light they had for the room. Commissioner Anderson stated that the idea of expansion is appropriate but that aesthetically it is better to be in the back. June 27, 1989 Page 2 Commissioner Koll stated that she thinks the neighbors will appreciate the covered storage area this expansion will provide. Commissioner Krebsbach inquired about what precedents this type of approval would set. Commissioner Anderson replied that the storage space eliminates an eyesore, but that any precedents have already been set. Chairman Morson stated that, yes, in the Friendly Hills area that precedent has been set for 20' setbacks from the front yard to accommodate expansions and garages. Commissioner Tilsen inquired about the materials and construction. Tilsen wished to know if the addition would blend into the current structure. Mr. Maczko responded that he was matching materials and that in the long range he was going to cedar side the whole house. He stated there would be no brick involved in the garage area. Tilsen restated his concern that the roof and siding should match. Tilsen also stated that in Mendota Heights it is becoming common that larger lots don't have enough room for the types of houses going up, and now in the smaller lots we see the same thing happening. Commissioner Anderson stated he sees a better alternative that is aesthetically better. Commissioner Dwyer moved to recommend approval to City Council for a 8 foot, 6 inch (8' 6") front yard setback variance and a 6 inch (6") side yard set back variance. Commissioner Koll seconded. AYES: 5 NAYS: 1 Anderson CASE NO. 89-22 Mr. Arthur Kuross, 1155 Orchard Place, KUROSS LOT SPLIT explained the Right-of-Way situation as it related to the request. Chairman Morson asked the Commission if there were any questions. He stated he had none. Commissioner Krebsbach moved to waive the public hearing and make a recommendation to City Council that they approve the proposed lot division. Commissioner Dwyer seconded. AYES: 6 NAYS: 0 June 27, 1989 Page 3 CASE NO. 89-23 Chairman Morson opened the public hearing and CELIA'S ADDITION explained the procedures that are followed in PRELIMINARY PLAT a public hearing. Mr. Paul McGinley, of Paul McLagan and Sons, represented Celia Paster and began by explaining the proposed plat at the corner of Orchard Place and Hunter Lane. The lot would be divided from one parcel into two single family lots. He explained the 30' dedications. AYES: 6 NAYS: 0 Chairman Morson stated that a letter had been received from Mr. Mulvihill, the neighbor next door, about his concerns over the drainage and what would occur to the drainage if these lots are constructed on. Mr. McGinley replied that swales and berms could be put in if that is what is desired. Commissioner Krebsbach stated that this was a wooded lot and asked how many of the trees were proposed to be cut down during construction. Mr. McGinley replied that as many trees as possible would be left in, but if berms were required this would necessitate the removal of some trees. Commissioner Krebsbach stated that two houses would drastically alter the nature of the corner if it doesn't remain wooded. She inquired if there were any buyers yet. Mr. McGinley replied one lot. Commissioner Koll stated she had checked with the neighbors about his lot division and it had been okayed except for Mr. Mulvihill's concern about the drainage. Commissioner Tilsen inquired if it was reasonable to have rear drainage easements and also along the sides. Public Works Director Danielson replied that yes this would be a good idea and that it is a City standard in the final platting. Mr. McGinley responded that this was a good recommendation. Commissioner Tilsen moved to close the public hearing. Commissioner Krebsbach seconded. Commissioner Tilsen moved to recommend approval of the preliminary plat with the AYES: 6 NAYS: 0 CASE NO. 89-21 CUP -MENDAKOTA COUNTRY CLUB June 27, 1989 Page 4 proper easements for drainage and utilities as per the City Engineer's analysis in addition to those required by City standards. Commissioner Anderson seconded. Commissioner Dwyer inquired if the motion could be amended to include proper drainage and/or berming as determined by the City Engineer. Tilsen accepted this amendment. Commissioner Krebsbach made a recommendation to the applicant to maintain the trees and character of the lot. She stated the record should reflect that it is desirable to maintain the condition of the lot and its wooded nature. Mr. John Carl, Jr., Vice President of Mendakota Country Club, explained the request for a Conditional Use Permit for a proposed fence and sign at the club. He explained the security need to protect the golf course, especially from vandalism. Chairman Morson asked two questions; (1) if the fence goes up, who is going to maintain the area outside the fence along Dodd Road; (2) the area along the south side of the parking lot, where there are single family houses, what is going to be done about the weeds and the final construction of the landscaping? Mr. Carl replied that Mendakota Country Club would continue to maintain the area along Dodd Road. Mr. Carl explained that the Club was presently in the process of grading and seeding the area along the parking lot and that the weeds would be removed by this. He stated they would contineu to maintain this area. He also stated that the Club had met with the neighbors to work out the neighbor's concerns about the lack of landscaping along the south of the parking lot. He stated that the club had landscaped according to the approved plans in their original Conditional Use Permit. Chairman Morson asked Mr. Carl if it was the Country Club's intent to proceed as soon as June 27, 1989 Page 5 possible to finish the phasing of the I I landscaping. Mr. Carl stated yes it was. Commissioner Dwyer asked Mr. Carl why the need to have the security measures taken now when it has been okay with the status quo. Mr. Carl replied that, before, the old clubhouse overlooked the most obvious entrances for vehicles but that the new clubhouse is back off the road. He also stated they have had incidences with horses and snowmobiles. Dwyer asked if a five foot fence would stop anyone. Mr. Carl replied it would stop vehicles, but for pedestrians it was simply a two toe hold fence. Dwyer asked if they intended to put up vines. Mr. Carl replied that they would like to do this, and that almost every golf course is fenced. Dwyer stated that the fence along 1-35 and Hwy. 110 was not that obtrusive. Commissioner Koll asked Mr. Carl exactly where the fence would be along Dodd Road. He replied that it would be along the property line, which is 33' from the center line. Commissioner Krebsbach asked if the fence was for insurance purposes. Commissioner Anderson wondered if a natural barrier might be more appropriate than a chain link fence, which he felt would be aesthetically unpleasing along Dodd Road. Commissioner Tilsen stated he would like to see some vegetative screening proposed and that he doesn't care for a bare chain link fence. Mr. Carl replied that a chain link fence is not the only solution for the club. He spoke about the plantings along the 1-35 section, that more vines could be used. He described the nursery they operate and the plantings it will provide. He stated the concern about vandalism was a legitimate one and had the potential to be serious not only to the physical resources but to the Club's ability to do business. Commissioner Tilsen asked if the Country Club would object to screening the fence. Mr. Carl replied the only objection would be the financial aspect. Chairman Morson stated that he hesitated to impose too harsh of a condition on the club. Mr. Carl explained that the intent of the nursery is to add to the plantings on the golf course and well as June 27, 1989 Page 6 along the perimeter. They have a plan for doing so and any additional requirements would be tough on the budget. Commissioner Tilsen stated that it appears that both sides are after the same thing and that there was a real need for the fence, but that aesthetics were a major concern. Commissioner Krebsbach asked Mr. Carl if he had the authority to approve extra landscaping. He replied that the Board of the Club would have to approve it. Krebsbach stated she would like to see this tabled until the board could consider additional plantings. Commissioner Anderson spoke about his concerns of the aesthetic appearance of the fence. He stated he would like to see details of the plantings, foot by foot, before they make any recommendation to City Council. Commissioner Dwyer stated that the City had the rights to screening of the fence and that the golf course had the right to fence for security. Chairman Morson opened the floor to questions from the audience. David Schoon, 871 Mendakota Court, stated he was currently the closest neighbor to the club. His major concern was the noise pollution from the exhaust fan at the club. He stated you could hear it from anywhere on Mendakota Court. Chairman Morson asked Mr. Carl if they planned any further screening of the fan. Mr. Carl replied no, there was an eight foot wall in place to screen. Mr. Schoon's second concern was the lights which he felt were too high and too bright. He wondered if they could be baffled or directed away from the neighborhood somehow. He concluded by asking if the applicant was being a good neighbor and that currently the leverage exists to encourage the City Council to satisfy the neighbors and their concerns about buffers. Commissioner Tilsen stated that the neighborhood's concerns were more than valid and he felt extra efforts could be made to better buffer the neighborhood. He stated to the residents that there is no other watchdog AYES: 6 NAYS: 0 June 27, 1989 Page 7 than themselves. Mr. Keith Heaver, a contractor, stated he had attended a meeting with the Country Club that afternoon to discuss the issues of light, noise, and buffer. His main concern was the plantings along the parking lot property line and the time schedule to complete the plantings. A resident woman spoke that she would like to see the plantings finished and that she had just finished putting in her own landscaping, at quite an expense, to help buffer the property line. Commissioner Krebsbach moved to close the public hearing. Commissioner Anderson seconded. Mr. Weinzettel stated he was concerned about the sign and if it was going to be lit. Commissioner Dwyer moved to reopen the public hearing. Commissioner Tilsen seconded. AYES: 6 NAYS: 0 Public hearing reopened. Mr. Carl described the sign as a carved wood sign, approximately 3' by 3', unlighted, one sided and would be placed 50' back from Dodd Road and 20' back from Mendakota Drive. It would be mounted on a 6" by 6" cedar post. Mr. Carl stated the sign faces east and that the country club would maintain the area. Mrs. Jane Mogol, Mendakota Court, asked if approval of the sign could be made contingent on the country club finishing the landscaping along the parking lot bordering the single family houses on Mendakota Court. Commissioner Dwyer moved to close public hearing. Commissioner Tilsen seconded. Commissioner Krebsbach desired to table the approval of placing the sign on city property until the country club has a chance to have a Board meeting. If so we shouldn't close the public hearing, she stated. June 27, 1989 Page 8 Commissioner Tilsen stated if this is the case we should make a recommendation Mr. Carl can go to the Board with. Commissioner Dwyer stated that we can make recommendation to City Council while Mr. Carl goes to his board. Commissioner Krebsbach stated that the request would move forward with approval and that by virtue of closing the public hearing we lose any controls or conditions we may wish to place on this. Commissioner Anderson stated our strongest leverage is to continue the public hearing. Chairman Morson stated the motion was made and seconded and asked for a vote. AYES: 3 NAYS: 3 Anderson, Tilsen, Krebsbach Motion fails. Commissioner Krebsbach moved to extend the public hearing until the fourth Tuesday in July to give the applicant a chance to go to the Country Club's Board with the plantings for the fence. Commissioner Tilsen stated he would like to add a schedule of completion of landscaping in progress with a timetable of completion. Commissioner Anderson stated he would like to see the concerns of the neighbors addressed. Commissioner Anderson seconded the motion. AYES: 4 NAYS: 2 Morson, Dwyer Motion carries. Planning Consultant stated that the Planning Commission could act on the sign now, that it conforms to all City codes and that the only matter was the terms for placing the sign on City property. The applicant would need a variance to place the sign on City property and that City staff could work out the details on terms for liability and maintenance. Commissioner Tilsen moved to recommend approval of variance for placing the sign on City property if an agreement can be worked out with City staff. Commissioner Koll seconded. AYES: 6 June 27, 1989 Page 9 NAYS: 0 PLANNING The Planning Commission reviewed the proposed APPLICATIONS revised applications forms and procedures, made suggestions and accepted them. VERBAL REVIEW Public Works Director gave a verbal review of the last City Council meeting. Adrian lot division was approved, Foley fence was approved, Ward wetlands permit was approved, Centex was approved without the conditions placed on it by the Planning Commission. Commissioner Krebsbach inquired about what kind of briefing the City Council received on the Centex issue. She inquired about why weren't the minutes ready for the Council meeting and what did Council go on in making their decision. Public Works Director Danielson replied that the staff report was available and the applicant made an oral presentation. Several members stated they saw the meeting on cable TV. Commissioner Krebsbach stated that there was no written summary of the meeting and that the Planning Commission was not officially represented. Commissioner Dwyer stated he looked at the staff report provided to City Council and that it provided a history and a section by Kevin Frazell that detailed the conditions placed on our recommendation. He stated the section was silent about the rationale behind the modifications, or conditions, placed on the recommendation. Administrative Assistant Batchelder stated that there were at least two Planning Commissioners at the City Council meeting. Commissioner Krebsbach responded that they were not present in an official capacity. Chairman Morson stated that if a Planning Commissioner is at a City Council meeting, it is as a citizen and they are not officially representing the commission. Commissioner Tilsen stated that he spoke at the Council meeting and told the Council he felt the decision from Planning Commission was a compromise and that they hadn't had ample time to review the plan after the Parks Commission had finished with it. June 27, 1989 Page 10 Commissioner Krebsbach stated that this was after quite a bit of discussion by the Council trying to figure out why we came up with what we did, that Council didn't seem to know what we had done. Krebsbach stated that Dick Putnam played this for all it was worth. Commissioner Dwyer stated that developers are coming in from the other side of the fence and are providing so much information that you can't pick out the important information from the unnecessary. Commissioner Anderson stated that he was upset by adverse comments by City Council about the Planning Commission. Commissioner Krebsbach stated that she agreed and wanted the record to reflect this. She stated she felt that comments in general about the deliberations of the Planning Commission and the hour in which we made our decisions somewhat discounted the process. Anderson stated that these comments should be in the record. Chairman Morson inquired about the availability of the council meeting tapes. He suggested that the body should review it to see how the comments relate to their relationship to Council. Commissioner Krebsbach stated that this was the second Council meeting in which their decisions had been reversed, the Duffy development and Centex. Krebsbach stated she would like to go on record as expressing a concern about how the Planning Commission's reports are dealt with by City Council. Commissioner Dwyer wanted the record to reflect that the bleachers at the new City Hall ballfield are located dangerously because thrown balls are coming right into bleachers. Dwyer stated that there should be an extension of the fence to protect people in the bleachers. Jim Danielson suggested moving the bleachers behind the backstop. ADJOURN Commissioner Tilsen moved to adjourn. Commissioner Koll seconded. AYES: 6 NAYS: 0 9:20 p.m. Kevin Batchelder