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1989-11-28 Planning Comm MinutesCITY OF MENDOTA HEIGHTS PLANNING COMMISSION MINUTES, NOVEMBER 28, 1989 The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, November 28, 1989, in the City Hall Council Chambers, 1101 Victoria Curve. Chairman Morson called the meeting to order at 7:34 o'clock P.M. The following members were present: Morson, Koll, Dwyer, Krebsbach, Duggan and Tilsen. Also present were Acting City Administrator James Danielson, Tim Malloy, Planning Consultant and Administrative Assistant Kevin Batchelder. APPROVAL OF MINUTES AYES: 6 NAYS: 0 CASE NO. 89-43 ISD #197 - CUP FOR BASEBALL FIELD IMPROVEM. (HEARING) Commissioner Krebsbach moved approval of the minutes from October 24, 1989, with corrections. Commissioner Tilsen seconded the motion. Ms. Lois Rockney, Director of Business Affairs for Independent School District 197 and Mr. Dean Verdoes, Assistant Principal and Athletic Director of Henry Sibley Senior High School, were present to discuss their request for a CUP for proposed batting cages and dugouts by the baseball fields at Henry Sibley Senior High School. Ms. Rockney stated that the proposed batting cages and dugouts will be located south of the school, north of Highway 110 and east of Warrior Drive. She stated that the School District feels that these additions are needed for the safety of the students participating in the program and to make the program better for those students. In response to a question from Chairman Morson regarding the setbacks of the proposed structures, Ms. Rockney stated that the setback requirements would be met. She further submitted pictures to the Commission showing batting cages and dugouts that Simley Senior High School located in Inver Grove Heights presently uses. She explained that the proposed structures would be using the same design and materials that Simley High School uses. Ms. Rockney stated that the dugouts would be Page 2 November 28, 1989 concrete block and that the batting cages would be a fence structure. Mr. Verdoes added that the roof would be a wood frame. In response to a question from Commissioner Krebsbach regarding the design of the structure, Ms. Rockney stated that the design was a standard design for an above ground dugout. Mr. Verdoes stated that this particular facility would be used during April 1st through the summer months. He stated that the proposed structure would be a very strong structure since it will be in an unsupervised location. Mr. Verdoes stated that the dugouts would be used by an entire baseball team, around 20 to 25 people per team. He explained that the batting cages would be used only by two hitters and two pitchers at one time. He further stated that this particular batting cage will be identical to the ones that the other schools in their conference will be using starting this school year. In response to a question regarding whether the School District discussed or considered other locations for the proposed structures, Ms. Rockney stated that the batting cages and dugouts would have to be placed by the baseball fields. Commissioner Krebsbach asked whether landscaping could be done behind the dugouts and Ms. Rockney stated that it would be right in the middle of the other fields and that it would be pretty difficult to do that. Ms. Rockney stated that at this point in time, the School has no plans for landscaping along Warrior Drive. She further stated they could look into that possibility. In response to a question from Commissioner Duggan, Mr. Verdoes stated that there will be two dugouts, one on each side of the field. He stated that both dugouts would be above ground. Ms. Rockney stated that they don't anticipate beginning the project until next Spring. Page 3 November 28, 1989 Commissioner Tilsen commented that the landscaping idea along Warrior Drive was a valid point. He questioned whether the City may be interested in sharing the costs for the trees. In response to a question from Commissioner Duggan, Ms. Rockney stated that the reason why they are proposing an above ground dugout was that the potential for injuries is limited and that there is a drainage problem in that area. Commissioner Dwyer commented that the batting cage is a big structure and that it is ugly. He further commented that this structure is needed so that the School District can be competitive with the other Schools in the conference. Commissioner Koll stated that she is concerned about the aesthetics. She questioned whether the brick could be dark like the school brick. She stated that it would coordinate or blend in with the architectural image of the school. Ms. Rockney responded that the district could look into that possibility. In response to a question from Chairman Morson, Mr. Verdoes stated that they do not anticipate electricity for the two dugouts. He further stated that they do anticipate electricity for the batting cage for the pitching machines that would be run inside the nets. Chairman Morson expressed concern about vandalism. He questioned how the possibility of graffiti would be handled. Ms. Rockney stated that she didn't know if the possibility of graffiti could be avoided. She further stated that the cleaning of graffiti could be painted over as soon as possible. She stated that the material is not glazed. She stated that they could look into using material that is glazed. Mr. Richard Bjorklund, developer of the property west of Warrior Drive, asked if AYES: 6 NAYS: 0 Page 4 November 28, 1989 there are going to be lights at the fields and that he had some reservations about the parking problem. He stated that during the summer months, people are parking up on the two cul-de-sacs. He wondered if that situation is going to increase. He also wondered if the school district has parking lots available for these people using the fields. He stated that it is a nuisance to the residents living west of Warrior Drive. Ms. Rockney stated that there would be no lights. She further stated that there are parking lots available on the north side and that they do not have any plans to put a parking lot on the south side. Mr. Bjorklund stated that years ago when he purchased the property from the school district that there would be ballfields there and that he can't change program. He stated that he just wanted to alert the City that there could be parking problems in the future. Commissioner Duggan moved to close the public hearing. Commissioner Koll seconded the motion. Commissioner Koll moved to recommend to the City Council that they approve construction for the dugouts as requested with the condition of looking into a type of material that might be graffiti proof or perhaps matching brick to alleviate the type of visual impact. Ms. Rockney stated that they could look into how close they could come to matching the brick. She stated that the brick used to build the school is no longer available. She stated that they would come as close as possible to matching the brick. Commissioner Krebsbach added a friendly amendment to the motion that an effort be made to landscape along Warrior Drive. AYES: 6 NAYS: 0 CASE NO. 89 -35: EAGAN POOL & SPA CAO VARIANCE (HEARING) Page 5 November 28, 1989 Commissioner Duggan seconded the motion. Bob Dahm, Southview Design and Construction, was present to review a request for a CAO Variance from Mr. and Mrs. Hall. He stated that based on input of the Commission, the designers and the homeowners, the homeowners have decided to drop the request to build a pool and proceed with a request to install an octagon spa. He explained that the spa is thirty -six inches (36') deep, about eight feet (8') across and would be partially elevated and partially in the ground. He explained that there would be cedar spa steps and deck around the spa. He further explained that they would remove the existing concrete patio and replace it with a brick paver patio. He stated that a small amount of landscape and low voltage lighting would be installed. He stated that their request for a variance of about twenty feet (20') in the Critical Area Ordinance. Commissioner Tilsen stated that from the minutes, of the first meeting in September when the plans were originally submitted, it was stated by Mr. Dahm that the edge of the bluff was from the end of the lanon wall - twenty feet (20') from the corner of the house was 27- 28feet from the lip of the bluff and 18' from the sunroom. He stated that agrees with what is on the site plan but that it doesn't agree with what is on the latest plan. He stated that what he measures on the new plan is that now we are not looking at a 20' variance but a 38' variance. Mr. Dahm stated that the brick paver patio is not a structure and the he doesn't believe that the brick paver patio needs a variance. He stated that as he understood it that the spa is the structure that they are requesting a variance for. He explained that he was told that the patio was not considered a structure and that he was told it didn't need a variance. Page 6 November 28, 1989 In response to a question from Chairman Morson, Tim Malloy, Planning Consultant, stated that as he reads the ordinance, he would not consider the excavation or the patio pavers themselves as a structure. He stated that it was determined that because there was some excavation for the spa and that there are some steps, etc. it was concluded that it would be considered a structure. Commissioner Tilsen questioned if the spa will be draining into the sanitary sewer system or directly into the ground. Mr. Ross Erickson, Eagan Pool and Spa, explained that a hole would be dug into the ground and filled with rock. He explained that when the spa is drained, the water will not coagulate on the ground nor will it go out over the bluff line. He stated that the water will disperse into the ground. He stated that he doesn't feel that it will cause any hazards as far as water causing the neighbors problems. Commissioner Duggan questioned whether there would be a gazebo type structure constructed over the spa. Mr. Erickson stated that the spa will be elevated about fifteen inches (15 ") out of the ground and that a wood deck would be constructed around the spa. He stated that at no point in previous discussions was a gazebo considered. Chairman Morson confirmed with Mr. Erickson and Mr. Dahm that what they are requesting is an additional four feet (4') from their existing house regardless of where the bluffline is. Mr. Dahm agreed with Chairman Morson. Mr. Dahm explained that the spa extends four feet (4'). He explained that the Hall's did not want the spa and spa steps centered exactly in their window space and that it is off centered a little bit. He stated that they wanted to keep a fairly clear visual effect. Commissioner Krebsbach questioned if there was ever a variance granted for the porch. Page 7 November 28, 1989 Mr. Dahm explained that the porch has been there for thirty (30) years. Commissioner Tilsen responded that the porch was built before the Critical Area Ordinance was in effect. Commissioner Krebsbach questioned if there would be a drainage problem created by the hard surface being so close to the bluffline. Mr. Dahm explained that the majority of the run off will occur on the surface. He stated that it will drain through this system. Commissioner Krebsbach then questioned where the drainage would go. Mr. Dahm stated that the drainage would occur on their land. In response to a question from Commissioner Tilsen, Mr. Erickson stated that the spa would be drained about four (4) times a year. Mr. Erickson stated that the existing patio will be removed and replaced by a brick paver patio with a sand base. He stated that will become more of a less impervious surface. Mr. Dahm stated that he doesn't feel that the current plan is significantly altering the existing condition. Commissioner Dwyer commented that this plan is a responsible compromise. Commissioner Koll then commented that the Commission commends the Hall's on their repeal of their initial want and the compromise that they have come up with. Mr. Erickson stated that he would relay that information to the Hall's. Mr. Mike Corbet, 1132 Sibley Memorial Highway, stated that he lives right below the Hall's. He stated that he is very concerned about run off. He stated that during the super storm their home was flooded badly and since then they seem to be getting flooded more and more. He stated that the vegetation is dying in that area. He stated that their home is not that far away. Mr. Corbet questioned if there are chemicals AYES: 6 NAYS: 0 Page 8 November 28, 1989 in the spa. Mr. Erickson responded that the chemicals would go down below surface levels. Mr. Corbet responded that the chemicals will drain through the bluff and that it will go right into the existing vegetation. Chairman Morson asked if there is sanitary sewer at this house and if the spa could be drained into the sanitary sewer system. Mr. Erickson stated that there is sanitary sewer at the home and that it could be an option to drain the spa into the sanitary sewer system. In response to a question from Chairman Morson, Acting City Administrator Danielson stated that there are no City Ordinances restricting drainage of spas into the sanitary sewer system. In response to a question from Commissioner Dwyer, Mr. Erickson stated that the spa holds about 400 gallons of water. Chairman Morson stated that he is concerned about the water draining out to the slope. He stated that he is concerned about the chemicals and that he would like to see the approval of this plan with a condition that the spa be drained into the sanitary sewer system. Mr. Erickson stated that it is very low doses of chemicals and that he couldn't believe that it would leach into the bluffline and kill the vegetation. Mr. Corbet further described the amount of erosion that has occurred down the bluff. Commissioner Dywer moved to close the public hearing. Commissioner Duggan seconded the motion. Commissioner Koll questioned how many inches or feet for the chemicals to be eliminated from the water. Mr. Erickson wasn't unable AYES: 5 NAYS: 1, Tilsen CASE NO. 89-34 MINNESOTA'S IN- DOOR SOCCER & TRAINING COMP. - AMEND. TO ZONING ORD. & CUP (HEARING) AYES: 6 NAYS: 0 CASE NO. 89-40 FRYE, RICHARD - CAO VARIANCE (HEARING) Page 9 November 28, 1989 to answer the question. Commissioner Dwyer moved to recommend to the City Council that a twenty foot (20') setback from the bluffline (or an extension for the spa of four feet (4') from the existing home), variance to the Critical Area Ordinance be granted with the condition that the drainage system be tied into the existing sanitary sewer system. Commissioner Duggan seconded the motion. Commissioner Duggan moved to continue the public hearing to the January 23, 1990 Planning Commission meeting at 8:00 P.M. Commissioner Dwyer seconded the motion. Mr. Richard Frye, 1845 Hunter Lane, was present to review his request for a variance to the Critical Area Ordinance to construct a two story addition to his home. He stated that he and his family have resided in Mendota Heights for 31 years. He further commented that he owns his property on Hunter Lane down to Highway 13. Chairman Morson questioned Mr. Frye on how he feels and what would justify that extent of a structure that far into the setback in the Critical Area. Mr. Frye stated that he wants to extend the continuation of the south wall of his basement to a point 41 feet to the west and turn north and go 31 feet and then back to the property. He stated realistically that it would be eight feet (8') from the bluffline. Mr. Frye stated that there are a number of trees on his property both to the west and angling off to the north that give him a very low profile house. He stated that the Page 10 November 28, 1989 thirty-two foot (32') variance is only at that point. He stated that it will not be necessary to build a retaining wall and that there is no need to eliminate any trees. He stated that they will not disturb the trees and shrub growth. He stated that there is no chance for an erosion problem. He further stated that the southern area will not be disturbed. He stated that this proposed addition really does not affect the main part of the Critical Area that the Ordinance is trying to protect. He further commented that there is no buildings to the south except for the two buildings that Paul Katz has put up in recent years. He stated that he has been a protector of the bluff for a long time. Mr. Ralph Woodlyn, Scandinavian Homes, builder for the Fryes, stated that the peak of the roof would be about twenty-four feet (24'). He stated that the addition would be no higher than the existing home. Chairman Morson, noting on the survey submitted, questioned that there are three (3) retaining walls shown on the survey. He stated that the retaining walls seem to cross the property line. He asked who owns the retaining walls. Mr. Frye responded that the walls were built by his neighbor, Paul Katz. He stated that they extend onto his property eight to nine feet (8'- 9'). In response to a question from Mr. Frye, Chairman Morson stated that applying to the same principal as the previous matter on tonight's agenda, stated that he scales his house at the corner about seventeen feet (17') from the bluffline. He stated that he is not trying to establish where the bluffline is. He further stated that he scaled the corner of the building over to the addition to be three feet (3'). He stated that that would be a fourteen foot (14') difference. Mr. Frye commented that the drawing is something that they have to go by but in reality, it is something different than that. Chairman Morson stated that what he was trying to say was that the Page 11 November 28, 1989 building line is fixed and if that approximate line of the bluff is given as an angle you can apply that angle, regardless of how far it is, away from the building and then measure the difference as he just did and stated. Chairman Morson asked Mr. Frye if he has considered building the pool without a building over it. Mr. Frye responded that he knows that one of the points in the ordinance is that in some way you have to show hardship. He stated that he thinks it is hard to do that when you want to build an indoor swimming pool. He explained that presently he has an owner/operator business that is operated about 8 1/2 months out of the year (spring, summer, fall) and it is impossible for them to use their summer home. He stated that they have not used the home in about five (5) years. He also stated that they don't do a lot of traveling. He stated that they decided that they want a pool but an indoor pool that they can use primarily during the winter time. He stated that they will probably use it more during the winter time than in the summer time. He further commented that it is a big structure and that it built that way for two reasons. One is to protect their westerly view of the skyline and secondly the contractor has had success in building pools without having moisture problems and part of it is the amount of cubic air, the volume within a room, will contribute to proper circulation. Commissioner Tilsen stated that he visited the site and found the survey to be accurate. He further stated that he liked seeing the trees on the survey. He questioned where the water will drain. Mr. Frye answered that the water will be drained into the sanitary sewer system. Commissioner Tilsen stated that he would really like to encourage that even if this size of an addition was put on somehow away in the front of the house. He stated that it would be much less distracting to the bluff line. He stated that their house is 1 Page 12 November 28, 1989 so far back that it would be hard to see the addition from the road. He stated that he would like to encourage that kind of direction to be taken. He stated that he is really opposed to going any closer to the bluffline than the forty feet (40') which was established. He stated that he would like to see the Planning Commission not encroach any more than what it already is. Commissioner Duggan expressed his concern about the obstruction of the neighbor's view. He stated that he was unable to review the site because he was out of town. In response to a question from Commission Krebsbach, Mr. Frye stated that the reason why they are not putting the addition on in front of their home is because there is no place to attach the addition. He stated that everything incorporated in the basement with the walkout situation is the appropriate means for their addition. Commissioner Krebsbach stated that she couldn't in good conscious approve something that substantially block someone else's view. Mr. Frye responded that he had contacted two out of the three neighbors. He stated that he talked to John Troska and Rick Marshall. He stated that both of those people indicated that the addition would not block or infringe on their visibility of the scenic areas. Both neighbors have submitted statements of support for Mr. Frye. Commissioner Krebsbach asked if the people adjacent to the Frye's home visibility would be restricted. Mr. Frye stated that it would be minimal or not restricted at all in relation to the Katz's. Mr. Frye further responded that the Katz's view is primarily to the west and that it angles slightly to the north. Mr. Frye stated that a very small amount of his house is in the forty foot (40') setback. He stated that he would like to see the same consideration given to him and Page 13 November 28, 1989 that he feels that the addition will be a very minor impact on the Critical Area. He stated that he would like to be given the same consideration that was given to other recent approvals variances like the Hunter's or Cochranes and most recently the Katz's. Mr. Eric Miller, Attorney for the Katz's, stated that as a new resident of Mendota Heights, having reviewed the Critical Area Ordinance - it's a gem. He stated that the Ordinance is clear, concise and it ought to be enforced in this case. He stated that the Katz's participated with the Frye's in purchasing some land earlier this year. He stated that the Commission approved the subdivision for the purpose of preventing the development and to continue the scenic view of that area. He further stated that the Katz's informed him that any member of the Commission is more than welcome to come over and stand in the Katz's backyard to view the premises that is in question. He stated that there is a substantial view off to the south, directly off of the back of the Frye's house. He stated that the code that is involved there, referring to the planning report, clearly backs that up. He stated that the encroachment is substantial and that the ordinance should be strictly enforced. He referred to the planning case report submitted. He brought to the Commission's attention a section in the Critical Area Ordinance referred to as section 5.4e regarding "proven hardship." He stated that there isn't any evidence of proven hardship to justify this kind of encroachment. He asked the Commission to deny this request for reasons sited in the reports and because of a very good and commendable Ordinance that ought to be enforced. Ms. Vicki Katz, neighbor to the Frye's, reiterated that the Commission is invited to come and stand in their backyard to see the impact that the addition will have and to also view it from inside their home. She Page 14 November 28, 1989 stated that the Frye's house is already well in front a major portion of their view. She further commented that Mr. Frye never approached them to review the plans of their addition. Mr. Frye apologized to Ms. Katz for not approaching her regarding their addition. He stated that when the people come and stand in the Katz's backyard and look west and look at the view they should also come to our yard and look back and see that the wall, gazebo, storage building all the three walls that probably consist in a thirty foot (30') height which is strictly against the ordinance which is a man made keystone wall, He stated that the Commission should come and see what has been done to ruin the bluff area. He asked why the Katz's were able to build a gazebo out on the bluff when they could have built it back toward the road. Ms. Elizabeth Frye, daughter of Richard Frye, stated that there aren't two people on the bluff that really want to prevent any kind of obstruction and want to blend in more. She stated that everything has always been made to blend in. She stated that they have watched other people build on the bluff. She stated that the Commission, as representatives of the community, that regardless of how this goes, should look at how certain things get passed and how they don't. She stated that if you walk along the neighborhood, there seems to be parenthetical ordinances that certain people have to adhere to and certain others don't. Chairman Morson asked if Mr. Frye would be against continuing the hearing so that the Commission could visit the properties in question. Mr. Frye stated that he would prefer to move on ahead and submit the request to the Council. He stated that postponing it will not solve the problem. Mr. Rick Marshall, neighbor, stated that in the future they too have plans to enclose a swimming pool. He stated that their neighbors to the north, Cochranes, Kurtz's and the Hunter's, all must be within, at the AYES: 4 NAYS: 2, Tilsen Dwyer CASE NO. 89 -42 MENDAKOTA COUNTR CLUB - WETLANDS PERMIT & CUP (HEARING) AYES: 6 NAYS: 0 Page 15 November 28, 1989 most, thirty feet (30') of the bluff line. Chairman Morson stated that there has been a lot of structures that have been grand - fathered into this Ordinance. Mr. Frye then informed the Commission that he would bring this topic up at a later date. Chairman Morson stated that the Commission wants to be fair in making a recommendation to the Council. He stated that he can't make a solid judgment based on the complaint that the Katz's have made or make a solid judgment based on your described obstructions. After a brief discussion, Commissioner Duggan moved to continue the public hearing to December 26, 1989 at 8:15 P.M. Commissioner Koll seconded the motion. Mr. John Carl, Vice President of Mendakota YCountry Club, made a presentation that included a halfway house that was an add on item to the planning application. Mr. Carl stated that the halfway house would be located in the vicinity of the new pumphouse between the nineth and eleventh green. Mr. Carl submitted plans specifying location of the halfway house. The Planning Commission queried Mr. Glen Lentner regarding the pumphouse located next to Roger's Lake. Mr. Lentner stated that the new pumphouse which is slightly larger to include new automatic equipment will be located where the existing pumphouse is. He also stated that both pumphouses are in the center of the property and not near property lines. Commissioner Dwyer moved to close the public hearing. Commissioner Duggan seconded the motion. AYES: 6 NAYS: 0 CASE NO. 89 -44 C.L.T. FLOOR SIGN SETBACK VARIANCE AYES: 5 NAYS: 0 ABSTAIN: DUGGAN Page 16 November 28, 1989 Commissioner Duggan moved to recommend to the City Council that they approve the request for a CUP amendment for two new pumphouses and a Wetlands Permit. He further moved to recommend that the City Council approve the halfway house presented to the Commission, referred to as the plans submitted dated 11 -20 -89 and signed by John Carl, subject to staff review. Commissioner Duggan stated for the record that there were no members of the public present to speak on this case. Commissioner Dwyer seconded the motion. Mr. Dave Dinger, C.L.T. Floor Coverings, Inc., presented his request for a sign setback variance and introduced Mr. Steve Kurtz of Nordquist Signs. He stated that the sign met with the approval of Dale Glowa of United Properties who had reviewed it regarding the requirements of United Properties' sign policy. Chairman Morson asked Mr. Dinger about the number of customers showing up at the business. Mr. Dinger stated that his business was a service company, not a retail outlet. Chairman Morson asked him if the sign was in the most appropriate location. Mr. Dinger stated yes, because any other location would be blocked by the pine trees. Commissioner Koll recommended to the City Council that a sign setback variance of thirty two feet (32') be approved. Commissioner Dwyer seconded the motion. Commissioner Duggan stated that he must abstain from voting because his wife is associated with the business. VERBAL REVIEW Acting City Administrator Danielson briefly reviewed Council actions with the Planning Commission. ADJOURN Page 17 November 28, 1989 The Planning Commission announced that they would be meeting as a body at 10:00 A.M., Saturday, December 2, 1989, at Mr. Richard Frye's house to review the objections of the neighbor regarding CASE NO. 89-40. There being no further business Commissioner Dwyer moved to adjourn the meeting at 10:05 o'clock P.M. Commissioner Koll seconded the motion. Respectfully submitted, Kimberlee K. Blaeser Senior Secretary