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1987-03-24 Planning Comm MinutesCITY OF MENDOTA HEIGHTS PLANNING COMMISSION AGENDA MARCH 24, 1987 - 7:30 P.M. 1. CALL TO ORDER. 2. ROLL CALL. 3. APPROVAL OF MINUTES, January 27 (tabled from January 27 meeting) and February 24. 4. HEARINGS• a. Zoning Ordinance Amendment to Allow Kenneling in a B-2 Zone. (Mendota Heights Animal Hospital) 7:45 P.M. b. Zoning Ordinance Amendment For Aircraft Noise Attenuation. 8:00 P.M. c. CASE NO. 87-03, Tandem Cor�oration,� Rezoning and Subdivision (for Copperfield III). 8:15 P.M. d. CASE NO. 87-04, Putnam Associates, Rezoning, Subdivision, and CUP for PUD (for King Property). 8:30 P.M. e. CASE NO. 87-05, Anderson, Subdivision. 8:45 P.M. 5. NEW BUSINESS• a. CASE NO. 87-01, Schweigert Variance. b. CASE NO. 87-06, Adrian, Variance. c. CASE NO. 87-07. Kilburct, Variance. 6. VERBAL REVIEW. 7. ADJOURN. CITY OF MENDOTA HEIGHTS MARCH 24, 1987 PLANNING COMMISSION MINUTES The regular meeting of the Mendota Heights Planning Commission was called to order by Chairman Morson at 7:30 o'clock P.M, The following members were present: Morson, Henning, Anderson, Krebsbach, and Burke. Duggan and McMonigal had notified the Commission that they would be absent. Also present were Planning Consultant Howard Dahlgren and Public Works Director Jim Danielson. APPROVAL OF MTNUTES Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 MISCELLANEOUS Commissioner Burke moved approval of th.e January 22 minutes as submitted previously. Cammissioner Henning seconded the motion. Commissioner Henning moved approval of the February 24 minutes as submitted. Commissioner Anderson seconded the motion. City Administrator gave a short slide show presentation on the parks bond referendum. HEARING, ZONING Chairman Morson called the meeting to order � ORDINANCE AMENDMENT for the purpose of a public hearing to KENNELING IN B-2 consider an amendment to Ordinance 401, DISTRICT Section 13.2(6), which would allow kenneling of small animals in an animal hospital located in a B-2 zone. No one was present for the hearing and staff advised that Dr. Koepke, of the Mendota Heights Animal Hospital, presently has 16 indoor runs now, with no plans to expand them. Chairman Morson wondered if Dr. Koepke's original conditional use permit could be amended, rather than amend the Zoning Ordinance. Commissioner Burke felt the amendment should state ...."and which includes kenneling". Commissioner Burke moved ta recommend approval of amending Ordinance No. 401, Section 13.2(6) to read: Animal Hospital (Veterinary Clinic). As used hereinunder the term "Animal Hospital" or "Veterinary Clinic" shall be deemed to mean a facility for the diagnosis, treatment and medical care of small animals, in which all professional services are conducted within an enclosed building and which includes the -1- Ayes: 5 Nays: 0 MARCH 24, 1987 PLANNING COMMISSION MINUTES kennelina of such animals. The motion died for lack of a second. Commissioner Anderson suggested granting a variance to the original conditional use permit. Planner Dahlgren stated that changes in land uses can not be handled by a variance, only by a conditional use permit. There being no questions or comments from the audience, Commissioner Krebsbach moved to close the public hearing at 7:59 P.M. Commissioner Anderson seconded the motion. Commissioner Henning suggested that Commissioner Burke bring his original motion back to the floor, where he felt he could now second the motion. Commissioner Burke moved to recommend approval of his original motion to amend Section 13.2(6), as stated previously. Commissioner Henning seconded the motion. Ayes: 5 Nays: 0 HEARING, ZONING Chairman Morson called the hearing to order ORDINANCE AMENDMENT for the purpose of considering an amendment to AIRCRAFT NOISE the Zoning Ordinance to allow for aircraft ATTENUATION noise attenuation in certain zanes of the City. City Administrator Frazell gave a brief background presentation and two persons were present for the hearing. Administrator Frazell noted that there would be definite increased costs to builders/homeowners in implementing this proposed ordinance and it wauld also amend the existing building code. Mr. Larry Shaughnessy, former Metropolitan Aircraft Sound Abatement Council representative, explained how the noise zone lines were designed, noting that they were designed almost by compromise. Most oi the southern portion of the City is designated as being in one of faur aircraft noise zones. As part of the discussion, Commissioner Henning stated he could not support the -2- Ayes: Nays: Ayes: Nays: RECESS 5 0 MARCH 24, 1987 PLANNING COMMISSION MINUTES ordinance until the airport directs and controls air traific more expeditiously. He felt that the Metropolitan Council needs to go to the FAA and ask their cooperation, since Mendota Heights ha no clout with the FAA. Chairman Morson asked for questions or comments from the audience. Mr. Richard Putnam, from Tandem Corporation, stated that with better insulation methods, the 494 freeway noise would be shut down, since he felt the freeway noise was more objectionable than the aircraft noise. Mrs. Celia Kennedy, 2367 Delaware Avenue, disagreed with Mr. Putnam, stating that she felt the air noise is much worse than the freeway noise. Mr. Merril Biel, 2363 Delaware agreed that the air traffic noise is worse than the 494 traffic. Planner Dahlgren felt that if the City adopts the model noise ordinance now, it could be on the condition that flights stay in the proper corridor. There being no further questions Commissioner Burke moved to close hearing at 8:40 P.M. Commissioner Henning seconded the or comments, the public motion. Commissioner Krebsbach asked what the benefits would be to the residents if the proposed ordinance is adopted. After further discussion, Gommissioner Henning moved to recommend adoption of the proposed model noise ordinance and urged that the City Council strongly suggest that the MAC, FAA, and Metropolitan Council make use of the noise corridors as delineated on the map and that they utilize the Highway 55 corridor, and that air traffic not be directed to begin their turns within any of the contour lines. Commissioner Burke seconded the motion. Chairman Morson called for a recess at 8:45 P.M. -3- MARCH 24, 1987 PLANNING COMMISSION MINUTES HEARINGS, CASE NO. 87-03 and 87-04, COPPERFIELD III, & KING PROPERTY The meeting was reconvened at 8:50 P.M. Chairman Morson called the meeting to order for the purpose of a public hearing to consider a rezoning and subdivision proposal for Copperiield III and the King property in the southeast area of the City. Mr. Richard Putnam, Tandem Corporation, and Mr. Steve Ryan, Lyman Lumber, were present to explain the proposals. Mr. Putnam noted that Copperfield Phase III corresponds to air zone IV. He also noted that all the lots in Phases I and II are sold. He explained the various concerns with the pond drainage, and the high water marks that were established by the Department of Natural Resources on some of the ponds. He stated that all the properties can be served by sewer all the way to 494. He further advised the Commission that there may be eight lots requiring a wetlands permit, but it is uncertain at this time. Mr. Putnam then went on to explain the King property proposal, to be known as Hampshire Estates, which would be a single family development with 15,000 square foot lat sizes. He noted that 6 1/2 acres of the property is right-of-way for Mendota Heights Road. In this proposal, there may be five lots needing a wetlands permit and the DNR may need to grant a iill permit for the area near the park area contribution, but he was not sure if the DNR would grant the fill permit. He said if the fill permit is not granted, the park area would be reduced to about 1/2 the size of a football field, rather than a full size field. There would be protective covenants nearly the same as in the Copperfield phases, but the home prices would be slightly less, ranging from $140 to $200/$210,000. Copperfield home prices range from $200-$300,000. Planner Dahlgren suggested a continuation of the public hearing to the April 28 meeting to determine the area of park dedication and other concerns. Commissioner Krebsbach moved to continue the public hearing for both applications to the April 28 meeting at 7:30 P.M. Commissioner Anderson seconded the motion. -4- MARCH 24, 1987 PLANNING COMMISSION MINUTES Chairman Morson asked for questions or comments from the audience. A lady asked if all the pipes would be underground and if the water would drain counter clockwise. A gentlemen asked if the placement of Mendota Heights Road was fixed yet and if so, was 'tI'll5 causing the crowding of the park area. Dr. Ted Owens noted that the Mendota Heights Road placement originated with the McNulty proposal some years ago. Mr. Rich Gabriel, 670 Apache Lane asked if a fill permit from the DNR had been applied for yet and stated that he felt the residents need more park area. There being no further discussion, a vote was taken on the motion on the floor to continue the public hearing to April 28, at 7:30 P.M. Ayes: 5 Nays: 0 HEARING, CASE NO. Chairman Morson called the hearing to order 87-05, ANDERSON, for the purpose of a public hearing to SUBDIVISION consider an application from Carl Anderson for the subdivision of property located in the vicinity of First Avenue and Vandal. Mr. Anderson stated he proposes 17 single family lots and that he would like to extend Brookside Lane to Laura, then to First Avenue. Lot prices would range from $30-$50,000, with protective covenants similar to those in the Ivy Falls area. Chairman Morson expressed concern with the isolated lots that would be landlocked in the proposed plat. Planner Dahlgren noted that the proposed plat conforms to all ordinance requirements, but that problems may arise with the surrounding property owners. Chairman Morson asked for questions or comments from the audience. Mr. Joseph Bird, 676 Laura Court, felt it '� MARCH 24, 1987 PLANNING COMMISSION MINUTES would be impossible to develop the property without disturbing other properties. He noted that he has 165 feet along Emerson and he objects because the area is all peat and unbuildable. Mr. Anderson noted that Twin City Testing°s soil borings indicate that the area is buildable. Mr. Bird objected to the use of the drainage ditch in his praperty. Mr. Ray Burrows, 668-1st Avenue expressed concern with the drainage south of First Avenue. He asked if the platting changed the utilities planned previously for the area. He also expressed concern with access for emergency vehicles. Mrs. Joan Robinson, 1375 Laura, noted that Laura Street only has 18 feet of driving area, and Brookside will have 30 feet of driving area. Mr. Pat Hickey, 1334 Sylvandale Road, asked where Clement, Emerson, and Sylvandale meet and if the woods would be wiped out. He expressed concern for the property values in the area. Mrs. Blum, 669-1st Avenue asked if there would be any access for their back lot in the event they wish to sell in the future. Mr. Vince Becker, 694-1st Avenue asked what the rational was for developing the road system, instead of extending Vandal northerly. Mr. Ralph Hussner, 654-1st Avenue noted that ISD #197 is interested in selling their 4 1/2 acre property for development. Mr. Ray Christensen, 1356 Clement, noted that he has no idea of selling the back portion of his lot and expressed a desire to keep the wooded land. Mr. Ray Burraws felt there is a need for a back access ta the Somerset School property and asked if a footbridge could be considered. Commissioner Henning moved to continue the public hearing to April 28, at 8:00 P.M., to � Ayes: 5 Nays: 0 MARCH 24, 1987 PLANNING COMMISSION MINUTES allow time for the developer to wark with the neighbors on their concerns. Commissioner Krebsbach seconded the motion One of the residents expressed concern with excessive speeding on First Avenue and Public Works Director Danielson noted that he would advise the Police Department of the problem. CASE NO. 87-01, Mr. Keith Schweiger was present to request a SCHWEIGER, VARIANCE 2.7 foot setback variance to allow construction of a 12' x 12' three season porch at 2291 Ocala Court. He noted that originally the porch fit on the lot, but his architect suggested tipping the house location to line up with the neighbor's garage on the Court. He had written approval from his adjacent neighbors for his proposal. Commissioner approval of � construction as requested. Commissioner Ayes: 5 Nays: 0 Henning moved to recommend 2.7 foot variance to allow of a 12' x 12' three season porch Anderson seconded the motion. CASE NO. 87-06, Mr. Ed Adrian, 1549 Dodd Road, was present to ADRIAN, VARIANCE request approval of a 30 foot front yard setback variance on 4th Avenue to al]:ow construction of an 8' x 20' screen porch to the back of his existing family room, which is constructed right on the property line at a zero foot setback. There was also some question as to whether a wetlands permit needed consideration, but it was determined that the wetlands area did not extend to his structure. Commissioner Henning moved to recommend approval of a 30 foot front yard setback variance to continue the existing setback which is zero on 4th Avenue. Commissioner Krebsbach seconded the motion. Ayes: 5 Nays: 0 CASE NO. 87-07, Mr. Jim Kilburg was present to request a KILBURG, VARIANCE variance to allow construction of a new home -7- l MARCH 24, 1987 PLANNING COMMISSION MINUTES at 819 Cheri Lane. The variance is to save a black walnut tree in the back yard and he had written permission from his adjacent neighbors to place his home approximately 20 feet ahead of the other homes on Cheri Lane. He noted that if a 20 foot variance to the established setback were granted, his home would be about 20-25 feet away from the walnut tree. After further discussion, Commissioner Anderson moved to recommend that a front yard setback variance be granted in this case of 12 feet to move the setback from 72 feet to 60 feet as requested. Commissioner Henning seconded the motion. Ayes: 5 Nays: 0 ADJOURN There being no further business to come before the Commission, Commissioner Burke moved that the meeting be adjourned. Commissioner Krebsbach seconded the motion. Ayes: 5 Nays: 0 TIME OF ADJOURNMENT: 11:06 o'clock P.M. �