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1988-07-26 Planning Comm MinutesREVISED CITY OF MENDOTA HEIGHTS PLANNING COMMISSION AGENDA JULY 26, 1988 - 7:30 p.m. 1. Call to Order. 2. Roll Call. 3. Acknowledgement of Resignation of Commissioner Henning and Election of new Vice-Chairman. 4. Approval of June 28 Minutes. 5. New Business: a. CASE NO. 88-26, Hastings, Wetlands Permit & Variance. b. CASE NO. 88-28, Bartusch, Lot Split. c. CASE NO. 88-29, Bjorklund, Wetlands Permit. 6. HEARING: a. CASE NO. 88-27, Patrick, Subdivision. 8:00 P.M. 7. Old Business: a. CASE NO. 88-24, Peyer, Lot Split - tabled from June meeting. b. NEW ITEM - CASE NO. 88-30, Rubin, Variance. Oral report from Planner Dahlgren at the meeting. Applicant will be present about 8:30 P.M. 8. Pre-application Meeting to Review Revised Concept For Kensington PUD. Developers Will Be Present. 9. Verbal Review. 10. Adjourn. Page 1 July 26, 1988 CITY OF MENDOTA HEIGHTS PLANNING COMMISSION MINUTES, JULY 26, 1988 The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, July 26, 1988, in the City Hall Council Chambers, 750 South Plaza Drive. Chairman Morson called the meeting to order at 7:30 P.M. The following members were present: Morson, Anderson, Duggan, Krebsbach and McMonigal. Burke had notified the Commission that he would be absent. Also present were Planner Dahlgren and Public Works Director Danielson. RESIGNATION APPROVAL OF MINUTES Ayes: 5 Nays: 0 CASE NO. 88-26, HASTINGS, WETLANDS PERMIT & VARIANCE The Commission acknowledged the resignation of former Commissioner Stu Henning and commended him for his wonderful work with the Commission, asking the City Council to acknowledge his work, and stating that he will be missed. Commissioner Duggan moved approval of the June 28 minutes as corrected on pages 2, 4 & 5. Commissioner McMonigal seconded the motion. Mr. Rollin Crawford, attorney for Thomas Hastings, was present to request a wetlands permit and front yard setback variance for Mr. Hastings, to allow construction of a single family home on Lot 3, Block 1, Valley Curve Estates, which fronts on Marie Avenue. Mr. Crawford noted that the adjacent home is set back 72 feet from Marie and that variances and wetlands permits were known to be needed in approving this subdivision two years ago. Mr. Hastings proposed a seven foot front yard variance to allow his home to be 50 feet from Marie, which is 1/3 of the lot depth and a wetlands permit to allow the home to be within 55 feet of the wetlands area. The applicant also requested a reduction in the width of the water easement on the north side of the rear of Lot 3. He asked that the easement be 10 feet wide along the north edge and Mr. Crawford advised the Commission that this request may require a public hearing at the Council level, but he wanted the Commission's input first. Ayes: 5 Nays: 0 CASE NO. 88 -28, BARTUSCH, LOT SPLIT Page 2 July 26, 1988 The concensus of the Commission was that they should do whatever is allowed to narrow the water easement. Commissioner Anderson asked if the deck could be moved to another location so as not to encroach on the easement. Mr. Hastings said the deck plans have been changed and it is now six feet closer to the house. Public Works Director Danielson said that the easement could be amended, if necessary and a reasonable easement width would be as the applicant proposed. Mr. Hastings said he will provide an updated deck plan to the City Council. Commissioner Krebsbach expressed gratitude for the preservation of trees along Marie for this lot. Commissioner Anderson moved to recommend: 1. approval of a front yard setback variance of 26 feet, allowing the home to be located 50 feet, rather than 57 feet from Marie. 2. approval of a wetlands permit to allow the home to be within 55 feet of the wetlands. 3. that the City Council look with favor on the request that the water easement be squared off to run 10 feet in width along the entire length of the rear of the property of Lot 3, Block 1, Valley Curve Estates. Commissioner Duggan seconded the motion. Mr. Harold LeVander was present representing Mrs. Florence Bartusch, 1753 Sutton Lane, who was asking for a lot split to add three more feet from the rear of the lot behind hers (Mr. Hoene's lot, 1752 Trail Rd.) to her lot. This transfer of property would have no adverse affect on either lot, with both lots still containing more than the required 15,000 square feet of lot area. Ayes: 5 Nays: 0 CASE NO. 88-29, BJORKLUND, WETLAND PERMIT & VARIANCE Page 3 July 26, 1988 Commissioner Duggan asked if Mrs. Bartusch would pay for a new, updated survey for Mr. Hoene's mortgage company. The Commission agreed to recommend waiving of the lot split application fee for Mrs. Bartusch. Mr. LeVander stated he will be sure to see that the survey is recorded by Dakota County. Commissioner Duggan moved to: 1. Recommend approval of the minor lot split as requested. 2. Be sure that the proper surveys are submitted to the County at no expense to Mr. Hoene. 3. Recommend waiving of the application fee. Commissioner McMonigal seconded the motion. Mr. Dick Bjorklund, Jr. was present to request a wetlands permit and variance to allow construction of a single family home for John Spanjers on Lot 2, Block 1, Valley Curve Estates, which is just west of the previous Hastings lot. Mr. Bjorklund noted that the garage will be 20 feet from the east lot line and proposes a turn around driveway five feet from the lot line, so the owner doesn't have to back out onto Marie Avenue. He noted that there is a six foot easement on the east property line which will not affect construction at all. The applicant requested a front yard setback variance of 36 feet, allowing the home to be 40 feet from Marie Avenue. Commissioner Krebsbach expressed her thoughts over the trees in the front yard and asked that as many as possible be kept. Commissioner Krebsbach moved to recommend approval of a 36 foot front yard setback variance, allowing a single family home to be located 40 feet from Marie and within 54 Ayes: 5 Nays: 0 CASE NO. 88-27, PATRICK, SUBDIV- ISION, HEARING Page 4 July 26, 1988 feet of the wetlands for Lot 2, Block 1, Valley Curve Estates. Commissioner Duggan seconded the motion. Chairman Morson called the meeting to order for the purpose of a public hearing to consider a request from Mr. Stephen Patrick, 737 Mendota Heights Road, for the subdivision of his 6.75 acre parcel of land located between Mendota Heights Road and 1-494. Mr. Patrick stated that he would like to create four lots and an outlot. His existing home would remain on one of the lots. He noted that the land is zoned single family but is designated multi- family in the Comprehensive Guide Plan. He and his wife plan to stay in their existing home and do not want to see multi-family housing next to their home. The property in question is hilly and heavily wooded and a portion of the outlot is a swampy area, but is not a designated wetlands. He proposes a temporary cul-de-sac until the Clark property to the west is developed. Mrs. Patrick showed photos of their existing home and of homes constructed along freeways. The westerly cul-de-sac is proposed to be a future public street. Mr. Patrick indicated the lot sizes to range from almost 53,000 square feet to 20,000 square feet. Commissioner Duggan asked if Lot 4 (nearly 53,000 square feet) could be subdivided in the future. The response was probably not, due to the steep grade change. Commissioners Anderson and Duggan expressed their concern over the future of the outlot. In response to a Commission question, Mr. Patrick noted that his present driveway is about 600 feet long. Chairman Morson stated he would like to see an aerial photo and topo of the area. He then asked for questions or comments from the audience. Ayes: 5 Nays: 0 Page 5 July 26, 1988 Mr. Irving Clark, owner of the property to the east of Mr. Patrick, was present and said Mr. Patrick clearly stated the details of the plan and Mr. Clark was in agreement with the plans and with preserving the land as single family. He noted that there are no structures on the west side of the proposed cul-de-sac, as Mn/DOT took his home for 494, but that a swimming pool still remains south of the proposed plat. Mr. Tom Boyce, Centex developer, stated everything Mr. Patrick said is true and he is agreeable with all of it. Mr. Dick Putnam, Tandem Corporation, said he expects to be before the Commission within the next month or so for development of the Opus property which is nearby. A lady in the audience asked if apartments lower property values of single family homes on the same street. Commissioner Duggan responded to her concerns. There being no further questions or comments from the audience, Commissioner Anderson moved that the public hearing be closed at 8:50 P.M. Commissioner Duggan seconded the motion. Commissioner Anderson stated that he felt the subdivision is not compatible with the Comprehensive Plan, that it is premature and that he would need to see what is planned for the Clark property. He moved to recommend disapproval of the preliminary plat. There was no second to the motion, therefore the motion died for lack of a second. Commissioner Duggan moved to recommend approval of the preliminary plat as presented, with the provision that this is acceptable to Mr. Clark, that Mr. Patrick provide more documentation on his plans for lot swaps or sale prior to City Council action being taken, that any easements be properly defined for Council consideration, and that the final plat contain everything the Council requires, i.e., location of Page 6 July 26, 1988 trees, etc. Commissioner Krebsbach seconded the motion. Ayes: 4 Nays: 1, Anderson Mr. Clark asked the Commission not to ask him to agree or disagree on what Mr. Patrick does with the land that is purchased from him. CASE NO. 88 -24, Ms. Jann Peyer, 606 Sibley Memorial PEYER, LOT SPLIT Highway, was present for this matter, which had been tabled from the June 28 meeting. She distributed drawings showing how a home could be situated on the proposed new lot. She asked for approval of a 20 foot variance from Eugenia and variances to the lot sizes for both lots. She noted she would build and occupy the new home, and that in approving the lot split, two new lots would be created out of four smaller lots. Ayes: 3 Nays: 2, Anderson, Morson The Commission advised Ms. Peyer that she would need to acquire a driveway permit from Mn /DOT for an entrance onto TH 13. Commissioner Anderson was not enthused about this proposal and felt it was not in harmony with the existing neighborhood. Commissioner McMonigal saw no problem in obtaining the Mn /DOT permit and had no problem with the proposed new home being 10 feet from Eugenia, which will probably never be used as a street, but which serves an important function as a bike pathway. Commissioner Krebsbach moved to recommend that Lots 1, 2, 3, and 4, Block 1, Cherokee Park Heights Addition be rearranged to create two new lots, noting that the average lot sizes are substandard and require variances, and that a 20 foot sideyard variance be granted for Eugenia, a 3,313 square foot lot size variance be granted for Lot B, a 278 square foot variance be granted for Lot A, and that a permit be obtained from Mn /DOT for a driveway onto TH 13. Commissioner McMonigal seconded the motion. CASE NO. 88 -30, RUBIN, VARIANCE Ayes: 5 Nays: 0 PRE - APPLICATION MEETING, KENSING- TON PUD CONCEPT Page 7 July 26, 1988 The applicants, Mr. and Mrs. Steven Rubin, 1303 Sylvandale Road, met with Planner Dahlgren the day before the Commission meeting, therefore there were no staff reports available on this case. Mr. and Mrs. Rubin were present to request approval of a 9 foot sideyard variance and a one foot rear yard variance to allow construction of a 16' x 27' garage addition on their property. They had written approval of their proposal from their contiguous neighbors. Commissioner Duggan moved to recommend approval of a 9 foot sideyard variance and a one foot rear yard variance to allow the addition as proposed and as shown on the surveyor's certificate dated 6- 21 -88. Commissioner Krebsbach seconded the motion. Developers Dick Putnam and Tom Boyce were present to advise the Commission of their proposed plans for the Kensington PUD. They talked about their proposed "dumbbell" park and the varieties of housing that are proposed. The dumbbell park is described as Plan C which has 26 -28 acres and 2 unlit soccer fields. The two softball fields could be lighted but they prefer not to light them due to the closeness of the homes they might adversely affect. Both softball fields are full size, 300 foot fields. Under Plan C, the manor homes have 4 -6 units per building, with a total multi- family unit of 537, which includes manor homes, condominiums, and townhouses. There are also 41 single family homes proposed for a grand total of 578 units in Plan C. Plan A contained 81 acres, with 20.5 acres for parks and 540 multi- family units, plus single family homes. Plan B had 102 acres with 40 acres of park land and 500 multi - family units. Plan C has 114 total acres, with about 26 acres for park, 537 multi - family units plus 41 single family homes. The 41 single Page 8 July 26, 1988 family homes would be constructed on approximately 23 acres, at 2 units per acre, which leaves about 70-72 acres for multi-family at an average of 6 units per acre density. Planner Dahlgren noted that this averages about 100 units under the allowable density. Mr. Putnam and Mr. Boyce thanked the Commission for the chance to let them know what is going on, and invited anyone on the Commission to join the Park and Recreation Subcommittee in their park study. ELECTION OF VICE- Chairman Morson nominated Burt Anderson as CHAIRMAN vice-chairman, to replace Commissioner Henning who has resigned. Commissioner McMonigal seconded the nomination. Commissioner Anderson accepted the unanimous choice and was elected as Vice- Chair for the remainder of 1988. VERBAL REVIEW MISCELLANEOUS ADJOURN Ayes: 5 Nays: 0 Public Works Director Danielson gave a verbal review of the cases that had been before the City Council. Chairman Morson felt that dog signs relating to the newly adopted dog ordinance should be posted in the City's parks. There being no further before the Commission, moved that the meeting Commissioner McMonigal business to come Commissioner Duggan be adjourned. seconded the motion. TIME OF ADJOURNMENT: 10:26 o'clock P.M.