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1988-06-28 Planning Comm MinutesCITY OF MENDOTA HEIGHTS PLANNING COMMISSION JUNE 28, 1988 - 7:30 P.M. 1. Call to Order. 2. Roll Call. 3. Approval of Minutes of May 24th Meeting. 4. NEW BUSINESS a. CASE NO. 88 -22, Wirt, Variance. 5. Verbal Review. 5. HEARINGS: a. CAO CASE NO. 88 -04, Huestis, Variance (8:00 p.m.) b. CASE NO. 88 -23, Beckman, Wetlands Permit c. CASE NO. 88 -24, Peyer, Lot Split. d. CASE NO. 88 -25, Canniff, Wetlands Permit 7. Adjourn. Page 1 June 28, 1988 CITY OF MENDOTA HEIGHTS PLANNING COMMISSION MINUTES, JUNE 28, 1988 The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, June 28, 1988, in the City Hall Council Chambers, 750 South Plaza Drive. Chairman Morson called the meeting to order at 7:32 P.M. The following members were present: Morson, Anderson, Burke, Duggan, Henning, Krebsbach and McMonigal. Also present were Planner Howard Dahlgren and Engineer Klayton Eckles. APPROVAL OF MINUTES Ayes: 7 Nays: 0 CASE NO. 88-22, WIRT, VARIANCE Ayes: 7 Nays: 0 Commissioner Burke moved approval of the May 24 minutes as submitted. Commissioner Krebsbach seconded the motion. Mr. John Wirt, 1395 Farmdale Road was present to request a six foot side yard variance to allow construction of an 8'x20' addition to his existing garage, which would be on the north side of Farmdale. He had received written approval of his request from his neighbors. Commissioner Burke noted that the private covenants in his neighborhood did not appear to allow his request and would be in effect until the year 2005. The Commission felt it would be up to Mr. Wirt to work out the private covenants, and encouraged him to notify his neighbors, in writing, of the restrictive covenants in the Cherry Hills Second Addition. Commissioner Anderson moved to recommend to the City Council approval of the requested six foot side yard setback variance based on the site plan discussed at the meeting. Also, this motion is conditioned on the applicant contacting the present property owners in Cherry Hills Second Addition and informing them of their desire and the fact that the private covenants do not allow placement of a building nearer than 30 feet to any side street. Commissioner Duggan seconded the motion. Page 2 June 28, 1988 CASE NO. 88 -23, Mr. Paul Beckmann was present to request BECKMANN, approval of a wetlands permit to WETLANDS PERMIT construct a home on Lot 9, Block 1, The Ponds of Mendota Heights. He noted that the proposed home would be constructed 30 feet from the public right -of -way as required, which would result in the home being situated 90 feet from the shoreline of the pond. Commissioner Burke moved to recommend approval of a 10Jwetlands permit to allow construction of a single family home at 1882 South Lane within 90 feet of the pond. Commissioner Duggan seconded the motion. Ayes: 7 Nays: 0 CASE NO. 88 -25, Mr. Canniff was present to request a CANNIFF, WETLANDS wetlands permit for Lot 5, Block 1, The PERMIT Ponds of Mendota Heights, to allow construction of a single family home 72 feet from the pond. Planner Dahlgren noted that on the approved grading plan for this subdivision, the building pad showed the home to be 60 feet from the pond, therefore the wetlands permit has already been noted. However, his staff report did not reflect this building pad layout. The Commission requested a copy of the grading plan for The Ponds so they could be aware of wetlands permits and pad placements. Commissioner Anderson felt the home could be moved to the east to preserve woodlands, and thus eliminate the need for a variance. Commissioner Henning asked if the Commission could change the foot print by asking the applicant to place his home on the other side of the utility easement. He felt that this would not be fair to the applicant. Commissioner Duggan moved to recommend approval of a 28 foot wetlands permit to allow construction of a single family home within 72 feet of the pond on Lot 5, Block 1, The Ponds, as requested by the Ayes: 6 Nays: 1 CAO CASE HUESTIS, Ayes: 7 Nays: 0 , Anderson NO. 88-04, VARIANCE Page 3 June 28, 1988 applicant. Commissioner Krebsbach seconded the motion. Chairman Morson called the meeting to order for the purpose of a public hearing to consider a request from Mr. William Huestis for a critical area ordinance variance to allow construction of an addition at 649 Highway 13. Mr. Huestis was present and stated he is requesting a 27 foot variance to the 40' bluff line setback. Commissioner Krebsbach felt the addition would be too close to the bluff and stated she would like to see soil erosion control measures. Mr. Huestis stated he plans to have soil borings done and will take any needed precautions during construction. He also noted that there are many rocks under the clay topsoil, and felt that the slope would not cave in. He noted he would use prudent construction methods. Because the existing home is 22 feet from the top of the bluff, and the furthest extension of the addition would be 16 feet from the bluff, the setback would be reduced from 22 feet to 16 feet. Therefore, the request is for a reduction in the existing setback of six feet. Chairman Morson asked for questions or comments from the audience. There being no questions, Commissioner Henning moved to close the public hearing at 8:25 P.M. Commissioner Duggan seconded the motion. Commissioner Anderson moved to recommend approval of the requested variance to reduce the existing setback by six feet, based on the site plan discussed at the meeting. Commissioner Duggan seconded the motion. Commissioner Krebsbach offered a friendly Page 4 June 28, 1988 amendment calling for staff to pay particular attention to a soil erosion control for construction and for the future of the retaining wall, which she felt should be submitted prior to Council approval. Commissioner Anderson found the friendly amendment difficult for the applicant to comply with and preferred not to have the amendment included in his motion. Mr. Huestis said he would consider putting in a secondary retaining wall on the brow of the hill if necessary. Vote on the original motion - Ayes: 5 Nays: 2, Krebsbach and Burke CASE NO. 88-24, PEYER, LOT SPLIT Ms. Jan Peyer was present to request approval to split the property she owns at 606 Sibley Highway into two parcels. The property is identified as Lots 1, 2, 3, and 4, Block 1„ Cherokee Park Heights Addition. Ms. Peyer proposes to divide the lots into two parcels. Her existing home is located on Lots 3, and 4, and extends approximately 3 feet onto Lot 2. She intends to construct a new home on the newly created parcel. She is requesting Council approval of the vacation of Eugenia Street on July 5, which would give her enough square footage to create two buildable parcels. "ro-c-re;Yte-e>ti Commissioner Anderson revlewe4-for the Commission the Federal Land townhouse proposal several years ago, and the concerns over vacating Eugenia at that time. Commissioner Henning noted that if the street vacation were approved, new Parcel A would be some 300 square feet short of the required 15,000 square foot requirement and Parcel B would contain 16,705 square feet. It was noted that by vacating Eugenia as requested, the applicant would gain an additional 5,018 square feet of land area. It was also pointed out that even without the street vacation, both new parcels would meet the ordinance requirements for land area Page 5 June 28, 1988 since they would contain more than 70% of the required footage for a buildable lot. Ms. Peyer noted that she would still plan to subdivide her property even if Eugenia were not vacated. Commissioner Anderson felt comfortable with the requested lot split, but not if it was predicated on the vacation of Eugenia Street. Chairman Morson requested to see how the house would be positioned on Parcel B without vacating Eugenia. Commissioner Duggan moved to table ,this request to the next meeting until after the Council acted on the Eugenia Street vacation request. Commissioner Burke seconded the motion. Ayes: 5 Nays: 2, Henning, Anderson VERBAL REVIEW MISCELLANEOUS ADJOURN: Deputy Clerk DeLaRosa gave a verbal review of the cases that had been before the City Council. Planner Dahlgren invited the Commission for their annual boat ride in July. The Commission felt that Sunday, July 31, at 2:00 P.M. would be best for the majority of them. Planner Dahlgren noted that they would meet at the Lilydale Pool and Yacht Club. There being no further business to come before the Commission, Commissioner Henning moved that the meeting be adjourned. Commissioner Duggan seconded the motion. Ayes: 7 Nays: 0 TIME OF ADJOURNMENT: 9:10 P.M.