1986-11-12 Joint Council-Planning Comm minutes Land UsePage No.
November 12, 1986
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY
STATE OF MINNESOTA
Minutes of the Special Council Meeting
Held Wednesday, November 12, 1986
Acting Mayor Witt called the meeting to order at 7:12 P.M. for the purpose
of a Joint Land Use Workshop with the Planning Commission. The following
members were present: Mayor Lockwood, Councilmembers Blesener, Cummins,
Hartmann and Witt, Mayor-elect Mertensotto and the following Planning Com-
mission members were present: Morson, McMonigal, Henning, Duggan and Krebsbach.
INTRODUCTION City Administrator Frazell gave a brief introduc-
tion to the workshop.
LEGAL IMPLICATIONS
City Attorney Hart was present to discuss the legal
standards in making land use regulation decisions.
First he described legislative vs. quasi judicial
decisions. He specifically made a point that a
conditional use permit for a planned unit develop-
ment, being a quasi-judicial decision, is techni-
cally a right, not a privilege, although there is a
strong element of subjectivity which an applicant
must meet. He also stressed that when ever possi-
ble the Council should make findings on decisions
for land use matters.
He went on to review the Local authority to enact
Comprehensive Plan and Zoning Ordinances. He
stated that Zoning Ordinances do control over the
Comprehensive Plan however that a City is required
to rezone to bring the Zoning Ordinance in line
with the Comprehensive Plan unless there is a ra-
tional basis not to do so.
He stated that it was unreasonable to deny a re-
quest on the basis of maintaining the "character"
of a neighborhood. Council should do regulation at
zoning ordinance level.
Tom stated that Council can not deny a subdivision
if it meets the standards of the Zoning Ordinance.
Landowners have the fundamental right to develop
their land.
Tom went on to talk about the concept of "taking"
in land use. He stated that it was difficult for
landowners to prove taking, because if there is any
reasonable use of the land remaining it is not a
taking. It is easier to prove damages if the City
spot zones.
PLANNING IMPLICATIONS
PROGRAM CHANGES
Finally Tom spoke about acceptable basis for
denying variances. He said that after a variance
has been granted, following similar variances will then need
to have compelling reasons for denial.
City Planner Dahlgren was present to discuss
Comprehensive Planning in the City. He gave a
brief history of planning within the City, speaking
on the original Comprehensive Plan as it was first
prepared in 1959 and then modified twenty years
later in 1979.
Mr. Dahlgren spoke of preparing check lists for
planning applicants. This was well received and
should be implemented.
Following the presentations by the City Attorney
and Planner, workshop participants developed the
following list of areas of interest for the staff
and Council to address during the zoning and
amendment process:
VARIANCES
Routine variances will be primarily dealt with by
the Planning Commission, then placed on the Council
consent calendar.
Written consent from all property owners within 100
feet will be required, or else a formal public
hearing will be held with mailed notice.
ZONING CODE
Lot area requirements (particularly side yard)
should be related to house size. Floor-area ratio
might be one approach.
Review appropriateness for lot size requirements in
all Business districts.
Consider requirement for attached garage, except by
specific variance.
Look at non-conforming use language in Section
4.3(7).
Look at standards for commercial/industrial
building permit review in Section 4.17.
Consider need for elevation requirements for
garage/floor grades.
Consider regulation of alignment of homes on cul-
de-sacs.
SUBDIVISION ORDINANCE
Review appropriateness for required submission
materials now in ordinance.
Reduce cul-de-sac size requirement.
Consider expression of policy preference for
residential street design that discourages thru
traffic.
Delete code requirement that final plats go back to
the Planning Commission.
Improve or bolster review of parks/green space.
PLANNED UNIT DEVELOPMENT
Revise definition of net buildable area to exclude
open water, and perhaps other area that would be
otherwise unbuildable.
Require 4/5's vote of the Council where the PUD
will change the type of land use from that
stipulated in the underlying zoning.
Consider an option for the developer to have a pre-
application conference with the Council, as well as
the Planning Commission.
Hold public hearing earlier in the process (perhaps
sketch plan stage), and consider earlier Council
input.
Amend language, as necessary, to insure that PUDs
are regarded as a privilege, not a legal right.
Clarify the process for amendments to Conditional
Use Permits, which includes PUDs.
CRITICAL AREA REVIEW
Waive fee and allow staff approval for minor
variances (i.e. previously constructed single-
family home totally inconformance to CAO ordinance
standards).
ADDITIONAL PUBLIC HEARING ISSUES
Require published notice of public hearing for
Conditional Use Permits, as stipulated by State
statute. This includes PUDs.
ADJOURN
Clarify that staff is responsible for setting the
date and time of public hearing, and sending out
proper notice as required.
Hold required public hearings at the Planning
Commission only, and do not duplicate at the
Council. This refers to formal public hearings.
Citizens would still have the opportunity to speak
at the Council meeting as recognized by the Mayor.
FENCE REQUIREMENTS
Adopt 3'- 4' as allowed fence height in the front yard,
which should reduce the number of variance applications.
Review line of site requirements in Section 4.7.
MISCELLANEOUS
Staff to develop checklist of required submission
materials to be given applicants. Also "toughen
Up,,.
Develop public information brochure that updates
where the City is in accomplishment of its long-
range plan.
Clarify and toughen penalties and other remedies
for non-compliance with land use regulations.
There being no further discussion at the workshop,
Councilmember Hartmann moved, seconded by Witt to ad-
journ the meeting. The meeting was adjourned at 10:44
P.M.
ATTEST:
p,,t_th,t oestko-o-T-A.
Robert G. libcawood, Mayor -
ames E. Danielson, P.W. Director