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HomeMy WebLinkAbout08-03-1988 Planning Commission Agenda-Minutes AGENDA REGULAR PLANNING COMMISSION MEETING VILLAGE OF ARDEN HILLS WEDNESDAY, AUGUST 3, 1988 - 7:30 P.M. VILLAGE HALL 1. Call to Order and Roll Call. 2. Approval of Minutes of July 6, 1988, Planning Commission Meeting. 3. PUBLIC HEARING: Case #88-25, Special Use Permit to install a VSAT "dish" antenna on Building #2; Control Data Corporation, 4201 North Lexington Avenue. 4. Case No. 88-22 - Site Plan Review and Variance for construction of a parking lot on Bethel College Campus. 5. Case No. 88-23 - Rear Yard Variance to construct a three-season porch; Gerald Dreyling, 1377 Eide Circle; Lot 5, Block 1, Eide Terrace. 6. Case No. 88-24 - Height and front yard variance for a free-standing business sign on the Scherer Brothers Lumber Company, 4797 Highway 10 7. Case No. 88-28 - Site Plan Review for addition to Land O'Lakes Building, 4001 Lexington Avenue North. 8. Case No. 88-27 - Request for a temporary Special Use Permit to install a "dish" anteanna on the building at 4105 Lexington Avenue North; J.A. Doerrer and Daughter Agency, Farmers Insurance Group 10 9. Case No. 88-04 - Lot Split at 1960 West County Road E2; Eldon Elseth, owner. (NOTE: Item tabled March 2, 1988; owner has requested it be on this agenda; the attorney has not offered his opinion. See attached Planning Memo on this case. ) 10. Council report. 11. Adjournment. PLEASE CALL THE VILLAGE OFFICE IF YOU WILL NOTE BE ABLE TO ATTEND THE MEETING 633-5676 AGENDA REGULAR PLANNING COMMISSION MEETING VILLAGE OF ARDEN HILLS • WEDNESDAY, AUGUST 3, 1988 - 7:30 P.M. VILLAGE HALL 1. Call to Order and Roll Call. 2. Approval of Minutes of July 6, 1988, Planning Commission Meeting. 3. PUBLIC HEARING: Case #88-25, Special Use Permit to install a VSAT "dish" antenna on Building #2; Control Data Corporation, 4201 North Lexington Avenue. 4. Case No. 88-22 - Site Plan Review and Variance for construction of a parking lot on Bethel College Campus. 5. Case No. 88-23 - Rear Yard Variance to construct a three-season porch; Gerald Dreyling, 1377 Eide Circle; Lot 5, Block 1, Eide Terrace. 6. Case No. 88-24 - Height and front yard variance for a free-standing business sign on the Scherer Brothers Lumber Company, 4797 Highway 10 7. Case No. 88-28 - Site Plan Review for addition to Land O'Lakes Building, 4001 Lexington Avenue North. 8. Case No. 88-27 - Request for a temporary Special Use Permit to install a "dish" anteanna on the building at 4105 Lexington Avenue North; J.A. Doerrer and Daughter Agency, Farmers Insurance Group 9. Case No. 88-04 - Lot Split at 1960 West County Road E2; Eldon Elseth, owner. (NOTE: Item tabled March 2, 1988; owner has requested it be on this agenda; the attorney has not offered his opinion. See attached Planning Memo on this case.) 10. Council report. 11. Adjournment. PLEASE CALL THE VILLAGE OFFICE IF YOU WILL NOTE BE ABLE TO ATTEND THE MEETING 633-5676 ********************************************************* AGENDA REGULAR PLANNING COMMISSION MEETING VILLAGE OF ARDEN HILLS WEDNESDAY, AUGUST 3, 1988 - 7:30 P.M. VILLAGE HALL 1. Call to Order and Roll Call . 2. Approval of Minutes of July 6, 1988, Planning Commission Meeting. 3. Case No. 88-22 Site plan review and variance for construction of a parking lot on the Bethel College Campus. 4. Case No. 88-23 Rear yard variance to construct a three-season porch; Gerald Dreyling , 1377 Eide Circle; Lot 5, Block 1, Eide Terrace. 5. Case No. 88-24 Height and front yard variance for a free-standing business sign on the Scherer Brothers Lumber Company, 4797 U.S. Hwy. 10. 6. Case No. 88-25 Public hearing on a request for a Special Use Permit to install a VSAT "dish" antenna on Building #2; Control Data Corporation, 4201 North Lexington Avenue. 7. Case No. 88-27 Public hearing on a request for a Sepcial Use Permit to install a "dish" antenna on the building at 4105 Lexington Avenue North; J. A. Doerrer and Daughter Agency, Farmers Insurance Group, 4105 Lexington Avenue North. 8. Case No. 88-28 Site plan review for addition to Land 0' Lakes Building, 4001 Lexington Avenue North. 9. Case No. 88-04 Lot split at 1960 West County Road E2; Eldon Elseth, owner. Item tabled March 2, 1988; owner has requested it be on this agenda; the attorney has not offered his opinion. See attached Planning Memo on this case. ) 10. Council report. 11. Adjournment. ********************************************* PLEASE CALL THE VILLAGE OFFICE IF YOU WILL NOT BE ABLE TO ATTEND THE MEETING 633-5676 MINUTES OF THE ARDEN HILLS REGULAR PLANNING COMMISSION MEETING Wednesday, August 3, 1988, 7:30 p.m. - Village Hall CALL TO ORDER Pursuant to due call and notice thereof Chairman Robert • Curtis called the meeting to order at 7:30 p.m. ROLL CALL Present: Chairman Robert Curtis, Raymond McGraw, Calvin Meury, Dennis Probst and Barbara Piotrowski. Member Scott Petersen arrived at 7:35 p.m. Absent: Paul Malone, Peter Martin, Dorothy Zehm, Scott Carlson and Councilmember Jeanne Winiecki. Also Present: Planner John Bergly, Clerk Administrator Gary R. Berger and Deputy Clerk Catherine Iago. APPROVE MINUTES Probst moved, seconded by McGraw, that the Minutes of the July 6, 1988, Planning Commission Meeting be approved as submitted. Motion carried unanimously. (5-0) CASE #88-25; SUP Chairman Curtis opened the Public Hearing at 7:30 p.m. SATELLITE DISH and Deputy Clerk Iago verified that the Notice of Hearing ANTENNA, 4201 NO. was published in the New Brighton Bulletin on July 20, LEXINGTON, CONTROL 1988, and mailed to affected property owners the same DATA CORPORATION date. Planner Bergly advised the applicant is requesting a SUP to allow installation of a satellite transmitting and receiving antenna on the roof of Building #2 in the Control Data Complex located west of Lexington Avenue. The "dish" is 1.8 meters (5.9 feet) in diameter and will be installed so the maximum height will be 7-1/2 feet above the roof. • Bergly explained that both Zoning Ordinance definitions of "Miscellaneous Tower" and "Electronic Tower" require a Special Use Permit in all zoning districts. He noted the staff had determined the more restrictive "Miscellaneous Towers" definition would apply to this case. The Planner stated the satellite antenna would be located near the center of the roof on Building #2; the building is approximately 280 feet square and the roof is at an elevation of 1,032 feet. The antenna will be fixed in one position with the capability of manually rotating the "dish" and re-fixing it at a more advantageous angle if future reception conditions warrant. Bergly noted the nearest homes to the west and northwest are over 1,400 feet from the proposed antenna and they would have limited exposure to the "dish". He also noted the proximity to water towers, broadcasting towers and mechanical equipment of the roofs of adjoining industrial buildings are unique conditions which justify the SUP. Member Probst questioned the Planner's recommendation to restrict to the height of the antenna to 8 ft. , rather than 7-1/2 ft. as stated previously in the report of 8-3-88. Bergly advised there may be a slight variation in the placement of the antenna on the roof of the building; restricting the height to 8 ft. would allow the applicant some flexibility when determining the most central location on the • roof. There was discussion relative to the possibility of radio or television interference in the area due to the antenna. William Schaefer, representing Contel, explained the frequencies utilized and advised it would be highly unlikely the antenna would cause any interference in the area. Minutes of the Arden Hills Regular Planning Commission Meeting, August 3, 1988 Page 2 CASE #88-25 (Cont'd) Chairman Curtis asked if there was anyone present who wished to be heard either in favor of or opposed to this matter. • There was no response. Chairman Curtis closed the public hearing at 7:40 p.m. Petersen moved, seconded by Probst, that Commission recommend to Council approval of Case #88-25, Special Use Permit to install a VSAT "dish" antenna on Building #2, Control Data Corporation, 4201 North Lexington Avenue, based on the limited exposure to nearby homes and the proximity to water towers, broadcasting towers and mechanical equipment on the roofs of adjoining industrial buildings being unique conditions which justify approval, and, contingent upon the following: 1. The antenna be located on the roof as near the center of the building as possible. 2. The antenna is to be 1.8 meters in diameter. 3. The antenna shall be no higher than 8 feet above the roof. Motion carried unanimously. (6-0) CASE #88-22; SITE Planner Bergly explained this matter was continued from PLAN REVIEW & VAR. the July 6 Planning meeting to allow the Board of Review FOR PARKING LOT, the opportunity to review the requested variance for BETHEL COLLEGE surfacing material. Bergly referred Commission to the Board of Appeals minutes of 7-21-88 recommending approval of the variance conditioned upon the aggregate surface • being replaced with bituminous surface within one year. The Planner advised Bethel proposes to construct a 76 space, Class I aggregate surface, parking lot in the east-central area of the campus adjacent to other parking lots. He stated the Campus Master Plan had shown two parking lots in the southeast area which will very likely not be built; the current proposal will essentially replace one of those lots. Bergly stated the drainage swale between the existing parking lot and the proposed lots was inspected by RCWD with the conclusion it has suffered from erosion damage. Commission was referred to a letter dated 7-14-88 from RCWD clarifying the Watershed District's position regarding the proposed overflow parking lot and the existing gully. Bergly suggested a recommendation for approval be continent upon applicant receipt of a permit from RCWD for the proposed stormwater drainage plan including repair of the eroded ditch adjacent to the parking lot. Planner Bergly also advised that the parking lot material must be approved by the Village Engineer. Bergly referred Commission to Page 2 of his report which outlines the conditions he suggests be attached to a recommendation for approval. Commission questioned the Planner's recommendation to delete one of the parking lots shown in the southeast area of the Campus Master Plan. • Bergly stated the Master Plan was approved by Special Use Permit; an amendment to the SUP would be required to add an additional parking lot. The applicant has chosen instead to delete one of the lots shown on the Master Plan. There was discussion relative to which parking lot would be deleted from the Master Plan. Minutes of the Arden Hills Regular Planning Commission Meeting, August 3, 1988 Page 3 CASE #88-22 (Cont'd) Craig Hjelle, representing Bethel College, advised the parking lot adjacent to the new maintenance storage building would be deleted and left as open space. • Probst questioned if the one year time-frame for installation of bituminous surface was acceptable to the applicant. Hjelle advised that period of time would be workable for staging and budgeting for the parking lot improvement. Piotrowski moved, seconded by Meury, that Commission recommend to Council approval of Case #88-22, Site Plan Review for Parking Lot Expansion and Variance for Surfacing Material, Bethel College, contingent upon the following: 1. The Watershed District issue a permit for the proposed stormwater drainage plan, including repair of the eroded ditch adjacent to the parking lot. 2. The Village Engineer approve the surfacing material as required by the Zoning Ordinance. 3. The College provide a bituminous surface on this lot within one year from the date of Council approval. 4. That one of the parking lots shown in the southeast area of the Campus Master Plan be deleted. Motion carried unanimously. (6-0) CASE #88-23; REAR Planner Bergly referred Commission to his report dated YARD SETBACK VAR. , 8-3-88, outlining the request for a 12 ft. rear yard • 1377 EIDE CIRCLE, variance for construction of a three-season porch at GERALD DREYLING 1377 Eide Circle. Bergly stated the applicant currently has an open deck and proposes to enclose the deck area. He advised the property is located at the end of a cul-de-sac backing onto a natural area in Floral Park. The applicant had planted a row of Columnar Poplars on City park property (with City permission) adjacent to his property; the trees are now mature and provide adequate separation between the residence and the park. The Planner advised the adjacent homeowners had been contacted and have no objections to the proposal; the porch will not be visible from neighboring homes. Bergly explained the lot depth of 100 feet is less than required by ordinance and the house is placed approximately 9 ft. further to the rear than the required 40-ft. front yard setback. He stated he had reviewed old topography maps and it would appear there was a drainageway between two wetlands that crossed the lot at about the normal front setback line; he noted the possibility the house was located to avoid unnecessary excavation and filling. Planner Bergly advised the Zoning Ordinance provides for variances to be granted based on the shape of the lot or unusual terrain that would prohibit reasonable development equivalent to that which would be permitted without variance on a similar size lot in the same district. He also noted that the variance would have no negative visual impact on the adjacent property owners. • Commission was referred to the Board of Appeals minutes of 7-21-88 recommending approval of the variance based on the hardship due to lot configuration and that due to sufficient foliage and natural buffers the adjacent properties would not be negatively impacted. Gerald Dreyling, applicant, was present. Minutes of the Arden Hills Regular Planning Commission Meeting, August 3, 1988 Page 4 - Commission CASE ��88 23 (Cont d) Moved b Meur seconded b Piotrowski, that Commiss o Y Y Y recommend to Council approval of Case #88-23, a 12 ft. • Rear Yard Setback Variance to construct a three-season porch at 1377 Eide Circle, Gerald Dreyling, based on the hardship identified as the unusual lot depth and configuration and the fact the requested variance does not negatively impact the adjacent properties. Motion carried unanimously. (6-0) CASE #88-24; VAR. Planner Bergly reviewed the request for variances for SIGN HGT. & SETBACK height and front yard setback for a free-standing 4797 HWY 10, SCHERER business sign from Scherer Brothers Lumber Company. Bergly advised the plan for redeveloping the lumberyard site was approved by the City in April 1987. Setback variances from the Hwy. 10 right-of-way were allowed that directly impact the current request; parking and the storage building were permitted with no setback (20 ft. parking and 50 ft. building setbacks are required) . He advised that the site plan was approved with literally no reasonable front yard area to locate the sign except where proposed; the applicant cited the right-of-way width, the distance to the travel lanes on Highway 10, and the extensive visual and physical improvement of the site conditions are principal reasons for the variances. Bergly referred Commission to the Board of Appeals minutes of 7-21-88 recommending approval of the 20 ft. front yard setback variances, due to the shortage of open space for signage on the parcel in the front yard and the fact the previously granted setback variances appear to set a precedent for recommending approval of this request. The Planner explained the Board of Appeals had voted unanimously to recommend denial of the 9 ft. sign height variance and had suggested the applicant move the sign further south on the site to provide more visibility. Bergly noted in the Board of Appeals minutes the applicant had subsequent discussions with the Board Chair and suggested a compromise solution involving a 4 ft. sign height variance rather than a 9 ft. variance. The applicant had stated the sign at the 20 ft. height would be comparable to the Big Ten Supper Club signage and would still provide sufficient visibility for motorists traveling along Hwy 10. Commission questioned if the sign would be internally or externally lighted; the applicant advised it would be an internally lighted sign. Larry Leitschuh, representing Scherer Brothers Lumber, stated he agreed with the Board of Appeals recommendation to relocate the sign to the more southerly area of the site near the driveway. There was discussion relative to how the sign height measurement is determined; Planner Bergly reviewed the Sign Ordinance and explained the 16 ft. height measurement includes the top of the sign pylon. Leitschuh explained another tenant would be occupying space on site and signage for the tenant would be placed on the same sign pylon, below the Scherer sign. Commission members generally favored the sign setback variance. Member Probst expressed concern relative to the sign height variance and Member Piotrowski was of the opinion the sign height variance was unnecessary. Member McGraw commended Scherer for the renovation of the site; he favored the sign height variance. Member Meury stated the 20 ft. height variance should be sufficient and the sign would be screened from the Arden Manor residential site by buildings on site. Probst moved, seconded by Piotrowski, that Commission recommend to Council approval of the 20 foot Sign Setback Variance as requested, Case #88-24, 4797 Highway 10, Scherer Brothers Lumber Company, based on the fact the previous site plan approval set precedent for sign placement. Motion carried unanimously. (6-0 Minutes of the Arden Hills Regular Planning Commission Meeting, August 3 , 1988 Page 5 CASE #88-24 (Cont'd) Probst moved, seconded by Piotrowski, that Commission recommend to Council denial of the requested 9 foot Sign • Height Variance, Case #88-24, 4797 Highway 10, Scherer Brothers Lumber Company. Member Petersen stated it is the intent of the Sign Ordinance to keep all signs in proportion with adjacent properties; he was not opposed to the requested sign height variance. He also noted the variance would not impact the only residential neighbor to the south of the site. Member Probst stated there does not appear to be a need for the variance; he expressed concern that approval would set a precedent for sign height in this area. Motion failed. (Probst, Piotrowski voting in favor; Curtis, McGraw, Meury and Petersen opposed) (2-4) McGraw moved, seconded by Meury, that Commission recommend to Council approval of a 4 foot Sign Height Variance, as measured from the ground to the top of the sign pylon, 4797 Highway 10, Scherer Brothers Lumber Company, based on the the fact the travelled lanes of Highway 10 are considerably father from the sign placement than in other similarly zoned situations in the Village and contingent upon the applicant removal of the roof sign at this location within a period of 25 days from the date of formal approval. Motion carried. (McGraw, Meury, Curtis, Petersen voting in favor; Probst and Piotrowski opposed) (4-2) CASE #88-28; SITE Planner Bergly explained the proposal to construct a PLAN REVIEW, LAB 3,000 sq. ft. addition to the lab at Land O'Lakes, 4001 ADDN, 4001 LEXINGTON, North Lexington Avenue, as per his report of 8-3-88. . LAND O'LAKES Bergly noted the addition will be used for warehouse storage for equipment, no storage of hazardous chemicals and no additional office space will be provided. He stated there would be additional employees, so parking would not be affected. The Planner advised a drainage plan has been submitted to and approved by the RCWD (7-27-88) ; a permit will be issued upon receipt of charges due from the applicant. Bergly stated a few small Amur Maples would be replaced in the landscaped area surrounding the proposed addition. James Strecker, representing Land O'Lakes, advised the shrubs would have to be replaced due to drought conditions and the sprinkling ban. He stated the building materials would match the existing building. Moved by Petersen, seconded by Probst, that Commission recommend to Council approval of Case #88-28, Site Plan Review for Lab Addition, 4001 North Lexington, subject to applicant receipt of the Rice Creek Watershed District Permit. Motion carried unanimously. (6-0) CASE #88-27; TEMP. Planner Bergly explained the applicant had requested a SUP, SATELLITE temporary SUP for a satellite "dish" antenna, due to the ANTENNA, 4105 fact the application was submitted after the deadline for NO. LEXINGTON, publication of Notice of Public Hearing. A representative of Contel was present to explain the antenna was essential to the operation of the insurance business. He advised the antenna not a permanent structure and could be removed within one day in the event the SUP was denied. Chairman Curtis explained the proper procedure would be to request the temporary Special Use Permit directly from the Council; he advised the Commission is only a recommending body. Minutes of the Arden Hills Regular Planning Commission Meeting, August 3, 1988 Page 6 CASE #88-27 (Cont'd) Moved by Meury, seconded by Petersen, that Planning Commission defer any action on the request for a Temporary-Special Use Permit as outlined in Case #88-27. Motion carried • unanimously. (6-0) CASE #88-04; LOT Planner Bergly advised this matter was tabled at the SPLIT, 1960 W. CO. 3-2-88 Commission meeting, pending potential State RD. E-2, ROBINSON legislation that would allow the County to sell a portion of the property in the highway right-of-way back to the adjacent land owner. The proposed legislation was not approved, but will be presented to the legislature again in the next session. Bergly advised Paul Kirkwold, Deputy Director and Assistant County Engineer for Ramsey County, indicated to him that the County has no intention of ever using the right-of-way and that they will continue their attempts to dispose of the excess right-of-way; the County would attempt to maintain 43 feet, as shown on the Elseth survey. Bergly stated the Commission would be considering granting a variance in a location where the house would ordinarily be located if the lot were squared off by the purchase of the right-of-way. It would require a setback variance of 14 ft. as well as a 900 sq. ft. lot area variance. The Planner has discussed this matter with Attorney Lynden relative to the proposed lot split; it was Lynden's opinion the hardship would be the legal technicality which prevents the legal exchange of property and he expressed no concerns relative to the application. There was discussion regarding the actual ownership of the property; Robinson stated his attorney had researched the title and provide a written statement which indicates the right-of-way property was under the fee ownership of the applicant and that the County retains an easement over the property. Commission also discussed the building envelope on the property and the possibility of modification of the land by filling to accommodate the home construction. Member Piotrowski pointed out that if variances were required the Board of Appeals should review the application and make recommendation to Council for approval or denial. After further discussion it was the general consensus of the Commission members to request the Village Attorney and Robinson's Attorney review and reach an agreement as to the legal boundaries of the property. Commission recommended the applicant submit a sketch of the building location, a topographical map which outlines the drainage pattern of the land, any proposal for fill in conjunction with building and a legal description of the property. Moved by Meury, seconded by McGraw, that Case #88-04, Lot Split at 1960 West County Road E2, be tabled until such time as the following information is received and compiled for submission by the applicant: 1. Written opinion of the Village Attorney and Mr. Robinson Attorney which advises they are in agreement as to the ownership and legal boundaries of the above mentioned property. 2. A diagram outlining the building location for construction of a home on the property. 3. A request for any variances which would be required for submission to the Board of Appeals for their review and recommendation. 4. A topographical map which outlines the drainage pattern on the land and any proposed modification of the land by fill. 5. A legal description of the property Motion carried unanimously. (6-0 Minutes of the Arden Hills Regular Planning Commission Meeting, August 3 , 1988 Page 7 COUNCIL REPORT Zoning Administrator Iago reported on status of the July Planning Commission Cases heard by Council. Member • Probst reported on the status of the Task Force Report for Land Use Study submitted to Council at their regular meeting held July 11, 1988. MISC. DISCUSSION Commission members discussed the following items: -Establishment of a policy for development of wetlands in Arden Hills. -Improving water quality in lakes in the Village; mentioned increasing number of times streets are swept and storm sewers cleaned. ADJOURNMENT Meury moved, seconded by Probst, that the meeting be adjourned at 10:05 p.m. Robert Curtis, Chairman