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HomeMy WebLinkAboutPC 03-02-2005 . MINUTES .. CITY OF ARDEN HILLS, MINNESOTA PLANNING COMMISSION . WEDNESDAY, MARCH 2, 2005 7:00 P.M. - ARDEN HILLS CITY HALL CALL TO ORDER Chair Sand called the meeting to order at 7:09 p.m. ROLL CALL Present were Commissioners Clayton Larson, Ken Bezdicek, Clayton Zimmerman, Roberta Thompson, and Chair David Sand. Absent: Commissioner Elizabeth Modesette. Also present were Councilmember David Grant, Community Development Director, Scott Clark, City Planner Peter Hellegers, and Recording Secretary Kathleen Altman. A. APPROVAL OF MINUTES FROM PLANNING COMMISSION MEETING HELD ON FEBRUARY 2, 2005. Commissioner Zimmerman requested the following changes: Page 2, third paragraph . from the bottom, change Commission to Commissioner. Page 5, 4th paragraph from the bottom should read: "Commissioner Zimmerman asked if applicant was not requesting a variance and a building permit was issued would this conforming... " Page 5, last paragraph, 20th sentence, to read: "He indicated one of the other problems they were facing was that the lot line was about 20 feet in from the edge of the road 'and that had created that on one edge their house 11 was 33 feet..." Page 8, first paragraph, first sentence, to read: "Chair Sand asked how this area would look once..." Page 8, 7th paragraph, first sentence to read: "Commissioner Larson asked if the potential developer had noticed that on the other side of 35W there were three..." Page 11, first paragraph, first sentence to read: "things they had to balance was to make this project ~conomically feasible and there would probably be some..." Page 11, first paragraph, second sentence to read: "He stated this plan would offer a wide variety of housing types that might or might not be...". Page 11, last paragraph, first sentence to read: "Mr. Clark stated the principal of the Vento plan was that they recognize that there would..." Page 12, first paragraph, first sentence to read: "Chair Sand stated he understood if they looked at the whole 2400 acres, the eastern half would remain as open space and even in that area there was discussion as to whether it would be active or passive open space and he believed the passive open space had a greater influence on the outcome." Page 13, 5th paragraph, second sentence to read: "While the temporary banner signage is all that had been rCQuested at this time, staff. .." Commissioner Zimmerman moved, seconded by Commissioner Larson to approve the . February 5, 2005 minutes as amended. The motion carried unanimously (5-0). . ARDEN HILLS PLANNING COMMISSION - MARCH 2, 2005 2 PUBLIC HEARINGS . , A. PLANNING CASE #05-09: DAVID RADZIEJ AND ROGER SABOT. 4365 AND 4367 LEXINGTON AVENUE: DRIVEWAY VARIANCES Mr. Hellegers stated applicants were requesting variances to allow them to maintain the existing shared driveway and add an additional driveway for each of the applicant's properties in the City. Staff recommended approval based on the following donditions: L The applicants shall submit Zoning Permits with plans to the Building Official a minimum of two (2) weeks before the planned start of construction. 2. The applicants will require approval from Ramsey County for the cub-cuts prior to the installation of any new driveway. 3. The driveways shall be constructed to meet the City standard width of a 12-foot minimum and a 22-foot maximum. 4. There shall be at least 60 feet between eaeh driveway access. 5. Parking shall comply with the Arden Hills Zoning Ordinance requirements of no parking on any areas except for driveways and parking lots, and shall not have more than 4 vehicles may be parked on any driveway. Commissioner Zimmerman asked why previous conditions that had not been met had not been checked on. Mr. Hellegers replied he did not know why those conditions had not been checked up on by staff in 1995. I I . i Commissioner Zimmerman asked whose responsibility was it that conditions imposed on the property were met. Mr. Hellegers replied it was City staffs responsibility. Chair Sand stated there was an e-mail received from a neighbor on 1090 Amble Drive objecting to the request on five grounds. Commissioner Bezdicek asked why where they retaining the eXlstmg driveway and adding two additional ones. Mr. Hellegers replied it would provide better l\ccess for the applicants. Chair Sand asked if there was anything in the Zoning Ordinance or the Comprehensive Plan that would limit the addition of a driveway here. He noted mature trees would be lost to make room for the new driveways. Mr. Hellegers replied there were no conditions protecting those trees. Chair Sand asked if it would be a right turn in and right turn out. Mr. Hellegers replied that was correct. Commissioner Larson asked who created the hardship. Mr. Hellegers replied this was done by a previous owner. . Commissioner Larson asked if they had originally agreed to the shared driveway. Mr. Hellegers replied that was correct. Commissioner Larson noted with Lexington being a commuter street, he assumed the reason for the shared driveway was to eliminate accesses on Lexington. He stated it _.m__..___ 'ARDEN HILLS PLANNING COMMISSION - MARCH 2, 2005 3 appeared to him that whoever built these homes did not comply with the conditions of e approval and because they did not comply, they were being asked to add two more access to this. He indicated they had never tried this and now there would be no left turns. He stated it seemed to him that whoever did the initial construction did not follow the direction of the conditions of approval. Commissioner Larson stated since each of these homes were allowed to have an access to the street in front of it, the site could have been modified to allow a driveway for each of these houses and that could be approved by staff. Mr. Hellegers replied Council would have needed to remove the original condition of approval. He noted one of the problems with a shared access drive was the 20 foot access point, which was a tight access point. Commissioner Thompson asked if a turnaround option was looked at. Mr. Hellegers replied that option had not been discussed and he could not find any prior documentation regarding that option. Commissioncr Zimmerman asked how wide the existing driveway was. Mr. Hellegers replied the existing driveway was 20 feet. Commissioner Zimmerman noted it appeared the driveway was at least 2 cars wide. Chair Sand asked if they had looked at the option of widening the existing driveway. Mr. Hellegers replied they had not looked at that option. He noted both the County and thc e applicants had indicated it was a problem for a single access point and that was the reason they had not looked at that option. Chair Sand noted widening the existing driveway would save a lot of the vegetation. Chair Sand opened the public hearing at 7:35 p.m. Chair Sand invited anyone for or against this application to come forward and make comment. Email dated February 19, 2005 from Aladin Hassan, 1090 Amble Drive, Shoreview: "1. More driveways on Lexington Ave at that spot is creating more dangcrous situation for everyone going south on Lexington from east of Amble Dr. because the only way to get to the free way 694 is to turn south on Lexington. 2. It is already very bad during rush hours at the present time. 3. My understanding everywhere is eliminating the number of driveway access on busy roads for PUBLIC safety reasons and the plan I received in the mail showed that there will be THREE DRIVEWAYS instead of ONE!!! 4. I'm sure it is more hazardous for that very busy main road. 5. How many driveways in very short distance (and close to two cross sections) the drivers on that Extremely busy rood (sic) will be watching ??? And if the city agree on that whey (sic) they want to retain the existing driveway isn't bad enough now? e I hope the city of Arden Hills does not approve that plan... Thanks." Kathy Rodziej, 43565 Lexington Avenue, stated they had lived in their home for six months and previous to them moving in the home had been owned by a single person. ARDEN HILLS PLANNING COMMISSION - MARCH 2, 2005 4 . Beverly Sabot, 4367 Lexington Avenue, stated it was difficult to make the turn into the driveway with the speed limit of 40 mph on Lexington Avenue. She noted there the Rodziej's had teenage drivers and this was a safety issue. . Roger Sabot stated two huge mature trees would need to be removed if they widened the driveway. He noted the driveway was not wide enough for two cars to go in and out comfortably. He believed the driveway was 22 feet. He stated they were the first owners after the people who originally built it. He noted putting in two additional driveways would not take out any substantial vegetation. Chair Sand noted for safety purposes, it might be safer to eliminate the existing driveway and put in the two new driveways. Ms. Rodziej stated in that type of a situation, they would have to go past their garage and would need to turn around to get into their garage. She noted they also had recreational vehicles where it would be difficult to get into the driveway if the existing driveway was eliminated. Commissioner Zimmerman asked if they had talked about a turnaround. Ms. Rodziej stated tonight's meeting was the first time they had heard about a turnaround. Chair Sand asked if this were to be approved, who would approve the geometry of the driveway to ensure it was angled properly onto Lexington. Mr. Hellegers replied the City Engineer and/or the Ramsey County Engineers would need to work out the geometry of . the driveways. Commissioner Bezdicek stated more driveways on a busy road were more dangerous. Ms. Rodziej stated they would enter in the center driveway and exit out the other driveway. Mr. Sabot replied they felt they could get into the traffic on Lexington A venue faster with their proposal. He expressed concern that the speed on Lexington Avenue would increase, which will also make the existing driveway unsafe. Ms. Sabot noted most of their vegetation was removed when the sewer system came through. Mr. Sabot indicated they wanted to preserve their large trees. Commissioner Thompson stated the natural tendency would be to take the first driveway. She expressed concern that if these homes were sold at some point in the future, the new owners may not be as cooperative. Letter from Leonard E. Gallus, 1104 Amble Drive, dated February 21,2005: "1. I need to have further information to understand how an extra 12' x 100' . driveway extension starting by my backyard, and angling across the front of the property and connecting to the existing driveway will help the Sabots to access Lexington Ave. They still can only turn to the right and go South at any of the driveways. I L_____u ARDEN HILLS PLANNING COMMISSION - MARCH 2, 2005 5 2. When these 2 lots were developed some 7 years ago, it was my understanding that . for safety reasons there would be a common entrance to the residences. Today, with increased traffic flow on Lexington Ave. the addition of two entrances could make for an even less safe condition than was thought of7 years ago. This would be a short distance on a roadway like Lexington and could add to motorist confusion. 3. The entire neighborhoods of Karth Lake Hills and Karth Lake Estates are able to access Lexington Ave. with little backup and only 2 entrances/exits to Lexington Ave. Additional Concerns: Trees and natural woodland removal Lights from vehicles using the Sabot driveway shining into my backyard Water runoff toward my yard; their property elevation is slightly higher than mine Visual privacy My home value It has recently come to my attention that the Sabot residence is not complying with some Arden Hills residential regulations. The Sabots have conducted an internet shopping business out of their Lexington Ave. home since shortly after moving in. (about 4 years) Apparently clients come to their . home to learn how to use the internet site and do their own business. This business seems to be sporadic, and has been less activity recently. I have been recently informed by Peter Hellegers of the following regulations regarding home businesses: 1. A lieense is needed 2. Driveways should not have more than 4 cars on them 3. Time restrictions for conducting the business The Sabots have not complied with the above regulations. At times the Sabot's have customers whose cars take up their driveway and sometimes require additional parking in front of my house on Amble Drive. The days of the week vary, but it seems that most activity is on the weekends. The time is generally early evening, and ending usually by 1] :00 PM I am very concerned that the real need for the driveways is for their business, concerns. If they get the additional driveway and are able to use the new extension for business parking, I will at times have a parking lot view from both inside my home arid even more . lack of privacy in my backyard." Chair Sand closed the public hearing at 7:52 p.m. -------------- . ARDEN HILLS PLANNING COMMISSION - MARCH 2, 2005 6 i , Commissioner Larson moved, seconded by Commissioner Zimmerman to recommend . denial of Planning Case No. 05-09: David Radziej and Roger Sabot, 4365 and 4367 Lexington Avenue; Driveway Variances, reasons for denial: I. The lack of detail plans and the engineering necessary to show exactly what the dynamics of the access are going to be. The owners have the opportunity to work this out between the City ~d the County Engineers and come up with a better engineered plan than submitted. 2.' The shared access was a condition of approval for the original development of the site and other conditions of a.pproval, which was the turnaround was not met, so therefore, the Commission did not know how the site functions if that condition was iin place. 3. multiple accesses to the property and the proximity to the Victoria. and Amble intersection would be more confusing and dangerous to traffic on Lexington A venue and to the occupants. Commissioner Larson believed the applicants did have access problems and he could look much more favorably on this if there were detailed engineering plans. Commissioner Thompson agreed. Commissioner Zimmerman understood applicant's thoughts wanting two additional driveways, but he did not see how the logistics would work. Chair Sand stated he believed it was not the applicant's fault that the turnaround was not put in, but this should have been taken care of at the time the building permit was issued. He shared the other Commissioner's concerns and indicated he might be more amenable . going along with this proposal with detailed Engineering's plans. The motion canied unanimously (5-0). Roger Sabot stated they were not informed by the County that they needed a detailed drawing; that they only needed a sketch, which is what they presented. B. PLANNING CASE 05-06: CITY OF ARDEN HILLS. 1245 W. HIGHWAY 96: CITY CODE OF ORDINANCES AMENDMENT FOR THERAPEUTIC MASSAGE. Mr. Hellegers stated staff was recommending repealing eXlstmg City Code Section 330.03 relating to massage, rap, and sauna parlors; adopting proposed Section 330.04 relating to Massage Therapy Establishments and Massage Therapists; and Amending Sections 5.E and 10.G of the Zoning Ordinance to reference Massage Therapists and Massage Therapy Establishments. Chair Sand requested a distinction be put in that the license went with the person and not the house, so if new owners were to come in and they wanted licensing, they would need to acquire it. Chair Sand opened the public hearing at 8: 13 p.m. . Chair Sand invited anyone for or against this Ordinance to come forward. Conine Vahle, 1365 Arkwright St. #201, St. Paul, stated she was licensed in New Brighton and she had just surrendered her St. Paul license because the office where she _ --.-...------- . ARDEN HILLS PLANNING COMMISSION - MARCH 2, 2005 7 was working at was closing. She indicated she was in attendance tonight to see what the . City's licensing requirements that were being proposed. She stated she liked the extension of the hours and that there was a requirement for a waiting room for the patrons. She noted she was also in agreement with the fees being proposed. Chair Sand closed the public hearing at 8:18 p.m. Commissioner Zimmerman moved, seconded by Commissioner Larson to approve Planning Case No. 05-06: City of Arden Hills, 1245 W. Highway 96; City Code of Ordinances Amendment for Therapeutic Massage and repealing existing City Code Section 330.03 relating to Massage, Rap, and Sauna Parlors; adopting proposed Section 330.04 relating to Massage Therapy Establishments and Massage Therapist; and amending Sections 5.E and 10.G ofthe Zoning Ordinance to reference Massage Therapist and Massage Therapy Establishments. After further discussion Commissioner Zimmerman withdrew his motion to restate it and Commissioner Larson withdrew his second. Commissioner Zimmerman moved, seconded by Commissioner Larson to recommend Planning Case 05-06 approval based on staffs recommendations for repealing Section 330.03 of the City Code relating to Massage, Rap, and Sauna Parlors and new Section 330.04 relating to Licensed Therapeutic Massage and approving Zoning Amendments numbers I and 2 to allow for massage as a special use, not permitted use, or permitted . use in certain Zoning districts. The motion carried unanimously (5-0). C. PLANNING CASE 05-08: CITY OF ARDEN HILLS. 1245 W. HIGHWAY 96. SIGN ORDINANCE AMENDMENTS FOR ATHLETIC FIELD SIGNAGE AT BETHEL UNIVERSITY, NORTHWESTERN COLLEGE, AND MOUNDS VIEW HIGH SCHOOL Mr. Hellegers requested the Commission consider staffs recommendations to amend Ordinance No. 333 "An Ordinance Regulating Signage Standards within the City of Arden Hills" to establish standards for athletic field signage at Bethel University, Mounds View High School, and Northwestern College where such signage is visible from a public roadway or property outside of these educational institutions. Mr. Hellegers stated representatives from Mounds View School District approached the City about the possibility for athletic field signage on the Mounds View High School property late in 2004. At their mectings on December 2004, January 2005, and February 2005, the Planning Commission discussed the issue of whether athletic field signage should be regulated by the Sign Ordinance and if regulated what standards should be applied. At their February 2005 meeting, the Planning Commission reviewed proposed amendments to the Zoning Ordinance to address the issue of athletic field signage and . recommended certain changes to the proposed language. Subsequent to the February meeting, staff sent copies of the proposed language to representatives at Bethel University, Mounds View High School, and Northwestern College and asked for their input on the proposed language. Representatives from Bethel University recommended that the Temporary Sponsorship Banners be increased slightly in size and also stated that 'ARDEN HILLS PLANNING COMMISSION - MARCH 2, 2005 8 the land should include an "if visible" clause to regulate the signage. The signs that are . not visible would not be subject to the regulation; those that are would have to comply with the new size standards and would be required to file sign permit applications as described in the ordinance. In addition, members of the Planning Commission recommended that the "if visible" clause should establish who was determining if the signage was visible. Staff has included language that would ultimately give that authority to the City Councilor City Administrator. He recommended approval of the seven Sign Ordinance Amendments as proposed. Commissioner Larson recommended they designate a certain staff member or designee to look into the signage. He noted as it was worded that City Councilor City Administrator shall determine if the signage is visible was poor wording for an Ordinance. Chair Sand opened the public hearing at 8:30 p.m. Chair Sand invited anyone for or against the variance to come forward and make comment. Bruce Kunkel, 3452 Glen Arden Road and Administrator at Bethel College, thanked staff and the Commission for their work on this. He believed this would work well for both Bethel College and the residents. . Chair Sand closed the public hearing at 8:31 p.m. Commissioner Larson moved, seconded by Commissioner Bezdicek to approve Planning Case No. 05-08: City of Arden Hills, 1245 W. Highway 96; Sign Ordinance Amendments for Athletic Field Signage at Bethel University, Northwestern College, and Mounds View High School. The motion carried unanimously (5-0). D. PLANNING CASE 05-07: CITY OF ARDEN HILLS. 1245 W. HIGHWAY 96. ZONING ORDINANCE AMENDMENTS FOR to-FOOT FRONT PORCH EXCEPTION TO FRONT SETBACK IN R-I AND R-2 ZONING DISTRICTS Mr. Hellegers requested the Commission consider staff's recommendation to amend Section 6.C.2.a. of the Zoning Ordinance and insert new section 6.C.2.d into the Zoning Ordinance. He recommended approval of Zoning Amendments #1 and #2 to allow for steps, decks, and ramps as Permitted Encroachments up to 6 feet in all Zoning Districts and to allow Front Porches as Permitted Encroachments of up to 10 feet, provided that the front porch is no closer than 30 feet from any front or side lot line, for Single-Family Dwellings. . Chair Sand asked what for the definition of residential street side yard. Mr. Hellegers rcplied that would be a corner property. Chair Sand asked if they wanted to allow some flexibility in the footing and foundation materials so it was complimentary to the home. He expressed concern that it might be , ARDEN HILLS PLANNING COMMISSION - MARCH 2, 2005 9 too rigid. Mr. Hellegers replied this language was taken from the City of Richfield's . language and he believed that City wanted to have a consistent appearance in the front of the homes, He indicated he had spoken with the building official about this and he was okay with either following the Richfield ordinance or not following the Richfield ordinance. Commissioner Larson noted a perimeter foundation was a sturdier structure, Chair Sand stated if they were referring to an enclosed structure, then he could see needing better footing and foundation materials. Chair Sand opened the public hearing at 8:46 p.m, Chair Sand invited anyone for or against the variance to come forward and make comment. There were no comments, Chair Sand closed the public hearing at 8:47 p.m, Commissioner Bezdicek asked if they were only talking about front yard porches. Mr. Hellegers replied this would include front yard and side yard porches. . Chair Sand moved, seconded by Commissioner Thompson to approve Planning Case No. 05-07: City of Arden Hills, 1245 W. Highway 96; Zoning Ordinance Amendments for IO-foot Front Porch Exception to Front Sctback in R-l and R-2 Zoning District. Zoning Amendments #1 and #2 to allow for steps, decks, and ramps as Permitted Encroachments of up to 6 feet in all Zoning Districts and to allow Front Porches as Permitted Encroachments of up to 10 feet, provided that the front porch is no closer than 30 feet from any front or side lot line, for Singe-Fan1ily Dwellings. The motion carried unanimously (5-0). UNFINISHED AND NEW BUSINESS None. REPORTS A. Planning Commissioners Commissioner Larson noted he would not be at next month's meeting. B. Staff . Mr. Hellcgers updated the Commission on upcoming application requests. C. Council Member Council Member Grant updated the Commission on recent City Council actions. . , ARDEN HILLS PLANNING COMMISSION - MARCH 2, 2005 10 . ADJOURNMENT Commissioner Zimmerman moved, seconded by Commissioner Bezdicek to adjourn the meeting at 9:13 p.m. The motion carried unanimously (5-0). . .