Minutes

New Brighton Planning Commission

Regular Meeting - June 16, 1998

7:30 p.m.

Call to Order

Larry Baker, Chair, called the meeting to order at 7:30 p.m.

Roll Call

Present:	Larry Baker, Mike Livingston, Jim O'Brien, Norm Schiferl, David Schmitz (late), Jeff Schopf, Paul Zisla (late)

Absent:

Also Present:	Cary Teague, City Planner

Approval of Minutes

Motion by Schiferl, seconded by O'Brien to approve the minutes of the April 21, 1998 and the May 19, 1998 Planning Commission meetings as written. 4 Ayes - 0 Nays. Motion Carried.

Report on Council Action - None

Agenda Review

The item, Concept Review of Beach's Service Station, was added as an informal discussion.

Public Hearings

Preliminary Plat Review and Lot Width Variance (PL-246 & VN-319)	Larry Beach

Teague reviewed the Planning Report concerning a request for a Preliminary Plat and a Lot Width Variance for a single family residential subdivision of property located east of Silver Lake Road, west of 23rd Avenue and north of Stony Lake. Teague showed slides of the site.

Schiferl asked if Teague had traffic statistics for the 21st Avenue NW. Teague responded the Met Council provided the traffic information for the major roads. Silver Lake Road generates 15,000 trips per day.

Schiferl stated that, since the City does not plan to buy this parcel for a park site, this site will be residential, either now or in the future. Teague stated the site was designated for single family development in the Comprehensive Plan, which was updated in 1988. Schiferl said the issue was not whether to develop the site or never to develop the site. Teague said that was correct.

Larry Beach, the applicant, was present and had nothing to add to Teague's report. Because the item is a public hearing, Baker invited the audience to speak.

Kay Bannister Schaffer, 1650 23rd Avenue NW, said that each person who will speak this evening is speaking for 90 percent of the neighborhood. Schaffer said the first issue she would address is about the watershed. Schaffer referred to the pictures she provided to the Planning Commission. The proposed buildings backing up to Lot 1 would have a serious flooding problem. Schaffer said a heavy rain can put water in her area for up to six days and fills the whole length of the backyard. In the mid '80's, the City Engineer said the only solution to Schaffer's problem would be to bring in heavy fill to Schaffer's property and the property next door. The neighbor was unwilling to do that. Schaffer said they gradually added fill to the back of their property. Schaffer described the drainage on her property. Schaffer said she was very concerned that filling the wetland will exacerbate these difficulties.

Schaffer said she was concerned about the increase in the water level in Stony Lake, which is a Type 5 Wetland. The lake has continued to rise over the last several years. Trees are standing in water there. Schaffer said she was concerned about disturbing the ecosystem of Stony Lake. Schaffer stated the pictures of the shore line she provided to the Commission show a fragile ecosystem.

Tom Benahrio, 2391 17th Street NW, stated he would like to talk about Wetland #3, #4, and #6. Benahrio said there is standing water on his property this evening. The water is close to the surface. Benahrio said if he digs down 12 inches, he hits water. The proposed development's effect on the drainage would be unpredictable, both above and below ground. Benahrio stated he gets water in his basement in the spring now.

Benahrio said Teague's report did not deal with historical significance. The property is dense with oak trees. The stand of oak trees is the oldest in the City. Historically, the City of New Brighton has had an interest in those trees and a desire to preserve each tree in that area. For the last ten years, the City Forester has walked that land, marked trees, and has managed that stand on a tree by tree basis. The City has also subsidized removal of diseased trees. The City has actively managed these trees. Teague's report states the City Forester would like a detailed plan about preservation of the trees. The proposed development would not preserve the trees. Benahrio stated he was concerned that, before the City proceeds with any irreversible action, that we look at the impact. In answer to a question from Livingston, Benahrio described the elevation of his property. Benahrio said his property was lower than any other property in the area, except for the lowest portion of Wetland #6. Benahrio asked what would be the impact on Stony Lake?

Betty Rolland, 1555 Silver Lake Road, stated she was concern about the lake being filled more. Since she has lived there, they have filled the section where Ted and Jo Broberg's house is. Last year, Charlton's did some filling. Rolland said she had called the City about Charlton's filling in the lake. Livingston asked Rolland for the addresses of the properties she referenced. Rolland said Broberg's property at 1508 23rd Avenue used to be completely Stony Lake. Rolland said she tried to prevent the filling, but was unsuccessful. This past summer, the owners at 1514 23rd Avenue, also filled the lake. Rolland said she was concerned the proposed development would fill the lake further. Rolland said she would like to know how far from the lake the proposed homes would be. Rolland said she sold lots at 2410 and 2440 15th Street in 1993, which she had resurveyed. Rolland stated the surveyor told her that she could not build closer than 30 feet from the road or 50 feet from the lake. Rolland stated she had to abide by that rule. How close would these houses be to Stony Lake? Rolland said she had six lots, but after the survey she only had two lots because of the setback requirements.

Teague said that the Department of Natural Resources (DNR) prohibits filling in this wetland because it is a protected wetland. The drainage utility easement would be placed around it to prohibit any filling in the future. As for the setbacks, the DNR does not classify the lake as a water body--it is a wetland. The DNR does not require any setbacks from a wetland. Rolland asked why the City required her to follow setbacks. Teague said he did not know. Rolland said she spoke to a person at the City about it who said she must follow the setbacks. A home on Silver Lake Road is right on the lake. Rolland said she asked that person how that was possible and he said they built it before they changed the law.

Teague said both the Watershed District and the DNR indicated that no setback was required because it is not a protected lake. The Rice Creek Watershed District is the governing body to enforce the shoreland ordinance.

Ron Meilahn, 1638 23rd Avenue NW, stated his home borders a 60 foot easement that will eventually be designated as a cul-de-sac road. Meilahn said that, when he built his home thirty years ago, he asked the City Attorney if he would be assessed for the road improvements on the proposed site. The City Attorney told Meilahn he would not be assessed since the road would benefit the houses going in there. Meilahn said that he recalled he saw five lots on a plat plan. Meilahn said his neighbor and he were going to buy one of those lots and split it. Because the lot bordered on the cul-de-sac, they would then get assessed for significant improvements. Mrs. Carroll did not want to break up the parcel so Meilahn and his neighbor could not buy the lot. Meilahn said he was not concerned about the lake when he built his home thirty years ago because the lake was small. The lake is nothing more than a swamp at the foot of Lot 9, which dries up in the summer. Meilahn said the proposed development could be subdividing the site into too many lots.

Meilahn said he applauded the City Forester's efforts in identifying potential problems on Lot 9 if the trees are removed. Meilahn showed a slide of the oak stand. Some oldest trees were in the middle of Lot 9 where a house would be located. According to the City Forester, a tree survey could be done. Meilahn described a tree survey and how it could be used in the development of this site. According to Mr. Beach, the lots on the lake will be about $100,000 and the lots facing 17th would be $80,000. Much of that value will be because of the trees. The trees should be saved, if possible. Meilahn said the Commission had been provided with pictures of the damage done last Thursday when the bulldozers came in and demolished Mrs. Carroll's house. Meilahn said he hoped this was not an indication of what will happen during the rest of the project. Meilahn said the Ramsey County Assessor told him his home value would be negatively impacted when Lot 9 is developed.

John Dalnes, 1621 23rd Avenue NW, said he was not opposed to development. Dalnes said he was in the brick business and Beach is a customer. Dalnes said he was concerned about the safety of the people in the neighborhood. The proposed development will increase traffic significantly. If these homes are to be built, the City should monitor traffic on 23rd. Dalnes said he was concerned about traffic speed. Dalnes read a list of traffic control suggestions:

To construct a street that would connect to Silver Lake Road because 23rd Avenue has far too much traffic

To add more traffic controls to 23rd Avenue, including stop signs at 23rd and 15th Street and 23rd and the proposed new street

Additional signs specifying the speed limit and slow children

Pat Montague, 2419 17th Street NW, stated he agreed with the other residents who were concerned about potential water problems for the current residents. Montague said he was also concerned about the safety of the neighborhood children and felt the new road should intersect with Silver Lake Road. The traffic would not be coming both ways off 23rd onto 17th. Ninety trips per day would increase the traffic on 23rd by 44 percent. Hamilton Court with five houses intersects with Silver Lake Road. There is no reason a street with nine houses on it could not go onto Silver Lake Road.

Katy Donovan, 1550 23rd Avenue NW, said she was also concerned about traffic. The proposed street should intersect with Silver Lake Road. Donovan stated she was concerned about the additional traffic because there are no sidewalks for walking.

Schaffer referred to a 1992 study done on 23rd and 17th she compiled between June 24, 1992 and June 30, 1992. Since 23rd Avenue goes to Pike Lake School, the school traffic is not reflected in that data. Teague's report only reflects the summer traffic counts. Teague projected ten trips per home per day or ninety trips. Schaffer said she spoke to the Urban Planning Department at St. Cloud State University and they said ten trips per day is low and project fifteen trips per day. Schaffer stated the standard will soon be changing. Schaffer referred to information provided to the Commission on traffic volume based on 24-hour totals. Clearly 23rd Avenue has a great deal of rush hour traffic. Much of the rush hour traffic is speeding. Walkers and children are out at those times. There are no stop signs on 23rd. A few years ago, Schaffer conducted a stop sign experiment on 15th and 23rd during the rush hour. Of the thirty cars that came to that stop sign during the rush hour, only 20 percent of the cars came to a full stop. More traffic will increase these problems. Schaffer stated the data provided in the Planning Report underestimates the problem.

Livingston asked where Schaffer got her traffic data. Schaffer responded this was a 1992 traffic study that we provided to the Commission. Livingston asked if Schaffer contacted the Police Department regarding vehicles not obeying the traffic laws. Schaffer answered that Meilahn talked to them. Schaffer suggested a new traffic study should be done in the area because traffic has increased since 1992. Schaffer said she was very concerned about the increased traffic from the proposed development. Schaffer said the data showed that, since there is already an outlet onto Silver Lake Road, traffic controls should be on Silver Lake Road rather than on the residential street.

Bob Swoverland, 1614 23rd Avenue NW, stated the 1992 traffic study was conducted because of the concerns about traffic and speed raised by the neighborhood. To summarize Schaffer's statistics, 27 percent of the trips on 23rd Avenue NW are in excess of the speed limit. One in every three trips on 17th is in excess of the speed limit. Meilahn has called the Police Department often with license numbers of cars that were speeding. The Police Department does the best they can to follow up on these drivers. The neighborhood may appear to be a quaint neighborhood, but 23rd is used as a bypass for Silver Lake Road. 17th is becoming an artery off Silver Lake Road. Swoverland said he agreed something will be done with the property and the neighborhood stands to benefit if the property is developed appropriately. However, we could lose the quaintness of our neighborhood. Mr. Beach said he wanted to develop a cozy neighborhood. Swoverland agreed, we have a cozy neighborhood now and do not want to lose that. We do not want to lose the pond. There are many good things in the neighborhood that are potentially at risk if some issues are not addressed before the property is developed. The traffic situation must be understood.

Swoverland said he was interested to see what the Rice Creek Watershed District has to say about the development. Betty Rolland commented that the water level was increasing. There are trees standing in water that were not in water previously. The pond is a fragile pond that cannot take more abuse. There is a septic system on the property now that they will have to remove. How will that be done? Swoverland said he doubted that the two homes along the easement meet the 30-foot setback for a corner lot. They may have been platted years ago when the code was different. If they do not have a 30-foot setback, building a new road is not appropriate. Regarding utilities, there have been comments about saving trees along the side of the easement. The sewer line is 25 feet deep. They have to dig down 25 feet to connect into the sewer. They would probably have to excavate the entire width of the easement and lose every tree on the easement.

Swoverland stated that when Brighton Village and Windsor Green were developed, it was decided to not allow additional traffic into those residential neighborhoods. Therefore, this development should go onto Silver Lake Road. Traffic is a significant issue to our neighborhood. Swoverland said they had a pleasant neighborhood. If the potential new home homeowners have a quaint neighborhood, we should have a quaint neighborhood also.

Quiset Montague, 2419 17th Street NW, stated they bought their house because of the wooded lot at the back of their home. Montague said her home was secluded in the summer, but in the winter and spring when there are no leaves on the trees, they can hear the traffic on I-694. Montague stated her biggest concern is that, when the developer removes the trees from the site, they would lose the buffer from I- 694 and Silver Lake Road. Montague said she knew someone would develop the property, but she hoped the trees will be considered.

Zisla asked Montague what she thought the City should do about the trees. Montague suggested the property be divided into fewer lots. Zisla asked for a specific statement about the number of lots and a specific statement about the trees, other than we all like to look at the trees on that lot.

Benahrio said it should be a park, but that is not what the City has planned. The City has invested heavily in this asset over the years. Every tree should be saved. Whoever develops the site should know this is a special place. The number of lots should be reduced. Any decision is irreversible. We would like to work together to understand the impact of developing the site, how to develop it, or if the property should be developed.

Zisla said the applicant had a timeline decision to make. The argument is this is a community resource. Are the trees on the properties of the present residents also a commission resource? Benahrio said the City Forester should be included in this conversation. Zisla asked if anyone in this room thought they should go through this process when they want to cut down a tree on their property. Benahrio said no, this development is unique. This is probably an old growth forest and this is the last piece of property that has those characteristics.

Zisla said this site was not a community asset. The City has no mechanism, except the cooperation of the developer, to preserve trees. The people who spoke tonight seem to be asking for a tree plan. There has been wonderful rhetoric and wonderful thoughts expressed this evening. However, the Planning Commission must make a decision under the rules that are currently in place.

Livingston said, speaking as a real estate appraiser, it is to the developer's advantage to preserve as many trees as possible. The City should ask for a plan showing the trees and the location of the proposed houses. That has already been considered. Livingston stated Lot 9 shows 23,000 square feet and could really hold two houses. Lot 8 has 36,000 square feet; Lot 7 has 30,000 square feet; Lot 6 has 32,000 square feet; Lot 5 has 16,000 square feet; Lot 4 has 17,000 square feet; Lots 1, 2 and 3 have between 11,000 and 12,000 square feet. By using the Comprehensive Plan, more than the nine houses requested could be put on the site. A developer could come to the City asking to treat a site as a PRD and put fifty or more townhouses on the site. We must consider all the possibilities.

Donovan asked the Planning Commission to consider putting the entrance to the development on Silver Lake Road.

John Rengo, the developer's surveyor, said he would represent Mr. Beach this evening. The entrance on Silver Lake Road has been considered. This would be a bad place for the entrance because of the dip coming down from the north. Silver Lake Road is a Ramsey County road and they require entrances to be a specified number of feet from other intersections. The entrance onto 23rd is the most likely entrance because there is a street that is already platted. The utilities are there and stubbed. If the intersection were on Silver Lake Road, the utilities would be coming from 23rd Avenue in any case.

Rengo said some trees would have to be cut. There was an issue about the depth of the sewer raised. Rengo said he recalled that Beach's engineer said the sewer was about 20 feet deep and the sewer would not be that deep coming from the project. They would construct a drop.

Larry Beach, the developer, said he wanted to preserve as many trees as possible. Beach said he appreciated trees. We narrowed the proposed street so the front yards would be deeper to accommodate more plantings. Beach said he wanted to plant as many trees as possible. Beach said he understood Ron Meilahn's concern about the view from the back of his house. If we can, we will shift the house behind Meilahn to the west as far as possible. Beach said he would plant evergreens on the site. Beach said his project on Silver Lake Road shows his concern for a good-looking development.

Beach said the issue of entrance onto Silver Lake Road concerns safety. It would be very hard to pull onto Silver Lake Road because of the dip in Silver Lake Road and the hill. Silver Lake Road would be a very bad place for an entrance to the development. Beach said he understood the residents' concerns for the safety of their children. Beach stated the proposed entrance would be the safest. Beach said he checked with Ramsey County and they were reluctant to have an entrance onto Silver Lake Road because of the 16th Street intersection.

Schiferl asked Beach about the drainage issue. Teague's Planning Report states the City Engineer has reviewed the proposed grading plan and found it generally acceptable. How would you address the concerns of the people living on 17th Street who have lower lots?

Beach and Rengo reviewed the drainage plan. Beach stated the plan does not call for construction of any berms to block the drainage. Beach pointed out the grading and drainage features on the plan and showed the locations of additional plantings on the plan.

Zisla said asked Beach about his statement that he would like to retain some of the berm on Silver Lake Road. Beach said some of the berm had to be cut down. Beach said he would like to keep as much of the berm as possible and give the homes a back yard. Zisla asked Beach for a more definite answer. Beach responded that, because of the topography of the land in that area, most of the trees would be cleared. Beach pointed out the locations of the trees on the plan and where the trees would have to be cleared.

Zisla said, on one hand, Beach is saying he has to clear most of the trees there. The neighbors are saying we need to look at these things and Beach is saying the trees have to be cleared. Zisla said it was aggravating to hear people complain about an extra ten cars an hour during the peak two hours will destroy their neighborhood. Zisla said these were public streets and neighborhoods. Considering the good of the community, an access on Silver Lake Road does not make sense. Mr. Beach has said he may have to level the site. People may not want to hear that. Zisla said Beach should come in with his landscape plan to show that there is no alternative. Zisla said it boggled his mind to be told that nine more neighbors will destroy the neighborhood.

Baker said that, in defense of Mr. Beach, the City does not require a landscape plan. Zisla said the ordinance should be changed so that a landscape plan is required.

Teague said Staff recommended that, as a condition of approval, the applicant submit a tree identification plan that would identify the significant trees in addition to the landscape plan. That would be addressed as part of the final plat.

Baker said the point that this site was 5.4 acres and could legally accommodate twenty-four homes under the R-1 zoning seems to have gotten lost in this discussion. Meilahn asked how that was possible. Baker responded each lot only needs to have 10,000 square feet under the R-1 zoning. The people who platted the area obviously wanted the entrance on 23rd because the street is dedicated. The two houses on 9th would not be made nonconforming. They cannot say that this street will ruin their neighborhood because the street was planned to be there. Meilahn said it may have been planned but it can be changed. Baker responded affirmatively.

Meilahn asked how many of the Commissioners had walked through the site.

Zisla said the Planning Commission was made up of volunteers and said he did not appreciate Meilahn's cross examination. However, Zisla responded he had walked through it. (Meilahn began to speak about the last meeting.) Baker said the meeting was getting out of control and the audience could speak when asked for their comments.

Livingston stated that, concerning the traffic on Silver Lake Road, where businesses formerly had two entrances on Silver Lake Road and two entrances on a side street, these extra entrances have been eliminated. From a traffic point of view, more entrances create safety problems. Someone mentioned the stop sign at the entrance to Windsor Green. There are approximately 100 units there. Ramsey County will not put in a stop sign for eight or nine houses. The Commission is trying to do the best we can to be fair to the current residents, the developer, and the future owners.

Schiferl asked Teague about the effect of the proposed development on Stony Lake. Schiferl asked Teague if, when he talked to the DNR, was there any discussion about the water elevation for Stony Lake and the incremental effect of another development. Teague responded that, to comply with the 100-year flood plain elevation, a new home must be built 2 feet above the 100-year flood elevation. Teague said, according to the DNR's records, the highest water level elevation for that wetland is 928. The lowest elevation of the proposed houses is 934, which is 6 feet above the highest recorded elevation. Schiferl asked would it become a catch basin for additional drainage from these eight or nine homes? Would that affect the protected wetland status? Teague said Stony Lake would receive more water. However, Teague said he was not an engineer so he could not answer how much water would go into Stony Lake. Schiferl said he was concerned about the quantity of water. Teague responded that would be part of the RCWD's review. The DNR will review it as well.

Schiferl asked Teague if the City Engineer looked at the effect on the adjacent property when he reviewed the grading plan. Teague replied affirmatively. Teague stated, although we cannot solve all the existing problems, we cannot exacerbate those problems according to the criteria the City Engineer uses when he reviews a plan. The City Engineer did suggest that, regarding the wetland on the northeast corner of Lot 1, a pipe should be installed from the wetland to the catch basin in the street and a drainage easement be placed over the entire area.

Mary Rasmussen, 2364 17th Street NW, stated that, approximately ten years ago, a group of neighbors came to a City meeting regarding the corner lot on Silver Lake Road and 17th Street NW. The owner of this lot wanted to put a house on this lot. We were concerned about the appearance of the house and the landscaping. The owner had a wonderful landscape plan from Bachman's. Now this lot is a mess. Rasmussen said she would like to see Beach's plans in writing.

John Meehan, 2420 17th Street NW, asked what the developer would do when he digs the foundations into the underground creek. Digging would create pressure. Where would that water go? Meehan asked if the water would back up into his neighbor's basement and ultimately into his basement. Meehan said he had two sump pumps in his basement. Water is a strong concern for the homes on either 17th or 23rd.

Schiferl asked Meehan to clarify his comments about an underground creek. Schiferl said he was not a geologist, but he understood the only underground creek existing in Minnesota is in southern Minnesota in the limestone area. Meehan said he added to his home twice and, when they dug the foundations, they hit underground pockets of water both times. According to the contractors, Meehan had to have sump pumps for the new areas. Meehan said his sump pump ran all last winter without stopping. Meehan said that there was a good possibility that the reason Stony Lake is so high is from underground water. Meehan said he was concerned about the foundations that would go behind the existing homes of 17th and 23rd. A new home was built a year ago on 23rd. Meehan asked if there were any problems with water at that home. Beach responded there is 23 feet of gravel there and there is no water problem there.

Meilahn stated there is a speeding problem on 23rd Avenue. Meilahn stated that getting the license numbers of the speeders was difficult. The Police Department does not have the manpower to monitor the speeders. A stop light at Rice Creek Road and Silver Lake Road might be helpful.

Motion by Baker, seconded by Schiferl, to close the public hearing. 7 Ayes - 0 Nays. Motion Carried.

Baker said he was not in favor of the sidewalk from Silver Lake Road to the cul-de-sac. Several other commissioners expressed agreement with Baker. Baker stated he wanted to answer the comments made about wetlands this evening. The proposed development does not require DNR approval. The drainage plan appears to improve the current drainage for the homes to the north. The culvert the City Engineer is requesting on Lot 1 should improve drainage problems. Concerning traffic, this site is 5 acres and is bound to generate traffic. It is an overstatement to say that nine homes would generate a great amount of traffic.

Schiferl stated that everyone in New Brighton probably has concerns about traffic speed. However, Schiferl said traffic was not a land use issue. Ninety additional vehicle trips are not a major addition to the traffic. Just because people flagrantly violate traffic laws, the Commission cannot base its decision on traffic problems.

Baker stated he did not oppose the variance. The proposed development is better using a variance than the other concept we saw. The development could be done with a private street and a variance would not be needed. A public street with a variance is the best choice.

Schiferl said he had a problem with Baker's statement. Schiferl said the developer wanted nine lots instead of eight for economic reasons. From a technical reading of the variance rules, economic hardship is not allowable. Schiferl said he was not convinced this would be an appropriate use of a variance. Eight lots may not be viable from an economic standpoint, but from a land use standpoint it is more viable.

Zisla stated that, according to the ordinance, economic hardship alone is not sufficient. The standard is lower than what we have here. That is, if strict interpretation prevents a property owner from making any reasonable use of his property, a variance should be granted. Zisla said this was a reasonable use. Uniqueness would seem to qualify here also because of the slopes and the water on the property. The variance would be on the street frontage, but the lot itself is odd-shaped and fairly wide. Therefore, there is more here than just an economic consideration. If the developer does not have the variance, a large chunk of the property would be unusable. Zisla stated he thought the argument Teague made about the trees is very important. Zisla said that, if there is a variance, using an aggressive approach to preserving trees is essential. Zisla said he found it disturbing that the issue has not be dealt with directly. Beach's statement about clearing the site was disturbing. However, the variance complies with the standard.

Baker asked Beach for clarification off his statement about clearing. Beach said he referred to the thick vegetation on the site. The vegetation is the short stuff on the property. Baker asked about the trees on Lot 9. Beach responded he would shift the house on Lot 9 to the west to save the trees. Beach said he wanted to save the trees. Beach stated the trees make the lots more valuable. Beach said he had a development in Blaine, which has used an aggressive tree preservation program. Beach said he had preserved trees in the past and would do so on this site. Beach said he simply wanted to be up front about the vegetation. The vegetation has to go. Zisla asked about vegetation. Zisla understood vegetation was the trees. Beach answered that he would save as many trees as possible. Zisla said, "as many as possible" could be one tree. Beach responded that if the trees are in the proposed road, we could not save them.

Teague stated that Condition #3 under the approval conditions specifies submittal of a Tree Identification Plan as part of the Final Plat application. The Tree Identification Plan would identify the significant trees.

O'Brien asked if they could make any modifications on the Silver Lake side to redraw the slope area. Beach responded he could do that with the help of John Rengo and the City Engineer. Beach said a berm between the cul-de-sac and Silver Lake Road would be a possibility. Zisla asked if Beach could say specifically what he his going to do. Beach said John Rengo could probably tell us how much of that berm or hill has to come out of there. Beach stated they did not have grading stakes out there yet. Beach said he would like to keep the hill as high as possible.

O'Brien said that, based on figures he had run, most of the hill can remain and would not interfere with the drainage on the west side. Beach said he would be happy if the berm can remain. Beach said he would have to review it with Rengo and the City Engineer but that, if it can be done without a large retaining wall, that would be fine with him.

Schiferl said that he had considered Zisla's comments on the variance and stated he could agree to the variance based on unique circumstances if the City gets something in return. The City would have to get the tree preservation plan and perhaps the hill. We do not have enough information to do that.

Zisla stated a condition of approval could be added to satisfy these concerns. O'Brien said he sensed some hesitation by the developer. Beach said that he was not an engineer and did not know if saving the berm was possible. Beach said he was quite certain that would be possible and it would be a nice buffer. Baker asked if the Commission could make saving the berm on Silver Lake Road a condition of the variance by using it as the unique circumstance. Teague responded the Commission could add the size of the trees to the unique circumstance. Baker said he would like to require the items as part of the variance. Teague said that any revision of the grading plan should be made subject to the review of the City Engineer and the Watershed District.

Baker asked said the question was can we tie it into the variance along with the plat. Baker said an item should be added to the conditions of approval requiring the existing berm along Silver Lake Road be maintained. The Commission discussed adding an item about preserving the trees on Lot 9.

Motion by Baker, seconded by O'Brien, to recommend approval of VN-319 per the Staff Recommendation with the addition of the conditions: " No. 1. The mature White Oaks along the eastern lot line are not disturbed, and a minimum setback for driveways and all structures be 30 feet from the east property line for Lot 9." and "No. 2. The existing berm along Silver Lake Road be maintained."

7 Ayes - 0 Nays. Motion Carried.

The Commission discussed modifications to the Staff Recommendation for VN-319.

Motion by Baker, seconded by Zisla, to recommend approval of VN-319 per the Staff Recommendation, removing Condition #10 and with modifications to the following conditions to read:

3.	Submittal of a Tree Identification Plan as part of the Final Plat application, and reaching an agreement with the City Forester as to what significant trees (8-inch diameter) will be removed and what significant trees will remain. Said plan must include what tree protection measures that would be utilized during construction.

4.	The mature White Oaks along the eastern lot line are not disturbed, and a minimum setback for driveways and all structures be 30 feet from the east property line for Lot 9.

7.	The grading and drainage plan shall be revised to include a drainage and utility easement over the wetland and drainage area on Lot 1, and over the Stony Lake Wetland. Said plan must ensure that there are no negative impacts on the adjacent properties.

8.	Said revised grading and drainage plan must also demonstrate that the existing berm along Silver Lake Road be maintained.

7 Ayes - 0 Nays. Motion Carried.

General Business

Concept Plan Review for Brightwood Hills Golf Course - Mary Burg, Golf Course Superintendent

Teague briefly discussed a proposed concept plan for the redevelopment of the Brightwood Hills Golf Course Club House. This item will be on the July 21 Planning Commission agenda for formal Site Plan review and a Special Use Permit.

Jones Lake Concept Plan	City of New Brighton

Teague reviewed the concept plan alternatives for a trail and park around Jones Lake. Teague said the Parks, Recreation and Environmental Commission on July 1 would review the item. Teague invited the Planning Commission to attend that meeting. The Commission briefly discussed the plans.

Beach's Long Lake Service

Teague said the owner of Beach's Long Lake Service has asked the Commission to discuss rezoning his property to B-3 informally. Staff advised Beach to become active in the Comp Plan update. Beach wants to add on to his business and would like consideration as to appropriate use. Beach wants to expand the service repair portion of the business. Teague asked for general comments on the proposed rezoning.

Baker said he was concerned about going from R-1 to B-3. If a B-3 zoning district were approved, then this site could be utilized for any of the uses allowed within the B-3 district. Uses allowed within the B-
3 district are not appropriate for this site given the surrounding land uses on all sides are single family residential. Baker said B-1 may be more appropriate. After discussion, the consensus was that B-3 is not an appropriate zoning of this site.

Announcements and Updates - None

Adjourn

Motion by Zisla, seconded by O'Brien, to adjourn the meeting. 7 Ayes - 0 Nays. Motion Carried. The meeting adjourned at 10:31 p.m.

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Cary Teague, City Planner