Minutes

New Brighton Planning Commission

Regular Meeting - November 21, 2000

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, Jim O'Brien, David Schmitz, Jeff Schopf, Paul Zisla

Absent:	Norm Schiferl

Also Present:	Cary Teague, City Planner

Steve Larson, City Council Liaison

A moment of silence was held to honor Mike Livingston who recently passed away. Livingston was a valued member of the Planning Commission and community and will be greatly missed.

City Planner Cary Teague has accepted a position as Principle Planner at the City of Minnetonka. The Commissioners noted Teague's contributions to the Commission.

Approval of Minutes

Motion by Schiferl, seconded by O'Brien, to approve the minutes of the October 17, 2000, Planning Commission meeting. 5 Ayes - 0 Nays. Motion Carried.

Report on Council Actions

Larson explained that the Council made decision to not implement the Franchise Fee.

Agenda Review

The agenda was adopted as written.

Public Hearings

Teague presented a request by Orville and Evelyn Holmbo for Minor Subdivision and Lot Width Variance for 1654 Valerie Lane. The proposed widths for the two properties would be 65.71 and 72.26 feet wide. The existing home was constructed on the northern part of the parcel with the plan for future creation of a second lot. The City Engineer reviewed the grading plan and did not find any negative impact to adjacent properties. The resident to the east submitted a letter to the City stating no objection to the proposal.

If the City denies the request it would deny the land owner use of the property (construction of a second home), that was originally intended or perceived by the property owner. However, the applicant never paid assessments for both lots for road improvements, utilities, and stub connections for sewer and water.

The City has granted similar lot width variances, however, the Council did deny a lot width variance within this neighborhood. In that case, the property did not have direct access to a public street, and the width of the site was narrower than the proposed new lot. However, it is similar in that no assessments were paid to assume future creation of an additional lot. Because the new lot meets the minimum lot size and the grading will have no negative impacts on the adjacent property, staff recommends approval subject to conditions.

Gary Holmbo, family member of applicant, believes the minor subdivision will have limited impact on adjacent properties and will increase the tax base in New Brighton.

Jim Lindgren, 1665 Roxanna Ln, believes this subdivision will create two undersized lots in a neighborhood of larger widths, and will be out of character for the neighborhood. He does not support the variance.

Chris Halverson, 1684 Roxanna Ln., is concerned of the curb space and the neighborhood aesthetics.

There were no other comments from the audience.

Motion by Baker, seconded by Zisla, to CLOSE THE HEARING.

5 Ayes - 0 Nays, Motion Carried

Teague noted that the lots do not meet the required 45 ft. buffer at the lot line. Zisla asked if the visual impact to the cul-de-sac would improve if the home was moved 10 ft. Teague feels that moving the home back would be allowable and provide for construction of a larger home.

Baker noted concern of the curbing area near the driveway. He feels that when the lot was developed, this type of lot subdivision was not allowed, and the owners decision to build on one site of the lot should not be a basis for variance approval.

Zisla verified that the existing driveway encroaches onto the new lot line. Teague suggested that if the Planning Commission wishes approval, a condition stating reconfiguration of the driveway to meet the 5 ft. setback could be added.

O'Brien noted the limited number of buildable residential lots remaining in New Brighton, and supports the proposal. If both driveways are narrowed to a 12-15 ft. access, it would provide parking and preserve street aesthetics.

Motion by O'Brien, seconded by Schopf, to recommend and adopt the resolutions approving PL00-8 and VN00-8 subject to the following conditions:

1.	Submittal of $750 for park dedication fees for the construction of the new home on Parcel B. Said fees shall be due at the time of building permit application.

2.	As part of any building permit application a grading plan must be submitted, demonstrating consistency with the approved grading plan. Said plan shall be subject to review and approval of the City Engineer to ensure that there are no negative impacts on adjacent properties.

3.	Based on the Grading Plan, the City Forester shall inspect the site for potential tree preservation requirements.

4.	Relocation of the existing shed to meet all required setbacks.

5.	Curb cuts for both lots shall e a maximum of 12 feet wide.

6.	The curb cuts shall be speared by a minimum of 15 feet.

4 Ayes - 1 Nay (Baker), Motion Carried.

Teague presented a Zoning Ordinance Amendment - Section 4-600 (Wireless Telecommunication Towers & Antenna). Previously, Council directed staff and Planning Commission to draft an amendment to revise the City's existing regulations on wireless telecommunication towers & antenna.

The following summarizes the amendment:

Special Use Permit required for new construction of wireless telecommunication tower/antenna.

Applications for special use permits shall be required to meet existing criteria for towers (Section 4-600(b)(1) through (9).

Wireless telecommunication towers/antenna may be constructed to a height that exceeds the required setback. The City must be provided with a licensed professional engineer's certification that the tower is designed to collapse or fail within a distance or zone shorter than the required setback distance.

Zisla said this amendment will provide consistency and a better approach to address telecommunication applications. Zisla will abstain from the vote due to a conflict of interest.

Baker feels the amendment may reduce the number of applications for towers, but there is no statement referring to height restrictions.

Schmitz asked what would happen if a vehicle struck the base of the tower. Jay Littlejohn, Verizon, explained that the poles are 30 ft. underground encased in concrete, and designed to collapse upon itself to withstand direct impact.

Baker amended the ordinance language to state that telecommunication towers/antennas may be constructed up to 33% taller than the required setback..

Motion by Baker, seconded by O'Brien, to waive the reading and recommend approval of the zoning ordinance amendment pertaining to wireless telecommunication towers/antenna.

4 Ayes - 0 Nays, (Zisla Abstained) Motion Carried.

Teague presented a request for a special use permit to expand and reconfigure the existing parking lot of Beisswenger's Hardware, 1360 Old Highway 8 NW. The required setback for off-street parking areas in the MX District for retail uses is 30 ft. This request would reconfigure the parking lot with a 25 ft. setback from Old Highway 8 NW.

Beisswenger's received site plan approval in 1987 for an addition similar to the proposed. A condition

upon the MX District that approved site plans from 1985 to the Ordinance effective date (1999) could be developed as long as improvements made by January 1, 2005. Beisswenger is not proposing to complete the approved plan, rather expand off-street parking. This is the first application for the MX District, and the City is currently working on an overall development plan. Staff is recommending the City hire a professional landscape architect to draft a plan.

O'Brien verified that no other expansion plans have been proposed.

There were no comments from the audience.

Motion by Baker, seconded by Zisla, to CLOSE THE HEARING. 5 Ayes - 0 Nays, Motion Carried.

Baker believes the resolution should state Beisswenger's withdrawal of the 1987 site plan, without this condition, it remains active. Zisla said removal of the site plan would take away a critical piece to apply to that parcel, and the setback request is not too extreme. Teague said approval of plan provides control over landscaping along the roadway.

Baker noted concern that a new owner could apply for an expansion without Planning Commission approval.

Motion by Zisla, seconded by O'Brien, to waive the reading and adopt resolution recommending approval of SP00-16, subject to the following conditions:

1.	Perimeter curbing must be installed around the off-street parking area.

2.	All off-street parking and drive areas be paved with bituminous surface (with the exception of the shared access area with the business to the south).

3.	All off Street parking stalls shall be marked with white or yellow painted lines not less than four (4) inches wide.

4.	In order to reduce the front yard setback from 30 feet to 25 feet, the applicant shall be responsible for installation of all required landscaping along Old Highway 8 to be consistent with an approved landscape/streetscape plan to be completed by a landscape architect.

5.	Provision of a bond or letter of credit in the amount equal to 100% of the cost to install landscaping, curbing and paving to ensure these items are installed per the approved plans.

4 Ayes - 1 Nay (Baker), Motion Carried.

Teague presented a site plan review and special use permit to construct an addition to Highview Middle School and expand/reconfigure the parking lot. The addition consists of a new entryway, classrooms, a gym, media center and expanded cafeteria. The parking lot reconfiguration will include a "drop-off" area in the front of the building. The City Forester reviewed the landscape plans and found them generally acceptable with some modifications proposed. City Code requires no more than two curb cuts per street frontage. The applicant proposes a third curb cut on 7th Street which requires Council approval.

Baker feels the bus parking space area should be eliminated being it blocks the driveway entrance.

Margaret Noyed, 2260 7th St., is adjacent to the proposed addition and feels the plan would not allow adequate space for rescue vehicle access. She noted concern of drainage, walkway area, and fencing. Oscar Noyed said the current parking lot produces much drainage runoff onto their property.

Teague said the proposal contains a fire lane access area, and the drainage/ponding area will be expanded to collect runoff channeled into the street. This should greatly improve the current situation.

Wilma Berg, 818 22nd Ave. NW, said the school's construction created drainage problems which never were remediated. Teague verified there will be no changes made to the grade, but there will be an increase in hard surface. The Engineering staff will need to be confident that drainage mechanisms will be correctly engineered to handle the additional hard surface. Also, the Rice Creek Watershed District will need to review and approve the plans.

Jack Benson, 11 23rd Ave. NW, said the street reconstruction never remediated the flooding problem along 23rd Ave. Larson verified that the City would stipulate as a condition that this project would not have negative impact to adjacent properties.

Baker believes the hearing should be continued due to the issues raised by the residents and Commission. Zisla agrees that it is difficult to speculate on plans when a school representative is not present.

Motion by Zisla, seconded by O'Brien, to CONTINUE THE HEARING TO THE DECEMBER MEETING TO ALLOW FOR A SCHOOL DISTRICT REPRESENTATIVE TO ADDRESS ISSUES OF DRAINAGE IMPACTS ASSOCIATED WITH ADDITIONAL HARD SURFACE, EXISTING DRAINAGE PROBLEMS AT THE REAR OF BUILDING, REGRADING OF SOUTH EAST PORTION OF BUILDING, IMPACTS TO ADJACENT PROPERTIES, AND LOCATION AND USE OF THE NEW SIDEWALK PROPOSED ON THE EAST SIDE.

5 Ayes - 0 Nays, Motion Carried.

General Business

Teague presented the ordinance amendment for Design Guidelines of Multiple Family Residential Land Uses.

Baker added that the Police derpatment had concern over the notation that: "Where parking spaces are located so that the headlights of vehicles shine onto a wall continaing ground level windoes, a year round landscaped screen shall be provided between the parking area and the building. The Police Department has concer over thisprovidsion in regard to safety. They would rather see tinted windoes than landsacaping in these areas. Constructions technqiue would use to miminies any headlights from garling in windows versus the use of landscaping.

O'Brien made suggestion that the use of EIFS (Exterior Insulating Finish System) should not be used in residential construction. EIFS should not be allowed per Code on wood frame construction covering over any material other than masonery.

Announcements and Updates

The Commission thanked Teague and wished him well on his new position.

Kevin Locke introduced Mark Andrle, recently hired Community Development Specialist.

Adjournment

The meeting was adjourned at 9:04 p.m.

________________________________________

Kevin Locke, Community Development Director