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05/02/2001 - 00009164CITY OF FRIDLEY PLANNING COMMISSION MEETING. MAY 2, 2001 CALL TO ORDER: Chairperson Savage called the May 2, 2001, Planning Commission meeting to order at 7:30 p.m. ROLL CALL: Members Present: Diane Savage, Barbara Johns, Dean Saba, Dave Kondrick, Leroy Oquist, Larry Kuechle Members Absent: Connie Modig Others Present: Paul Bolin, Planning Coordinator Norm Schultz, 5535 West Danube Road Lesia Zownirowycz, 5527 East Danube Road Pat Koethe, 5501 West Danube Road Cory Lomen, 5501 West Danube Road David Blank, 5544 East Danube Road Ann Ulrich, 5505 West Danube Road Jean Smith, 5584 East Danube Road Jan and Bryan Steppe, 5528 West Danube Road Gayle Peterson, 5495 West Danube Road Karl Breitbarth, 5477 East Danube Road Rick & Gretchen Schroeder, 5497 East Danube Road Patricia Freeburg, 5557 East Danube Road Rick Nye, 5477 East Danube Road Sue Williams, 5568 West Danube Road APPROVE THE APRIL 18, 2001, PLANNING COMMISSION MEETING MINUTES: MOTION by Mr. Oquist, seconded by Mr. Kondrick, to approve the April 18, 2001, Planning Commission meeting minutes as presented. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. PUBLIC HEARING: Consideration of a Preliminary Plat, PS #01-02, by George Bateson, to allow five single family lots, generally located at Heather Place and Central Avenue: MOTION by Mr. Kondrick to open the public hearing. Seconded by Mr. Saba. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS OPENED AT 7:32 P.M. Mr. Bolin stated that the petitioners are George and Anne Bateson and Dennis and Mary Pietrini. The petitioners are seeking to replat the Heather Hills North Addition into five lots in order to construct five single family homes. The petitioner had originally platted the Heather PLANNING COMMISSION MEETING. MAY 2. 2001 PAGE 2 Hills North property into four single family home lots in 1999. City Code required that lots in the R-1 District be a minimum of 75 feet in width with a minimum total lot area of 9,000 square feet. The proposed replat of this addition has lots ranging in width from 76 feet to 184 feet in width and an area from just under 15,000 square feet to over 26,000 square feet in size. The home that is currently under construction in this area by Kootenia Builders will meet all the setback requirements if the plat request is approved. Staff recommends approval with stipulations. Mr. Kondrick asked if any neighbors had any complaints. Mr. Bolin stated that only one neighboring property to the north needed clarification of the notice. The petitioner, George Bateson, stated that their mission is to develop Heather Hills North in a fashion consistent with the quality and character of Heather Hills. They are changing strategy only with five lots. Their commitment to the mission is demonstrated by the fact that they are committed to building a parade of homes for the fall. Ms. Savage asked if he had any problem with the stipulations. Mr. Bateson stated he did not have problems. The drainage plan, the lot line, and grading and has not changed, nor have the contours or the drainage. MOTION by Ms. Johns to close the public hearing. Seconded by Mr. Oquist. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS CLOSED AT 7:39 P.M. Mr. Kondrick stated that he has no problems with this. Ms. Savage and Ms. Johns also agreed. MOTION by Mr. Kuechle, seconded by Mr. Saba, to recommend approval of PS #01-02 with the following stipulations: 1. The grading and drainage plan shall be approved by the City's engineering staff prior to the issuance of building permits, in order to minimize impacts to the surrounding properties. 2. The petitioner shall provide easements as shown on preliminary plat drawing. 3. During construction, silt fencing shall be used where applicable. 4. The petitioner shall pay required park dedication fees prior to issuance of building permits. 5. The petitioner shall pay all water and sewer connection fees. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Bolin stated that this request will go to Council on May 21. PLANNING COMMISSION MEETING, MAY 2, 2001 PAGE 3 2. PUBLIC HEARING: Consideration of a Vacation, SAV #01-04, by Forrest Harstad, for the vacation of a drainage and utility easement, and to rededicate the drainage and utility easement generally located at 5490 East Danube Road. MOTION by Mr. Kondrick, seconded by Ms. Johns, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS OPENED AT 7:39 P.M. Mr. Bolin stated that Mr. Harstad, the property owner, is seeking to vacate a five foot portion along the northerly edge of the existing utility easement and then grant an additional five feet of utility easement to that southerly edge of the existing utility easement. There is a storm sewer pipe going through the property, and it is only 3-4 feet from the southerly edge of the easement right now. By vacating the five feet on the northern edge and rededicating it on the southern edge, the pipe will be centered within the easement and it will make it easier for the City to get in and do any work on the pipe in the future. Only the easement is moving, not the pipe. Staff recommends approval, because the current storm pipe is not centered within the existing easement and the new easement provides the City with the room necessary to access the pipe for maintenance. Mr. Kondrick asked if this the vacation makes it easier for the City. Mr. Bolin stated, yes, because they would not be forced to go over part of the petitioner's yard, causing possible issues with the restoration of property. The petitioner, Forrest Harstad, stated that Mr. Bolin did an excellent job of explaining this request. Mr. Kondrick asked if there were any problems with the stipulations. Mr. Harstad stated he did not have any problems and understands that this is part of the legality of the process. Mr. Rick Schroeder, 5497 East Danube Road, stated his property is right across the street from this property. He stated it is apparent that this hearing does not pertain to the total scope of the project, but it is evident that the neighborhood feels that there are many concerns. This project has come before the City Council and has been denied due to watershed issues. That is a significant issue that should be considered in view of the recent history in Minnesota with changes in the water table and general concerns of flooding. Mr. Bolin stated there have been past proposals, with the most recent proposal of building a home on each lot and filling in part of the wetlands with a replacement plan. Because of these past requests, in 1995, the City came up with steps that the developer would have to meet to build on this lot. That involved conducting a hydrologic and soil studies and combining two lots into one lot. The petitioner has met all these requirements. Mr. Oquist stated that the issue before us is strictly the vacation request. PLANNING COMMISSION MEETING. MAY 2. 2001 PAGE 4 Ms. Savage stated the neighborhood has a right to understand the issues. The petitioner has met the requirements, but there has been no finding that there would be an adverse effect on the environment. Mr. Schroeder asked who the hydrologist was. Mr. Bolin stated the petitioner chose, Ted Mattke, the hydrologist. Mr. Schroeder stated they have had two floods in the last few years, and the hydrologist survey was conducted in one of the drier year. Is this legitimate for an assessment? Mr. Bolin stated this past year has been different than most. The hydrologist is a registered engineer and has a Ph.D. in hydrology. Ms. Patricia Freeburg, 5557 East Danube, stated that she is concerned with the hydrology report. You can always find an expert who will agree with what you want to do. She would love to see an impartial person conduct a current report. Who is this person and what is his/her expertise? Mr. Bolin stated the man's name is Ted Mattke, and he is self employed. The City has not used him for other things but has reviewed his work on other projects. Ms. Freeburg asked if this issue could be considered more at another time pertaining to the drainage and water issues. She is concerned about the manner of soil borings that were taken that seemed to only have been taken from the surface of the dumpings on the lot. Ms. Savage stated those concerns could be addressed with the City Council. The next step then would be legal action if so desired. Mr. Schroeder asked if the local watershed district is involved at all. Mr. Bolin stated he did not believe the watershed district is involved. Mr. Schroeder stated the property backs up to a pond that he believes is considered a wetland area. Mr. Kondrick stated that one of the prerequisites to building is that you cannot have any more water running off your property than there currently is. These concerns will be presented to the City Council who will consider all these issues and there will be a chance for comments at the City Council meeting. They should have some good answers by then. Ms. Ann Ulrich, 5505 West Danube Road, asked why they are discussing the easement movement prior to a house plan being presented for approval? Why is the easement being moved? Mr. Kuechle stated that moving an easement makes it easier for the City to work on it if need be. That is the whole purpose of the easement--to have the legal right to go in and repair without having to ask permission of the property owner first. Ms. Ulrich asked if the City is saying there is potential for work on the easement here. PLANNING COMMISSION MEETING. MAY 2. 2001 Mr. Bolin stated, no, it is for work in the event that a pipe collapses. Ms. Ulrich asked why they are looking at this before a house is constructed. PAGE 5 Mr. Bolin stated that the petitioner wanted it moved in the event that a house is built on the site. It gives the City more room to get in there if they need to, and it also gives the developer more flexibility for positioning the house. Ms. Ulrich asked if this could be dealt with when the house is approved to be built. Ms. Johns stated this is only a paper issue right now. Mr. Bolin stated there is no cost to the City involved with this. It is not related to the building permit. There are a number of ways the petitioner could build on this property without this easement being moved. Mr. Peterson, 5495 West Danube Road, stated that he wanted to present some pictures of the neighborhood in the back of the pond that exists. The pictures also depict the construction site. The existing easement for the drainage ditch probably would not hold a building there even if it is moved. The back of the property drops right into the existing water. Any building will disturb the water to some degree. He objects to moving the easement and creating a different way to put that house in that spot. Karl Breitbarth, 5477 East Danube Road, stated he is concerned about the drainage issues, and he wants the house to sit on the lot in a manner consistent with the rest of the neighborhood. Moving the easement allows the house to sit in a way that would not look right in the neighborhood. Right now, they have a nice neighborhood with distinct types of homes that are set back the same. Ms. Savage asked if Mr. Breitbarth was opposed to building any home there. Mr. Breitbarth stated that would be nice; but if there is, he would like it set back appropriately on the lot. Mr. Norm Schultz, 5535 West Danube Road, stated that the pond and the drainage system is connected to other ponds in the area. This year water is encroaching on all of them with their sump pumps running constantly. If there is some disturbance to the land in question and runoff is not taken into consideration, or how the building is built, there could be some severe problems to the rest of the neighborhood. Ms. Sue Williams, 5568 West Danube Road, stated her property is on the lowest level on the pond that drains into the pond by the Harstad property. The water was within six inches of coming into our basement. The drain pipe did not work, and the City had to flush it. It must be plugged somehow. The engineers do not always know what they are talking about, and she does not trust the engineers to know that the pond he wants to build on will hold enough water for the levels that are coming up. If a house is built, how could they accommodate more water? They were told by the Harstad family that a lot of these lots were unbuildable. A home was built on every lot except this last one. There is no justice in this world. This is the third time the neighbors have had to come back on the same issue. How many times do they have to waste their time stopping this man from doing something he should not have done. He promised the PLANNING COMMISSION MEETING. MAY 2. 2001 PAGE 6 citizens he would never do this in the first place. If she has a flooded basement, the City should pay for it. Ms. Lesia Zownirowycz, 5527 East Danube Road, stated she viewed the plans for the structure Mr. Harstad is proposing to build on two combined lots. If the neighborhood would like to purchase the property, it would cost $300,000. Why is the City of Fridley combining these two lots with one lot that is considered totally unbuildable? Mr. Harstad is planning a house with a four-car garage. According to the assessment office, Lot 6 is currently valued at $1,000, because it is considered unbuildable. Why are these lots able to be combined? She would recommend that these lots remain as single lots. Mr. Harstad should be required to build a home that is compatible with surrounding structures. She asked the Commission to table this issue and then drive by this neighborhood to view these two lots. The neighbors are proud to live in these homes. Mr. Harstad's comments that he will build the biggest and best house on these lots truly concerns the neighbors. They are proud of this neighborhood and would like to continue this tradition. She has lived here for 16 years. Ms. Savage stated the Commission members have driven by to look at these lots and the neighborhood, and they all agree that these are beautiful homes. Could Staff address the one issue of combining of two lots? Mr. Bolin stated combining the two lots leaves no question that the second lot is unbuildable by combining it with this property. The builder can only get one home rather than possibly a second one down the road. Many of these unbuildable lots become tax forfeit and become a burden for the City because the City has to maintain them. Mr. Rick Nye, 5477 East Danube Road, stated he has a petition of everyone in the neighborhood asking the City to give this more consideration because of the impact to their homes with the watershed. The lots have been dumped on. MOTION by Mr. Kondrick, seconded by Mr. Kuechle, to receive the neighborhood petition. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. Ulrich asked who would be responsible for these watershed issues if the house was built and who should they contact? Ms. Savage stated that the best thing may be to attend the City Council meeting or contact the City for more information. Ms. Ulrich stated that two days ago a former owner of her house who lived there for 20 years came to visit them. This former neighbor implored her and her husband to go forward with these concerns. He walked her through the yards where it has been proven where the water would flood the homes. Mr. Harstad told her that he would bring fill in onto this property to build this home. He would not put fill in the pond but would need to fill the lot. The land caves down after the property line so possibly retaining walls would need to be put up. That, however, would affect the natural runoff of water into the pond and force it into the ground that would affect the water table. Mr. David Blank, 5544 East Danube Road, stated that the Springbrook Nature Center is drowning, and it is due to the development around there. Each time a building is built, the PLANNING COMMISSION MEETING. MAY 2. 2001 PAGE 7 ground cannot take the water that runs off the roofs. That will cause more problems. The new home that Mr. Harstad intends to live in will not have water in the basement, because he is not building a basement under that home. He himself has remodeled his lower level and will be very unhappy because of the building on that lot. Mr. Schroeder stated that this is a contentious issue, and it is reasonable to consider other people's opinions other than the hydrologists. Ms. Janet Steppe, 5528 West Danube Road, stated that the pond behind her house fills to the top level, and she is concerned that this will severely affect the water drainage. MOTION by Mr. Kondrick, seconded by Mr. Oquist, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS CLOSED AT 8:24 P.M. Ms. Savage thanked the residents for coming, and this discussion will be on record for the Council meeting for May 21. Mr. Kondrick stated that it is nice to be aware of all the issues this evening, but this will be considered further as the building permit is requested. He does not have any issues with the vacation request. Mr. Saba stated he does not either. If he did live in that neighborhood. he would be voicing these same concerns. Ms. Johns stated that she does not have a problem with the easement issue. It is probably a good move as far as the City is concerned for maintenance of the pipe. The water concerns will be listened to by the Council. Any water coming into anybody's home is a concern for any neighborhood. Mr. Oquist also agreed. He suggested that the neighbors contact Councilmember Wolfe with the concerns so he can be prepared. Will there be any special use permits or variances for building on the property? Mr. Bolin stated that it would go straight to building permit. Mr. Oquist stated that the house may be built too close to the street and not in line with the rest of the properties. They have to have a certain setback from the street. Mr. Bolin stated the house is required to be set back 25 feet from the street. Mr. Kuechle agreed with approval of the vacation. MOTION by Mr. Kondrick, seconded by Mr. Saba, to recommend approval of vacation request, SAV #01-04, with the following stipulation: 1. The petitioner shall not construct any buildings or other permanent improvements over the easement area. PLANNING COMMISSION MEETING. MAY 2. 2001 PAGE 8 UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. ADJOURNMENT: MOTION by Mr. Kondrick, seconded by Mr. Saba, to adjourn the meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE MAY 2, 2001, PLANNING COMMISSION ADJOURNED AT 8:29 P.M. Respectfully submitted, Signe L. Johnson Recording Secretary