#13 - Impervious Surface Text Amendment

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Lake Elmo Planning Commission Minutes: 8-22-2022 PROPOSED DEFINITION CHANGES: Impervious surface means any structure or surface which interferes to any degree with the direct absorption of water into the ground., including, but not limited to, building footprints, sidewalks, paved or gravel driveways and parking areas, patios, sport courts, or any other similar surface. Decks, pervious landscaping fabric, the surface water of pools and retaining walls shall not be included as impervious surface. PROPOSAL DETAILS/ANALYSIS: MAXIMUM IMPERVIOUS LOT COVERAGE Section 105.12.1260(c)(3) Table 17-3: Shoreland Standards currently restricts unsewered lots to a maximum of 15 percent, while sewered lots are allowed a maximum of 30 percent. This results in a high number of variance requests being submitted to exceed to the maximum 15 percent. The intent of this amendment is to reduce the number of variance requests, while not exceeding the maximum 25 percent allowable per MN Statute 6120.3300 and the DNR Model Ordinance. It is appropriate when a community receives many variance requests from the same standard for that community to review whether the standard should be changed. There was one email in opposition to this change from resident Ann Bucheck. Her reasoning was that this may have a negative impact on the environment Public hearing opened at 7:15 PM. Susan Dunn (11018 Upper 33rd St N Lake Elmo) thanked the Commissioners for their service to the community, and reiterated that the Planning Commission’s job is the health, safety and welfare of the residents in the community. Public hearing closed at 7:16 PM M/S/P: Vrieze /Mueller moved to recommend to table the adoption of the proposed text amendment while staff works with the Minnesota DNR to review the proposed changes. Vote: 3-0, motion carried unanimously. (Risner, Rehkamp absent) Vrieze and Mueller both stated that this text amendment needed more work and appreciate that the city staff will be working with the Minnesota DNR. b) 40-Foot Residential Setback from a Public Street Text Amendment. A City initiated text amendment to incorporate a 40-foot setback for any new residential development abutting a public street in the area south of 10th Street. Director Just gave presentation and answered questions: Public hearing opened at 7:25 PM. No public comments. Public hearing closed at 7:25 PM. M/S/P: Mueller / Steil moved to recommend adoption of the proposed amendment as presented, amending Section 105.12.930 Commercial Lot Dimensions and Building Bulk Requirements to incorporate a 40-foot setback for all new residential development abutting a public street. Vote: 2-1, (Steil , Mueller: Aye, Vrieze: Nay) motion carried. (Risner, Rehkamp absent) Mueller stated that the 40 foot setback is reasonable for safety reasons. Steil is also in agreement. Vrieze does not agree with this and believes a homeowner shouldn’t be limited in what they can do with their property.