07-07-2009 CCM - Laserfiche WebLink

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LAKE ELMO CITY COUNCIL MINUTES JULY 7, 2009 3 Request Council direction on buffer setback in Open Space Preservation developments Kyle Klatt, Planning Director, asked for direction to staff on how to proceed with possible changes to the buffer setback in the ordinance which applies to all Open Space Preservation (OP) developments. He explained many houses and accessory structures in existing OP developments are nonconforming to this requirement and many vacant lots in newer platted developments are essentially unbuildable when applying this setback. Not taking action would result in continued variance requests being made on lots in OP developments. MOTION: Council Member DeLapp moved to direct the Planning Commission to review the Open Space Preservation development ordnance with regards to buffer setbacks in order to address both existing non-conformities and future developments on a City wide basis and to look more in depth at options 3 and 4 provided by staff. Council Member Park seconded the motion. The motion passed 4-0. Consideration of reduced buffer setback for Tana Ridge and Parkview Estates: Resolution No. 2009-032 Kyle Klatt, Planning Director, reported the City Council is being asked to consider Resolution No. 2009-032 which would establish a lesser buffer setback for the Tana Ridge and Parkview Estates developments. Klatt provided the Council with a map of Tana Ridge, which is 660 feet wide and borders two rural parcels, and open space from another housing development. An interpretation of the 200-foot setback required would limit the neighborhoods buildable areas to a 260-foot strip of land in its center. Maps were provided of other OP developments approved within the last ten years; Farms of Lake Elmo, Parkview Estates and St. Croix’s Sanctuary. All had several structures inside the 200-foot buffer zone. If the setback were applied to future permit applications, it would render 14 of Sanctuary’s 38 vacant lots unbuildable. Council Member DeLapp said it was never the Council’s intent to retroactively apply new standards to previously approved developments. MOTION: Council Member Emmons moved to approve Resolution No. 2009-032 reducing the 200-foot buffer setback in Tana Ridge and Parkview Estates developments from 200 feet to 50 feet, with the exception of Lot 9, Block 5, Parkview Estates will have a 20 foot setback from the Lake Elmo Regional Park Reserve. Council Member DeLapp seconded the motion. The motion passed 4-0. Appeal hearing on denial of a building permit application for an in-ground pool structure due to encroachment in 200 buffer setback at 4884 Lily Avenue; Joe Pelletier, Resolution No. 2009-030 Joe Pelletier withdrew his appeal of the City’s building permit decision which was made moot by the setback requirements in Resolution No. 2009-033.