10-02-90 CCM - Laserfiche WebLink

Home Browse Search

Lake Elmo Planning Commission Minutes October 8, 1990 Page 2 Chairman DeLapp suggested the Commission look at Ordinance Code 502.070 C. page 502-2 and 302.030 page 302-2 and the zoning of the property as the only three items to be considered. Commissioner Johnson directed the Chairman's attention to page 301-74 & 75 of the code book which contradicts Jim McNamara's written statement that there are no other dwelling units on the property and no variances are necessary, and in Commissioner Johnson's interpretation of this code a variance would be required. Chairman DeLapp interpreted in a recent phone conversation with Jim McNamara, City Building Inspector, that there is a state statute that will override our Ordinance. The Commission suggested that this be verified and brought to the City Council's attention. Administrator Kueffner asked that the Commission also consider what the proposed use is exactly. If it is going to be used as a business operation, is this allowed in RR zoning district or should this land be reclassified as Agricultural? The point being that if Mogren occasionally sells sod at the site to homeowners retail, by code, this is allowed in the Agricultural Zone and not the Rural Residential Zone regardless of how many acres owned, but a Conditional'Use permit could be issued if re -zoned to Ag. Chairman DeLapp made a list of conditions that this request does not meet: (1) not part of a Manufactured Park, (2) Need verifcation that site meets zoning district requirements (zoned RR), (3) does not meet code 301.030 O. Commissioner Johnson suggested that the Commission get a legal opinion on this in order to base a decision. Chairman DeLapp suggested another alternative would be to state the Commissions findings and concerns and then pass this onto the City Council without making any recommendations. Vice -Chairman John suggested the Commission report to the City Council the following facts: (1) the property is currently zoned RR, yet the site plan of the proposed area is only 5 acres, (2) If the land were to be re -zoned Agricultural the dwelling could be considered a farm dwelling, but this would require re -zoning, (3) the Ordinances covering temporary farm dwellings prohibits the proposed use as a temporary dwelling. Commissioner Stevens stated the consensus seems to be that the Commission would like to enable Mr. Mogren to have a watchman on his property and suggested the Commission request a legal opinion as to what conditions will enable Mr. Mogren to do this. M/S/P Enes/Conlin - to recommend to the City Council the following: (1) Ordinance code 502.070 C. (page 502-2) the structures current use will not be a detriment to the area,