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LAKE ELMO CITY COUNCIL MINUTES MARCH 4, 1996 6 i Christ Lutheran Church, 11194 36th St. N, is requesting remodeling of the Church building to better meet the needs of the elderly and the guidelines of the American Disabilities Act with the installation of an elevator, handicapped bathroom, nursery and creates space and functional problems necessitating a second story addition. The existing bell tower is in need of repair and will be replaced by a like tower. Mayor John opened up the public hearing at 10:30 p.m. in the Council chambers. There was no one to speak for or against the variance request. Mayor John closed the public hearing at 10:31 p.m M/S/P Johnston/Hunt - to grant the variance to side yard setback request by Christ Lutheran Church based on the five findings in the March 4,1996 staff report including the requirement by the City Engineer to review the existing septic facility as it relates to the expansion of the church. (Motion passed 4-0). M/S/P DeLapp/Hunt - to approve the site and plan review of the proposed addition for Christ Lutheran Church and including the letter from TKDA, dated February 20, 1996. (Motion passed 4-0). C. Recommendation from Planning Commission on Agricultural zoning regulations The Planning Commission recently received a draft ordinance that would incorporate storage, among other things, into the Ag zoning district by Conditional Use Permit. After reviewing the ordinance, the PZ referred it to the Ag Use Subcommittee so that standards could govern the proposed uses. The Commission did not initiate a public hearing to consider the draft amendment. Councilman Hunt asked if there is any desire by the Council to make the two existing Alternate Ag non- conforming uses legal conforming uses as long as the entire open space and uses are directly tied together so when the open space goes away, the use goes away. There were discussions by the PZ on the problems with storage, limitations and use of the sunset clause. Mayor John stated there are only five properties in the City that are more than 40 acres in size that are zoned agricultural and within those areas, you could have a portion of that property for a commercial venture. The following comments were submitted by Mayor John on the proposed Agricultural Draft Ordinance: 1) Repeat the problems of the Alternate Ag Ordinance, 2) Establishes commercial operation in districts not zoned Commercial. Most uses listed are already permitted. 3) Permits enterprises not now allowed in other commercial or limited business zones, 4) Under a CUP, the enterprise can continue indefinitely, and 5) The State, by tax benefits, already strongly supports the farmer. The CUP confers minimal additional benefit to the City. M/S/P HunUDeLapp - that the Ag Use Subcommittee be directed to refocus their efforts on solving existing non -conforming uses rather than on its expanded charter that it adopted for itself. (Motion passed 3-1:John:In the absence of anything specific, he can't go along with that. The Ag Use Subcommittee was trying to do this about nine months ago and got sidetracked. This motion is no more than what the committee was instructed before). D. Armstrong request for expansion of Conditional Use Permit The Council received a memo, dated March 4, 1996, from the City Administrator regarding the Armstrong Conditional Use Permit, site plan and proposed conditional use permit amendment. Tom Armstrong felt it would be inconsistent that the City is willing to accept a 50% sacrifice for open space in the proposed residential ordinance, but that for a low impact commercial use, which is subject to ifar more restricted standards than the maintenance facility which is going to be in an Ag area, the City finds it totally unacceptable when this commercial use would preserve 96% open space.