Loading...
HomeMy WebLinkAboutCC 7-06-2010 Home Occupation PC Minutes City of Lake Elmo Planning Commission Meeting Minutes of June 28, 2010 Vice Chair Fliflet called to order the meeting of the Lake Elmo Planning Commission at 7:00 p.m. COMMISSIONERS PRESENT: Bidon, Britz, Fliflet, Hall, Pearson, Pelletier, Williams, and Ziertman. Absent: McGinnis, Van Erem and Van Zandt. STAFF PRESENT: City Administrator Messelt, City Attorney _____, Attorney _______, Attorney ________, Planning Director Klatt, Planner Matzek, and Planning Intern Bailey. Agenda M/S/P, Hall/Williams, move to approve the agenda as presented. Vote: 8:0. Minutes – May 10, 2010 Commissioner Hall asked for Mr. Freeman’s statement on page four to be clarified. M/S/P, Williams/Pearson, move to approve the minutes as revised. Vote: #:0. Abstained: Public Hearing – Home Occupation Ordinance Planning Intern Bailey gave the history on the evolution of the proposed ordinance and explained the ordinance changes from the last time the commission reviewed the ordinance. She identified typos previously presented to her by Commissioner Williams. Commissioner Williams asked how a wayside stand would be reviewed in relation to the home occupation ordinance. Planning Intern Bailey said the ordinance would explicitly exclude wayside stands. Vice Chair Fliflet asked to have the end of the sentence striken in the garage sale definition so it wouldn’t be repetitive and the meaning wouldn’t change. She asked how holiday boutiques would fit into the definition of garage sales. Commissioner Pelletier suggested private parties such as candle parties should not be limited to twice a year like a public garage sale. She asked what the previous discussion was regarding limiting storage for home occupations. Planning Intern Bailey said the commission had discussed it at length at a past meeting and the majority of the commission voted to not regulate the amount of storage allowed. THE VICE CHAIR OPENED THE PUBLIC HEARING AT 7:26 P.M. No one spoke. THE VICE CHAIR CLOSED THE PUBLIC HEARING AT 7:27 P.M. Commissioner Pearson asked if renters should be allowed to conduct a home occupation. 2 Planning Director Klatt suggested requiring the property owner to sign the application form. M/F, Williams moved to approved the draft including the corrections in subdivision five where additional language should be added requiring a property owner’s signature on a home occupation permit. Motion failed for a second. Commissioner Ziertman suggested hours of operation are added to the ordinance. A straw vote was taken and a majority voted for 7 a.m. to 10 p.m. seven days a week. Vice Chair Fliflet asked that the following language be added to the exception section: “This ordinance does not pertain to licensed day care facilities as they are licensed by the State.” Commissioner Ziertman asked if the code regulated the type or size of vehicles allowed in residential areas. Planning Director Klatt stated that the specific section of code could be referenced in the home occupation ordinance. Commissioner Pelletier said she is uneasy about not regulation the amount and location of storage associated with a home based business. A straw vote was held in favor of the currently drafted wording regarding storage. Six commissioners were for leaving the text as written. Two opposed: Ziertman and Pelletier. Commissioner Ziertman suggested taking out “seasonal goods” from the definition. A straw vote was taken and a majority voted in favor of creating a second definition and removing “seasonal goods” from the garage sale definition. Commissioner Hall suggested the sales could be defined as public and private with different requirements. He said public sales, like garage sales, could be allowed twice a year for three days each whereas private sales, like a Mary Kay party, could be unlimited. M/S/P, move to recommend approval of the ordinance as amended with the understanding that staff will circulate potential rewording of the definitions. Pelletier suggested a friendly amendment that the straw votes and discussion of the commission on the topic be passed along to the City Council. Vote: 8:1. Ziertman against as she believes it is a mistake not to regulate the storage size.