HomeMy WebLinkAboutComplete Palmquist IUP TI IC-, CITY OF
LAKE ELM(
MAYOR AND COUNCIL COMMUNICATION
DATE: 3/1/2016
REGULAR
ITEM #:
MOTION
AGENDA ITEM: Interim Use Permit for a Commercial Wedding Ceremony Venue
SUBMITTED BY: Stephen Wensman,Planning Director
THROUGH: Clark Schroeder
REVIEWED BY: Clark Schroeder
SUGGESTED ORDER OF BUSINESS:
- Introduction of Item................................................................................................... Staff
- Report/Presentation................................................................................................... Staff
Questions from Council to Staff............................................................Mayor Facilitates
- Public Input, if Appropriate...................................................................Mayor Facilitates
- Call for Motion..............................................................................Mayor&City Council
- Discussion......................................................................................Mayor&City Council
- Action on Motion ..................................................................................Mayor Facilitates
SUMMARY AND ACTION REOUESTED:
Carol Palmquist is requesting approval of a 10-year Interim Use Permit to establish a Commercial Wedding
Ceremony Venue to be located at 12202 55"1 Street N. Staff and the Planning Commission recommend
approval a 5-year Interim Use Permit with conditions with the following motion:
"Move to approve Resolution 2016-13 granting a 5-year Interim Use Permit for a Commercial
Wedding Ceremony Venue with 13 conditions".
BACKGROUND AND STAFF REPORT:
Carol Palmquist is requesting approval of a 10-year Interim Use Permit to establish a Commercial Wedding
Ceremony Venue on her residential property located at 12202 55th Street N. On February 16, 2016, the
City Council approved an amendment to the Commercial Wedding Ceremony Venue ordinance to allowed
the venues as an accessory use with an interim use pen-nit in the A—Agriculture, RT—Rural Transitional,
and RR-Rural Residential zoning districts on parcels 10 acres in size or greater, increased the allowed
number of venues to no more than four per week,no more than 2 per day,requires an operator or responsible
designee be on the premises for the duration of each event, and exempts applicants from the commercial
parking and curbing requirements of Section 154.210. On February 22, 2016, the Planning Commission
held a public hearing. At the public hearing, three residents spoke on the item. One spoke in favor of the
item and the two others expressed concerns about noise, environmental concerns, and the city's poor
maintenance of the road.Of those that spoke,none were opposed to the proposal.The Planning Commission
discussed primarily focused on the duration of the interim use permit,and the issues of noise and emergency
vehicle access requirements. The Planning Commission recommended approval of a 5-year Interim Use
Permit with 13 conditions.
CONDITIONS OF APPROVAL:
On February 22, 2016, City Staff had presented 10 conditions of approval in the Staff report. The
Planning Commission amended conditions 2 and 6, and added three additional conditions
(underlined). The recommended conditions of approval are:
1) That a parking attendant be on site to assist with cars arriving and exiting the site for
each wedding ceremony event.
2) That the access driveway be 18' wide and designed to a 7 ton standard to accommodate
emergency service vehicles to the northerly extent of the parking area, or that the access
driveway be 18' wide, designed to the 7 ton standard to the edge of the field and that the
adjacent private drive remain clear during venues for emergency service vehicles.
3) That accessible parking be provided and signed as handicapped parking with an
accessible path connecting the sanitary facilities and the public assembly area.
4) That the applicant maintains compliance with all applicable City Code standards for the
duration of the interim use.
5) That the applicant enters into a consent agreement with the City in accordance with
Section 154.107 of the City Code.
6) That the interim use is valid for a period of 4en five years and must be renewed by the
City Council prior to the end of this time period in order to continue operating from the
site.
7) The applicant/owner shall comply with Minnesota 1300.0190 for temporary structures
and uses. Building permit and inspection will be required.
• Temporary structure installer is required to submit a complete plan from the
manufacture for installation including tie down instructions that conform to the 90
MPH wind loading in the Minnesota State Building Code.
8) Applicant must comply with all applicable requirements of the MN State Fire Code:
• Chapter 24, "Tents, Canopies and other Membrane Structures of the 2007
Minnesota Fire Code.
• Section 503, "fire Apparatus Access Roads", of the 2007 Fire Code.
• Section 906, "Portable Fire Extinguishers", of the 2007 Fire Code.
9) That the applicant/owner maintain a contract to supply and maintain (4)temporary
sanitary facilities while in operation and that at least one temporary sanitary facility be
handicapped accessible and placed on an accessible route.
10)Any Portable power/ generators/Heaters or other like equipment shall be
placed/installed in accordance with the manufacture installation instructions and the
applicable codes.
11)Applicant enter into a maintenance agreement with the City to maintain 55th Street west
of Marquess Trail to the applicant's field road through the term of the Interim Use
Permit
12)Submit an erosion control plan with any extension of the gravel entrance road.
13)Submit the results of an instrumented measurement of sound at the east and west
property lines at the wedding ceremony site to demonstrate compliance with the City's
noise ordinance.
REQUIRED FINDINGS:
An interim use permit may be granted only if the City Council finds as follows:
1. The use is allowed as an interim use in the respective zoning district and conforms to
standard zoning regulations.
2. The use will not adversely impact nearby properties through nuisance, noise, traffic, dust,
or unsightliness and will not otherwise adversely impact the health, safety, and welfare of
the community.
3. The use will not adversely impact implementation of the Comprehensive Plan.
4. The user agrees to all conditions that the City Council deems appropriate to establish the
interim use. This may include the requirement of appropriate financial surety such as a
letter of credit or other security acceptable to the City to cover the cost of removing the
interim use and any interim structures not currently existing on the site, upon the
expiration of the interim use permit.
5. There are no delinquent property taxes, special assessments, interest, or city utility fees
due upon the subject parcel.
6. The date or event terminating the interim use shall be set by the City Council at the time
of approval.
Staff and the Planning Commission believe the application meets each of the above listed
findings.
RECOMMENDATION:
Staff and the Planning Commission recommend approval a 5-year Interim Use Pen-nit with conditions with
the following motion:
"Move to approve Resolution 2016-13 granting a 5-year Interim Use Permit for a Commercial
Wedding Ceremony Venue with 13 conditions".
ATTACHMENT(S):
• Commercial Wedding Ceremony Venue Ordinance
• 2/22/16 Planning Commission Minutes
CITY OF LAKE ELMO
WASHINGTON COUNTY
STATE OF MINNESOTA
RESOLUTION NO. 2016-13
A RESOL UTION APPRO VING AN INTERIM USE PERMIT FOR CAROL PALMQUIST TO
ESTABLISHA COMMERCIAL WEDDING CEREMONY VENUE AT 12202 55TH STREET N.
WHEREAS, the City of Lake Elmo has approved a Commercial Wedding Ceremony
Venue ordinance on 2/21/13; and
WHEREAS, the Commercial Wedding Ceremony Venue ordinance was amended on
5/6/14, and on 3/19/16; and
WHEREAS, the applicant, Carol Palmquist, residing at 12202 551" Street N, applied for
an Interim Use Permit to establish a Commercial Wedding Ceremony Venue as an accessory use
on her property; and
WHEREAS,the Planning Commission held a public hearing on February 22, 2016; and
WHEREAS,the Planning Commission found the proposed Interim Use adequately
conforms to the following findings of fact:
1) The use is allowed as an interim use in the respective zoning district and conforms to
standard zoning regulations.
2) The use will not adversely impact nearby properties through nuisance, noise, traffic, dust,
or unsightliness and will not otherwise adversely impact the health, safety, and welfare of
the community.
3) The use will not adversely impact implementation of the Comprehensive Plan.
4) The date or event that will terminate the use is identified with certainty. The applicant
has specified in the application materials that the use will terminate once the property is
sold or developed under future zoning.
5) The applicant has signed a consent agreement agreeing that the applicant, owner,
operator,tenant and/or user has no entitlement to future reapproval of the interim use
permit as well as agreeing that the interim use will not impose additional costs on the
public if it is necessary for the public to fully or partially take the property in the future.
6) The user agrees to all conditions that the City Council deems appropriate for permission of
the use including the requirement of appropriate financial surety to cover the cost of
removing the interim use and any interim structures upon the expiration of the interim use
permit.
7) There are no delinquent property taxes,special assessments,interest, or city utility fees due
upon the subject parcel; and
Resolution 2016-13
WHEREAS, on February 22, 2016, the Planning Commission recommended the City
Council approve the Interim Use Permit with 13 conditions; and
NOW,THEREFORE,BE IT RESOLVED THAT the City Council does hereby approve
the five year Interim Use Permit to establish a Commercial Wedding Ceremony Venue at 12202
55`h Street N with the following conditions:
1) That a parking attendant be on site to assist with cars arriving and exiting the site for
each wedding ceremony event.
2) That the access driveway be 18' wide and designed to a 7 ton standard to accommodate
emergency service vehicles to the northerly extent of the parking area, or that the access
driveway be 18' wide, designed to the 7 ton standard to the edge of the field and that the
adjacent private drive remain clear during venues for emergency service vehicles.
3) That accessible parking be provided and signed as handicapped parking with an
accessible path connecting the sanitary facilities and the public assembly area.
4) That the applicant maintains compliance with all applicable City Code standards for the
duration of the interim use.
5) That the applicant enters into a consent agreement with the City in accordance with
Section 154.107 of the City Code.
6) That the interim use is valid for a period of wen five years and must be renewed by the
City Council prior to the end of this time period in order to continue operating from the
site.
7) The applicant/owner shall comply with Minnesota 1300.0190 for temporary structures
and uses. Building permit and inspection will be required.
• Temporary structure installer is required to submit a complete plan from the
manufacture for installation including tie down instructions that conform to the 90
MPH wind loading in the Minnesota State Building Code.
8) Applicant must comply with all applicable requirements of the MN State Fire Code:
• Chapter 24, "Tents, Canopies and other Membrane Structures of the 2007
Minnesota Fire Code.
• Section 503, "fire Apparatus Access Roads", of the 2007 Fire Code.
• Section 906, "Portable Fire Extinguishers", of the 2007 Fire Code.
9) That the applicant/owner maintain a contract to supply and maintain(4)temporary
sanitary facilities while in operation and that at least one temporary sanitary facility be
handicapped accessible and placed on an accessible route.
10)Any Portable power/generators/Heaters or other like equipment shall be
placed/installed in accordance with the manufacture installation instructions and the
applicable codes.
11)Applicant enter into a maintenance agreement with the City to maintain 55th Street west
of Marquess Trail to the applicant's field road through the term of the Interim Use
Permit
Resolution 2016-13
12)Submit an erosion control plan with any extension of the gravel entrance road.
13)Submit the results of an instrumented measurement of sound at the east and west
property lines at the wedding ceremony site to demonstrate compliance with the City's
noise ordinance.
This resolution was adopted by the City Council of the City of Lake Elmo on this _ day of
, 2016.
Mike Pearson, Mayor
ATTEST:
Julie Johnson, City Clerk
Resolution 2016-13
LAKE ELMO
City of Lake Elmo
Planning Commission Meeting
Minutes of February 22, 2016
Chairman Kreimer called to order the meeting of the Lake Elmo Planning Commission at
7:00 p.m.
COMMISSIONERS PRESENT: Haggard, Kreimer, Dunn, Larson, Griffin, Lundquist and
Williams.
COMMISSIONERS ABSENT: Fields & Dodson
STAFF PRESENT: Planning Director Wensman
Approve Agenda:
The agenda was accepted as amended.
Approve Minutes: January 11, 2016
M/S/P: Williams/Kreimer move to postpone consideration of the January 11, 2016
minutes until clarification of the vote on the November 23, 2015 minutes is brought
forward, Vote: 7-0, motion carried unanimously.
Public Hearing Interim Use Permit Application—Commercial Wedding Ceremony.
Wensman started his presentation regarding the Palmquist Commercial Wedding
Ceremony Venue. This request is for a 10 year interim use permit on an agricultural
property at 12202 55th Street N. The applicant is requesting wedding ceremonies
adjacent to the vineyard with turf parking. There would be 3-4 employees and up to
200 guests. There would be up to 4 events per week from May— October, with no more
than 3 venues on any Saturday. Hours would be 10 am — 10 pm. The noise ordinance
would be complied with and there would be a traffic attendant during venues. There
will be trash receptacles and temporary tents that comply with code.
Access from the site would be off of 55th Street. 55th street becomes a gravel drive after
Carriage Station. The engineer is concerned about long term maintenance. There are a
couple of options 1) there could be a maintenance agreement or 2) they could require a
paved cul-de-sac and assess the improvements. All activites will be taking place in an
open field. There is no structure being used in this case, however, there would need to
be restroom facilities. Staff is recommending approval with 12 conditions.
Lake Elmo Planning Commission Minutes; 2-22-16
2
Williams asked about the tent. The ordinance states that it has to be taken down within
72 hours of the event. Based on the comment of the Building Official, will they need a
permit each time a tent is put up. Wensman stated that yes they would.
Dunn asked about the storm water management plan. Wensman stated that the City is
requiring upgrades to the driveway for safety purposes. Williams asked if there is a turn
around. Wensman stated that there is not a structure and it is not as difficult of an
entry.
Carol Palmquist, 12202 55th Street, is the applicant and stated that she has maintained
the gravel road. She is not prepared to pay the assessment for a paved road or a cul-de-
sac.
Kreimer asked why she is asking for 10 years for the IUP. Palmquist stated that she is
asking for 10 years as she has additional expense to get the business off the ground.
Griffin asked about the field road. She is wondering how far it will go into the property
and how wide it will be.
Public Hearing opened at 7:38 pm.
Chip Longacre, 12058 55" Street N, is dismayed that it is being made so difficult for Ms.
Palmquist to make a little money from her property. The City has done a poor job of
maintaining the gravel road in front of property.
Carolyn Cary, 5201 Linden Ave, wants the Cityto understand how to abate the noise.
There are a number of environmental issues that have an impact.
Donna Sloan, 12208 Marquess Lane, she does not have a problem with this venue as
long as it complies with the sound, traffic, and other issues. She would like to know
what happens if it does not comply.
Wensman stated that if there is a problem, the City woud contact Ms. Palmquist to
bring it into compliance. If there is a chronic problem, staff would document that and
take appropriate steps to revoke the permit.
There were no electronic or written comments.
Public Hearing closed at 7:49 pm.
Dunn does not think that the paved 7 ton road is necessary as her driveway is paved.
She would like to see condition #2 removed. She is in support of this application.
Lake Elmo Planning Commission Minutes; 2-22-16
3
Lundquist is concerned about the road and the path. She thinks there should be a
condition that rectifies the problem. She is concerned that people coming to this venue
will come up Manning.
Haggard wants to make sure that the street is safe and maintained. As far as the
financial aspect, that is for the Council to decide. She is in support of this application.
She would like to see number 4 include "responsible designee".
Williams is concerned about#6 stating for 10 years. He does not think the expenses
mentioned relate to the length of the permit. He would like to see it be S years which
would give the City the opportunity to review the wedding venue.
Williams thinks there needs to be a maintenance agreement, but what that is, is up to
the City Council. He would also like to add a condition that the applicant submit a
report regarding the noise levels.
Williams would like to see condition #2 remain as the applicant does not intend to use
her primary driveway for the venue.
Lundquist stated that driving a fire truck or an emergency vehicle on a gravel driveway
or field, is no different than driving on them at the county fair grounds.
Williams thinks that since this is a commercial application, we should stick to the
commercial standards.
Griffin thinks it makes more sense to use the homeowner driveway for emergency
access and then use a gate to the venue.
Wensman stated that he would be comfortable with the field road entrance at 18' wide
and designed to a 7 ton standard and that the regular driveway be for emergency access
and that the main driveway remain clear during all events.
The Commission would like Chief Malmquist to look at the driveway prior to this going
to the City Council.
Move to amend condition #2 to read that the access road be 18 feet wide and be to a 7
ton standard to accommodate emergency vehicles to the northernly area of the parking
area or that the private drive remain clear during the venue, Vote: 7-0, motion carried,
unanimously.
Move to amend condition #6 to read "The interim use is valid for a period of five years
and must be renewed by the City Council prior to the end of this time period in order to
continue operating from the site", Vote: 7-0, motion carried, unanimously.
Lake Elmo Planning Commission Minutes; 2-22-16
4
Move to add condition number 11 that would be to enter into a maintenance
agreement with the City regarding the maintenance of the road only through the term
of the interim use, Vote: 7-0 motion carried, unanimously.
Move to add condition number 12, to require an erosion control plan with any
extension of the gravel entrance road, Vote: 7-0, motion carried unanimously.
Move to add a condition 13 that the applicant is required to submit the results of an
instumented measurement of sound at the east and west property lines at the wedding
ceremony site to demonstrate compliance with the City's noise ordinance, vote: 7-0,
motion carried unanimously.
M/S/P: Williams/Griffin, move to recommend approval of the Interim Use Permit for a
commercial wedding venue based on the finding of facts in the staff report and with the
13 conditions of approval as discussed, Vote:7-0, motion carried unanimously.
Public Hearing—Open Space Development— Legends of Lake Elmo
Wensman started his presentation by showing the location of this development and
presenting some of the background information from previous meetings. With the
current plan, there are 40 lots and there are 5 outlots that are platted as ghost lots.
These are held in reserve in case of ordinance change and will be held in reserve for
future development. Staff is recommending that the 5 outlots be platted as one outlot
as we do not know what will happen in the future and they will need to be replatted
anyway.
A big discussion is the interconnectivity of neighborhoods for safety. Currently
Sanctuary only has one access. The future of signalization at 501h Street and Manning is
dependent on connectivity of neighborhoods. The County has made it clear that if the
City does not have interconnected neighborhoods, they will not invest in signalization.
There was a new plan for the development submitted today that is in reponse to
negotioations with the Heckers. Nothing has been finalized, as those negotiations are
ongoing. Those negotiations include agreeing to screening to the north of the Hecker
property and access management on 50th Street for driveway access to the Legends
entrance. There is no park shown on this plan to connect to the Sanctuary Park as the
slopes are high. There are 5 standards for open space in this type of development.
There should be conservation easements, contiguous parcels not less than 10 acres
(60% must meet this standard), maintained for the purposes for which it is set aside,
maintained by the HOA and contiguous with adjacent open space. Buffering is still an
issue to the Hecker parcel. The road and 3 parcels violate this setback. This is not fully
resolved with the Heckers. This can be waived by 4/5 vote of the Council.
Lake Elmo Planning Commission Minutes; 2-22-16
Ti I CITY OF PLANNING COMMISSION
LAKE ELMO DATE:2/22/2016
AGENDA ITEM: 4c-PUBLIC HEARING
CASE#2016-04
City of Lake Elmo Planning Department
Interim Use Permit Request: Commercial Wedding Ceremony Venue
To: Planning Commission
From: Stephen Wensman, City Planner
Meeting Date: February 22, 2016
Applicant: Carol Palmquist
Owner: Carol Palmquist
Zoning: A- Agriculture
Suggested Order of Business
- Introduction..............................................................................................Planning Staff
- Report by Staff.........................................................................................Planning Staff
- Questions from the Commission...................................Chair&Commission Members
- Open the Public Hearing........................................................................................ Chair
- Continue the Public Hearing to the
February 8, 2016 meeting date...............................................................................Chair
- Discussion by the Commission.....................................Chair& Commission Members
Introductory Information
Requested The applicant is requesting approval of a 10 year Interim Use Permit to establish a
Permit: commercial wedding ceremony venue on an Agricultural property located at 12202 551h
St. N.
Application The requested interim use would allow a commercial wedding ceremony venue to be
Summary: established on a 10.26 acre agricultural property located at 12202 551h St. N with the
PID: 06.029.20.23.0006
The application details include the following:
PUBLIC HEARING ITEM 4a—ACTION ITEM
2
Type of business: Commercial wedding ceremony venue.
On-Site Activity: wedding ceremonies in a vineyard with turf parking.
Employees: 3-4 part time (estimated).
Proposed number of guests: Up to 200.
Use Frequency: 4 times per week, maximum, from May through October with
a maximum 3 hour duration for any single ceremony.
Hours of operation: 10 am— 10 pm.
Attachments: Commercial Wedding Ceremony Venue Ordinance.
Applications submittal: Written Statement, Proposal letter, Site Plan.
Building Official Memo dated 2/3/16.
Fire Chief Memo dated 2/3/16
Findings & General Site Overview
Site Data: Lot Size: 10.26 acres
Existing Use: Residential/Agricultural
Existing Zoning: Agricultural
Property Identification Number (PID): 06.029.20.23.0006
The proposed commercial wedding venue site is part of a 120 acre farm originally
homesteaded by George Schindler. The site was farmed continuously until 1981 when
it was subdivided and sold. In 1983, the Palmers purchased 10.26 acres of the farm,
constructed a house and planted a small vineyard.
Proposal The applicant is requesting a 10 year Interim Use Permit. Over the years, many people
Review. have asked the Palmers to hold wedding events on their property. Carol Palmer was
the inspiration for the Commercial Wedding Venue Ordinance.
Minimum Criteria:
Under the ordinance, commercial wedding ceremony venues are an interim accessory
use in the Agriculture zoning district on parcels 10 acres and greater. The site has the
capacity to accommodate the use without altering its rural characteristics and will not
affect the health, safety and welfare of the community. The proposed ceremonies will
be held adjacent to the vineyard in an open field with good drainage. The open field
will also accommodate the proposed parking that has easy access off of 55t1i Street N.
551h Street North is only accessible from Manning Avenue, so the impact on local
roads and neighbors is minimal.
PUBLIC HEARING ITEM 4c—ACTION ITEM
3
Adjacent Land Uses:
The proposal is an agricultural property of 10.26 acres in size which is surrounded by
residential homes on three sides and commercial on the east. To assist in the
evaluation of the proposal, staff has provided the approximate distance between the
proposed field area for the venue to adjacent residential homes.
North: residential home approximately 800 ft. away.
South: residential homes, nearest approximately 450 ft. away.
West: residential home, approximately 500 ft. away.
East: commercial businesses.
Noise:
The owner will comply with the City's noise ordinance. The applicant will be
purchasing a sound system for the venue and has the ability to cap the sound level.
The applicant will enforce noise restrictions with the contractual agreement with
customers and through use of posted signs. An existing stand of 20-40 foot Norway
Pine trees surrounding the property will also provide a natural sound barrier.
Access/Traffic:
The applicant proposes utilizing the existing gravel field entrance off of 55th Street N
to access the venue. The proposed parking area is on the open grass field parallel to
55tb Street. The proximity to 55th Street will provide adequate emergency vehicle
access. City Staff recommends that the access from 55`b Street be at least 18' wide and
designed to a 7 ton standard to accommodate emergency service vehicles to northerly
extent of the parking area.
The applicant proposes to employ an attendant for each venue to direct traffic and to
organize entering and exiting traffic. Temporary signs will also be used to guide
traffic and to caution the 55`b Street N trail users. 55tb Street N is only accessible from
Manning Avenue to the east, so there will be minimal impact on local streets or traffic.
Parking:
The performance standards for commercial wedding venues require parking to be 100'
from residential property lines. The grass field parking easily meets this criterion.
On February 16, 2016,the Commercial Wedding Ceremony Venue ordinance was
amended exempting such venues from the commercial parking lot surfacing and
curbing requirements. The turf parking complies with the code requirements.
There are no accessible facilities proposed and none required by City Code.
Sanitary Facilities:
The applicant is proposing to use rented sanitation facilities (port-a-potties).
According to Building Code, assembly for 200 guests would require 4 sanitary
facilities of which one is required to be handicap accessible with an accessible path.
Lighting:
PUBLIC HEARING ITEM 4c—ACTION ITEM
4
No site lighting has been proposed, but the applicant has stated that they will comply
with city lighting regulations.
Buffering:
An existing 20-40 foot stand of Norway Pines surround field on the east and west
sides buffering the use from adjacent residential properties.
Temporary Tents:
The applicant may utilize temporary tents with venues. The MN State Fire and
Building Code have specific requirements for such structures. The City Fire Chief and
Building Official have provided review comments (attached) which are recommended
conditions of approval.
Required Findin s:
In order for the City Council to approve the interim use permit, six findings must be
met. Staff has listed each of the findings with comments in bold italics:
1) The use is allowed as an interim use in the respective zoning district and
conforms to standard zoning regulations. In conformance with zoning
regulations
2) The use will not adversely impact nearby properties through nuisance, noise,
traffic, dust, or unsightliness and will not otherwise adversely impact the
health, safety, and welfare of the community. The site is located on a dead-
end street accessible from a Manning. The impact to the neighborhood will
be negligible.
3) The use will not adversely impact implementation of the Comprehensive Plan.
The improvements respect the rurallagricultural nature of the area and
zoning district. The use is accessory to the principle residential use.
4) The date or event that will terminate the use is identified with certainty. The
applicant has specified in the application materials that the use will terminate
once the property is sold or developed under future zoning. Staff is
recommending a termination date of ten years from the date of approval
5) The applicant has signed a consent agreement agreeing that the applicant,
owner, operator, tenant and/or user has no entitlement to future reapproval of
the interim use permit as well as agreeing that the interim use will not impose
additional costs on the public if it is necessary for the public to fully or
partially take the property in the future. A consent agreement will need to be
approved by the City Council as a condition of approval.
6) The user agrees to all conditions that the City Council deems appropriate for
permission of the use including the requirement of appropriate financial surety
to cover the cost of removing the interim use and any interim structures upon
the expiration of the interim use permit. This item can also be addressed as
part of a consent agreement with the City.
PUBLIC HEARING ITEM 4c—ACTION ITEM
5
7) There are no delinquent property taxes, special assessments, interest, or city
utility fees due upon the subject parcel.
Recommendation:
Conditions: Based on a review of the applicable code sections, Staff is recommending that the
Planning Commission recommend approval of the interim use permit based on the
following:
1) That a parking attendant be on site to assist with cars arriving and exiting the
site for each wedding ceremony event.
2) That the access driveway be 18' wide and designed to a 7 ton standard to
accommodate emergency service vehicles to the northerly extent of the
parking area.
3) That accessible parking be provided and signed as handicapped parking with
an accessible path connecting the sanitary facilities and the public assembly
area.
4) That the applicant maintains compliance with all applicable City Code
standards for the duration of the interim use.
5) That the applicant enters into a consent agreement with the City in accordance
with Section 154.107 of the City Code.
6) That the interim use is valid for a period of ten years and must be renewed by
the City Council prior to the end of this time period in order to continue
operating from the site.
7) The applicant/owner shall comply with Minnesota 1300.0190 for temporary
structures and uses. Building permit and inspection will be required.
• Temporary structure installer is required to submit a complete plan
from the manufacture for installation including tie down instructions
that conform to the 90 MPH wind loading in the Minnesota State
Building Code.
8) Applicant must comply with all applicable requirements of the MN State Fire
Code:
• Chapter 24, "Tents, Canopies and other Membrane Structures of the
2007 Minnesota Fire Code.
• Section 503, "fire Apparatus Access Roads", of the 2007 Fire Code.
• Section 906, "Portable Fire Extinguishers", of the 2007 Fire Code.
9) That the applicant/owner maintain a contract to supply and maintain (4)
temporary sanitary facilities while in operation and that at least one temporary
sanitary facility be handicapped accessible and placed on an accessible route.
PUBLIC HEARING ITEM 4c—ACTION ITEM
6
10)Any Portable power/generators/Heaters or other like equipment shall be
placed/installed in accordance with the manufacture installation instructions
Motion and the applicable codes.
Staff recommends the Planning Commission recommend approval with the following
motion:
"Motion to recommend approval of the interim use permit for a commercial
wedding ceremony venue to be located at 12205 551h Street North with I1
conditions".
PUBLIC HEARING ITEM 4c—ACTION ITEM
1:\KF FI.\IO
-�
To: Stephan Wensman, Planning Director
From: Rick Chase, Building Official
Date: 2/03/2016
Subject: Interim Use permit application (Wedding Ceremonies temporary structure).
Applicant: Carol Palmquist Land Use Review comments request dated 1/29/16
Cursory Review Scope: This review was completed with the following information food and alcohol not
served, temporary structure will be put in place each week an event is scheduled.
1. Based on the occupant load of 200 the required portable sanitary facilities is four. The sanitary
facilities are required to be placed on an accessible route and one is required to be handicap
accessible.
2.Temporary Accessible parking and signage is required.
3.The permit applicant/owner is required to comply with Minnesota 1300.0190 for temporary
structures and uses. Building permit and inspection will be required. (See Attachment)
4.The applicant owner is required to comply with egress requirements in accordance with the Minnesota
State Building Code.
5. Portable power/generators/Heaters or other like equipment will be placed/installed in accordance
with the manufacture installation instructions and the applicable codes.
6. Temporary structure installer is required to submit a complete plan from the manufacture for
installation including tie down instructions that conform to the 90 MPH wind loading in the
Minnesota State Building Code.
Sincerely,
7eick Chase
IeparImOlt CY C'3ai0iny,546"�
Cily ob I-a& elmo
Station #1 Station#2
3510 Laverne Ave. No. 4259 Jamaca Ave. No.
Lake Elmo, MN 55042 FIRE DEPT. Lake Elmo, MN. 55042
651-770-5006651-779-8882
LAKE ELMO FIRE DEPARTMENT
February 3, 2016
Following is my review related to the: "INTERIM USE PERMIT APPLICATION: Carol Palmquist is
requesting an Interim Use Permit to operate a commercial wedding ceremony venue at 11202 551h Street N."
More specifically, items listed under"EVENT SPECIFICATIONS":
A. The number of guests would be set at a maximum of 200 persons
H. Temporary tents or canopies to be used in association with the events would be erected no more than one
day prior to the event and would be removed no more than 72 hours,following the event.
L Off-street parking plan will be indicated on Site Plan. Parking Plan will be incorporated within the client
contractual agreement.
COMMENTS:
• Applicant must be in compliance with Chapter 24, "TENTS, CANOPIES AND OTHER MEMBRANE
STRUCTURES" of the 2007 MINNESOTA FIRE CODE
• Applicant must be in compliance with SECTION 503, 'FIRE APPARATUS ACCESS ROADS"of the
2007 MINNESOTA FIRE CODE
• Applicant must be in compliance with SECTION 906, "PORTABLE FIRE EXTINGUISHERS" of the
2007 MINNESOTA FIRE CODE
• All applicable requirements of the MN State Fire Code.
Applicant will be required to provide a submittal that addresses all code concerns related to the MN Fire Code.
Sincerely,
Greg Malmquist, Fire Chief
"Proudly Serving Neighbors & Friends
I.U.P.
1. Land Use Form: Complete
2. Written statements:
a. Owner of Record
Carol A. Palmquist
12202 55t'Street North
Lake Elmo Minnesota 55042
(65I)439-0428
a. Surveyor:
Barry Stack
9090 Fairy Falls Road
Stillwater, Minnesota 55082
(651)439-5630
a. Designer:
Carol Palmquist
b. Address:
]2202 55a`Street North
Lake Elmo,MN 55042
Zoned Agricultural
10.07 Acres,more or less
PID: 06.029.20.23.0006
Legal Description: That Part of the SW'/4-'/4 DES AS FOLL COM @SW COR SD 14-14 THN NO]
c. History:
Property was originally part of a 120A parcel homesteaded in 1854 by German immigrant, George
Schindler and farmed by same. Schindler family offspring continued dairy and crop farming until 1964
when the Farm was sold. The agricultural tradition continued until 1981 when the Farm was divided and
sold. The original homestead on 24 A, including the barn and granary continued to be used agriculturally.
In 1983, 10.04 A more or less were split off the 24 A. I am the owner of the now 10.07 A more or less,on
which, in 1989, 1 began planting grape vines. Both properties continue in the Agricultural tradition.
d. Proposed Use:
i. Proposal Letter: See Attachment 2.d.i
......ii. Consent Agreement: See Attachment 2.d
e. Justification of Use:
i. Ordinance No. 08-107. Commercial Wedding Ceremony Venues allowable in RT,A and RR
ii. Precautionary measures to mitigate disturbance to neighboring property owners.
1. Noise
a. Owner will purchase sound system for venue use. This enables the owner to control
the volume and limit the sound decibel to 115dB.
b. Owner will enforce noise regulation in the contractual agreement with the client.
c. Owner has in place,mature 20-40' Norway pine trees surrounding venue area which
act as a natural sound barrier.
2. Traffic:
a. Owner will employ and staff minimum of I attendant per each event to direct
traffic. This will control and organize the flow of vehicles as they enter,park and
exit the venue.
b. Owner will post temporary signs indicating driveway,as well as signs to mitigate
speed and encourage caution for pedestrians/pets on the Lake Elmo walking trail and
to enforce noise regulation.
3. Unsightliness:
a. Portable,rented sanitation facilities will be discreetly placed.
b. The entire venue area will remain grass, including parking area. There will be no
Blacktop,gravel or other impervious surfaces in the vineyard or field(venue area).
iii. The use is compatible with the comprehensive plan and supports:
1. Preservation of rural lands
2. Enhancement of community's rural sense of place
iv. Not applicable-Primary residence
v. There are no delinquent property taxes,special assessments,interest,or City utility fees due.
(see Washington County records).
vi. Applicant is requesting Interim Use Permit expiration date of 2025.
F. Attachments:
1. Verification of ownership
2. Address labels
3. To-scale site plan
4. Proposal letter(2.d.i)
5. Consent Agreement(2.d.ii)
CAROL PALMQUIST
INTERIM USE PERMIT APPLICATION
Event Site Plan
• Y
O t to
LEGEND
1.Gate event access 20 ft
2. Parking area 1.65 A
V 3. Event area .47 A
. Vineyard .75 A
5. Teahouse 64 sq ft
�Q' ® r- —• — — — - — (for grandchildren use)
I 6. Screen house 100 sq ft
I ® i
7. Garden shed 150 sq ft
I S. Residence 1344 sq ft
— — — 9. Residence Driveway 734 ft length
10. Screening trees 3U�p il�ruka y f�iiJQS
I � � 11, Screening trees
Total Event Area 2.53 A
Scale 1"=120'
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