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Home My WebLink About5699 Keats Ave Application MaterialsDate Received: 'A Received By \ ; Permit: 651-747-3900 3800 Laverne Avenue North Lake Elmo, MN 55042 LAND USE APPLICATION 0 Comprehensive Plan 0 Zoning District Amend 0 Zoning Text Amend Variance'(see below) 0 Zoning Appeal 0 Conditional Use Perrnit (CUP.) 0 Flood Plain C.U.P. 0 Interim Use Permit (I.U.P.) D Excavating/Grading 0 Lot Line Adjustment 0 Minor Subdivision 0 Residential Subdivision Sketch/Concept Plan o PUD Concept Plan 0 PUD Preliminary Plan 0 PUD Final Plan 0 Wireless Communications Applicant: Address: Phone # Email Address: Fee Owner: Address: Phone # Email Address: Property Location (Address): (C mplete (long) Legal Description: tic Ilev,1 PID#: o a De iled Reason to Request: Variance Requests: As outlined in Section 301.060 C. of h practical difficu 'es before a variancean be granted. Th /Ott. ake Elmo Municipal Code, the applicant must demonstrate I difficulties related to this applic n are as follows: In signing this application, I hereby acknowledge that I have read and fully understand the applicable provisions of the Zoning ordinance and current administrative procedures, irther acknowledge the fee explanation as outlined in the application procedures and hereby agree tpay )ktateme944eceived from the City pertaining to additional application expense. Signature of applicant: Signature of fee owner: Date: Date: ,2 4, 5G99Keats Ave, North Variance Application Information: Written Statements: A, Owners: Rod and Diane Sessino, B� Legal Discription:Section OJTownship OI3Range 02lPTNVVY4 BEING THE SIlI5FTOF THE VVllO0FTOF5DNVVl/4C}FSEC 2EXCEPT THE VV66OFTOFTHE 5825FTTHEREOF' SU8]TD5UB]TOEA5EOVERVV]3FTF(]RKEATSAVEEX[EPT:THE5(}UTH4ODFEET[)F THE EAST 440FEETOFTHE WEST lIOOFEETOFTHE NVV1/4OFSEC 2 Parcel |D#OZ029212]D003 Parcel Size: ll.SAcres or497'375 square feet. Existing use of land. Residential/ Agricultura|(TaxClass will be agricu|tura|s as we nnee the state statute Requirements) Current Zoning: Rural Residential [, The Provisions of the code that we seek a variance from is 154,092 Accessory Building and Structures D� VVeare asking tobuild anadditional 24OO no rty/seeSite Plan). Mchvve currently have I448squnre foot. E | would like to speak to the practical difficulties of the new variance standards, l� Is the variance consistent with the comp plan? Yes Very Much so, Our 2030 comp plan states this: " The following general planning and development policies will guide development inamanner that will allow reasonable growth totake place, while preserving and enhancing the Rural Character and features of Lake Elmo that make the city a unique and desirable community," The comp plan further talks aboutagricu|tura|preservation,"inkeepingvviththegenera|po|iciesenunoberated above, existing operating agricultural uses and qualifying alternative uses that preserve the open space within the community shall be supported. These uses shall be encouraged to continue operations and to retain large land holdings that contribute to operating efficiency. |nkeeping with the general policies enumerated above, the city shall affirmatively establish and pursue specific strategies and seek resources to assist existing agricultural uses in remaining available alternative to urbanization for landowners, consistent with the concept of right to farm, The provision of municipal infrastructure and services to the areas of the city where operating agriculture exists shall not be in a manner that results in an economic or operational disincentive to continue agricultural use of the land." In summary, the Comp plan requires the city to help us keep our farm viable which this new building J Does the p/oposal put the property to use in a reasonable manner? Yes, This isa reasonable use of our property. Farming it is an allowed use in Rural Residential. it is logical that an agricultural use would need a building to store farm equipment and produce and also animals, Every property in RR is allowed a certain size of building for personal property whether they farm or not. It only makes sense that if someone farms and is allowed to farm by the city code and is classified as agricultural by the county, they should bcallowed tnhave anagricultural building, Bystate statute, vve do meet the criteria of agriculture and we are taxed as Agricultural for our |and. The zoning in the city is somewhat random and there are properties zoned RR that should be Ag based on size and AG properties that should be zoned RR based on size. If we look at the future zoning map for our part of the city, all the property whether it is currently AG or RR is all RAID and there was even talk of combining AG and RR into one zoning for performance zoning. | think in our situation it is reasonable to base this decision on the use of our property and not the zone. Also since the city has already o||ovved my neighbor with 10.7 acres of land to be allowed an extra agricultural building of24O0square feet, with less acreage than | have for our land of 11.5 acres, so the rule has been made once already, and at that city council meeting that approve the variance for the Ziertman's, I said I would be back asking for the same rights the council gave the Ziertnnan's, which vvou|6 only be fair toall people, | had slowed down ininagricultural produce due 10 Chuck DiUerudsaying you cannot have retail sales on residential property. So when that happened I slowed down mnthe planting ofproduce and only sold wholesale since then. 3, Will the variance if granted alter the essential character of the neighborhood? No, The proposed building will not beseen from Keats Ave, there is an extensive tree line to the north as well as the neighbors own additional agricultural building will screen from their view from their house. There are other parcels around us that either have more or larger buildings than this size because the existing buildings were not required tobetaken down as the properties go sub -divided. This is a rural portion ofour city and people expect tosee barns and buildings. 4, Are their unique circumstances to the property? Our farm has been around for a long time and is a unique part of the community, It was a part of a larger family farm that was also a pumpkin farm starting in 1972. Without this building we cannot continue with the farm and expand our produce and add animals toour farm. VVe are an integral part of the community and according to the comp plan, the City needs to assist us in remaining viable, especially since the city has already approved one of these buildings an less acreage, which is allowing us the tools by adding the this building to allow us to store more agricultural equipment inside of it instead of outside and also store produce init smitdoes not freeze and also allow ustoadd chicken's and goats toour farm. In addition to the points already made, | would like to make a fpvv more. | would point out that the city has already allowed this to happen on the property that lies to the north of us, who has less acreage than we have. Another point is that currently AG parcels of 40 acres or more can have a 20,000 square foot building in addition to unlimited AG buildings. That would equate to a 5000 square foot building on 10 acres without the unlimited AG buildings. This is less than l% of the total square footage of our property and ispretty insignificant. The character of the neighborhood will not be affected as there are many other lots under 40 acres that have more than the currently allowed size or amount of buildings. We are in the rural port of the city and to the north of us all the way to highway 35 will continue to be open space along with the Zie,tnnan's lO acre parcel which already has an additional AG building on their property which the city approved in 2011 with the RockPointChurch behind us, | would like to mention that all of our produce is grown on site. Therefore we have a lot of equipment and I need more to accommodate our need. Plus we need this to house chickens which we are adding and also milking goats. In the fall our produce needs to be stored inside so it does not freeze along with giving the animals shelter from the cold and also storage ofadditional equipment, The State spends a lot of tax dollars every year for the department of agriculture and Minnesota Grown, which we do, and this helps to ensure that the small farm like ours remain viable. Buy local is Hu8e]! We help to make Lake Elmo Unique and this contributes to our community, We have donated produce to many charity organizations over the years, VVewould like tobeable topreserve our farm tobeable topay itforward toour community. I think our situation is an example of why cities and city officials and league of Minnesota cities fought so hard to get the variance standards changed. Sothat the cities have a much greater say in what is acceptable outside the big box code that is not a one size fits all. Thank you Rodney and Diane 3essing �� ~_ �3 / �� n �+�� _ _ �'� ^^'�� ._=~// 5699 Keats Ave. North, Lake Elmo, MN 55042 Diane and | have enjoyed our farm in planting pumpkins and gourds and squash since we started in 1997. Once we moved over to our property from the original Ziertman farm located on highway 36 and Keats, Our land isanoff shoot ofthe original farmstead, VVealso have expanded byadding 1O0O'sof raspberry plants toour products. Now wewant toexpand our products byadding Chickens and Milking goats, along with more pumpkins and squash and gourds also and organic vegetables, we just need more storage of equipment for this process and We also need to have shelter for the animals thru the winter to keep them warm and safe. We will use part of the new storage building for both of these uses. VVewant tocontinue our produce bvexpanding itand making itmore viable for us, The City of Lake Elmo gave the Ziertman's which has 10.7 acres of land the opportunity to have an additional 2400 square foot building to house their equipment, Now I am asking for the same opportunity that you gave the Ziertman's a few years ago, we own 11.5 acres of land. I believe this should be very easy to justify since our properties are very similar coming off of the same original farm stead although we have .8acres more than the Ziertman's. Now that } have more time | want the same opportunity to increase our production to make it more viable for us to proceed with our farming business, We are among the few surviving farms an smaller acres in Lake Elmo- Please allow us to continue and add more farming to Lake Elmo's history of supporting small farms, Thanks Rod and Diane Sessing 5G99Keats Ave. North Lake Elmo, JIVIN 55042 612'919-4792 Lake Ern) L'-'orr,r,Terherls/veat CITY-WIDE PLANNING FO ICY The foliowing genera] planning and developinent policies will guide deve oprnem in. a rn.anner that will allow reasonable growth 7.0 take place, while preserYing arui crrhancin the rural character and fe.ature,sof I..aike Eirrio that make the City a unique and desirable community: Develop ;and use and infras-tracture plans correspond:a:1J to tlhe 2030 population forecast of 24,000 in. the 2030 Regional Development Framework. 2. Encourage the majority of the new households ereateol in area north o:f.' IV Street North, and outside of the Village ...Area o bc efficiently developed in a rural context in the form of' Open Space Development cluster neighborhoods. 3. Guide. nev,- cobarramitio growth ir. keeplin with the c2.-o (Arr apHi assicnments and decennia] household, population, and employment '.21'2...etS established bv the Memorandum of tadierstar.clintt entered into and the Metropolitan Council January 2U05. LimilMetropolitan ...frbart Service .,Area expansion to the area that can be. served from the Recional Wastewater Interceptors spectried. in the wastewater volumes specified Icy the aforementioned Meritorandaim of tilnderstanding, nistacicid witib a City abonted Staging Plan. Adopt. a NIUSA expansion development Stactinc.P anschieduic that v limit total dninivai it\- household and finalpioyment cro',vrih to a use. hily. and scale that remains sustainable in the context of providing municipal serviees'iafrastructure. and local covertamcnt Fiscal responsibility. Agricultural Preservation In keeping with the general policies enumerated abooe, existing 3perating acricaltural uses and qualifying alternative uses that preserve the open space wiin thc corriPtunity shall be supported.. 'These uses shah ]bei encouraged tor continue or erations and to retain large land holdings that contri'bute to operating eflIclency. In keeping. with the general policies era.1.17.eratcT: inctc thc shall affirmatively establish and pursue specific strategies and seek resources ti..) assist existing acricultural uses in remaining a viable alternative to urbanization for landOWnerS. Consistent vv-ith the concept of a right to farm." Tile provision of municipal infragrucinire and serviecs to areas of the City -where operating ao-ric:uirize exists shah not be in a main that results in ail economic or 011eraIicynzi disincentive to Eluicu tut- a osof tl-ie Residential Development Ali residential unfits will be designed, sited. and cf.)iistructeu to conserve energy ;.ighting.., cooling. and heating processes. The primary style at -residential &veiling LmiT. wit-ft:in RAD, RED, R.,-",,D2, NC land Accessory Building Variance — 5761 Keats Avenue The City Council considered a variance required from Steve and Joan Ziertman, 5761 Keats Avenue, to allow the construction of a second 2,400 sq.ft. accessory building on their property. The proposed building would be used to house equipment related to the growing and selling of agricultural products. A variance has been requested because the applicants already have built a 2,310 sq,ft. building on their property, and the RR — Rural Residential Zoning District only allows one such accessory building on their property. The Planning Commission recommended approval of the variance request with two conditions of approval. Rod Sessing, 5699 Keats Avenue, stated his property is part of the Ziertman farm. He has grown pumpkins since 1997 and plans on getting hack into thrn-iing. He said he had to cut hack because of storage problems._ had equipment in the building and sitting outside. He would like the Council to open to all property owners with 10.7 acres the ability to construct an additional accessory building. Doug Lovitt 9940 59'h St. Court N., has a small produce farm and sees the need tbr more barn space. A:101'10N: . et- Smith moved to adopt Resolution Number 2011-028 A Resolution approving a variance to allow the construction ofa new 2,400 sq.11. Accessoly at 5761 Kc'uts Avenue in addition to an existing 2,310 sq.P. in a Rural Residential Zoning District, Council Member Park seconded the motion. The motion passed 3-2 (Council Member Emmons and PctilS011 voting against.) MOTION: Council Emmons Moved ' of the ordinance relative to this queoion at a works/oplr pri the Planning, Commission work plan. Council 'Wernher Pearson seconded the motion. The motion passed 5-0, otel/Motel Water Rates — Discussion and Proposed Ordinance No. 08-51 The City Council received an update on eftbrts to address issues related to water service to the Wildwood Lodge. Lake Elmo staff met with the Wildwood Lodge statito discuss the history of billing and review of the infrastructure and water meters. Cathy Bendel, C&J Consulting, provided additional information which the Wildwood Lodge staff requested more time for review. A decision on hotel/motel water rates vill be added to the next City Council agenda. Update Re: Library Service Consideration This item was scheduled at the request of the City Council in order to update the Council and public on eftbrts to retain and enhance library services for the Lake Elmo community. Administrator Messelt reported that all four boutique libraries will most likely close by January 2012. Attorney Snyder addressed questions regarding the City establishing their own library and authorizing a library levy. LAKE ELMO CITY COUNCIL MINUTES JULY 19, 2011 4 "ur 2015 Values for Taxes Payable iri 1' 14949 62- Street North PO 13w,. 200 55032-0200 430-6175 Plopen), ID: 02.029.21.23.0003 Bill#: 512663 Taxpayer: RODNEY N & DIANE L SESSING 5699 KEATS AVE N LAKE ELMO MN 55042-8509 "1111/11111"111111111"11111"1111111101111191011111111"1 40 001726 :r'011 OP3 ;701r plOpOri.:1;?X. hear/ ihe !Jack Or (115' 5:::Ri01113Tit ir) OW I 01/.1 Property Address: 5699 KEATS AVE LAKE ELMO MN 55042 Description: Section 02 Township 029 Range 021 PT NWI /4 BEING THE S 1125E7 or THE W 1100FT CF SD NW1/4 OF SEC 2 EXCEPT THE W 660FT OF THE S 825FT THERECE-SUBJ TO SUBJ TO EASE OVER W 33FT FOR KEATS AVE EXCEPT THE SOUTH 40D FEET OF THE EAST 440 FEET OF THE WEST 1100 FEET OF THE NVV1 /4 OF SEC 2 Line 13 Special Assessment Detail: 6313 KEATS STREET IMPROVEMENT 2013 KEATS WATER IVPROVENENT 000NTT ENVIRONMENTAL CHARGE PRE DEP Principal: Interest: 633 00 226.80 462,40 394.40 3,00 001726 Tages Pv,^J;le Estimated Market Value: Homestead Exclusion: Taxable Market Value: New improvements/ Expired Exclusions: Property Classification: \ 2015 540,000 600 539,400 Res Hold AgHslo Sent in March 2015 Did not include special assessments or referenda approved by the voters et the November election Sent in November 2015 P'roperc,/: 1.Dr, i,i !I'LL L.: I:- 1 •Liii.1 tni'C 3. Property taxes before credits -EA 4 m-E5 X 0 •-• t-(-) 5. Property taxes after credits 6. WASHINGTON COUNTY t CO) CD.= Q.= 2-, a. Credits that reduce property taxes 7. CITY OF LAKE ELMO 8, State General Tax 9. ISD 834 STILLWATER . Special Taxing Districts 11t,71x.e5 due May 15 November 15 A. Agricultural market value credit B. Other Credits A. County General B. County Regional Rail Authority A. Voter approved levies B. Other Local Levies A. Metropolitan Council B. Metropolitan Council Transit C. Metropolitan Mosquito Control D. Valley Branch Watershed E. County HRA 11. Non -school voter approved referenda levies 12. Total property tax before special assessments 13. Special assessments 14. TOTAL PROPERTY TAX AND SPECIAL ASSESSMENTS r:r TO AVOID PENALTY PAY ON OR BEFORE: November:15' 1Propeily iD; 02.029.21.23.0003 Bill #: 512663 1E11 1111111110111IIIIL II Taxpayer RODNEY N & DIANE L SESSING 5699 KEATS AVE N LAKE ELMO MN 55042-8509 MAKE CHECiKS PAMELE TO: 2our4/ E3,x, 200 550G2-C20P $4,018.25 54,541.05 $363.20 $0,00 $4,177.85 $1,181.15 $9.05 51,015.05 $0.00 $630.25 $1,084,17 $40.22 $57.85 $20.89 $72.54 $50.38 2013 539,000 700 538,300 Res Hstd AgHstd $4,32.U0 $2,496.00 $2,496.00 $4,992.00 $3,983.34 $4,494,80 $362.60 $0.00 $4,132.20 $1,183.20 $10.52 $982.65 50.00 $663.29 51,018.23 $39.60 $58.35 520.71 $74.85 $64197 $16,30 $15.83 $4,177.85 $4,132.20 $888.15 $859.80 $5,066,00 $4,992.00 Ag Hstd Res Hstd $2,496,00 J :