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HomeMy WebLinkAboutPZ Minutes; 8-24-20 City of Lake Elmo Planning Commission Meeting Minutes of Monday August 24, 2020 Commissioner Cadenhead called to order the meeting of the Lake Elmo Planning Commission at 7:00 p.m. COMMISSIONERS PRESENT: Cadenhead, Weeks, Graen, Holtz, Mueller and Steil COMMISSIONERS ABSENT: Risner STAFF PRESENT: Planning Director Roberts, City Planner Prchal Approve Agenda: M/S/P: Holtz/Graen moved to approve the agenda, Vote: 6-0, motion carried unanimously. Approval of Minutes: M/S/P: Cadenhead/Steil moved to approve the Planning Commission minutes of August 13, 2020. Vote: 6-0, motion carried unanimously. Public Hearings a. Variance Approval Amendment Request – 8950 Lake Jane Trail North City Planner Prchal explained that the City has received a request from Steve and Haley Meisterling, owners of the property located at 8950 Lake Jane Trail, to remove certain conditions of approval for variances on the property and also removal of restrictive covenants that apply to their property. Prchal noted that in 2002, the previous owners of the property received City approval of variances to build a home on the property. This approval consisted of a setback variance from the ordinary high-water level of Lake Jane and from the street right-of way. The City Council approved the variances with a condition of approval being the preservation of the remainder of the property that required the recording of a restrictive covenant on the property in order to ensure preservation. Prchal explained that the applicants are now requesting to amend the 2002 variances by removing the conditions of approval pertaining to preservation. This would include the removal of the restrictive covenant that is recorded against the property. He also explained that the applicants are requesting that the restrictive covenant that was recorded against their property as a condition of the 2002 variance be removed in its entirety. Lake Elmo Planning Commission Minutes; 8-24-20 The restrictive covenant has the following restrictions (which would all no longer apply if it is removed): 1. No trees or ground vegetation may be out outside of the Construction Area \[as defined in the restrictive covenant\], except for a 50 foot wide corridor, the centerline of which begins at a point on the north line of the Construction Area, 100 feet East of the Northwest corner of thereof; thence extending northerly at a 90 degree angle from said north line to the intersection with the natural high water mark of Lake Jane and there terminating. Inside the 50 foot corridor all trees over 12 inches in diameter at breast height must not be cut. 2. Trees and vegetation may be cut as needed to install and maintain a septic system. 3. No trees may be cut in the road right of way except for a 65 foot driveway opening. 4. The preserved area of the site shall remain undisturbed from the natural state, including ground vegetation and tree cover. 5. No grading or filling shall be permitted North of the ordinary high water level. 6. The existing parcel shall not be reduced in size or subdivided at any time. Prchal also noted how the site has changed through recent years as the owners have removed trees from the property and have widened the sand beach area along the lake shore. City Planner Prchal concluded his presentation by explaining the findings and staff’s recommendation of denial of the variance amendment request for the property located at 8950 Lake Jane Trail. Prchal then answered questions from the Planning Commission. The applicants, Steve and Haley Meisterling, read a statement, explained the reasons for their request and answered questions from the Commission. Cadenhead opened the public hearing at 7:24. Jackie Furlong, 8959 Lake Jane Trail, spoke in favor of the applicant’s request and noted how well the applicants were caring for and improving their property. Cadenhead closed the public hearing at 7:26. The Planning Commission discussed the request. There were comments from the Commissioners that having the covenants on the property as required by the City could be considered arbitrary and capricious. They also discussed whether keeping the covenants on the property was necessary as there are City Code standards in place regarding tree removal and shoreland alterations. The Commissioners noted that these regulations should protect the shoreland impact zone and that the City could use the existing regulations as a basis for enforcement if necessary. Commissioner Weeks presented the Commission with five findings for approval of the applicant’s request. They included: 1. The statements of the applicant and neighbors are truthful and detailed. 2. The covenants are arbitrary. 3. The covenants deny the property owners enjoyment of their land. 4. The existing codes and the enforcement of those codes is sufficient. Lake Elmo Planning Commission Minutes; 8-24-20 5. The DNR has made no comments about this application. M/S/P: Graen/Holtz moved to approve the proposal to remove all the covenants on the property at 8950 Lake Jane Trail as requested by the applicant with the findings for approval as suggested by Commissioner Weeks. Vote: 5-1 (Steil nay). Motion carried. New Business None Staff and Commission Updates Roberts reported that at the August 18, 2020 City Council Meeting, the Council reviewed and approved the Comprehensive Plan Amendments for the properties located at the corner of rd Lake Elmo Avenue and 43 Street North and they approved the code amendments for PUD, OP-PUD and Subdivision ordinances. He also noted that the City Council approved a time extension for the Carmelite Hermitage of the Blessed Virgin Mary to extend the time to start or implement the Conditions of Approval for a Conditional Use Permit for their property located at 8249 Demontreville Trail. Director Roberts reminded the Commission of the upcoming PC Meetings on September 14, 2020 and on September 28, 2020. Meeting adjourned at 7:57 pm. Respectfully submitted, Ken Roberts – Lake Elmo Planning Director Lake Elmo Planning Commission Minutes; 8-24-20