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HomeMy WebLinkAbout#14 - Carmelite Hermitage VarianceSTAFF REPORT DATE: 8/20/2019 REGULAR MOTION TO: City Council FROM: Ken Roberts, Planning Director AGENDA ITEM: Variance – Direct Access for a Place of Worship REVIEWED BY: Ben Prchal, City Planner BACKGROUND: The City has received a request from Rev. John Burns of the Carmelite Hermitage for a variance from the City Code requirement about having direct access for a place of worship. He is making this request in order to add a chapel to the Carmelite’s site located at 8249 Demontreville Trail. On December 3, 1991, the City Council approved a variance from the section of the City Code about having frontage a public road for the Carmelite Monastery. The Carmelites made this request so they could construct a building on their parcel (which does not have frontage on a public road). (See attached City Council Resolution 91-40). On August 12, 2019, the Planning Commission held a public hearing about this request. The Planning Commission reviewed the applicant’s request and application materials, took testimony from several interested parties and then made a recommendation that the City Council should approve the variance as requested. ISSUE BEFORE CITY COUNCIL: The City Council is being asked to review and make decision about the variance request about the City Code requirement for direct access for the Carmelites proposed chapel. VARIANCE REQUEST DETAILS/ANALYSIS: Deadline for Action: Application Complete – 7/12/2019 60 Day Deadline – 9/11/2019 Extension Letter Mailed – N/A 120 Day Deadline – N/A Variance Request: The Carmelite Hermitage of the Blessed Virgin Mary requests a variance from the direct access requirement for places of worship as outlined in Section 154.600(B)(2) of the City Code. 2 Reason for Request. The reason for the variance request is to facilitate the construction of a chapel on their site. The City Code requires places of worship (such as chapels and churches) to have “direct access” to a public street classified by the Comprehensive Plan as a major collector or arterial. The Carmelites property does not have frontage on Demontreville Trail but there is an existing easement and driveway across the neighboring property to the north that provides their property with access to Demontreville Trail. The Comprehensive Plan classifies Demontreville Trail as a major collector street. The applicant believes their existing access to Demontreville Trail (with the easement) meets the direct access requirement of the City Code. If the City Code said that places of worship are required to have access to a major collector or arterial street, then the Carmelites site would meet that access requirement. REVIEW AND ANALYSIS/DRAFT FINDINGS An applicant must establish and demonstrate compliance with the variance criteria set forth in Lake Elmo City Code Section 154.109 before the City may grant an exception or modification to city code requirements. These criteria are listed below, along with comments from Staff about the applicability of these criteria to the applicant’s request. 1) Practical Difficulties. A variance to the provision of this chapter may be granted by the Board of Adjustment upon the application by the owner of the affected property where the strict enforcement of this chapter would cause practical difficulties because of circumstances unique to the individual property under consideration and then only when it is demonstrated that such actions will be in keeping with the spirit and intent of this chapter. Definition of practical difficulties - “Practical difficulties” as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by an official control. FINDINGS: The addition of a chapel to Carmelites site has been planned since at least 1991 when the City first approved a Master Plan for their site. The Carmelites have been using the easement to Demontreville Trail for access to the site since that time. Adding another driveway or access to the Carmelites property would be a practical difficulty as the only public street their property has frontage on is Hidden Bay Trail to south. A new driveway would be about 1,500 feet in length, would require extensive tree removal and grading and would be an access onto a local street – not a collector or arterial street as the City Code requires for places of worship. The use of the existing driveway for access to Demontreville Trail for the proposed chapel on their site is a reasonable use of the property and the existing access. 2) Unique Circumstances. The plight of the landowner is due to circumstances unique to the property not created by the landowner. FINDINGS: According to the applicant, the existing lot layout with the access easement to Demontreville Trail has been in place since 1904. This is a unique situation with circumstances not created by the landowner or the current land users – the Carmelite Monks. 3) Character of Locality. The proposed variance will not alter the essential character of the locality in which the property in question is located. FINDINGS: The proposed variance will allow the Carmelites to use the existing driveway (that currently provides access to their site) for access for the proposed chapel. By using the existing 3 driveway that has been in place for many years, the Carmelites will not be altering the essential character of the locality (or area) in which their property is located. Conversely, adding another driveway to their site that would have access onto a local, neighborhood street would change the character of that locality and area of the City. 4) Adjacent Properties and Traffic. The proposed variance will not impair an adequate supply of light and air to properties adjacent to the property in question or substantially increase the congestion of the public streets or substantially diminish or impair property values within the neighborhood. FINDINGS. The proposed variance to allow the use of the existing driveway and easement for access for the proposed chapel will not impair an adequate supply of light and air to properties adjacent to the subject property, increase congestion of public streets or substantially diminish or impair property values within the neighborhood. Conversely, as I noted above, if the applicant added another driveway to access the streets to the south of their site, such a driveway would increase the congestion on the local public streets near their property. FISCAL IMPACT: Staff has not found that the proposed variance will have any impact to the City. OPTIONS: The City Council may: • Approve the proposed variance. • Approve the proposed variance with conditions. • Deny the proposed variance, citing findings of fact for denial. RECOMMENDATION: Staff and the Planning Commission recommend approval of the request from Rev. John Burns of the Carmelite Hermitage for a variance (an exception) from the City’s requirement for direct access to a major collector or arterial street for a place of worship for the property located at 8249 Demontreville Trail. “Move to adopt Resolution 2019-058 approving the request from Rev. John Burns of the Carmelite Hermitage for a variance (an exception) from the City’s requirement for direct access to a major collector or arterial street for a place of worship for the property located at 8249 Demontreville Trail.” ATTACHMENTS: 1) Variance request narrative dated July 12, 2019 (4 pages) 2) Proposed Site Plan 3) Resolution 91-40 - Variance resolution 4) Letter dated 8-7-2019 from Larkin Hoffman 5) Letter dated 8-9-2019 from Eric Lipman 4 6) Resolution 2019 - 058 1 of 4 Land Use Application – Variance 12 July 2019 Property Location All of Government Lot 4 in Section 9, Township 29 north, Range 21 west, City of Lake Elmo, Washington County, Minnesota, according to government survey containing 59.4 acres of land. Also the south 30.6 acres of Government Lot 4 in Section 4, and of the southwest quarter of the southeast quarter of said Section 4, all in Township 29 north, Range 21 west, according to government survey, being the south 688 feet thereof. Detailed Reason for the Request In 1954, the Discalced Carmelite Nuns of Saint Paul, a non-profit corporation under the laws of the State of Minnesota, were looking for property upon which to build a permanent monastery. They were advised of the property which they now own and entered into negotiations with the owners of the property. On 2 February 1954, Phillip C. Mackey and his wife Bernadine R. Mackey conveyed their property, along with its easement, to the Discalced Carmelite Nuns of Saint Paul by warranty deed, dated that day, and filed for record in Washington County, Minnesota, on 4 February 1954. As part of their deed of purchase, they obtained a right of way across the neighboring property to the north (owned by the Jesuit Retreat House) which gave them access to Demontreville Trail. This right of way has existed since 1904. At the time that the Carmelite Nuns purchased their property, the right of way across the Jesuit property was the only access from a public road to the Carmelite property, and it remains the only access today. The Carmelite Nuns have used this right of way continuously for 64 years. In 1987 Carmel of the Blessed Virgin Mary (aka Carmelite Hermitage, Carmelite Hermitage of the Blessed Virgin Mary) was incorporated in the State of Minnesota as a community of Carmelite Priests and Brothers. In December of 1991, the City of Lake Elmo approved a master plan for the Carmelite Hermitage consisting of four phases: Phase 1, consisting of a community building and garage was constructed in 1991/92. Phase 2, consisting of a central courtyard with covered walkways (cloister) was constructed in 2001/2002. Phase 3 consists of a chapel and is the building we would now like to construct. Phase 4 will consist of a guest building and library. We hope to commence Phase 4 around 2022. Additionally, in 1991 the City of Lake Elmo granted a variance to the Carmelite Hermitage because the Hermitage also uses the easement over Jesuit land to access Demontreville Trail. The Jesuit Retreat House made no objection to the variance. The Carmelite Fathers and Brothers have used the easement continuously for 32 years. In the intervening years, the Carmelite Hermitage has built four new buildings. In 2007, it requested and received an amendment to its master plan to add an additional building. This building was built in 2008. In none of the four construction projects did the City of Lake Elmo require the Carmelite Hermitage to obtain an additional variance. We maintain that our variance is valid for all buildings shown on the master plan which was approved by the City Council in 1991. City practice towards our Hermitage is evidence of our interpretation. 2 of 4 The Carmelite Hermitage wishes to construct its chapel, shown as phase three on its master plan. An objection has been raised by the Jesuit Retreat House that the Carmelite Hermitage needs a new variance to proceed with its chapel project because it does not meet the CUP requirements established by the City in 2000 and amended in 2006. Since there is doubt about the scope and language of the original variance as well as doubt about the meaning of the word direct in the City’s CUP requirements, City staff have suggested that we apply for a new variance that will clarify all issues related to access to our property. In a spirit of cooperation, we have agreed to apply for a new variance. Variance Request, Practical Difficulties: The Carmelite Hermitage of the Blessed Virgin Mary requests a variance from the direct access requirement of Section 154.600(B)(2) of the City Code. It further requests that the variance apply to all 90 acres of the property owned by the Discalced Carmelite Nuns of St. Paul and that the variance apply to all buildings currently existing on the property as well as all buildings shown on its approved master plan which remain to be built. Strict enforcement of the City Code requiring direct access creates not only a practical difficulty but a serious hardship in that we would be unable to complete our monastery as planned and approved in 1991 by the City of Lake Elmo. In 1991, The City Council recognized the hardship that existed with regard to access to our property, and the Council granted us a variance at that time. 2. a. Owner of Record Discalced Carmelite Nuns of Saint Paul 8251 Demontreville Trail Lake Elmo, MN 55042 651-777-3882 Officers of the Corporation Sr. Angela Barrett Sr. Maravillas Schwab Sr. Rose Zaleski Applicant Carmelite Hermitage of the Blessed Virgin Mary 8249 Demontreville Trail Lake Elmo, MN 55042 651-779-7351 carmelbvm@gmail.com Officers of the Corporation Reverend John Burns Br. Joseph Bubanko Br. Christopher Burnside 2.b. 3 of 4 Legal Description of the Property All of Government Lot 4 in Section 9, Township 29 north, Range 21 west, City of Lake Elmo, Washington County, Minnesota, according to government survey containing 59.4 acres of land. Also the south 30.6 acres of Government Lot 4 in Section 4, and of the southwest quarter of the southeast quarter of said section 4, all in Township 29 north, Range 21 west, according to government survey, being the south 688 feet thereof. PID 0902921120002 Parcel Size 90.109 acres 3,924,760 square feet Existing Use of the Land Religious. Two monasteries reside on the property whose members engage in a life of prayer, worship, gardening, arts, and crafts. Current Zoning Public Facility (PF) 2.c. Section 154.600(B) (2) a. “Direct access is provided to a public street classified by the Comprehensive Plan as major collector or arterials.” 2.d. The Carmelite Hermitage of the Blessed Virgin Mary requests a variance from the direct access requirement of Section 154.600(B)(2) of the City Code. It further requests that the variance apply to all 90 acres of the property owned by the Discalced Carmelite Nuns of St. Paul and that the variance apply to all buildings currently existing on the property as well as all buildings shown on its master plan which remain to be built. 2.e. In December of 1991, the City of Lake Elmo approved the master plan of the Carmelite Hermitage consisting of four phases: Phase 1, consisting of a community building and garage was constructed in 1991/92. Phase 2, consisting of a central court yard with covered walkways (cloister) was constructed in 2001/2002. Phase 3 consists of a chapel and is the building we would now like to construct. Phase 4 will consist of a guest building and library. Additionally, the City of Lake Elmo granted a variance to the Carmelite Hermitage in 1991 since the Hermitage also used the easement over Jesuit land to access Demontreville Trail. The Jesuit Retreat House made no objection to the variance. An attorney for the Jesuit Retreat House sent a letter to the City Attorney contending that the variance of 1991 is not valid for the construction of the chapel because the CUP code enacted by the City in 2000 and amended in 2006 requires direct access to a collector road or major arterials. The City Attorney stated that an argument can be made that we do not have direct access. Furthermore the City Attorney contends that the 1991 variance applied only to the building 4 of 4 which we built in 1991. We dispute this interpretation because it contradicts the practice of the City to date. We have built several buildings since 1991, including one in 2007 which required an amendment to our master plan, and in none of these cases did the City require a new variance. At a meeting with the City Attorney and the Director of Planning held at City offices on 2 July 2019, we stated our point of view. Nevertheless, we agreed to apply for a new variance in order to clarify all issues related to access to our property. 2.f. The circumstances of our property are quite unique in that the property has never bordered a public road since it was divided from the property to the north in 1904. At that time, an unrestricted easement through the northern property was given in order that the southern property could have access to Demontreville Trail. The Discalced Carmelite Nuns received this easement as part of their deed of purchase. In 2011 the Carmelite nuns acquired three small lots that border their property as well as Hidden Bay Trail. The lots are undeveloped and have no driveways into them. Hidden Bay Trail is not a collector road or major arterial street. It is not suitable as an access road to our property. Strict enforcement of the City Code requiring direct access creates not only a practical difficulty but a serious hardship in that we would be unable to complete our monastery as planned and as approved by the City of Lake Elmo in 1991. 2.g. Our plight was in no way created by ourselves; it is rather the result of the division of the property in 1904. Our circumstances were recognized as unique by the City Council in 1991, and for this reason the Council granted us a variance. 2.h. Far from altering the essential character of the neighborhood, granting a variance will maintain the essential character of the neighborhood as it has always been since the Carmelite Nuns purchased the property in 1954. Building a driveway to Hidden Bay Trail would alter the neighborhood and is vehemently opposed by our neighbors on Hidden Bay Trail and Birch Bark Trail. August 9, 2019 BY ELECTRONIC AND FIRST CLASS MAIL Members of the Planning Commission City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, Minnesota 55042 Re: Planning Commission Meeting Scheduled for August 12, 2019 Agenda Item 4(a) – Conditional Use Permit for the Carmelite Hermitage Dear Commission Members: I live in the Tri-Lakes Area of Lake Elmo and write to you in support of the Carmelite Hermitage’s request for a Conditional Use Permit and a variance from the direct access requirements of the City’s Zoning Code. The Hermitage’s proposal for a chapel is a good one and the Commission should approve the Staff Recommendation for Agenda Item 4(a) as it was written. I. The Hermitage has the Right to Use the Shared Driveway A key point to remember when analyzing the Hermitage’s request is that the driveway easement between the Hermitage and Demontreville Trail is a property right that the Carmelites paid money to purchase. It made the parcel worth buying. Likewise, as detailed on page 3 of the Staff Report, the driveway easement has been in place for one-hundred and fifteen years and predates the arrival of the Jesuit Retreat House by more than four decades. The Carmelites purchased the Hermitage property knowing that it had the right to access to Demontreville Trail and the Jesuits purchased their Retreat House property knowing that such an easement existed. The fact that the Jesuits no longer wish to share what is legally a “shared driveway,”1 is shameful, but irrelevant. The Carmelites have a legal right to use the easement for their own travel to and from Demontreville Trail and to invite their guests to do likewise. The Commission should act to vindicate these rights. If pressed on this point by the Jesuits, the Commission should ask them to explain why they are entitled to invite an average of 50 guests each and every week to travel across the shared driveway,2 but the Carmelites should not be permitted to invite 42 1 See generally Minneapolis Athletic Club v. Cohler, 177 N.W.2d 786, 789 (Minn. 1970). 2 See Letter of Timothy J. Keane to Director Ken Roberts, at 2 (June 24, 2019). 2 guests of their own at any time. There is no good or reasonable answer to that question; the Jesuits know this; and you should too. II. Granting a Direct Access Variance is Appropriate While the Hermitage proposal satisfies the direct access requirements of the Zoning Code (because the easement grants direct access from the Hermitage parcel to a collector road),3 issuance of the variance is still useful. A variance removes all doubt. Further, issuing an access variance is appropriate because the Hermitage’s proposed chapel is not designed to be, nor likely to operate, like the “places of worship” contemplated by the Zoning Code. Unlike other churches in Lake Elmo, the proposed chapel is meant to support to the monastic life of the parcel’s residents.4 In that way, the general “places of worship” provisions of our Code are a poor fit for the special features of this proposal. That mismatch makes granting the variance a good idea. Lastly, the requested variance is closely aligned with the purposes of our Zoning Code. The direct access requirements are intended to: assure maintenance and preservation of the established rural character of the city by preserving agricultural land, woodlands, corridors, and other significant natural features, and provide buffering between PF and residential or other uses.5 In this case, supporting very modest and lawful uses of the existing driveway (as opposed to the burdens associated with carving a new ¾ -mile asphalt driveway through precious woodlands) “preserv[es] agricultural land, woodlands, corridors, and other significant natural features, and provide buffering between PF and residential or other uses.”6 If the Zoning Code could talk, it would tell you to approve the Staff Recommendation. For all of these reasons, the Commission should approve the Staff Recommendation for Agenda Item 4(a) as it was written. Very truly yours, Eric L. Lipman 3 Lake Elmo City Code § 154.600 (B)(2)(a) (2019). 4 See Application, at Section 2e (x) (May 24, 2019). 5 Lake Elmo City Code § 154.600 (A) (2019). 6 Id. CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO 2019 - 058 A RESOLUTION APPROVING A VARIANCE TO ALLOW THE CONSTRUCTION OF A CHAPEL OR PLACE OF WORSHIP ON THE PROPERTY LOCATED AT 8249 DEMONTRVILLE TRAIL BY USING AN EXISTING DRIVEWAY FOR ACCESS TO DEMONTREVILLE TRAIL WHEREAS, Reverend John Burns, representing the Carmelite Hermitage (the “Applicant”) of 8249 Demontreville N, Lake Elmo MN 55042, Washington County, Minnesota (the “Property”) has submitted an application to the City of Lake Elmo (the “City“) for a variance or an exception to the City Code requirement about having direct access to a collector or arterial street for a chapel or place of worship; and WHEREAS, the applicant is requesting City approval to allow the use of an existing driveway to Demontreville Trail for access to their site for the construction of a chapel or place of worship on their property; and WHEREAS, the Carmelites property is landlocked but has access to Demontreville Trail via an existing driveway that is located in an easement that crosses an adjoining property; and WHEREAS, the Carmelites have used the existing driveway to Demontreville Trail for access to their property since at least 1967; and WHEREAS, the requested access request will not change the character of the area; and WHEREAS, notice has been published , mailed, and posted pursuant to the Lake Elmo Zoning Code, Section 154.109; and WHEREAS, the Lake Elmo Planning Commission held a public hearing about the variance on August 12, 2019; and WHEREAS, the Lake Elmo Planning Commission has submitted its report and recommendations with respect to the requested variance to the City Council as part of the City Staff Memorandum dated August 20, 2019; and WHEREAS, the City Council considered the access variance request at its August 20, 2019 meeting; and NOW, THEREFORE, based on the testimony elicited and information received, the City Council makes the following: FINDINGS 1) That the procedures for obtaining a variance are found in the Section 154.109 of the Lake Elmo Zoning Code. 2) That the applicant met all the variance application and submission requirements of Section 154.109 of the Lake Elmo Zoning Code. 3) That the proposed variance includes the following component: a) That the existing driveway that provides access to the Property from Demontreville Trail be allowed to also serve as the access for the proposed chapel or place worship on the applicant’s property. 4) With respect to the proposed variance for the use of the existing driveway for access for the proposed chapel, the strict enforcement of the City’s zoning regulations will cause practical difficulties and the Applicants propose to use the Property in a reasonable manner not permitted by an official control. The addition of a chapel to Carmelites site has been planned since at least 1991 when the City first approved a Master Plan for their site. The Carmelites have been using the easement with a driveway to Demontreville Trail for access to the site since that time. Adding another driveway or access to the Carmelites property would be a practical difficulty as the only public street their property has frontage on is Hidden Bay Trail to south. A new driveway would be about 1,500 feet in length, would require extensive tree removal and grading and would be an access onto a local street – not a collector or arterial street as the City Code requires for places of worship. It is recognized that the existing driveway that serves the property connects to the public street and as such, it proposed use for a chapel will not be impactful on public infrastructure, thus the Applicants would be using the Property in a reasonable manner. The use of the existing driveway for access to Demontreville Trail for the addition of a chapel to their site is a reasonable use of the property and the existing access. 5) With respect to the proposed variance for the use of the existing driveway for access for the chapel, the plight of the Applicants is due to circumstances unique to the Property not created by the Applicants. According to the applicant, the existing lot layout with the access easement to Demontreville Trail has been in place since 1904. This is a unique situation with circumstances not created by the landowner or the Applicant – the Carmelite Monks. Therefore, this criterion has been met with respect to the variance for using the existing driveway for access for the proposed chapel. 6) With respect to the proposed variance for using the existing driveway for access for the proposed chapel, the proposed variance will not alter the essential character of the locality in which the Property is located. The proposed variance will allow the Carmelites to use the existing driveway (that currently provides access to their site) for access for the proposed chapel. By using the existing driveway that has been in place for many years, the Carmelites will not be altering the essential character of the locality (or area) in which their property is located. Therefore, the use of the existing driveway will not alter the essential character of the neighborhood and this criterion has been met. Conversely, adding another driveway to their site that would have access onto a local, neighborhood street would change the character of that locality and area of the City. 7) With respect to the proposed variance to allow the use of the existing driveway and easement for access for the proposed chapel, the proposed variance will not impair an adequate supply of light and air to properties adjacent to the subject property, increase congestion of public streets or substantially diminish or impair property values within the neighborhood. Therefore, this criterion has been met. Conversely, as noted above, if the applicant added another driveway to access the streets to the south of their site that would increase the congestion on the local public streets near their property. CONCLUSIONS AND DECISION 1) Based on the above findings that show the applicant has met all the City variance criteria with respect to the variance for having direct access to a collector or arterial street for a chapel or a place or worship, the City of Lake Elmo hereby approves the Applicants application for a variance or exception from the City standard requiring a place or worship or a chapel to have direct access to a collector or arterial street, subject to the following conditions: a) The Applicant shall secure any required zoning approvals, permits and plan approvals from the City and other applicable jurisdictions for the construction of the chapel and the associated site improvements; b) The Applicant upgrade the driveway in the area of the proposed chapel to include the parking areas and the required storm water management systems as shown on the project plans for the chapel. Passed and duly adopted this 20th day of August 20, 2019 by the City Council of the City of Lake Elmo, Minnesota. ________________________________ Mayor Mike Pearson ATTEST: ________________________________ Julie Johnson, City Clerk