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HomeMy WebLinkAbout05-22-2006 Planning Commission Packet# r MIT Mt LAKE ihiELMO City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, Minnesota 55042 (651) 777-5510 Fax: (651) 777-9615 Www. LakeElmo.Orq NOTICE OF MEETING The City of Lake Elmo Planning Commission will conduct a meeting on Monday, May 22, 2006, at 7:00 p.m. AGENDA Agenda Minutes of April 24, 2006 Home Occupations Zoning Ordinance City Council Update Adjourn DRAFT City of Lake Elmo Planning Commission Meeting Minutes of April 24, 2006 Chairman Helwig called to order the meeting of the Lake Elmo Planning Commission at 7:00 p.m. COMMISSIONERS PRESENT: Lyzenga, Armstrong, Van Zandt, Ptacek, Schneider, Fliflet, and Pelletier, Park (7:06 p.m.), and Deziel (7:10 p.m.). STAFF PRESENT: Planner Dillerud, Administrator Rafferty, and Recording Secretary Anez. ALSO PRESENT: Mayor Dean Johnston. Agenda M/S/P, Ptacek/Armstrong to accept the Agenda as presented. Vote: 8:0. Minutes M/S/P, Ptacek/Pelletier to accept the Minutes of April 10, 2006 as presented. Vote: 7:0:1 Abstain-Helwig: Absent. PUBLIC HEARING: Variance-8009 Hill Trail The Planner presented the variance application for front yard setback and minimum lot size. The applicant proposes an addition to an existing home of three or four bedrooms with a second story. The existing home encroaches 2.5 feet into the front setback. City records reveal the septic system was installed through the 201 Program in 1985 and it is sized by volume for a two bedroom home. Impervious surface coverage standards are met, even with the addition. The Planner said the lot size variance request is comparable to other requests the city has heard from within this neighborhood. He said it is a neighborhood of very small non -conforming lots as compared to current zoning standards, and the proposed addition expands the non -conformity for this property. He said City records indicate the house was constructed in 1945 with several remodels and upgrades but no enlargement. The Planner explained that over the passage of time, standards have been adopted for what constitutes a legal bedroom and one of the two bedrooms originally constructed is not legal. The Planner said the introduction of the City's Shoreland Ordinance and Zoning Code created the property's non -conformities. The Planner said he recommends approval subject to an approved septic system redesign before the building permit is issued to match the number of legal bedrooms this home will have. Jason Tacheny, Applicant Mr. Tacheny said the house currently has one bedroom. He has three children, and that is a hardship for the entire family. The Zoning changed after the house was built. One bedroom is not to Code due to inadequate egress along with a circuit box in that room. He said he has a certified septic design prepared that is sized for four bedrooms. He noted that the addition encroaches only 2.5 feet into the front lot setback. THE CHAIRMAN OPENED THE PUBLIC HEARING AT 7:15 P.M. Nobody spoke. THE CHAIRMAN CLOSED THE PUBLIC HEARING AT 7:16 P.M. Lake Elmo Planning Commission Meeting Minutes of April 24, 2006 1 DRAFT M/S/P, Armstrong/Fliflet to recommend approval of variances for front set back and lot size minimums for the construction of an addition to the home at 8009 Hill Trail based on three Findings: 1. The property cannot be put to reasonable use because the home was designed and constructed 60 years ago, well before public health and safety standards existed; application of those standards today limits the existing home to one bedroom, and this neither in character with the balance neighborhood, nor is it a reasonable use of the property. 2. The variance requested results from circumstances unique to properties where principal structures were constructed to adoption of City Zoning and Shoreland Regulations, and the circumstances of the variance were not created by the applicant in that context. 3. Granting of the variance will not change the essential character of the neighborhood. And conditional upon the approval of a new septic design prior to the issuance of a Building Permit. Vote: 9:0. PUBLIC HEARING: Variance-Rockpoint Church The Planner said there are variance requests for the previously tabled church site plan. He noted that if the zoning text amendment for PF architectural standards that appears later on the agenda is adopted, only the side wall height variance will remain. Richard Stuhlman, BWBR Architects Mr. Stuhlman presented a 3-D model of the church as originally designed. He said the largest portion of the building faces the trees. He also presented a site plan to show the church orientation on the site. He said it is several hundred feet from the church to the easterly property line. There are trees to the east on the property line but some on neighboring property. Mr. Stuhlman said in trying to force a solution to dispense with need for the variance, the building appearance does not really change very much for passersby and neighbors. THE CHAIRMAN OPENED THE PUBLIC HEARING AT 7:35 P.M. Nobody spoke. THE CHAIRMAN CLOSED THE PUBLIC HEARING AT 7:36 P.M. M/S/P, Fliflet/Pelletier to recommend approval of a variance for Rockpoint Church to allow side walls of the structure to extend to a maximum of 49 feet based on the following Findings: 1. The property cannot be put to reasonable use without the granting of the variance requested. The proposed sidewall height variance applies to only a portion of the building and relates to utilizing the site contours as they appear naturally and minimizing the impervious coverage of the site by creating floor area vertically rather than horizontally. 2. The variance requested results from circumstances unique to this Place of Worship use and the physical characteristics of the site. 3. Granting the variance will not change the essential character of the neighborhood. 4. In addition, the need for the variance arises due to the walk -out nature of the lot, that the intent of the Ordinance probably was not to preclude such a structure, and the Lake Elmo Planning Commission Meeting Minutes of April 24, 2006 2 DRAFT neighboring homes this church might affect will be moving in after the church is being built so they will be aware of it before they move in. Vote: 9:0. Commissioner Ptacek suggested review of the Code for walkout buildings. Site Plan: Rockpoint Church M/S/P, Deziel/Schneider to take from the Table the Site Plan for Rockpoint Church and recommend approval based upon staff review. Vote: 9:0. PUBLIC HEARING: Fences as Screening and Security The Planner said this review is being requested for areas of the City where commercial property adjoins residential or agricultural property. If a commercial property owner or developer does not screen its own lot, the residential property should be allowed to fence. Draft language was prepared adding one part of one sentence and that will allow fencing at rear or side lot lines in those cases. THE CHAIRMAN OPENED THE PUBLIC HEARING AT 7:47 P.M. Nobody spoke. THE CHAIRMAN CLOSED THE PUBLIC HEARING AT 7:48 P.M. M/S/P, Armstrong/Schneider, to recommend approval of additional language of Code with an amendment changing residential uses to residentially zoned lot. The affected sentence will read, "Required fences for screening and security purposes in Agricultural and Residential zoning districts shall be set back from all property lines equal to the required structure set back of the zoning district in which they are located, except where residential zoned lots share a common property line with commercial uses or commercial zoning districts." Vote: 8:1, Nay-Ptacek: Does not like changing Code for a particular neighborhood. PUBLIC HEARING: Architectural Performance Standards-PF Zoning District The Planner prepared a draft of the architectural performance standards identical to what is found in other commercial zoning districts. THE CHAIRMAN OPENED THE PUBLIC HEARING AT 7:51 P.M. Nobody came forward to speak. THE CHAIRMAN CLOSED THE PUBLIC HEARING AT 7:52 P.M. M/S/P, Ptacek/Pelletier, to add Architectural Performance Standards in the PF Zoning District because the Planning Commission intended it to be included in the Code when originally brought forth for other zoning districts. Vote: 8:1, Nay-Deziel: Opposed original architectural standards. Outdoor Social Events in the AG Zone The Planner said the Council asked for some additional conditions to be reviewed with regard to Outdoor Social Events, including the maximum number of event attendees and traffic impact on Lake Elmo Planning Commission Meeting Minutes of April 24, 2006 3 DRAFT adjoining neighbors. The Council also suggested that some applicants should provide site plans for screening and that liquor at these events and event closing time were also concerns. The Council suggested perhaps the site must be empty of everyone except the residents by 10:00 p.m. M/S/P Fliflet/Schneider to change the time for Outdoor Social Events so that no event shall operate outside the hours of 10 a.m. through 10 p.m. Vote: 8:1, Deziel-Mornings could be earlier. M/S/F, Deziel/Van Zandt to change the time for Outdoor Social Events so that no event shall operate outside the hours of 8 a.m. through 10 p.m. Vote: 2:7, Nay: While 10 p.m. may be too late, 8 a.m. may be too early. Lyzenga, Armstrong, Fliflet, Helwig, Ptacek, Schneider, Pelletier. M/S/F, Pelletier/Schneider, Attendance at Outdoor Social Events shall be limited to 20 persons per acre to a maximum of 250 persons. Vote: 3:6, Nay-Lyzenga, Fliflet, Van Zandt, Ptacek, Helwig, and Deziel. Fliflet would rather have it open and regulated when the application comes in. Maybe there are circumstances we have not yet considered. M/S/P, Lyzenga/Ptacek to define Outdoor Social Events as events where no admission fee is charged. Vote: 9:0. M/S/P, Armstrong/Ptacek to recommend that attendance at Outdoor Social Events be confined to 20 persons per acre to a maximum of 500 people. Vote: 7:2, Nay: Schneider and Pelletier -Too many people. M/S/P, Ptacek/Schneider to limit Outdoor Social Events to comply with City Code Ambient Noise Standards and to allow no artificial lighting. Vote: 9:0. The Chair recessed the meeting at 8:32 p.m. and reconvened at 8:38 p.m. Metro Transit Park and Ride The Planner said Metropolitan Transit would like to place for a 500 car park and ride on a site where the City could also co -locate a water tower in the area of the City south of 10th street. He reported that Metro Transit is looking for a permanent facility to replace the temporary facility now at Guardian Angels Church. The Planner said that the City Council at their last Workshop, asked for a recommendation from the Planning Commission whether to support park and ride and if so, which of these three sites would be preferable. The City Engineer recommends the Keats location as most suitable topographically for a water tower. The Administrator said this will be an express bus route with direct service to Cimarron. Metro Transit has its own security. M/S/P, Park/Van Zandt to recommend the site at Keats and I-94 for a Park and Ride because it is the best site for a water tower. Vote: 6:3, Nay: Helwig, Schneider, Ptacek- Not enough information. Schneider- We do not have enough information, and we should not be pinning it down to a location. Review of Setbacks in RR Zoning District The Planner presented a comparison between setbacks in two zoning districts. He noted that one is RR with low density and the other is RE with higher density, yet the setbacks in RE are greater than they are in RR. The Planner said the RR standards were written long before the RE Lake Elmo Planning Commission Meeting Minutes of April 24, 2006 4 DRAFT standards. The Planner said the City Council would like the Commission to consider amending setbacks to increase the RR setbacks to be equal with the RE setbacks. M/S/P, Armstrong/Deziel to recommend making no change to RR setbacks because there will be no new RR parcels in Lake Elmo; existing owners knew what they were getting when they bought RR parcels; and RE setbacks were created to keep houses apart in a higher density neighborhood of homes. Vote: 8:1, Schneider -We should address it. City Council Update The Planner said the Hidden Meadows Preliminary Plat and the Final Plat and Development Agreement for Discover Crossing were approved and Outdoor Social Events was returned to the Planning Commission. The Administrator said the meeting for the Village Plan was well attended and consultants are hoping to bring the compiled input to the Council with staff recommendations on May 16. Adjourned at 9:11 p.m. Respectfully submitted, Kimberly Anez Recording Secretary Lake Elmo Planning Commission Meeting Minutes of April 24, 2006 5 MEMO (May 16, 2006 for the Meeting of May 22, 2006) To: Lake Elmo Plar ng Commission From: Chu Subject: Zoning Text Amendments — Home Occupations I have attached a copy of the DRAFT minutes of the May 9, 2006 City Council Workshop session, as it relates to the subject. The Council had previously (at a Regular Meeting on March 21) considered the Planning Commission's March 13 recommendations for Code revisions to address Home Occupations. Issues were raised by some Council members and the matter was referred to the next workshop. Due to a lengthy workshop agenda in April, the matter was not addressed until the May workshop. Note that several Planning Commission Members did attend the May 9 Workshop, and participated in the Home Occupations discussions with the City Council — in support of the Planning Commission's previous recommendation. The Council has asked staff to share the Oak Park Heights Code provisions regarding the regulation of Home Occupations. I have attached that ordinance for the Commission's review. As the May 9 Minutes reveal, Mayor Johnston thought the Planning Commission recommended regulation of Home Occupations would be acceptable, if: 1. There is a finite limit to the area of residence that can be utilized for storage of stock in trade. He suggested either 120 or 200 square feet — the size of a bedroom. 2. That at least two non-resident employees be permitted at a Home Based Business residence. 3. That the licenses of Home Based Businesses be renewed annually to ensure proper monitoring by the City. Council Member Smith advocated substitution of the Oak Park Heights regulations for Home Occupations. She noted that no accessory structure may be used for a home occupation, and she believes that should be the rule in Lake Elmo as well. As of today the Planning Commission recommended version of Home Occupation regulations remains "in play". The Council is asking the Commission to consider either modifying its recommendations to include the concerns of Mayor Johnston and Council Member Smith; or, consider substituting the Oak Park Heights Home Occupation provisions in total — as suggested by Council Member Smith. Staff seeks direction in this matter. LAKE ELMO CITY COUNCIL WORKSHOP MAY 9, 2006 Mayor Johnston called the workshop to order at 6:00 p.m. in the Council chambers. PRESENT: Johnston, Conlin, Smith, Johnson, DeLapp City Staff: Building Official Jim McNamara, Maintenance Supervisor Mike Bouthilet, Finance Director Tom Bouthilet, and Administrator Rafferty Planning Commission: 1. AGENDA sommilir 2. Zoning Ordinance/City Code Amendments — Home Occupation The City Planner distributed the Oak Park Heights Home Occupation Code and the Planning Commission's recommendation on Home Occupation. The Planner pointed out that if there are substantial changes in the Home Occupation proposal a public hearing by the Planning Commission would be needed. Mayor Johnston voiced his concerns on storage space and the City should set a specific limit such as 10 x 12 or 10 x 20. He thought the requirement of no employees was excessively restricted and would be in favor of up to two employees. By requiring annual licensing the City could monitor and enforce home based businesses. His desire is to discourage warehousing and encourage home based business. Council member Johnson said she can't see why the Planning Commission proposal would not work. Council member Smith said if we are going to split our 10 acre parcels in the future then the City needs to adopt the Oak Park Heights Ordinance. She did not want storage in accessory buildings. She has a concern on the vehicles associated with home occupations. Deliveries have to come in and deliver product. The City Planner noted the ordinance states not more than six deliveries. Council member DeLapp voiced his concern on home occupations that would bring in extra traffic and driveways on lots. Bob VanZandt, Planning Commission Member, said we can limit space, but doesn't want to go off and limit where people can make money because this business may pay your mortgage payments. Julie Fliflet, Planning Commission Member, said the Planning Commission looked at how a home based business could affect the neighbor. Accessory structures can be addressed by the city code. She supports one or two employees. Joan Ziertman, resident, encouraged the Council to go with the Oak Park Heights Code and said that most cities go with a version of the code similar to Oak Park Heights. In her opinion, larger lots should not be allowed more storage. Bob Helwig, Planning Commission Chairman, said he has not seen Oak Park Heights Home Occupation Code. As park of his job, he drives throughout Oak Park Heights and has seen landscape, auto repair, beauty shops in residential districts. Mark Deziel, Planning Commission Member, asked what was so wrong about freedom. The Council suggested that the Oak Park Heights code be sent to the Planning Commission and asked that they come back with a recommendation to the Council in one month. Deb Lyzenga, Planning Commission Member, asked how do you enforce the regulations without neighbors looking into neighbors windows. Council member Smith answered the City should have a code enforcement officer. 3. On -Site Treatment System — Austad, Hurt and Pierre Mr. • ustad provided a letter from Brad Lein, Construction Man. _er regarding in cost of propo - d septic systems in Lake Elmo and costs for hooking u to Oakdale. The City ministrator explained the City Council provia solution to their septic system prob s. The property owners went to court, ., .ettlement occurred, but was not provided the o come the property owners hoped for. he City Administrator met with them and asked -y put together a proposal for a s tion. Mayor asked if this '11 be a precedent to co �, ` t to Oakdale. The Administrator asked how you make a distin ion for a system of y years fails. Council member Johnson id she nee s factual numbers. The City Council's solution was not based on the outco of a c. case. Why should we be setting precedence when the Council had made a gr-' ment? Council member Conlin said °' �`' y is responsible for the health and safety of our residents. She suggested •e a c project and the property owners could be assessed. The Council asked for ormation on t following issues: *Precedence and co om Tom Prew *What cost can be sessed to the property r`; er. * Was there a pr dent relative to previous co ection to Oakdale sewer. Oakdale would have to agree h what conditions. *Did North erican Wetland violate their licens Counc ember DeLapp asked that the staff keep trac of their time and money. He asked what do you get for your sewer inspection fee. 3) Not involved or include any activity except the sale or rental of merchandise. b. Sexually oriented use -accessory shall be restricted from and prohibit access to persons under the age of eighteen (18) by the physical separation of such items from areas of general public access: 1) Movie Rentals. Display areas shall be restricted from general view and shall be located within a separate room, the access of which is in clear view and under the control of the persons responsible for the operation or controlled in some other effective manner which meets with the approval of the Zoning Administrator. 2) Magazines. Publications classified or qualifying as sexually oriented uses shall not be accessible to persons under the age of eighteen (18) and shall be covered with a wrapper or other means to prevent display of any material other than the publication title. 3) Other Use. Sexually oriented use -accessory not specifically cited shall comply with the intent of this section subject to the approval of the Zoning Administrator. c. Sexually oriented use -accessory activities shall be prohibited at any public show, movie, caravan, circus, carnival, theatrical or other performance or exhibition presented to the general public where minors are admitted. 401.15.M. Home Occupations. 1. Purpose. The purpose of this Section is to maintain the character and integrity of residential areas and to provide a means through the establishment of specific standards and procedures by which home occupations can be conducted in residential neighborhoods without jeopardizing the health, safety and general welfare of the surrounding neighborhood. In addition, this Section is intended to provide a mechanism enabling the distinction between permitted home occupations and special or customarily Amore sensitive@ home occupations, so that permitted home occupations may be allowed through an administrative process rather than a legislative hearing process. 2. Procedures and Permits. 2 a. Permitted Home Occupation. Any permitted home occupation as defined in this Ordinance, and subject to the performance standards of this Section, may be conducted solely within a single family detached dwelling (excluding attached garage space and/or any accessory structures). The permitted home occupation shall require a Apermitted home occupation permit@. Such 15-85 permits shall be issued subject to the conditions of this Section, other applicable City Ordinances and State law. This permit may be issued by the Zoning Administrator based upon proof of compliance with the provisions of this Section. Application for the Apermitted home occupation permit@ shall be accompanied by a fee as adopted by the City Council. If the Zoning Administrator denies a permitted home occupation permit to an applicant, the applicant may appeal the decision to the City Council. The permit shall remain in force and effect until such time as there has been a change in conditions or until such time as the provisions of this Section have been breached. An annual fee, as set by the City Council, will be charged to the applicant. At such time as the City has reason to believe that either event has taken place, a public hearing shall be held before the Planning Commission, following the procedural provisions of a conditional use permit in Section 401.03 of this Ordinance. The City Council shall make a final decision on whether or not the permit holder is entitled to the permit. b. Special Home Occupation. Any home occupation which does not meet the specific requirements for a permitted home occupation as defined in this Section shall require a Aspecial home occupation permit@ which shall be applied for reviewed and disposed on in accordance with the procedural provisions of a conditional use permit found in Section 401.03 of this Ordinance. c. Declaration of Conditions. The City Council may impose such conditions on the granting of a special home occupation permit as may be necessary to carry out the purpose and provisions of this Section. d. Transferability. Permits shall not run with the land and shall not be transferable. e. Lapse of Special Home Occupation Permit by Non -Use. Whenever within one (1) year after granting a permit the use as permitted by the permit shall not have been initiated, then such permit shall become null and void unless a petition for extension of time in which to complete the work has been granted by the City Council. Such extension shall be requested in writing and filed with the Zoning Administrator at least thirty (30) days before the expiration of the original permit. There shall be no charge for the filing of such petition. The request for extension shall state facts showing a good faith attempt to initiate the use. Such petition shall be presented to the City Council for a decision. f. Reconsideration. Whenever an application for a permit has been considered and denied by the City Council, a similar application for a permit affecting substantially the same property shall not be considered again by the Planning Commission or City Council for at least six (6) months from the date of its denial unless a decision to reconsider such matters is made by not less than four -fifths (4/5) vote of the City Council. 15-86 3. Requirement -General Provisions. All home occupations shall comply with the following general provisions and according to definition, the applicable requirement provisions. a. General Provisions. 1) No home occupation shall produce Tight, glare, noise, odor, vibration, smoke, dust, heat, or hazardous or toxic material shall not be produced, stored, or kept on the premises that will in any way have an objectionable effect upon adjacent or nearby property. 2) No equipment shall be used in the home occupation which will create electrical interference to surrounding properties. 3) Any home occupation shall be clearly incidental and secondary to the residential use of the premises, should not change the residential character thereof, and shall result in no incompatibility or disturbance to the surrounding residential uses. 4) No home occupation shall require internal or external alterations or involve construction features not customarily found in dwellings except where required to comply with local and state fire and police recommendations. 5) There shall be no exterior storage of equipment or materials used in the home occupation, except personal automobiles used in the home occupation may be parked on the site. 6) The home occupation shall meet all applicable fire and building codes. 12 7) All signing and informational or visual communication devices shall be in compliance with Section 401.15.G of this Ordinance. 8) All home occupations shall comply with the provisions of the City Code. 9) No home occupation shall be conducted between the hours of 10:00 pm. and 7:00 am. unless said occupation is contained entirely within the principal building, excluding attached garage space, and will not require any on -street parking facilities. 10) No commodity shall be sold on the premises. 11) Not over twenty-five (25) percent of any one story can be used for a home occupation. 15-87 b. Requirements -Permitted Home Occupations. 1) No person other than those who customarily reside on the premises shall be employed. 2) The general public shall not come to the premises in question for purposes pertaining to the conduct of the home occupation. 3) All permitted home occupations shall be conducted entirely within the principal dwelling, excluding attached garage space, and may not be conducted in an accessory building. c. Requirements -Special Home Occupation. 1) No person other than a resident shall conduct the home occupation. 2) Special home occupations shall be limited to only those activities of a non-residential nature which are specified as allowed by state statute or regulation such as day care group nursery or which comply with Sections a and b above, but are conducted entirely within the principal building, attached garage space, or detached accessory building. 3) Special home occupations may be allowed to accommodate their parking demand through utilization of on -street parking. In such cases where on -street parking facilities are necessary, however, the City Council shall maintain the right to establish the maximum number when and where changing conditions require additional review. 4. Non -Conforming Use. Existing home occupations lawfully existing on the date of this Ordinance may continue as non -conforming uses. They shall, however, be required to obtain permits for their continued operation. Any existing home occupation that is discontinued for a period of more than thirty (30) days, or is in violation of the Ordinance provisions under which it was initially established, shall be brought into conformity with the provisions of this Section. 5. Inspection. The City of Oak Park Heights hereby reserves the right upon issuing any home occupation permit to inspect the premises in which the occupation is being conducted to insure compliance with the provisions of this Section or any conditions additionally imposed. 1 Purpose. - ion of day care nursery facilities in these zoning regulations is to establish standards ana which day care facilities can be conducted within the City without jeopardizing the , nd general welfare of the 15-88 DRAFT MARCH 14. 2006 — PLANNING COMMISSION RECOMMENDED, New Definitions Added to Section 150 — Repeal "Home Occupation" Definition Home Based Business Any occupation or profession engaged in by an owner/occupant of a dwelling when carried on totally within a dwelling unit or in an accessory building, and entrance to the home based business is or can be obtained from within the structure. A home based business shall not be interpreted to include barber shops, beauty shops, tourist homes, restaurants, disorderly house as defined by Minnesota 13§609.33 Subdivision 1, or similar uses. Home Office Any gainful occupation or profession engaged in only by an owner and full time occupant of a dwelling when carried on totally within a dwelling unit and entrance to the home office is or can be obtained from within the structure. There shall be no business -related deliveries, no non-resident employees, no business related vehicles, no signage of any type, no external evidence of a business, no keeping of stock- in -trade and no customer visits to the site. DRAFT — March 14, 2006 (Planning Commission Recommended) Section 1115 — Home Based Businesses Subd. 1 Purpose and Intent The City of Lake Elmo recognizes the desire and/or need of some citizens to use their residence for business activities. The City also recognizes use of residences for limited business purposes, when such business use is appropriately regulated, may result in a reduction of vehicle trips on City streets as well as economic benefit to City residents. It is therefore the purpose and intent of this Section to allow the use of residences for limited business purposes while regulating such business use in a manner that precludes such business use from becoming a nuisance to neighboring residential property owners; and preserving the distinction between residential and commercial zoning districts. Subd.2 Home Based Business and Home Office Licensing responsive to this Section shall be applicable to Home Based Businesses, but not to Home Offices, as both are defined by Section 150 of this City Code. Subd. 3 Licensine Procedures Property owners conducting or proposing to conduct a Home Based Business as defined by Section 150 of the City Code shall make application for a Home Based Business License in a form prescribed by the City Administrator. The City Administrator shall make a determination regarding compliance of the Home Based Business with the standards herein prescribed within 30 days of submission of a complete license application. A decision of the City Administrator regarding the issuance of a Home Based Business may be appealed to the Board of Adjustments and Appeals as prescribed by Section 200.01 of the City Code. Subd. 4 License Fee The City Council shall, from time to time, establish a Home Based Business license fee in a sufficient amount to fully compensate the City for costs of processing the license application. Subd. 5 Term of License and Revocation/Suspension Upon issuance, a first license to conduct a Home Based Business shall remain shall remain in effect indefinitely unless suspended revoked by the City Administrator for cause. The City Administrator may suspend or revoke a Home Based Business license upon a finding that the licensee fails to comply with the Home Based Business Performance Standards specified by this Section. A decision by the City Administrator to suspend revoke a Home Based Business license may be appealed by the licensee to the Board of Adjustments and Appeals as prescribed by Section 200.01 of the City Code. Subd. 6 Home Based Business Performance Standards Review of applications for Home Based Business licensing and subsequent determinations regarding revocation of a Home Based Business license shall be based on the initial and continued compliance of a Home Based Business on the following Performance Standards: 1. Tax Class Status The property must be classified as Homestead by the Washington County Assessor. 2. Impact on Adjacent Properties The home based business shall have no adverse affect on adjacent properties due to traffic or offensive noise, light, odor, dust or other noxious substances, as may be defined elsewhere in the City Code. 3. Exterior Appearance There shall be no exterior evidence that a building is being used for any purpose other than as a residential dwelling or permitted accessory structure. 4. Number of Businesses More than one home based business is allowed, however the combined impact shall be considered when evaluating the terms of the Conditional Use Permit. 5. Residency A full-time resident of the property must conduct the business. 6. Non-resident Employees There shall be no employees on site that are not full time residents of the residence. 7. Business Vehicles A maximum of 3 business vehicles may be on site at any time. Said vehicles must be in compliance with City Code regulations regarding the maximum size of vehicles permitted to be parked in residential zones. 8. Customer Visits to Site Permitted only where specified by the Home Based Business license, and shall be limited to a maximum of 10 per day. 9. Deliveries to Site No more than six delivery/pickup trips per week. Delivery vehicles shall not be larger than a typical step van. 10. Storage Related to the Home Based Business All storage of equipment, material or stock must take place within a fully enclosed and roofed structure. 11. Off -Street Parking When customer site visits are specifically allowed by the Home Based Business license, adequate off Street Parking must be provided for customers and for those who reside on the premises. All required parking spaces shall be located on an asphalt or bituminous surface, which is in character with the surrounding neighborhood. 12. Specific Prohibitions Exterior Business use, storage, or equipment, except vehicles as otherwise regulated; signage of any type related to the Home Based Business. Any noise, odor, vibration, light, glare, and/or electromagnetic interference as defined and regulated by the City Code and State Rules or Statute. To: Lake Elmo From: Chhck'Ohlkerud MEMO (May 17, 2006 for the Meeting of May 22, 2006) nning Commission Subject: Nev Zoning Ordinance At their meetings May 2 and May 16 the City Council discussed Performance Zoning and whether they desired to have Lane Kendig return for a Council/Commission Workshop on the subject. On May 16 the Council decided to forego a workshop with Mr. Kendig. While no specific actions were taken beyond that, it also appears that the current Council does not favor further pursuing Performance Zoning as a regulatory tool in Lake Elmo. The City still needs a new zoning ordinance to both replace our out dated and abused (by amendments over 20 years) existing ordinance, and to reflect the new Comprehensive Plan. State Statute requires that a zoning ordinance (and any other city regulatory tools) must be consistent with the Comprehensive Plan within 9 months of Plan adoption. While this provision usually impacts a zoning map more than the zoning ordinance text, it also is critical that the zoning map and text be coordinated. The Metropolitan Council action accepting the Lake Elmo Plan was April 12, 2006. That means that the City must have a complimentary zoning map and text adopted by early January, 2007. Allowing 90 days (with an intervening Holiday period) for a Commission draft to move through hearings and Council deliberation, the Commission should plan on having both map and text drafts completed by October, 2006. Taking a clue from the Council's discussion/action regarding Performance Zoning, staff has requested the American Planning Association Planner's Advisory Service (of which the City is a Member) to provide one or more contemporary model zoning ordinances in the Euclidian format. The current Lake Elmo zoning ordinance is in Euclidian format (from a 1960's vintage model ordinance) although now somewhat disguised through decades of well -meant amendments. Essentially Euclidian zoning is "cook book" style, with several distinct zoning districts controlled by use lists and (sometimes arbitrary) set standards for how much, and how structures, must be situated on land. Depending on how well designed the ordinance is, use and site design non -conformities will usually result for some existing development. That will lead to applications for zoning variances. The goal in structuring a reasonable Euclidian ordinance is to minimize the volume of potential unintended non -conformities that will result from the standards. Standards should be carefully designed to address only those non -conformities that the city truly wants to see eliminated over time. Unfortunately most Euclidian format zoning ordinances are so broadly drafted that non -conformities result that are not intended by the city to be eliminated over time — endless variance actions. As soon as staff receives a model ordinance from APA we will transmit the same to the Commission (without tinkering), and we can begin our work - hopefully in June.