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HomeMy WebLinkAboutPZ MINUTES 04-26-21 / City of Lake Elmo Planning Commission Meeting Minutes of April 26, 2021 Commission Chair Risner called to order the meeting of the Lake Elmo Planning Commission at 7:00 p.m. COMMISSIONERS PRESENT: Risner, Graen, Mueller Steil, Weeks COMMISSIONERS ABSENT: none STAFF PRESENT: Planning Director Roberts, City Planner Ben Prchal Pledge of Allegiance at 7:00 PM Approve Agenda: M/S/P: Steil/Weeks moved to approve the agenda. Vote: 5-0, motion carried unanimously. Approve Minutes: M/S/P: Weeks/Risner moved to approve the Planning Commission minutes of April 12th, 2021. Vote: 5-0, motion carried unanimously. Public Hearings: FRONT YARD SETBACK VARIANCE: Request is for a front yard setback variance to build a detached accessory building (a garage) in the front yard. The proposed garage would be located between the existing house and 32nd Street for the property located at 11075 32nd Street North. City Planner Ben Prchal gave the staff report. He explained that the applicant would like to place the accessory structure closer to the front lot line than the home for several reasons. If the garage was located in the rear yard there would be issues with accessing the building, the structure also could not meet both the setback requirement from the OHWL and top of bluff, and the septic system is also located in the rear yard. Prchal also explained that the property will soon connect to City sewer services (once they are available). The survey also shows a slope towards the water that would make construction difficult. Planner Prchal explained that based on all these factors, Staff has determined the rear yard would be a less ideal location for the accessory building. He also noted that given the size of the front yard it would appear that the accessory building could go in multiple locations. However, after visiting the site, Staff noted the applicant has chosen a good location for their building. Prchal also explained the applicants would like to build the structure on an already flat piece of ground and they have located the building between the water and sewer utility connections that will be servicing the property. Placing the structure in another location, perhaps closer to the home, would require additional grading. Applicant Amy Knowlan stated that they would be adding trees along the street to help camouflage the new structure. There were two neighbors that requested that this variance not be approved. They did not attend the public hearing. Commissioner Risner opened the public hearing at 7:18 PM There were no comments from the public. Commissioner Risner closed the public hearing at 7:19 PM. M/S/P: Steil/Weeks moved to recommend approval of the variance request to locate an accessory building closer to the front lot line than the principle building for the property at 11075 32nd St. with recommended findings and conditions of approval”. Vote: 5-0, motion carried unanimously. SETBACK VARAINCE: Request is for a setback variance from the ordinary high water level (OHWL) of Lake Jane to construct a new sport court 63 feet from the OHWL. This proposed location requires a 37 foot setback variance and is for the property located at 8950 Lake Jane Trail. City Planner Ben Prchal gave staff report. He explained that in 2002, the previous owners of the property requested and received approval of variances to build the existing home on the property. These variances were from the front right-of-way (ROW) as well as the Ordinary High Water Level (OHWL) of the lake. Mr. Prchal told the Commission that Steve and Haley Meisterling are now the owners of the property and in 2020 they requested the City Council amend the conditions outlined in the original approving resolution to build the home. The Council approved their request and conditions 2-7 and 9 were removed as well as the covenants that further regulated the property (2020). Planner Prchal noted that with those conditions removed the property is now regulated to the same degree as other lake lots. He went on to explain that the property owners have now requested permission from the City to install a sport court on their property. With the property being a lake shore lot, there are minimum setbacks from the high water line (OHWL) that improvements are required to meet. Applicant Steve Meisterling added that two more neighbors are in agreement with the other two neighbors that requested that this variance be approved. Commissioner Risner opened the public hearing at 7:39 PM. There were no comments from the public. Commissioner Risner closed the public hearing at 7:39 PM. M/S/P: Graen/Mueller moved to recommend approval of a 63 foot setback variance from the OHWL of Lake Jane for the installation of a sport court on the property addressed as 8950 Lake Jane Trail with recommended findings and conditions of approval. Vote: 5-0, motion carried unanimously. REGISTERED LAND SURVEY: The City of Lake Elmo, in conjunction with Mr. Joseph Wallace, the owner of the property located 10920 32nd Street North, are requesting City approval of a registered land survey (RLS). This RLS will divide the existing property into two separate parcels for tax and identification purposes. Planning Director Roberts gave staff report. He explained that the City of Lake Elmo Engineering staff, in conjunction with the property owner, Mr. Wallace, are requesting City approval of an RLS to split the property with the address of 10920 32nd Street North in to two separate parcels. The proposed subdivision will result in the creation of one 0.33-acre (14,371 square-foot) parcel (Tract A) on which the existing house (10920 32nd Street North) is located and second 0.26 (11,489 square-foot) parcel (Tract B) which includes parts of Upper 33rd Street Lane right-of-way. Director Roberts noted that this request would not create any additional building sites. He also explained that City approval of an RLS is required in this case because the property in question is Torrens property (not Abstract) and that City staff is making this request to allow the City to purchase proposed Tract B from Mr. Wallace as it includes parts of Upper 33rd Street Lane North. This proposal was prompted by the City Council’s recent approval of the Old Village Phase 5 and 6 Public Improvement Project for this part of Lake Elmo. Commissioner Risner opened the public hearing at 7:50 PM. No comments from the public. Commissioner Risner closed the public hearing at 7:50 PM. M/S/P: Weeks/Steil moved to recommended approval of proposed Registered Land Survey No. 131 for the property located at 10920 32nd Street N. Vote: 5-0, motion carried unanimously. New/Unfinished Business a. None Communications/Updates City Council Update meeting – No Planning Commission Items meeting -2 Variances, RLS, Airport Zoning Ordinance Staff Updates - Still looking for two Planning Commissioners. Upcoming PC Meetings: May 10, 2021 May 24, 2021. M/S/P: Risner/Weeks moved adjourn the meeting. Vote: 5-0, motion carried unanimously. Meeting adjourned at 7:56 PM. Respectfully submitted, Diane Wendt Permit Technician