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HomeMy WebLinkAboutPZ MINUTES 06-28-21/ City of Lake Elmo Planning Commission Meeting Minutes of June 28, 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 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/Steil moved to approve the Planning Commission minutes of May 10th, 2021. Vote: 5-0, motion carried unanimously. Public Hearings: Variances and Lot Division – 3100 Lake Elmo Avenue (Dorschner) (POSTPONED – NO REPORT AND NO PUBLIC HEARING THIS EVENING) Zoning Code Amendment – Accessory Structures (Shoreland District) Director Roberts gave the staff report and presentation. He explained that the City Council has directed Staff to consider the standards of where accessory buildings should be placed on lake shore lots. It has been noticed that many of the recent variances are on lake lots that have difficulty contending with the required setbacks for structure. Roberts noted that the City Code currently prohibits the placement of accessory structures in the front yard of a property. By setting a new standard or redefining what is and is not a front yard it will likely help eliminate the need for some variances. Director Roberts explained that amending the code would make it more conducive for residents who have tight setbacks on shoreland lots and who also would like to install an accessory building. Staff also believes the City should consider the height and possibly the size standards when accessory buildings are placed closer to the front lot line than the home. Mr. Roberts continued by noting that at this point the City Code does not differentiate between a lake shore lot and a non-lake shore lot, in terms of where the front yard is. After reviewing some recent variances it is clear that perhaps the City Code could be amended to re-define what is and what is not a “front yard” for lake shore lots. Director Roberts explained that staff found that other City’s do apply setbacks differently for lake lots. It is not uncommon in other City Codes for the lake side to be considered the front of the lot which would mean the road (street) side of the property is the rear. He noted that this change in definition would allow a detached accessory building to be located closer to the road or street than the principle structure. With the setbacks from the OHWL generally being substantially more than what is required by the zoning code it would greatly increase the options for these types of properties to place/expand their garages and accessory buildings on their sites. Director Roberts stated that staff is recommending the City make an amendment to the City Code that would consist of a notation related to the accessory building requirement, change would indicate that accessory buildings can sit closer to the front lot line/roadway than the principle structures on lake lots or in Lake Elmo’s instance “Riparian Lots.” Director Roberts also stated that the City understands the need for accessory buildings for owners of the lakeshore properties, but there is concern is with the height of the accessory buildings. In addition, if the Commission wants to recommend a reduction in height for accessory structures on riparian lots, the amendment should be added to Section 154.406 B. Structure Height, Rural Districts. Director Roberts mentioned three options that are available to the Commission for recommendation: - Recommend approval of the proposed amendments. - Recommend approval of the amendment with changes. - Recommend denial of the proposed amendments. Commissioner Graen requested adding a note about “exceptions” to wording in Section 154.406 Commissioner Weeks asked if Rural Districts Table 9-2 needs to be amended to show the setback information for lake side structures. Commissioner Risner opened the public hearing at 7:26 PM There were no comments from the public. Commissioner Risner closed the public hearing at 7:26 PM. M/S/P: Graen/Weeks motioned to recommend approval of the proposed code amendment that will allow the placement of accessory building may be placed between the principle structure and public right-of-way of properties identified as riparian lots with the amendments to the text such that after the Table 9-2 is stated “for exception and additional information” and in Table 9-2 adding the text “and following all other setbacks as listed” for approval Vote: 5-0, motion carried unanimous New/Unfinished Business Tree Preservation Ordinance Amendment Director Roberts gave the staff report and presentation. He explained that the latest proposed changes to the Lake Elmo tree preservation ordinance (dated June 28, 2021) include adding definitions and adding language that clarifies when the City will require a tree preservation plan and when the City will not require a tree preservation plan. Staff is not proposing any changes to the type or size of trees that are used for determining the amount of tree replacement or those a developer may remove or the amount of allowable tree removal on a new development or redevelopment site. Roberts also explained that staff also was originally proposing to delete some of the language in Section E 2, Reduced Mitigation for Exceptions. It is important to note that this section of the Code allows the City to approve exceptions to the tree preservation standards. The Code now includes several options the City may approve if the City wishes to grant the request of the developer to have an exception to the City tree preservation standards. Director Roberts noted that one of the relief or mitigation methods currently in the Code allows the City to require a developer or property owner to pay a fee to the City if they are unable or unwilling to meet all the tree preservation and/or replacement standards. Director Roberts mentioned three options that are available to the Commission for recommendation: - Recommend approval of the proposed changes to the tree preservation ordinance - Recommend approval of the proposed changes to the tree preservation ordinance with changes to the proposed language. - Recommend denial of the proposed changes to the tree preservation ordinance. The Commission then discussed the proposed Tree Preservation Ordinance and asked staff questions about the proposed ordinance. M/S/P: Steil/Risner moved to recommend approval of the Tree Preservation Ordinance amendments as proposed by the city staff, also to include changes to the proposed language and to include the changes in Section F-2. Vote: 4 Ayes (Risner, Weeks, Steil, Mueller) – 1 Nay (Graen). Motion passes Communications/Updates City Council Update Director Roberts gave reports and updates on the following 05-18-2021 Meeting – Union Park West and Easton Village 7th Addition Final Plat Approvals 06-01-2021 Meeting – Crossroads/Launch Properties Preliminary PUD/Preliminary Plat (Tabled) 06-15-2021 Meeting – No Planning/Land Use Items Staff Updates - Still looking for two Planning Commissioners. Upcoming PC Meetings: July 26, 2021 August 9, 2021 M/S/P: Risner/Mueller moved adjourn the meeting. Vote: 5-0, motion carried unanimously. Meeting adjourned at 8:13 PM. Respectfully submitted, Diane Wendt Permit Technician