HomeMy WebLinkAbout08-27-07 PZMLAKE
E
JOELMO
City of Lake El
3800 Laverne Avenue North
Lake Elmo, Minnesota 55042
(651) 777-5510 Fax: (651) 777-9615
Www.LakeElmo Oro
NOTICE OF MEETING
The City of Lake Elmo
Planning Commission will conduct a meeting on
Monday, August 27, 2007, at 7:00 p.m.
AGENDA
1. Pledge of Allegiance
2. Approve Agenda
3. Approve Minutes
a. July 23, 2007
4. Public Hearings:
a. ZONING CODE TEXT AMENDMENT: Review of an ordinance to permit
pool covers as an acceptable safety alternative to fencing.
b. VARIANCE: Application from Paul Mencke for lakeshore and side yard
setback variances to allow construction of a second story addition on a legally
nonconforming home at 8838 Lake Jane Trail — R1 zoning —.PID 09-029-21-
41-0015.
5. Business Items:
a. ZONING CODE TEXT AMENDMENT: Initial review of information on
LCD Billboard signs and options for regulating this new technology.
6. Informational Items:
a. City Council Verbal Updates
i. August 21 — Site disposal options from the PCA
ii. August 21 — Sexually Oriented Businesses Ordinance approved
iii. August 21 — New website
7. Adjourn
APPROVED 10-10-07
City of Lake Elmo
Planning Commission Meeting
Minutes of August 27, 2007
Chairman Ptacek called to order the meeting of the Lake Elmo Planning Commission at
7:00 p.m. COMMISSIONERS PRESENT: Ptacek, McGinnis, Van Zandt, Lyzenga,
Pelletier, Roth, Fliflet, Helwig, and Deziel (7:16). STAFF PRESENT: Senior Planner
Gozola and Planner Matzek.
Pledge of Allegiance
Agenda
M/S/P, Helwig/Van Zandt to accept the agenda as presented. Vote: 8:0.
Minutes
M/S/P, Helwig/Lyzenga approve the minutes of July 23, 2007 as presented.
Commissioners Roth, Fliflet, and Ptacek abstained.
PUBLIC HEARING: Zoning Code Text Amendment; Pool Barriers
Senior Planner Gozola stated that fences are a typical requirement, but are not required
by the State. Cities individually set safety standards. He said the current code requires a
fence with specific requirements. He stated it is common in other similar sized
communities to require fences, a few communities that leave it up to the citizens, and still
other cities offer ASTM Certified Pool Covers as an option. They also may include
alarms or pumps. Senior Planner Gozola said if pool covers are approved as an option,
he would recommend requiring ASTM approved material with an automatic cover and a
pump to remove water accumulated on top of the cover. He said there is not an easy
answer as neither a fence nor a pool cover is fool proof.
Commissioner Deziel asked Senior Planner Gozola if he found verification that no one
had died with a pool cover as provided in earlier literature.
Senior Planner Gozola said that he had not found statistics one way or the other.
THE CHAIRMAN OPENED THE PUBLIC HEARING AT 7:17 P.M.
Mark Wallace, 5791 Highlands Trl
Mr. Wallace said that he has an existing pool with a cover. He was originally told by the
insurance company that the pool cover was not acceptable, but after looking into it, said
they would accept it. Mr. Wallace stated that many other cities allow covers so other
insurance companies allow it as well.
Jean Fleming, 8047 22"d Ct. N
Ms. Fleming said that while she does not own a pool, there are unsafe pools in her
neighborhood. She stated that children's safety is the most important aspect. She
researched many agencies and found that sixty-nine percent of children who drowned
were not expected to be in the water at that time. She said that the second leading cause
DRAFT
of children's death is pool drownings. Ms. Fleming said the American Academy of
Pediatrics states that a fence should be installed around a pool. She said she spoke with
zoning people at the Minnesota State Fair who said they would not recommend allowing
pool covers.
John Ames, 9799 51 St Street
Mr. Ames said he is considering building a pool. He said he thinks it is appropriate that
codes change as technology changes. He said that people need to pay attention around
pools. Children can be inside a fence and a parent can go inside the house and leave a
child exposed to the water. He stated that a pool cover is a complete barrier while a fence
is not. An ordinance can not mandate responsible parents.
THE CHAIRMAN CLOSED THE PUBLIC HEARING AT 7:27 P.M.
Commissioner Fliflet said neither fences nor pool covers are perfect barriers, both have
drawbacks. She suggested changing the ordinance to require the fence to be separate
from the house. She stated that pool covers did not exist when the current ordinance was
drafted. She said she favored pool covers if she had to choose, but suggested considering
requiring both a pool cover and a fence for safety. She would support an either/or
ordinance.
Commissioner Van Zandt said the ordinance should be written to protect the neighbors
and non -family members.
Commissioner Helwig suggested looking at requiring a pool to be entirely fenced off
from the house. He said he would like to see both a cover and a fence required, but that it
might be a burden to the homeowner. He suggested that a fence be a priority with the
option of a pool cover.
M/S/F, Fliflet/Deziel, motion to be a forefront in safety and require both fencing and a
pool cover for in -ground pools. Vote: 4:5.
M/S/F, Roth/Deziel, motion to accept the ordinance as presented by staff with an
either/or option with two text changes: to include all in -ground pools and to eliminate the
term "gate" and use "point of entry" to reference all points of entry which shall be self -
closing. Vote: 3:6.
M/S/F, Fliflet/Van Zandt, motion to support the ordinance as presented by staff with an
either/or option, but adding a requirement that all points of entry shall be equipped with
gates. If a fence is chosen as the barrier and the pool is not fenced off entirely from
house, then the pool will also be required to have a pool cover. Vote: 3:6.
M/S/P, Ptacek/Deziel, motion that the code be amended from the existing language to
include "in ground pools," to require fences around four sides of a pool, and that any
entrance point shall be provided with a self -closing latch. This would include no option
for pool covers to replace fences. Vote: 5:4.
Lake Elmo Planning Commission Minutes — August 27, 2007 2
DRAFT
Dissenting votes:
Commissioner Helwig stated he would like to recognize the pool cover as an option that
is available to the owner.
Commissioner Fliflet said she fully supports the either/or option for pool covers.
Commissioner Fliflet left the meeting.
PUBLIC HEARING: Mencke Variances, 8838 Lake Jane Trail
Senior Planner Gozola said two variances were being applied for: a 29 foot variance
from the required 100 foot lakeshore setback and a 0.1 foot variance from the required 10
foot side yard setback. The applicant is seeking to build a second story to part of his non-
conforming home and will not be changing the footprint. He went through the three
variance criteria in code and his recommendation of approval.
Paul Mencke, applicant
Mr. Mencke said the lake level is maintained by a weir. He said when he was planning
the project, he was not aware he would need a variance.
THE CHAIRMAN OPENED THE PUBLIC HEARING AT 8:16 P.M.
No one spoke.
THE CHAIRMAN CLOSED THE PUBLIC HEARING AT 8:16 P.M.
M/S/P, Helwig/Roth to recommend approval of variances. Vote: 8:0
Zoning Code Text Amendment — LCD Billboard Signs
Senior Planner Gozola said a moratorium was placed on LCD billboard signs as concern
was expressed about the conversion of existing signs to LCD signs. After further review
of the existing sign code, it may not be allowed with the existing language. Two of the
three existing signs may not be large enough in size to be converted anyway. He said that
this was intended to be an information item with no recommendation needed.
Commissioner Helwig said the three legal non -conforming billboards are located on I-94
near the drive in theater, on the South side of Highway 5 across from Schiltgen's farm,
and on Highway 36 for Sunnyside Farms.
Council Updates
Senior Planner Gozola said site disposal options for the contaminated water from the
Hagberg site was discussed at the August 21st City Council meeting. The PCA will
present to the Planning Commission at a future meeting. He said that the City Council
approved the Sexually Oriented Businesses Ordinance at that meeting. He said that the
Council is also moving forward with the new website.
Commission Lyzenga was concerned about a link between the official city website and
an unofficial website with a similar name.
Lake Elmo Planning Commission Minutes — August 27, 2007 3
DRAFT
M/S/P, Lyzenga/Ptacek to terminate any links between the two websites. Vote 8:0.
Adjourned at 8:29 p.m.
Respectfully submitted,
Kelli Matzek
Planner
Lake Elmo Planning Commission Minutes — August 27, 2007 4