HomeMy WebLinkAboutPZ Minutes; 11-08-10APPROVED AS PRESENTED; 12-13-10
Lake Elmo Planning Commission Minutes; 11-8-10 1
City of Lake Elmo
Planning Commission Meeting
Minutes of November 8, 2010
Chairman Van Zandt called to order the meeting of the Lake Elmo Planning Commission
at 7:00 p.m. COMMISSIONERS PRESENT: Bidon, Britz, Hall, Pearson,
McGinnis,Van Zandt, Williams and Ziertman. Absent: Fliflet, Pelletier and Van Erem.
STAFF PRESENT: Planning Director Klatt.
Agenda
Minutes – September 13, 2010
M/S/P, Pearson/Bidon, move to approve as presented. Vote: 7:0. Williams abstained.
September 27, 2010
Commissioner Williams said “now” should be changed to “not” on page three,
“commend” should be “comment” on page five, and the lines should be removed from
the bottom of page four.
M/S/P, Williams/Ziertman, move to approve as amended. Vote: 6:0. Britz and
McGinnis abstained.
Public Hearing – OP Buffer Setback for Meyers Pineridge Development
Planning Director Klatt summarized the proposed revisions to the buffer setbacks for the
Meyers Pineridge development.
Commissioner Williams identified that a 100 foot buffer setback from the North side
would not impact existing structures.
THE CHAIRMAN OPENED THE PUBLIC HEARING AT 8:09 P.M.
No one spoke.
THE CHAIRMAN CLOSED THE PUBLIC HEARING AT 8:10 P.M.
M/S/P, Bidon/Pearson, move to recommend approval of the buffer setbacks suggested by
staff.
Commissioner Williams suggested leaving the setback at 100 feet from the North.
Vote: 7:1. Commissioner Williams voted against.
Public Hearing – Zoning Text Amendment: Addition of Rear Yard Setback and
Reference to Buffer Setback for OP Developments
Planning Director Klatt identified this as a follow up to previous work the commission
has accomplished and direction given to staff. Staff is suggesting the addition of a 15-
foot rear yard setback as all other zoning districts have a rear yard setback identified. He
APPROVED AS PRESENTED; 12-13-10
Lake Elmo Planning Commission Minutes; 11-8-10 2
said staff is also suggesting the addition of a reference to the buffer setbacks within the
chart for clarification and ease of use.
Commissioner Williams asked for the rear yard setback in other residential zoning
districts.
Planning Director Klatt said the R-1 district’s rear yard setback was 40 feet and the RR
district was 40 feet, but they are typically larger lots. He said those are setbacks for the
primary structure, but the rear yard setbacks for accessory buildings are 10 feet.
THE CHAIRMAN OPENED THE PUBLIC HEARING AT 7:21 P.M.
No one spoke.
THE CHAIRMAN CLOSED THE PUBLIC HEARING AT 7:21 P.M.
Commissioner Williams stated he believed 15 feet was too small as the R-1 zoning
district has lot sizes relatively close to that of Open Space Preservation developments and
has a 40 foot rear yard setback.
M/S/P, Williams/Hall, move to recommend approval of the suggested changes, but with a
20 foot rear yard setback.
Commission Britz suggested changing the text to “See city staff or website for individual
development requirements.”
Commissioners Williams and Hall approved the suggested change.
Vote: 8:0.
Public Hearing – Special Event Permit Ordinance
Planning Director Klatt noted that the commission discussed this item roughly a year
prior, but changes have been made to the draft since then. Mr. Klatt asked the
commission to review and consider a special event permit ordinance which regulates
temporary, outdoor privately-sponsored events open to the general public where such
event would not otherwise be permitted under the City’s zoning regulations. He said this
ordinance has been revised to allow a temporary agricultural sales business in certain
circumstances.
Commissioner Britz said the proposed text requires an application not less than 30 days
before the event, but asked if a case for an appeal occurs, would the 30 days be long
enough.
Planning Director Klatt said the 30 days is a minimum, but if there was some question
that an application may be denied, the applicant should be in talking to staff early.
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Lake Elmo Planning Commission Minutes; 11-8-10 3
Commissioner Bidon asked if there should be a minimum attendance threshold for a
required permit.
Planning Director Klatt said he thinks there is room for staff discretion to determine if a
permit is not needed. He said a private event may have a known number of people
expected to attend whereas a public event may be more difficult to judge.
Commissioner Williams identified that on page three, a Council waiver could be
requested. He asked what would happen if an event spilled outside due to the number of
people who attended.
Planning Director Klatt said that there is no way to regulate everything and there will
always be some grey areas, even with this ordinance and permit in place. He said other
regulations such as noise and odor can still be enforced, even in cases where a Special
Event Permit would not be required.
Commissioner Ziertman asked about the agricultural sales component of the Special
Event Permit. She said she thought the intent was to supplement a failed crop and was
therefore wondering why the proposed fee is higher than the regular Special Event Permit
when the review should be less intensive of staff’s time. She also asked why there are
additional requirements proposed for the agricultural sales Special Event Permit that are
not imposed upon the initial farm.
Planning Director Klatt said the Council has the ability to waive requirements. He said
staff can review the fee schedule again.
Commissioner Williams identified that the city had previously discussed administrative
fees, but on page four it references a misdemeanor under enforcement and penalties. He
asked how the administrative fees would relate to the enforcement of this ordinance.
Planning Director Klatt said he would add reference language to the appropriate section.
THE CHAIRMAN OPENED THE PUBLIC HEARING AT 7:59 P.M.
Neil Krueger, 4452 Lake Elmo Avenue
Mr. Krueger asked how the interim use permit was related to the Special Event Permit.
He asked what were the steps to sell Christmas trees at Krueger’s Christmas Tree Farm.
He said he has not been informed about the rules as they are being made and thinks it
may harm farmers’ businesses.
Planning Director Klatt said that selling materials grown on site does not require a permit
from the city, bringing in materials from off-site requires an Interim Use Permit, and a
Special Event Permit is a secondary tier to do interim sales for up to three months.
Planning Director Klatt said it is his understanding that the Krueger Christmas Tree Farm
sells what is grown on site, so Mr. Krueger would not need any permits from the city.
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Lake Elmo Planning Commission Minutes; 11-8-10 4
Mr. Krueger asked if he would need a Special Event Permit to sell wreaths and Christmas
tree stands.
Planning Director Klatt said he believes there are provisions in code that allow them to
sell those items and the Special Event Permit relates to agricultural products brought in
from off-site.
THE CHAIRMAN CLOSED THE PUBLIC HEARING AT 8:08 P.M.
Commission Williams suggested adding language to 2F1B “and playback devices.”
M/S/P, Van Zandt/Williams, move to table the ordinance to incorporate the many
changes suggested by the commission. Vote: 8:0.
Business Item – Interim Use Permit for Open Sales Lot at 9200 Hudson Boulevard
Planning Director Klatt informed the commission that this application was in front of
them at the last meeting and was tabled due to some issues the applicants wanted to
review with staff. He said staff has since met with the applicants, the attorney has
reviewed the terms and conditions of the Interim Use Permit, and it is believed there is an
agreement both sides can agree to. He summarized the application and recommended
approval of the Interim Use Permit with a few additional conditions.
Chairman Van Zandt said he visited their site, but found even vehicles that were deemed
totaled were still of nice quality and were not an eyesore.
Commissioner Pearson asked if the Interim Use Permit (IUP) would be void if the
property was sold.
Planning Director Klatt said it is possible the applicants could transfer ownership of the
business just by informing the Council at that time and would not be required to apply for
a new IUP. He said typically an IUP could be worded to end when a transfer of
ownership occurs. He said it would be likely the IUP would be revised to reflect the new
ownership.
Commissioner Britz said there may be a discrepancy in the length as in the permit
agreement it states 10 years, but the other references state 5 years.
Planning Director Klatt said it should be 10 years.
Commissioner Britz asked what was the estimated timeline for sewer being extended to
this property.
Planning Director Klatt said the Comprehensive Plan says 2015 – 2020, but it is a guess
at this time.
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Lake Elmo Planning Commission Minutes; 11-8-10 5
M/S/P, Williams/Pearson, move to recommend approval of Interim Use Permit for an
Open Sales Lot at 9200 Hudson Boulevard. Vote: 8:0.
Business Item – Election Results
Planning Director Klatt congratulated Commissioner Pearson on his election to the City
Council, which will become effective January 1st. He said Councilmember Park was
reelected and Councilmember DeLapp was not. He said Mayor Johnston was not elected
to the County Commissioner position and will finish his term as Mayor.
Business Item – Commissioner Terms
Planning Director Klatt identified five commissioner terms that are expiring at the end of
2010 with one commissioner unable to reapply for a full voting member position. He
asked the commissioners to let staff know if they were interested in reapplying.
City Council Updates
Planning Director Klatt said the Interim Use Permit and Holding District ordinances were
approved by the City Council.
Staff Updates
Planning Director Klatt asked the commission if they would like to cancel or reschedule
their December 27th meeting.
Chairman Van Zandt asked for a straw vote to cancel the second meeting of December.
There was unanimous support.
Commission Concerns
None.
Adjournment:
The meeting was adjourned at 8:31 p.m.
Respectfully submitted,
Kelli Matzek
Planner