HomeMy WebLinkAboutPZ Minutes; 03-08-10APPROVED
City of Lake Elmo
Planning Commission Meeting
Minutes of March 8, 2010
Chairman Van Zandt called to order the meeting of the Lake Elmo Planning Commission
at 7:01 p.m. COMMISSIONERS PRESENT: Bidon, Britz, Fliflet, Pearson, Van Zandt,
Williams, McGinnis, Van Erem, and Ziertman. Absent: Hall; STAFF PRESENT:
Planning Director Klatt, Planning Intern Bailey
Agenda
M/S/P to approve the agenda as presented. Vote 9:0.
Minutes – January 11, 2010
Willaims requested a correction to his statement regarding ghost platting . M/S/P,
Williams/Ziertman to approve the minutes with the correction as noted. Vote 8:0:1;
McGinnis abstained from voting.
Minutes – February 8, 2010
Pearson suggested revisions to comments he made concerning storage on lake frontage
lots. M/S/P, Fliflet/Britz to approve the minutes with the correction as noted. Vote 8:0:1;
Van Erem, abstained from voting.
Business Item: Home Occupation Ordinance Discussion
Klatt stated that the Planning Department has begun working on a revision to the City’s
Home Occupation regulations and is seeking feedback and direction from the Planning
Commission at this time. He noted that there is a history of City reviews and discussion
on this matter going back to 2004, and that Staff will need to find and document the
status of this past work.
Bailey reviewed a Staff report concerning home occupations with the Commission, and
noted the issues that should be addressed with a revision to the ordinance. The report
included a collection of model ordinances to show how other communities are regulating
home occupations.
Fliflet offered a brief summary of past actions on this subject, and noted that the Planning
Commission had conducted a public hearing in May of 2006 regarding a draft ordinance.
After a Council workshop, the ordinance came back to the Commission, which
recommended some additional changes to the draft.
Klatt noted that the Council tabled discussion on the home occupation ordinance in July
of 2006, and that it has not been brought back for further discussion.
As part of its workshop discussion, the City Council had suggested that the City review
the Oak Park Heights ordinance.
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Van Zandt commented that the economy has changed considerably since the City last
reviewed the home occupation ordinance, and that he would like to know what impact
these changes may have on home-based business. He specifically questioned how
working from home for a certain percentage of the time may or may not be regulated
under the proposed ordinance.
The Commission questioned how non-profit situations might be impacted by any
ordinance revisions.
Bidon asked how the Commission would be able to tell if an ordinance would be good for
the community. Klatt responded that for the ordinance to work, it needs to be
enforceable. He also suggested that the primary reason for regulating home occupations
is to make sure that the business use does not displace or diminish the primary use of a
home for residential purposes.
Williams recommended that different levels of activity be allowed based on the
underlying zoning, and noted that certain activities might be appropriate on a 10-acre
parcel but not on a smaller one. He asked that the Commission give consideration to the
notification requirements, and that a larger area may be needed depending on how a
neighborhood is defined.
Ziertman asked if there have been any complaints regarding home occupations in the last
four years and if there was a need to change the current code.
Van Erem requested information on home occupations that have been approved in Lake
ELmo.
Van Zandt noted the Commission’s general direction to move forward with the ordinance
revision after a review of the past materials considered by the City.
The Commission generally discussed issues associated with the use of garage and
accessory building space for home occupations.
Ziertman noted that a restriction on the use of garage space for a home occupation may
have been implemented to avoid uses that would be more likely to generate nuisance
characteristics. Flifled indicated that it should not matter if you are operating out of a
garage as long as you are able to meet the ordinance’s nuisance standards.
Klatt stated that allowing the use of accessory buildings for home occupations would
make the ordinance more difficult to regulate and limit.
Pearson asked whether or not day cares would be regulated under the proposed
ordinance. Klatt replied that day cares are permitted as a single family use, up to a
certain size, under state statutes.
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Pearson further questioned if signs would be allowed to advertise a home-based business.
Fliflet responded that the draft ordinance from 2006 would not have allowed any business
signage on the premises.
City Council Updates:
Klatt reported that the City Council had tabled its discussion on the Accessory Building
regulations and directed staff to further review changes that were recommended. Staff is
recommending that the accessory building and exterior ordinance review be submitted to
the Council at the same time. The exterior storage committee will be asked to meet after
Staff has had a chance to further review past discussions on these items.
Planning Commission Discussion:
Williams suggested that the Planning Commission should be preparing for land use
changes along the I-94 corridor, and asked if the Commission should be working on some
of these issues. Klatt responded that that City Council had discussed future land use plan
updates during its recent retreat, and that Staff should be receiving a summary of this
discussion soon.
Adjournment:
The meeting was adjourned 8:14 p.m.
Respectfully submitted,
Kyle Klatt
Planning Director