HomeMy WebLinkAboutPZ Minutes; 03-22-10APPROVED ON 4-26-10
City of Lake Elmo
Planning Commission Meeting
Minutes of March 22, 2010
Chairman Van Zandt called to order the meeting of the Lake Elmo Planning Commission
at 7:00 p.m. COMMISSIONERS PRESENT: Bidon, Britz, Fliflet, Hall, Van Erem, Van
Zandt, Williams, and Ziertman. Absent: Pearson, Pelletier and McGinnis. STAFF
PRESENT: Planning Director Klatt, Planner Matzek, and Planning Intern Bailey
Agenda
M/S/P, Britz/Hall, to approve the agenda as presented. Vote: 8:0.
Minutes – March 8, 2010
Commissioner Van Erem clarified that she abstained for the February 8th minutes as she
was absent for that meeting.
M/S/P, Williams/Ziertman, move to approve as amended. Vote: 7:0. Hall abstained.
Public Hearing: Eder’s Century Pines Subdivision
Planner Klatt said the applicants have requested the application be tabled as they would
like to make a minor amendment to the application. He asked the commission to table
the application to the April 12th meeting.
THE CHAIRMAN OPENED THE PUBLIC HEARING AT 7:04 P.M.
No one spoke.
THE CHAIRMAN CLOSED THE PUBLIC HEARING AT 7:04 P.M.
M/S/P, move to table the application. Vote: 8:0.
Business Item: Home Occupation Ordinance
Planning Intern Bailey identified that home occupations in Lake Elmo are currently
regulated through the definition in city code. She gave information on national trends
and gave a history of the work done to revise the ordinance at the city. The draft
ordinance for review was drafted largely from the Oak Park Heights model.
Commissioner Fliflet asked if a six square foot sign was allowed and confirmed with
Planning Director Klatt that the sign code would be changed if it was decided no external
signage were allowed for the home occupation.
Planning Intern Bailey asked the commission to discuss if a permit should be required for
the home occupations that are not visible from outside the home and if a special use
permit or a conditional use permit should be required for those businesses that meet a
certain threshold.
Planning Commission Minutes; 3-22-10
APPROVED ON 4-26-10
Commissioner Ziertman said she thinks home offices should not be required to have a
permit, but once there are deliveries and employees at the site, then a permit should be
required. She suggested a two year renewable permit with a minimal renewal fee.
Commissioner Fliflet asked why there is only one definition when two were provided in a
previous draft.
Planning Intern Bailey said that items b and c under the general provisions regulate the
intensity of the use.
Commissioner Williams asked what the advantages to having a permit system would be.
Planning Director Klatt said it is helpful for planning purposes to identify which
neighborhoods are more conducive to home occupations and it gives people an
opportunity to know the city’s regulations so there is not confusion. He said it is also
beneficial to have in writing what a resident is asking to do.
Commissioner Fliflet said that no permit or registration should be required if a person
works from home occasionally.
Commissioner Ziertman suggested limiting the storage space allowed as it should be
accessory to use of a dwelling.
Chairman Van Zandt called for a straw poll to see if the commission agreed that if
someone is working from home, it would not be considered a home occupation. The
commission agreed unanimously.
Chairman Van Zandt took a straw poll to see if the commission agreed that the amount of
internal space used for the home occupation should not be regulated. Seven of the eight
commissioners agreed – Ziertman opposed.
Commissioner Williams pointed out that the proposed code definition says “clearly
incidental and secondary to use” which means it must to be less than fifty percent.
Commissioner Fliflet said number two in the original draft ordinance should be revised to
say “home based businesses shall have no adverse impacts including but not limited
to…” She said she sees no reason to abandon the draft ordinance that was created years
ago.
Chairman Van Zandt asked for a straw poll to see if the commission felt no signage
should be allowed. One commissioner was for allowing signage, the other seven were
against it.
Ordinance Status Updates: Agricultural Sales and Accessory Buildings/Exterior
Storage
Planning Commission Minutes; 3-22-10
APPROVED ON 4-26-10
Planning Commission Minutes; 3-22-10
Planning Director Klatt said he has tried to make contact with the businesses in Lake
Elmo that do agricultural sales in order to meet and discuss the uses on the site and get
their input for a future ordinance revision. He said the exterior storage ordinance and
accessory building ordinance revisions proposed will be reviewed at the same time.
Council Updates
Planning Director Klatt said that on March 9th, the City Council listened to a presentation
from Embrace Open Space regarding its intrinsic value for homes around open space.
Adjournment:
The meeting was adjourned 8:45 p.m.
Respectfully submitted,
Kelli Matzek
Planner