HomeMy WebLinkAbout09-14-09 PZMAPPROVED AS AMENDED; 10-26-2009
City of Lake Elmo
Planning Commission Meeting
Minutes of September 14, 2009
Chairman Van Zandt called to order the meeting of the Lake Elmo Planning Commission
at 7:00 p.m. COMMISSIONERS PRESENT: Anderson, Bidon, Britz, Fliflet (7:03),
Hall, Pearson, Van Zandt, Williams, and Ziertman. Absent: McGinnis and Van Erem.
STAFF PRESENT: Planning Director Klatt and Planner Matzek.
Agenda
M/S/P, Williams/Anderson to approve the agenda as presented. Vote 8:0.
Minutes – June 8, 2009
M/S/P, Hall/Bidon to approve the minutes as presented. Vote 8:0.
Public Hearing: Variance for 8199 Hill Trail North
Planning Director Klatt introduced the variance application for construction of a 147
square-foot addition and related breezeway to the house which increases the non-
conforming impervious surface coverage at 8199 Hill Trail North. Although the original
application included a variance for a deck, staff found that the deck would be permitted
without a variance. Staff is recommending approval of the application with two
conditions.
Commissioner Hall asked how storm water is managed on that corner of the house.
Greg Lohmer, applicant
Mr. Lohmer stated that there are gutters directing the water. He said his house was built
in 1972 and a number of internal remodels have been done. He would like to upgrade
and remodel the bedroom to be more accommodating for him as he ages, which is why
the expansion is in the proposed location.
Commissioner Williams asked if part of the sidewalk could be removed. He said he does
not see a hardship and would like to see the variance further minimized.
Mr. Lohmer said the existing stairs will stay, but the sidewalk will be covered by the
addition.
THE CHAIRMAN OPENED THE PUBLIC HEARING AT 7:32 P.M.
No one spoke.
Planning Director Klatt said a neighbor, Mr. Dillon wrote to staff with his support of the
application as he was unable to attend the meeting. Mr. Dillon said his primary concern
was with water drainage as there were past issues with water draining onto the cul-de-sac.
THE CHAIRMAN CLOSED THE PUBLIC HEARING AT 7:34 P.M.
Lake Elmo Planning Commission Minutes; 9-14-09
APPROVED AS AMENDED; 10-26-2009
M/S/P, Ziertman/Fliflet, move to recommend approval of the variance request.
Commissioner Williams proposed an amendment to the motion to add the condition that
the sidewalk would be removed up to the existing top step.
Straw vote of amendment denied with a vote of 1:7.
Vote: 8:1.
Public Hearing: Conditional Use Permit Amendment; Country Sun Farm & Greenhouse
Planner Matzek briefly identified the application and said that the applicant has requested
the application be tabled to further discussion options with city staff.
THE CHAIRMAN OPENED THE PUBLIC HEARING AT 7:55 P.M.
M/S/P, Fliflet/Williams, move to table application to September 28th meeting. Vote: 9:0.
Public Hearing: Zoning Text Amendment; Permitted Encroachments
Planner Matzek introduced the proposed text amendment. The City Council directed
staff to bring to the commission language to consider allowing covered porches into front
yard setbacks.
Commissioner Ziertman asked why the text proposes allowing the covered porches six
feet into the setback and not a percentage of the setback in the zoning district.
Planner Matzek stated that the setbacks vary so widely in different zoning districts and
there may be some non-conforming structures already within the setback which may
cause confusion.
Commissioner Fliflet asked that a second sentence be added to clarify that the
encroachment was not permitted in a side yard setback.
THE CHAIRMAN OPENED THE PUBLIC HEARING AT 8:10 P.M.
No one spoke.
THE CHAIRMAN CLOSED THE PUBLIC HEARING AT 8:10 P.M.
M/S/P, Fliflet/Williams, move to approve staff recommended language and to add a
second sentence clarifying the encroachment is not permitted in the side yard setback.
Planning Director Klatt suggested that low decks be added as well.
Motion amended – Fliflet/Williams to include patios and decks where the language was
struck. Vote 9:0.
Lake Elmo Planning Commission Minutes; 9-14-09
APPROVED AS AMENDED; 10-26-2009
Business Item: Sanctuary Landscape Plan Revision
Planning Director Klatt said that the developer in the St. Croix’s Sanctuary development
was found in default and the city is working to close out the development. The city has a
financial guarantee remaining, but it will not fully cover the remaining items. A revised
landscape plan is proposed which would be less expensive that the existing residents in
the development are agreeable to.
Amanda Clementson, a designer with Landscape Architecture, Inc. presented the original
landscaped plan, the history, and the revised plan.
Commissioner Hall asked if the city would consider changing the ordinance to allow
more flexibility for landscaping in the future.
Planning Director Klatt said the commission has the authority to make that
recommendation to the council.
Chairman Van Zandt suggested looking for other money available to assist in the
landscaping, such as money from the county for buckthorn removal.
Commissioner Williams suggested planting smaller trees in larger quantities as they will
grow larger later.
Ms. Clementson said the warrantee only protects the trees for a finite time and the larger
trees are less desirable by deer for rubbing, which many times lead to the trees dying.
M/S/P, Anderson/Ziertman, move to recommend approval of revised landscape plan for
St. Croix’s Sanctuary.
Discussion:
Commissioner Fliflet suggested removing the language “and clustered along lot lines.”
Commissioners Anderson and Ziertman agreed to the amendment.
Commission Williams suggested the paragraph clarify that “the two trees per building
site shall be provided in the front yard.” Vote 9:0.
Commissioner Williams suggested it be clarified that the builder or homeowner is
responsible for adding the trees to the lot. Vote: 9:0.
Vote: 9.0 on original vote.
Business Items: Buffer Setbacks in Open Space Preservation Developments
Planner Matzek introduced the item and provided staff’s recommendation for the
developments of St. Croix’s Sanctuary, Discover Crossing, and Whistling Valley I.
Lake Elmo Planning Commission Minutes; 9-14-09
APPROVED AS AMENDED; 10-26-2009
Lake Elmo Planning Commission Minutes; 9-14-09
M/S/P, Ziertman/Fliflet, move to recommend buffer setbacks of 100 feet from the East,
50 feet from the South, 50 feet from the West, and 200 feet from the North at the St.
Croix’s Sanctuary development. Vote 8:1. Commissioner Bidon voted against.
M/S/P, Bidon/Britz, move to recommend buffer setbacks of 100 feet from the East, 100
feet from the South, 200 feet from the North, and 50 feet from the West at the Discover
Crossing development. Vote: 9:0.
M/S/P, Williams/Anderson, move to recommend buffer setbacks of 0 feet from the East,
North, and West; 200 feet from the South at Whistling Valley I development. Vote: 9:0.
M/S/P, Williams/Ziertman, to recommend staff be directed to bring forward a suggested
rear yard setback in the OP developments. Vote: 9:0.
The commission tabled the remaining parts of the item.
Business Items: Economic Development Activities
The commission tabled the item.
City Council Updates
The items were tabled.
Councilmember Brett Emmons introduced himself.
Meeting adjourned 10:01 p.m.
Respectfully submitted,
Kelli Matzek
Planner