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HomeMy WebLinkAbout03-26-07 PZMau m LAKE City of Lake Elmo AEL hA I 3800 Laverne Avenue North Lake Elmo, Minnesota 55042 (651) 777-5510 Fax: (651) 777-9615 Www.LakeElmo.Ora NOTICE OF MEETING The City of Lake Elmo Planning Commission will conduct a meeting on Monday, March 26, 2007, at 7:00 p.m. AGENDA 1. Pledge of Allegiance 2. Approve Agenda 3. Approve Minutes a. February 26, 2007 4. PUBLIC HEARING: A variance application to allow a private off -site septic system on less than 1 acre at Lot 11, Block 1, Ruth's 1st Addition, located off Klondike Avenue North. 5. PUBLIC HEARING: The repeal of ordinance 97-167 regarding commercial outdoor social events. 6. City Council Updates a. March 13 — Temporary Signs for Home Sales b. March 20 — 3200 Lake Elmo Avenue; Minor Subdivision, Variance application tabled c. March 21 — Village Area Master Plan Open House — Oakland Jr. H.S. 6:30 — 9:00 7. Informational Item a. Park Commission comments on Village Area Master Plan 8. Adjourn APPROVED 5-14-07 City of Lake Elmo Planning Commission Meeting Minutes of March 26, 2007 Chairman Ptacek called to order the meeting of the Lake Elmo Planning Commission at 7:00 p.m. COMMISSIONERS PRESENT: Ptacek, Lyzenga, Pelletier, Deziel, Schneider, Fliflet, Roth, Armstrong, Helwig, Van Zandt, and McGinnis (7:05). STAFF PRESENT: Senior Planner Gozola and Planner Matzek. Agenda M/S/P, Helwig/Armstrong to approve the agenda as presented. Vote: 9:0. Minutes M/S/P, Helwig/Van Zandt to approve the minutes of February 26, 2007 as presented. Vote: 8:0:1, Helwig abstained due to absence. Public Hearing: Variance; XXXX Klondike Avenue Senior Planner Gozola introduced the application for two variances to allow for the construction of an off -site septic facility for a proposed new home on Lot 11, Block 1, Ruth's 1st Addition to Lake Elmo. Mr. Bush is requesting a variance from the one acre minimum septic system requirement and to allow the septic system off -site. The watershed district suggested conditions for the application and the DNR commented that other parcels nearby may want to share a septic system. The parcel on the east side of Klondike Avenue is not included in the area identified in the Comprehensive Plan for sewer, whereas the parcel across the street upon which the septic system will be located is within the area designated for future sewer. Mr. Gozola stated that any and all requirements of the Engineer should be a part of an approval for this application. Staff is recommending approval. Commissioner Deziel asked if the combination of lot A and the proposed easement on lot B greater than 1.5 acres. Senior Planner Gozola stated that as a whole it is greater than 1.5 acres, but much of the lakeshore lot is actually underwater. Commissioner Deziel stated that a one acre lot is allowed to be built on as outlined in code. Senior Planner Gozola identified a regulation in code that established a 60 percent rule. However, there is a section of code identifying a one acre site for septic as well. Commissioner Roth identified that this lot may realistically be eligible for sewer in the future. Joe Bush, applicant The previous city planner knew it the site had difficulties. They had discussed waiting Lake Elmo Planning Commission Meeting Minutes of March 26, 2007 APPROVED 5-14-07 for holding tanks as waiting for city sewer was not preferable. He had the property percolated and had a septic system designed for that location. This allowed for two locations (primary and secondary) for septic in the easement. He brought this back to the Planner at that time. He went and had a document recorded at the County. He thought the previous Planner was on board with this. He talked to a City Council member and kind of indicated they were surprised this lot wasn't included in the future sewer area. Chairman Ptacek said he had read the previous planner's letter to the applicant and it states that he did not have any diagrams in front of him at that time. The Planning Commission is not able to redraw the Comprehensive Plan sewer line at this time. Joe Bush stated that if he redrew the easement to make it one acre on Lot B and put both septic systems for the two lots in that easement, it would meet the requirements for both Lot A and Lot B. Senior Planner Gozola identified this as a grey area. There are shared septic areas elsewhere in the City, but he would like to talk to other staff before he makes a comment. THE CHAIRMAN OPENED THE PUBLIC HEARING AT 7:30 P.M. No one spoke. THE CHAIRMAN CLOSED THE PUBLIC HEARING AT 7:31 P.M. M/S Roth/Armstrong to table the application. Joe Bush asked if the intent to table was because the commission did not want to vote on the less than one acre septic requirement. If that is the case, please disregard that variance and he would like to continue forward. Commissioner Roth withdrew his motion. M/S/P Deziel/Van Zandt to approve the variance application for the off -site septic system and denial of the variance from the one acre septic size requirement. Vote: 9:0. Public Hearing: Repeal of Commercial Social Outdoor Events Planner Matzek stated that this has been a much discussed item both before the Planning Commission and City Council at a number of meetings in 2006. The City Council has received a number of calls with concerns about this ordinance and has asked that this ordinance be revisited. The Council would like to see the ordinance repealed. The city does not currently have an active application pertaining to this ordinance. THE CHAIRMAN OPENED THE PUBLIC HEARING AT 7:39 P.M. Kathleen Haggard, 12154 Marquess Ln She was trying to keep her comments broad and look at the ordinance as a whole. She understands this ordinance could be for quaint weddings, but she has concern with what could happen. The original intent might be good, but the next person might not be. She Lake Elmo Planning Commission Meeting Minutes of March 26, 2007 APPROVED 5-14-07 asked if this could include camping, cage fighting or other large scale events. The ordinance is too vague. The event could be held on a small area of the property next to residential properties as there is no distance requirement. Events could be held two or three nights a week, every weekend, when she would like to be out enjoying her yard. Neighbors told her they could hear music in their house with the windows and doors shut with a neighbor's gathering last summer. The ordinance does not mention security and the Washington County sheriff may be called and taxpayers would have to pay for it. The noise ordinance may be difficult to enforce. There is a safety concern with high volumes of traffic. There is no mention of alcohol and how much is appropriate. There is no requirement for the property owner to be on site at the time of an event. Scott Johnson, 12211 Marquess Ln He has concerns about safety as there is the potential for alcohol to be present at the events. The number of people allowed could mean a lot of trips adjacent to residential neighborhoods. Mr. Johnson asked who is going to be enforcing those permits regarding alcohol. A neighbor could be 50 feet away from a social event of 250 people - this could take away the rural character of Lake Elmo. Carol Palmquist, 12202 55`h Street, Stillwater Ms. Palmquist said she is the only vineyard in Lake Elmo. A year ago a winery approached her and asked her if she would consider holding weddings in her vineyard. She checked with the previous planner. She submitted an application for a CUP with a non-refundable check, which she later withdrew. The check was returned. This was not ever intended to be something that goes late into the night. She had two events at her vineyard last summer as favors. One wedding had a cello and a violin. A neighbor said she could hear it the music and that her children play on a trail in the area. The neighbor said she was afraid her children would be hit by a car. Ms. Palmquist said she spent hours on the CUP application. She does not feel like she was treated respectfully. Many of the issues brought up by the previous residents were previously covered by the Planning Commission and City Council. She was not informed of it being brought to the Council and does not like how it was handled. Ben reads the letter handed out by Kathleen Haggard from neighbor Donna Sloan into the record. THE CHAIRMAN CLOSED THE PUBLIC HEARING AT 7:59 P.M. Commissioner Schneider asked how alcohol was addressed. Planner Matzek said that an alcohol license would need to be applied for. Commissioner Fliflet said she understands the possibilities of what could happen with events, but would like to know what the other two events were that were brought up. Kathleen Haggard, 12154 Marquess Ln Lake Elmo Planning Commission Meeting Minutes of March 26, 2007 APPROVED 5-14-07 Her neighbor, Donna Sloan who wrote the letter said she was not aware an event was going on. Ms. Palmquist had a man directing traffic and that she could hear the music. Chairman Ptacek stated this was hear -say. The commission should address the ordinance and not the instances of what happened. Commissioner Armstrong said the ordinance applies to the whole city. The city should consider when a property owner has an idea to utilize large acreage that would help them keep the acreage and preserve the rural character. Though it is not a perfect ordinance, a lot of time was spent on the standards. All the issues brought up were previously addressed at the Planning Commission meeting. He would suggest tabling the item and adding it into their work plan. Commissioner Fliflet said specific issues could be addressed at the time the CUP applications are submitted. Senior Planner Gozola clarified that the City Council is looking for a recommendation. Staff also has been proactive in trying to contact Carol Palmquist. The city has the ability to deny any requests that do not meet all the requirements of a CUP. Armstrong — in definitions could identify what is included as a Commercial Social Outdoor Event; there was talk about it, but might not have gotten to that part Pelletier — we need to protect our new neighborhoods; if they were to tweak the wording it might address a lot of the concerns; there is a fine line between protecting rural M/S/P Helwig/Pelletier recommend approval of a nine month moratorium on Commercial Social Outdoor Events to do further study. Vote: 6:3. City Council Updates Planner Matzek stated that there was discussion at a council workshop about temporary signs for home sales and it was thought to be appropriate for the commission to address this topic under signs in the work plan. At the March 30th council meeting, the minor subdivision and variance application for 3200 Lake Elmo Avenue was tabled. A village area master plan open house was held at Oakland Junior High School on March 21st Informational Item The Park Commission comments on the Village Area Master Plan were included in the packet as an informational item. Adjourned at 8:29 p.m. Respectfully submi Kelli Matzek Planner Lake Elmo Planning Commission Meeting Minutes of March 26, 2007