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HomeMy WebLinkAboutPZ Agenda Packet 06-24-13 3800 Laverne Avenue North Lake Elmo, MN 55042 (651) 747-3900 www.lakeelmo.org NOTICE OF MEETING The City of Lake Elmo Planning Commission will conduct a meeting on Monday, June 24, 2013 at 7:00 p.m. AGENDA 1. Pledge of Allegiance 2. Approve Agenda 3. Approve Minutes a. June 10, 2013 4. Public Hearing a. VARIANCE – 4719 OLSON LAKE TRAIL NORTH. The Planning Commission will consider an application from Mary Florence and Thomas Brink for a Variance at 4719 Olson Lake Trail North to allow a covered porch within the 100- foot shoreland setback per the City’s Shoreland Ordinance (§150.255). b. CONDITIONAL USE PERMIT AMENDMENT AND INTERIM USE PERMIT RENEWAL – COUNTRY SUN FARM AND GREENHOUSES. The Planning Commission will consider a request from Country Sun Farm and Greenhouses to amend its existing Conditional Use Permit to allow the inclusion of children’s inflatable bouncers as part of the fall harvest sales activities at 11211 60th Street North. The Planning Commission will also review any comments received concerning an application to renew the Interim Use Permit for the Agricultural Sales Business. 5. Business a. SKETCH PLAN REVIEW – HAMMES ESTATES CONCEPT. The Planning Commission is asked to provide feedback regarding a residential Concept Plan submitted Hammes West, LLC. No formal action is required by the Planning Commission. 6. Updates a. City Council Updates i. The City Council approved the following zoning text amendments at the meeting on June 18th: • Sign Ordinance ii. The City Council postponed taking action of the following zoning text amendments at the meeting on June 18th: • Fence Ordinance • Administration and Enforcement Ordinance b. Staff Updates i. Upcoming Meetings: • July 8, 2013 • Potential special meeting to review Lennar Preliminary Plat c. Commission Concerns 7. Adjourn City of Lake Elmo Planning Commission Meeting Minutes of June 10, 2013 Chairman Williams called to order the meeting of the Lake Elmo Planning Commission at 7:01 p.m. COMMISSIONERS PRESENT: Williams, Kreimer, Morreale, Larson, Dodson and Dorschner; COMMISSIONERS ABSENT: Reeves and Haggard; and STAFF PRESENT: City Planner Johnson Approve Agenda: The Planning Commission accepted the agenda as presented. Approve Minutes: May 29, 2013 M/S/P: Williams/Dorschner to accept the minutes of May 29, 2013 as amended, Vote: 3-0, Motion Carried with Morreale, Kreimer and Dodson not voting. Public Hearing: Zoning Text Amendment – Administration and Enforcement Johnson made a presentation outlining the purpose of the zoning text amendment. He noted that the amendment is intended to revise the administration section of the Zoning Code in order to make it more straight-forward and less duplicative. It establishes the procedural elements of the Code. Changes since the last meeting include updating the interim use permit to be consistent with the rest of the Code. Interim Use Permits have a different set of criteria than Conditional Use Permits. The violation and enforcement section is updated, and the application requirements were updated as well. This code adds a zoning permit called a certificate of zoning compliance for applications that don’t fall under the jurisdiction of the State Building Code. There is a new design review procedure that will be brought back in July, but it is included in this amendment to serve as a placeholder. Planner Johnson explained what the difference is between a zoning map amendment, zoning text amendment and a variance. Johnson also explained that the ordinance is set out to provide base requirements for a large variety of applications. The informational handouts give the specifics for a wide variety of applications. Lake Elmo Planning Commission Minutes; 6-10-13 2 Dodson asked who is responsible to manage the escrow accounts as these escrows are essential to ensuring compliance. Johnson explained that the escrow accounts are managed by the finance director in conjunction with the building official. Public Hearing was reconvened at 7:43pm. No one from the public spoke. There was a letter submitted from Council Member Wally Nelson that was entered into the official written record. Williams noted that he would prefer that a super majority exist for any rezoning that is not consistent with the Comprehensive Plan. Johnson noted that a super majority vote is required for all Comprehensive Plan Amendments per State Statute. Public Hearing closed at 7:49pm. M/S/P: Kreimer/Williams, move to recommend approval of the proposed Administration and Enforcement Ordinance as amended, Vote: 6-0, Motion Carried Unanimously. Updates and Concerns City Council approved the Minor Subdivision requested by Christ Lutheran Church at 3549 Lake Elmo Avenue at the meeting on 5/29/13. City Council postponed consideration of the zoning text amendments related to the draft fence and sign ordinance at the meeting on 5/29/13 due to a lengthy agenda. They will pick up discussion of these items at the City Council Workshop on June 11, 2013. The Planning Commission was given a Lake Elmo theory of success paper from the City Council and Administrator Zuleger for their consideration. Staff notified the Planning Commission that the next meeting is scheduled for June 24, 2013. Planning Commission Training will be available on Friday and Saturday. This Webinar will be available on DVD in August. Williams suggested that all Planning Commissioners read an article in the Pioneer Press about upcoming development philosophy of Woodbury, MN. Meeting adjourned at 8:14pm Lake Elmo Planning Commission Minutes; 6-10-13 3 Respectfully submitted, Nick Johnson Planner Lake Elmo Planning Commission Minutes; 6-10-13 Planning Commission Date: 06/24/13 Item: 4a Public Hearing ITEM: Variance Request – 4719 Olson Lake Trail North SUBMITTED BY: Nick Johnson, City Planner REVIEWED BY: Kyle Klatt, Planning Director ______________________________________ SUMMARY AND ACTION REQUESTED: The City of Lake Elmo has received an application from Mary Florence Brink and Thomas Brink, 1941 Millbank Street Southeast, Grand Rapids, MI, for a variance at 4719 Olson Lake Trail North to construct a covered porch within the 100-foot shoreland setback as required by the City’s Shoreland Ordinance (§150.255). The proposed covered porch is part of a lager project to replace the existing single family home with a new home in close to the same footprint and location. BACKGROUND INFORMATION: Due to the site conditions of the property at 4719 Olson Lake Trail North, the applicants have found it to be problematic to locate the proposed porch in any other location. The site has several constraining elements, including an existing septic drainfield, steep slopes along the sides of the principal structure, and issue related to access to the detached garage. After discussing these problems with the applicants, Staff made a site visit to the property and found the constraints to be accurate. In addition, the applicants did provide a narrative to address the 4 required criteria for approving a variance. Staff reviewed these findings and found them to be reasonable and satisfactory. Greater detail regarding the review of the variance request can be found in the attached Staff report. Finally, the applicant is still working with Washington County to determine if the existing septic system is compliant according to Washington County rules. Based upon a preliminary review of the septic system, it is more than likely that the system will be deemed non-compliant. If that is the case, it is possible that the applicants will be applying for an additional variance to allow for holding tanks for a period longer than 12 months, which is a longer time period than is allowed under Washington County rules. Given that the property is in the area guided for future sewer extension in the City’s PUBLIC HEARING ITEM 4b – ACTION ITEM 2 Comprehensive Plan, the City would consider the variance request as long as the design and proposal met the approval of Washington County. Any issues or considerations pertaining to the septic system must be resolved before the issuance of a building permit. RECCOMENDATION: Staff is recommending that the Planning Commission approve the variance request with the following motion: “Move to recommend approval of the variance request at 4719 Olson Lake Trail North to allow the construction of a covered porch within the 100-foot shoreland setback based upon the findings outlined in the Staff Report.” ATTACHMENTS: 1. Staff Report 2. Variance Application w/Applicant Narrative 3. Site Plan 4. Location Map 5. Site Photos ORDER OF BUSINESS: - Introduction ...................................................................................Planning Staff - Report by Staff ..............................................................................Planning Staff - Questions from the Commission ....................... Chair & Commission Members - Open the Public Hearing ............................................................................. Chair - Close the Public Hearing ............................................................................ Chair - Discussion by the Commission ......................... Chair & Commission Members - Action by the Commission................................ Chair & Commission Members PUBLIC HEARING ITEM 4a – ACTION ITEM City of Lake Elmo Planning Department Variance Request To: Planning Commission From: Nick M. Johnson, City Planner Meeting Date: 06/24/2013 Applicant: Mary Florence Brink and Thomas W. Brink Owner: Mary Florence Brink and Thomas W. Brink Location: 4719 Olson Lake Trail Zoning: RS – Rural Single Family Introductory Information Application Summary: The City of Lake Elmo has received an application from Mary Florence Brink and Thomas Brink, 1941 Millbank Street Southeast, Grand Rapids, Michigan, for a variance to construct a single family home with a covered deck that encroaches on the 100-foot setback from the Ordinary High Water (OHW) level per the City’s Shoreland Ordinance. The proposal involves the demolition of an existing single family home, followed by the construction of a new single family home in its place. The applicant has provided a written statement to the City indicating the reason for the encroachment of the covered deck (screened porch) into the 100-foot shoreland setback. In addition, the applicant narrative addresses how the proposed variance meets the 4 required findings to grant a variance. Property Information: The property at 4719 Olson Lake Trail North (CSAH-13) is located on the western shore of Olson Lake in Lake Elmo. The attached location map details the location of the property. Applicable Codes: Section 150.255 – Shoreland Standards (D) Placement, design, and height of structures. (1) Placement. When more than 1 setback applies to a site, structures and facilities must be located to meet all setbacks. Where structures exist on the adjoining lots on both sides of a proposed building site, structure setbacks may be altered without a variance to conform to the adjoining setbacks from the ordinary high water level, provided the proposed building site is not located in a shore impact zone or in a bluff impact zone. Structures shall be located as follows. (a) Structure and on-site sewage system setbacks. Structure and on-site sewage system setbacks (in feet) from ordinary high water level. Variance Request; 4719 Olson Lake Trail N. Planning Commission Report; 6/24/13 Setbacks From OHW Classification Structures Sewage Treatment System Natural Environment 150 feet 150 feet Recreational Development 100 feet 75 feet Tributary 100 feet 75 feet Section 150. 256 Non-Conformities (2) Additions/expansions to non-conforming structures. (a) Additions/expansions. All additions or expansions to the outside dimensions of an existing nonconforming structure must meet the setback, height, and other requirements of § 150.255. Any deviation from these requirements must be authorized by a variance pursuant to § 150.253(B)(2). (b) Decks. Deck additions may be allowed without a variance to a structure not meeting the required setback from the ordinary high water level if all of the following criteria and standards are met. 1. The structure existed on the date the structure setbacks were established. 2. A thorough evaluation of the property and structure reveals no reasonable location for a deck meeting or exceeding the existing ordinary high water level setback of the structure. 3. The deck encroachment toward the ordinary high water level does not exceed 15% of the existing setback of the structure from the ordinary high water level or does not encroach closer than 30 feet, whichever is more restrictive. 4. The deck is constructed primarily of wood and is not roofed or screened. Section 150.017 Variances. (A-I) Variances. Identifies procedures and requirements for the processing and review of a variance application. Please note that this section was recently updated by the City to comply with revisions to Minnesota State Statutes. Findings & General Site Overview Site Data: Lot Size: 0.56 acres Existing Use: Single Family Detached Dwelling Existing Zoning: RS – Rural Single Family Property Identification Number (PID): 08.029.21.14.0060 Page 2 Variance Request; 4719 Olson Lake Trail N. Planning Commission Report; 6/24/13 Application Review: Variance Review: As outlined in the narrative, the applicant is seeking to build a new single family home at 4719 Olson Lake Trail North in nearly the same footprint as the existing home. The proposal includes a deck with a covered porch within the shoreland setback. The Shoreland Ordinance requires a 100’ setback for structures for recreational development lakes. It should be noted that that existing home has a deck that encroaches within the 100- foot setback from the OHW. Per the code section pertaining to non-conformities in the Shoreland District (§150.256.B.2.b.), decks are considered a permitted encroachment into the shoreland setback, as long as the encroachment does not exceed 15%. However, the reason that the proposal requires a variance is that they wish to have part of the deck covered as a screened porch, which is not allowed under the permitted encroachment of a deck. Regarding the need for a covered porch, the applicants have indicated that Thomas Brink is strongly allergic to vespids, or wasps/bees. Therefore, a covered porch on the deck would greatly increase the applicants’ ability to enjoy their property. Regarding the location of the deck, the applicant’s have stated that the existence of multiple mature oak trees prevent the screened porch from being located on the North side of the home. Staff conducted a site visit on June 18th, 2013 and confirmed the location and significant size of the trees referenced in the application. The applicants would like to preserve these mature oak trees for the screening they provide, as well as their environmental value to the property. Variance Requirements: An applicant must also establish and demonstrate compliance with the variance criteria set forth in Lake Elmo City Code Section 154.017 before an exception or modification to city code requirements can be granted. These criteria are listed below: 1. Practical Difficulties. A variance to the provision of this chapter may be granted by the Board of Adjustment upon the application by the owner of the affected property where the strict enforcement of this chapter would cause practical difficulties because of circumstances unique to the individual property under consideration and then only when it is demonstrated that such actions will be in keeping with the spirit and intent of this chapter. Definition of practical difficulties - “Practical difficulties” as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by an official control. 2. Unique Circumstances. The plight of the landowner is due to circumstances unique to the property not created by the landowner. 3. Character of locality. The proposed variance will not alter the essential character of the locality in which the property in question is located. 4. Adjacent properties and traffic. The proposed variance will not impair an Page 3 Variance Request; 4719 Olson Lake Trail N. Planning Commission Report; 6/24/13 adequate supply of light and air to property adjacent to the property in question or substantially increase the congestion of the public streets or substantially diminish or impair property values within the neighborhood. Given the information that has been submitted by the applicant and pending further review by the Planning Commission, staff would offer the following suggested findings specific to the variances that have been requested by the applicant: 1. Staff finds that the proposed use of a covered porch in the proposed location is a reasonable use of the property. Given that the applicant has an allergy to bees and wasps, a screened porch seems like a reasonable use of the property not permitted by an official control. In addition, the applicant has demonstrated that the proposed location of the porch is the most suitable location on the site given the location of the two mature oak trees. Staff determines that this criterion is met. 2. The location of the mature oak trees is a unique circumstance not created by the landowner. The applicant has also noted other physical constraints of the lot that impact their ability to site the porch in another location. After analyzing the surveys and conducting a site visit, Staff determined that the proposed location of the covered porch is the most suitable location. Staff determines that this criterion is met. 3. The applicant has noted that the architectural design of the home (and porch) will not conflict with the essential character of the neighborhood. Staff finds that the approval of the variance to allow the covered porch will not alter the character of the neighborhood. Staff determines that this criterion is met. 4. The proposed variance will not impair an adequate supply of light and air to property adjacent to the property in question or substantially increase the congestion of the public streets or substantially diminish or impair property values within the neighborhood. Staff determines that this criterion is met. Conclusions: Staff finds that the applicants have met the 4 necessary criteria for a variance and demonstrated that the desire to build a covered porch is a reasonable use of the property not permitted by an official control. Staff has reviewed the proposed location of the porch and conducted a site visit, confirming that the plight of the landowner is due to circumstances unique to the property. Staff finds that the proposed location of the covered porch is the most suitable location on the site. Conclusion: Mary Florence Brink and Thomas Brink, 1941 Millbank Street Southeast, Grand Rapids, MI, have submitted a request for a variance to construct a covered porch within the 100-foot shoreland setback at 4719 Olson Lake Trail North. The covered porch will be constructed as part of a project to construct a new single family home. Page 4 Variance Request; 4719 Olson Lake Trail N. Planning Commission Report; 6/24/13 Staff Rec: Staff is recommending that the Planning Commission recommend approval of the variance request by Mary Florence Brink and Thomas Brink given that the request meets the four criteria for a variance. Approval Motion Template: To approve the request, you may use the following motion as a guide: “Move to recommend approval of the variance request at 4719 Olson Lake Trail North to allow the construction of a covered porch within the 100-foot shoreland setback based upon the findings outlined in the Staff Report.” cc: Mary Florence Brink and Thomas Brink Page 5 OLSON LAKE LAKEDEMONTREVILLE Source: Esri, i-cubed, USDA, USGS, AEX, GeoEye, Getmapping, Aerogrid, IGN, IGP, and the GIS User Community Data Scource: Washington County, MN 6-17-2013 Location Map: 4719 Olson Lake Trail North K4719 Olson Lake Trail North Municipal Boundary 0 400 800200 Feet 1"=400' 456713 Brink Variance—4719 Olson Lake Trail North Site Visit: June 18, 2013 North side of Brink Property w/two mature oak trees North side of deck and structure Location of future covered porch View of the rear of existing home HAMMES ESTATES CONCEPT PLAN NARRATIVE June 12, 2013 The project property consists of 78 acres located along the west side of Keats Avenue North about a quarter mile south of 10th Street North. The property is owned by the Hammes Family and is being purchased by Hammes West, LLC.. The project will be developed by Hammes West LLC in conjunction with Ryland Homes. The property is currently used as a part of an active mining operation with an existing mining permit. The property is currently zoned RT, Rural Development Transitional District, and guided Low Density Residential in the Comprehensive Plan, Planned Land Use section. No change is required or requested of the Comprehensive Plan designation. The Zoning will need to be changed to LDR, Low Density Residential as a part of the Preliminary Plat process. BUFFERING/TRANSITION There is a considerable buffer required and provided to the existing neighborhood on our north and west sides. We are planning a public park with walking trails to connect to the existing and future trails for these areas. The project features 173 single family home sites. They are varied in sizes and potential home uses from the buffered areas out toward the south and east. The plan includes custom lots adjoining the existing neighborhoods. Some of the custom lots will be developed and built by the national builder associated with the project. These lots have some of the best features and will probably feature the higher home values. There are 33 custom lots that will be reserved for local specialty builders that are even larger than the majority. This transition approach is designed to accentuate the buffering that was envisioned by the City to keep the newer projects from creating negative impacts on the existing homes. DENSITY/LOTS The area used for home sites is 61.1% of the gross project area. The balance is Open Space and road right-of-way. The density of the project is 2.22 units per gross acre and 3.63 units per acre of net area. This is clearly within the density allowed in the Comprehensive Plan for this area (2.5 to 4 units of net density allowed). The average of the lots for the national builder is 11,800 square feet. The average of the lots for the specialty builders is 12,800 square feet. Minimum Lot area allowed is 8,000 square feet. All of the lots will meet or exceed the minimum standards of the LDR Low Density Residential zoning district. No variances or exceptions are anticipated. PHASING The phasing of the project is anticipated to begin with approximately one third to one half of the lots on the easterly end starting first. This corresponds with the availability of the sanitary sewer and water on the east side of the project. 6/13/2013 HAMMES ESTATES CONCEPT NARRATIVE Page 2 of 2 UTILITIES We are assured by City Staff that the new utilities should be available this fall when this project comes on line. The home sites will be served with City Sewer and City Water from the new systems that are currently under way in the construction process. The storm water facilities will be designed in accordance with the requirements of the Watershed District. New and innovative design features are anticipated to enhance the storm water system of this project. This approach is in keeping with Lake Elmo’s long standing desire to be on the cutting edge of storm water handling. STREETS/TRAILS The street design will be the (new) standard urban street section. This will feature concrete curb and gutter sections where appropriate with bituminous surfacing and sections built to the depth and thickness appropriate for the traffic anticipated. The trails shown on the plan are proposed to be bituminous surface 8 feet wide. This trail section provides for the most varied use of the trails over any other trail materials. MINING/GRADING The project will continue to be utilized as a mining operation to facilitate the removal of the materials that are stockpiled on the property. It is anticipated that some of this mining will be used to grade portions of the property for the final project grades. This is the reclamation portion of the existing mining permit. The mining operations will cease as the residential project phases become active.