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.