HomeMy WebLinkAboutPZ Packet 08-08-11TICE OF MEETING
The City of Lake Elmo
Planning Commission will conduct a meeting on
Monday, August 8, 2011, at 7: p.m.
AGENDA
1. Pledge of Allegiance
2. Approve Agenda
3. Approve Minutes — None.
4. Public Hearings
a) VARIANCE: Consideration of a variance at 2860 Lake Elmo Avenue North
to allow septic holding tanks to be installed within the 10 foot setback to a
property line and within the 75 foot setback of the Ordinary High Waterline
for Lake Elmo.
b) VARIANCE: Consideration of an application to allow the construction of a
garage and home addition that would connect an existing detached garage to
the existing home at 2976 Lake Elmo Avenue. The variance is to allow the
new construction to be located within the 100 foot setback to the Ordinary
High Waterline for Lake Elmo and within the 30 foot setback for a bluff line.
c) INTERIM USE PERMIT: Consideration of an application to allow the sale
of agricultural produce and Christmas trees at 11211 North 60 °i Street that
were produced off site. Country Sun Farm and Greenhouses Inc is
requesting the use for ten years from the adoption date of the permit or upon
sale of the property to an outside party.
d) CONDITIONAL USE PERMIT AMENDMENT: Consideration of an
application to amend a Conditional Use Permit for Hidden Meadows
(Rockpoint Church) to allow an additional parking lot consisting of 84
parking stalls at 5825 Kelvin Avenue North.
5. Business Items (None)
6. Updates
a. City Council Updates
i. Ziertman Variance— Approved
ii. Lovett Variance — Approved
iii. Appeal of Fence Code - Approved
b. Staff Updates
c. Commission Concerns
7. Adjourn
Planning Commission
Date: 8/8/11
Public Hearing
Item: 4a
ITEM: Hold a public hearing to consider an application for a variance to allow
holding tanks to be installed for waste management purposes for more
than 12 months at 2860 Lake Elmo Avenue North within the 10 foot
setback to a property line and within the 75 foot setback of the Ordinary
High Waterline (OHW) for Lake Elmo — R -1 zoning; Shoreland District —
PID 24- 029 -21 -22 -0015.
SUBMITTED BY: Kelli Matzek, City Planner
REVIEWED BY: Kyle Klatt, Planning Director
SUMMARY AND ACTION REQUESTED: Staff is requesting the Planning Commission hold a
public hearing and consider a request for a variance to allow holding tanks to be installed up to 45
feet from the OHW for Lake Elmo and up to 2 feet from the front property line at 2860 Lake Elmo
Avenue North for more than 12 months. The applicant is trying to sell his home and is therefore
required to bring his septic system into compliance as the dry well currently on -site is not allowed.
A septic designer has stated that there is no room on -site to provide a septic system and is
therefore recommending holding tanks. Washington County (the City's septic permitting agency)
has stated that ordinances require holding tanks be a temporary measure — no longer than 12
months. This property has no other feasible alternatives for waste management.
While the City has generally granted septic variance requests, it should be considered by the City
whether this property, at just 5,908 square foot lot should continue to be used for year -round
residential purposes.
For variance applications, the burden is on the applicant to demonstrate why this situation is
unique and necessitates flexibility to code requirements. To make this case, a variance can only
be granted by the city when strict enforcement 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. The
criteria that are included in the City Code for making such a decision include the following:
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.
(1) 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.
Unique Circumstances. The plight of the landowner is due to circumstances unique to the
property not created by the landowner
Character of locality. The proposed variance will not alter the essential character of the
locality in which the property in question is located.
Adjacent properties and traffic. 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.
In reviewing the request against the four criteria listed above, staff determined that all of these
criteria were met by the applicant and is recommending approval of the request based on the
suggested findings included in the attached Staff report should the City determine that this small
lakeshore lot should continue to be used for residential purposes.
At this time, the Planning Commission is asked to conduct a public hearing for the variance
request to allow construction of two 1,500 gallon holding tanks up to 45 feet from the OHW for
Lake Elmo and up to 2 feet from the front property line. Upon conclusion of the hearing, the
commission is asked to make a recommendation to the City Council on this request.
ADDITIONAL INFORMATION:
• As of October 1, 2010, Washington County took over the septic permitting and
inspections of septic systems for the City of Lake Elmo. Although the County now
permits septic systems, the City of Lake Elmo continues to be the authority on
granting or denying variances.
• Washington County's Department of Public Health and Environment (the septic
permitting agency) has recommended against the variance as they state holding
tanks are not a long term solution and future owners, should the home be used year -
round to it's full capacity, may be pumping every two weeks.
® The Valley Branch Watershed District recommended that the elevation of the bottom
of the new sewage tanks be no lower than 893 (2 feet above the 100 -year flood
level). The septic designer has stated that the bottom elevation is planned for
approximately 888 — 5 feet lower then recommended by VBW D.
A representative from Washington County's Public Health Department will be
attending the meeting to answer any questions the Planning Commission may have
regarding the technical aspect of the permit or his professional opinion.
OPTIONS:
1. APPROVAL —Recommend approval of the variances requested to allow two holding
tanks to be constructed, but to require a document be recorded against the property
stating that holding tanks is the method of waste management on the property and
that the homeowner may need to pump those tanks frequently.
Motion — Move to recommend the City Council approve the proposed variances for
the construction of two holding tanks at 2860 Lake Elmo Avenue with conditions
outlined in the attached staff report.
2. APPROVAL — Recommend approval of the variances requested to allow two holding
tanks to be constructed, but to require that the home be used seasonally.
Motion — Move to recommend the City Council approve the proposed variances for
the construction of two holding tanks at 2860 Lake Elmo Avenue with conditions
outlined in the staff report and to add the condition that the home be used for
residential purposes for no more than _ months a year and with conditions listed
in the attached staff report.
3. DENIAL — Recommend denial of the variances requested to allow two holding tanks
to be constructed thus removing the ability to use the home for residential purposes
unless an alternate waste management system is found.
Motion — Move to recommend the City Council deny the proposed variances for the
construction of two holding tanks at 2860 Lake Elmo Avenue.
ORDER OF BUSINESS:
- Introduction ............................................. ............................... Kelli Matzek, City Planner
- Report by staff ........................................ ............................... Kelli Matzek, City Planner
- Questions from the Commission .... ............................... Chair & Commission Members
- Applicant Comments ............ ...............................
- Questions of the Applicant., ...... ....................... -
- Open the Public Hearing ...... ...............................
- Close the Public Hearing ...... ...............................
- Call for a motion ................... ...............................
- Discussion of Commission on the motion ...........
- Action by the Planning Commission.....--. ........
..... ..........................Chair facilitates
...... Chair & Commission Members
........... ............................... Chair
................ ............................... Chair
........................ Chair Facilitates
............................. Chair Facilitates
...... Chair & Commission Members
ATTACHMENTS (6):
1. Detailed staff report analyzing the request
2. Area Map identifying the location of the property
3. Proposed Holding Tank Site Plan
4. Ltr. - Valley Branch Watershed District
5. Ltr. - Washington County Department of Public Health and Environment
6. Ltr. — Washington County Public Works Department
City of Lake Elmo Planning Department
Variance Request
To: Planning Commission
From: Kelli Matzek, City Planner
Meeting Date: 8/8/11
Applicant: Clyde Durand
Owner: Same
Location: 2860 Lake Elmo Ave N
Zoning: R -1; Shoreland District
Application The City of Lake Elmo has received a request from Clyde Durand to construct aseptic
Summary: system consisting of holding tanks located up to 8 feet within the 10 foot property line
setback and up to 30 feet within the 75 foot setback to Lake Elmo's Ordinary High
Waterline (OHW).
Property This small, Lakeshore property is just 5,908 square feet in size, approximately 600
Information: square feet of which is paved and utilized for County Road 17 (Lake Elmo Avenue).
The old address file does not contain a building permit for the home, but does have a
permit from April of 1968 to install and connect a water line from the main to the
private dwelling.
There is currently a two bedroom home on -site that is served by a non compliant
cesspool or tank/drywell.
The current property owner is interested in selling the property and is now required to
bring the septic system into compliance.
Applicable Section 150.253 Administration.
Codes: (B 2) Variance. Identifies procedures.
Section 150.254 Shoreland Classification.
(B 2) Recreational Development Lakes. Identifies Lake Elmo's OHW at 885.6
and the 100 -Year Elevation at 889.
Section 150.255 Shoreland Standards.
(D 1 a)._ Identifies the sewage treatment system setback for recreational
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development lakes to be 75 feet.
Section 150.253 Administration (Shoreland)
(B 2 b) Variance.
For existing developments, the application for variance must clearly demonstrate
whether a conforming sewage treatment system is present for the intended use of
the property. The variance, if issued, must require reconstruction of a non-
conforming sewage treatment system.
Staff has interpreted this section as "conforming" to mean functioning as necessary
to serve the home.
Section 150.255 Shoreland Standards. (D). Placement, Design and Height of
Structures
States that on -site sewage systems must be setback a minimum of 75 feet from the
OHW of Recreational Development classified lakes.
:& General Site Overview
Site Data: I Lot Size: 0.14 acres (including area below OHW and property used for Co Rd 17)
Existing Use: Residential
Existing Zoning: R -1 (One Family Residential); Shoreland District
Property Identification Number (PID): 24- 029 -21 -22 -0015
Review:
Applicable
Definitions:
DWELLING, SINGLE- FAMILY. A residential structure designed for or used
exclusively as 1 dwelling unit of permanent occupancy.
INDIVIDUAL SEWAGE DISPOSAL SYSTEM. Aseptic tank, seepage tile
sewage disposal system, or other sewage treatment device.
INDIVIDUAL SEWAGE TREATMENT SYSTEM. An on -site sewage treatment
system connecting to a single dwelling or other establishment, consisting of soil
treatment unit, septic tank, and any associated pumping and piping systems.
LOT, RIPARIAN. A separate parcel of land within a designated Shoreland area
having frontage along a lake or tributary stream.
MOUND SYSTEM. An alternative sewage treatment system designed with the
soil treatment area built above existing grade to overcome the limitations of water
table, bedrock, or soil permeability.
NON - CONFORMITY —NON- CONFORMING USE. Any legal use, structure or
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parcel of
already in existence, recorded, or authorized before the
zoning regulations or amendments to the zoning regulations that would not have been
permitted to become established under the terms of the zoning regulations as now
written, if the zoning regulations had been in effect prior to the date it was
established, recorded, or authorized.
ORDINARYHIGH WATERMARK OR ELEVATION (O.H.W.). The boundary
of public waters and wetlands, and shall be an elevation delineating the highest water
level which has been maintained for a sufficient period of time to leave evidence upon
the landscape, commonly that point where the natural vegetation changes from
predominantly aquatic to predominantly terrestrial. For water courses, the ordinary
high water level is the elevation of the top of the bank of the channel. For reservoirs
and flowages, the ordinary high water level is the operating elevation of the normal
summer pool.
PRACTICAL DIFFICULTIES. "Practical difficulties," as used in connection
with the granting of a variance, means that the property owner proposed to use the
property in a reasonable manner not permitted by an official control.
SEPTIC TANK. A sound, durable, watertight sewage tank designed and
constructed to receive the discharge of sewage from a building sewer, separate solids
from liquids, digest organic matter, and store liquids through a period of detention.
SHORE IMPACT ZONE. Land located between the ordinary high water level of a
public water and a line parallel to it at a setback of 50% of the structure setback.
SHORELAND. Land located within the following distances from public waters:
1,000 feet from the ordinary high water level of a lake, pond, or foliage; and 300 feet
from a river or stream, or the landward extend of a flood plain designated by
ordinance on a river or stream; whichever is greater. The limits of shorelands may be
reduced whenever the waters involved are bounded by topographic divides which
extend landward from the waters for lesser distances and when approved by the
Commissioner.
STANDARD SYSTEM. An individual sewage treatment system employing a
building sewer, sewage tank, and the soil treatment system commonly known as a
dram field or leach field.
VARIANCE. A modification of a specific permitted development standard
required to allow an alternative development standard not stated as acceptable in the
official control, but only as applied to a particular property for the purpose of
alleviating a hardship as defined in Section 300.06, Subd. 3. Economic considerations
along shall not constitute a hardship. (sick
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Planning
Department
Review
Summary:
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Mr. Durand, the property owner, is attempting to sell his property at 2860 Lake Elmo
Avenue North which requires him to bring the waste management for the home into
compliance with regulations. The 2- bedroom lakeshore property is currently served
by a dry well /cesspool which is not allowed. According to a certified septic system
designer and inspector as well as the Washington County Department of Public Health
and Environment, the existing septic treatment system is considered a threat to the
ground water. However, finding a suitable replacement, though required, has been a
challenge.
The septic designer has stated in a letter that he does not believe there is enough area
to install a subsurface sewage treatment system and that holding tanks seem to be the
only option.
In a letter received by Washington County, who is the septic permitting authority, it
was identified that the septic ordinance states holding tanks are intended for temporary
purposes and should not be used for more than 12 months. The city is able to grant a
variance fi-om this provision. However, the County stated they would not be in favor
of holding tanks as a permanent measure and was concerned about the frequency with
which they would need to be pumped for a future buyer — potentially every two weeks
all year round.
Exploring Options for Waste Management at 2860 Lake Elmo Avenue N:
1. 201 Svstem - The City owns and operates a few 201 Systems which function as a
community septic system that is located off -site for private residential homes. There
is no current 201 system availability for Mr. Durand to connect to at this time.
2. City Sewer — The City's Comprehensive Plan does not designate Mr. Durand's
property to be within an area guided for city sewer by 2030. The property is located
between the Village area and the south of 10`1' street area — both of which are guided
for future sewer service.
3. Locating Off Site — A different small Lakeshore lot on Lake Elmo was permitted to
pipe their sewage under a city road to a neighboring property where a septic system
was constructed. A one acre septic easement was supplied on a 9+ acre property
directly across the road by the person who owned both properties at the time.
The option to acquire an easement or land to create a septic system off -site was
discussed with Mr. Durand who stated that he did not believe it was an option in his
case.
4. Holding Tanks — This is the option being proposed by the septic designer and
property owner, but as mentioned above, is not a preferred long -term solution. If
holding tanks are utilized, the City should also discuss if additional conditions should
be considered.
a. If it is desirable to the City to allow this home to continue to be used
for year -round residential purposes, it may be considered whether or
not a document should be recorded against the property identifying
Variance
Criteria:
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future perspective buyers of the potential for the holding tanks to be
pumped every two weeks (or less).
b. Should the city be interested in reducing the use of the property and
therefore the use of the holding tanks (a "temporary" solution), it
should be discussed whether the City should require the use of the
home be reduced from year -round to a seasonal use and limited to a
certain number of months each year. The restriction of a property to
seasonal (such as three months a year) use would reduce the amount of
times the holding tanks would be pumped. This solution would be
more acceptable by Washington County and would be considered a
temporary use.
An applicant must 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. Because the City has recently amended the
variance provisions of the ordinance, some of these required findings will be relatively
new to both staff and Planning Commissioners. These criteria are listed below, along
with comments from Staff regarding applicability of these criteria to the applicants'
request.
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 off cial control.
The language concerning "practical difficulties" represents the bulk of the new
provisions that were amended in the City Code. Under this standard, the City
would need to find that the installation of the proposed holding tanks at 2860 Lake
Elmo Avenue is a reasonable use of the property not otherwise permitted under the
zoning ordinance. The appropriate findings for this standard would therefore need
to note the waste management system is a reasonable improvement for a lot in one
of the City's single family districts. Using this standard as a basis, Staff is
suggesting that the Planning Commission consider the following:
FINDINGS: That the proposed use is reasonable because the applicants have
demonstrated that the existing home would no longer be inhabitable without a
waste management system. A certified septic designer has stated that holding
tanks are the only form of on -site waste management possible. The inability to use
the home for residential purposes would drastically reduce, but would not
eliminate, the usability of the property. The ability to continue to use an existing
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residential dwelling lot residential purposes in a residential zoning district would
be a reasonable use of the property.
2. Unique Circumstances. The plight of the landowner is due to circumstances
unique to the property not created by the landowner.
In order to demonstrate compliance with this standard, the Planning Commission
would need to note those aspects of the applicant's property that would not pertain
to other properties within the same zoning classification. In this case, the size of
the lot (just under 6,000 square feet), that a portion of the land is utilized for
County Road 17, and its proximity to Lake Elmo are unique, especially
considering that there is no garage taking up additional space on the property. A
septic system of any type would likely require a variance of some kind at any point
on this property.
The city run 201 systems do not have capacity for the applicant's property to join.
This property is not in an area designated by the 2030 Lake Elmo Comprehensive
Plan to be served with city sewer. The applicant's property is located between two
larger planning areas guided for future sewer (the Village Area and south of I V'
Street).
Prior to 1968, it was determined this lot could be utilized for residential purposes
and a building permit was issued for a new home. The property is just over a tenth
of an acre in size where a 1.5 acre minimum lot size is required and is located on a
lake which, in combination with the house location and driveway, create a difficult
situation in which to find a conforming location for a replacement septic system.
Again, Staff is suggesting some findings that could be considered by the Planning
Commission as follows:
FINDINGS: That the applicant's property is unique due to its location within a
shoreland district and the small size of the property. This property is unable to
connect to an existing 201 system and is not guided for a future sewer connection.
3. Character of locality. The proposed variance will not alter the essential character
of the locality in which the property in question is located.
Because the holding tanks would be located underground, they would not be
visible and would have no visual impact on the neighborhood. The holding tanks
would allow the residential dwelling to continue to be used for residential purposes
as it has for the last few decades. This property is zoned R -1 residential and is
located in a residential neighborhood.
A more formal set of findings related to this standard is suggested as follows:
FINDINGS: The applicant's house is located in a residential area of the city and is
guided to continue on in that manner. The proposed holding tanks would allow
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that use to continue on at that site.
4. Adjacent properties and traffic. 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 has found that the proposed holding tanks, given that they would be located
below ground would have no impact on the supply of light and air to properties
adjacent to the property in question and would not impact the congestion of the
public streets or impact property values within the neighborhood.
Considering the potential findings of fact as suggested in the preceding section, Staff
is recommending approval of the variance request based on the findings noted in items
1 -4 above. In order to address some potential issues, Staff would further suggest
conditions of approval that would require the applicant to survey the front property
line prior to construction to ensure it is outside the right -of -way for County Road 17
(Lake Elmo Avenue North) and provide property erosion control measures during and
after construction to prevent sediment from leaving the site.
Variance ' Based on the analysis of the review criteria in City Code, City Staff would state that
Conclusions: there is merit to grant an approval of the variances requested for 2860 Lake Elmo
Avenue North.
Resident No response has been received.
Concerns:
Additional In speaking with a representative of Washington County's Public Health and
Information: Environment Department, the information was conveyed to City Staff that additional
properties near Mr. Durand's home will be coming forward soon with this same
problem. He suggested the City reconsider providing sewer service to this area for a
long -term solution.
In speaking with the septic designer, Mr. Eklin, he stated that another property in Lake
Elmo will be coming in shortly seeking a septic variance as well. He identified a
business located in the Village Area that does not have room to replace the septic
system and holding tanks will be necessary as well.
The Valley Branch Watershed District stated that a VBWD permit would not be
required, but recommended the elevation of the bottom of the new sewage tank be no
lower than elevation 893 (two feet above the VBWD - established 100 -year flood level
of Lake Elmo.
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Conclusion:
The applicants are seeking approval of a variance to allow holding tanks to be
constructed within 55 feet of Lake Elmo's OHW and within 2 feet of a property line at
2860 Lake Elmo Avenue North.
Commission The Planning Commission has the following options:
Options: A) Recommend approval of the variance request;
B) Recommend denial of the variance request;
C) Table the request and direct staff or the applicant to provide additional
information concerning this application.
The deadline for a Council decision on this item is September 18, 2011, which can be
extended an additional 60 -days if needed.
Rec: Staff is recommending approval of the variance to allow holding tanks to be
constructed within 45 feet of Lake Elmo's OHW and within 2 feet of a property line at
2860 Lake Elmo Avenue North for longer than 12 months based on reasons stated
above with the following conditions:
1. No adverse impacts are allowed to the adjacent lots. Existing drainage
patterns must be maintained.
2. The right -of -way line of CSAH 17 shall be identified and staked by a licensed
surveyor in order to determine the exact location of the property line.
3. Any work in the CSAH 17 right -of -way shall require a right -of -way permit.
Any disturbance of the CSAH 17 roadway and shoulder shall be restored
according to county standards.
4. The County retains all rights to work within the county right -of -way and
within any drainage /utility easement. Adverse effects on the septic system
resulting from such work within the right -of -way by the County or any other
pennittee will be without compensation to the property owner.
5. Temporary erosion control measures shall be installed prior to any earthwork.
Disturbed areas shall be vegetated as soon as possible after disturbance and no
later than 14 days after final grading.
6. A document shall be recorded against the property owner identifying that
holding tanks are the method of waste management for the site which may
require pumping every two weeks (or less depending on useage).
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Denial To deny the request, you may use the following motion as a guide:
Motion
Template: I move to recommend denial of the request for the construction of two holding
tanks 55 feet from Lake Elmo's OHW and 2 feet from a property line at 2860
Lake Elmo Avenue North for the following reasons: ... (please site reasons for the
recommendation)
1. The property is insufficient in size to continue to accommodate a residential
dwelling that requires an on -site waste management system.
2. The lot size for the R -1 district is 1.5 acres which was deemed necessary due to the
lack of city services, such as sewer.
3. Other waste management options such as a 201 system, off -site system, or City
sewer are not available to this site.
4. City ordinances identify that holding tanks are not a suitable long -term solution for
providing waste management service.
6. It is not in the City's or future residents' best interest to grant a variance to allow a
holding tank to be the long -term solution for waste management to a residential home.
Approval To approve the request, you may use the following motion as a guide:
Motion
Template: I move to recommend approval of the request for the construction of two holding
tanks 45 feet from Lake Elmo's OHW and 2 feet from a property line at 2860
Lake Elmo Avenue North for longer than 12 months based on the findings
provided in the staff report ... (or cite your own)
...with the conditions outlined in the staff report.
I
cc: Clyde Durand, applicant
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July 27, 2011
Mr. Kyle Klatt
City of Lake Elmo
3800 Laverne Avenue North
Lake Elmo, MN 55042
Re: 2860 Lake Elmo Avenue North —Variance Request
Dear Kyle:
Thank you for submitting information regarding the proposed septic system replacement at 2860
Lake Elmo Avenue North. On behalf of the Valley Branch Watershed District (VBWD), I have
reviewed the information and this letter provides my comments.
The proposed project involves replacing an existing system that may include a dry well. A new
system should be installed to protect Lake Eli-no from contamination. The proposed project, which
includes installing two 1,500 -gallon holding tanks that will be pumped as necessary, does not require
a VBWD permit.
Based on the grading plan submitted, the home's basement floor is at Elevation 888.0, which is
below the VBWD - established 100 -year flood level of Lake Elmo (El. 891.0). The proposed
elevation of the bottoms of the new sewage tanks is unclear. I recommend that they be no lower than
Elevation 893.0 (i.e., two feet above the VBWD - established 100 -year flood level of Lake Elmo).
Temporary erosion control measures should be installed prior to any earthwork. The erosion control
measures should be inspected during construction and maintained as needed. Disturbed areas should
be vegetated as soon as possible after disturbance, and no later than 14 days after final grading
If you have any questions, please contact me at 952- 832 -2622.
Sincerely,
J(4 P. Hanson, P.E.
BARR ENGINEERING COMPANY
Engineers for the District
DAVID BUCHECK • LINCOLN FETECHER - DALE BORASH • JILL LUCAS • EDWARD MARCHAN
VALLEY BRANCH WATERSHED DISTRICT - P.C. BOX 838 - LAKE ELMO,, MINNESOTA 55042 -0538
ww ,vbwd.org
8/3!2011
Kyle Klatt
Planning Director
City of Lake Elmo
3800 Laverne Ave N
Lake Elmo, MN 55042
Department of Public
Health and Environment
Lowell Johnson
Director
Sue Hedlund
Deputy Director
GEO: 24- 029 -21 -22 -0015
RE., 2860 Lake Elmo Avenue (Clyde Durand Residence) Holding Tank Variances.
The dwelling is currently served by a non compliant cesspool or tank/drywell.
Holding tanks are not a reasonable long term sewage disposal solution for a residence.
Section 18.5(1) of the Washington County SSTS Regulations only allows holding tanks for
residences on a temporary basis (up to 12 months) until such time that municipal sewer service can be
provided.
It is my understanding that this dwelling fronts the route of a planned sewer extension within Lake
Elmo. A variance to section 18.5(1) of the Washington County SSTS Regulations will be required if
connection to city sewer service is delayed by more than 12 months.
The requested variances to the 011W of Lake Elmo and front lot line setbacks to the holding tanks are
necessary considering the severe lot constraints and there appears no option for an on -site solution for
sewage treatment and disposal.
If you have any questions, call me at (651)430 -6676.
Sincerely,
Pete Ganzel
Senior Environmental Specialist
Government Center - 14949 62nd Street North — P.O. Box 6, Stillwater, Minnesota 55082 -9006
Phone: 651- 430.6655 ® Fax: 651- 430 -6730 • TTY: 651- 430.6246
www. co.was h ington.mmus
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August 3, 2011
Kyle Klatt
Planning Director
City of Lake Elmo
3800 Laverne Avenue North
Lake Elmo, MN 55082
Public Works Department
Donald J. Theisen, P.E.
Director /County Engineer
Wayne H. Sandberg, P.E.
Deputy Director /Assistant County Engineer
RE: Variance Application for the placement of two septic tanks, 2860 Lake Elmo Avenue in the City
of lake Elmo, Clyde Durand, applicant
Dear Mr. Klatt
Washington County Public Works has been notified of a variance application for the placement of septic
tanks within a few feet from the CSAH 17 right -of -way in the City of Lake Elmo. The property is located at
2860 Lake Elmo Avenue and is an existing residential property on Lake Elmo. The applicant has indicated
that septic tanks are the only option for sewage storage at this time and it appears that the new septic
tanks will be located under the exiting concrete driveway within a few feet of CSAH 17 right -of -way.
There are concerns regarding the right -of -way line of CSAH 17 in relation to the proposed septic tanks
since the application does not include a certificate of survey. Also, due limited space between the house
and the CSAH 17 right -of way, there may be a need to work in the right -of -way and disturb the existing
roadway as part of the project to install the septic tanks.
Based on the application provided to the county, the following are recommended conditions of approval.
1. The right -of -way line of CSAH 17 shall be identified and staked by a licensed surveyor in order
to determine the exact location property line.
2. Any work in the CSAH 17 right -of -way shall require a right -of -way permit. Any disturbance of
the CSAH 17 roadway and shoulder shall be restored according to county standards.
3. The County retains all rights to work within the county right -of -way and within any
drainage /utility easement. Adverse effects on the septic system resulting from such work
within the right-of-way by the County or any other permittee will be without compensation to
the property owner.
Thank you for the opportunity to comment on this variance application. Please call me at 651 - 430 -4362 or
e -mail me at Ann. pung- tewedo @co.washington.mn.us if you have questions or comments.
Sincerely,' 1
Ann Pung- Terwedo
Senior Planner
c. Joe Gustafson, Traffic Engineer
Carol Hanson, Office /Right -of -Way Specialist
Pete Ganzel, Senior Environmental Specialist, Public Health and Environment
11660 Myeron Road North, Stillwater, Minnesota 55062 -9573
Phone: 651 - 430 -4300 - Fax 651 - 430 -4350 • TTY, 651 -430 -6246
Planning Commission
Date: 8/8/11
Public Hearing
Item: 4b
ITEM: Hold a public hearing to consider an application for a variance to permit the
construction of an addition at 2976 Lake Elmo Avenue that does not meet
the required setback from the Ordinance High Water Level of Lake Elmo —
R1 zoning; 24.029.21.22.001`4 1 f
SUBMITTED BY: Kyle Klatt, Planning Director
REVIEWED BY: Kelli Matzek, City Planner iiilll LLL- --
SUMMARY FIND ACTION REQUESTED
Staff is respectfully requesting the Planning Commission consider a variance application from
Peter Vujovich, representing John and Bonnie Butenhof, to allow the construction of an addition
to their home at 2976 Lake Elmo Avenue that is set back 48 feet from the Ordinance High Water
Elevation (OHW) of Lake Elmo. A variance has been requested because the required structure
setback from the OHW of Lake Elmo is 100 feet in accordance with the City's Shoreland
Management Overlay Zoning.
For variance applications, the burden is on the applicant to demonstrate why this situation is
unique and necessitates flexibility to code requirements. To make this case, a variance can only
be granted by the city when strict enforcement 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. The
criteria that are included in the City Code for making such a decision include the following:
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.
(1) 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.
Unique Circumstances. The plight of the landowner is due to circumstances unique to the
property not created by the landowner
Character of locality. The proposed variance will not alter the essential character of the
locality in which the property in question is located.
Adjacent properties and traffic. 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.
In reviewing the request against the four criteria listed above, staff determined that all of these
criteria were met by the applicant and is recommending approval of the request based on the
suggested findings included in the attached Staff report.
At this time, the Planning Commission is asked to conduct a public hearing for the variance
request to allow the construction of an addition on the applicant's property that does not meet the
required setback from the OHW of Lake Elmo. Upon conclusion of the hearing, the commission
is asked to make a recommendation to the City Council on this request.
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• Valley Branch Watershed District provided comments regarding the application in the
attached letter dated July 27, 2011.
RECOMMENDATION:
Staff is recommending that the Planning Commission recommend approval of the proposed
variance to allow the applicant to construct an addition to the home at 2976 Lake Elmo Avenue
that is set back 48 feet from the Ordinance High Water Elevation (OHW) of Lake Elmo, provided
the following conditions are met:
1) The applicant shall submit a tree protection and replacement plan that identifies all trees
to be removed from the site prior to construction and that specifies which trees are to
remain on the property. Grading, or other construction activity, should not come within
the branch spread of any tree to be retained. Tree protection fencing should be erected
on the construction side of any trees which are less than 15 ft. from construction activity,
and placed as far out from the branch spread of the tree as possible.
2) A revised landscape plan shall be submitted that provides for the replacement of any
trees removed during construction.
3) Temporary erosion control measures that comply with the Lake Elmo Storm Water and
Erosion and Sediment Control Ordinance shall be established prior to the start of any
earthwork and shall be maintained throughout the duration of construction activity on the
site.
ORDER OF BUSINESS:
- Introduction... .......................................................
- Report by staff ...................... ...............................
- Questions from the Commission .........................
- Applicant Comments ............ ...............................
- Questions of the Applicant ... ...............................
- Open the Public Hearing... ....... ....................... —
- Close the Public Hearing ...... ...............................
- Call for a motion ................... ...............................
- Discussion of Commission on the motion ...........
- Action by the Planning Commission ....................
....... .......................Planning Director
....... .......................Planning Director
... Chair & Commission Members
....... ..........................Chair facilitates
.... Chair & Commission Members
.............. ............................... Chair
.................. ............................... Chair
........................... Chair Facilitates
........................... Chair Facilitates
........ Chair & Commission Members
ATTACHMENTS:
1. Detailed staff report analyzing the request
2. Application form
3. Review comments from Valley Branch Watershed District
4. Site photographs —existing conditions
5. Architectural drawings:
o Site and landscape plan with east building elevation
o Interior layout
o Upper level plan with west building elevation
6. Existing site plan
7. Aerial image of site
8. Current septic system plan (201 system)
City of Lake Elmo Planning Department
Variance Request
To: Planning Commission
From: Kyle Matt, Planning Director
Meeting Date: 8/8111
Applicant: Peter Vujovich
Location: 2976 Lake Elmo Avenue
Zoning: gl — Single Family Residential
Application The City of Lake Elmo has received an application for a variance from Peter Vujovich
Summary: representing John and Bonnie Butenhof to allow the construction of an addition to
their home at 2976 Lake Elmo Avenue. A variance has been requested because the
proposed addition would be located 48 feet at its closest point to the Ordinance High
Water Elevation (OHW) of Lake Elmo, and the City's Shoreland Ordinance requires a
minimum structure setback of 100 feet from the OHW. The proposed addition would
extend between an existing detached garage and the principal residential structure on
the property and would include garage space for two additional parking stalls on the
site.
Property The applicants' property is located on the western side of Lake Elmo Avenue near the
Information: intersection of 30`x' Street. It is the second to last house on the lake side of the road as
one moves south from the center of the Old Village, and is bordered by another
residential lot to the north, and an open lot to the south with some minor accessory
buildings on it. There is a modest elevation change from the water level of the lake up
to the elevation at which the house has been built, and there is a steep hillside
separating the house from the lake. Access to Lake Elmo has been provided through a
series of stairs leading down to a sandy beach area.
The size of the applicant's lot is typical for the Village area, at approximately 26,563
square feet (0.61 acres) excluding the road right -of -way for Lake Elmo Avenue. The
house, at present, does not have an attached garage, and the detached garage on the
premises is located approximately 35 feet from the main structure. There are several
larger, mature trees around the house and between the house and the lake on the
hillside leading to the shoreline.
County property records indicate that the house (not garage) was built in 1941. City
records show that in 1987, the City approved a variance to allow an addition to be
built on to the house that extended to within 65 feet of the OHW. The setback prior to
Applicable
Codes:
approval of the variance was 75 feet from the OHW. There is very little additional
information in the address file for this property other than a diagram and report noting
that this site was included as one of the City "201" projects. The 201 projects
involved the use of federal funding to fix failing septic systems through the
community. The location of the septic system for the house is identified on these
plans, and the system would not be impacted by the proposed construction project.
Section 1.50.017 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.
Section 154.041 (C) R -1 Minimum District Requirements
Maximum impervious surface coverage of 25 %.
Section 150.255 (D) Shoreland Standards. Subd. I Placement, design, and height of
structures.
(1) Placement. When more than 1 setback applies to a site, structures and facilities
roust 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. (100 feet from a
recreational development lake.)
Section 150.255 (G) Shoreland Standards. Subd 2 (a) Storm Water Manauement-
Specific Standards.
Impervious surface coverage of lots must not exceed 6,000 S.F. or 15% of the lot
area, whichever is larger.
Section 150.256 (B) Subd. 2 (b) Additions /expansions to nonconforming
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).
& General Site Overview
Site Data: I Lot Size: 26,563 square feet (0.61 acres)
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Existing Use: Residential
Existing Zoning: RI — Single Family Residential;
Property Identification Number (PID): 24.029.21.22.0014
Review:
Applicable BUILDING. Any structure either temporary or permanent, having a roof and
Definitions: used or built for the shelter or enclosure of any person, animal, or movable property of
any kind. When any portion of a building is completely separate from every other part
of a building by area separation, each portion of the building shall be deemed as a
separate building.
DWELLING, SINGLE- FAMILY. A residential structure designed for or used
exclusively as 1 dwelling unit of permanent occupancy.
PRACTICAL DIFFICULTIES "Practical difficulties," as used in comlection
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.
UNIQUE CIRCUMSTANCES. The plight of the landowner is due to
circumstances unique to the property not created by the landowner
ORDINARY HIGH WATERMARK OR ELEVATION (O.H. W.). The boundary
of public waters and wetlands, and shall be an elevation delineating the highest water
level which has been maintained for a sufficient period of time to leave evidence
upon the landscape, commonly that point where the natural vegetation changes from
predominantly aquatic to predominantly terrestrial. For water courses, the ordinary
high water level is the elevation of the top of the bank of the channel. For reservoirs
and flowages, the ordinary high water level is the operating elevation of the normal
summer pool.
Variance t he applicant is proposing to construct an addition to the existing house at 2976 Lake
Review: Elmo Avenue that would add two garage stalls, guest bath (as an option), mudroom,
and foyer, and that would provide room for an entry terrace as well. This new
addition would be connected to the house via a small extension to the southern edge of
the house and a narrow connection to the proposed foyer. One unique aspect of the
proposed plans is that this narrow connection between the existing and proposed
structure would act as a bridge over a proposed rain garden. This storm water feature
is has been proposed by the applicant to manage an existing runoff that flows through
the property and into Lake Elmo.
The current driveway will still be used to provide access to the new garage and also
remain in its present location in front of the existing garage. There are some larger
trees on the site that will need to be removed in order to make room for the addition,
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and Statt has requested that these trees be delineated on the site plan. Because this
property is located within a shoreland district, Staff is recommended that a tree
replacement plan also be provided to off-set the loss of existing vegetation on the
property.
The proposed plans note some additional changes to the current site, including the
removal of a small tool shed located between the lake and the detached garage, the
removal of a portion of the existing deck, the construction of a new deck to the north
of the 1987 addition, and the moving of a hot tub to the newly constructed deck. As
noted on the site plans, the applicant is planning to make use of pervious stepping
stones to supplement other planned landscape improvements.
In reviewing the applicable codes that must be met by the applicant, Staff would like
the Planning Commission to consider the following as it reviews this request:
• R -1 District Setbacks. The proposed addition will comply with all setbacks
required under the R -1 District regulations. In particular, the building will be
set back just beyond the required 30 foot front yard setback, and will be
situated 23 feet from the side yard (10 feet is the required setback). The
existing detached garage is 14 feet fi•om the side property line.
• Impervious Coverage. The R -1 District specifies a maximum impervious
coverage of 25 %. The proposed site plan documents a total lot coverage of
4,666 square feet, which represents an impervious surface calculation of
17.6 %, well under the maximum allowed. The Shoreland Ordinance contains
separate impervious coverage requirements, which for the applicant's lot
would be a maximum of 6,000 square feet.
o Accessory Building Size. The Zoning Ordinance allows a maximum
combined space of 1,200 square feet for both detached and attached garages in
an R -1 District. The total garage space proposed with the addition is 868
square feet and in compliance with this provision.
• Shoreland Setbacks. Lake Elmo is classified as a `recreational development"
lake, and structures within 1,000 feet of the lake are subject to a 100 foot
setback. The proposed building would be setback 48 feet at its closest point to
the OHW elevation of Lake Elmo, hence a setback variance to allow the
construction of the addition 52 feet closer to the OHW line has been requested
by the applicant.
• Bluff Setbacks. The steep slope on the applicant's property between the lake
and the house does not meet the definition of a Shoreland bluff and therefore
no special setback from a bluff line is required for this lot.
® Maximum Building Height. The proposed addition will not exceed one story
in height, and falls well under the maximum allowed building height of 35 feet
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Variance
Criteria:
the K -1 District.
• Flood Ordinance. The home's existing basement has been built above the
Regulatory Flood Protection Elevation for Lake Elmo, and since the addition
would not have a basement, it will comply with the City's Flood Ordinance.
The applicant has provided some of the rationale for the request in the attached
submission materials, and based on this information, is intending to: 1) improve the
access to the front entrance of the home, 2) address storm water issues that have been
problematic in the past, and 3) create a safe and dry entry into the garage with a new
attached structure and an addition that bridges over a storm water feature. Staff would
also like to point out that there are no other locations on the lot for an addition that
would not encroach further into a front yard, OHW, side yard, or other setback.
Additionally, the septic system occupies nearly all of the front yard of the house,
leaving only a very small portion of the rear yard that could be used for an addition
(but not without a variance from the OHW setback as well). The proposed addition
appears to be located in the most logical location on the lot should the Planning
Commission find that avariance is warranted in this instance.
An applicant must 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. Because the City has recently amended the
variance provisions of the ordinance, some of these required findings will be relatively
new to both staff and Planning Commissioners. These criteria are listed below, along
with comments from Staff regarding applicability of these criteria to the applicants'
request.
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
difficultzes - "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.
The language concerning "practical difficulties" represents the bulk of the new
provisions that were amended in the City Code. Under this standard, the City
would need to find that the construction of the proposed addition at 2976 Lake
Elmo Avenue is a reasonable use of the property not otherwise permitted under the
zoning ordinance. The appropriate findings for this standard would therefore need
to note the addition proposed is a reasonable improvement for a lot in one of the
City's single family districts. Using this standard as a basis, Staff is suggesting
that the Plaiming Commission consider the following:
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FINDINGS: That the proposed use is reasonable because the applicants have
demonstrated that it is not possible to construct an addition of any size to their
house without encroaching on a property line or Ordinance High Water (OHW)
Elevation setback. The addition will allow the construction of an attached garage
with safe access while addressing current drainage problems that exist between the
principal structure and existing detached garage. The proposed addition will
comply with all other applicable code requirements except for the OHW setback.
The addition will not be located any closer to Lake Elmo than the current
structures on the property, and will allow the removal of an existing shed that is
less than 30 feet from the OHW.
2. Unique Circumstances. The plight of the landowner is due to circumstances
unique to the property not created by the landowner.
In order to demonstrate compliance with this standard, the Planning Commission
would need to note those aspects of the applicant's property that would not pertain
to other properties within the same zoning classification. In this case,
configuration of the lot and its proximity to Lake Elmo are unique, especially
considering that the house and detached garage are already located within the
required OHW setback. Both structures were built prior to the adoption of the
City's shoreland ordinance, and the lot was platted well before the City regulated
shoreland areas separate fiom other aspects of the City Code. Again, Staff is
suggesting some findings that could be considered by the Planning Commission as
follows:
FINDINGS: That the applicant's property is unique due to its location within a
shoreland district and due to the curvature of Lake Elmo Avenue along the front of
the property. The narrowness of the lot and location of the septic system prohibits
the construction of an addition anywhere else on the property that would comply
with the required setbacks for the property. The existing house and detached
garage are already located within the OHW seatback, and were constructed prior to
adoption of the City's Shoreland Overlay Ordinance.
3. Character of locality. The proposed variance will not alter the essential character
of the locality in which the property in question is located.
Because the only setback variance that has been requested is from the OWH
elevation, the proposed addition will comply with all other applicable zoning
requirements for an RI — Single Family District and shoreland parcel. The
applicant's house, as currently situated on the site, is generally smaller than other
homes in the immediate vicinity along Lake Elmo, and the proposed addition
would be built in such a manner as to minimize the impact of the garage by
making it a side - loading garage. A more formal set of findings related to this
standard is suggested as follows:
FINDINGS: The applicant's house, as currently situated on the site, is generally
smaller than other homes in the immediate vicinity along Lake Elmo, and the
fl Vu, rrL aion �3 _ �. I h 0 J m_
proposed addition would be built in such a manner as to minimize the impact of
the garage by making it a side - Loading garage. The location of the addition would
take advantage of existing screening between the house and Lake Elmo, and would
be located in a central portion of the site away from neighboring properties. The
one story addition world not exceed the height of any other structures in the
vicinity of the applicant's property.
4. Adjacent properties and traffic. 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 has found that the proposed building addition will comply with this provision
since it is located in a manner that will minimize direct impacts to adjacent
properties and will not create any additional traffic on the streets surrounding the
applicants' property. No change to the current driveway is proposed or would be
needed to support the new garage.
Considering the potential findings of fact as suggested in the preceding section, Staff
is recommending approval of the variance request based on the findings noted in items
1 -4 above. In order to address some potential issues during construction, Staff would
further suggest conditions of approval that would require the applicant to document
any trees to be lost due to construction, submit a replacement plan for the trees to be
removed, and provide property erosion control measures during and after construction
to prevent sediment from leaving the site.
Variance Based on the analysis of the review criteria in City Code and referenced in the
Conclusions: preceding section, Staff is recommending approval of the applicant's request to
construct an addition to the existing principal structure that is set back 48 feet at its
closest point to the Ordinary High Water Elevation of Lake Elmo.
Resident Staff has not received any correspondence or had any other communication with
Concerns: neighbors in advance of the public hearing.
Additional The City Engineer has reviewed the proposed location of the addition and has not
Iixformation: expressed any concerns regarding the proposed construction site. Valley Branch
Watershed District has submitted review comments in the attached letter, and
specifically noted that a Watershed District pen-nit would not be required for the
project. The variance request was forwarded to the Mimiesota Department of Natural
Resources for comment, but not response has been received in advance of the
Planning Commission meeting.
The applicants are seeking approval of a variance to allow the construction of an
addition to their home at 2976 Lake Elmo Avenue that is set back 48 feet from the
Ordinance High Water Elevation of Lake Elmo.
Commission The Planning Commission has the following options:
Options: A) Recommend approval of the variance request;
B) Recommend denial of the variance request;
C) Table the request and direct staff or the applicant to provide additional
information concerning this application.
The deadline for a Council decision on this item is September 21, 2011, which can be
extended an additional 60 -days if needed.
Rec: Staff is recommending approval of a variance to allow the construction of an
addition to the house at 2976 Lake Elmo Avenue that is set back 48 feet from the
Ordinance High Water Elevation of Lake Elmo based on the findings documented in
the above Staff report and provided the following condition are met:
1) The applicant shall submit a tree protection and replacement plan that
identifies all trees to be removed from the site prior to construction and that
specifies which trees are to remain on the property. Grading, or other
construction activity, should not come within the branch spread of any tree to
be retained. Tree protection fencing should be erected on the construction side
of any trees which are less than 15 ft. from construction activity, and placed as
far out from the branch spread of the tree as possible.
2) A revised landscape plan shall be submitted that provides for the replacement
of any trees removed during construction.
3) Temporary erosion control measures that comply with the Lake Elmo Storm
Water and Erosion and Sediment Control Ordinance shall be established prior
to the start of any earthwork and shall be maintained throughout the duration of
construction activity on the site.
Denial To deny the request, you may use the following motion as a guide:
Motion
Template: I move to recommend denial of the request for a variance to allow the constriction
of an addition the house at 2976 Lake Elmo Avenue that is set back 48 feet from the
Ordinance High Water Elevation of Lake Elmo ...(please site reasons for the
recommendation)
mt, "-. , a, ,, .. � .
Approval
Motion
Template.
0 ?P ty ( .rru ;,tt; ,
To approve the request, you may use the following motion as a guide:
I move to recommend approval of the request for a variance to allow the
construction of an addition the house at 2976 Lake Elmo Avenue that is set back 48
feet from the Ordinance High Water Elevation of Lake Elmo ...(or cite your own)
...with the conditions outlined in the staff report.
cc: Peter Vujovich, Vujovieh Design Build
John and Bonnie Butenhof, 2976 Lake Elmo Avenue
City of Lake Elmo
I W11,11
❑ Comprehensive Plan Amendment
❑ Zoning District Amendment
n Text Amendment
❑ Flood Plain C.U.P.
Conditional Use Permit
Ej Conditional Use Permit (C.U.P.)
S2'\7'ariance * (See below)
❑ Minor Subdivision
❑ Lot Line Adjustment
❑ Residential Subdivision
Sketch /Concept Plan
❑ Site & Building Plan Review
Address)
Fee $
❑ Residential Subdivision
Pietiminary/Final Plat
O 01- 10Lots
O 11 — 20 Lots
O 21 Lots or More
❑ Excavating & Grading Permit
J Appeal
❑ PUD
(zip)
TELEPHONES: ��f— `�i °s`F ' (.� ! 0 / 'l!Rf"t `' -• �,.
(Home) (Work) (Mobile) (Fax)
FEE
(Name)
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(Mailing Address)
TELEPHONES:
(Home) (Work) (Mobile) (Fax)
PROPERTY LOCATION (Address and Complete (Long) Legal Descriotionl[
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*VARIANCE REQUESTS: As outlined in Section 301.060 C. of the Lake Elmo Municipal Code, the Applicant must
demonstrate a hardship before a variance can be granted. The hardship related to this application is as follows:
In signing this application, I hereby acknowledge that I have read and fully understand the applicable provisions of tm E'
Zoning and Subdivision Ordinances and current administrative procedures. I further acknowledge the fee explanation as
outlined ' the a Iication c cedure end hereby agree to pav all sta ements received frorn the Ci y rertainin
additi amehcnrirYa evhe>('ev
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lot, "/
122/2004 City of Lake Elmo • 3900 Laverne Avenue North • hake Elmo • 55042 • 651 -777 -5510 • Fax 651- 777 -9615
July 27, 2011
Mr. Kyle Klatt
City of Lake Elmo
3800 Laverne Avenue North
Lake Elmo, MN 55042
Re: 2976 Lake Elmo Avenue North — Variance Request
Dear Kyle:
Thank you for submitting information regarding the garage addition at 2976 Lake Elmo Avenue
North. On behalf of the Valley Branch Watershed District (VBWD), I have reviewed the information
and this letter provides my comments.
The proposed project involves constructing a new garage and connecting it to an existing garage and
house. The project will create less than 6,000 square feet and does not involve grading of at least one
acre of land or working below the VBWD - established 100 -year flood level of Lake Elmo. Therefore,
the project does not require a VBWD permit.
Based on one of the plan sheets submitted, the existing home's basement floor is at Elevation 896.5,
which is higher than minimum floor elevation required by the VBWD. The new addition's minimum
floor elevation should be no lower than Elevation 893.0.
Temporary erosion control measures should be installed prior to any earthwork. The erosion control
measures should be inspected during construction and maintained as needed. Disturbed areas should
be vegetated as soon as possible after disturbance, and no later than 14 days after final grading.
I am pleased to see that the project includes a rain garden. The property owners may wish to contact
Rusty Schmidt, the Cost -Share Program Coordinator for the VBWD, at 651 -275 -1136, extension 36.
He could help the property owners design an unmoved vegetative buffer adjacent to the lake. For
new projects, VBWD requires a minimum 35 -foot wide buffer strip measured perpendicular to the OHW
(Ordinary High Water level, Elevation 885.6 at Lake Elmo) extending 35 feet inland. A mowed access
and shoreline is allowed, but must not exceed 30% of the landowner's shoreline width or 30 feet,
whichever is less. Access paths shall not be located where concentrated runoff will flow to the lake. For
existing developed sites, the vegetative buffer is strongly encouraged, but not required.
If you have any questions, please contact me at 952- 832 -2622.
Sincerely,
John P. Hanson, P.E.
BARR ENGINEERING COMPANY
Engineers for the District
DAVID BUCHECK • LINCOLN FETECHER DALE BORASH • JILL LUCAS • EDWARD MARCHAN
VALLEY BRANCH WATERSHED DISTRICT • P.O. BOX 838> LAKE ELMO, MINNESOTA 55042 -0538
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Planning Commission
Date: 8/8/11
Public Hearing
Item: 4c
ITEM: Hold a public hearing to consider an Interim Use Permit (IUP) application
from Country Sun Farm and Greenhouses Inc to allow the sale of
agricultural produce and Christmas trees at 11211 North 601" Street that
were produced off site.
REQUESTED BY: Keith Bergmann on behalf of Country Sun Farm and Greenhouses Inc,
Applicant
SUBMITTED BY: Kelli Matzek, Planner
SUMMARY AND ACTION REQUESTED:
The Planning Commission is asked to hold a public hearing to consider a request from Country
Sun Farm and Greenhouses Inc. to allow the sale of agricultural produce and Christmas trees
that were grown off site. The applicant is requesting the Interim Use Permit (IUP) have an ending
date of 10 years from the date of adoption or upon sale of the property to an outside party.
ADDITIONAL INFORMATION:
• The Minnesota Department of Transportation has requested the applicants obtain a drainage
permit from work done back in 2009 on the site.
OPTIONS
1. Recommend the City Council approve the requested IUP with Findings and Conditions
outlined in the full staff report.
2. Recommend denial of the requested IUP request based on findings of fact (please cite).
STAFF RECOMMENDATION:
Recommend that the City Council approve the requested IUP for an Agricultural Sales Business
with conditions outlined in the staff report.
ORDER OF BUSINESS:
- Introduction. ......... .....................
- Report by staff ...............................
- Questions from the Commission...
- Applicant Comments.........
- Questions of the Applicant
- Open the Public Hearing ...
- Close the Public Hearing...
- Call for a motion.. ..............
................. Kelli Matzek, Planner
................. Kelli Matzek, Planner
Chair & Commission Members
..........................Chair facilitates
Chair & Commission Members
............ ............................... Chair
........... ............................... Chair
...................... Chair Facilitates
Discussion of Commission on the motion ............. ............................... Chair Facilitates
Action by the Planning Commission. ............... ............. Chair & Commission Members
ATTACHMENTS (3):
1. Detailed staff report on the request.
2. Email and Letter from MnDOT
3. Applicant's submittals.
City of Lake Elmo Planning Department
Interim Use Permit Request
To: Planning Commission
From: Kelli Matzek, Planner
Meeting-Date: 8 -8 -11
Applicant: Country Sun Farm and Greenhouses, Inc.
Representatives: Keith Bergmann
Location: 11211 Stillwater Boulevard North (Hwy 5)
Zoning: Agricultural (A)
Application The applicant is seeking an interim use permit (IDP) to allow the sale of
Summary: agricultural produce and Christmas trees that were produced off site.
Applicable
Codes:
Section 154.01.9 Interim Use Permits.
Outlines the general requirements for all interim permitted uses in Lake Elmo.
Section 154.033 Agricultural Zoning District.
1 kibi ii#ec11�3ii etstrtT Agricultural Sales Businesses
subject to performance standards outlined in Section 154.110.
s & General Site Overview
Site Data: Lot Size: Approximately 21.5 acres
road right -of -way for Highway 36)
Existing Use: Country Sun Farm and Greenhouses Operations
Existing Zoning: Agricultural (A)
Property Identification Number (PID): 01- 029 -21 -22 -0002
Review:
History: Prior to 2008, Lake Elmo regulations allowed agricultural uses such as
greenhouses and the sale of produce grown on site.
In 2008, the City added Agricultural Sales Business (ASB) and Agricultural
Entertainment Business (AEB) as conditional uses in certain zoning districts. The
definitions for ASB and AEB stated the use was restricted to allow the sale of
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IUP Review
Criteria:
produce produced on the premises. When the City was first setting the
performance standards in 2008 when those categories of conditional uses were
created, such language served to limit the scale of commercial activity.
In 2010, the City then amended codes to allow the sale of produce grown off site
in Agricultural, Rural Residential and OP Zoning Districts. In addition, changes
were made to required an interim use permit subject to performance standards
instead of allowing the use outright.
Interim uses must be reviewed under both the general criteria for such as well as
the specific criteria outlined for the requested use. Keep in mind that for these
types of applications, the burden is on the City to show why the use should or
should not be permitted. For the sale of produce grown off site, the following
performance standards apply:
1. Activities shall be limited to those listed within the definition for Agricultural
Sales Business.
- Staff finds that this criteria is met.
2. The agricultural sales business shall be located on land owned or leased by
the producer or the operator of the business and not within or on any public
right- of-way or easements.
- Staff finds that this criteria is met.
3. The operator must be able to demonstrate at all times to the city that there is
sufficient access, parking, and maneuvering space, that the location and
adequacy of'approaches are sufficient, that there is suitable and safe access
for pedestrians, and that customer parking is away from the travel way and
in close proximity to the agricultural sales business.
- Added as a condition of approval.
4. All waste materials shall be enclosed in containers provided on the site, and
shall not generate any nuisance impacts on adjacentproperties.
- Added as a condition of approval.
5. All sidewalks, roadways, and parking areas shall be treated as necessary to
eliminate dust nuisance impacts on adjacent properties.
- Added as a condition of approval.
6. The maximum gross floor area that can be devoted to sales activities is
limited to 20,000 square feet.
- The applicant has identified that the gross floor area of the existing greenhouse
and sales building, where agricultural sales takes place, is 26,976 square feet in
size. The sales area is where the agricultural products are also stored. Because
this structure and the sale of agricultural produce existed prior to this ordinance,
staff finds this criteria is met.
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7. Parking shall be provided in accordance with the parking requirements, for
other commercial uses, as per City Code 154.051 (Q. All parking must
occur on -site, be on a primary surface such as class five gravel or pavement;
and must be set back at least 30 feet, from all property lines.
- Staff finds this criteria is met.
8. The minimum lot size shall be 40 acres for any agricultural sales business.
- Although the property on which the sales building is located is on approximately
21 acres, the Country Sun Faun operations take place on over 40 acres. Staff is
suggesting as a condition of approval, that the applicant maintain at least 40 acres
for the agricultural sales business.
9. On -site wastewater handling system shall be planned and designed by a
licensed professional and approved by the City or its designated responsible
authority. Usable primary and alternate well and septic sites sized.for the
maximum anticipated usage of the property shall be identified on the
property. Alternate site shall be protected in the site plan design, and will
only need to be used upon,failure of a primary site.
- Country Sun Farm and Greenhouses has been in operation for many years and
has an established wastewater handling system and well in place. Staff finds this
criteria is met.
10. Any structures constructed for the agricultural sales business shall be
consistent on design and appearance with other agricultural buildings in the
area.
- The applicants are not proposing any additional buildings at this time. Staff
finds this criteria is met.
11. Trip generation shall be limited to the yearly average daily trips calculated
for the underlying zoning, with no daily trip generation to exceed twice the
daily calculation rate for the underlying zoning. The base daily trip
generation is established at 180 vehicle trips per day for every 40 acres.
- Added as a condition of approval.
12. The maximum impervious coverage for the buildings, parking areas and
other uses devoted to the agricultural sales business shall not exceed 40,000
square feet and the remainder shall be suitably landscaped.
- Though the applicant may be over this allotment currently, they have also been in
operation in this manner for a number of years. The applicants are not proposing
any additional buildings, parking areas or other uses at this time.
13. Any activities that are defined as an Agricultural Entertainment Business
shall require a separate Interim Use Permit.
- The applicants have received a Conditional Use Permit for an Agricultural
Entertainment Business on this site.
14. Any exterior storage of equipment and materials other than the display of
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products being sold or agricultural equipment currently in use on the
property shall be prohibited, unless otherwise exempted in accordance with
Section 150.001 through 150.003 of the City Code.
- Added as a condition of approval.
15. There shall be a minimum buffer of I00 feet between any sales areas or sales
buildings and any adjacent residential property lines.
- Added as a condition of approval.
16. Roof top or outside building mechanical equipment must be screened from
viewfrom adjacentproperties and rights -of- -way with an opaque material
architecturally compatible with the building(s).
- Added as a condition of approval.
17. Trash containers must be located inside or screened in an acceptable
manner.
- Added as a condition of approval.
18. The operator shall adhere to the general review criteria applicable to all
Interim Use Permit applications
- This is identified in the review criteria below.
19. No activities or structures beyond those specified in the Interim Use Permit
shall be added before review by the city to determine compliance with this
ordinance.
The applicant is not requesting any additional structures at this time. The
applicant is requesting an interim use permit to sell agricultural products
grown off site such as flower and vegetable plants, pumpkins, squash,
corn, vegetables and Christmas trees.
As mentioned, there are additional general review criteria required for all interim
use permits.
1. The use is allowed as an interim use in the respective zoning district and
conforms to standard zoning regulations.
- The Agricultural zoning district was amended in 2010 . to include Agricultural
Sales Business as an Interim Use.
2. The use will not adversely impact nearby properties through nuisance, noise,
traffic, dust, or unsightliness and will not otherwise adversely impact the
health, safety, and welfare of the community.
- The property is located along a major roadway— State Highway 36 which, in
part, minimizes the impact due to the ability to minimize or in some cases
eliminate traffic through residential areas. The applicants own 149 acres of which
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a portion of this is utilized for an approved Agricultural Entertainment Business.
The applicants own land which is held in a conservation easement as a wide buffer
to the nearest established neighborhood — St. Croix's Sanctuary.
3. Use will not adversely impact implementation of the comprehensive plan
- The applicants are asking to sell agricultural product from their site. As
identified in the Findings of Ordinance 08 -031A, the Comprehensive Plan
expresses a desire to preserve its rural character, open space and green corridors
while regulating commercial uses of an agricultural nature. The Findings provided
in Ordinance 08 -031A identified that an Agricultural Sales Business would not
adversely impact implementation of the Comprehensive Plan when regulated
through an Interim Use Permit.
4. The date or event that will terminate the use is identified with certainty.
- The applicant has requested the Interim Use Permit terminate 10 years from the
date on which the permit is granted or if the property is sold to an outside party,
whichever is greater.
S. The user agrees to all conditions that the City Council deems appropriate.for
permission of the use. This may include the requirement of appropriate
financial surety such as a letter of credit or other security acceptable to the
City to cover the cost of removing the interim use and any interim structures
not currently existing on the site, upon the expiration of the interim use
permit.
- Because the applicant is not requesting to add any additional structures at this
time, staff is not recommending any financial surety be requested.
6. There are no delinquent property taxes, special assessments, interest, or city
utility fees due upon the subject parcel.
- City staff is not aware of any fees due.
Resident Staff is not aware of any resident concerns surrounding the requested interim use
Concerns: permit.
Other Agency
Reviews:
The VBWD and the DNR did not have any comment for or against the
application.
The Minnesota Department of Transportation provided a letter stating a
drainage pen-nit from MnDOT was never received. The letter is attached to
this packet and a condition of approval is suggested.
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Conclusion:
The applicant is seeking approval of an IUP for an Agricultural Sales Business to
allow the sale of produce brought in from off site.
Commission The Planning Commission has the following options:
Options: A) Recommend approval of the Interim Use Permit request;
B) Recommend denial of the Interim Use Permit request;
The 60 -day review period for this application expires on 8- 27 -11, but can be
extended an additional 60 days if more time is needed.
StaffRec: Staff is recommending approval of an Interim Use Permit to allow an Agricultural
Sales Business which would allow bringing in produce as identified by the
applicant for sale at 11211 60th Street North, based on the following:
1. The applicants meet the required standards set forth for both interim uses
and Agricultural Sales Businesses with the exception of existing structures
which were permitted or have existing for a number of years.
With the following conditions:
• The operator must be able to demonstrate at all times to the city that there
is sufficient access, parking, and maneuvering space, that the location and
adequacy of approaches are sufficient, that there is suitable and safe access
for pedestrians, and that customer parking is away from the travel way and
in close proximity to the agricultural sales business.
• All waste materials shall be enclosed in containers provided on the site,
and shall not generate any nuisance impacts on adjacent properties.
• All sidewalks, roadways, and parking areas shall be treated as necessary to
eliminate dust nuisance impacts on adjacent properties.
• Trip generation shall be limited to the yearly average daily trips calculated
for the underlying zoning, with no daily trip generation to exceed twice the
daily calculation rate for the underlying zoning. The base daily trip
generation is established at 180 vehicle trips per day for every 40 acres.
• Any exterior storage of equipment and materials other than the display of
products being sold or agricultural equipment currently in use on the
property shall be prohibited, unless otherwise exempted in accordance with
Section 150.001 through 150.003 of the City Code.
• There shall be a minimum buffer of 100 feet between any sales areas or
sales buildings and any adjacent residential property lines.
• Roof top or outside building mechanical equipment must be screened from
Approval Motion
Template:
view from adjacent properties and rights- of-way with an opaque material
architecturally compatible with the building(s).
o Trash containers must be located inside or screened in an acceptable
manner.
The Interim Use Permit is to allow the sale of agricultural products that
were grown off site, which would include flower and vegetable plants,
pumpkins, squash, corn, vegetables, and Christmas trees. Any other items
wishing to be sold that are not otherwise grown on site or considered an
ancillary item shall require an amendment to the Interim Use Permit.
The Interim Use Permit shall expire on August 23, 2021 or at such time as
the property on which this Interim Use Permit applies (PID: 01- 029- 21 -22-
0002) is sold to an outside party or at such time as the total property
utilized for the Country Sun Farm and Greenhouse company is less than 40
acres. At such time as this IUP expires, an applicant may request an
extension.
To recommend approval of the request, you may use the following motion as a
guide:
I move to recommend approval of the requested IUP based on the findings
cited by staff in the report with conditions (and others as you deem
appropriate).
Denial Motion To recommend denial of the request, you may use the following motion as a
Template: guide:
Move to recommend denial of the requested IUP based on the findings of
fact ... (please site reasons,for the recommendation)
cc: Keith Bergmann, Applicant
ovnp ! doc
pa
Kyle Matt
From: Goff, William (DOT) [william.goff @state.mn.us]
Sent: Wednesday, July 27, 2011 12:42 PM
To: Kyle Klatt
Cc: Craig, E.Buck (DOT); Fossand, Bryce (DOT); Sherman, Tod (DOT); Briese, Marc (DOT)
Subject: Country Sun Farm and Garden Center - Interim Use Permit
Attachments: 20110727124135669. pdf
Dear Kyle,
As a follow up to the Interim Use Permit application from Country Sun Farm and Garden Center, please be advised that
our comments from their conditional use permit back in 2009 are still applicable (see attached). It is important to
highlight that according to our records, the property owners never obtained a drainage permit from Mn /DOT for the
improvements back in 2009. Therefore, your assistance in insuring that the petitioner gets any and all necessary
permits would be very much appreciated.
If you have any questions, please do not hesitate to contact me at (651) 234 -7797.
Sincerely,
William Goff
Mn /DOT Senior Planner
" "esorq Minnesota Department of Transportation
UO �O
a e Metropolitan District
F Qo� Waters Edge
�oFTan�y 1500 West County Road 8 -2
Roseville, MN 55113 -3174
September 15, 2009
n% Kyle Klatt
Planning Director
City of LakeElmo
3800 Laverne Avenue North
Lake Elmo, MN 55042
SUBJECT: Country Sun Farm and Garden Center
(Mn/DOT) Review #S09 -034
SE Quadrant of TII 36 and Lake Elmo Ave (CR 17)
Lake Elmo/Washington County
Control Section 8204
Dear Mr. Klatt:
The Minnesota Department of Transportation (Mn /DOT) has reviewed the above referenced site
plan. Please address the following comments before any further development:
Mn /DOT supports the owner's plan for parking expansion. This should provide enough parking
on site accessibility to eliminate the need for parking on the TA 36 shoulder, which has serious
safety concerns. Currently, the property has right -in right -out access off TH36 as well as
reasonable access off CSAH 17. Washington County has been reviewing concepts for a potential
interchange at Lake Elmo Ave (CSAH17) !TH36 in the future. A future interchange at this
location will impact this property and its current access locations.
Water Resources.
A Mn/DOT drainage permit will be required to ensure that current drainage rates to Mn/DOT
right -of -way will not be increased. The additional parking area will add impervious surface,
which could increase flow to Mn/DOT Right -of -Way. Also, with the current submittal it is
unknown if any drainage work or grading is proposed on Mtr/DOT Right -of -Way.
The drainage permit application along with a current plan sheets, site layout, and copies of the
information listed below, should be submitted to:
Minnesota Department of Transportation
Metropolitan District - Permit Office
1 500 W. County Road B -2
Roseville, MN 55113
The following information must be submitted with the drainage permit application:
1) A grading plan showing existing and proposed contours,
2) Drainage area maps for the proposed project showing existing and proposed drainage areas.
Any off -site areas that drain to tIre project area should also be included in the drainage area maps.
The direction of flow for each drainage area must be indicated by arrows,
3) Drainage computations for pre and post construction conditions during the 2, 10, 50 and 100
year rain events, and
An equal opportunity employer
4) An electronic copy of any computer modeling used for the drainage computations.
Please direct'questions concerning drainage issues to Bryce Fossand (651 -234 -7529) or
b ce.fossand dot.state.cmt.us) of Mn/DOT'S Water Resources section.
Permits,
As noted previous, a drainage permit is required. Further, any work that impacts Mn/DOT right -
of -way will require a permit. Permit forms are available from MnDOT's utility website at
http:llwwty dotstate. nnr.us /utirity/foimslindex.lrtml Please include 1 full size plan set and 1
11x17 plan set for each application. Please direct any questions regarding permit requirements to
Buck Craig, MnDOT's Metro Permits Section, at (651) 234 -7911.
As a reminder, please address all initial future correspondence for development activity such as
plats and site plans to:
Development Reviews
Mn/DOT - Metro Division
Waters Edge
1500 West County Road B -2
Roseville, Minnesota 55113
Mn/DOT document submittal guidelines require either:
1. One (1) electronic pdf. version of the plans (the electronic version of the plan needs to be
developed for l I" x 17" printable format with sufficient detail so that all features are
legible);
2. Seven (7) sets of full size plans.
If submitting the plans electronically, please use the pdf. format. Mn/DOT can accept the plans
via e -mail at mehodevre provided that each separate e -mail is less than 20
megabytes. Otherwise, the plans can be submitted on a compact disk.
If you have any questions regarding this review please feel fiee to contact me at (651) 234 -7792.
Sincerely, A
Jon P. Solberg ,
Senior Planner I�
Copy via Groupwise to:
Ann Braden
Richard Scarrow
Adam Josephson
Buck Craig
Douglas Nelson
Wayne Lemaniak
Tod Sherman
Bryce Fossand
,.,01TN,mY SUN FARM <V GREEN11017SEC'S
INC,
5500 Lake Elmo Avenue North
Lake E €ono, Minnesota, 55042
Phone (851) 351 -5130
Cell {651} 309 -7423
Keitlibergmann@msn.com
June 29, 2011
City of Lake Elmo
3800 Laverne Ave. N.
Lake Elmo, Mn. 55042
Dear Ms. Matzek,
In response to yourietter March 15, 20111 submit the following information:
JUN l9 1ti11
The proposed event and time frame that will terminate the Interim Use Permit, and require a new permit
application, would be upon sale of the property to an outside party, or ten years from the adoption date of the
permit.
The peak traffic count for the site shall not exceed the yearly average dally trips calculated for the underlying
zoning, with no daily trip generation to exceed twice the daily calculation rate for the underlying zoning. With
the base daily trip generation established at 180 vehicle trips per day for every 40 acres. The property at this
site is 149 acres.
Also enclosed are 3 maps of the site:
On Map #1, the area highlighted in blue represents the current greenhouse and sales buildingwhere
agricultural sales take place. This sales area is also where agricultural products brought in from off site will
be stored and sold from. This sales area is 26,976 sq. ft. and was previously constructed and approved. It
also includes a greenhouse of 1,440 sq. ft, used solely for growing and holding product, with no sales activity.
The area highlighted in red represents the 149 acres of property at this site.
On Map #2, the area highlighted in orange depicts the driveway access from Lake Elmo Avenue to the West,
and Highway 36 to the North, where agricultural products will be brought in from off -site. It also depicts the
parking areas for customers. This highlighted area is 131,820 sq. ft. and holds 244 parking spaces, and was
previously constructed and approved. This is also the parking area previously established for the Ag.
Entertainment Business.
On Map #3, the relative square footages, and uses of buildings on the site are given.
No landscapingto this site is being proposed.
Also included with this letter is a list of property owners within 350 feet of the subject property.
Finally, copies of deeds for the property are included.
Thank you for your consideration in this matter, and please let me know if you need anymore information to go
forward with this Interim Use Permit application.
S' cerely,
Keith Bergmann
Country Sun Farm & Greenhouses Inc.
City of Lake Elmo
DEVELOPMENT APPLICATION
❑ Comprehensive Plan Amendment ❑ Variance * (See below)
❑ Zoning District Amendment ❑ Minor Subdivision
❑ Text Amendment ❑ Lot Line Adjustment
Flood Plain C.U.P.
Conditional Use Permit
❑ Conditional Use Permit (C.U.P.)
APPLICANT:V v a a
(Name)
TELEPHONES:
(Home)
FEE OWNER:
(Name)
TELEPHONES: _
(Home)
❑ Residential Subdivision
Sketch /Concept Plan
❑ Site & Building Plan Review
Address)
(Work)
(Mailing Address)
3Titl
Fee $� f cr
El Residential Subdivision
Preliminary/Final Plat
O 01 — 10 Lots
O 11 —20 Lots
O 21 Lots or More
❑ Excavating & Grading Permit
❑ Appeal ❑ PUD
(zip)
23 165r —°151° 41 "
(Fax)
(zip)
PROPERTY LOCATION (Address- andMC-oxrr}s4eEe ( � �y J ,k
`1 `^ "J/ S�Ii W " "Trrl. i ..ei'..�, el. ��e° �7Lia1 FC.!'n^.
t AV..
V S
DETAILED REASON FOR REQUEST: S rC
*VARIANCE REQUESTS: As outlined in Section 301.060 C. of the Lake Elmo Municipal Code, the Applicant must
demonstrate a hardship before a variance can be granted. The hardship related to this application is as follows:
In signing this application, I hereby acknowledge that I have read and fully understand the applicable provisions of the
Zoning and Subdivision Ordinances and current administrative procedures, i further acknowledge the fee explanation as
outlined in the application procedures and hereby agree to pay all statements receiv d from th City v rtainine o
addnton, a1, a hcauon ex ense.
ZZ Signature of Apph nt —Date Signature of Applicant ^ ^ Date
1/22/2004 City of Lake Elmo • 3800 Laverne Avenue North • Lake Elmo • 55042 . 651 -777 -5510 • Fax 651- 777 -9615
Country Sun Farm and Greenhouses Inc. has operated within the City of Lake
Elmo in one form or another since 1978, and since 1986 at its current greenhouse and
sales area along the south side of highway 36 near hake Elmo avenue. Since its inception
it has operated under various special use and conditional use permits issued by the City of
Lake Elmo. Its most current Conditional Use Permit is for an Agricultural Entertainment
Business. At the time this current CUP was granted, the definition of Agricultural Sales
Businesses, a division of an Agricultural Entertainment Business, only allowed for
products to be sold which were grown on the premises, and did not allow an Agricultural
Sales Business to sell products produced off site. Under the new definition of an
Agricultural Sales Business with an Interim Use Permit, sales of products produced off
the premises is allowed.
Country Sun Farm and Greenhouses Inc. has always sold agricultural products
which include flowering and vegetable plants, pumpkins, squash, earn and other
vegetables, and Christmas trees. In keeping with the new definitions of an Agricultural
Sales Business, Country Sun Farm and Greenhouses Inc. is seeking an Interim Use Permit
which would allow for agricultural products which would include; flower and vegetable
plants, pumpkins, squash, corn, vegetables, and Christmas tress produced off the premises
to be allowed to be sold at its current facility.
MAR µ 4 rri:, r
f'v,P Z
1
CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
R M1 0 24 1
AN ORDINANCE TO AMEND AGRICULTURAL BUSINESS DEFINITIONS
AND REGULATIONS
FINDINGS:
Under the Municipal Planning Act and the Metropolitan Land Use Planning Act,
a central and required purpose of a zoning ordinance is to give effect to a city's
comprehensive plan.
2. According to the City's Comprehensive Plan, the RAD land use designation
" "represents low density semi -rural residential development. Working farms,
Alternative Ag uses, single family detached residences, and limited life cycle
housing." Most of the City's outer areas are guided in this fashion. This includes
areas that are zoned Agriculture, Rural Residential, and Open Space.
3. By contrast, around the City's "village center" is an area with a "Commercial"
land use designation.
4. Commercially -zoned areas within the City include areas that are zoned General
Business, General Business Park Holding, General Business Commercial
Holding, General Business Sewered Residential Holding, Village Residential
General Business Holding, Convenience Business, and Limited Business.
5. The Land Use Plan chapter of the City's Comprehensive Plan places special
emphasis on three precepts, among them "the City's desire to preserve its rural
character, open space, and green corridors," and "the City's desire to retain its
identity and sense of community by preserving the historic village center." It
further states that the Plan "supports a community focused from its village core
out, rather than a lock step continuation of urbanization from the community
borders."
6. These aspects of the City's Comprehensive Plan are more likely to be achieved if
the zoning ordinance regulates commercially - related land uses in Agriculture,
Rural Residential, and Open Space districts so as to further the following
objectives:
a. controlling or mitigating the impact on other properties or the
environment,
Page 1 of 12
b. ensuring that the scale of the business does not exceed what is compatible
with a rural or semi -rural setting,
C. ensuring that adequate space is available, on site, for such operations,
d. ensuring that customers attracted to such business, including their
children, are not unreasonably subjected to risks;
e. ensuring that such uses do not present an added risk of disease;
f. insuring that the acreage of the site is sufficiently large for a traditional
agricultural use; and
g. otherwise preserving the rural character of Agriculture, Rural Residential,
and Open Space districts.
The current definitions of Agricultural Sales Business ( "ASB ") (and, indirectly, of
Agricultural Entertainment Business) ( "AEB ") restrict produce sales by those
who hold conditional use permits for such uses to sales of produce that is
produced on the premises. When the City was first setting the performance
standards in 2008 when those categories of conditional uses were created, such
language served to limit the scale of commercial activity by those property
owners who complied with that limitation. If the City removes that limitation, but
leaves the remaining performance standards unchanged, the City's ability to
achieve the objectives described above will be threatened.
8. If land with a rural zoning designation cannot be used in an economically -
beneficial fashion, that will increase the likelihood that the property owner will
press the City to rezone the property for rezoning to a non -rural designation. For
this reason, the City finds that the goal of preserving the rural character of areas
guided and zoned for rural uses is best accomplished if the City's regulation of
commercially - related land uses in Agriculture, Rural Residential, and Open Space
districts is not overly restrictive.
9. The City is changing, and will continue to change, as expected and unexpected
opportunities and challenges emerge. In particular, the City expects that certain
areas with rural zoning designations, or areas adjacent to them, will eventually be
converted to more intensive uses. Because of those changes, restrictions on
commercially - related land uses in a rural residential that are appropriate today
may be less reasonable in the future. The authority provided by the Minnesota
Legislature for cities to issue interim use permits (IUPs) is a sound planning tool
to address this dynamic, and is generally more effective than classification of such
uses as permitted or conditional uses.
Page 2 of 12
10. The objective of controlling or mitigating the impact on other properties or the
environment is served by requiring performance standards that limit the floor area
that can be devoted to sales activities, require compliance with the City Code's
parking requirements for retail sales activities, require planned and designed on-
site wastewater handling systems that are approved by the City or its designated
responsible authority, limit trip generation related to the underlying zoning (both
on an average basis and as a reasonable multiple of that figure for peak periods),
set a maximum impervious coverage limit that keeps such land uses from
unreasonably adding to the runoff appropriate for rural areas and rural stormwater
systems, and require a buffer area beside any adjacent residential property lines.
11. The objective of ensuring that the scale of the business does not exceed what is
compatible with a rural or semi -rural setting is served through such floor area
requirements, trip generation limitations, and limitations on impervious coverage.
12. The objective of ensuring that adequate space is available, on site, for such
operations, is served by requiring a minimum lot size for any agricultural sales
business.
13. The objective of ensuring that customers attracted to such business, including
their children, are not unreasonably subjected to risks is served by requiring
compliance with parking requirements for retail sales activities, requiring planned
and designed on -site wastewater handling systems that are approved by the City
or its designated responsible authority, and limiting unscreened or inadequately
screened exterior storage of equipment and materials.
14. The objective of insuring that the acreage of the site is sufficiently large for a
traditional agricultural use is served through a minimum lot size for any
agricultural sales business.
15. The objective of otherwise preserving the rural character of Agriculture, Rural
Residential, and Open Space districts is served by the same restrictions, and by
requiring that structures constructed for the agricultural sales business be
consistent on design and appearance with other agricultural buildings in the area,
and requiring screening mechanical equipment in certain settings.
16. As the text of the City's zoning ordinance has been revised over time, certain
definitions have become obsolete or unnecessary, yet remain. Removing such
definitions reduces the likelihood of confusion or misunderstanding.
17. Because a business that is not an ASB cannot satisfy the definition of an AEB, it
is important that the ordinance clarify that an AEB must satisfy performance
standards applicable to ASBs and AEBs. For the same reason, it is important that
Page 3 of 12
the performance standards for ASBs and AEBs complement each other, and not
contradict each other.
1$. The added kinds of activities allowed for ASBs that are also AEBs pose
additional challenges because of the size and the nature of the crowds that could
be attracted to AEBs. Those challenges are best addressed by imposing additional
requirements on AEBs related to direct access to a collector or arterial street,
prohibition of the discharge of firearms, and requiring reasonable steps to prevent
trespassing on adjacent properties.
Based upon the above Findings of Fact, which the City Council of the City of
Lake Elmo hereby adopt, The City Council of the City of Lake Elmo does ordain:
Section 1. The City Council of the City of Lake Elmo hereby ordains that Section
11.01 (Definitions) is hereby amended to add the following definition:
GREENHOUSES. A building used for the growing of plants, all or part of which
are sold at retail or wholesale.
Section 2. The City Council of the City of Lake Elmo hereby ordains that Section
11.01 (Definitions) is hereby changed to amend or eliminate the following definitions
as shown:
AGRICULTURAL SALES BUSINESS. The retail sale of fresh fruits,
vegetables, flowers, herbs, trees, or other agricultural, floricultural, or horticultural
products. -;ors .u- �' : r x. The operation may be indoors or outdoors, inchude
t< CC} k )tit'It t1t 4iCmm' {7 { "- {)E{ /77 t13S3 'i1 "li 4 r,a'cezr i y, and
p= __
may involve t h c an l..a wd C` o ucM S C4>, 1 d..(i C.0 Sor t r ILL {kaTiC LF1£u �" p7 +:?uC1,S
hci3iLl "Old o_accessory sales of unprocessed foodstuffs; home processed food products
such as jams, jellies, pickles, sauces; or baked goods and homemade handicrafts. The
floor area devoted to the sale of accessory items shall not exceed 25% of the total floor
area. No commercially packaged handicrafts or commercially processed or packaged
foodstuffs shall be sold as accessory items. No activities other than the sale of goods as
outlined above shall be allowed as part of the AGRICULTURAL SALES BUSINESS.
FARMER. Person permanently residing on a tract of land of not less than 175-1
acres in the city and who farms the land for a livelihood.
'. .
�"rt,4�� "m-k A-
3{'• =i 3-EtiF SFi- .s7F.r °-CA's- *-= at:c::. "f tt, s� n{- t- `.'; -,s
z ".::. �;c _-� " t' r<:'-' f- N�.- ctH= r'zii- .= H�- hEE;z.M:- I�- fii?. - "" , -r,,�� �z-= r...- "1't3r^'.s ,`.`3 �- '•�:' {}{}E' -FEE: °n`!=- ""..4r- "r}�
Page 4 of 12
�c3N-
�3zt- r's#S:— Hi —t4E- i -�.-`,
_._._.._ — R_','`:'.:.LS:-:..r1-` --^
WAYSIDE STAND. A temporary structure or vehicle used for the seasonal retail
sale of agricultural goods, floriculture, and horticulture produced by the operator of the
WAYSIDE STAND - +ii�, which is clearly l secondary ar✓ u.se of 111c; muses and does
riot c; :nuc ! isc r1 an cter t' ereof.
Section 3. The City Council of the City of Lake Elmo hereby ordains that Section
154.033 (Agricultural Use Regulations) subsections (A) and (B) are hereby amended
as follows:
(A) Permitted uses and structures.
(1) 7r rici:lture,
...... -; __Farm, suburban or rural;
(32) Poultry facilities meeting state and federal regulations;
(42) Farm buildings;
(54) Farm drainage and irrigation systems;
(in<2) Forestry meeting state and federal regulations;
(7=) One farm dwelling per farm (also see §§ 154.091 and 154.105);
1 (%o7) One non -farm dwelling per each 40 acres, or part of a dwelling on
a prorated basis, not already containing a farm or non -farm dwelling, provided:
(a) The dwelling unit is located on a separate parcel of record
in the office of the County Recorder and/or County Auditor, which shall be at least 1 -112
acres in size;
(b) The parcel on which the dwelling unit is located must have
at least 125 feet of frontage along a public street, be rectangular in shape and no
dimension to be greater than 3 times the other; and
Page 5 of 12
(c) The dwelling is separated by at least 300 feet from the
nearest farm building.
(99) Wayside stands;
(10) Joint ownership of property or ownership by association or rental
for the purpose of providing private gardens, �3r forest plots—_ 'v su l )ots to its members or
lessees.
(B) Uses permitted by conditional use permit.
(1) Greenhouses;
(2) Kennels;
(3) Stables;
(4) Commercial recreation of a rural nature, including outdoor target
ranges;
(5) Agricultural service establishments primarily engaged in
performing agricultural animal husbandry or horticultural services on a fee or contract
basis, including sorting, grading, and packing fruits and vegetables for the owner, lessee,
or sublessee; agricultural produce milling and processing for the owner, lessee, or
sublessee; horticultural services; fruit picking; grain cleaning; veterinary services;
boarding and training of horses;
(6) Open space development projects, as regulated by §§ 150.175 et
seq.;
(7) Non - agricultural low impact uses pursuant to the standards
described in division (F) of this section; and
Page 6 of 12
- i= '�- :'.{tiY.� - "x - �t, =trix� tom-}= �*if�'i- -�:4;• y �- .,�#3E''Cr'
.�....__ i..., co'cri --c =- .- ".- t}H�ttf.:; -ri•: s lsf- !':ri'',-"r:i =iii. t- c�3.}t?�- 4`.,xi- •i -2}-- ;i }-4e
3 F, -ai+
irk- 13�`•`-- f'.'s'e4ft4- iG -?=;-
-:Y
- 6a�'- }�-'ictr"}'r'ezti�izr"-e �;,{ii- tk'.s.ri?t,3 -:': .•- :- }- }t `i%`-' ,. ,.,.. ' -?i"., � \®.
n
(Am. Ord. 97 -57, passed 7 -18 -2000; Am. Ord. 97 -191, passed 4 -3 -2007)
'_iylt2r,`'__4 �LtC U" . SCl }E,I"j (} ,: r7i C SIan'da'ds
..._._..._.�.._.�• �__i a F�IE�'! ":a€ i�"31Ctuii vlh iCZll 6jt.;5 7 ,ACS S 7i) i",c;i i6_ 7'._;Ct "Int i} att',: Ci
QC) Accessory uses and structures (see §§ 154.092 and 154.093).
(1) Uses and structures which are customarily accessory and clearly
incidental and subordinate to permitted uses and structures as defined in § 11.01;
(2) Private garages, carports, screen houses, conservatories,
playhouses, swimming pools and storage buildings, as defined in § 11.01, for use by
occupants of the principal structures; and
Page 7 of 12
(Am. Ord. 97 -38, passed I1 -17 -1998)
(3) Home occupations.
Section 4. The City Council of the City of Lake Elmo hereby ordains that Section
154.036 (Rural Residential Use Regulations) subsections (A), (B), (C), and (D) are
hereby amended as follows:
(A) Permitted uses and structures.
(1) Agriculture
Z_ One- family residential dwellings (also see §§ 154.091 and
154.105);
1 (32) Farm, suburban or rural within the limits defined in the
performance standards for livestock;
(4 =4) Wayside standsi- 94
(B) Accessory uses and structures (also see §§ 154.092 and 154.093). Uses
and structures which are customarily accessory and clearly incidental and subordinate to
allowed uses and structures; accessory structures cannot exceed the size of the principal
building.
(C) Conditionally permitted uses.
(1) Kennels;
(2) Open space development as regulated by §§ 150.175 et seq.;
(3) Home occupations�aiid
(D) Uses permitted by Interim Use Permit:
4 ''.ftvmft t31} :s ibu i news "] io r £ornla;. lx c t�.,ldards
_
Page 8 of 12
Section 5. The City Council of the City of Lake Elmo hereby ordains that Section
150.178 (OP Use Regulations) subsections (A), (B) and (C) are hereby amended as
follows:
use.
(A) Permitted uses.
(1) Single - family, detached;
(2) Preserved open space;
(3) Conservation easements;
(4) Agriculture;
(5) Suburban farms;
(6) Private stables;
(7) Single-family, attached;
(8) Townhouses (no more than 25% in any development) -, ae*d
(9) Wayside stand.
(B) Accessory uses. Uses that are typically found accessory to a permitted
(C) Prohibited uses. All other uses are hereby prohibited.
Section 6. The City Council of the City of Lake Elmo hereby ordains that the City's
Design and Performance Standards are hereby amended to incorporate the
following additions and changes:
Current Sections 154.090 through 154.109 and their subdivisions are restated and
incorporated herein without change.
Current Section 154.111 and its subdivisions are restated and incorporated herein as section
154.112
154.110 Agricultural Sales Businesses
Agricultural Sales Businesses shall be
'P'xa C -l-trt d.4.' xl t;t t v �_i? kCt at Ul'<t tit d rural aieac r °�<f atc, c ldfcd for Rud la_ 1 : "i�i,zsi :.
Page 9 of 12
De € }sft-� -oI futnrc sew-red d ; " Tj !r,t jn ace ordancc M111 th�R ,c rrisrc n jve !'iltn.
r ul! _o1 Sales B,�stners , lhaE be subject to the following performance standards:
(A) Activities shall be limited to those listed within the definition for
Agricultural Sales Business.
(B) The agricultural sales business shall be located on land owned or leased by
the producer or the operator of the business, and not within or on any public right -of-
ways or easements.
(C) The operator must be able to demonstrate at all times to the city that there
is sufficient access, parking and maneuvering space, that the location and adequacy of
approaches are sufficient, that there is suitable and safe access for pedestrians, and that
customer parking is away from the travel way and in close proximity to the agricultural
sales business.
(D) All waste materials shall be enclosed in containers provided on the site,
and shall not generate any nuisance impacts on adjacent properties.
(E) All sidewalks, roadways, and parking areas shall be treated as necessary to
eliminate dust nuisance impacts on adjacent properties.
naxi ain grt)sc, floor area a th.M can he devoted to safts ac;tiyit1
c 4s
finni ,6 to 20.01)() s—lwc fcct. -
! ) ]'nr'( E!n _` shrill iv rE Eded in accordance with t ''.r
_t?_ tttt LIe i_„;£ C,C tkii;ri11z, Lh t'(,
{7EI7G Coll-[ I ne're -al CISE" _ 4 i)eI ®i.tv €){ ('. 4, 9 r�!. 4 ,,__
'' ")e t3? t22i11.`,. 1 4i.v {r5.,:- Sls h as C Ss five TI' s ;13" £)<ti C,r.7 :27T. and ill _ � }t set hick clk:
! ti) lc l 'iEilii"tium loot ize s�liit:.l. �}C, 4() ili:t:,CS §, )i 3):_ ,; crx £f.11 il,ki. cit Scl_ieS bu sinc 4s.
()k iit_itdSi4Gvu{ et i<In1 Efi ig tS tr`:11_shall be p7 3nned l'_ tl( sian_d 1)% a
1 tl l>l't)I('. t7<.; ii[i£l sS:tt)I t)_,'Cr k" ;lic C 3 t)T kIts (�i£'l ^lt.ed reSnOI�ssbI- cl i3ti:;or S.:),'.
( €t hle 111 SS22€i.i'* n alien C' t e![ i l 4f .Untic 5 s `~.tZe R . W"C' Ili l UMUl t Fula. C.maied
li; L f{ the l)4 n ' V '! 3ll it t �- t ttt fied of the ii! €7t erv% M,e m aS 4 eti S} lil iris �.
l5z_bt ' _C+in tSiU sat Y1hlkl Ctt.. o-4Rtllc rn ili onl lr,,..Cl'm b us(- ll it 1 {s.4ihlre tT_� t
SiD.[
M A[i , `;trt.ewres C;onsf t Ctcd b w atLnic iiuY°e @.l. sale. C➢..,'.jncSs shall. b-
constsl,etkt €Di d S,'?ii ti2tEt }p)c�ii. a ?1z, C ,%v'ttl2_ts'ht s aarlcultiir aE. buildirl 's in i ?ree,
(K' [' s cngnLimS$. Sli 2ii Y ' I3 112t(d o €ne V 3l.} tl:t Cisarf -a<u lip IrBG`ti C21s L aC_ "_CI
for '{lie Linde;"llim zoni iz, "ti'' T2< daily trill W',:X ed lwic.t th {Nils!
calcul Ys t n rate 1C)I" Lhe i.iil C.ic'.i�1'ittts F } mm.,. Teic l"5 4�_ t 1 E .:�t,Ilt a,?C)n .S E.Si: b t
l X t t Ic ,_ r;l ". iw l} t C7 %3. €,. M er 14
Page 10 of l 2
U The maximurn in, I
1pero mus co vceaE e for flic areas and
other use 'e. v as bwinuss I, t�x
d oted to Lhe��—, bwinuao, s LJ�,,-jd r1q, eL FcL�CC�L
and the lmmau,,der �,'Iei -le suind-dy landscupcL
(M An aclOvides that are defured zo; art Aaricuftural Entertainment Business
shoulne-CIRIMC-a Sglianec- fra-crim-U c Pumit.
(N) Amv emeriorsuma��e ofeuttipment and wnatc-ials offier Ihat-o the d, i 11
-- .--. - 11 s _w-g v o i
(ImLlrwn—tal-, _L11ty 5:`t
all use ( r, t all be
.W�
JEL)hihopd,�Urfl,ess cahw,�se e2a lLn & �Col -1-L11L c oo r 5WOO! ffiuotgh �51 of'
a
1110 (il-v Codc
(0) 1-herc shall N., a mitilmum buff cff 00 fect between wnv a'ah'-s at-ens lot-
iahcel kuiidinoo-, and am, a(licer'! 1-sidenlial l�
�)ropem_ line
(13) Rool, to ildrIl'i TIV,
charticaJ equilymen".- isst be- ,lice ncd from-
Vk"Vk wtics nnd
'Pol n
— ------- n Inalcmat
rolnat LbLe wi h liI t
CLC ba s�
l�o, "r -h -omumc- n-'rem be k)cat-0 ms�de o, o"creened in an ac -ptable
nh
(R) The onera( or chall adhct-C, reviev-, cl Icria C,!,)nc:abl- to all
liltrr ill L�, DIM I t AMP C-� I E 0 ll
ls) No acOviu,-� ot-iLructure- hevoild flis jpsc SfaC.'?3:JE.0 n ifie :flit, `m l 'so
ernA hnl� hc added lie Fon-.,n, vi cnv nv citN to det"'m".1file conmlianc With thi"',
� ',4� i I � -1
AericultueO Emertaimitc-, f EIusincss",s
uE -tainn-1cm fousineooS-s 5hajl be llic a lloDo.j Oi 5 y(IlI' ): en
iwerim,
J'Sc Do, ruit m auiculu
allict rl]Yaf a ; that ar" gl't-Rucc or kgrai Apicutiturad Dcr i[v or
fiuoUre sewerc.d -deveh-mm-'M it, acconoarl'--c With tile Aoiiculiural
lonten all n,cmi t3usi rte sseti S1 ,_71 ee iLl ' "I
c to dic, lbllotv:n perfor nidqrd
An A 11 1
rmt�flonln�it,nt hiu�lncs�, shall ouih to '111 ' rloi Ytl BiiLt, :
man dards m Sccn-m -.54A 1W,_fcv,.
`1 >? " ,
_LneMmerti urotooscd Lo, be used fol agricul1wrod nja tit ee
b0cated -kt th dircct access i o zi Collector or arlc-�al sLrcu- oa, ak,,miffiec on tile
(C) DiL,,charac o€ I fircarms, includim,, blanks, 411 not he adlo,wed, ork the
Page 11 of 12
(D The ?r perty o v,ne mus take a lU 4t ) s b( l rc:iscrt! }t a5 Eon
djiLlcent Ef11_ph !ees f onti'aci rs or 2atro,,.
Section 7. Adoption Date
This ordinance shall become effective immediately upon adoption and publication in the
official newspaper of the City of Lake Elmo.
This Ordinance No. 08 -031 was adopted on this 5r1' day of October 2010, by a vote of _
Ayes and _ Nays.
Mayor Dean Johnston
ATTEST:
Bruce Messelt
City Administrator
This Ordinance No. 08 -031 was published on the _ day of _, 2010.
Page 12 of 12
Planning Commission
Date: 818111
PUBLIC HEARING
Item: 4d
ITEM: Conditional Use Permit Amendment: Rockpoint Church overflow parking
lot expansion: PID Number 02- 029 -21 -21 -0003
SUBMITTED BY: Nick Johnson, Planning Intern
REVIEWED BY: Kyle Klatt, Planning Director
SUMMARY AND ACTION REQUESTED
The Planning Commission is being asked to consider a request from the Rockpoint Church, 5825
Kelvin Avenue North, for a Conditional Use Permit amendment to allow the expansion of an
overflow parking lot on the eastern portion of their property in Lake Elmo. The proposed parking
lot would provide 84 parking spots, and would primarily be used to accommodate additional
parking needs during special events and holidays.
ADDITIONAL INFORMATION:
The attached Staff report includes a detailed review of the application along with a Staff
recommendation.
RECOMMENDATION:
Staff is recommending that the Planning Commission recommend approval of the request from
the Rockpoint Church to construct an overflow parking lot at 5826 Kelvin Avenue North, provided
the following conditions are met:
1. The applicant must obtain a permit from the Valley Branch Watershed District prior to
construction.
2. The applicant shall negotiate for an easement across the northern portion of Outlet A in
the location of the proposed 16" Watermain.
3. The applicant shall provide a letter of credit in the amount of 125% of the cost of paving
and landscaping to complete the overflow parking lot.
4. The applicant shall provide additional year -round screening with evergreen trees to
shield the future residential development to the South of the overflow parking lot.
5. The applicant shall provide an erosion control plan, a landscaping plan, as well as specify
the proposed material for the parking lot, per the City Engineer's request.
ORDER OF BUSINESS:
- Introduction ....................................... ............................... .......................Planning Intern
- Report by staff ......................................................... ............................... Planning Intern
- Questions from the Commission .... ............................... Chair & Commission Members
Applicant Comments ..................... ............................... ..........................Chair facilitates
Questions of the Applicant ............. ............................... Chair & Commission Members
Open the Public Hearing... ............ .......... ............. ............ .................... ...... Chair
Closethe Public Hearing ............................... ............................... ..........................Chair
Call for a motion .................................................... ............................... Chair Facilitates
Discussion of Commission on the motion ............. ............................... Chair Facilitates
Action by the Planning Commission .............................. Chair & Commission Members
ATTACHMENTS:
1. Staff Report
2. Application Form
3. Site Plans
4. Final Plat of Hidden Meadows 1 s' Addition
5. Review Letter from Focus Engineering, Inc.
6. Review Letter from Valley Branch Watershed District
7. Site Photographs
8. Aerial Image of Site
9. Letter from the Applicant detailing the need for additional parking space
City of Lake Elmo Planning Department
Conditional Use Permit Amendment Regi
To: Planning Commission
From: Nick Johnson, Planning Intern
Meeting Date: 8/8/2011
Applicant: Rockpoint Church
Owner: Rockpoint Church
Location: 5825 Kelvin Ave. N.
Zoning: PF — Public and Quasi - Public Open Space /Public Facilities
Application The City of Lake Elmo has received a request fiom the Rockpoint Church, 5825
Summary: Kelvin Avenue North, for a Conditional Use Permit amendment to allow the
expansion of the parking lot on the eastern portion of their property in Lake Elmo.
The proposed overflow parking lot would create additional parking on the eastern end
of the property, and would be used to serve overflow parking needs for holidays,
special events, and other times when the church is at or near capacity.
Property Rockpoint Church is located to the East of the intersection of Keats Avenue North and
Information: 59`1' Street North in the Northern area of Lake Elmo. It was established within what
was formerly known as the Deer Glen subdivision, and currently platted as Hidden
Meadows of Lake Elmo. The site is zoned PF- Public and Quasi - Public Open Space,
and is 20 acres in size. Under the PF designation, Rockpoint Church would be
classified as a "place of worship" in accordance with the general City Code. In the PF
zoning district, this use is permitted as a Conditional Use.
The applicant has provided a site building plan showing the proposed overflow
parking lot, creating an additional 84 parking spots. According to the site plan, the
proposed parking lot is 90' from the 150' buffer width setback for impervious surface,
as required of sites between 10 and 20 acres within the PF Zoning District. In
addition, construction of the additional parking lot will not increase the amount of
allowable impervious surface over the 35% threshold for sites ranging from 10 -20
acres in size.
Rockpoint Church was proposed as part of a larger residential subdivision. The
preliminary plat was approved in 2006 for the subdivision. The Church planned to
submit a final plat for residential area sometime after construction of the Church.
Following construction of the Church, the City has since granted the applicant two
extensions for submitting the final plat of the residential area, first in 2007, and second
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Applicable
Codes:
in 2008. The applicant now has until January, 2013 to submit a final plat of the
residential area.
Section 154.063 PR — Public and Quasi- Public Open Space
(B) Uses allowed by conditional use permit
(2) Places of Worship
(E) Minimum District Requirements
(2) Maximum lot area, buffer width and impervious coverage shall be in
compliance with the following table:
Section 154.018 Conditional Use Permits.
(A) Granting/Denial. Outlines the general requirements for all conditionally
permitted uses in Lake Elmo.
(K) Amendment. In accordance with Section 154.018 K of the Zoning Ordinance,
an amended conditional use may be administered in a manner similar to that
required for a new permit.
Section 154.095 Off - Street Parking
(A) General Provisions
7. Use ofparking area. Required off - street parking space in any district shall
not be utilized for open storage of goods or for the storage of vehicles which
are inoperable, for sale, or for rent.
9. Surfkcing and drainage.
(B) Design and maintenance of off-street parking area.
6. Planting requirements with parking and vehicular use areas.
Section 150.020 Screening
(B) Business, industrial screening. Where any business or industrial use (structure,
parking, or storage) is adjacent to property zoned or developed for residential use,
that business or industry shall be screened along the boundary of the residential
property. Screening shall also be provided where a business, parking lot, or
industry is across the street from a residential zone, but not on the side of a
business or industry considered to be the front.
& General Site Overview
Site Data: I lot Size: 20 acres
Existing Use: Place of Worship
Existing Zoning: PF— Public and Quasi- Public Facilities
Property Identification Number (PID): 02- 029 -21 -21 -0003
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Pap-
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Review:
Review With this application, staff will be reviewing the proposed amendments to the site as a
Requirements i conditional use permit amendment and use the applicable criteria in the review.
CUP Review:
The two sections of code that contain requirements for this project include the PF
District regulations and Conditional Use Permit section.
First, the PF District requirements contain specific criterion for "Places of Worship ".
These requirements, with Staff comments, are as follows:
• Direct access is provided to a public street classified by the Comprehensive
Plan as major collector or arterial. Kelvin Avenue North is classified as a
local/municipal street, which connects to Keats Avenue North, which is
classified as a major collector.
• No use may exceed 235 gallons wastewater generation per day per net acre of
land. The proposed building will not create any additional generation of
wastewater from the site.
• No on -site sewer system shall be designed to handle more than 5,000 gallons
per day. The proposed parking lot will not require the expansion or
alteration of any existing septic systems.
• Exterior athletic fields shall not include spectator seating, public address
facilities or lighting. There are no athletic fields on this site.
• No freestanding broadcast or telecast antennas are permitted. No broadcast
dish or antenna shall extend more than 6 feet above or beyond the principal
structure. There are no broadcast antennas on the site.
In addition to this information, it should be noted that an extension has been granted
for the final plat of the 2 °a addition of Hidden Meadows that allows Rockpoint Church
to delay submitting a final plat for the residential portion of the subdivision until
January, 2013, in accordance to Resolution 2007 -097. Despite the fact that Hidden
Meadows 2nd addition has not yet been platted, Staff feels that this issue is unrelated to
the expansion of the parking lot on the eastern portion of the property. However, in
order to allow the connection of the 16" Trunk Watermain necessary to loop the water
system per the City's 2030 Comprehensive Water System Plan in this area, Staff is
suggesting that the applicants consent to grant an easement to the City over the
northern section of Outlet A. With the completion of this condition, the Planning
Commission and City Council would be able to move forward with this Conditional
Use Permit amendment while securing the ability to build the Watermain should
construction of the residential area be delayed.
It is also important to note that Rockpoint Church is requesting a 5 year window to
leave the parking lot unpaved. This grace period would include waiting the same
amount of time to install the necessary landscape islands required by City Code. Staff
feels that this be an acceptable request given the condition that the applicant provides
a letter of credit to the City in the amount of 125% of the paving and landscaping
costs until all proposed work on the parking lot is complete.
Additionally, the City Engineer has outlined the same previous concerns in his report.
In addition to the previously discussed conditions, the City Engineer also would like
the applicant to submit an erosion control plan, a landscaping plan, as well as specify
the proposed material for the parking lot. Finally, the City Engineer reiterated that the
applicants would have to obtain a permit from the Valley Branch Watershed District.
Conditional The City is required to make findings specific to the Conditional Use Permit. For
Use Permit these types of applications, the burden is on the City to show why the use should not
Criteria: be permitted due to impacts that cannot be controlled by reasonable conditions. These
findings include the following:
1. Effects on the health, safety, morals, convenience, or general welfare of
surrounding lands
2. Existing and anticipated traffic conditions including parking facilities on
adjacent streets and land
3. The effect on utility and school capacities
4. The effect on property values of property in the surrounding area
5. The effect of the proposed use on the Comprehensive Plan
Given that congestion has previously occurred due to a lack of sufficient parking
spaces, construction of the overflow rot should alleviate this ongoing problem that has
previously occurred during larger events. In addition, the expansion of the overflow
parking lot should not affect utility capacity or property values in the surrounding
area. Finally, the proposed parking lot should have no affect on the Comprehensive
Plan being that the property was rezoned PF according to Resolution 2005 -27.
Conditional Based on the above analysis of the review criteria in City Code, Staff recommends
Use Permit. approval of the request by the Rockpoint Church, 5825 Kelvin Avenue North, for a
Conclusions: Conditional Use Permit amendment to allow the construction of an overflow parking
lot on the eastern portion of their property based on the following:
• The proposed parking lot would have no impact on the Health, Safety, Morals,
Convenience, General Welfare of Surrounding Lands.
• The proposed parking lot would alleviate ongoing incidents of congestion on
nearby streets during special events and holidays.
• The use would have no effect on utility capacities.
• The proposed amendment would have no effect on property values of
surrounding lands.
• The use would be consistent considering that the Rockpoint Church property
has been rezoned Public /Semi - Public Facilities according to Resolution 2005-
027, amending the Comprehensive Plan.
Resident Staff has not received any feedback from neighboring property owners regarding the
Concerns: proposed Conditional Use Permit amendment. This action requires a public hearing to
be conducted by the Planning Commission at which time members of the public may
address the Commission regarding this application.
Additional
Information:
Conclusion:
Commission
Options:
Staff Rec:
The Valley Branch Watershed District has reviewed the proposed site plans and found
that the parking lot expansion will require a VBWD permit due to the fact that the
project involves the construction of 36,500 square feet of additional impervious
surface. Therefore, from the perspective of the Staff, obtaining this permit should be
included as a condition of approval.
The Lake Elmo Fire Chief had no concerns or continent regarding this proposal.
The Rockpoint Church, 5825 Kelvin Avenue North, has applied for a Conditional Use
Permit amendment to allow the construction of a new overflow parking lot on the
eastern portion of their property in Lake Elmo. The proposed parking lot would be
used during special or larger events when additional parking beyond the primary
parking lot is needed.
The Planning Commission has the following options:
A) Recommend approval of the conditional use permit amendment request;
B) Recommend denial of the conditional use permit amendment request.
The 60 -day review period for this application expires on September 27, 2011, but can
be extended an additional 60 days if more time is needed.
Staff is recommending approval of the request to amend a conditional use permit for
s.
the Rockpoint Church at 5825 Kelvin Avenue North based on the reasons stated above
with the following conditions:
The applicant must obtain a permit from the Valley Branch Watershed District
prior to construction.
2. The applicant shall agree to grant an casement to the City of Lake Elmo across
the northern portion on Outlot A in the location of the proposed 16"
Watermain.
3. The applicant shall provide a letter of credit in the amount of 125% of the cost
of paving and landscaping to complete the overflow parking lot. This letter of
credit shall be returned to the Church upon completion of the improvements.
4. The applicant shall provide additional year -round screening with evergreen
trees to shield the future residential development to the South of the overflow
parking lot.
5. The applicant shall provide an erosion control plan, a landscaping plan, as
well as specify the proposed material for the parking lot, per the City
Engineer's request.
Denial To deny the request, you may use the following motion as a guide:
Motion
Template: I move to recommend denial of the request by the Rockpoint Church to amend a
1 conditional use permit ... (please site reasons for the recommendation)
Approval
Motion
Template:
To approve the request, you may use the following motion as a guide:
I move to recommend approval of the request by the Rockpoint Church to
amend a conditional use permit based on the findings provided in the staff
report ... (or cite your own)
...with the conditions outlined in the staff report.
cc: Gary Van Beek, Rockpoint Church
o6, ti. °.F P.r 'tj >. 'tt0•. Y=a 'ili�'a.f
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Amendment
❑ Zoning District Amendment
❑ Text Amendment
❑ Flood Plain C.U.P.
Conditional Use Permit
Conditional Use Permit (C.U.P.)
City of Lake Elmo
❑ Variance * (See below)
❑ Minor Subdivision
❑ Lot Line Adjustment
❑ Residential Subdivision
Sketch /Concept Plan
❑ Site & Building Plan Review
,...
Fee $ A W - .`
❑ Residential Subdivision
Preliminary/Final Plat
O 01- 10Lots
O 11 —20 Lots
O 21 Lots or More
❑ Excavating & Grading Permit
❑ Appeal
❑ PUD
Hrruc:HN t y1 0 ✓G G'iil? S ®�c�
(Nam) (Mailing Address) (Zip)
TELEPHONES:
(Home) (Work) (Mobile) (Fax)
FEE OWNER:
'.' eaot (zip)
TELEPHONES: ..> CE,
(Home) (Work) -- (Mobile) (Fax)
PROPERTY LOCATION (Address and Complete (Long) Legal Description):
P,
DETAILED REASON FOR REQUEST:
*VARIANCE REQUESTS: As outlined in Section 301.060 C. of the Lake Elmo Municipal Code, the Applicant must
demonstrate a hardship before a variance can be granted. The hardship related to this application is as follows:
In signing this application, 1 hereby acknowledge that I have read and fully understand the applicable provisions of the
Zoning and Subdivision Ordinances and current administrative procedures. I further acknowledge the fee explanation as
outlined in the application procedures and hereby agree to uav all statements received from the Ci periaini� to
additional apphca�no�n eense
Si plicant Date Signature of Applicant . —_. _.... Date
1/22/2004 City of Lake Elmo • 3800 Laverne Avenue North • Lake Elmo • 55042 • 651- 777 -5510 • Fax 651 -777 -9615
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August 4, 2011
To: Nick Johnson, Planning Intern
CC: Kyle Klatt, Planning Director
From: Ryan Stempski, P.E.
FOCUSENGINEERING, inc.
Cara Geheren, P.E.
651.300.4261
Jack Griffin, P.E.
651.300.4264
Ryan Stempski, P.E.
651.300.4267
RE: Rock Point Church
Parking Lot Expansion
Lake Elmo, MN
We have reviewed the C.U.P. application for the parking lot expansion at Rock Point Church received
from the Kyle Klatt on July 26, 2011. The C.U.P. application included an aerial drawing showing the
location of the proposed overflow parking lot and an 11X17 site plan of the proposed parking lot.
The following comments must be addressed prior to engineering approval of this application:
1) The proposed material to construct the parking lot should be specified on the plan.
2) A typical section of the parking lot must be provided on the plan.
3) A landscaping plan must be provided to show the type and location of proposed trees, plants,
and vegetative cover.
4) An erosion control plan must be provided.
5) It is our understanding that the applicant is proposing to leave the parking lot gravel for a
specified time prior to paving and installing the landscape islands. It is our recommendation that
the applicant provide a letter of credit in an amount sufficient to cover 125% of the paving and
landscaping costs until all proposed work is complete.
6) A permit from the VBWD is required.
7) An easement must be negotiated with the property owner(s) of Rock Point Church to allow the
connection of the 16" Trunk Watermain necessary to loop the water system per the City's 2030
Comprehensive Water System Plan.
Should you have any questions please contact me at (651) 300 -4267.
Sincerely,
Ryan W. Stempski, P.E.
Principal / Municipal Engineer
Cc: Jack Griffin, P.E., City Engineer
July 27, 2011
Mr. Kyle Klatt
City of Lake Elmo
3800 Laverne Avenue North
Lake Elmo, MN 55042
Re: 5825 Kelvin Avenue North, Rockpoint Church Overflow Parking Lot, Conditional Use Permit
Dear Kyle:
Thank you for submitting information regarding the proposed overflow parking lot at Rockpoint
Church. On behalf of the Valley Branch Watershed District (VBWD), Ihave reviewed the
information and this letter provides my comments.
The proposed project involves constructing approximately 36,500 square feet of new impervious
surface. Therefore, the project requires a VBWD permit. Please instruct the owner to apply for a
VBWD permit. Permit submittal materials are posted on the VBWD's website at
http://www.vbwd.oig/permitting.htm. Once a VBWD permit application is submitted, I will review
the project for conformance to the VBWD Rules and Regulations.
If you have any questions, please contact me at 952- 832 -2622.
Sincerely, _
lr.
John P. Hanson, P.E.
BARR ENGINEERING COMPANY
Engineers for the District
DAVID BUCHECK - LINCOLN. FETECHER • DALE BORASH - JILL LUCAS • EDWARD MARCHAN
VALLEY BRANCH WATERSHED DISTRICT • P.O. BOX 838 • LAKE ELMO, MINNESOTA 55042 -0538
www.vbwd.org
Reason for needed overflow parking
Due to the tremendous growth we have experienced in the past 4
years, our parking has reached its maximum and beyond. With holidays
such as Christmas, Easter,; during other special events including
concerts, conventions, guest speakers, special services, etc., we have
maximized our parking on numerous occasions.
Gary Van Beek
Facility Manager
Rockpoint Church