HomeMy WebLinkAboutPZ Agenda Packet; 2-10-14
3800 Laverne Avenue North
Lake Elmo, MN 55042
(651) 747-3900
www.lakeelmo.org
NOTICE OF MEETING
The City of Lake Elmo
Planning Commission will conduct a meeting on
Monday, February 10, 2014 at 7:00 p.m.
AGENDA
1. Pledge of Allegiance
2. Approve Agenda
3. Approve Minutes
a. January 27, 2014
4. Public Hearing
a. ZONING MAP AMENDMENT – SAVONA SUBDIVISION. The Planning
Commission will hold a public hearing to consider an application for a Zoning
Map Amendment to rezone the parcels associated with the Lennar Homes Savona
Subdivision from Rural Development Transitional District (RT) to Urban Low
Density Residential (LDR) and Urban Medium Density Residential (MDR).
5. Business Items
a. SAVONA FINAL PLAT – FIRST PHASE. The Planning Commission is asked to
review the first phase of the Savona final plat which includes 44 single family
homes and is located in the I-94 Corridor Planning Area.
b. ZONING TEXT AMENDMENT – LIVESTOCK ORDINANCE. The Planning
Commission is asked to review updated versions of ordinance pertaining to the
City’s animal and livestock ordinances.
c. ZONING TEXT AMENDMENT – ACCESSORY STRUCTURES. The
Planning Commission is asked to review a draft ordinance update related to the
City’s Accessory Building Ordinance.
d. OUTDOOR SOCIAL EVENTS DISCUSSION. The Planning Commission has
received a request to be addressed by Carol Palmquist (12202 55th Street North) to
discuss an outdoor social event ordinance.
e. CUL-DE-SAC DISCSSION. The Planning Commission will hold an informal
discussion about cul-de-sacs.
6. Updates
a. City Council Updates – February 5, 2014 meeting:
i. Zoning Text Amendment – Zoning District Cleanup passed.
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ii. The City Council reviewed the Easton Village Sketch Plan.
iii. Approval of agreement to sunset the Memorandum of Understanding with
the Met Council.
b. Staff Updates
i. Upcoming Meetings:
• February 24, 2014
• March 4, 2014
ii. Planning Commission Discussion Series – “Ma’am, We’re Here for You”,
to be discussed at February 24th meeting.
c. Commission Concerns
7. Adjourn
City of Lake Elmo
Planning Commission Meeting
Minutes of January 27, 2014
Chairman Williams called to order the meeting of the Lake Elmo Planning Commission at
7:00 p.m.
COMMISSIONERS PRESENT: Williams, Yocum, Dodson, Haggard, Dorschner, Kreimer
and Larson;
COMMISSIONERS ABSENT: Lundgren and Morreale; and
STAFF PRESENT: Community Development Director Klatt
Approve Agenda:
Agenda accepted as published.
Approve Minutes: December 13, 2013
M/S/P:Kreimer/Dorschner, move to accept the minutes as presented, Vote: 6-0.
Public Hearing: Zoning Text Amendment – Livestock Ordinance.
Klatt began his presentation by explaining that they are proposing to move the Livestock
Ordinance to a comprehensive animal chapter in the code. This change will redefine
commercial and private kennels, amend the table and provide for private and
commercial kennels through permitted or conditional uses, and allow the keeping of
chickens and bees on parcels greater than half an acre with a permit review. The biggest
change would allow domestic farm animals on 5 acres vs. the previous 10 acres and will
slightly increase the animal equivalent units.
Dodson asked if the chart would be included and if it is cumulative and can interchange
animals. Klatt explained that yes it is cumulative. The Planning Commission thought the
point system seemed a little confusing and it should be made a little clearer by getting
away from the decimal system. Klatt stated that the chart would not be included in the
code, but was being use for illustrative purposes.
Larson asked what someone’s recourse would be if there was negative impact from the
smell of turkeys or chickens on smaller acreage. Klatt stated that we have nuisance and
PCA standards to fall back on. Also, on smaller acreage if someone isn’t taking good
care of the area, the permit could be revoked or not renewed.
Lake Elmo Planning Commission Minutes; 1-27-14
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Haggard asked about the setbacks for bee hives. Klatt stated that this should probably
be looked at.
Dorschner asked if there would be a site visit along with the permit. Klatt stated that if
the Planning Commission felt that was important, it could be made part of the
standards.
Dodson was wondering if there were any animals that we specifically want to exclude.
He also felt that llama should be part of the goat category.
Public hearing opened at 7:48pm.
Written comment was received from Mr. Bob Engstrom in favor of the keeping of bees.
Public hearing closed at 7:49pm.
Larson asked about sounds created by animals, for instance, peacocks can be very noisy.
Dodson stated that we need to be somewhat tolerant of smell and sounds if we want to
live in a rural area.
The Planning Commission thought the definition of chicken was too loose and should be
re-worded. Klatt agreed and would check with the clerk to see if it can just be taken
out.
Williams asked why the first permit was good for 2 years and only 1 year thereafter. It
seems backwards. Kreimer stated that it is probably because the year you apply in
would be a stub year and it would be good the full year after that. Dodson thought the
permit should go for 3 years as one year is a lot for staff to administer. Dorschner
thought one year is reasonable as that way everyone is on the same schedule. Klatt
stated that it would be administratively easier to have a set schedule for them. The
Planning Commission agreed that it should stay at every year.
Kreimer & Dorschner thought there should be setbacks from the property line for
chickens and bees. The Planning Commission would like to see the smallest acreage for
bees be 1 acre.
Haggard was wondering why bee keeping education was only for small acreage and
thinks that it should be all or nothing. Klatt stated that the way it is written it would
apply to everyone, but believes the intent was for 5 acres or less.
Kreimer suggested that a bee colony be located at least 25 feet from a property line of
an adjacent occupied residential lot. The Planning Commission agreed with that
wording.
Lake Elmo Planning Commission Minutes; 1-27-14
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Williams was wondering about the selling of eggs on site as selling honey is specifically
talked about. Klatt stated that state law allows people to sell agricultural products
produced on site.
M/S/P: Kreimer/Larson, move to postpone consideration of the Livestock Ordinance
until further information is obtained from staff Vote: 7-0, motion carried unanimously.
Public Hearing: Zoning Text Amendment – Zoning District Cleanup.
Klatt began his presentation by stating that these amendments are intended to remove
outdated zoning districts that are no longer utilized under the City’s Comprehensive
Plan and official Zoning Map. This cleanup will improve the organization of the
document. The cleanup will remove 26 zoning districts, 19 of which are holding
districts.
Public hearing opened at 8:40pm.
No written comment was received.
Public hearing closed at 8:41pm.
M/S/P: Larson/Kreimer, move to amend the zoning code to remove outdated zoning
districts as presented, Vote: 7-0, motion carried unanimously
Business Item: Sketch Plan Review – Easton Village
Klatt presented a proposed Sketch Plan that includes 224 single family homes and is
located in the southeastern portion of the Village. Is located in the MUSA area and will
have City water and sewer services. This project is 98 acres in size and comprised of 4
parcels. The gross density is 2.29 units per acre. This is consistent with the
comprehensive plan. The zoning is LDR for this property. Part of the property includes
green belt buffering and part of the larger planned park. The airport safety zones will
come into play to some extent on this property. This property would include the village
parkway which would be a minor collector street for the village. There is an existing
home to the south of the railroad tracks that has a private crossing of the railroad
tracks. This property will need to access one of the internal streets servicing this
development. Major things that staff would like to see addressed before preliminary
plat are the design of the subdivision and complying with the overall intent and purpose
of the Village master plan. There needs to be more connectivity and integrate more
traditional neighborhood elements. Want to ensure that there are sidewalks and trails
that connect back to the Village and to Reid Park. The AUAR had some mitigation
Lake Elmo Planning Commission Minutes; 1-27-14
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factors that needed to be met before development could happen in the Village. The
City will be looking to ensure that those things are met with this development.
Dodson asked if we need a road crossing where it is. Klatt stated that the transportation
study done with the AUAR identified it as a vital crossing to alleviate impacts in other
areas of the Village.
Todd Erickson, Project Engineer for Easton Village, gave more detail regarding the
development and why it was designed this way.
Dodson asked about the ponds that close to the airport and if there would be concerns
with geese. Erickson stated that the yard adjacent will have a buffer of long grass and
will be designed to the specifications of the MAC. Dodson asked who would be
responsible to make sure that would be maintained. Erickson stated that there would
be signs and that the HOA would be responsible.
Yocum asked if there had been a traffic study on how the intersection at Manning will
be regulated. Erickson stated that right now it will be regulated by a 2 way stop sign.
Haggard asked if the islands would be just concrete. Erickson stated that they would be
landscaped. Klatt stated that with an 80 foot right of way, landscaping is difficult.
Williams is concerned about the amount of water this property accommodates and is
wondering if the pond system will be adequate. Erickson explained how they plan to
manage the surface water.
Williams thinks the collector road would be better in a different location. Klatt stated
that moving it further to the West would pose problems because of slopes and natural
resource issues.
Williams is not a fan of the length and number of cul-de-sacs. He would prefer more of
a grid pattern. Erickson said that there are many limitations, one of them being the
collector road.
Larson asked about sound proofing from the railroad. Erickson said it would be a
natural berm. Kreimer asked if there were certain builders and what the average home
cost would be. Erickson stated that they are working to solve some of the site issues
before they get to that, but it would be a phased project.
The Planning Commission wants the developer to look at options to see if the cul-de-
sacs can be shortened in some way.
Updates and Concerns
Lake Elmo Planning Commission Minutes; 1-27-14
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Council Updates
1. The City Council took no action at the January 21, 2014 meeting to change the
property at 9434 Stillwater Blvd from RAD2 to RAD. The vote was 3-2 and any
change to the Comprehensive Plan requires a super majority vote.
Staff Updates
1. Carol Palmquist (12202 55th Street N) would like to address the Planning
Commission at a future meeting to discuss an outdoor social event ordinance.
The Planning Commission
2. There were 41 enforcement actions for 2012-2013 and 37 have been closed.
3. Upcoming Meetings
a. February 10, 2014
b. February 24, 2014
Commission Concerns - None
Meeting adjourned at 10:17 pm
Respectfully submitted,
Joan Ziertman
Planning Program Assistant
Lake Elmo Planning Commission Minutes; 1-27-14
PLANNING COMMISSION
DATE: 2/10/14
AGENDA ITEM: 4A – PUBLIC HEARING
CASE # 2014 - 06
ITEM: Zoning Map Amendment – Savona Subdivision
SUBMITTED BY: Kyle Klatt, Community Development Director
REVIEWED BY: Nick Johnson, City Planner
SUMMARY AND ACTION REQUESTED:
The Planning Commission is being asked to hold a public hearing for a Zoning Map Amendment
related to the Savona Subdivision being proposed by Lennar Homes. Now that the property owners
have an approved Preliminary Plat application and utilities are now available to the site, the
applicants are requesting to rezone the properties in a manner consistent with the City’s
Comprehensive Plan. Staff is recommending that the Planning Commission recommend approval of
the Zoning Map Amendment request.
REQUEST DETAILS
In a typical subdivision process, applicants will usually request a rezoning action along with a
Preliminary Plat application. However, as utilities were not available to the site of the proposed
Savona Subdivision at the time of Preliminary Plat approval, the City postponed the rezoning
action. At this time, Lennar Homes has now submitted an application for Final Plat for the first
phase of their residential subdivision, which includes 44 single family homes. In preparation of
this approval the city is also recommending that the Zoning Map be amended along with Final
Plat approval.
As part of the Zoning Map Amendment request, there are 4 total parcels that are included in the
proposed action. The parcels are located in Phase 1 of the I-94 Corridor Planning Area and are
associated with the Savona Preliminary Plat. The Property Identification Numbers (PINs) for the
subject parcels (from west to east) are the following: 34.029.21.31.0004, 34.029.21.31.0005,
34.029.21.42.0002, and 34.029.21.41.0004. The parcels are currently zoned Rural Development
Transitional District (RT). As proposed in the rezoning action, the first three parcels are
proposed to be rezoned Urban Low Density Residential – LDR. The fourth parcel, the former
Mulligan Masters site, is proposed to be split between Urban Low Density Residential – LDR
and Urban Medium Density Residential – MDR along the boundary of the future minor collector
road 5th Street. The proposed zoning is consistent with the approved Preliminary Plat for the
Savona Subdivision, as well as the City’s Comprehensive Plan (Attachment #3). Given that
utilities are now available to the site due to the near completion of the Section 34 Utility Project,
and the landowner is now applying for Final Plat for the first phase of the subdivision, now is the
appropriate time to move forward with the rezoning action.
PUBLIC HEARING ITEM 4A – ACTION ITEM
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RECCOMENDATION:
Staff is recommending that the Planning Commission recommend approval of the Zoning Map
Amendment through the following motion:
“Move to recommend approval of the Zoning Map Amendment to rezone the parcels associated
with the Savona residential subdivision from Rural Development Transitional District to Urban
Low Density Residential and Urban Medium Density Residential.”
ATTACHMENTS:
1. Official Zoning Map – Existing
2. Official Zoning Map – Proposed
3. Comprehensive Plan – Planned Land Use Map
ORDER OF BUSINESS:
- Introduction ........................................................................................ Planning Staff
- Report by Staff ................................................................................... Planning Staff
- Questions from the Commission ............................ Chair & Commission Members
- Open the Public Hearing .................................................................................. Chair
- Close the Public Hearing .................................................................................. Chair
- Discussion by the Commission .............................. Chair & Commission Members
- Action by the Commission ..................................... Chair & Commission Members
PUBLIC HEARING ITEM 4A – ACTION ITEM
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Lake Elmo
Lake Jane
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Lake DeMontreville
Lake Olson
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Rose Lake
Armstrong Lake
Sources: Washington County & Metro GIS2-5-2014
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Official Zoning MapExisting
Municipal Boundary
ZONING DISTRICTS
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Data Disclaimer:
This map is not a boundary survey
and is not intended to be used as such.
The City of Lake Elmo assumes no
liability for the completeness of this map
or responsibility for any associated direct,
indirect, or consequential damages that
may result from its use or misuse.
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Lake Elmo
Lake Jane
Eagle Point Lake
Lake DeMontreville
Lake Olson
Sunfish Lake
Horseshoe Lake
Downs Lake
Goose Lake
Rose Lake
Armstrong Lake
Sources: Washington County & Metro GIS2-5-2014
5
Official Zoning MapProposed
Municipal Boundary
ZONING DISTRICTS
A
BP
C
CC
GB
LC
LC-PUD
LDR
MDR
OP
PF
R2-PUD
RE
RR
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RT
Data Disclaimer:
This map is not a boundary survey
and is not intended to be used as such.
The City of Lake Elmo assumes no
liability for the completeness of this map
or responsibility for any associated direct,
indirect, or consequential damages that
may result from its use or misuse.
Sources: Washington County & Metro GIS12-30-2013
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Planned Land Use
Lake Elmo Comprehensive Plan 2030
Map 3-3
Village Open Space Overlay
Municipal Boundary
White hatching denotes possible mixed use areas
Planned Land Uses
Commercial
Limited Business
Business Park
Residential Estate
Rural Area Development
Rural Area Development Alt
Rural Single Family
Public/Park
Urban High Density
Urban Low Density
Urban Medium Density
Village Mixed Use
Village Urban Low Density
Village Urban Medium Density
PLANNING COMMISSION
DATE: 2/10/14
AGENDA ITEM: 5B
ITEM: Zoning Text Amendment – Animal Ordinance Update
SUBMITTED BY: Adam Bell, City Clerk/Asst. City Administrator
REVIEWED BY: Kyle Klatt, Community Development Director
Nick Johnson, City Planner
Beckie Gumatz, Deputy City Clerk
SUMMARY AND ACTION REQUESTED:
The Planning Commission is being asked to consider a Zoning Text Amendment as part of the
comprehensive update of the City’s Animal Code. Staff amended the Animals Chapter of the City
Code regarding cats, dogs, horses, and dangerous animals in the fall of 2013. We are now looking
at moving the Livestock section from the Zoning Code to the Animals Chapter, amending the
definition of a Kennel, as well as adding sections on the keeping of Chickens and Bees. Staff is
respectfully requesting action from the Planning Commission in two regards.
Staff is first recommending that the Planning Commission recommend approval of the proposed
removal of the Livestock section from the Zoning Code to allow it to be placed in the Animals
Chapter of the City Code, along with the perfecting amendments to the various sections related to
Kennels and stables. In order to remove the Livestock section from the Zoning Code, a public
hearing is required. Secondly, as the proposed ordinance involving the keeping of chickens and
bees does have limited land use implications, staff is also respectfully requesting input and
feedback from the Planning Commission, along with a recommendation for approval of the entire
proposed Animals Chapter Ordinance amendment.
REQUEST DETAILS
City Staff is updating the current Animals Chapter of the City Code. As part of this update, city
staff is looking to move the Livestock section from the Zoning Code into the Animals Chapter.
Staff also is proposing changes to the definition of a private kennel. Staff would also like to add
language to specifically allow chickens and bees on certain parcels in the City.
Staff previously introduced this topic as a business item at the 10/28/2013 Planning Commission
meeting. The input gained from that discussion was incorporated in the new draft language, which
was submitted to the Commission for the 1/27/2014 meeting that included a public hearing. The
Commission voted 7-0 to postpone passage until staff provided additional information.
Based on the feedback provided by the Commission at the 1/27/14 meeting, staff has made the
following additional changes:
• The Minimum acreage required to keep bees has been raised from .5 acres to 1.0 acres as
requested.
ITEM 5B - BUSINESS ITEM
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• Regarding the use of Animal Unit Equivalents to determine the number of allowed animals:
Animal Unit Equivalents (AU) are the standard used by most communities throughout the
state and country to ensure that the carrying capacity of grazing animals on their habitat.
The MPCA and MN Department of Agriculture use and recommend using AU. Staff must
note that the City is already using the AU standard and has a currently higher threshold
than many other comparable cities. Lake Elmo requires 2 grazable acres per 1 Animal Unit.
Most communities only require 1 acre. The proposal further decreases the number of
animals allowed to accommodate lots smaller than 10 acres. Animals not specifically listed
on the chart are calculated average weight of the animal divided by 1,000 pounds. This is
the universal standard. The chart that was created is a worksheet to be used by staff and the
public to simplify the calculation of allowed animals. The chart can be further simplified
for the public, if the Commission prefers.
• Concerns expressed regarding noise and odor issues can be addressed by the permitting
process as well as the City nuisance ordinances and state regulations.
• Clarification was added that flyways are required for colonies less than 25 feet from
adjacent occupied residential properties.
• Staff does expect to conduct site visits, but the entire permitting/application process has
not been completed yet because it will depend on the final ordinance language. Staff did
not want to codify this requirement if it determines that it is not necessary for all
applications. If the Commission desires, the application process similar to the chickens
permit can be added. Included would be: a site plan, setbacks, etc. This new language has
been added.
• If there are any specific animals the Commission recommends excluding, they can do so.
There is already a comprehensive list of prohibited animals in the city code that was just
re-adopted by the council. See City Code § 95.92.
• Llamas, alpacas, and similar animals were not listed in current livestock ordinance. Due to
the increasing popularity of these animals, staff thought it prudent to include them at this
time. Most communities do include them along with sheep and goats; however, staff took
a more conservative approach to setting their AU. This has been changed in the new
proposal.
• Regarding the definition of chicken, this is the common dictionary definition. Staff
recommends adding further specification rather than eliminating the definition. Further
specification has been added. In the AU standards, other fowl are distinguished.
• Regarding the term of the chicken permit, staff believed that it should be an annual permit
similar to dog licenses for ease of staff processing, with the exception of the first term to
accommodate the chickens and coop to be established depending on when permit was
obtained. Bee keeping permits are valid for two years as they involve more time to establish
and maintain.
• Bee-keeping permits were intended to only be required on parcels less than five acres. This
clarification has been added.
ITEM 5B – BUSINESS ITEM
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RECCOMENDATION
Staff is recommending that the Planning Commission recommend approval of the proposed
removal of the Livestock section from the Zoning Code to allow it to be placed in the Animals
Chapter of the City Code, along with the perfecting amendments to the various sections related to
kennels and stables, as well as provide input and recommend approval of the proposed ordinance
related to the keeping of chickens and bees to the City Council through the following motion:
“Move to recommend approval of the adoption of Animal Ordinance, amending the Zoning
Code concerning Livestock and Kennels and amending the Animals Chapter of the General
Regulations of the City of Lake Elmo.”
ATTACHMENTS:
1. Ordinance 08-0XX
ORDER OF BUSINESS:
- Introduction ........................................................................................ Planning Staff
- Report by Staff ................................................................................... Planning Staff
- Questions from the Commission ............................ Chair & Commission Members
- Discussion by the Commission .............................. Chair & Commission Members
- Action by the Commission ..................................... Chair & Commission Members
ITEM 5B – BUSINESS ITEM
CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
ORDINANCE NO. 08-0XX
AN ORDINANCE AMENDING THE ZONING CODE CONCERNING LIVESTOCK
AND KENNELS AND ALSO AMENDING THE ANIMALS CHAPTER OF THE
GENERAL REGULATIONS OF THE CITY OF LAKE ELMO
SECTION 1. The City Council of the City of Lake Elmo hereby amends Title XV: Land
Usage; Chapter 154: Zoning Code, by repealing City Code Section 154.914 in its entirety.
SECTION 2. The City Council of the City of Lake Elmo hereby amends Title IX: General
Regulations; Chapter 95: Animals, by adding the following language:
ARTICLE IV. LIVESTOCK
§ 95.50 LIVESTOCK.
(A) Purpose. The purpose of the following sections are to promote and preserve the
natural resources within the City of Lake Elmo by regulating the keeping of livestock.
Erosion as a result of overgrazing and leeching of manure into groundwater have adverse and
potentially irreversible impacts on water quality and environmentally sensitive lands.
(B) (A) Prohibition of manure deposition without safeguards. No manure or livestock
waste shall be deposited, stored, kept, or allowed to remain upon any site without reasonable
safeguards adequate to prevent the escape or movement of the manure or wastes or a solution
of the manure or wastes from the site which may result in pollution of any public waters or
any health hazard.
(C) (B) Pollution Control Agency standard minimum requirement. All regulations
imposed by the Minnesota Pollution Control Agency relating to keeping of livestock shall be
adhered to and the regulations shall be considered the minimum safeguard necessary to
prevent pollution of public water or creation of a health hazard.
(D) (C) Inadequate safeguards. In case the Zoning Administrator shall find that any
manure is stored or kept on any lot or storage site without a safeguard, or that any existing
safeguard is inadequate, the Zoning Administrator may order the owner or other responsible
person to immediately remove the manure from the storage site and refrain from further
storage or keeping of any manure at the site unless and until an adequate safeguard is
provided.
(E) (D) Hazards and nuisances. On parcels of less than 40 acres which are not part of
a larger crop-producing commercial agricultural farm, the keeping of horses, cattle, or other
grazing animals on a site with less than 2 acres of existing grazable land per animal is, by
this section, declared to be a nuisance. Horses may be kept on any parcel larger than 5
acres. No domestic farm animals, or livestock, other than chickens or bees, or commercial
kennels shall be placed allowed on any site parcel of less than 10 5 acres. No commercial
kennels shall be placed on any site of less than 10 acres.
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(F) (E) Grazable acres. Grazable acreage shall be defined as open, non-treed acreage
exclusive of the homesite and yard that is currently providing enough pasture or other
agricultural crops capable of supporting summer grazing at a density of 1 cow, or its
equivalent,animal unit per 2 acres. Grazable acreage shall not include non-jurisdictional
wetlands or slopes over 12%. There is a presumption that 0.5 acres of site are dedicated to
the homesite and yard, or considered ungrazable. This presumption is subject to rebuttal if a
different calculation can be established by owner and city.
(G) (1) For purposes of these regulations, the following animal equivalents apply: one
slaughter steer, heifer or horse - 1.0; one mature dairy cow - 1.4; one swine over 55 pounds
- .4; one sheep -.1; one turkey - .01; one chicken - .01; one duck - .02. The number of
permitted animals shall be determined by the following table:
TYPE OF ANIMAL ANIMAL UNITS
One slaughter steer, heifer, or mature
dairy cow
1.4
One horse, mule, donkey 1.0
One hog/swine 0.5
One sheep or goat, llama, or alpaca 0.2
One turkey or goose 0.1
One duck or other fowl 0.04
One chicken, 5 acres or more 0.02
(1) (2) For all other animals, the number of animal units shall be defined as the
average weight of the animal divided by 1,000 pounds.
(2) The number of animal units allowed per parcel is cumulative. The animal
density per parcel shall not exceed 1 animal unit equivalency per 2 grazable acres.
SECTION 3. The City Council of the City of Lake Elmo hereby ordains that Title XV:
Land Usage; Chapter 154: Zoning Code, is hereby amended in the following manner:
§154.012(B)(3)(c) Commercial Kennel. The boarding, breeding, raising, grooming
or training of twofour or more dogs, cats, or other domestic pets of any age not owned by the
owner or occupant of the premises, and/or for commercial gain.
§154.012(B)(12)(f) Kennel, Private. The keeping, breeding, raising, showing or
training of 4 or more dogs, cats, or other domestic pets over six four months of age for
personal enjoyment of the owner or occupants of the property on parcels 5 acres or greater,
and for which commercial gain is not the primary objective. The maximum number of
animals allowed is 6.
SECTION 4. The City Council of the City of Lake Elmo hereby ordains that Title XV:
Land Usage; Chapter 154: Zoning Code, is hereby amended in the following manner:
§ 154.051 GB – GENERAL BUSINESS.
(A) Permitted uses and structures.
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(5) Uses permitted by conditional use permit.:
Commercial Kennels
SECTION 5. The City Council of the City of Lake Elmo hereby ordains that Title XV:
Land Usage; Chapter 154: Zoning Code, is hereby amended in the following manner:
Table 9-1 is amended to read as follows:
§ 154.401 PERMITTED AND CONDITIONAL USES.
Table 9.1: Permitted and Conditional Uses, Rural Districts
Accessory Uses
Kennel, Private CP CP CP - - 154.404.I
Stable, Private CP CP CP - - 154.404.I
§ 154.404 SITE DESIGN AND DEVELOPMENT STANDARDS.
I. Commercial Kennel, Commercial Stable, or Accessory Kennel or Stable, RT, A, RR
Districts. The commercial facility facilities shall occupy a site at least ten (10) acres in
size. Outdoor exercise areas shall be located at least 100 feet from adjacent properties;
landscaping or other screening may be required. Private kennels or stables shall be
allowed on sites at least five (5) acres in size.
SECTION 6. The City Council of the City of Lake Elmo hereby ordains that Title IX:
General Regulations; Chapter 95: Animals, is hereby amended in the following manner:
§ 95.05 Number of Dogs and Cats Limited
A. The keeping of a large number of dogs or cats poses health, safety and public welfare
risks and is deemed a public nuisance.
B. Cats. Unless the property owner holds a valid kennel license has an authorized
kennel, no individual or family unit living together, firm, or corporation shall keep
more than three (3) cats over the age of four (4) months on any parcel not zoned RT,
A, or RR.
C. Dogs. Unless the property owner holds a valid kennel license has an authorized
kennel, no individual or family unit living together, firm, or corporation shall keep
more than three (3) dogs over the age of four (4) months on any parcel not zoned RT,
A, or RR.
D. Cats and Dogs. Unless the property owner holds a valid kennel license has an
authorized kennel, no individual or family unit living together, firm, or corporation
shall keep more than a combination of three (3) cats and dogs over the age of four
(4) months on any parcel not zoned RT, A, or RR.
§ 95.10 Prohibition of Kennels; Private Kennels
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A. No commercial kennels may be established in the city unless a special use permit
has been issued for the kennel as provided by the city ordinances regulating land
use.
B. An individual or family unit living together, firm, or corporation may keep a
private kennel consisting of a combination of no more than six (6) domestic pets
over the age of four (4) months on any parcel 5 acres or greater in size and located
in zoning districts RT, A, or RR.
Cross Reference: § 11.01 Definitions; §154.012 et seq. Zoning Use Types and
Classifications.
SECTION 7. The City Council of the City of Lake Elmo hereby amends Title IX: General
Regulations; Chapter 95: Animals, by adding the following language:
ARTICLE V. KEEPING OF CHICKENS
Sec. 95.60. Definitions
Sec. 95.61. Purpose
Sec. 95.62. Investigation and Enforcement
Sec. 95.63. Keeping of Chickens
Sec. 95.64. Permit Required; Term, Consent, Fee
Sec. 95.65. Application
Sec. 95.66. Permit Conditions
Sec. 95.67. Violations
Sec. 95.68. Issuance, Revocation
§ 95.60. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different
meaning:
Brooding means the period of chicken growth when supplemental heat must be provided,
due to the bird’s inability to generate enough body heat.
Chicken means a domesticated bird that serves as a source of eggs or meat (Gallus gallus
domesticus).
Coop means the structure for the keeping or housing of chickens permitted by the article.
Exercise yard means a larger fenced area that provides space for exercise and foraging for
the birds when supervised.
Hen means a female chicken.
Officer means any person designated by the city as an enforcement officer.
Rooster means a male chicken.
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Run means a fully-enclosed and covered area attached to a coop where the chickens can
roam unsupervised.
§ 95.61. Purpose.
It is recognized that the ability to cultivate one’s own food is a sustainable activity that can
also be a rewarding pastime. Therefore, it is the purpose and intent of this article to permit
the keeping and maintenance of hens for egg and meat sources in a clean and sanitary
manner that is not a nuisance to or detrimental to the public health, safety, and welfare of
the community.
§ 95.62. Investigation and Enforcement.
Officers designated by the city shall have authority in the investigation and enforcement of
this article, and no person shall interfere with, hinder or molest any such officer in the
exercise of such powers. The city shall make investigations as is necessary and may grant,
deny, or refuse to renew any application for permit, or terminate an existing permit under
this article.
§ 95.63. Keeping of Chickens.
A. Chickens on less than 5 acres.
Lot Size (acres) Chickens Allowed
0.00 – 0.49 0
0.50 – 0.99 2
1.00 – 1.49 4
1.50 – 1.99 6
2.00 – 2.49 8
2.50 – 2.99 10
3.00 – 3.49 12
3.50 – 3.99 14
4.00 – 4.49 16
4.50 – 4.99 20
B. Chickens on more than 5 acres.
Chickens maintained on parcels more than 5 acres are restricted to 0.02 animal units
per acre. A permit is not required for keeping chickens on a parcel size of more than 5 acres.
For reference, see “Animal Unit Equivalency” chart in Section 95.50
§ 95.64. Permit Required; Term, Consent, Fee.
A. No person shall (without first obtaining a permit in writing from the City Clerk)
own, keep, harbor, or have custody of any live chicken on a lot less than five (5)
acres.
B. The first permit is valid for up to two (2) years beginning on the date of issuance
and ending on December 31 of the following year. Subsequent permits are valid
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from January 1 to December 31.
C. Prior to issuance of a permit, notices must be mailed to all homes within 150 feet
of the applicant’s property lines.
1. If there are objections received within ten days of mailing the notices,
then the permit application must be considered by the city council.
2. If there are no objections received within ten days of mailing the
notices, then the permit application will be processed by city staff. It
will not be referred to the city council for consideration.
D. The fee for a permit may be imposed, set, established and fixed by the city council,
by ordinance, from time to time.
§ 95.65. Application.
Any person desiring a permit required under the provisions of this article shall make written
application to the city clerk upon a form prescribed by and containing such information as
required by the city. Among other things, the application shall contain the following
information:
1. A description of the real property upon which it is desired to keep the chickens.
2. The breed and number of chickens to be maintained on the premises.
3. A site plan of the property showing the location and size of the proposed chicken
coop and run, setbacks from the chicken coop to property lines and surrounding
buildings (including houses and buildings on adjacent lots), and the location, type,
and height of fencing proposed to contain the chickens in a run or exercise area.
Portable coops and cages are allowed, but portable locations must be included
with the site plan.
4. Statements that the applicant will at all times keep the chickens in accordance
with all of the conditions prescribed by the officer, or modification thereof, and
that failure to obey such conditions will constitute a violation of the provisions of
this article and grounds for cancellation of the permit.
5. Such other and further information as may be required by the officer.
§ 95.66. Permit Conditions.
Each person keeping chickens within the City of Lake Elmo shall comply with the
following:
1. No person may keep a rooster or crowing hen.
2. No person may allow chickens to range freely without fencing or without a mobile
pen.
3. No person may keep chickens inside the house or attached garage.
4. Chickens must be provided a secure and well ventilated roofed structure (“chicken
coop”)
5. The roofed structure and required fencing for the chickens may only be located in
a rear yard and must meet setback and building separations as established in city
zoning and building codes, except that the roofed structure and fencing must
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maintain a 100 foot separation from dwellings on adjacent properties.
6. The roofed structure shall be fully enclosed, wind proof, and have sufficient
windows for natural light.
7. Chickens, coops, and/or runs shall not be kept in such a manner as to constitute a
nuisance.
8. The chicken coop and run shall be kept in good repair as to be in compliance with
the property maintenance regulations elsewhere in the Code.
9. All chicken coops must have a minimum size of four (4) square feet per bird and
must be at least six (6) feet in height to allow access for cleaning and maintenance.
10. Fenced in chicken runs must have a minimum of ten (10) square feet per bird and
must be at least six (6) feet in height to allow access for cleaning and maintenance.
11. No chicken shall be allowed to roam freely without being within a completely
enclosed pen.
12. Butchering a chicken must not be in public view.
13. All butchering waste shall be disposed of in a sanitary manner.
14. Dead chickens must be disposed of according to the Minnesota Board of Animal
Health rules which require chicken carcasses to be disposed of as soon as possible
after death, usually within 48 to 72 hours. Legal forms of chicken carcass disposal
include burial, off-site incineration or rendering, or composting.
§ 95.67. Violations.
1. Any person violating any of the sections of this article shall be deemed guilty of a
misdemeanor and upon conviction, shall be penalized in accordance with Section
10.99.
2. If any person is found guilty by a court for violation of this section, their permit to
own, keep, harbor, or have custody of chickens shall be deemed automatically
revoked and no new permit may be issued for a period of one year.
3. Any person violating any conditions of this permit shall reimburse the city for all
costs borne by the city to enforce the conditions of the permit including, but not
limited to, the pickup and impounding of chickens.
§ 95.68. Issuance, Revocation.
A. If granted, the permit shall be issued by the city clerk and officer and shall state
the conditions, if any, imposed upon the permitted for the keeping of chickens under this
permit. The permit shall specify the restrictions, limitations, conditions and prohibitions
which the officer deems reasonably necessary to protect any person or neighboring use from
unsanitary conditions, unreasonable noise or odors, or annoyance, or to protect the public
health and safety. Such permit may be modified from time to time or revoked by the officer
for failure to conform to such restrictions, limitations, or prohibitions. Such modification or
revocation shall be effective after ten days following the mailing of written notice thereof by
certified mail to the person or persons keeping or maintaining such chickens.
B. The city may revoke any permit issued under this article if the person holding the
permit refuses or fails to comply with this article, with any regulations promulgated by the
city council pursuant to this article, or with any state or local law governing cruelty to animals
or the keeping of animals. Any person whose permit is revoked shall, within ten days
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thereafter, humanely dispose of all chickens being owned, kept or harbored by such person,
and no part of the permit fee shall be refunded.
SECTION 8. The City Council of the City of Lake Elmo hereby amends Title IX: General
Regulations; Chapter 95: Animals, by adding the following language:
ARTICLE VI. KEEPING OF BEES
Sec. 95.50 Definitions
Sec. 95.51 Purpose of Ordinance
Sec. 95.52 Standards of Practice
Sec. 95.53 Colony Density
Sec. 95.54 Permit Required
Sec. 95.55 Penalty for Violation of Section
§ 95.70 Definitions
The following words and terms shall have meanings ascribed in this section unless the
context of their used indicates another usage:
Apiary means the assembly of one or more colonies of bees at a single location.
Beekeeper means a person who owns or has charge of one or more colonies of bees.
Beekeeping equipment means anything used in the operation of an apiary, such as
hive bodies, supers, frames, top and bottom boards and extractors.
Colony means an aggregate of bees consisting principally of workers, but having,
when perfect, one queen and at times drones, brood, combs, and honey.
Hive means the receptacle inhabited by a colony that is manufactured for that
purpose.
Honey bee means all life stages of the common domestic honey bee, apis mellifera
(African subspecies and Africanized hybrids are not allowed).
Lot means a contiguous parcel of land under common ownership.
§ 95.71 Purpose of Ordinance
The purpose of this section is to establish certain requirements for beekeeping within the
city, to avoid issues that might otherwise be associated with beekeeping in populated areas.
1. Compliance with this section shall not be a defense to a proceeding alleging
that a given colony constitutes a nuisance, but such compliance may be offered as evidence
of the beekeeper’s efforts to abate any previous nuisance.
2. Compliance with this section shall not be a defense to a proceeding alleging
that a given colony violates applicable ordinances regarding public health, but such
compliance may be offered as evidence of the beekeeper’s compliance with acceptable
standards of practice among hobby beekeepers in the State of Minnesota.
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§ 95.72 Standards of Practice
These standards of practice apply only to lots smaller than five (5) acres.
1. Honey bee colonies shall be kept in hives with removable frames, which must be kept
in sound and usable conditions.
2. Each beekeeper must ensure that a convenient source of water is available within ten
feet of each colony at all times that the colonies remain active outside the hive.
3. Each beekeeper must ensure that no wax comb or other material that might encourage
robbing by other bees that are left upon the grounds of the apiary lot. Such materials
once removed from the site shall be handled and stored in sealed containers, or placed
within a building or other vermin-proof container.
4. Each beekeeper shall maintain his beekeeping equipment in good condition, including
keeping the hived painted if they have been painted but are peeling or flaking, and
securing unused equipment from weather, potential theft or vandalism and occupancy
by swarms.
5. Honey bee colonies may only be kept on lots one-half acre lots or larger.
6. Each beekeeper is allowed to make in person sales of honey from the beekeeper’s
residence as long as the following standards are met:
i. The beekeeper must live on the apiary lot;
ii. All honey sold in person on the residential premise must be produced by the
beekeeper’s hives that are located on the subject residential premise;
iii. No products may be sold in person at the residence except honey and honey
related products produced from hives on the premise;
iv. No outside storage or display of products or merchandise;
v. No traffic that is greater than the residential level of the neighborhood;
vi. No separate business entrance;
vii. All signage must comply with city sign regulations;
viii. Not more than 15 percent of the total gross floor area of the residence or 200
square feet, whichever is less is devoted to making, storing, and selling honey;
ix. No activity or equipment may be used that creates noise, vibration, glare, fumes,
odor, or electric or television interference is permitted if it is detectable by adjacent
neighbors; and
x. No nonresident employees are permitted.
§ 95.73 Colony Density
1. No person is permitted to keep more than the following numbers of colonies on any lot
within the city, based upon the size of the apiary lot:
i. Lot one acre or larger but smaller than two and one-half acres: four colonies;
ii. Two and one-half acre lot or larger but smaller than five acres: six colonies;
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iii. Five acres or larger: no restriction.
2. In each instance where a colony is kept less than 25 feet from an adjacent occupied
residential lot, the beekeeper shall establish and maintain a flyway barrier at least six
(6) feet in height.
§ 95.74 Permit Required
1. No beekeeping may occur on properties of less than five (5) acres unless the city issues a
permit to the beekeeper on that specific property. The permit will be valid for two growing
seasons.
2. A beekeeping permit will only be issued if:
a. The permit application documents the satisfaction of all applicable items found in
Sections 95.70-95.76 of the City Code, and
b. Notices have been mailed to all homes within 150 feet of the applicant’s property lines.
i. If there are objections received within ten days of mailing the notices, then the
permit application must be considered by the city council.
ii. If there are no objections received within ten days of mailing the notices, then the
permit application will be processed by city staff. It will not be referred to the city
council for consideration.
3. Permits are non-transferable and do not run with the land.
4. A permit constitutes a limited license granted to the beekeeper by the city and in no way
creates a vested zoning right.
5. By signing the permit, the beekeeper acknowledges that he or she shall defend and
indemnify the city against any and all claims arising out of keeping the bees on the premises.
6. Beekeeping permit fees shall be as established by the city council.
7. All standards of practice and colony density standards must be met in order to issue a permit.
8. If the standards of practice are not maintained subsequent to issuance of a beekeeping
permit, the permit may be revoked by the city.
9. Beekeeping training is required for the beekeeper prior to issuance of an initial beekeeping
permit by the city.
i. Either provide a certificate of completion from a honeybee keeping course from the
University of Minnesota or from Century College;
ii. Request consideration for having completed a comparable course from another
institution or instructor;
iii. Request consideration for substituting equivalent experience for the honeybee keeping
course; or
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iv. Provide a letter from a current beekeeping instructor at the University of Minnesota,
Century College, or other educational institution offering similar beekeeping courses
that states that the permit applicant has gained through other means a substantially
similar knowledge base to one that could be gained through appropriate beekeeping
courses at the University of Minnesota or Century College.
10. Any beekeeper wishing to make in person sales of honey from their home according to the
standards of practice section must so indicate on the annual permit.
§ 95.75. Application.
Any person desiring a permit required under the provisions of this article shall make written
application to the city clerk upon a form prescribed by and containing such information as
required by the city. Among other things, the application shall contain the following
information:
1. A description of the real property upon which it is desired to keep the bees.
2. A site plan of the property showing the location and size of the proposed apiary,
the number of hives, setbacks from apiary to property lines and surrounding
buildings (including houses and buildings on adjacent lots), and the location, type,
and height of any related flyways.
3. Statements that the applicant will at all times keep the bees in accordance with all
of the conditions prescribed by the officer, or modification thereof, and that
failure to obey such conditions will constitute a violation of the provisions of this
article and grounds for cancellation of the permit.
4. Such other and further information as may be required by the officer.
§ 95.76 Penalty for Violation of Section
Any person who shall violate the provisions of this section shall be guilty of a misdemeanor
and upon conviction, shall be penalized in accordance with Section 10.99.
SECTION 9. Effective Date. This ordinance shall become effective immediately upon
adoption and publication in the official newspaper of the City of Lake Elmo.
SECTION 10. Adoption Date. This Ordinance 08-0XX was adopted on this ________ day
of __________________ 2014, by a vote of _________ Ayes and ________ Nays.
LAKE ELMO CITY COUNCIL
________________________________
Mike Pearson
Mayor
ATTEST:
11
____________________________________
Adam Bell
City Clerk
This Ordinance 08-0XX was published on the ______ day of ____________________, 2014.
12
PLANNING COMMISSION
DATE: 2/10/14
AGENDA ITEM: 5C – BUSINESS ITEM
CASE # 2014 - 10
ITEM: Zoning Text Amendment – Accessory Building Ordinance Updates
SUBMITTED BY: Nick Johnson, City Planner
REVIEWED BY: Kyle Klatt, Community Development Director
SUMMARY AND ACTION REQUESTED:
The Planning Commission is being asked to review a draft ordinance that would update various
portions of the City’s provisions related to accessory buildings. The ordinance update is partially a
house cleaning effort to organize the various accessory building provisions into the correct location.
Also, there are some additional amendments that staff is proposing. The purpose of reviewing the
accessory building ordinance is to get feedback from the Planning Commission in advance of a future
Public Hearing.
REQUEST DETAILS
City staff has been working on an update to the City’s accessory building provisions. One of the
key elements of this effort is to complete some house-keeping by removing an unnecessary code
section that is currently duplicative. When the City adopted new zoning district sections as part
of the Zoning Code Update Project, accessory building provisions were included in each
individual Article (Article 9 – Rural Districts, Article 10 – Urban Residential Districts and
Article 11 – Village Mixed-Use District). However, the old accessory building ordinance
(§154.902) was left in-tact despite the recent updates to accessory building provisions. It is
staff’s intent to remove this duplicative section and replace it with general accessory structures
provisions that relate to structures in all districts (rural, urban and mixed use). The general
provisions would be located in Article 5 – General Regulations. Included in this section are the
following additions:
• The existing ordinance (§154.902) requires that all accessory buildings over 100 square
feet require a building permit. However, under the current version of the State Building
Code, the current threshold is 120 square feet. In addition, there is a possibility that this
may be raised to 160 square feet in the future. For this reason, staff is proposing to
eliminate this provision and replace it with language that requires a certificate of zoning
compliance or building permit dependent on the size of the structure.
• Exempt Structures: The current ordinance does not address certain structures that other
cities do not include in their accessory building allowance. For example, gazebos, play
structures, sport courts, and other structure types do not count towards a property owner’s
accessory building allowance in other communities. In other words, if a resident wanted
BUSINESS ITEM 5C
2
to build a small gazebo, this structure would not count as their one allowed accessory
building under the proposed ordinance.
In addition, staff is proposing to relocate the City Code provisions that relate to pole building
from Chapter 151: Building Regulations to the Zoning Code.
In addition to the cleanup effort, staff has also evaluated the accessory building provisions for
rural districts. The City has undertaken previous efforts to update the accessory building
provisions in rural districts in the past. However, these efforts were not completed at that time.
As part of this proposed update, staff is proposing the following changes/recommendations:
• The maximum number and size of allowed accessory buildings chart (Table 9-3) has
been simplified by regulating accessory structure allowance based solely on parcel size
as opposed to parcel size and zoning. More specifically, the existing ordinance provides
different accessory building allowances depending on whether a parcel is Rural
Residential (RR) or Agricultural (A) zoning. However, in all practicality, the land use
of these two types of areas is extremely similar. Farming and other similar activities
that drive the need for accessory buildings take place on properties with both RR and A
zoning classifications. Therefore, in staff’s judgment, the parcel size is the more critical
consideration than the zoning considering that the zoning categories and the parcels that
have those categories are so similar.
• Regarding structure location, the existing ordinance does not allow accessory buildings
to be located nearer the front lot line than the principal structure. However, there is an
exception listed for A, RR and RS (formerly R-1) properties where these structures can
be located closer to the front lot line by resolution by the City Council. This procedure
is similar to a variance, but more streamlined. Staff recommends that if this provision is
kept in place, it should apply to all rural zoning districts, as opposed to just the A, RR,
and RS districts.
• Finally, regarding structure design, there are some types of accessory buildings that are
unable to match the design of the principal structure for reasons related to their intended
use. Animal buildings, greenhouses, and gazebos are a few examples where the use of
the structure calls for a different design than the principal building.
While the changes to the accessory building provisions in the rural districts may not seem
substantial, staff is still seeking feedback regarding the allowed size and number of buildings.
Given the wide mix rural and older platted lots and variety of agricultural and other land uses in
Lake Elmo, the accessory building provisions need to accommodate a wide mix of situations.
Finally, it should be noted that staff is proposing to leave the accessory building provisions for
the Urban Residential and Village Mixed-Use Districts the same as before, with minor title and
order changes. In terms of accessory structures in Commercial districts, it is also worth noting
that all structures in commercial districts have to meet setback building material requirements of
principal structures. The Lake Elmo Design Guidelines and Standards Manual would also apply
to structures in more intense districts related to building materials and design.
RECCOMENDATION:
No formal action is required at this time. Staff is looking for feedback on the accessory building
ordinance in advance of a future Public Hearing.
BUSINESS ITEM 5C
3
ATTACHMENTS:
1. Draft Accessory Building Ordinance
2. Existing Ordinances pertaining to Accessory Buildings
ORDER OF BUSINESS:
- Introduction ........................................................................................ Planning Staff
- Report by Staff ................................................................................... Planning Staff
- Questions from the Commission ............................ Chair & Commission Members
- Discussion by the Commission .............................. Chair & Commission Members
- Action by the Commission ..................................... Chair & Commission Members
BUSINESS ITEM 5C
ARTICLE 5. GENERAL REGULATIONS
§154.213 Accessory Buildings and Structures, Generally
§154.213 Accessory Buildings and Structures, Generally
A. Purpose. Within the city of Lake Elmo, the following provisions shall apply to accessory
building and structures in all zoning districts.
B. Definitions. The following words, terms and phrases, when used in this section, and all
sections pertaining to accessory buildings or structures, shall have the meanings ascribed to
them in this subsection, except where the context clearly indicates a different meaning:
Agricultural Farm Building. An accessory building used or intended for use on an active
commercial food-producing farm operation of more than 20 acres. A Minnesota Pollution
Control Agency permit may be required.
Detached Domesticated Farm Animal Building. A 1-story accessory building used or intended
for the shelter of domestic farm animals and/or related feed or other farm animal supportive
materials. The building may require a Minnesota Pollution Control Agency feedlot permit in
addition to site and building plan approval.
Detached Residential Garage. A 1-story accessory building used or intended for the storage of
motor driven passenger vehicles. No door or other access opening shall exceed 14 feet in
height.
Storage or Tool Shed. A 1-story accessory building of less than 160 square feet gross area
with a maximum roof height of 12 feet. No door or other access opening shall exceed 28
square feet in area.
C. Permit Required. All accessory building and structures require either a certificate of zoning
compliance or a building permit as determined by the Minnesota State Building Code.
D. Principal Structure Necessary. No accessory buildings of structures shall be constructed nor
accessory use located on a lot until a building permit has been issued for the principal
structure to which it is accessory.
E. Proximity to Principal Structure. An accessory building or structure will be considered as an
integral part of the principal building if it is located six (6) feet or less from the principal
structure.
F. Storage or Tool Sheds. A storage or tool shed as defined in this section may be placed on any
lot in addition to the permitted number of accessory buildings.
G. Exempt Structures. The following residential improvements shall be exempt from the maximum
allowed structure size and number requirements in residential districts:
1. Unenclosed playhouses
2. Gazebos up to 120 square feet in size and a maximum of twelve (12) feet in overall height
3. Detached decks up to 120 square feet in size
4. Outdoor swimming pools
5. Patios
6. Tennis and sport courts
7. Structures, sheds or coops up to two hundred (200) square feet in size used to house
permitted animals, such as chickens, horses, or other livestock. These structures must
meet all required setbacks per MPCA guidelines and the City’s animal ordinances.
DRAFT 2/10/14 1
§154.214 Pole Construction Buildings
A. Pole Construction Buildings, A and RR Districts.
1. Pole construction buildings are permitted in the A and RR zoning districts subject to the
setbacks and other performance standards required under the Zoning Code.
2. Pole construction buildings are prohibited on properties zoned A and RR where a
conditional use permit has been issued for an open space preservation (OP) development.
B. Pole Construction Buildings, RS District. Pole construction buildings are permitted in the RS
zoning district only on parcels that are abutted by land zoned Rural Residential (RR) or
Agricultural (A) Zoned along 75% or more of the perimeter of the subject parcel.
ARTICLE 9. RURAL DISTRICTS
§154.406 Accessory Structures, Rural Districts.
A. Size and Number. The maximum number and size of accessory buildings permitted in rural
zoning districts are outlined in Table 9-3:
Table 9-3: Accessory Buildings, Rural Zoning Districts
Lot Size
Maximum Structure Sizea
(square feet)
No. of
Permitted Bldgs
5,000 sq. ft. - 1 acre 1,200b 1
1 - 2 acres 1,200 1
2 – 5 acres 1,300 1
5 – 10 acres 2,000 1
10 – 15 acres 2,500 1
15 – 20 acres 3,000 2
20 – 40 acres 4,000 2
40+ acres Unregulated Unregulated
Notes to Table 9-3
a. Maximum structure size accounts for the total maximum area allowed for all permitted
accessory structures combined.
b. The 1,200 square foot allowance is for the combined area of the attached and detached
accessory structure or residential garage.
C. Structure Height, Rural Districts. No accessory building shall exceed twenty (20) feet in height
or the height of the principal structure, with the exception of buildings that are intended for a
farming or other agricultural use in the judgment of the City. Building projections or features,
such as chimneys, cupolas, and similar decorations that do not exceed twenty-five (25) feet in
height are permitted in rural districts.
D. Structure Location, Rural Districts. No detached garages or other accessory buildings shall be
located nearer the front lot line than the principal building on that lot, unless, by Resolution of
the City Council, an exception is made to permit a detached garage or accessory structure
nearer the front lot line than the principal building.
DRAFT 2/10/14 2
E. Exterior Design and Color. The exterior building materials, design and color of all accessory
building or structures shall be similar to or compatible with the principal building, with the
exception of the following accessory building or structures:
1. Detached domesticated farm animal buildings
2. Agricultural farm buildings
3. Pole buildings, as defined and regulated in §154.214.
4. Gazebos
5. Swimming pools
6. Other structures in which the required design is integral to the intended use, such as a
greenhouse.
F. Openings and Doors. Garage doors and other openings shall not exceed fourteen (14) feet in
height for all accessory structures, with the exception of buildings that are intended for a
farming or other agricultural use in the judgment of the City.
ARTICLE 10. URBAN RESIDENTIAL DISTRICTS
§154.456 Residential Accessory Structures, Urban Residential Districts.
A. Attached Structures, Urban Residential Districts. An accessory structure shall be considered
attached, and an integral part of, the principal structure when it is connected by an enclosed
passageway. All attached accessory structures shall be subject to the following requirements:
1. The structure shall meet the required yard setbacks for a principal structure, as
established for the zoning district in which it is located; and
2. The structure shall not exceed the height of the principal building to which it is attached.
B. Attached Garages, Urban Residential Districts
1. Attached garages are encouraged to be side or rear loaded. If facing the primary street,
garages shall be designed using one of the following techniques, unless specific physical
conditions on the lot in question require a different approach:
a. The front of the garage is recessed at least 4 feet behind the plane of the primary
facade; or
b. The front of the garage is recessed at least 4 feet behind a porch if the garage is even
with the primary façade.
2. The width of the attached garage shall not exceed 60% of the width of the entire principal
building façade (including garage) fronting the primary street.
3. Attached garages shall not exceed 1,000 square feet in area at the ground floor level
except by conditional use permit.
4. Garage doors or openings shall not exceed 14 feet in height.
C. Detached Structures, Urban Residential Districts. Detached accessory structures shall be
permitted in residential districts in accordance with the following requirements:
DRAFT 2/10/14 3
1. Detached accessory structures shall be located to the side or rear of the principal building,
and are not permitted within the required front yard or within a side yard abutting a
street.
2. Detached garages shall not exceed 1,000 square feet at ground floor level and shall not
exceed a height of 22 feet or the height of the principal structure, whichever is higher. The
maximum size and height may be increased upon approval of a conditional use permit,
provided that lot coverage requirements are satisfied.
3. Pole barns, as defined herein, exceeding 120 square feet shall be prohibited.
4. No more than 30% of the rear yard area may be covered by accessory structures.
5. Garage doors or openings shall not exceed 14 feet in height.
D. Exterior Design and Color, All Accessory Structures. The exterior building materials, design and
color of all accessory building or structures shall be similar to or compatible with the principal
building, with the exception of the following accessory building or structures:
1. Gazebos
2. Swimming pools
3. Tennis and sport courts
4. Other structures in which the required design is integral to the intended use, such as a
greenhouse.
ARTICLE 11. VILLAGE MIXED-USE DISTRICT
§154.508 Residential Accessory Structures, Village Mixed-Use District.
A. Attached Structures, Village Mixed-Use District. An accessory structure shall be considered
attached, and an integral part of, the principal structure when it is connected by an enclosed
passageway. All attached accessory structures shall be subject to the following requirements:
1. The structure shall meet the required yard setbacks for a principal structure, as
established for the zoning district in which it is located.
2. The structure shall not exceed the height of the principal building to which it is attached.
B. Attached Garages, Mixed-Use District
1. Attached garages are encouraged to be side or rear loaded. If facing the primary street,
garages shall be designed using one of the following techniques, unless specific physical
conditions on the lot in question require a different approach:
a. The front of the garage is recessed at least four (4) feet behind the plane of the
primary façade; or
b. The front of the garage is recessed at least four (4) feet behind a porch if the garage is
even with the primary façade;
2. The width of the attached garage shall not exceed 40% of the width of the entire principal
building façade (including garage) fronting the primary street.
3. Attached garages shall not exceed one thousand (1,000) square feet in area at the ground
floor level except by conditional use permit.
4. Garage doors or openings shall not exceed fourteen (14) feet in height.
C. Detached Structures, Village Mixed-Use District. Detached accessory structures for permitted
residential structures in the VMX District accordance with the following requirements:
DRAFT 2/10/14 4
1. Detached accessory structures shall be located to the side or rear of the principal building,
and are not permitted within the required front yard or within a side yard abutting a
street.
2. Detached garages shall not exceed one thousand (1,000) square feet at ground floor level
and shall not exceed a height of twenty-two (22) feet or the height of the principal
structure, whichever is higher. The maximum size and height may be increased upon
approval of a conditional use permit, provided that lot coverage requirements are
satisfied.
3. Pole barns, as defined herein, shall be prohibited.
4. No more than thirty (30) percent of the rear yard area may be covered by accessory
structures.
5. Garage doors or openings shall not exceed fourteen (14) feet in height.
D. Exterior Design and Color, All Accessory Structures. The exterior building materials, design and
color of all accessory building or structures shall be similar to or compatible with the principal
building, with the exception of the following accessory building or structures:
1. Gazebos
2. Swimming pools
3. Tennis and sport courts
4. Other structures in which the required design is integral to the intended use, such as a
greenhouse.
DRAFT 2/10/14 5
Existing Ordinances pertaining to Accessory Structures
Planning Commission, 2/10/2014
§154.902 ACCESSORY BUILDINGS AND STRUCTURES.
(A) Types of accessory buildings include storage or tool sheds; detached residential garage;
detached rural storage building; detached domesticated farm animal buildings; agricultural farm
buildings. The accessory buildings are defined as follows:
(1) STORAGE OR TOOL SHED. A 1-story accessory building of less than 160 square
feet gross area with a maximum roof height of 12 feet and exterior colors or material matching
the principal structure or utilizing earthen tones. No door or other access opening in the storage
or tool shed shall exceed 28 square feet in area.
(2) DETACHED RESIDENTIAL GARAGE. A 1-story accessory building used or
intended for the storage of motor driven passenger vehicles regulated in § 154.093 with a
maximum roof height of 20 feet. No door or other access opening shall exceed 14 feet in
height. The exterior color, design, and materials shall be similar to the principal structure.
(3) DETACHED RURAL STORAGE BUILDING. A 1-story accessory building used
or intended for the storage of hobby tools, garden equipment, workshop equipment and the
like. Exterior materials shall match the principal structure in exterior color or be of an earthen
tone.
(4) DETACHED DOMESTICATED FARM ANIMAL BUILDING. A 1-story
accessory building used or intended for the shelter of domestic farm animals and/or related feed
or other farm animal supportive materials. The building shall require a Minnesota Pollution
Control Agency feedlot permit and site and building plan approval.
(Am. Ord. 97-38, passed 11-17-1998)
(5) AGRICULTURAL FARM BUILDING. An accessory building used or intended for
use on an active commercial food-producing farm operation of more than 20 acres, a Minnesota
Pollution Control Agency permit may be required.
(B) A tool shed as defined in this section may be placed on any lot in addition to the
permitted number of accessory buildings.
(C) No accessory building shall be constructed nor accessory use located on a lot until a
building permit has been issued for the principal building to which it is accessory.
(D) No accessory building used or intended for the storage of passenger automobiles shall
exceed 1,000 square feet of gross area, nor shall any access door or other opening exceed the
height of 10 feet, nor shall any structure exceed 1 story in height except when the garages are
located in business, industrial or planned unit developments. On parcels of 20,000 square feet in
area or less, no detached accessory building or garage shall exceed the size of the principal
2
building in gross floor area.
(E) An accessory building shall be considered as an integral part of the principal building if
it is located 6 feet or less from the principal building. The exterior design and color shall be the
same as that of the principal building or be of an earthen tone; the height shall not exceed the
height of the principal structure unless more restrictive portions of this chapter prevail.
(F) No accessory building in a commercial or industrial district shall exceed the height of
the principal building.
(G) No accessory buildings in apartment developments shall exceed the height of the
principal building.
(H) Accessory buildings in the commercial and industrial districts may be located to the
rear of the principal building, subject to the Building Code and fire zone regulations.
(I) No detached garages or other accessory buildings in residential districts shall be located
nearer the front lot line than the principal building on that lot, except in AG, RR, and R-1
Districts where detached garages may be permitted nearer the front lot line than the principal
building by resolution of the City Council, except in planned unit developments or duster
developments.
(Ord. 97-107, passed 4-16-2002)
(J) Accessory structures located on lake or stream frontage lots may be located between the
public road and the principal structure, provided that the physical conditions of the lot require
such a location and a resolution is issued. In no event shall the structure be located closer than
20 feet to the public right-of-way.
(K) All accessory buildings over 35 square feet in area shall have a foundation, concrete
slab or wind anchor. Buildings larger than 100 square feet shall require a building permit
regardless of improvement value. Roof loads and wind loads shall conform to requirements as
contained in the Building Code.
(L) The required rear yard setbacks for detached residential garages, and storage, boat, and
tool sheds shall be a distance equal to the required side yard setback for each zoning district,
except on through lots when the required rear yard setback in each zoning district shall apply.
(M) Performance standards for detached agricultural buildings and domesticated farm
animal buildings on parcels of less than 20 acres shall include the following:
(1) Setbacks. All animal buildings, feedlots, and manure storage sites shall be set back
in accordance with the underlying zoning district regulations.
(2) Slopes. The building, feedlot, or manure storage shall not be placed on slopes which
exceed 13%.
(3) Water level. Evidence of the seasonally high groundwater level or mottled soil (as
established by 8-1/2 foot borings) shall not be closer than 6-1/2 feet to the natural surface ground
grade in any area within 100 feet of the proposed building and/or feedlot.
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(4) Wetlands. No marsh or wetland (as established by the predominant wetland
vegetation and/or soils) shall be utilized for placement of the proposed structure, feedlot, or
grazing area.
(1997 Code, § 300.13 Subd. 3)
§ 154.903 NUMBER/SIZE OF ACCESSORY BUILDINGS.
The maximum number and size of accessory buildings permitted in each zoning district shall
be as follows. No accessory building shall be constructed unless there is adequate room for the
required secondary drainfield site.
Maximum Number and Size of Accessory Buildings
Agricultural
There shall be no limit on the size or number of accessory
buildings so long as the parcel is a nominal 40 acres or more,
and buildings are agricultural buildings as defined in §
154.092(A)(5).
Maximum Number and Size of Accessory Buildings
Agricultural (Non-conforming)
Up to 10 acres Two buildings with a combined area not to exceed 2,000
square feet
Over 10 acres but less than 40 acres Two buildings and the area of each building not to exceed
2,000 square feet
Rural Residential
Up to 10 acres One 2,000-square foot detached building, in addition to an
attached garage
Over 10 acres 15 Acres One 2,500-square foot detached building in addition to an
attached garage
Over 15 acres One 3,000-square foot detached building, in addition to an
attached garage
Residential - R-1, RED, and OP
Over 5,000 square feet but less than
1 acre
A combined 1,200 square feet total for both attached and
detached accessory structures or residential garage; the size of
the footprint of the detached structure shall not exceed the size
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of the footprint of the primary structure
From 1 acre to 2 acres One 1,200-square foot detached residential, garage or building,
in addition to an attached garage
Over 2 acres One 1,300-square foot detached residential garage or building
in addition to an attached garage
(1997 Code, § 300.13 Subd. 4) (Am. Ord. 97-38, passed 11-17-1998; Am. Ord. 97-206, passed
12-11-2007)
§ 151.024 POLE CONSTRUCTION BUILDINGS.
Pole construction buildings shall be permitted in the Agricultural and Rural Residential
Zoning Districts only, except they are permitted in the R1 Zoning District where a parcel
Zoned R-1 is abutted in a measured amount of 75% or more its perimeter by lands zoned
Agricultural; and except they shall be prohibited where a conditional use permit has been
issued for an open space preservation development.
(1997 Code, § 505.10) (Am. Ord. 97-91, passed 10-16-2001; Am. Ord. 97-100, passed 2-
5-2002)
§ 154.406 ACCESSORY STRUCTURES – RURAL DISTRICTS.
In all rural districts, the design and construction of any garage, carport, or storage building shall
be similar to or compatible with the design and construction of the principal building. The
exterior building materials, roof style, and colors shall be similar to or compatible with the
principal building.
A. Maximum Number and Size of Accessory Structures in Rural Districts. The maximum
number and size of accessory buildings permitted in the rural districts are outlined in
Table 9-3. No accessory building shall be constructed unless there is adequate room
for the required secondary drainfield site.
5
Table 9-3 Maximum Number and Size of Accessory Structures –
Rural Districts
Zoning District +
Parcel Size
Standard
A (Conforming) There shall be no limit on the size or
number of accessory buildings so long
as the parcel is a nominal 40 acres or
more, and buildings are agricultural
buildings as defined in
§ 154.092(A)(5)
A (Non-conforming)
Up to 10 acres Two buildings with a combined area
not to exceed 2,000 square feet.
Over 10 acres but less
than 40 acres
Two buildings and the area of each
building not to exceed 2,000 square
feet
RR
Up to 10 acres One 2,000-square foot detached
building.
10-15 acres One 2,500-square foot detached
building.
Over 15 acres One 3,000-square foot detached
building.
RS and RE
Over 5,000 square
feet but less than one
acre
A combined 1,200 square feet total for
both attached and detached accessory
structures or residential garage; the
size of the footprint of the detached
structure shall not exceed the size of
the footprint of the primary structure
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1-2 acres One 1,200-square foot detached
residential garage or building.
Over 2 acres One 1,300-square foot detached
residential garage or building.
B. Attached Structures. An accessory structure shall be considered attached, and an
integral part of, the principal structure when it is connected by an enclosed
passageway. All attached accessory structures shall be subject to the following
requirements:
1. The structure shall meet the required yard setbacks for a principal
structure, as established for the zoning district in which it is located.
2. The structure shall not exceed the height of the principal building to which
it is attached.
C. Detached Structures. Detached accessory structures shall be permitted in rural
districts in accordance with the following requirements:
1. Detached structures shall comply with the provisions of Section 154.092.
2. No detached garages or other accessory buildings in residential districts
shall be located nearer the front lot line than the principal building on that
lot, except in AG, RR and RS Districts where detached garages may be
permitted nearer the front lot line than the principal building by resolution
by the City Council.
3. Pole barns, as defined herein, exceeding one hundred twenty (120) square
feet shall be prohibited in the RS and RE Districts.
4. Garage doors or openings shall not exceed fourteen (14) feet in height.
5. Detached structures shall not exceed a height of twenty-two (22) feet or
the height of the principal structure, whichever is higher unless otherwise
specified in Section 154.092.
(Ord. 2012-073, passed 3-19-2013)
§ 154.457 RESIDENTIAL ACCESSORY STRUCTURES.
In all residential districts, the design and construction of any garage, carport, or storage
building shall be similar to or compatible with the design and construction of the main building.
The exterior building materials, roof style, and colors shall be similar to or compatible with the
main building or shall be commonly associated with residential construction.
7
(A) Attached structures. An accessory structure shall be considered attached, and an
integral part of, the principal structure when it is connected by an enclosed passageway. All
attached accessory structures shall be subject to the following requirements:
(1) The structure shall meet the required yard setbacks for a principal structure, as
established for the zoning district in which it is located; and
(2) The structure shall not exceed the height of the principal building to which it is
attached.
(B) Attached garages.
(1) Attached garages are encouraged to be side or rear loaded. If facing the primary
street, garages shall be designed using one of the following techniques, unless specific physical
conditions on the lot in question require a different approach:
(a) The front of the garage is recessed at least 4 feet behind the plane of the primary
facade;
(b) The front of the garage is recessed at least 4 feet behind a porch if the garage is
even with the primary façade; or
(2) The width of the attached garage shall not exceed 60% of the width of the entire
principal building façade (including garage) fronting the primary street.
(3) Attached garages shall not exceed 1,000 square feet in area at the ground floor level
except by conditional use permit.
(4) Garage doors or openings shall not exceed 14 feet in height.
(C) Detached structures. Detached accessory structures shall be permitted in residential
districts in accordance with the following requirements:
(1) Detached accessory structures shall be located to the side or rear of the principal
building, and are not permitted within the required front yard or within a side yard abutting a
street.
(2) Detached garages shall not exceed 1,000 square feet at ground floor level and shall
not exceed a height of 22 feet or the height of the principal structure, whichever is higher. The
maximum size and height may be increased upon approval of a conditional use permit, provided
that lot coverage requirements are satisfied.
(3) Pole barns, as defined herein, exceeding 120 square feet shall be prohibited.
(4) No more than 30% of the rear yard area may be covered by accessory structures.
(5) Garage doors or openings shall not exceed 14 feet in height.
(Ord. 2012-062, passed 9-18-2012) Penalty, see § 154.999
§ 154.508 RESIDENTIAL ACCESSORY STRUCTURES
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On parcels used for residential structures within the VMX District, the design and construction of any
garage, carport, or storage building shall be similar to or compatible with the design and construction of
the main building. The exterior building materials, roof style, and colors shall be similar to or compatible
with the main building or shall be commonly associated with residential construction.
A. Attached structures. An accessory structure shall be considered attached, and an integral part of,
the principal structure when it is connected by an enclosed passageway. All attached accessory
structures shall be subject to the following requirements:
1. The structure shall meet the required yard setbacks for a principal structure, as established for
the zoning district in which it is located.
2. The structure shall not exceed the height of the principal building to which it is attached.
B. Attached Garages.
1. Attached garages are encouraged to be side or rear loaded. If facing the primary street,
garages shall be designed using one of the following techniques, unless specific physical
conditions on the lot in question require a different approach:
a. The front of the garage is recessed at least four (4) feet behind the plane of the primary
façade; or
b. The front of the garage is recessed at least four (4) feet behind a porch if the garage is
even with the primary façade; or
c. The width of the attached garage shall not exceed 40% of the width of the entire principal
building façade (including garage) fronting the primary street.
2. Attached garages shall not exceed one thousand (1,000) square feet in area at the ground floor
level except by conditional use permit.
3. Garage doors or openings shall not exceed fourteen (14) feet in height.
C. Detached structures. Detached accessory structures for permitted residential structures in the
VMX District accordance with the following requirements:
1. Detached accessory structures shall be located to the side or rear of the principal building,
and are not permitted within the required front yard or within a side yard abutting a street.
2. Detached garages shall not exceed one thousand (1,000) square feet at ground floor level and
shall not exceed a height of twenty-two (22) feet or the height of the principal structure,
whichever is higher. The maximum size and height may be increased upon approval of a
conditional use permit, provided that lot coverage requirements are satisfied.
9
3. Pole barns, as defined herein, shall be prohibited.
4. No more than thirty (30) percent of the rear yard area may be covered by accessory
structures.
5. Garage doors or openings shall not exceed fourteen (14) feet in height.
(Ord 08-091, passed 11-13-2013)
TO: Lake Elmo Community Development Department
FROM: Todd Williams, Planning Commission Chair
RE: Culdesac Discussion
DATE: Feb 4, 2014
There is an apparent divergence of opinion regarding the desirability of culdesacs in new residential
developments in the Old Village. This issue has been brought to the forefront by the Easton Village
development, whose initial concept plan was presented at the last Planning Commission meeting.
It occurs to me that our current zoning code and design standards do not address this issue, but they
should. Accordingly, I request that this issue be part of the next Planning Commission meeting agenda as
a discussion item. Specifically, the Commission should discuss whether or not the Lake Elmo
development regulations and standards should contain language either favoring or discouraging
culdesacs in new residential developments in the Old Village.
I understand that development in the Mixed Use area of the Old Village will be regulated by some kind
of form based code, yet to be developed. But the significant areas of residential development outside
the MX area do not have any regulations about culdesacs, except a general limit of 600 feet in length.
These are the areas the Commission should discuss.
Because I will not be attending the next Commission meeting, I wish to present my own comments here,
for the benefit of the overall discussion. I am highlighting only the most important considerations, in my
current understanding.
1. Former Planning Commissioner Nadine Obermuller sent an email to the Council, Community
Development Department, and myself regarding this topic. She included a selection of text from
a Wikipedia discussion of culdesacs. I found the Wikipedia discussion very balanced and
informative. All Commissioners are encouraged to read the text at
https://en.wikipedia.org/wiki/Culdesac. Note that the text included by Obermuller is down
several screens from the start.
2. Culdesacs certainly have an advantage in reducing overall traffic in local neighborhoods. They
also improve opportunities for children to play in the street more safely than in through streets.
3. As the Old Village sewered development was discussed over years, the concept of walkability
was frequently mentioned as being desirable for all areas, not just the Mixed Use area.
Traditional culdesacs do not encourage walkability, because they are not connected except by
convoluted roadways. Some kind of trail or pathway system connecting culdesacs would go a
long way to improving the traditional model. In the Wikipedia entry is a diagram of such a
“connected” culdesac system. I have copied it here:
Certainly, this is only one concept, but it does give us an idea of how the traditional,
“disconnected” culdesac development might be made more walkable. I think it is obvious that
this concept could easily apply to the Easton Village development, and by inference to all future
Old Village residential developments.
4. As sewered development in Lake Elmo proceeds, unanticipated issues will continue to arise. As
long as Lake Elmo’s leaders maintain a healthy attitude of continuous learning, we will
successfully deal with such issues as they arise and make the best decisions based on knowledge
available. When such issues arise, we must address them forthrightly and honestly. This
culdesac consideration is one of those issues.
5. It is very important that the Lake Elmo Planning Commission and Council address this culdesac
issue at the earliest opportunity. While this is only one issue in the complex development
planning process for the Old Village, it will likely have a very large effect on the overall feeling
and environment of the final, developed area. Our current regulations do not really address the
issue, so concept plans and preliminary plats have no guidance one way or the other. We need
to make a conscious decision how we want to direct residential developments: either leave it up
to the inconsistencies of different developers or have a unifying standard for the Old Village
area.
6. Walkability is a goal in the sewered residential developments south of 10th Street. Some
attention should be given to whether traditional, disconnected culdesacs are desirable for that
area as well.
Respectfully submitted,
Todd Willams
Ethics & the Planning Commission
“Ma’am, We’re Here for You.”
by Ben Frost, AICP, Esq.
December 11th, 2013
We’re pleased to welcome Ben Frost to the PlannersWeb. In this column, he addresses a question every
planning commissioner faces, but one that’s not often discussed: who does the planning commission serve? We
invite you to join a discussion of this article — adding your own thoughts — on our PlannersWeb Linkedin
group page.
As I sat through a public hearing for another minor site plan revision, what I wanted to say was
“Ma’am, we’re here for you.”
I serve on my town’s planning commission. We’re a group of volunteers appointed by our board of
selectmen; our appointments are based partly on our qualifications, but mainly they’re based on the
fact that we show an interest in our community and its future. I suspect that this is the primary factor
that motivates the interest of most planning commissioners – wanting to give something back. But to
give back to whom? Who do we serve as we fulfill this motivation?
This was the situation at that recent public hearing: the owner of a small light manufacturing plant
wanted to modestly expand his building to accommodate new equipment, and this required a
modification to the approved site plan. The facility is in a commercial zone, but surrounded by
residential uses. Abutters were notified, the hearing was scheduled, and there we sat listening to the
presentation by the applicant. The commissioners all seemed amenable to the proposal and asked few
questions.
The public hearing was opened, and an elderly woman — the only person there other than us and the
applicant — introduced herself as a direct abutter. She spoke glowingly of the applicant, saying that he
was a good neighbor, and then she started to gently interrogate him — would the hours of operation
change? would the traffic pattern change? would there be added noise from the new HVAC unit? and
so on. All her questions were good and expressed the valid concerns of an abutter, but at one point she
turned to the commissioners and said “I’m sorry, I don’t want to waste your time.”
It was then that I wanted to say “Ma’am, we’re here for you.” But I didn’t say it, because as the
words sat inside my head I thought, I’m also here for the applicant. While I know that we
commissioners sat there also to represent the interests of the public generally, our decisions often are
reduced to a struggle between an applicant and those who would be directly impacted by the proposal
under consideration.
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When there is such conflict, the commission can’t
please both the applicant and the abutters, and it may
feel easier to yield to abutter-raised concerns and
either deny the application or impose unreasonable
conditions. Otherwise, the commission risks being
seen as a “rubber stamp” body that is in the pocket of
developers. The abutters are the people whom
commissioners are more likely to run into in the
grocery store. They’re more often our neighbors than
are the applicants. But commissioners generally are
compelled by law to make the harder decision and say
“yes” to the applicant.
As a young town planner twenty-five years ago, I remember reading a local newspaper article about
my counterpart in an adjacent town who had been fired because of allegations that he was too
“friendly” with developers. Chances are he was just doing his job. Planning commissioners are in the
same boat. My state’s constitution has been interpreted to mean that as governmental bodies,
planning commissions are required to assist the applicants appearing before them; 1 your state likely
has a similar requirement, whether it is in your constitution, statutes, or court decisions.
You don’t need to engineer the applicant’s plans, but you
do need to provide the applicant with guidance through the
process. For example, a commission should tell an
applicant early on what the major concerns are that will
pose a barrier to approval. Failure to give this guidance
doesn’t protect the public interest by validating abutters’
issues. Rather, it ignores the purpose of government and
the planning commission’s ethical obligations to serve all of
the people, not just those you pass regularly on the
sidewalk. By the same token, you’re there to serve your
friends and neighbors too — so the abutters deserve your
best advice as well.
At the end of our recent hearing for the minor site plan amendment, the elderly abutter expressed her
gratitude to us for listening to her concerns and the commission approved the application with a short
list of conditions. The abutter and the applicant both left with the satisfaction that we had done our
job. We had balanced the interests of the property owner against those of the people living in the
neighborhood — that is, the private property rights weighed against the interests of the larger
community. Striking that balance and serving the interests of all is the essential legal and ethical
obligation of the planning commission.
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Ben Frost is the Director of Public Affairs at New
Hampshire Housing, where he coordinates federal
and state legislative initiatives and provides
direct technical assistance to municipalities to
help them develop regulations promoting
affordable housing and sustainable development.
He frequently lectures on issues of affordable and
workforce housing, planning and zoning law, and
ethics.
Ben has over 25 years of experience as a land use planner, and over 15 years as an attorney. Previously, he was
a Senior Planner with the NH Office of Energy and Planning, he was the executive director of the Upper Valley
Lake Sunapee Regional Planning Commission, and he was also a planner and administrator in local and
regional government in New Hampshire and elsewhere.
Ben is also past chairman of the Municipal Section of the New Hampshire Bar Association and is a founding
director of the NH Municipal Lawyers Association. He serves as the Treasurer of the NH Planners Association and
as the Professional Development Officer of the Northern New England Chapter of the American Planning
Association. Ben holds B.A. and M.A. degrees in Geography from Colgate University and Syracuse University,
respectively and a law degree from Cornell Law School. He lives in Warner, NH, where he serves on the planning
board.
Notes:
1.“…in furtherance of Part I, Article 1 of our State Constitution, municipalities have an obligation
‘to provide assistance to all their citizens’ seeking approval under zoning ordinances.”
Richmond Company, Inc. v. City of Concord, 149 N.H. 312, 315, 821 A.2d 1059 (2003)
(quoting Savage v. Town of Rye, 120 N.H. 409, 411, 415 A.2d 873 (1980) and Carbonneau v.
Town of Rye, 120 N.H. 96, 99, 411 A.2d 1110 (1980) ). ↩
Tags:Citizens, Ethical Issues, Making Meetings Work
Printed From: http://plannersweb.com/2013/12/maam/
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