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HomeMy WebLinkAboutPZ Minutes; 07-24-17Lake Elmo Planning Commission Minutes; 7-24-17 City of Lake Elmo Planning Commission Meeting Minutes of July 24, 2017 Chairman Kreimer called to order the meeting of the Lake Elmo Planning Commission at 7:00 p.m. COMMISSIONERS PRESENT: Kreimer, Dodson, Emerson, Williams, Lundquist, Johnson, Larson and Hartley COMMISSIONERS ABSENT: Dorschner STAFF PRESENT: City Planner Becker Approve Agenda: The agenda was accepted as presented Approve Minutes: July 10, 2017 M/S/P: Hartley/Lundquist, move to approve the July 10, 2017 minutes as amended, Vote: 7-0, motion carried unanimously. Public Hearing – Shoreland Variance 8690 Lake Jane Trail Becker started her presentation regarding a request from Glenwood Homes for a variance from the minimum structure setback standard from the Ordinary High Water level of a Recreational Development Lake within the Shoreland District to allow the expansion of a non-conforming structure for the property located at 8690 Lake Jane Trail N. The applicant would like to add an expansion of the current garage as well as a porch addition and patio. The current home is setback approximately 75 feet from the OHW level. The current requirement is 100 feet, so the home is currently non- conforming. The MNDNR is recommending that if the variance is granted, impervious surface created by further encroachment is mitigated. Becker stated that the impervious surface is actually being decreased as the applicant is removing a concrete area. Therefore staff is not recommending that a rain garden be installed. Staff is recommending that an escrow be collected based on an estimate of the cost for the concrete to be removed to ensure that it will be removed as proposed . Becker went through the 4 findings in regards to the variance that need to be met in order to grant the variance. These are practical difficulties, unique circumstances, character of locality and effect on adjacent properties and traffic. There are 2 staff 2 Lake Elmo Planning Commission Minutes; 7-24-17 recommended conditions of approval which include a required escrow and that the applicant obtain all applicable permits. Dodson is wondering if there is any risk if the City goes against the DNR recommendation. Becker stated that the DNR is a recommending body, but can appeal the decision if they feel strongly. Ultimately it is the decision of the City. Dodson also asked if there were any other recommendations besides a rain garden. Becker stated that on another variance there was the suggest ion to reduce the expansion and to restore the shore line to the natural condition. Williams asked if the property owners purchased the house after the shoreland ordinance went into effect. Williams stated that if the current land owner purchased the house knowing that it was non-conforming, why is the request for the variance not due to their own efforts. He feels that if a property owner purchases a property that has restrictions, he doesn’t feel that meets the requirement of unique circumstances. Becker feels that the unique circumstances is because of the location of the septic system. Hartley is wondering about where the hardship is that didn’t exist when they purchased the property. Becker stated that the term hardship does not apply anymore. Morgan Jenkins, Glenwood Homes, stated that the homeowners were under the impression when they purchased the property that there was only a 75 foot setback vs 100 foot setback. This changed to 100 feet because of the location of the septic. Jenkins feels that needs of homeowners change over time and they should be able to use their property to the fullest. The Commission had questions regarding the removal of the concrete. Jenkins talked about the removal and installation of green space. Public Hearing opened at 7:20 pm No one spoke and there were 2 letters in support Public Hearing closed at 7:20 pm Ben Pepin, property owner, purchased the home in 2014 as a single person. He was recently married and their needs have changed. Williams only concern has to do with the setback and meeting criteria number 2 of unique circumstances. Morgan Jenkins stated that they are not going closer to the lake with the project than they currently are, so it is not a setback issue. 3 Lake Elmo Planning Commission Minutes; 7-24-17 Kreimer stated that he feels the project is an improvement to the property, but wants to make sure that legally they can approve it as having met all of the variance conditions. Hartley feels that the improvements are not making the non-conformity better. As a tradeoff for that, they should consider the mitigation features proposed by the DNR. Emerson doesn’t feel that there should be more restrictions put on something that will continue to be non-conforming when they are actually improving the property. Becker stated that anything beyond normal repair to this home would require a variance. Williams stated in essence any change to the foot print would require a variance. M/S/P: Williams/Dodson, move to add 2 additional findings 1) that the proposed activity does not increase the degree of non-conformity and 2) that the amount of impervious surface would be decreased as a result of this proposal, Vote: 7-0, motion carried unanimously. Williams asked the applicant how big the storage shed and remaining pad will be. The applicant stated that the shed is 10x12 and the pad is 16x16. Williams asked if the pad could be reduced. Jenkins stated that they would be willing to reduce that area. M/S/P: Williams/Lundquist, move to add an additional condition that the applicant will use either pervious pavers for the patio area or construct a rain garden as recommended by the DNR to contain run off from the impervious surface at the applicants option, Vote: 7-0, motion carried unanimously. Hartley thinks that the house gutters and rain garden would be a better solution than the pervious pavers. Emerson does not feel that they work well and are a maintenance issue. Hartley stated that he has one in his front yard and if they are designed properly, they work well. M/S/P: Williams/Lundquist, move to recommend approval of the request for shoreland variance for the property located at 8690 Lake Jane Trail N, subject to the conditions of approval as amended and the findings as amended, Vote: 7-0, motion carried unanimously. City Council Updates – July 18, 2017 Meeting i) Easton Village 3rd Addition Final Plat – passed ii) Easton Village 3rd Addition Developer Agreement - passed Staff Updates 1. Upcoming Meetings a. August 14, 2017 4 Lake Elmo Planning Commission Minutes; 7-24-17 b. August 28, 2017 2. MAC CEP Report Commission Concerns Hartley talked about the meetings regarding the Comprehensive plan as the Planning Commission representative. Williams would like to see more effort put in by staff to start looking at items on the work plan. Lundquist asked about the proposed cemetery and where that is at or if it is still in the appeals court. Becker stated that she has not heard of anything further on the issue. Lundquist feels it would be in the community’s best interest to explore the possibility of a park and ride along 94 somewhere. Meeting adjourned at 8:12 pm Respectfully submitted, Joan Ziertman Planning Program Assistant