HomeMy WebLinkAboutPZ Packet 04-25-11CW LAKE City of Leake Elmo
Laverne Avenue North
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Lake Elmo, Minnesota 55042
(651) 777-5510 Fax: (651) 777-9615
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The City of Lake Elmo
Planning Commission will conduct a meeting on
Monday, April 25, 2011, at 7:00 p.m.
1. Pledge of Allegiance
2. Approve Agenda
3. Approve Minutes
a. April 11, 2010
4. Public Hearing
a. VARIANCE: Consideration of a variance application to allow a septic
system's drainfield to be 25 feet from the Ordinary High Waterline where 75
feet is required at 8242 Hidden Bay Trail.
b. CONDITIONAL USE PERMIT AMENDMENT: Consideration of a CUP
amendment to allow a maintenance shop at the Jesuit Retreat located at 8243
Demontreville Trail.
c. ZONING TEXT AMENDMENT: Consideration of an ordinance to amend
Chapter 154 to allow the public purchase of land for public purposes to not
count against minimum lot size requirements for potential future subdivisions.
5. Business Item
a. None.
a
6. Updates
a. City Council Updates — None.
b. Staff Updates
c. Commission Concerns
7. Adjourn
City of Lake Elmo
Planning Commission Meeting
Minutes of April 11, 2011
Chairman Van Zandt called to order the meeting of the Lake Elmo Planning Commission
at 7:00 p.m. COMMISSIONERS PRESENT: Bidon, Fliflet, Haggard, Hall,
Obermueller, Pelletier, Van Zandt and Williams. Absent: Van From and Ziertman.
STAFF PRESENT: Planning Director Klatt and Planner Matzek.
Agenda
Chairman Van Zandt asked staff for a reminder of who is able to vote.
M/S/P, Williams/Bidon, move to approve as presented. Vote: 8:0.
Minutes January 10, 2011
M/S/P, Hall/Williams, move to approve as presented. Vote: 6:0. Haggard and
Obennueller abstained.
Public Hearing — None
Business Item — Future Land Use Categories and Zoning Code Update Discussion
Planning Director Klatt said this is an extension of last meeting's discussion regarding
potential updates to the zoning ordinance. He identified a list of potential zoning districts
for the new ordinance, including a general purpose statement.
Commissioner Williams asked why the city had to have so many districts and if it was
required. He asked if the land use categories could be removed and just use zoning.
Planning Director Klatt said the zoning districts have to be consistent with the
Comprehensive Plan. He said land use categories are for future guidance and zoning is
for implementation.
Commissioner Williams asked if the purpose statement would be revised to fit the new
land use categories.
Planning Director Klatt agreed that it would be revised.
Commissioner Hall asked for future documents to reflect whether or not a district was
planned for sewer and what the proposed density is for each district.
Commissioner Obermueller asked when details such as building height would be
discussed.
Planning Director Klatt said it would be one of the next steps.
Commissioner Pelletier asked how a form based code would impact this work.
Chairman Van Zandt said the city needs to think of who creates the taxes and it is not the
people who leave this city.
Business — Amending Storm Water and Erosion and Sediment Control
Planner Matzek said the ordinance is proposed to have minor clarifying revisions. She
said the AUAR would also have a minor amendment to reflect this new change, but that
is a more administrative process.
Commissioner Williams suggested taking out the text "and discretion" from Sections
150.287 B and C.
Commissioner Fliflet suggested the Best Management Practices are subjective and this
gives the engineer additional flexibility.
M/S, Bidon/Fliflet, move to approve the changes as recommended by staff.
M/S/P, Williams/Hall, move to amend the motion to remove "and discretion" from
Sections 150.287 B and C. Vote: 6:2. Bidon and Fliflet against.
The commission voted on the original motion as amended. Vote: 6:2. Bidon and Fliflet
against.
Business Item — I-94 Stakeholder Meeting (Held March 31")
Planner Matzek said 36 people attended a stakeholder meeting regarding the area guided
for future sewered development south of loth Street. She said the City Engineer and
herself presented information on existing conditions and took questions; the meeting
went well.
Updates
Planning Director Klatt said there were no City Council updates.
Adjournment:
The meeting was adjourned at 9:05 p.m.
Respectfully submitted,
Kelli Matzek
Planner
<.
Planning Commission
Date: 4/25/11
Public Hearing
Item: 4a
ITEM: Hold a public hearing to consider an application for a lakeshore setback
variance to permit the construction of a new septic system at 8242 Hidden
Bay Trail -R1 zoning; Shoreland District — PID 09-029-21-32-0008.
SUBMITTED BY: Kalil Matzek, City Planner
REVIEWED BY: Kyle Klatt, Planning Director
SUMMARY AND ACTION REQUESTED: Staff is requesting the Planning Commission hold a
public hearing to consider a request for a lakeshore setback variance to permit the construction of
a new septic system at 8242 Hidden Bay Trail. Specifically, the replacement septic system will
require a 50 -foot variance from the required 75 -foot sewage treatment system setback from the
Ordinary High Water mark (OHW).
For variance applications, the burden is on the applicant to demonstrate why this situation is
unique and necessitates flexibility to code requirements. To make this case, a variance can only
be granted by the city when strict enforcement of the code would cause undue hardship on a
property owner. "Hardship" is broken down into the following three components:
a. The proposed use of the property and associated structures in question cannot
be established under the conditions allowed by the city's zoning regulations and no other
reasonable alternative use exists;
b. The plight of the landowner is due to the physical conditions unique to the land,
structure, or building involved and are not applicable to other lands, structures, or
buildings in the same zoning district; the unique conditions of the site were not caused or
accepted by the landowner after the effective date of the city's zoning regulations; and
c. Granting of the variance would not alter the essential character of the
neighborhood.
In reviewing the request against the three criteria listed above, staff determined all criteria were
met as a septic system would be necessary to utilize the home on the site and the current
property owner did not create the nonconformities.
At this time, the Planning Commission is asked to conduct a public hearing for the variance
request to allow construction of a septic system. Upon conclusion of the hearing, the commission
is asked to make a recommendation to the City Council on this request.
ADDITIONAL INFORMATION:
• The Valley Branch Watershed District did not have any concerns with the application.
• A representative from Washington County's Public Health Department will be
attending the meeting to answer any questions the Planning Commission may have
regarding the technical aspect of the permit or his professional opinion.
• As of October 1, 2010, Washington County took over the septic permitting and
inspections of septic systems for the City of Lake Elmo. Although the County now
permits septic systems, the City of Lake Elmo continues to be the authority on
granting or denying variances.
RECOMMENDATION:
Move to recommend the City Council approve the proposed variances for the
construction of a septic system at 8242 Hidden Bay Trail with conditions outlined in the
attached staff report.
ORDER OF BUSINESS:
- Introduction..................................................
- Report by staff .............................................
- Questions from the Commission .................
- Applicant Comments ...................................
- Questions of the Applicant ..........................
- Open the Public Hearing .............................
- Close the Public Hearing .............................
- Call for a motion ..........................................
- Discussion of Commission on the motion ...
- Action by the Planning Commission............
....................... Kelli Matzek, City Planner
....................... Kell! Matzek, City Planner
............... Chair & Commission Members
........................................Chair facilitates
............... Chair & Commission Members
........................................................ Chair
........................................................ Chair
...................................... Chair Facilitates
................................... Chair Facilitates
I........... Chair & Commission Members
ATTACHMENTS (3):
1. Detailed staff report analyzing the request
2. Septic System Map
3. Area Map identifying the location of the property
City of Lake Elmo Planning Department
Variance Reauest
To: Planning Commission
From: Kelli Matzek, City Planner
Meeting Date: 4/25/11
Applicant: Danette Jahnke and Richard Leonard
Owner: Same
Location: 8242 Hidden Bay Trail
Zoning: R-1; Shoreland District
Application The City of Lake Elmo has received a request from Danette Jahnke to construct a
Summary: septic system 25 feet from Lake Olson's Ordinary High Waterline (OHW).
Property
In formation:
This property was platted as part of the Oace Acres 0' Addition and is subject to
easements, floodplains, and regional infrastructure utilized to manage lake. levels.
A building permit was issued for a new home in 1970. The files also show an
Individual Sewage Disposal System was permitted in December of 1970 for the
property., Staff was not able to find any documents in the files showing that this
system has been updated or moved since that time, which was confirmed by the
current property owners.
A variance was approved (Resolution 2002-056) for the site in June of 2002 for home
and garage additions with two conditions of approval written as follows:
1. Deletion of the proposed second driveway access to the fourth (lower) garage
stalls.
2. Inspection of the existing private septic system by a qualified professional, with a
report to the City as to inspection findings, and required upgrades to the system to
comply with Section 325.06 of the City Code. Inspection report and required septic
system upgrades shall be completed prior to issuance of any Building Permits for
house or garage additions.
This resulted in a septic inspection and report which was included in the city's file. A
February 22, 2003 report identified the septic system as "failing" in accordance with
MPCA Ordinance 7080.0020 Subp. 16a because of the bottomless septic tank and the
drywell tank. The report identified that the system was not an imminent threat to the
F"arranac Rogaresr: Jahnkc and ieorurrd 824) Hidden Rall Trail
Pltn ninn Connnission Report: 4-I5-11
Applicable
Codes:
public health, and while the drainfield was not considered failing at the time the report
was written, it did identify that it could fail at anytime in the future.
The lakeshore lot is 0.52 acres in size including the area below the Ordinary High
Water Line (OHW). Olson Lake is categorized as a Recreational Development Lake
in the shoreland code, which requires a minimum sewage treatment system setback of
75 feet from the OHW.
The property has a number of physical constraints, which are identified in more detail
in the review of the variance criteria.
Section 150.253 Administration.
(B 2) Variance.Identifies procedures.
Section 150.254 Shoreland Classification.
(B 2) Recreational Development Lakes. Identifies Lake Olson's OHW at 929.3
and the 100 -Year Elevation at 931.0.
Section 150.255 Shoreland Standards.
D 1 a)._ Identifies the sewage treatment system setback for recreational
development lakes to be 75 feet.
Section 150.253 Administration (Shoreland)
(B 2 b) Variance.
For existing developments, the application for variance must clearly demonstrate
whether a conforming sewage treatment system is present for the intended use of
the property. The variance, if issued, must require reconstruction of a non-
conforming sewage treatment system.
Staff has interpreted this section as "conforming" to mean functioning as necessary
to serve the home.
Section 150.255 Shoreland Standards. (D). Placement, Design and Height of
Structures
States that on-site sewage systems must be setback a minimum of 75 feet from the
OHW of Recreational Development classified lakes.
& General Site Overview
Site Data: I Lot Size: 0.52 acres (including area below OHW)
Existing Use: Residential
Existing Zoning: R-1 (One Family Residential); Shoreland District
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Variance, Request, Johnke cruet Leonard; Q42 Hidden Rai; Trail
Planning Cornmrission Relnwt; 4-25 1,'
Property Identification Number (PID): 09-029-21-32-0008
Review:
Applicable
Definitions:
BUILDING. Any structure either temporary or permanent, having a roof and
used or built for the shelter or enclosure of any person, animal, or movable property of
any kind. When any portion of a building is completely separate from every other pail
of a building by area separation, each portionof the building shall be deemed as a
separate building.
BUILDING LINE. A line parallel to a lot line or the ordinary high water level at
the required setback beyond which a structure may not extend.
BUILDING SETBACKLINE. Aline within a lot parallel to a public right-of-way
line, a side or rear lot line, a bluff line, or a high water mark or line, behind which
buildings or structures must be placed.
DWELLING, SINGLE-FAMILY. A residential structure designed for or used
exclusively as 1 dwelling unit of permanent occupancy.
HARDSHIP. The proposed use of the property and associated structures in
question cannot be established under the conditions allowed by the city's zoning
regulations and no other reasonable alternative use exists; that the plight of the
landowner is due to the physical conditions unique to the land, structure, or building
involved and are not applicable to other lands, structures, or buildings in the same
zoning district; and that these unique conditions of the site were not caused or
accepted by the landowner after the effective date of the city's zoning regulations.
INDIVIDUAL SEWAGE DISPOSAL SYSTEM. Aseptic tank, seepage tile
sewage disposal system, or other sewage treatment device.
INDIVIDUAL SEWAGE TREATMENT SYSTEM. An on-site sewage treatment
system connecting to a single dwelling or other establishment, consisting of soil
treatment unit, septic tank, and any associated pumping and piping systems.
LOT, RIPARIAN. A separate parcel of land within a designated shoreland area
having frontage along a lake or tributary stream.
MOUND SYSTEM. An alternative sewage treatment system designed with the
soil treatment area built above existing grade to overcome the limitations of water
table, bedrock, or soil permeability.
NON -CONFORMITY— NON -CONFORMING USE. Any legal use, structure or
parcel of land already in existence, recorded, or authorized before the adoption of
zoning regulations or amendments to the zoning regulations that would not have been
permitted to become established under the terms of the zoning regulations as now
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Plannin- Coannission Report: 4-25.11
Variance
Criteria:
written, if the zoning regulations had been in effect prior to the date it was
established, recorded, or authorized.
ORDINARY HIGH WATERMARK OR ELEVATION (O.H. W.). The boundary
of public waters and wetlands, and shall be an elevation delineating the highest water
level which has been maintained for a sufficient period of time to leave evidence upon
the landscape, commonly that point where the natural vegetation changes from
predominantly aquatic to predominantly terrestrial. For water courses, the ordinary
high water level is the elevation of the top of the bank of the channel. For reservoirs
and flowages, the ordinary high water level is the operating elevation of the normal
summer pool.
SEPTIC TANK A sound, durable, watertight sewage tank designed and
constructed to receive the discharge of sewage from a building sewer, separate solids
from liquids, digest organic matter, and store liquids through a period of detention.
SHORE IMPACT ZONE. Land located between the ordinary high water level of a
public water and a line parallel to it at a setback of 50% of the structure setback.
SHORELAND. Land located within the following distances from public waters:
1,000 feet from the ordinary high water level of a lake, pond, or foliage; and 300 feet
from a river or stream, or the landward extend of a flood plain designated by
ordinance on a river or stream; whichever is greater. The limits of shorelands may be
reduced whenever the waters involved are bounded by topographic divides which
extend landward from the waters for lesser distances and when approved by the
Commissioner.
STANDARD SYSTEM. An individual sewage treatment system employing a
building sewer, sewage tank, and the soil treatment system commonly known as a
dram field or leach field.
VARIANCE. A modification of a specific permitted development standard
required to allow an alternative development standard not stated as acceptable in the
official control, but only as applied to a particular property for the purpose of
alleviating a hardship as defined in Section 300.06, Subd. 3. Economic considerations
along shall not constitute a hardship. [sic]
An applicant must establish and demonstrate compliance with the variance criteria set
forth in Lake Elmo City Code Section 154.017 before an exception or modification to
city code requirements can be granted. For ease of review, staff provides a three-part
breakdown of the definition of "hardship" in Lake Elmo City code to ensure the
requests are meeting the spirit and intent of the ordinance.
The proposed use of the property and associated structures in question cannot be
established under the conditions allowed by the city's zoning regulations and no
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Planning Connrrission Report: 4-2,5- 1 1
other reasonable alternative use exists;
This property is unable to hook up to a 201 system (city -owned community septic
system) and is not guided for city sewer in the 2030 Lake Elmo Comprehensive
Plan. A private system is necessary to serve the existing home with wastewater
services.
Due to the physical constraints of the lot, the lack of other options to sewer the
house, and the need for wastewater, management for the existing home, staff finds
that this criteria is met.
2. The plight of the landowner is due to the physical conditions unique to the land,
structure, or building involved and are not applicable to other lands, structures, or
buildings in the same zoning district; the unique conditions of the site were not
caused or accepted by the landowner after the effective date of the city's zoning
regulations.
In 1970, it was determined this lot could be utilized for residential purposes and a
building permit was issued for a new home. The property is just over half an acre
in size where a 1.5 acre minimum lot size is required and is located on a lake
which, in combination with the house location, create a difficult situation in which
to find a conforming location for a replacement septic system.
There are floodplains on this property as well as a weir which was installed in the
mid 1980's by the Valley Branch Watershed District to control water levels for
Olson Lake and Lake D.emontreville. The weir is identified on the applicant's site
plan along the northeastern properly line from Hidden Bay Trail down to the lake.
The location of the home, driveways, well, existing septic system, floodplain and
weir are all restrictions that severely limit the potential location sites at which the
septic tanks and drainfield could be built. In addition to the reasons cited above,
staff finds that this criteria is met.
The variance, if granted will not change the essential character of the
neighborhood.
A septic system is a standard requirement for homes throughout the city, many of
which have a mound system in their yard. The proposed septic system is a mound
system which will be visible from the adjacent neighbors as an elevated and grassy
rise. However, a raised system would have minimal, if any impact to neighbors
and would not effect the character of the neighborhood. Therefore, staff finds that
the essential character of the neighborhood would remain intact. Staff rinds this
criteria is also satisfied.
Variance Based on the analysis of the review criteria in City Code and City Staff would
Conclusions: recommend approval of the septic variance request for 8242 Hidden Bay Trail.
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P annirxn Cornwission Repan: 4-1 ti-! 1
Resident Staff has received one letter opposed to the variance and suggested the septic system
Concerns: be placed where the existing well is located. The letter suggests the existing well for
- the applicant as well as the neighbor be moved to maintain the required setbacks.
Staff has had a conversation with another neighbor who had some concerns about
grading and drainage, but believes this could be addressed outside the septic variance
request.
Additional The Valley Branch Watershed District did not have any concerns with the application.
Information:
Conclusion:
The applicants are seeking approval of a 50 foot variance to the 75 foot setback from
the Ordinary High Waterline of Lake Olson to allow the construction of a septic
system at 8242 Hidden Bay Trail.
Commission The Planning Commission has the following options:
Options: A) Recommend approval of the variance request;
B) Recommend denial of the variance request;
C) Table the request and direct staff or the applicant to provide additional
information concerning this application.
The deadline for a Council decision on this item is June 9, 2011, which can be
extended an additional 60 -days if needed.
Rec: Staff is recommending approval of the variance to allow construction of a septic
system 25 feet from the Ordinary High Waterline at 8242 Hidden Bay Trail based on
reasons stated above with the following conditions:
1. No adverse impacts are allowed to the adjacent lots. Existing drainage
patterns must be maintained.
2. The mound system must be constructed outside the FEMA floodplain.
3. The system shall be monitored for proper operation once in each of the first
two years.
Denial To deny the request, you may use the following motion as a guide:
Motion
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Planning Commission Report: 4-25-11
Template: I move to recommend denial of the request for the construction of septic system
25 feet from the Ordinary High Waterline at 8242 Hidden Bay Trail ... (please site
reasons for the recommendation)
Approval
Motion
Template:
To approve the request, you may use the following motion as a guide:
I move to recommend approval of the request for the construction of a septic
system up to twenty five feet from the OHW setback at 8242 Hidden Bay Trail
based on the findings provided in the staff report ... (or cite your own)
...with the conditions outlined in the staff report.
cc: Danette Jahnke and Richard Leonard, applicants
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Planning Commission
Date: 4/25/11
PUBLIC HEARING
Item: 4b
ITEM: Conditional Use Permit Amendment: Jesuit Retreat House Garage and
Greenhouse Structure: PID Numbers 04-029-21-34-0001; 04-029-21-43-
0001;04-029-21-34-0002;04-029-21-32-0003;04-029-21-31-0002;04-
029-21-31-0001;04-029-21-42-0Q01
SUBMITTED BY: Kyle Klatt, Planning Director Z 1Z
REVIEWED BY: Kelli Matzek, City Planner
SUMMARY AND ACTION REQUESTED
The Planning Commission is being asked to consider a request from the Jesuit Retreat House,
8243 Demontreville Trail, for a Conditional Use Permit amendment to allow the construction of a
new earth -sheltered maintenance shop and greenhouse on the northern portion of their property
in Lake Elmo. The proposed building would replace an existing structure located elsewhere on
the premises, and would primarily be used to store and service the equipment needed to maintain
the buildings and grounds of the Retreat Center.
ADDITIONAL INFORMATION:
The attached Staff report includes a detailed review of the application along with a Staff
recommendation.
RECOMMENDATION:
Staff is recommending that the Planning Commission recommend approval of the request from
the Jesuit Retreat House to construct an earth -sheltered maintenance shop and greenhouse at
8243 Demontreville Trail, provided the following conditions are met:
1. The site plans shall be revised prior to the issuance of a building permit for the garage
and greenhouse structure to show the retaining wall calculations for all walls over four
feet in height.
2. The site plans shall be revised prior to the issuance of a building permit to either reduce
all slopes depicted at a 2:1 grade to a 3:1 grade or lower. As an alternative, the
applicant may provide information on how these slopes will be stabilized.
3. The erosion control plan shall be revised prior to the issuance of a building permit
include all details requested by the City Engineer.
4. The site and construction plans shall be signed by an engineer registered in the State of
Minnesota.
5. The proposed garage building pit shall be removed from the site plans or otherwise
revised to comply with the Minnesota State Building Code.
ORDER OF BUSINESS:
- Introduction........................................................
- Report by staff ...................................................
- Questions from the Commission .......................
- Applicant Comments .........................................
- Questions of the Applicant ................................
- Open the Public Hearing ...................................
- Close the Public Hearing ...................................
- Call for a motion ................................................
- Discussion of Commission on the motion .........
- Action by the Planning Commission ..................
ATTACHMENTS:
1. Staff Report
2. Application Form
3. Location Map
................................Planning Director
................................Planning Director
........... Chair & Commission Members
....................................Chair facilitates
........... Chair & Commission Members
.................................................... Chair
.................................................... Chair
................................. Chair Facilitates
............I................ I... Chair Facilitates
.......... Chair & Commission Members
5. Review Letter from Valley Branch Watershed District
6. Site Photographs
7. Aerial Image of Site
8. Jesuit Retreat Site Diagrams
9. Site Plans
City of Lake Elmo Planning Department
Conditional Use Permit Amendment Rem
To: Planning Commission
From: Kyle Klatt, Planning Director
Meeting Date: 4/25/11
Applicant:
Jesuit Retreat House
Owner:
Jesuit Retreat House
Location:
8243 Demontreville Trail
Zoning:
PF — Public and Quasi -Public Open Space/Public Facilities
Application The City of Lake Elmo has received a request from the Jesuit Retreat House, 8243
Summary: Demontreville Trail, for a Conditional Use Permit amendment to allow the
construction of a new earth -sheltered maintenance shop and greenhouse on the
northern portion of their property in Lake Elmo. The proposed building would replace
an existing structure located elsewhere on the premises, and would primarily be used
to store and service the equipment needed to maintain the buildings and grounds of the
Retreat Center.
Property The Jesuit Retreat Center is located on the eastern shore of Lake Demontreville, and
Information: the Retreat House owns approximately 106 acres that house the facilities associated
with the center. The property is used as a retreat center for men, with visits that begin
on Thursdays and extend until Sunday. During these times, the grounds are kept quiet,
with maintenance and other activities typically resuming on Mondays. The stays
include a religious service, counseling, and meals. Membership is required to use the
grounds for a retreat (it is a layman's retreat), and although the site run by the Jesuits,
it is open for all religious denominations. The maximum capacity of the site is
approximately 70 men based on the number of rooms that are available.
Please note that the Jesuit Retreat House is not in any way comlected with the
Carmelite Monastery located immediately to the south. These entities do share a
driveway; however, which provides access to both properties from Demontreville
Trail. Both properties area zoned PF — Public and Quasi -Public Open Space, and the
Retreat Center would be classified as a "Place of Worship" in accordance with the
general City Code definitions. The use is permitted as a Conditional Use in this
zoning district.
The applicant has provided a site building plan showing the improvements located on
the entire site, which includes, among other things, a cook's house, caretaker's house,
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Planning Commis.sia;i Report; 4.2j/1 I
Applicable
Codes.
chapel, horse barn, and lounge. The proposed building is labeled as #31 on this site
plan (garage — greenhouse) and would replace an existing pole building currently
located near the horse barn (#22). The building has already been removed from the
site plan as submitted, but does still show up on the attached aerial image.
Staff has reviewed the City's files for this site, and would like to note that the use of
the site for religious purposes pre -dates the City's current ordinances. The City's
records contain permits for several site improvements since the late 1970's, including
septic system upgrades, new septic installations, and various accessory buildings.
There is no comprehensive record of the overall size of the septic facilities that are
serving the site, but the system as a whole likely exceeds the maximum size permitted
in a PF — Public Facility zoning district. Since the maintenance garage and
greenhouse do not require any new or expanded sanitary sewer facilities, the addition
of the proposed structure would be acceptable under the current PF District
regulations.
Section 154.063 PF — Public and Quasi -Public Open Space
(B) Uses allowed by conditional use permit
(2) Places of Worship
Section 154.018 Conditional Use Permits.
(A) Granting/Denial. Outlines the general requirements for all conditionally
permitted uses in Lake Elmo.
(K) Amendment. In accordance with Section 154.018 K of the Zoning Ordinance,
an amended conditional use may be administered in a manner similar to that
required for a new perniit.
& General Site Overview
Site Data: I Lot Size: 106 acres
Existing Use: Retreat Center and Support Facilities
Existing Zoning: PF—Public and Quasi -Public Facilities
Property Identification Numbers (PID): 04-029-21-34-0001; 04-029-21-43-0001; 04-
029-21-34-0002; 04-029-21-32-0003; 04-029-21-31-0002; 04-029-21-31-0001; 04-
029-21-42-0001
Application Review.
Review IThe establishment of the Jesuit Retreat House on the applicant's property pre -dates the
Requirements current zoning regulations, which now would require a "place of worship" to secure a
Conditional Use Permit in order to be permitted on the site. In situations like this, the
proper procedure is to review any expansions or alterations on the site as thought a
Conditional Use Permit was previously granted. The applicant has therefore
�: 4Lr'cndLti, i,.,P'.. rvsu. LaImat715„on-Grecnhwtt CU 0. unen ,i,dae
Page
CUP. dntendivent Repcst, iAMvii Ren ea! Holm(" A-huntenall-ce iilLIIdr17 L?��rf H[77%K7f 4`'N
T'lanninl- Commnasion Re:hor:; 4:2'.5!7!
CUP Review.
submitted their request as a Conditional Use Permit amendment to add a new structure
to the uses and buildings currently established on the premises. This review process is
very similar to the action taken by the City three years ago when the Carmelite
Monastery wanted to add a new garage structure to its site.
With this application, staff will be reviewing the proposed amendments to the site as a
conditional use permit amendment and use the applicable criteria in the review.
The applicants are proposing to construct an earth -sheltered shop and greenhouse to
house the maintenance equipment used on the grounds. The new building will be
located on the northern portion of the property and over 225 feet from the
Demontreville Trail right-of-way and well outside of any required property line
setbacks (which is 50 feet in the PF zoning district). It would be located in a
somewhat secluded portion of the site, with existing vegetation all around acting as a
natural screen from other properties. The earth -sheltered design is unique in that the
garage will be built into an earthen mound supported by retaining walls.
As noted in the site plans, the proposal also includes a greenhouse facility. It is Staff's
interpretation that the greenhouse is acceptable from a zoning perspective on this site
because it is clearly subordinate and ancillary to the permitted uses on the property.
Greenhouses as a primary activity, either as an agricultural use or sales businesses,
would not be allowed in a PF zoning district.
The City Engineer has reviewed the proposed plans and found that the proposed
construction would not cause any drainage issues, major impacts to transportation, or
other public infrastructure. He did note that certain modifications that are needed to
the plans as described in the attached correspondence from the City Engineer. These
items are listed below as recommended conditions of approval since none of them
would result in any significant revisions to the proposed site plan.
The two sections of code that contain requirements for this project include the PF
District regulations and Conditional Use Permit section. First, the PF District
requirements contain specific criterion for "Places of Worship". These requirements,
with Staff comments, are as follows:
• Direct access is provided to a public street classified by the Comprehensive
Plan as major collector or arterial. Demontreville Trail is classified as a
Municipal State Aid Route.
• No use may exceed 235 gallons wastewater generation per day per net acre of
land. The proposed building will not create any additional generation of
wastewater from the site.
• No on-site sewer system shall be designed to handle more than 5,000 gallons
per day. The proposed building will not require the expansion or alteration
of any existing septic systems.
• Exterior athletic fields shall not include spectator seating, public address
facilities or lighting. There are no athletic fields on this site.
CUP 21Lrden dwent Request; Audi Retreat fdous2 bdairreeuuncciirtrl din+,�G'rec�tttrnu.ve
PlanningConsmts,sion Report; 4/25/11
• No freestanding broadcast or telecast antennas are permitted. No broadcast
dish or antenna shall extend more than 6 feet above or beyond the principal
structure. There are no broadcast antennas on the site.
Conditional The City is also required to make findings specific to the Conditional Use Permit. For
Use Permit these types of applications, the burden is on the City to show why the use should not
Criteria: be permitted due to impacts that cannot be controlled by reasonable conditions. These
findings include the following:
1. Effects on the health, safety, morals, convenience, or general welfare of
surrounding lands
2. Existing and anticipated traffic conditions including parking facilities on
adjacent streets and land
3. The effect on utility and school capacities
4. The effect on property values of property in the surrounding area
5. The effect of the proposed use on the Comprehensive Plan
Given the secluded nature of the proposed building site and the minimal overall site
impacts associated with the replacement of an existing accessory building, Staff has
found that all of these standards will be met by the applicant.
Conditional Based on the above analysis of the review criteria in City Code, Staff recommends
Use Permit approval of the request by the Jesuit Retreat House, 8243 Demontreville Trail, for a
Conclusions. Conditional Use Permit amendment to allow the construction of a new earth -sheltered
maintenance shop and greenhouse on the northern portion of their property based on
the following:
• The proposed structure would have no impact on the Health, Safety, Morals,
Convenience, General Welfare of Surrounding Lands.
• The proposed structure would not affect traffic or parking conditions on the
site or surrounding lands.
• The use would have no effect on utility or school capacities.
• The proposed amendment would have no effect on property values of
surrounding lands.
• The use would be consistent with the Comprehensive Plan since the Jesuit
Retreat House property is guided for Public/Semi-Public Facilities on the
City's future land use map.
Resident IStaff has not received any feedback from neighboring property owners regarding the
Concerns: proposed Conditional Use Permit amendment. This action requires a public hearing to
be conducted by the Planning Commission at which time members of the public may
address the Commission regarding this application.
Page 4
C'S'T Amendrnem Reque,"I; .i(suit Pal ca 11oust; Muintenan--c B dldinp/(,reenhoasc
Planning Commission Report; -1`25/lI
Additional The Valley Branch Watershed District has reviewed the proposed site plans and found
Information: that the work would not require a permit from the Watershed District,
Conclusion:
Commission
Options:
Staff Rec:
The Jesuit Retreat House, 8243 Demontreville Trail, has applied for a Conditional Use
Permit amendment to allow the construction of a new earth -sheltered maintenance
shop and greenhouse on the. northern portion of their property in Lake Elmo. The
proposed building would replace an existing structure located elsewhere on the
premises, and would primarily be used to store and service the equipment needed to
maintain the buildings and grounds of the Retreat Center.
The Planning Commission has the following options:
A) Recommend approval of the conditional use permit amendment request;
B) Recommend denial of the conditional use permit amendment request.
The 60 -day review period for this application expires on May 29, 2011, but can be
extended an additional 60 days if more time is needed.
Staff is recommending approval of the request to amend a conditional use permit for
the Jesuit Retreat House at 8243 Demontreville Trail based on the reasons stated
above with the following conditions:
1. The site plans shall be revised prior to the issuance of a building permit for the
garage and greenhouse structure to show the retaining wall calculations for all
walls over four feet in height.
2. The site plans shall be revised prior to the issuance of a building permit to
either reduce all slopes depicted at a 2:1 grade to a 3:1 grade or lower. As an
alternative, the applicant may provide information on how these slopes will be
stabilized.
3. The erosion control plan shall be revised prior to the issuance of a building
permit include all details requested by the City Engineer.
4. The site and construction plans shall be signed by an engineer registered in the
State of Minnesota.
5. The proposed garage building pit shall be removed from the site plans or
otherwise revised to comply with the Minnesota State Building Code.
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CUPA117mrzdmewRewesl TessalReneatflouserouse
Plannritg Con'amis,sion Report; 4`25/11
Denial To deny the request, you may use the following motion as a guide:
Motion
Template: I move to recommend denial of the request by the Jesuit Retreat House to amend
a conditional use permit ... (please site reasons for the recommendation)
Approval
Motion
Template:
To approve the request, you may use the following motion as a guide:
I move to recommend approval of the request by the Jesuit Retreat House to
amend a conditional use permit based on the findings provided in the staff
report ... (or cite your own)
..with the conditions outlined in the staff report.
cc: Mike Hoven, Jesuit Retreat House
Tim Siegfried, George Siegfried Construction Company
S, Land x JO"",I,-
u,R�-.,n!uu',t '.1,}n P'S&op-iirr'erru1,re "i ;F'.ui r v-'.-1l.doc
flalle 6
City of Lake Elmo
DEVELOPMENT APPLICATION FORM
❑ Comprehensive Plan Amendment
❑ Zoning District Amendment
❑ Text Amendment
❑ Flood Plain C.U.P.
Conditional Use Permit
Conditional Use Pef mit (C.U.P.)
hi
ll APPLICANT: 7% a 5L•'; � !'
❑ Variance * (See below)
❑ Minor Subdivision
❑ Lot Line Adjustment
❑ Residential Subdivision
Sketch/Concept Plan
❑ Site & Building Plan Review
e ✓ re
(Mailing
Fee $�co
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❑ Residential Subdivision
Preliminary/Final Plat
O 01 —10 Lots
O 11 — 20 Lots
O 21 Lots or More
❑ Excavating & Grading Permit
❑ Appeal ❑ PUD
evill'--It%
(Zip)
TELEPHONES:
(Home) (Work) (Mobile) (Fax)
FEE OWNER:;re-v;'t Re J^+�r,� rc°i- ".i' .� �.i*7tsr7,6�/FL�i�f° fil S'Se7
(Name) (Mailing Address) (Zip)
TELEPHONES: 4R-,77;?!?1r
(Home) (Work) (Mobile) (Fax)
PROPERTY I'OCATION (Address and Complete (Long) Legal Description):
*VARIANCE REQUESTS: As outlined in Section 301.060 C. of the Lake Elmo Municipal Code, the Applicant must
demonstrate a hardship before a variance can be granted. The hardship related to this application is as follows:
In signing this application, I hereby acknowledge that I have read and fully understand the applicable provisions of the
Zoning and Subdivision Ordinances and current administrative procedures. I further acknowledge the fee explanation as
outlined in the application procedures and hereby gree to Pe all statements received from the City pertaining to
additional a lication ex ease.
Q3 �
Signature of Applicant Dale ` Signature of Applicant Date '.
1122/2004 City of Lake Elmo • 3800 Laverne Avenue North • Lake Elmo • 55042 •651-777-5510 • Fax 651-777-9615
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Kyle Klatt
From: Ryan W. Stempski [ryan.stempski@tkda.com]
Sent: Wednesday, April 20, 2011 7:35 AM
To: Kyle Klatt
Cc: Kell! Matzek
Subject: 8243 DeMontreville Trail - Jesuit Home CUP
Kyle,
The location of the proposed building does not appear to cause any drainage issues, major impacts to transportation, or
other public infrastructure. The following items should be included to complete the plan set that has been submitted:
• Retaining wall design calculations will need to be performed for all walls over 4' in height.
• Currently slopes are shown at 2:1. These slopes must be reduced to 3:1 or information on how the
slopes will be stabilized must be provided.
• Erosion control plan will need to be submitted to include details.
• The plan will need to be signed by an engineer registered in the State of Minnesota.
Please contact me with any additional questions.
Thanks,
Ryan
Ryan W. Stempski, PE I Registered Engineer
TKDA 1 444 Cedar Street, Suite 1500, Saint Paul, MN 55101
(651) 292-4487 dir 1 (651) 292-0083 fax 1 (612) 369-0141 mobile
www.tkda.com
TKDA
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Expert resources from a single source for over 100 years.
April 20, 2011
Ms. Kelli Matzek
City of Lake Elmo
3800 Laverne Avenue North
Lake Elmo, MN 55042
Re: CUP for Jesuit Retreat Maintenance Shop
Dear Kelli:
Thank you for submitting information regarding the proposed maintenance shop at 8243 DeMontreville
Trail. On behalf of the Valley Branch Watershed District (VBWD), I have reviewed the information and
this letter provides my comments.
The proposed project involves constructing a gravel drive to sheltered shop/greenhouse. Less than one
acre will be disturbed, the total new impervious area is less than 6,000 square feet, no work is proposed
below the 100 -year flood level of Lake DeMontreville, and no work within a wetland appears to be
proposed. Therefore, the project does not require a VBWD permit.
I am pleased to see proposed temporary erosion controls included on the plans. The silt fence should be
installed correctly, inspected during construction, and maintained as needed.
The property owners may wish to contact Rusty Schmidt, the VBWD Cost -Share Program Coordinator for
the VBWD, at 651-275-1136, extension 36. He could design measures for the property owners to treat
the stormwater runoff from the gravel surfaces.
If you have any questions, please contact me at 952-832-2622.
Sincerely,
J014fi P. Hanson, P.E.
BARR ENGINEERING COMPANY
Engineers for the District
DAVID SUCHECK • LINCOLN FETECHER • DALE BORASH • JILL LUCAS • EDWARD MARCHAN
VALLEY BRANCH WATERSHED DISTRICT • P.O. BOX 838 • LAKE ELMO, MINNESOTA 55042-0538
www.vbwd.org
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5 Stations of the Cross
6 Saint Joseph
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8 Saint Ignatius
9 Sacred Heart
10 Blessed Mother Shrine
11 Manresa House
12 Loyota'house
13 Regis House
14 Bellamine House
15 Champion House
16 Chapel
17 Lounge
18 Xavier House
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20 Big Garage
21 Pheasnant House
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the laws of the State of Minnesota.
www,egrud,cem 6776 Lake.D■riive NE, Suite 110.
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DANIEL W, OBERMILLER
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GENERAL STRUCTURAL NOTES
D ALL EXCAVATIDNS SHALL BE STABILIZED AS NECESSARY TO PREVENT COLLAPSE OR MISHAP DEWATER AS NECESSARY TO MINIMIZE HAZARD,
2. THE SOIL BEARING CAPACITY AT THE BOTTOM OF ALL LOAD BEARING FOOTINGS SHALL BE MINIMUM OF 1500 PSF EXPANSIVE SOILS CONDITIONS
ARE NOT PERMITTED,
3, CONCRETE DESIGN STRENGTH AT 28 DAYS SHALL BE A MINIMUM AS FOLLOWS
f'c=3000 PSI FOR FOOTINGS AND SLABS
f'c=4000 PSI FOR SHOTCRETE DOME SHELL
4, HOLLOW CONCRETE MASONERY UNITS (CMU) SHALL MEET ASTM -C140, GRADE N,
5, MORTAR AND GROUT SHALL BE TYPE II PORTLAND CEMENT f'c=3000 PSI AT 28 DAYS
6. POURED CONCRETE MAY BE SUBSTITUTED FOR CMU WITH SIMILAR REINFORCING SPECIFICATIONS
7. OWNER'S SHALL BE RESPONSIBLE TO ENSURE THAT ADEQUATE AND PROPER DRAINAGE IS PROVIDED, TO CONVEY ALL SURFACE AND SUBSURFACE
GROUND WATER TO AREAS REMOTE FROM THE STRUCTURE AND FOUNDATIONS, THIS SHALL BE FOR THE LIFE OF THE STRUCTURE,
8, PLACEMENT OF THE DOME SHELL CONCRETE SHALL BE DONE IN A SYMMETRICAL MANNER IN LIFTS NOT TO EXCEED 8' 0-
9 SHELL SHALL BE GRADUALLY THICKENED FROM THE STANDARD 4' THICK AT 4'-0" ABOVE THE BASE TO A MINIMUM 8" THICK AT THE BASE AROUND THE
STRUCTURE, AT ALL SHELL JUNCTURES THE MINIMUM THICKNESS AT THE THROAT OF THE THICKENED FILLET SHALL BE 12`, GRADUALLY TAPERED TO
ADJACENT SHELL SURFACES
10. THE FORMWORKS, INC. FORMING SYSTEM SHALL BE ADEQUATELY AND PROPERLY BRACED DURING SHOTCRETE PLACEMENT TO PREVENT
DISTORTION OF STEEL FROM ITS DESIGN POSITION, DISPLACEMENT OR
11, WARNING- IF THE PREVIOUS STEP IS NOT FOLLOWED, THE STEEL FRAMEWORK COULD BE OVERSTRESSED AND POSSIBLY BECOME DISTORTED WHICH
MAY NOT BE ACCEPTABLE,
12. BACKFILLING AROUND THE SHELL STRUCTURE SHALL BE PLACED IN A SYMMETRICAL MANNER IN MAXIMUM 6'-0" HIGH L;FTS OF CLEAN GRANULAR
MATERIAL, NONCOMPACTED EQUALLY AROUND THE STRUCTURE.
13. REINFORCING STEEL SHALL MEET ASTM A-615 GRADE 40, AND SHALL BE TIED SECURELY IN PLACE ,AT EACH JUNCTURE TO ADJACENT REINFORCING
TO PREVENT DISPLACEMENT FROM IT'S DESIGN POSITION AT ANY TIME, ND WELDING OF REINFORCING IS PERMITTED
14, STRUCTURAL STEEL SHALL MEET ASTM A-36 GRADE 21, AS CURRENTLY ENGINEERED FOR THE STRUCTURAL SYSTEM,
15. ALL WORK, MATERIALS, AND METHODS OF INSTALLATION SHALL CONFORM TO ALL CODES AS ADOPTED DR AMENDED BY THE LOCAL BUILDING AUTHORITY,
16, IF NO CODE EXISTS, ALL WORK, MATERIALS, AND METHODS OF INSTALLATION SHALL CONFORM TO THE UNIFORM BUILDING CODE (UBC).
17, ALL LUMBER, PLYWOUDS, WAFERBOARDS, AND O,S.B, MATERIALS SHALL CONFORM TO THE SPAN, SPECIES, AND GRADE TABLES OF THE UBC, OR OTHER
CODE CURRENTLY IN FORCE,
18. FLOOR SYSTEMS SHALL BE GLUED AND NAILED PER INDUSTRY OR MANUFACTURERS STANDARDS
19. FIREBLOCKING SHALL NOT EXCEED 10 FEET HORIZONTALLY OR VERTICALLY IN WALLS, UNDER OR AROUND STAIRS, OR ELSEWHEREAS STIPULATED IN
THE UBC.
20, DRAFTSTOP WHERE NECESSARY TO COMPLY WITH UBC SEC. 2516,14
21 ALL PENETRATIONS OR JOINTS ARE TO BE CAULKED AND/OR SEALED WITH APPROVED MATERIALS
22 USE APPROVED PRESSURE TREATED MATERIALS OR EQUAL WHERE IN DIRECT CONTACT WITH SOIL, CONCRETE OR SUBJECT TO WEATHER OR WATER
LEAKAGE (E,G.-UNDER FLASHINGS) OR PROVIDE PROPER PROTECTIVE SEPARATIDN MATERIAL BETWEEN,
23, IF REQUIRED, TREAT SOIL AROUND ALL PERTINENT AREAS OF STRUCTURE FOR TERMITE AND OTHER INSECT PROTECTION
24, ALL SAFETY MEASURES SHALL BE PRACTICED AND OBSERVED DURING CONSTRUCTIONTO PREVENT OR ELIMINATE MISHAP
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Planning Commission
bate: 4/25/11.
Business Item
Item: 4c
ITEM: Zoning Text Amendment: Consideration of an ordinance to amend Chapter 154 to
allow the public purchase of land for public purposes to not count against minimum
lot size requirements.
SUBMITTED BY: Kyle Klatt, Planning Director)
REVIEWED BY: Kelli Matzek, City Planner
SUMMARY AND ACTION REQUESTED:
The Planning Commission is being asked to consider a potential amendment to the Zoning Ordinance
that would allow the City to purchase or acquire property from a land owner (for a public purpose) without
impacting the rights that property owner would have otherwise maintained for that property. Staff is also
seeking to incorporate some additional flexibility into the code so that the City could acquire property for a
public project (i.e. a water line extension, trail, parkland expansion, public utility expansion, or similar
project) in situations where a property owner is otherwise at the minimum lot area requirements within
their respective zoning district.
In order to accomplish the objectives noted above, Staff has drafted the attached revisions to the City
Code. Specifically, the proposed amendments would revise the definition for buildable land to exclude
"land that has been acquired or set aside for public purposes" and would add a new section under
"ADDITIONS AND EXCEPTIONS TO MINIMUM AREA, HEIGHT, AND OTHER REQUIREMENTS"
(Section 154.080) to exclude property acquired for public purposes from the calculations used to
determine whether or not a lot is buildable. This ordinance would set an upper limit on the amount of land
that could be excluded in such a manner to no more than 10% of the minimum district requirements. For
example, a property owner in an RR district with a minimum lot size requirement of ten acres could sell
one acre of a ten acre parcel to the City and still be able build on the remaining nine acre lot.
One of the driving factors behind the need for such an ordinance has been the City's search for a new
well site north of the Village and near the intersection of Lake Elmo Avenue and 50th Street North. The
City Engineer has identified a general location for a new well, but would need to acquire a minimum of
one acre of land around the well in order to comply with State Health Department requirements. Nearly
all properties in this portion of the City are either at the Rural Residential district minimum of 10 acres, or
would otherwise be negatively impacted from the sale of one acre to the City. For example, if the City
were to acquire one acre from a 20 acre site, this property could no longer be subdivided into two building
sites under the present Zoning requirements.
RECOMMENDATION:
Staff is recommending that the Planning Commission recommend approval of the proposed amendments
to Section 11.01 (Definitions) of the City Code and Section 154.080 of the Zoning Ordinance as drafted.
ATTACHMENTS:
1. Draft Ordinance Amendments — Public Property Exemptions
ORDER OF BUSINESS:
Introduction......... I........................ ............:.:... Kyle Klatt, Planning Director
- Report by staff ....... ............. Kyle Klatt, Planning Director
- Questions from the Commission.................................. Chair & Commission Members
- Open the Public Hearing........................................................................................Chair
- Close the Public Hearing......................................................................................Chair
- Call for a motion................................................................................... Chair Facilitates
- Discussion of Commission on the motion............................................ Chair Facilitates
- Action by the Planning Commission..............................Chair & Commission Members
Proposed Zoning Ordinance Amendments
Public Property Exemptions
Drafted by the Lake Elmo Planning Department .
April 15, 2011
§ 11.01 DEFINITIONS.
BUILDABLE LAND AREA. The gross land area less the unbuildable land area that includes hydric
and restrictive soils, land with slopes over 25%, wetlands, artd-areas that cannot accommodate septic
systems and land that has been acquired or set aside for public purposes.
§ 154.080 ADDITIONS AND EXCEPTIONS TO MINIMUM AREA, HEIGHT, AND OTHER REQUIREMENTS.
(A) Existing lot. An existing lot is a lot or parcel of land in a residential district which was of
record as a separate lot or parcel in the office of the County Recorder or Registrar of Titles, on or before
the effective date of this chapter. Any such lot or parcel of land which is in a residential district may be
used for single-family detached dwelling purposes, provided the area and width of the lot are within
60% of the minimum requirements of this chapter; provided, all setback requirements of this chapter
must be maintained; and provided, it can be demonstrated safe and adequate sewage treatment
systems can be installed to serve the permanent dwelling, Any 1 -acre lot which was of record before
October 16, 1979 may be used for single-family detached dwelling purposes regardless of ownership of
adjacent parcels, provided the lot meets all other requirements of this chapter.
(B) Reductions in Lot Size for Public Purposes. Anv lot that has been reduced in size due to
the acquisition of property for public purposes that would otherwise meet the requirements for an
existing lot as described in Section 154,080 (A), may be used for a single family detached dwelling,
provided that the lot is not reduced in size by more than 10% of the minimum district requirements due
to the public land acquisition and further provided the lot conforms to all other zoning district and
subdivision standards for the district in which it is located. This provision shall apply to the subdivision
of lots in existence prior to the adoption of this ordinance that would have otherwise met the zoning
district standards for lot size and that meet all requirements of this section.
(CB) Contiguous parcels. If, in a group of 2 or more contiguous lots or parcels of land owned
or controlled by the same person, any individual lot or parcel does not meet the full width or area
requirements of this chapter, the individual lot or parcel cannot be considered as a separate parcel of
land for purposes of sale or development, but must be combined with adjacent lots or parcels under the
same ownership so that the combination will equal 1 or more parcels of land, each meeting the full lot
width and area requirements of this chapter.
(D6) Subdivision of lots. Any lot or parcel of land subdivided by any means after the effective
date of this chapter for purposes of erecting a structure, must be approved as required by the
subdivision ordinance.
(E8) Lake and stream frontage lots. All lots having frontage on a lake or stream shall be
y
subject to the provisions of the shoreland management ordinance as well as the regulations provided by
this chapter. All lots on unclassified bodies of water in the shoreland management ordinance shall meet
the minimum setback requirements for a General Development Lake, except as provided in the
Shoreland management section.
(EE-) Lots in the flood plain. All lots in a designated flood plain shall be subject to the flood
plain ordinance as well as the regulations provided by this chapter
(GF) Reduction of required yard or lot size prohibited. No yard or lot shall be reduced in
area or dimension so as to make it less than the minimum required by this chapter, and if the existing
yard or lot is less than the minimum required, it shall not be further reduced. No required yard or lot
currently used for a building or dwelling group shall be used to satisfy minimum lot area requirements
for any other building.
(HG) Sloping on erodible building sites. On sites with slopes of greater than 25% or on easily
erodible soils as defined on the community soils maps and compiled by the County Soils Conservation
Agent, no structure shall be constructed.
(144) Minimum area requirements for lots without public sanitary sewer. In areas without
public sanitary sewer, but where public sanitary sewer is proposed in the city's Capital Improvement
Program, single- and 2 -family homes shall demonstrate suitable soil conditions for adequate on-site
sewage treatment area.
(1) In areas without public sanitary sewer where public sanitary sewer is not
proposed in the City Capital Improvement Program or Comprehensive Plan, single- and 2 -family homes
shall demonstrate suitable soil conditions for a minimum -on-site sewage treatment area of 1 acre per
dwelling unit.
(2) A building permit shall not be issued for a lot which either does not meet the
minimum acres of acceptable soils for on-site sewage treatment; or does not have enough acceptable
soils within the lot or under legal contract to construct at least 2 complete septic/drainfield treatment
systems.
(J+) Lot width on a public street. All lots or parcels shall have direct adequate physical
access for emergency vehicles along the frontage of the lot or parcel on a dedicated and approved
public roadway to the width derived from applying the lot width requirement in each zoning district.
(1997 Code, § 300.09)