HomeMy WebLinkAboutPZ Packet 05-07-12TIME CITY OF
LAKE ELMO 3800 Laverne Avenue North (651) 777-5510
Lake Elmo, MN 55042 www.takeelmo.org
NOTICE OF MEETING
con a
The City of Lake Elmo
Planning Commission will conduct a meeting on
Monday, May 7, 2012 at 7:00 p.m.
1
1. Pledge of Allegiance
2. Election of Vice Chair
3. Approve Agenda
4. Approve Minutes
a. None
5. Public Hearings
a. CHRIST LUTHERAN CHUCH SEPTIC SYSTEM VARIANCE. Christ
Lutheran Church has requested a variance to allow the installation of holding
tanks that will be used for longer than 12 months to serve as part of the subsurface
sewage treatment system for the facility at 11194 36`x' Street North.
b. OAKDALE GUN CLUB CONDITIONAL USE PERMIT AMENDMENT. The
Oakdale Gun Club is asking to amend its Conditional Use Permit to allow the
installation of cementitious side walls and overhead baffling on several of the
existing ranges within its facility at 10386 North 10th Street.
6. Business Items
7. Updates
a. City Council Updates.
i. May 1, 2012 — Council discussion of Economic Development Authority
b. Staff Updates
i. MnDOT Community Roadside Landscaping Partnership Program
Plantings - June 2, 2012 at 9:00 a.m.
ii. Upcoming Meetings:
1. May 8, 2012 —City Council Workshop on Growth and Utilities
2. May 10, 2012 — Village Work Group
3. May 14, 2012 — Planning Commission
4. May 30, 2012 —Planning Commission
c. Commission Concerns
8. Adjourn
Planning Commission
Date: 517112
PUBLIC HEARING
Item: 5a
ITEM: Christ Lutheran Church Septic Sy$tem Variance for Holding Tanks
SUBMITTED BY: Kyle Klatt, Planning Director //
i
REVIEWED BY: Nick Johnson, City Planner
SUMMARY AND ACTION REQUESTED
The Planning Commission is being asked to consider a request from Christ Lutheran Church,
11194 36th Street North, for a variance to install holding tanks that will replace an existing non-
compliant subsurface sewage treatment on its site. The proposal involves the installation of three
tanks with a capacity of 1,500 gallons each that will be used for longer than a 12 month period of
time. The Washington County regulations pertaining to subsurface sewage treatment systems
(SSTS) do not allow the use of holding tanks beyond 12 months.
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 variance
request from Christ Lutheran Church, 11194 36th Street North, for a variance to install holding
tanks that will replace an existing non-compliant subsurface sewage treatment on its site with the
following conditions of approval:
1. The applicant shall to enter into an Agreement with the City waiving their right to appeal
their assessment for the extension of Municipal Sanitary Sewer when a project to serve
this property is initiated by the City. A non-binding letter as submitted does not fulfill this
requirement.
2. The applicant should be required to submit copies of all septic tank pumping records to
the City on a quarterly basis.
ORDER OF BUSINESS:
- Introduction.........................................................................................Planning Director
- Report by staff..................................................................................... Planning Director
- Questions from the Commission....................................Chair & Commission Members
- Applicant Comments.............................................................................. Chair facilitates
- Questions of the Applicant.............................................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
ATTACHMENTS:
1. Staff Report
2. Application Form
3. Application Narrative
4. Site Plan
5. Letter from Septic Designer (3/23/12)
6. Septic Designer Analysis
7. Letter from Church Facilities Chairman (4/12/12)
8. Proposed Septic System Management Plan
9. City Sewer Letter (Applicant 4/3/12)
10. City Engineer Review Memorandum
City of Lake Elmo Planning Department
Septic System Variance Request
To: Planning Commission
From: Kyle Klatt, Planning Director
Meeting Date: 5/7/12
Applicant: Christ Lutheran Church
Owner: Christ Lutheran Church
Location: 11194 36th Street North
Zoning: PF — Public and Quasi -Public Open Space/Public Facilities
Application The City of Lake Elmo has received an application from Christ Lutheran Church,
Summary: 11194 36`x' Street North, for a variance to install holding tanks that will replace an
existing non-compliant subsurface sewage treatment on its site. The proposal
involves the installation of three tanks with a capacity of 1,500 gallons each that will
be used for longer than a 12 month period of time. The Washington County
regulations pertaining to subsurface sewage treatment systems (SSTS) do not allow
the use of holding tanks beyond 12 months.
The applicant has provided a written statement to the City indicating that the Church
will connect to public sanitary sewer when it is extended to its site and that it will not
contest the construction of this system
As part of a previous request to the City, the Church was seeking improvements to
Laverne Avenue in front of its facility, but has since elected not to pursue these
improvements. The site plans submitted with the current variance request therefore
eliminate any work that was proposed with the Lavern Avenue right-of-way.
Property The Christ Lutheran Church building was initially constructed in the 1950's, and the
Information: facility has been expanded and improved at various times over the past several years.
The most recent major renovation/expansion occurred in 1996, since that time there is
no record of any other significant improvements in the City records. The facility
includes several different components, including the sanctuary, offices, atrium,
classrooms, conference room, kitchen, and other ancillary functions. Because the
facility has been expanded various times in a piecemeal fashion, and given the age of
many of the improvements, the Church recently received approval from the City to
improve overall access throughout the facility and create additional space for church
functions through an amendment to its Conditional Use Permit.
The applicant's site is located within the heart of the Village Planning Area, and is one
Septic Sys'teni Varicaice Reguen, Christ Luthermt (;haurch
PlanaiitgCoininissiort Re}uort; .511-/12
Applicable
Codes:
of a series of PF — Public Facility uses that is scattered amongst the residential and
commercial uses within the Village. The Church also owns the former Lake Elmo
Bank building at 3549 Lake Elmo Avenue North, and uses the parking lot accessory to
this building to help provide for the parking demand around the Church on Sundays
and during other peak usage times. The attached site survey includes all of the
property owned by the Church in this area, which is spread between four separate
parcels of land.
As noted above, the Church recently was granted approval to improve its current site
by adding on the entrance areas, enclosing the current atrium, and adding a second
story addition above some existing classroom and meeting space areas. As part of its
approval for this work, the City adopted the following condition of approval:
The applicant shall submit a septic system inspection report prepared and
signed by a licensed septic inspector verifying that the current septic system is
compliant with Washington County regulations, and that: a) address the
available capacity of the system and states its ability to accommodate the
additional use created by the expansion project, or provide a design for its
expansion, and b) includes a description o the current system type and
components, dimensions, and capacity.
a) Should the current system be found to be a non-compliant system or in
need of replacement, a revised septic system plan shall be approved by
Washington County prior to the issuance of a building permit for the
proposed project.
In researching status of the current system in accordance with the above requirement,
the applicant found that it was not compliant with current County requirements,. and
therefore began to research alternatives to install a new system. For the reasons as
noted in the attached application materials, the applicant has indicated that are no
suitable locations to install a new drainfield, and has asked for a variance to install
holding tanks on a temporary basis until the City's sanitary sewer system is extended
to the site.
Section 154.063 PF — Public and Quasi -Public Open Space
(B) Uses allowed by conditional use permit
(2) Places of Worship
Sections A through F contain the district regulations for the PF Zoning District
Section 150.017 Variances.
(A -I) Variances. Identifies procedures and requirements for the processing and
review of a variance application. Please note that this section was recently
updated by the City to comply with revisions to Minnesota State Statutes,
Washington County Development Code: Chapter 4 — Subsurface Sewage
Treatment Systems. Includes the regulations adopted by reference by the City of
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Lake Elmo, including the provisions pertaining to the use of holding tanks.
& General Site Overview
Site Data: I Lot Size: 1.14 acres (3 parcels, including street right-of-way)
Existing Use: Place of Worship (includes accessory uses)
Existing Zoning: PF— Public and Quasi -Public Facilities
Property Identification Numbers (PID): 13.029.21.21.0020; 13.029.21.23.0060; and
13.029.21.23.0061
Review:
Variance
Review:
The applicant's current septic system is divided into two separate and distinct systems
that handle the needs of the facility. It was last upgraded in 1969, with portions dating
back to 1953, prior to any of the existing regulations for wastewater treatment. The
City's files contain very little information regarding these systems, which is not
surprising given their ages. Based on the inspections that were recently performed, the
Church came to the conclusion that the current system was not going to be viable to
continue operating in the future, especially once it proceeds with the planned facility
improvements.
The attached application narrative contains a written description from the applicant
outlining the reasons why a variance has been requested. As part of the initial review
the applicant's submissions to the City, the City requested additional documentation
from the Church's septic designer to confirm that: 1) the existing systems that serve
the site can no longer provide adequate capacity for the church, and 2) that there is not
sufficient room on the site to install a new drainfield. The additional research
performed by the applicant's septic designer has shown that there is a buried
foundation from an old structure on the premises which further reduces the amount of
land on the property that is suitable for a treatment system.
The ultimate recommendation from the septic designer is that there is no suitable
alternative to the installation of holding tanks until such time that sewer is available to
the property.
The system that has been proposed would continue to make use of the existing internal
system that directs flow into two separate systems. The larger system would be
designed with a capacity of 3,000 gallons and the smaller system would include a
1,500 gallon tank. Based on the past two month's worth of water usage by the
Church, this would provide a capacity of about 20 days for the church. As part of the
application materials, the applicant has submitted a proposed management plan for
each of the holding tank systems, which the Church should be able to use to help
monitor and maintain the system.
The City Engineer has reviewed the proposed variance and provided comments
included in the attached memorandum dated April 19, 2012. Please note this review
.S.:Land Uses. Var8anees X.'hr l t;udheran Church Holding 7auk�Rq, P/ Christ Lertheran Septic Pcatalorct. 5-7-72.doe
Page 3
Septic V. .Ytem Variance Requeq Christ Wheran Church
PlanningCoininty, torn Report; 5/2,c12
includes a recommendation of two conditions which have been incorporated into the
Staff recommendation below. The Engineer is recommending that the applicant enter
into an agreement with the City that waives the right to appeal assessments related to
the extension of sewer to this site.
An applicant must also establish and demonstrate compliance with the variance
criteria set forth in Lake Elmo City Code Section 154.017 before an exception or
modification to city code requirements can be granted. These criteria are listed below:
1. Practical Difficulties. A variance to the provision of this chapter may be granted
by the Board of Adjustment upon the application by the owner of the affected
property where the strict enforcement of this chapter would cause practical
difficulties because of circumstances unique to the individual property under
consideration and then only when it is demonstrated that such actions will be in
keeping with the spirit and intent of this chapter. Definition of practical
difficulties - "Practical difficulties" as used in connection with the granting of a
variance, means that the property owner proposes to use the property in a
reasonable manner not permitted by an official control.
2. Unique Circumstances. The plight of the landowner is due to circumstances
unique to the property not created by the landowner.
3. Character of locality. The proposed variance will not alter the essential character
of the locality in which the property in question is located.
4. Adjacent properties and traffic. The proposed variance will not impair an
adequate supply of light and air to property adjacent to the property in question or
substantially increase the congestion of the public streets or substantially diminish
or impair property values within the neighborhood.
Given the information that has been submitted by the applicant and pending further
review by the Planning Commission, staff would offer the following suggested
findings specific to the variances that have been requested by the applicant:
1. The proposed use of holding tanks is a reasonable use of the property. The
applicant has demonstrated that there are no suitable locations on the site to
construct a drainfield, and the proposed holding tanks will allow the church to
continue its operations prior to the extension of public sanitary sewer service
to its property. The Church has provided a written statement that it intends to
connect to public sewer service when it is made available, and that the holding
tanks are a temporary solution until such time.
2. There are no portions of the applicant's site that could accommodate a
drainfield and standard sewage treatment system. The site is very constrained
due to previous additions and expansions, and an old structure foundation
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Septic SWeni Variance Request; (;Christ Lutheran Church
Planning Cornmission Report; 5/7/13
further limits the amount of land available for a treatment system.
3. The applicant's site is unique because it is a small parcel located within the
Lake Elmo Village Area and is zoned PF — Public Facility. It is the only
church located within the City's central, business district, and it is surrounded
by commercial and residential structures with a variety of setbacks and
building sizes.
4. The proposed holding tanks will not change the essential character of the
locality because tanks will be installed below grade and will not be visible to
surrounding properties. The City's central business district is comprised of a
wide mix of commercial and residential uses, many of which are located very
close or immediately adjacent to public right-of-way.
5. The proposed variance will not impair an adequate supply of light and air to
property adjacent to the property in question or substantially increase the
congestion of the public streets or substantially diminish or impair property
values within the neighborhood. The proposed holding tanks will not alter or
increase any of the existing traffic patterns in the surrounding neighborhood.
Conclusions: Based on the above background information and analysis, Staff is recommending
approval of the variance request from Christ Lutheran Church, 11194 36`h Street
North, for a variance to install holding tanks that will replace an existing non-
compliant subsurface sewage treatment on its site with two conditions of approval.
Additional The applicant will need to secure property permits from Washington County if the
information: variance is approved by the City Council.
Conclusion:
Commission
Options:
Christ Lutheran Church, 11194 36th Street North, has submitted a request for a
variance to install holding tanks that will replace an existing non-compliant
subsurface sewage treatment on its site. The proposal involves the installation of three
tanks with a capacity of 1,500 gallons each that will be used for longer than a 12
month period of time
The Planning Commission has the following options:
A) Table taking action on the request and direct the applicant to provide additional
information concerning the request;
B) Recommend approval of the conditional use permit amendment request, with
the conditions as recommended by Staff,
C) Recommend denial of the conditional use permit amendment request with
S. I'aud f ce,Fariancesi.Clu4al Lutheran Church Ilolding lacks ltegp i'7Chriv Lutheran Septic I'orrnuce ?-% 1".doc
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Septic,Svsteni Variance Request; Chris? Lutheran Church
Plarmiog Crunini,ssionn Reporl 517112
Staff Rec:
findings to support this action.
The 60 -day review period for this application expires on June 20, 2012, but can be
extended an additional 60 days if more time is needed to complete the City's review.
Staff is recommending that the Planning Commission recommend approval of the
variance request by Christ Lutheran Church, 11194 36"' Street North, has submitted a
request for a variance to install holding tanks that will replace an existing non-
compliant subsurface sewage treatment on its site, provided the following conditions
are met:
1. The applicant shall to enter into an Agreement with the City waiving their right
to appeal their assessment for the extension of Municipal Sanitary Sewer when
a project to serve this property is initiated by the City. A non-binding letter as
submitted does not fulfill this requirement.
2. The applicant should be required to submit copies of all septic tank pumping
records to the City on a quarterly basis.
Denial I 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 Christ Lutheran Church for a
variance... (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 Christ Lutheran Church for
a septic system variance based on the findings provided in the staff report... (or
cite your own)
..with the conditions outlined in the staff report.
cc: Jim Lohman, Christ Lutheran Church
Kevin Busch, Busch Architects
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Pace 6
Fee $ 75`D
City of Lake Elmo
( l2 1011 DEVELOPMENT APPLICATION FORM
❑ Comprehensive Plan Amendment g Variance * (See below) ❑ Residential Subdivision
r� .) Preliminary/Final Plat
- O 01 -10 Lots
❑ Zoning Distri'c�$ Amendment ❑Minor Subdivision
❑ Text Amendment ❑ Lot Line Adjustment O 11 - 20 Lots
O 21 Lots or More
❑ Flood Plain C.U.P. ❑ Residential Subdivision ❑ Excavating & Grading Permit
Conditional Use Permit Sketch/Concept Plan ❑ Appeal ❑ PUD
❑ Conditional Use Permit (C.U.P.) ❑ Site & Building Plan Review
APPLICANT: KcJth Sve,"� Oh Oetnalfa'f QO rr l I1 u^Cln^� (llc143(0J7-- Nit)- '(--FOAL
(Name) (Mailing Address) (zip)
TELEPHONES: (CGr "I �oL, laf2- 333�2z75CI-GIb'Sbt4 mro-
rEE�ER: RWSctn 0-kott-1,frl 3172 4:' K4 VG .S6--rin S -u ae l0
(Name) (Mailing Address)
TELEPHONES:
(Home) (Work) (Mobile) (Fax)
PROPERTY LOCATION (Address and Complete (Long) Legal Description):
V. V"J tgor?It C —4,
M N S`.S
(Zip)
DETAILED REASON FOR REQUEST: ?ems l3lrOtt, I64�"- LD aI'�J S'-ip14' S -sr -hu
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*VARIANCE REQUESTS: As outlined in Section 301.060 C. of the Lake Elmo Municipal Code, the Applicant must
demonstrate a hardship before a variance can be granted. The hardship related to this application is as follows:
Tin G G k ✓ c fi 1'J ' 1 � i � f �c� G, .� �/ Sd P -i v c. S y ✓ � v+n✓ 4/G 1-tg t ( t H
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S C A t•• ^. J fi eq, d of Gi`t.�--1'' f -k t..., �I Y e Tr•' I'( 'r"� r IJNJ / '�A t N'�/
In signing this application, I hereby acknowledge that I have read and fully understand the applicable provisions of the
Zoning and Subdivision Ordinances and current administrative procedures. I further acknowledge the fee explanation as
outlined in the application procedures and hereby agree to nay all statements received from the City pertaining to
additional application expense.
��jIS/I��j/ I�__2.a 2011
Sig iature of Applicant Date Signature of Applicant Date
1/22/2004 City of Lake Elmo • 3800 Laverne Avenue North • Lake Elmo • 55042.651-777-5510 • Fax 651-777-9615
22 December 2011
To:
City of Lake Elmo
3800 Laverne Avenue
Lake Elmo, MN 55042
From:
Christ Lutheran Church
1119436 th Street North
Lake Elmo, MN 55042
Request for Variance — Narrative
Variance for septic system type, period of use, and servicing.
a. Owner: Christ Lutheran Church, 11194 36`h Street North, Lake Elmo, MN 550
b. Legal Description: DESCRIPTION OF PROPERTY SURVEYED
(Per Deed Record No. 84, Page 607)
All that part of the Northwest quarter (NW1/4) of Section Number Thirteen (13), in Township
number Twenty-nine (29) North, of Range number Twenty-one West, described as follows, to -wit;
Beginning at a point in the center of the Elmo Road (so-called) at a point Six hundred and
seventy (670) feet Northerly of the Northwest corner of Lot Number One (1) of Block number One (1) of
Elmo Park, as surveyed and platted and now of record in the Office of the Register of Deeds in and for
said County; thence Easterly on a line parallel to the North line of said Section One hundred and eighty
(180) feet to a point, being the point of beginning; thence Northerly on a line parallel to the center line
of said road Two hundred and seventeen and eighty one -hundredths (217.80) feet; thence Easterly on a
line parallel to the North line of said Section Two Hundred (200) feet; thence Southerly on a line parallel
to the center line of said road Two hundred and seventeen and eighty
one -hundredths (217.80) feet; thence Westerly on a line parallel to the North line of said
Section two hundred (200) feet, to the point of beginning, except Twenty (20) feet on the
West Side of said lot which is to be used for private alley, and Thirty three (33) feet on the East side, and
Thirty (30) feet on the South side, which is to be used for Public Road.
And
(Per Quit Claim Deed Document No. 192551)
The West Twenty (20) feet of Lot Thirty-nine (39) County Auditor's Plat No. 8, Washington County,
Minnesota.
And
(Per Warranty Deed Document No. 192552)
Lots Eight (8) and Nine (9), Block Two (2), Cloverdale, According to the plat thereof, on
file and of record in the Office of the Register of Deeds, Washington County, Minnesota.
And
(Per Special Warranty Deed Document Nos. 1123102 (Torrens) and 3155545 (Abstract))
Parcel 1 (Torrens):
The South Forty (40) feet of Lot Twenty-nine (29) and all of Lot Thirty (30), County
Auditor's Plat No. 8 as surveyed and platted and now on file in the Office of the Registrar
of Titles of Washington County, Minnesota being the Village of Lake Elmo, Minnesota.
Parcel 2 (Abstract):
Lot Twenty-nine except the South 40 feet thereof, County Auditor's Plat No. 8.
1. Parcel Identification Numbers: Cloverdale, Block 2, Lot 8 and Lot 9 (1302921230020); County
Auditor's Plat No. 8, Lots 39, 29, 30. (1302921230060); (1302921230053).
2. Parcel Size: 67,158 sf, 1.54 acres.
3. Existing Use of Land: Religious organization; Business; Parking.
4. Current Zoning: P/PF; R-1; GB — see drawings for locations of each.
5. Portion of Site under consideration is being used as a church. Site size: 31,363 s.f.; 0.72
acres; Zoning, P/PF.
c. Washington County Development Code Chapter 4—Sub-Surface Sewer System Regulations;
requires the following: A permit for a temporary, septic holding tank is valid for one-year. We
are requesting a variance so that the temporary holding tanks can be used until a Municipal
Sanitary Sewer has been installed in either Laverne Avenue or 36th Street North.
d. The church proposes to install temporary septic holding tanks, specifically, three 1,500 gallon
tanks for sewage disposal and holding. The tanks will be emptied by a disposal service on a
regular, on-going basis. After considering building setbacks, building footprint, and other
impervious surfaces, the site does not have the capacity for the installation of additional
drainage fields, necessitating the installation of septic holding tanks.
e. We have worked with the city planner and engineer to determine what the City of Lake Elmo
would prefer for wastewater systems. We have retained a licensed septic inspector for
Washington County (Barry Brown) to conduct an inspection for compliance of the existing
building wastewater system. Mr. Brown determined that the existing system is in non-
compliance and that there is not enough room on the property to install a compliant system
that meets the needs of the building. We have received water -use reports from the City to help
determine wastewater volume — leading again to a finding of non-compliance with the existing
system.
f. Christ Lutheran Church has been using this property since 1953 and there are no other options
for an expanded septic system. The church wishes to remain in its present location as a
community based church
g. The original church building including the west side septic system was constructed in 1953; the
classroom/office addition including the east side septic system, was constructed in 1969 — both
preceded any zoning ordinances regarding wastewater and septic systems. At the time the
existing systems were installed, there were no regulations regarding capacity. Now with new
regulations, the church finds itself with a non -complying septic system and no land to install or
expand a typical drainfield.
h. The new septic tank system will not be visible within the neighborhood. There will be a
pumping service that will visit the site twice per week to pump the temporary tanks. The tanks
will be removed when the Municipal Sewerage System has been installed in the street and the
church connects to the new system.
Thank you for your consideration.
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RECEIVED
AN 1 1 'NU
1 Y OF LAKE ELMO
23 March 2012
Kyle Klatt, Director of Planning
City of Lake Elmo
3800 Laverne Avenue North
Lake Elmo, MN 55042
Re: Christ Lutheran Church, 11194 36th Street North, Lake Elmo, MN 55042
Dear Kyle,
Upon your request, I have been on site at Christ Lutheran Church to survey the property to see if there are
alternative locations for a septic system other than the temporary holding tanks the Church is proposing.
Because of the parking lot on the north and west sides, the existing septic system on the east, and the buried
foundations of an old house on the south, there appear to be no alternative locations for a traditional septic
system.
Therefore I am recommending approval of the variance to have temporary holding tanks installed until that time
when a municipal system is In place.
Thank youl
Sincerely,
Barry Brown
Licensed Septic Inspector for Washington County
j
To The City of Lake Elmo
D. -ROMANY C*gr.JT P
1 am a licensed designer and inspector of septic systems in the state of Minnesota. I have
studied the septic systems at Christ Lutheran Church in Lake Elmo. It is in my professional
opinion that:
I ) The existing systems can no longer provide adequate capacity for Christ Lutheran
Church. Neither system is a holding tank but both need to be pumped on a regular
basis to prevent backups.
2) Because of the situation with street right of way on the east and. south sides, there is
definitely not enough space to install a new drain field on this parcel. The only
permanent answer is to hook the church to a municipal sewer. The holding tanks are
the only answer until the municipal sewer comes through.
if there are any questions about this I can be reached at 651-735-7321
Barry Brown
License number 1772
April 12, 2012
I�.
Mr. Kyle Klatt
Planning Director
City of Lake Elmo
Lake Elmo, MN 55042
Re: Sept+c System Management Flans
Christ Lutheran Church
11194 36th Street North
Lake Elmo, MN 55042
kvtt 12 2011
CITY OF LOF ELMO
Dear Mr. Klatt
Attached is the Septic System Management Plans for the Holding Tank Systems. One for the
West side and one for the East side of Christ Lutheran, Church.
Also included is a letter from Barry Brown that he has reviewed the site and there appears to be
no alternate locations for a traditional septic system.
I believe this is all the information the city engineers need to proceed with the variance
application. If not please let me know as soon as possible what additional information you
need.
Re aids
James E Lohmann
%f Chairman of the Facilities Task Force
UNIVERSITY
- Wi...}
.:
OF MINNESOTAr
W
Septic System Management Plan
for Holding Tank Systems
The goal of a septic system is to protect human health and the environment by properly treating
wastewater before returning it to the environment. Your holding tank system is designed to store your
used water before it is recycled back into our lakes, streams and groundwater.
This management plan will identify the operation and maintenance activities necessary to
ensure compliance with applicable rules and regulations. Some of these activities must be performed by
you, the homeowner. Other tasks must be performed by a licensed septic. maintainer. However, it is
YOUR responsibility to make sure all tasks get accomplished in a timely manner.
The University of Minnesota's Septic System Owner's Guide contains additional tips and
recommendations designed to extend the effective life of your system and save you money over time.
Proper septic system design, installation, operation and maintenance means safe and dean waterl
Property owner: Christ Lutheran Church (west side holding area)
Property Address: 11194 36th St., Lake Elmo Property ID: 1302921230060
System Designer: Barry Brown License#: 1772
System Installer: License #:
Service Provider/Maintainer: Phone:
Permitting Authority: Washington County Phone: 651-430-6676
Permit#: Date Inspected:
Keep this Management Plan with your Septic System Owner's Guide, The Septic System Owner's
Guide includes a folder to hold maintenance records including pumping, inspection and evaluation
reports. Ask your septic professional to also:
• Attach permit information, designer drawings and as-builts of your system, if they are available.
• Keep copies of all pumping records and other maintenance and repair invoices with this document.
• Review this document with your maintenance professional at each visit; discuss any changes in
product use, activities, or water -use appliances.
For a copy of the Septic System Owner's Guide, cal 11-800-876-8636 or go to http://shop.extension.umn.edu/
http://septic.umn.edu 'Re
ED
,\V IS t t LMI
-art,
UNIVERSITY
OF MINNESOTA
Septic System Management Plan
For Holding Tank Systems
Maintenance hole cover - _
must be below grade
- - ' - 6" cleanout pipe with tight
b"-1Y'orsect,red
cap to prevent odor
_
finished grade - - , ,
Alarm signal
`At least b"
of soli cover -
❑ Cased well Casing depth:
Building
sewer
.(� 29mmin
1
Tank capa ftlDr residencesf LOAD gallons
minham, 0, Anngallons per bndrnrmt
well depth (ft): municipal supply
whichever is greatest; for other orablishmems
five toff s Tse average deMgn now
❑ Cased well Casing depth:
Comments
❑ Other (specify):
Tank most be wararttght, _ Alarm #Ioat
Distance from septic (ft):
:now measurement: mast be provided: 4 positive
�.
Is the well on the design drawing?nY (�) N
warning system must be Installed vuffldhallows
Holding Tank
-- 25M mserve<aparity niiecactivaKon:
L3 Flow measurement device: meter
❑ Location: alarm in building
322 E
j
9lsoil cover Is hetwaen F-24°, tank fid must to insulate l (R -value to along
with all malntemmcehole covers.
Dwelling Type
well Construction
Number of bedrooms: _vAX5( (-i,1411aer fnuGh
t
50
well depth (ft): municipal supply
System capacity/ design flow (gpd):
Anticipated average daily flaw (gpd): 50
❑ Cased well Casing depth:
Comments
❑ Other (specify):
In-home business? _ What type?
Distance from septic (ft):
Number of occupants
Is the well on the design drawing?nY (�) N
Holding Tank
One tank: Tank volume: 500 gallons
L3 Flow measurement device: meter
❑ Location: alarm in building
0 Two tanks: Tank volume: gallons
Ll Tank is constructed of
❑ Alarm visual audible
—
❑ Reserve %: 20
❑ Service contract held by:
a Service contract is attached to this management plan
-2-
T r (
UNIVERSITY Septic System Management Plan
For Holding Tank Systems
( OF MINNESOTA
Homeowner Management Tasks
These operation and maintenance activities are your responsibility. Use the chart on page 5 to
track your activities.
Identify the service intervals recommended by your system designer and your local government. The
tank assessment for your system will be the shortest interval of these three intervals. Your
Pumper/maintainer will determine if your tank needs to be pumped.
Tank capacity _ (# of occupants X 50 Gallons/day) = # of days between cleaning
OR
Within 24 hours of alarm signal
System Designer: check every 20 days tMy tank needs to be emptied
Local Government: check every days every 20 days
Seasonally
❑ Monitor alarm daily — make sure the alarm has not signaled. Alarms signal when your holding
tank is nearly full; contact your maintainer.
❑ Measure and note your average daily water usage on page 5, Conserving water saves you
money!
❑ Leaks. check (listen, look) for leaks in toilets and dripping faucets. Repair leaks promptly
Annually
❑ Establish a contract for tank cleaning services with a state licensed maintenance business.
❑ Caps. Make sure that all caps and lids are intact: and in place. Inspect for damaged caps at least
every fall. Fix or replace damaged caps before winter to help prevent freezing issues.
❑ Water conditioning devices. See Page 5 for a list of devices. When possible, discharge clear
water sources to another location. Program the recharge frequency based on water demand
(gallons) rather than time (days). Recharging too frequently will result in increased pumping
costs.
❑ Review your water usage rate. Review the Water Use Appliance chart on Page S. Discuss any
major changes with your pumper/maintainer.
During each visit by a pumper/maintainer
❑ Ask if your pumper/maintainer is licensed in Minnesota.
❑ Make sure that your pumper/maintainer has clear access to the holding tank and completely
empties the tank
❑ Ask your pumper/maintainer to accomplish the tasks listed on the Professional Tasks on Page 4.
-3-
UNIVERSITY Septic System Management Plan OIL
OF MINNESOTA12i
For Holding Tank Systems a..
z
Professional Management Tasks
These are the operation and maintenance activities that a pumper/maintainer performs to help ensure
long-term performance of your system. Professionals should refer to the O/M Manual for detailed
checklists for tanks, pumps, alarms and other components. Call 800-322-8642 for more details.
❑ Written record provided to homeowner after each visit.
Plumbing/source of Wastewater
❑ Review the Water Use Appliance Chart on Page 5 with homeowner. Discuss any changes in
water use and the impact those changes may have on the frequency of maintenance.
❑ Review and document water usage rates with homeowner.
Holding Tanks
❑ Maintenance hole lid. A riser is recommended if the lid is not accessible from the ground
surface. Insulate the riser cover for frost protection.
❑ Liquid level. Check to make sure the tank is not leaking.
❑ Inspection pipes. Replace damaged caps.
❑ Alarm. Verify that the alarm works and that there is at least 25% reserve capacity.
❑ End of year seasonal property pumping. Remind homeowner of most frequent causes of tank
and building sewer freeze -ups. Ensure that there are no "micro -sources" of water such as a high
efficiency furnace or other dripping devices. Determine a logical winter water use plan that will
not result in need for emergency visit(s).
All other components — inspect as listed here:
Alarm should be checked by lifting the float with a hooked rod.
UNIVERSITY Septic System Management Plan
OF MINNESOTA For Holding TanlcSystems
Water -use Appliances and Equipment in the Home r• � `
Appliance Impacts on Bolding Tank
Garbage disposal • Uses water and increases pumping
frequency and expense.
• Uses water and increases pumping
Washing machine frequency and expense.
Dishwasher
• Uses water and increases pumping
frequency and expense.
Large bathtub
(whirlpool)
- • Uses water and increases pumping
frequency and expense.
Clear Water Uses
Impacts on holding Tank
High -efficiency
• Drip may result in frozen pipes
fnmace
during cold weather.
Water softener • Uses water and increases pumping
Iron filter frequency and expense.
Reverse osmosis
Surface drainage Uses water and increases pumping
Foofrequency and expense..
ting drains
_ Management Tips
• Use of a garb— agedisposal is not recommended.
• Minimize garbage disposal use. Compost instead.
• Choose a fiont-loader or water -saving top -loader,
these units use less water than older models.
• Wash only full loads.
• Do laundry off site.
• Wash only full loads.
• Take short showers to conserve wafer.
Management Tips
•
Re-rotito water into a sump pump or directly out of
the house. Do not route furnace rcoharge to your
holding tank.
• These sources produce water that is not sewage and
should not go into your holding tank.
• Reroute water from these sources to another outlet,
such as a dry well, drain tile or old dminfield.
• When replacing, consider using a demand -based
recharge vs. a time -based recharge.
• Check valves to ensure proper operation; have unit
Serviced per manufacturer directions
Maintenance Log
Track maintenance activities here for easy reference. See list of management- tasks on pages 3 and 4.
Activity
Date accomplished/measured water usage
Check daily fora period Of time and weekly once average use is determined:
Water usage rate (gallons per day)
Leaks: check for plumbing leaks
Annually:
Establish and maintain contract for holding
tank pumping services
Water use appliances - review use
-5-
UNIVERSITY Septic System Management Plan
O MINNESOTA
Holding Tank Systems �,;�#
Water Meter Reading and Tank Evacuation Schedule
Date Water Meter Tank Contents Total Gallons
Reading Removed? Removed
(in gallons)
Notes:
Mitigation/corrective action plan:
As the owner of this SSTS, I understand it is my responsibility to properly operate and maintain the sewage treatment system on this property,
utilizing the Management Pian. If requirements in this Management Plan ore not met, I will promptly notify the permitting authority and take
necessary rorrective actions.
Property Owner Signature: Date
Management Plan Prepared By: Barry Brown Certification #f 4213
Permitting Authority: Washington County
02oo9 Regents of the University of Minnesota. All rights reserved. The University of Minnesota Is an equal opportunity educator and
employer. This material is available in alternative formats upon request. Contact the Water Resources Center, 67.2-6249282, The Onsite
Sewage Treatment Program Is delivered by the University of Minnesota Extension Service and the University of Minnesota Water Resources
Center.
UNIVERSITY
OF MINNESOTA
Septic System Management Plan"
for Holding Tank Systems
The goal of a septic system is to protect human health and the environment by properly treating
wastewater before returning it to the environment. Your holding tank system is designed to store your
used water before it is recycled back into our lakes, streams and groundwater.
This management plan will identify the operation and maintenance activities necessary to
ensure compliance with applicable rules and regulations. Some of these activities must be performed by
you, the homeowner. Other tasks must be performed by a licensed septic maintainer. However, it is
YOUR responsibility to make sure all tasks get accomplished In a timely manner.
The University of Minnesota's Septic System Owner's Guide contains additional tips and
recommendations designed to extend the effective life of your system and save you money over time.
Proper septic system design, installation, operation and maintenance means safe and clean water!
Property owner: Christ Lutheran Church (east side holding area)
Property Address: 11194 36th St., Lake Elmo Property ID: 1302921230060
System Designer: Barr/ Brown License #: 1772
System Installer:
Service Provider/Maintainer:
License M
Phone:
Permitting Authority: Washington County Phone: 651-430-6676
Permit It: Date Inspected:
Keep this Management Plan with your Septic System Owner's Guide. The Septic System Owner's
Guide includes a folder to hold maintenance records including pumping, inspection and evaluation
reports. Ask your septic professional to also:
• Attach permit information, designer drawings and as-builts of your system, if they are available.
• Keep copies of all pumping records and other maintenance and repair invoices with this document.
• Review this document with your maintenance professional at each visit; discuss any changes in
product use, activities, or water -use appliances.
For a copy of the Septic System Owner's Guide, call 1-800-876-8636 or go to http://shop.extension.umn.edu/
http://septic.umn.edu
UNIVERSITY SepticSvsiemManagementPlan
Cil MINNESOTA HoldingT'ankSysiems
Your Holding Tank
Maintenance hole cover - . _ 6" cleanoaz pipe With tight
must be below grade
6" -12' orsecured cep to prevent odor
finished grade -- Alarn signal
'At lea5t6'
j-; ofsoil caves
Tank capachytor residi.twev.1=6 gallons
sir i"^ru ire
mmevermrAf)tl gallons perhmdrmmm,.
- --
Whichever is greatest•krmlherestaWBhments
_.
Building Jlvermas theaverage design flaw.
`
sewer T,anknIntbewatertlght. Alamifloat
�:.
Wmw measorementMust 6ept Apos'uve
wamlog systemmusthe {nstalled evlled%vhlchallows
TS / re521Vetdpat2v alteraclNaAmn
f E �.
'If sol' cover is between G" -2A , tank Ild must be insulated jtt-Valve uh along
With . all maintenance hole cavern.
Dwelling Type
Well Construction
Number of bedrooms: East holding tanks
150
Well depth (ft): municipal supply
System capacity) design flow (gpd):
Anticipated average daily flow (gpd): 150
❑ Cased well Casing depth:
Comments
❑ Other (specify);
In-home business? -,^What type?
Distance from septic (ft):
Number of occupants
Is the well on the design drawing?nY � N
Holding Tank
U One tank: Tank volume: gallons
Two tanks: Tank volume: 3000 gallons
❑ Tank is constructed of concrete
❑ Flow measurement device: water meter
❑ Location: alarm in building
❑ Alarm _visual V( audible
❑ Reserve %: 20
❑ Service contract held by:
❑ Service contract is attached to this management plan
-2-
UNIVERSITY Septic System Management Plan
OF MINNESOTA For Holding 7ankSystems
Homeowner Management Tasks
These operation and maintenance activities are your responsibility. Use the chart on page 6 to
track your activities.
Identify the service intervals recommended by your system designer and your local government. The
tank assessment for your system will be the shortest interval of these three intervals. Your
pumper/maintainer will determine if your tank needs to be pumped.
Tank capacity _ (# of occupants X 50 Gallons/day) _ # of days between cleaning
OR
Within 24 hours of alarm signal
System Designer: check every 20 days My taIneeds to be emptied
Local Government; check every days 0 days
Seasonally
❑ Monitor alarm daily — make sure the alarm has not signaled. Alarms signal when your holding
tank Is nearly full; contact your maintainer.
❑ Measure and note your average daily water usage on page S. Conserving water saves you
money!
❑ Leaks. Check (listen, look) for leaks in toilets and dripping faucets. Repair leaks promptly
Annually
❑ Establish a contract for tank cleaning services with a state licensed maintenance business.
❑ Caps. Make sure that all caps and lids are intact and in place. Inspect for damaged caps at least
every fall. Fix or replace damaged caps before winter to help prevent freezing issues.
❑ Water conditioning devices. See Page 5 for a list of devices. When possible, discharge clear
water sources to another location. Program the recharge frequency based on water demand
(gallons] rather than time (days). Recharging too frequently will result in Increased pumping
costs.
❑ Review your water usage rate. Review the Water Use Appliance chart on Page S. Discuss any
major changes with your pumper/maintainer.
During each visit by a pumper/maintainer
❑ Ask if your pumper/maintainer is licensed in Minnesota.
❑ Make sure that your pumper/maintainer has clear access to the holding tank and completely
empties the tank
❑ Ask your pumper/maintainer to accomplish the tasks listed on the Professional Tasks on Page 4.
-3-
IM,
UNIVERSITY Septic System Management Plan �"� ,ght zr•,
For Molding Tank Systems
OF MINNESOTA:.,+n{
Professional Management Tasks
These are the operation and maintenance activities that a pumper/maintainer performs to help ensure
long-term performance of your system. Professionals should refer to the 0/M Manual for detailed
checklists for tanks, pumps, alarms and other components. Call 800-322-8642 for more details.
❑ Written record provided to homeowner after each visit.
Plumbing/Source of Wastewater
❑ Review the Water Use Appliance Chart on Page 5 with homeowner. Discuss any changes in
water use and the Impact those changes may have on the frequency of maintenance.
❑ Review and document water usage rates with homeowner.
Holding Tanks
❑ Maintenance hole lid, A riser is recommended if the lid is not accessible from the ground
surface. Insulate the riser cover for frost protection,
❑ Liquid level. Check to make sure the tank is not leaking.
❑ inspection, pipes. Replace damaged caps.
❑ Alarm. Verify that the alarm works and that there is at least 25% reserve capacity.
❑ End of year seasonal property pumping. Remind homeowner of most frequent causes of tank
and building sewer freeze -ups, Ensure that there are no "micro -sources" of water such as a high
efficiency furnace or other dripping devices. Determine a logical winter water use plan that will
not result in need for emergency visit(s),
All other components — inspect as listed here:
_¢.
UNIVERSITY Septic System Management Plan
O MINNESOTA For Holding Tank Systems r,
Water -Use Appliances and Equipment in the Home
Appliance
Impacts on Holding Tank
Management Tips
Garbage disposal
• Uses water and increases pumping
. Use of a garbage disposal is not recommended.
frequency and expense.
. Minimize garbage disposal use. Compost instead.
. Uses water and increases pumping
. Choose a front -loader or water -saving top -loader,
Washing machine
frequency and expense,
these units use less water than older models.
• Wash only full loads.
. Do laundry off site.
Dishwasher
• Uses water and increases pumping
. Wash only full loads.
frequency and expense.
Large bathtub
(whirlpool)
Uses water and increases pumping
. Take short showers to conserve water.
frequency and expense.
Clear Water Uses
Impacts on Holding Tank
Management Tips
High -efficiency
• Drip may result in frozen pipes
. Re-route water into a sump pump or directly out of
furnace
during cold weather.
the house. Do not route furnace recharge to your
holding tank.
Water softener
• Uses water and increases pumping
- These sources produce water that is not sewage and
Iron filter
frequency and expense.
should not go into your holding tank.
Reverse osmosis
. Reroute water from these sources to another outlet,
such as a dry well, drain tile or old drainfield.
• When replacing, consider using a demand -based
Surface drainage
. Uses water and increases pumping
frequency and expense.
recharge vs. a time -based recharge.
Footing drains
. Check valves to ensure proper operation, have unit
serviced per manufacturer directions
Maintenance Log
Track maintenance activitles here for easy reference. See list of management tasics on pages 3 and 4.
Activity I Date accomplished/measured water usage I
Check dally far a period of time and weekly once average use is determined: I
Water usage rate (gallons per day)
Leaks: check for plumbing leaks
Annually:
Establish and maintain contract for holding
tank pumping services
Water use appliances — review use
-5-
UNIVERSITY
OF MINNESOTA
Septic System Management Plan
For Holding Tank Systems
111114k :;
A
Water Meter Reading and Tank Evacuation Schedule
Date Water Meter Tank Contents Total Gallons
Reading Removed? Removed
(in gallons)
Notes:
Mitigation/corrective action plan:
As the owner of this SSTS, I understand it is my responsibility to properly operate and maintain the sewage treatment system on this property,
utilizing the Management Plan. If requirements in this Management Plan are not met, I will promptly natlfy the permitting authority and take
necessary corrective actions.
Property Owner Signature: Date
Management Plan Prepared By: Barry Brown Certification # 4312
Permitting Authority: Washington County
02009 Regents of the Unlversity of Minnesota. All rights reserved, The University of Minnesota is an equal opportunity educator and
employer. This material is available In alternative formats upon request. Contact the Water Resources Center, 612.624.9252, The Onsite
Sewage Treatment Program is delivered by the University of Minnesota Extension Service and the University of Minnesota Water Resources
Center.
-6-
APR 10 212
} CITY C)f® LAKE
-! ) CI'lI i' v
i ChUE e
April 3, 2012
Mr. Kyle Klatt
Planning Director
City of Lake Elmo
Lake Elmo, MN 55042
11194 36`h Street North * Lake Elmo, MN 55042
Phone: 651/777-2881 * Fax:651/748-0145
Mailing: P.O. Box 310, Lake Elmo, MN 55042
Re: Variance Application for Septic System Holding Tanks
Christ Lutheran Church
11194 36th Street North
Lake Elmo, MN 55042
Dear Mr. Klatt,
Per your request we are providing a letter indicating that Christ Lutheran Church will connect to
the new sewer system when it is installed in the City of Lake Elmo
Christ Lutheran Church is looking forward to the construction of the new sewer system and
anticipates connecting to the new sewer system as soon as the sewer system is installed in the
road by the church.
Christ Lutheran Church has no plans to contest the construction of the new sewer system.
We hope this letter will be sufficient to indicate our intent for connection to the new system in
Lake Elmo.
Regards,
Jim Lohmann
MEMORANDUM
Date: April 19, 2012
FOCUS ENGINEERING,inc.
Cara Geheren, P.E. 651.300.4261
Jack Griffin, P.E. 651.300.4264
Ryan Stempski, P.E. 651.300.4267
To: Kyle Klatt, Lake Elmo Planning Director Re: City of Lake Elmo
Christ Lutheran Church
Cc: Jack Griffin, P.E., City Engineer Review of Variance Request
For Holding Tanks
From: Ryan Stempski, P.E.
We have received the supplemental submittal documentation for the variance request from Christ Lutheran
Church (11194 36th Street) to install holding tanks for more than 12 months for their septic system. The following
additional items were received:
• Cover letter dated April 3, 2012.
• Letter from Licensed Septic System Designer, received April 19, 2012.
• Septic System Management Plans for west side and east side holding tank systems.
• Updated Septic System Plan, prepared by Busch Architects, Inc., and March 28, 2012.
From the Engineer's perspective, this application is now complete when combined with the previous submittal
materials.
Engineering Review Comments:
The applicant has certified that the current septic system cannot support the facility into the future and that the
property has no viable location for a compliant subsurface sewage treatment replacement system. Holding tanks
appear to be the only viable solution until municipal sanitary sewer service can be extended to the property.
However, the reliance on holding tanks as a long-term solution is not a recommended practice. Accordingly,
Washington County requires a variance for the use of holding tanks for a period longer than 12 months. The
County relies on the local government unit to provide this variance.
Engineering recommends the following condition of approval should the Council choose to grant this variance:
1. The applicant should be required to enter into an Agreement with the City waiving their right to appeal
their assessment for the extension of Municipal Sanitary Sewer when a project to serve this property is
initiated by the City. A non-binding letter as submitted does not fulfill this requirement.
2. The applicant should be required to submit copies of all septic tank pumping records to the City on a
quarterly basis.
PAGE 1 of 1
Planning Commission
Date: 517112
Public hearing
Item: 96
ITEM: Hold a public hearing to consider an application from the Oakdale Gun Club to
amend its Conditional Use Permit
REQUESTED BY: Oakdale Gun Club, Applicant ///
SUBMITTED BY: Kyle Klatt, Director of Planning }2•
REVIEWED BY: Nick Johnson, City Planner
SUMMARY AND ACTION REQUESTED:
The Planning Commission is being asked to consider a request to amend the Conditional Use Permit for
the Oakdale Gun Club. A conditional use permit must be approved by the City if the applicant meets the
criteria for granting such a permit as specified by City Code. Specifically, the Planning Commission is
required to review the request and make a recommendation to the City Council concerning the effect of
the proposed use upon the health, safety, morals, convenience, and general welfare of occupants of
surrounding lands, existing and anticipated traffic conditions including parking facilities on adjacent
streets and land, the effect on utility and school capacities, the effect on property values of property in the
surrounding area, and the effect of the proposed use on the Comprehensive Plan. The City is required to
grant an amendment to a conditional use permit if the conditions in the ordinance are demonstrably met
by the applicant.
The amendment is requested to allow for the construction of cementitous sidewalls and overhead baffling
on several of the existing gun ranges within the facility. The changes to the property are requested in
order to improve safety throughout the property. Staff is recommending approval of the request. The
attached Staff report includes a detailed review of the application along with the Staff recommendation.
ADDITIONAL INFORMATION:
Background. The Club presently operates under a Conditional Use Permit (C.U.P.) approved by the city
council in 1988. The use dates back many years and prior to the city adopting any land use regulations.
Site situation. The site is situated between the Lake Elmo Park Reserve and 10th Street in the southern
portion of the City. The club owns two parcels of land; the gun range is located on the 40 -acre parcel
which is zoned A Agricultural. The applicant also owns an adjacent 22 -acre parcel which is zoned RR -
Rural Residential. The existing permit and proposed amendment is applicable only to the larger 40 -acres
parcel.
State Requirements. Minnesota Statutes Chapter 87A provides certain protections for shooting ranges
like the Oakdale Gun Club. Any action taken by the City would need to be compliant with the Shooting
Range Protection Act, which permits the continued operation of a shooting range as long as it is in
compliance with the State's performance standards.
• This act specifically permits a range operator to improve the safety and sound conditions of the
range in order to maintain and continue the operation of the range. The requested C.U.P.
amendment has been requested for this exact purpose.
The City does have more discretion under the act to deal with safety issues; however, there has
been no evidence generated or testimony received by the City in the recent past indicating that
any safety hazards exist on the site.
City Approval. If approved by the City, the requested amendment to the C.U.P. would allow the proposed
sidewalls and overhead baffling to be constructed. No other changes are proposed to the other portions
of the site that would affect the current operation of the facility.
Existing Conditions. The City does have the authority to enforce any existing ordinances or permits
governing the activity on the gun club site, but must be careful to collect evidence and sound data before
proceeding with any review of the overall conditional use permit currently in place on the property.
RECOMMENDATION:
Staff is recommending that the Planning Commission recommend approval of the request from the
Oakdale Gun Club to amend its existing Conditional Use Permit to allow the construction of cementitous
sidewalls and overhead ballistic baffling on several of the gun ranges within their facility at 10386 North
10th Street, provided the following conditions are met:
1. That the applicant continues to comply with the conditions of Resolution No. 88-5, approving the
master Conditional Use Permit for the site.
2. That the applicant provide for proper drainage openings or install drain tile along the sidewalls to
minimize the disruption of any existing drainage patterns within the site due to the construction of
said walls.
3. That the applicant secure any permits required by the Valley Branch Watershed District in order
to construct the proposed structures.
4. A building permit will be required for the proposed structures, and all construction plans shall be
signed by an engineer registered in the State of Minnesota.
5. That prior to any future amendments to the Conditional Use Permit the applicant provide an
updated site plan with an accurate depiction of all buildings, ranges, fences, driveways, and other
site improvements for review by the City.
ORDER OF BUSINESS:
- Introduction.........................................................................................Planning Director
- 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........
Planning Director
Chair & Commission Members
........................ Chair facilitates
Chair & Commission Members
........................................ Chair
......I ................. Chair
.......Chair Facilitates
...................Chair Facilitates
Action by the Planning Commission ..............................Chair & Commission Members
ATTACHMENTS:
1.
Staff Report
2.
Application Form
3.
Application Narrative
4.
Location Map
5.
Wall/Truss Sections
6.
Site Plan (New Structures in Purple)
7.
Aerial Photograph of Ranges
8.
Photographs of Example Structures
9.
Chapter 112 of the Lake Elmo City Code (Target Ranges)
10.
City Council Resolution 88-5
11.
City Attorney Correspondence (2/28/12)
12.
FAQ Sheet (Shooting Range Protection Act)
City of Lake Elmo Planning Department
Conditional Use Permit Amendment Reay
To: Planning Commission
From: Kyle Klatt, Planning Director
Meeting Date: May 7, 2012
Applicant: Rusty Williams, Black and Dew, LLC
Owner: Oakdale Gun Club
Location: 10386 North lots' Street
Zoning: A - Agricultural
Application The City of Lake Ehno has received a request from Rusty Williams of Black and Dew,
Summary. LLC on behalf of the Oakdale Gun Club to amend its existing Conditional Use Permit
to allow the construction of cementitous sidewalls and overhead ballistic baffling on
several of the gun ranges within their facility at 10386 North 10th Street. The
proposed improvements are intended to help prevent accidental discharges passing
beyond the existing bullet traps and to increase safety between the various ranges on
the site.
Property
Information:
The applicant has submitted a more detailed project narrative as part of the request,
which includes a description of some of the project benefits.
The Oakdale Gun Club has been in operation continuously on its present site since
1964, which predates the City's current Zoning Ordinance. The City's file on this
property goes back to at least 1965; however, for the purposes of the present review,
Staff will be focusing on actions taken by the City since 1982. It was at this point in
time that the City of Lake Elmo conducted a more thorough review of the Gun Club
operations, and it appears that this is when the current conditions of operation were
adopted by the City.
Between 1983 and 1997 the City reviewed the Gun Club operation as part of an annual
review of conditional use permits that was presented to the City Council each year.
Since 1997, it does not appear that the Council was presented information concerning
existing Conditional Use Permits. Staffs assumption is that any reviews were
conducted on an administrative basis.
Starting in the mid 1980's, the City Council adopted a resolution that specified the
conditions of approval for the Gun Club. After 1988, subsequent reviews and
amendments to the C.U.P. have used the resolution adopted in this year (Resolution
No. 88-5) as the basis for compliance. All amendments since then have technically
CUPAmendmenr Regiwv1- Oakdale Gini (70)
Manning C."ommission Report; 5ii!12
Applicable
Codes:
amended this resolution as is relates to the continued operation of the Gun Club. A
summary of the more recent C.U.P. amendments for the Gun Club is as follows:
• 1998 (Resolution 95-58) New caretaker residence, accessory garage, and
accessory storage structure.
• 2002 (Resolution not in file) Noise abatement cover for 25 ft. range.
• 2005 (Resolution No. 2005-111) Storage structure addition.
• 2006 (Resolution No. 2006-145) New storage building.
• 2008 (Withdrawn by Applicant) Construction of a building shell over an
existing range/expansion of operations building
The current use of the site includes a range operations building, several outdoor ranges
of varying length, the caretaker's home, storage buildings, a covered shooting range
(25 yards), an archery practice area, and other miscellaneous buildings. The actual use
of the facility beyond target practice includes training and other educational programs.
The property owned by the club is divided into two larger tracts. The 22 -acre eastern
portion is not used for any formal range facilities while the 40 -acre western parcel
houses all of the formal range operations.
Section 154.018 Administration.
Conditional Use Permits. Outlines the general requirements for all conditionally
permitted uses in Lake Elmo,
Section 154.033 Districts.
Subd. 4 (A) Agricultural Zoning District. Specifies that "Commercial recreation
of a rural nature, including outdoor target ranges" requires a conditional use
permit.
Chapter 112 Target Ranges.
Contains the City's requirements for the establishment and operation of a target
range facility, including requirements for inspection, application, insurance,
organization, construction, signage, hours of operation, supervision, and other
regulations.
& General Site Overview
Site Data: I Lot Size: 40 acres (active gun range property)
Existing Use: Target range facility
Existing Zoning: A — Agricultural
Property Identification Number (PID): 26-029-21-34-0001
Application. Review.
°uL etnd Cu i U �OakLale Gun Chih ,vnow' 4 20;'k-,, P2 ?ar.detfe Cma C iun t'Ul i ncwu
CUPAnaendmenlRequcaP; C?«IrdelleError(7uh
Planning Coninussion Re_Port; 5,"%i2
CUP Review:
The Oakdale Gun Club is a unique use in the City of Lake Elmo for a number of
reasons, and most importantly from a land use perspective, it has been in operation
long before the City adopted a Zoning Ordinance to regulate such uses. In reviewing
the extensive file for this property, Staff is suggesting that the Planning Commission
concentrate on the 1988 action by the City as a starting point for determining whether
or not the proposed site changes are in compliance with the Zoning Ordinance and
Conditional Use Permit for the property. This is the general approach that was used to
analyze the Club's C.U.P. amendments submitted since 1998.
As with the previous amendments, Staff has determined that an amendment to the
C.U.P. is required for the applicant to complete the work proposed. In accordance
with Section 300.06, Subd. 4 QC) of the Zoning Ordinance, an amended conditional
use may be administered in a manner similar to that required for anew permit.
The proposed improvements to the site would involve the construction of cementitous
side walls and overhead baffling on the ranges indicated on the attached site plan. The
specific ranges that would be subject to these improvements include the Comp, 100 -
yard, 50 -yard, 200 -yard, 25 -yard, and Short ranges, all of which are highlighted on the
site plan that was submitted. These improvements do not include the installation of a
roof over any of the ranges, and therefore would not result in any significant increase
in the impervious coverage presently on the site.
The applicant has indicated that the construction of side walls and overhead baffling is
being done to primarily improve safety within and outside of the gun range. The work
does have the added benefit of potentially reducing noise from the facility as well
since the walls and baffling will redirect some sound that would otherwise travel
directly offsite. Because the proposed structures would be built over existing ranges,
there would be no expansion to any existing ranges or any expansion in the operation
beyond the current usage. Staff concurs with the applicant's statements that the
proposed improvements will not have an impact on sound levels, environmental
impacts, vehicular traffic, and parking demand beyond the current levels.
The City Engineer does point out that the sidewalls could impact existing drainage
patterns within the facility, especially if they are located over an existing drainage
pattern on the site. Although the applicant has not submitted a topographic survey of
the site, most of the ranges have an earthen berm surrounding three of their sides, and
therefore any potential storm water runoff is most likely already flowing around each
range. The site in general is located within a depression, with the northern portion of
the site sloping upwards towards the Lake Elmo Park Reserve. The applicant has
agreed to install openings along the length of the wall at various intervals in order to
allow water to continue flowing freely along any existing drainage ways, and Staff is
suggesting that the potential for openings be considered as part of the building permit
review.
When the Gun Club approached the City a little over 4 years ago to amend its
Conditional Use Permit, it was noted that the State of Minnesota had recently adopted
the Shooting Range Protection Act, which provides additional protections to existing
gun ranges to continue operating in their present locations. Please note that under this
5"d.crnd ,a_ _:U (Oakdale Gait Cl r.,lrrt.'uC`4-en ';%`e{-1',- Ocma'ai- 6mClub CUP Amend 5
fix,......^
CIT Amendivew Rereiwvl,� Oakdale Gun Club
3'lanning Cbmnzi'ssion Report; 5.711'112
act. the City can continue to enforce any existing conditions and ordinances that
regulate the site, including the hours of operation. A brief summary of the legislation
is attached to this report, in addition to an opinion provided by the City Attorney on
this matter in 2008.
The changes proposed for the property are intended to help reduce the overall impacts
from the facility by enclosing and mitigating some of the shooting activity that
presently takes place on the site. There are no other changes proposed at this time,
although as the club continues to makes improvements to their property, it is very
likely that the City will be involved in additional reviews of this site.
Conditional Reviewing this request requires that all general CUP criteria be examined. For these
Use Permit types of applications, the burden is on the City to show why the use should not be
Criteria: permitted due to impacts that cannot be controlled by reasonable conditions.
1. Effects on the health, safety, morals, convenience, or general welfare of
surrounding lands.
In the early 1980's the City of Lake Elmo conducted an extensive review of the
Oakdale Gun Club and developed a list of conditions that have been applied to this
day to the present day. As part of the 2008 permit request Staff visited the site and
found that the club was operating in accordance with the City's requirements at that
time. One of the key factors that Staff recommends that the Planning Commission
consider as part of its review is whether or not the proposed changes will create any
external impacts beyond what presently occurs on the site. In this case, the addition of
sidewalls and overhead baffling should reduce the overall impacts from the site by
adding additional protections to ensure that bullets to not stray from the individual
shooting ranges.
The proposed work will not alter the current shooting ranges in any manner and will
not result in any increase in activity beyond what is already occurring on the site.
Staff finds that this criterion is satisfied.
2. Traffic & Parldng conditions.
Because the proposed improvements will not create any new ranges or expand the
capacity of any existing ranges, no additional traffic or demand for parking beyond the
situation will be generated by the project. Adding the sidewalls and baffling to
existing ranges does not increase the ability of the Gun Club to accommodate
additional users in any manner. The amount of traffic and parking associated with the
proposed use will continue to be consistent with the existing operation. Staff finds
that this criterion is met.
3. Effects on utility and school capacities.
The building addition and new range building will have minimal impacts on the
existing utilities at the site. There will be no changes to the utilities already
established for the site. Staff finds this criterion is met.
4. Effect on property values of surrounding lands
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C E P.Amendniew Requesl; Oakdcaie Gttn Ciul,
Planning Conanus,sion Reporl 5772
Conditional
Use Permit
"onclusions:
The Club has been in operation since before the City regulated such uses through
zoning, and likewise, the club has been located on this site since before many of the
surrounding land uses were established. Furthermore, since the request is for an
amendment to a C.U.P. and not a new use, the Planning Commission should consider
the potential impacts associated with this change and not the overall impacts of the
site. If there are any violations of the previous conditions of approval for the site, the
City may take action in accordance with the process specified in Resolution No. 88-5
or through enforcement of the City's Target Range ordinance.
Since the site changes requested as part of the C.U.P. amendment are intended to
reduce overall impacts from the site, Staff finds that this criterion is satisfied as well.
S. Effect of the proposed use on the Comprehensive Plan.
The property at 10386 North l Om Street is currently utilized for a target range facility.
The Comprehensive Plan guides the property for public facility use in the future, but
also provides for the continuation of existing uses until such time as the parcel is
redeveloped. The City Code allows for such a use to be conditionally permitted on
this site. Staff finds this criterion is met.
Based on the above analysis of the review criteria in City Code, staff recommends
approval of the request by the Oakdale Gun Club to amend its Conditional Use Permit
to construct cementitous sidewalls and overhead baffling on several of the existing
ranges within its facility at 1.0386 North 10' Street, based on the following:
1. The use would not negatively affect the health, safety, morals, convenience, or
general welfare of surrounding lands.
2. It would not affect traffic or parking conditions.
3. The use would have no effect on utility or school capacities.
4. The proposed amendment would have no effect on property values of surrounding
lands.
5. The use would be consistent with the Comprehensive Plan.
Resident I When the City considered the last amendment to the applicant's C.U.P. in 2008,
Concerns: several property owners expressed concern over the sound levels emanating from the
site, especially during the summer months. In addition, it was noted that at certain
times, there is a lot more activity on the property than had been in the past due to an
increase in the use of the facility for police training.
Additional Although the proposed improvements should not meet the threshold for a permit by
Information: the Valley Branch Watershed District, Staff is recommending that a condition of
approval noted that such a permit be secured if required.
Conclusion:
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0-11,11-11
CUP Amendment Requcset; Oakdale Gae; Club,
Planning, Commissimr Reoort., 5.�f'/IZ
The applicant is seeking approval to amend the existing Conditional Use Permit that
was issued to the Oakdale Gun Club to allow for the construction of sidewalls and
overhead baffling on several of the existing ranges at its facility at 10386 North l0a'
Street.
Commission The Planning Commission has the following options:
Options: A) Recommend approval of the conditional use permit request;
B) Recommend denial of the conditional use permit request.
The 60 -day review period for this application expires on 6/18/12, but can be extended
an additional 60 days if more time is needed.
Staff Rec: Staff is recommending approval of the request to amend an existing conditional use
permit for the Oakdale Gun Club at 10386 North 10il' Street based on the following:
1. The amendment to the conditional use would not negatively affect the health,
safety, morals, convenience, or general welfare of surrounding lands.
2. It would not affect traffic or parking conditions given the use has existed on the site
for one year and no complaints were received.
3. The amendment to the conditional use would have little or no effect on utility or
school capacities.
4. The amendment to the conditional use would have no effect on property values of
surrounding lands.
5. The amendment to the conditional use would be consistent with the Comprehensive
Plan.
Provided the following conditions are met
1. That the applicant continues to comply with the conditions of Resolution No. 88-5,
approving the master Conditional Use Permit for the site.
2. That the applicant provide for proper drainage openings or install drain tile along
the sidewalls to minimize the disruption of any existing drainage pattems within
the site due to the construction of said walls.
3. That the applicant secure any permits required by the Valley Branch Watershed
District in order to construct the proposed structures.
4. A building permit will be required for the proposed structures, and all construction
plans shall be signed by an engineer registered in the State of Minnesota.
5. That prior to any future amendments to the Conditional Use Permit the applicant
provide an updated site plan with an accurate depiction of all buildings, ranges,
fences, driveways, and other site improvements for review by the City.
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C:'(J!' Anse mien Requcv; CJakaede Cdrni Club
Planning Conirnission .ttepcnf; 5%7!i2
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 Oakdale Gun Club to amend
its existing 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 Oakdale Gun Club to
amend its existing conditional use permit based on the following findings ... (use
staff's findings provided above or cite your own)
...with the following conditions:
1. That the applicant continues to comply with the conditions of Resolution No. 88-5,
approving the master Conditional Use Permit for the site.
2. That the applicant provide for proper drainage openings or install drain tile along
the sidewalls to minimize the disruption of any existing drainage patterns within
the site due to the construction of said walls.
3. That the applicant secure any permits required by the Valley Branch Watershed
District in order to construct the proposed structures.
4. A building permit will be required for the proposed structures, and all construction
plans shall be signed by an engineer registered in the State of Minnesota.
5. That prior to any future amendments to the Conditional Use Permit the applicant
provide an updated site plan with an accurate depiction of all buildings, ranges,
fences, driveways, and other site improvements for review by the City.
cc: Rusty Williams, Black and Dew, LLC
Oakdale Gun Club, 10386 North 1011' Street
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City of Lake Elmo
DEVELOPMENT APPLICATION FORM
❑ Comprehensive Plan Amendment
❑ Zoning District Amendment
❑ Text Amendment
❑ Flood Plain C,U.P.
Conditional Use Permit
Pi Conditional Use Permit (C.U.P.)
APPLICANT:
TELEPHONES:
❑ Variance'' (See below)
❑ Minor Subdivision
❑ Lot Line Adjustment
❑ Residential Subdivision
Sketch/Concept Plan
❑ Site & Building Plan Review
(Work)
eA d
Address)
Fee $ 5C
❑ Residential Subdivision
Preliminary/Final Plat
O 01-10 Lots
O 11- 20 Lots
O 21 Lots or More
❑ Excavating & Grading Permit
❑ Appeal ❑ PUD
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cotes / - "7'17. 4 7 7
(Fax)
FEEOWNER: OPI-14-0,'aly C>Gr} C'A i1rL"'a I6 S(, 55,C)12.
(Name) a (Mailing Address) (Zip)
TELEPHONES: C9Fa�-'73�y C71 ~IJi(Y.C70( QhkK CiY It C:)t^n Cd,v jj
(Home)
(Mobile)
PROPERTY LOCATION (Address and Complete (Long) Legal Description):
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DETAILED REASON FOR REQUEST:-rre(aR�rA, NeCal s' tb e)<('
*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 firther acknowledge the fee explanation as
outlined in the application procedures and hereby alaree to pay 211 statements received from the City pertaining to
additional application eu ense.
Signature o Applicant Date Sigrn to hof Ap 11 a t Date
122/2004 City of Lake Elmo • 3800 Laverne Avonne Nm1h - Lake Chao -55042 - 651-777-5510 • Fax 651-777-9615
BLACK I DEW WHAT DO YOU WANT TO BUILD?
Oakdale Gun Club
2012 Proposed Safety Improvements
Amendment to the existing conditional use permit
T0: City of Lake Elmo Planning Commission
Purpose: To increase range safety
Location: Oakdale Gun Club
10386 10th St N
Lake Elmo, MN 55042
The proposed range improvements are designed to increase the safety of the ranges that are currently
being used. The work would include installing cementitious sidewalls to support overhead ballistic
baffling. The baffling would be installed at designed intervals to prevent any accidental discharges
passing beyond the existing bullet trap. The overhead baffling is placed at designed intervals and does
not fully enclose the range. There are no additional roofs created. The cementitious support would also
act as sidewall protection to increase range safety for adjacent ranges as well as mitigate any ricochet
potential between ranges.
• The proposed improvements do not alter or increase the drainage on or off the site.
• The range improvements do not increase the number of shooting lanes available from the
current use.
• The range improvements do not increase the sound levels leaving the existing ranges.
• The range improvements do not alter the environmental impact of the current facility.
• The ranges improvements do not alter the current vehicle traffic patterns to the site.
• The range improvements do not alter the available parking areas of the site.
The following items are included as attachments
Development Application
Location map from County GIS System
• Location map Satellite view
List of Property Owners and mailing labels
Aerial view of site highlighting shooting ranges
Site Plan showing existing structures and proposed improvements
Section detail of the proposed overhead baffling and sidewall support
www.b[ack-dew.com I P: 651.777.4900 1 2586 7th Avenue East, Suite 301 North St, Paul, MN 55109
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Lake Elmo, MN Code of Ordinances
Section
112.01
Scope
112.02
Permit
112.03
inspection
112.04
Application
112:05
Insurance
112.06
Club or organization
112.07
Construction
112.08
Warning signs
112.09
Time open signs
112.10
Hours of shooting
112.11
Shooting safety signs
112.12
Supervision
112.13
Safety rules and regulations
§ 112.01 SCOPE.
(A) This chapter shall apply to existing and future outdoor target ranges within the
city.
(B) A conditional use permit shall be required to construct, maintain, or operate an
outdoor target range.
(1997 Code, § 1305.01)
§ 112.02 PERMIT.
The conditional use permit may be rescinded, after a 2 -week notice and a public hearing,
if the Council finds that the public health, safety, or welfare is jeopardized.
(1997 Code, § 1305.02)
AmericanLegal Publishing Corp.
1
Lake Elmo, MN Code of Ordinances
§ 112.03 INSPECTION.
The range and range area shall be subjected to inspection prior to issuance of the permit
and at any other time as the Council may feel necessary without any notification.
(1997 Code, § 1305.03)
§ 112.04 APPLICATION.
(A) The individual or organization requesting a permit for the construction of a new
outdoor target range shall submit an application for the permit to the Administrator.
(B) The application shall include the following:
(1) A plan for adequate sewage treatment, a safe water supply, and the
disposal of solid wastes;
(2) A letter outlining the proposed hours of operation, range etiquette, range
rules to be posted, and provisions for emergency preparedness;
(3) A noise abatement plan;
(4) Photos of the property and all ranges and facilities;
(5) A site plan at a scale of 1 inch equals 50 feet which gives the legal
description of the property, north point, location of all ranges to scale with distances to property
lines, proposed fencing along all developed property lines; topographic information at 2 foot
intervals showing all berms, noise barriers, drainage, and elevations of buildings; location and
dimensions of all buildings, parking areas, and accesses; the type and nature of equipment to be
installed; the type of range to be constructed; and adjacent property uses; and
(6) A list of range officers in charge for the Police Department.
(C) The application will be reviewed by the Building Official, the City Engineer, the
City Administrator and the other officials or consultants as the Council may require; and their
findings and recommendations shall be forwarded to the Council and the applicant.
(1997 Code, § 1305.04) Penalty, see § 10.99
§ 112.05 INSURANCE.
American Legal Publishing Corp. 2
Lake Elmo, MN Code of Ordinances
Public liability and property damage insurance, the minimum limits of coverage to be not
less than $300,000, shall be provided. The city shall be named as an additional insured and be
furnished with evidence of the coverage_
(1997 Code, § 1305.05) Penalty, see § 10.99
§ 112.06 CLUB OR ORGANIZATION.
In the case of a club or organization, a list of officers is to be filed with the Administrator.
The Council is to be notified of any change in writing to the City Administrator.
(1997 Code, § 1305.06) Penalty, see § 10.99
§ 112.07 CONSTRUCTION.
Construction of the range shall be of a permanent nature and must meet all safety
standards as set up by the National Rifle Association. Any expansion of the range will require an
amended conditional use permit.
(1997 Code, § 1305.07) Penalty, see § 10.99
§ 112.08 WARNING SIGNS.
The entire outer area of the property for which a permit is granted shall be posted with
warning signs advising the public of possible danger. The signs shall be of a permanent nature
and posted at intervals of not less than 200 feet apart. Lettering shall be as follows:
Sign Type
Letter Size
Color
DANGER
4 inch
Red
TARGET RANGE
2 inch
Black
NO TRESPASSING
2 inch
Black
(1997 Code, § 1305.08) Penalty, see § 10.99
American Legal Publishing Corp.
Lake Elmo, MN Code of Ordinances
§ 112.09 TIME OPEN SIGN.
The entrance to the range area must be posted as to the time the range is open for public
use.
(1997 Code, § 1305.09) Penalty, see § 10.99
§ 1.12.10 HOURS OF SHOOTING.
A firearm may not be discharged prior to 8:00 a.m. and not after 1/2 hour before dusk of
each day or at any other time that for any reason whatsoever would create a danger either to the
general public or users of the range.
(1997 Code, § 1305.10) Penalty, see § 10.99
§ 112.11 SHOOTING SAFETY SIGNS.
A sign shall be displayed abthe entrance to the range area and at each firing point stating
club rules and N.R.A. rules for range and gun safety.
(1997 Code, § 1305.11) Penalty, see § 10.99
§ 112.12 SUPERVISION.
(A) Position of supervision. When arange is open to the public, there is to be a
minimum of 1 qualified range supervisor in charge at all times during the operation of a range. A
holder of a firearm safety instructor certificate of the Minnesota Department of Natural
Resources or an N.R.A. firearms instruction certificate or having completed a range safety
program inspected and endorsed by the D.N.R., shall constitute a qualified supervisor.
(B) Persons under age 18. No one under the age of 18 years old shall be on the range,
unless:
(1) Participating in a firearm safety training program;
(2) Accompanied by responsible adult; and/or
(3) That person has received thorough indoctrination in range safety
American Legal Publishing Corp. 4
Lake Elmo, MN Code of Ordinances
procedures and range etiquette, if pulling targets.
(1997 Code, § 1305.12) Penalty, see § 10.99
§ 112.13 SAFETY RULES AND REGULATIONS.
All target ranges shall follow reasonable safety procedures. Prima facie evidence of
reasonable safety procedures shall be those procedures set forth in the National Rifle Association
Manual.
(1997 Code, § 1305.13) Penalty, see § 10.99
American Legal Publishing Corp.
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RESOLUTION 89-5
CITY OF LAKE EL'MO
WASHINGTONCOUNTY, MINNESOTA
A RESOLUTION GRANTING A CONDITIONAL USE PERMIT TO OAKDALE GUN
CLUB FOR OUTDOOR TARGET RANGE IN THE AGRICULTURAL ZONING DISTRICT
WHET~ AS, Oakdale Gun Club has applied for a Conditional Use
Permit for an Outdoor Target Range on SE1/4 of SWI/4 of Section
26,T29,R21, subject to easement, located at 10386 North 10th Street in
the City of Lake: Elmo, and has submitted all required information and
fees for the application for such permit; and,
WHMAS, Section 301.070 D.b. of the Municipal Code of Lake
Elmo requires a Conditional Use Permit to operate an Outdoor Target
Range in the City of Lake Elmo, and,
WHEREAS, Section 1300 of the ZONING ORDINANCE of the
Municipal Code of Lake Elmo sets forth the conditions under which said
permit may be granted and such use permitted; and
WHEREAS, the applicant meets or exceeds all the conditions
set forth above.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Lake Elmo,
THAT, the Conditional Use Ike.rmit for Outdoor 'target Range at
10386 10th: Street North, Lake Elmo, Minnesota is hereby granted. to
Oakdale Gun Club, subject to the following conditions:
1. Fencing,
a, Additional fencing, if any, along, the north border
(common. border with County Park) to be accomplished
per agreement between Club and County Director of
Planning.
b. F•encinq along east and west borders to be accomplished
if and when adjacent properties are developed to the.
extent that fencing is necessary. A determination as
to when the adj4terit properties are sufficiently
developed to require fenejng will be made at the time
of permit renewal in future years.
2. Weapons on the shotgun range shall be limited to fine shot
(#6 shot) on the shotgun range,
3. There will be no expansipA at the prea.ent location without
an abatement to this , :,ermit...
4. The names of lead range officers and a schedule of events
with the officer in charge shall be provided to. the
Washington county Sheriff.
This Conditional use Permit will be reviewed on an annual basis, and
may be zesc.inded, after a 2 week notice and a public hearing, if the
City Council finds that the public health, safety, or welfare is
jeopardized.
the City
Attest:
ADOPTED, this 5th day of January 19.68, by the City Council of
of Lake Elmo, Washington County, Minnesota.
Signed
Arlvn Inhrist, Mayor
Warren E. Peterson
Jerome P. Filla
Daniel Witt Flam
„ienn A. Bergman
John Michael Miller
Michael T Oberle
Steven H. Bruns -
Paul W. Fahning"
Sonja R. Ortiz
Amy K. L. Schmidt
Ben I. Rust
lured M. Goerlia
room
•
1 : �
.PROFESS IDNAL ASSOCIAT10N
February 28, 2008
Kyle Klatt
Planning Director
City of Lake Elmo
3800 Laverne Ave. North
Lake Elmo, MN 55042
RE: Shooting Range Regulations
Kyle:
Suite 800
55 East Fifth Street
St. Paul, MN 55101-1718
(651) 291-8955
(6511228-1753 facsimile
www,pfb-pa.com
1651)290-6907
ifillann ofb-ea Com
The City has regulations which are applicable to target ranges (Lake Elmo Code
1305), nuisances (Lake Elmo Code 1335), and noise emissions (Lake Elmo Code
i
1370). All of these regulations were adopted prior to May of 2008.
The Minnesota Shooting Range Protection Act (Minnesota Statutes Chapter 87A)
became effective on May 28, 2005 and includes shooting range performance
standards. Except as hereinafter provided, if a shooting range is in compliance with
the State's performance standards, the City must permit shooting ranges to do the
following (M.S. 87A.03, Subd. 1):
1. Operate the range and conduct activities involving the discharge of
firearms.
2. Expand or increase its membership or opportunities for public
participation related to primary activity as a shooting range.
3. Make those repairs or improvements desirable to meet or exceed
requirements of shooting range standards.
4. Increase events and activities related to the primary activity as a
shooting range.
5. Conduct shooting activities and discharge of fire arms daily between
7:00 a.m. and 10:00 p.m. A local unit of government with zoning
jurisdiction over a shooting range may extend the hours of operation
by issuance of a special or conditional use permit,
6. Acquire additional land to be used for buffer zones or noise mitigation
efforts or to otherwise comply with State Regulations.
'ALSO ADMITTED IN WISCONSIN
Kyle Klatt
February 28, 2008
Page 2
If, on May 28, 2005, the City's shooting range standards relating to days and hours
of operation were more restrictive than those adopted by Minnesota Statutes Chapter
87A, the more restrictive local standards would apply. Lake Elmo standards permit
the discharge of firearms daily between 8:00 a.m, and '/z hour before dusk. The
State Regulations would allow discharge of firearms daily between 7:00 a.m. and
10:00 p.m. In this case, the City's standard for time of discharge of firearm would
apply because the standard was in effect on May 28, 2005 and is more restrictive.
Future amendments to the City's Standard for shooting ranges must be consistent
with the provisions of Minnesota Statutes Chapter 87A.
If you have any questions, please contact me.
Very
J PF/jmt
Minnesota's
WITAXATM
FAQ Sheet, House research Hill Summary, and. 2005 Chapter 105
(Revised 09-21-2005)
What is the intent of. Chapter 87A?
To provide shooting ranges with the ability to maintain their operating capacity, if local opposition to an
existing shooting range facility arises.
What types of facilities are intended to be covered or protected in Chapter 87A?
Firearms and archery shooting facilities, to include licensed shooting preserves.
Related to those types of facilities, what are the key elements that this law addresses?
That shooting ranges are safely operating, meaning they keep all projectiles (i.e., bullets, pellets and
arrows) within their facility boundaries, they keep sound levels generated on the range to an acceptable
level, and they operate within a reasonable set of hours. If these are precepts are violated, the range has
the opportunity to correct their problems within an acceptable time frame.
Roes Chapter 87A take precedence over existing local ordinances, rules, regulations, or operating
restrictions for shooting ranges or preserves?
No. Any pre-existing conditional use permit, special use permit, operating hours restrictions, covenants
or other performance related requirements set in existence by local units of government with legal
jurisdiction over a shooting range are to be maintained. In the meantime, if no pre-existing operating
hours are in place for a range, they.are...now,_based-on-the State's Sound Rule (Minnesota Rules, Chapter
7030): .
Chapter 87A references "Performance Standards". What are these?
Primarily, the Performance Standards refer to considerations that need to be taken to ensure the safe
operation of a shooting range. The National Rifle Association (NRA) has produced a set of guidelines or
recommendations for constructing and operating various shooting ranges. These are contained in the
1999 edition of The Ranee Source Book: A Guide to Planning and Construction. The NRA uses this
document as a reference and teaching tool when they conduct their Range Development and Operations
classes throughout the United States. Chapter 87A establishes that, until the DNR adopts permanent
performance standards through formal rulemaking processes, this document will be an interim set of
standards for safe range operations. This source book is available online from the NRA headquarters at
www.nrahq.org/shootingrange/sourcebook asp.
When will fmal Performance Standards be established by the DNR?
DNR has been given the responsibility to formally adopt Shooting Range Performance Standards, using
the expedited rulemaking process, as defined in State statute.
These Rules will take into account the interim performance standards, and any additional information that is relevan
Chapter 87A.
Will -all shooting ranges need to be built to the same level or degree?
No. The performance standards arexecommendations, and are site specific. In urban or suburban
settings, more people can be affected by an operating shooting range. In these settings, where projectile
containment is absolutely necessary, all safeguards necessary must be taken to ensure that all bullets
shot on the range stay on the range property. This concept should be also used as the basis for any. range
that is built, but the number of required safeguards installed will likely be fewer in a more rural setting. .
Sound containment must also be. installed that will make sure the range in compliance with Chapter
87A. These will also vary, based on the level of local population density.
The Game and Fish Laws of Minnesota restrict the discharge of a firearm to 500 or more feet
away from a residence while hunting, unless permission is granted to be closer. Does this standard
apply under Chapter 87A?
No. Shooting ranges and preserves are allowed to have bows and firearms discharged within their
boundaries, provided that all projectiles remain on the shooting range. The difference here is that the
Game and Fish laws refer only to hunting situations on private lands.
Chapter 87A references a range operation becoming a nonconforming use. What does this mean?
Local zoning definitions governing land uses are subj tot to change, due to land use changes such as
residential development. If local zoning changes take place that make a shooting range a nonconforming
use where it had previously been allowed to operate, the range operator has the ability to improve the
safety and sound "conditions of the range, in order to maintain and continue the operation of the range.
Should shooting range operators be concerned that a law pertaining to shooting ranges is now in
effect?
No, not at all. Shooting range operators in Minnesota are allowed to maintain the operation of their
facilities, provided they are operated safely, conform to sound level standards, and maintain reasonable
operating hours. Most shooting ranges are set in relatively rural and undeveloped land areas. Nothing in
Chapter 87A will negatively affect these ranges. Instead, when other development occurs on adjacent
land, the range will be given the opportunity to continue operating; and not be subject to closure due to
that change.
If neighbors do live near a shooting range, there is now a defined process in place that will allow the
range operators to determine if a problem does exist, and allow them to take steps to address those
concerns. What Chapter 87A does is help the shooting range operation be a "good neighbor", tatting into
consideration the safety, sound, and operating hours in effect on a given shooting range.
What does the "mitigation area" in Section 87AA4 intended to address?
Sound or noise generated by a shooting range, and its impact on neighboring land use. By their very
nature of use, shooting ranges generate sound. If a range has development (usually pertaining to one or
more residence) within 750 feet of its perimeter, that was planned, approved and/or built before October
1, 2005, it is the range operator's responsibility to take steps to ensure that the sound levels reaching
neighboring land be, within the sound standard limits defined in Chapter 87A. After October 1, 2005,
any new development within 750 feet of a shooting range's perimeter will be responsible to pre -plan and
install its own sound mitigating devices to keep a range compliant with the sound. standards.
In the event that the sound coming off a shooting range is bothersome to a neighboring residence; ideally
the range operators and neighbor would be willing to work together, both before and after October 1,
2005, to minimize the sound levels arriving at the neighboring property. This can be achieved through a
variety of means, including installing one or more sound berms, walls to deflect sound, one or more
firingline enclosures, shooting tubes, and vegetative barriers that can further absorb and/or deflect
sound.
What is a brief explanation of the Noise Standard referenced in Chapter 87A?
The noise level referenced in the shooting range law refers to measuring the sound level over an hour's
time at a neighboring property that is receiving the sound generated at a range, to determine a "steady
state" level of sound, which is referred to as the Leq(h). This steady state cannot exceed 63 decibels
(dBA), and will include the sound generated by the range, along with all other sounds generated and
recorded at that [sound] receiving location. Collectively, this will include gunshots, and all other
ambient noise. Specific sound measurement methodology, including procedure, equipment, etc., is
defined in. Minnesota Rules, Section 7300.0060.
What is an obvious activity that can be defined as a "clear and present danger" at a shooting
range?
As stated before, one of the main objectives of the Shooting Range Protection Act is to make sure all
projectiles shot at a range stay on the property of the range. Any arrows, pellets, or bullets that leave a
range's property could cause harm or injury to others not on the shooting range. This would at least
constitute a trespass, and should not, under any circumstances, knowingly be allowed to take place.
Whether or not a correctable danger exists could be an issue to be decided in a court of law.
If one portion of a shooting range is deemed to be a safety hazard, does an entire shooting range
have to close?
Not unless a court finds that an entire range would pose a safety hazard, and can't be remedially
improved or repaired.