HomeMy WebLinkAbout12-10-79 PZMCITY OF LAKE ELMO PLANNING COMMISSION DECEMFwaf 10 1979
Vice Chairman Murphy convened the meeting at 7:30 p-.m._
POLL CALL: Crombie, Prince, Dreher, Lundquist, Curran. Absent:. Moris,
Novak and Michels
CIMARPON PEZONTNf: Stephan Taylor, representing Cimarron, reviewed their
request for rezoning of Tract 1&2 at the corner of County 17
and County 70., They are asking for General Business and/or
Convenience Business. These tracts are presently zoned for
current use, R-3. The owners have chosen to go through the
rezoning process, rather than ask the City to reevaluate
the change in zoning which was Commercial before the new
Zoning Ordinance was adopted. They feel the change in
zoning from Commercial to R-3 was a mistake. They ask
assurance from the City that the rezoning process will not
take the maximum time, 7 months, and expedite this request
so construction can begin. A convenience store, Brook's
Superette, and self—service gas pumps are proposed. Tract
2 will have to be zoned GB in order to provide for the
liquor establishment in the clubhouse. The Administrator advised Mr. Taylor that the Council could
act at the second meeting in January if the following items
were 2 orders a legal de,c ; do of the property ,p be
rezoned, and a legaescri tion or he property remaining
after subdivision; a site plan,; proof of ownership;
notification of any soil limitations on the parcel; a list
of property owners within 350 ft., and resolution of any
additional problems raised at the public hearing.
Cimarron is selling Tract 1 (.85A) to Brook's and will
retain ownership of Tract 2. A sewer line will be provided
to Tract 1. Tract 2 must be zoned' GB $,Tract 1 can be
zoned either GB or CB.
Mr. Bob Fores, representing Brook's, reviewed the site
plan, location of the store and gas pumps, and indicated
the location of two other buildings proposed for a future
date. The superette will contain approximately 2500 sq. ft
The building will face away from Cimarron with access off
of County 70. Drive through access is provided.
Prince and Curran prefer Tract 1 be zoned CB. Sale of
gasoline is a permitted accessory use in this zone. They
feel the intent of the Comp Plan was to provide a convenience
grocery store in this area, and not all the permitted uses
allowed in GB. Mr. Taylor stated he may also prefer the
CB designation to avoid possible conflict with on —sale
liquor.
Lundquist questioned the Code provision for a 35 ft. pro-
tective strip between business areas and residential areas.
This may be required to the east of Tract 1. If this is
required any future buildings to the east may not be allowed.
The Commission suggested Mr. Fores apply for approval of
the complete development now and build the structures in
phases. Another alternative would be to redesign the
location of the buildings.
PLANNING COMMISSION, DECEMBER 10, 1979 —2—
CIMARRON: Mr. Taylor will meet with the buyers and determine the
type of zoning they want for Tract 1; and work out the
location of the buildings including the proposed future
structures. The superette and gas pumps as proposed meets
all the set —back requirements
The Planning Commission recommended Mr. Taylor zone Tract 1
CB (convenience business) and Tract 2 GB (general business)
Mr. Taylor will bring in all information before the hearing.
LANES BEMONTREVILLE COUNTRY CLUB: The Planning Commission decided that the lots
that are built on in Lanes Demontreville Country Club will
be used to determine the average lot size. The formula will
be 90% of the average of built on lots.
KLATTKE SUBDIVISION: At the last meeting the Planning Commission questioned
whether Mr. Klatkes' deed'included'the bai3ement .rights to
the private road that services his home. The deed shows his
easement rights on both sides of the private road.
Mr. Klatke wants to subdivide his 3A parcel in two and will
need variances for building on a private road; a sub —standard
lot size (the dimensions of the lot include aY30•ft;-easement
on'Jamaca and a 33 ft. easement for the private road); and
a variance for the off —set between the private road and 3(th St.
The Administrator reviewed the variances. 1) A variance and
a maintenance,agreement-are required.before a home can be
built on a private road. 2) The Ordinance states the minimum
lot size is 13A in R-1, The lot size is fipured exclusive of
street right—of—way or easements. The City Attorney said
in the past parcel descriptions to the denter of the road
have been accepted; and it is his opinion the Klatke easements
can he included in the lot dimensions, The Administrator
said there is no hardship of the land, and by granting such
a variance the City is platting a non —conforming lot.
3) The Ordinance requires a 150 ft, distance between two roads
exciting onto a common road. This permits adequate turning
area for, each road. Ite Engineer will have to determine if
the line of sight and the turning radius for, these two streets
meets the safety standards.
Mr. Klatke suggested dividing the property so that the rear
lot would have a full l*A and the front parcel would have
about lA excluding the 33 ft. Jamaca right—of—way.
Prince moved, seconded by Curran, to recommend approval of
the Klatke subdivision and the following variances:
1) A variance for lot size, with the back lot (to the east)
being a full 1*A. The front lot would less than 1*A excluding
the right—of—way on Jamaoa. Both lots include the private
road easement footage to the north.
2) A variance to allow a home to he built on a private road.
The owner must sign a maintenance agreement with the City to
maintain the road. for emergency vehicles.
3) A variance from the 150 ft. off —set between 3(th Street
and the private road.
PLANNING COMMISSION, DECEMBER 10, 1979 —3—
KLATKE SUBDIVISION: Discussion: Curran recommended including the stipulation
that the private road not be continued to the east to provide
access to 'the property behind Klatke; and, the owner agree
to dedicate the street and provide the necessary easements
for construction of a oul—d—sac if the City develops the
street. Commission agreed.
MINUTES:
Motion carried 3-2-1 Dreher and Crombie voting nay, Lundquist
abstained.
Dreher was in favor of the proposal, but is opposed to the
restrictions on the private road and the cul—d—sae.
Crombie is opposed to creating building• sites on private roads
and feels the new Ordinance is the place to restrict them.
Lundquist questions the jog in the alignment between 36th Street
and the private road.
Dreher moved, seconded by Curran to approve the minutes of
November 26, 1979 as written. Motion carried 4-0. Prince
and Murphy abstaining.
Commissioner Prince was excused at 9:20 p.m.
SIGN ORDINANCE: Commission recommendations to the Council due at the next
meeting.
ADJOURNMENT: 9:35 p.m.
(
au of tabs gets
P.O. Box J
Thirty-third and Laverne Avenue
Lake Elmo, Minnesota 55042
777-5510
AGENDA
PLANNING COMMISSION
December 10, 1979
This will be the only meeting in the month of
December for the Planning Commission.
7:00 P.M. -- Early rap session on
non -conforming lots
7:30 P,M. -- Meeting convenes
-- Minutes
-- Cimarron --Rezoning request
Lot size --Lanes Demontreville
Country Club
Klatke Subdivision
-- Variance procedures--Deneen Variance
-- Other procedures that involve the
Planning Commission
--- Subdivision Ordinance changes
review after Preliminary Plat
-- Sign Ordinance
-- Other-