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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-