HomeMy WebLinkAbout05-11-81 PZMLAKE ELMO PLANNING COMMISSION MEETING, MAY 11, 1981
Chairman Michels called the meeting to order at 8:00 p.m.
ROLL CALL: Gifford, Lundquist, Prince and Moe. Also, Administrator
Whittaker and City Planner, Rob Chelseth.
MINUTES: April 13, 1981 -
Prince moved, seconded by Gifford, to approve the
minutes of April 13. Motion carried 4-0-1.
April 27, 1981 -
Prince moved, seconded by Gifford, to approve the
minutes of April 27,. iMotion carried 4-0-1. Moe
abstained.
CONSERVANCY REGULATION PUBLIC HEARING: Chairman Michels called the
hearing to order at 8:13 p.m.
The Administrator responded to the questions on the
soil type listing, ordinance over -lap, and planned
urban development areas.
He stated that the areas where the soil type is not
listed there are no limitations and are not regulated
by the Ordinance. Rob Chelseth explained that only
areas with severe restrictions are included. These are
indicated in red on^=the-s®2rtmap-. --The- gold and, white areas
are not regulated_. The red areas indicate possible
building restrictions. Chelseth noted that both blue
areas on the wetland map are covered under the wetland
regulation.
Whittaker said that when the two ordinances over -lap
with shorland or flood plain regulations, the more
restrictive ordinance will be enforced. A clause to
this effect will be included in the ordinance.
In areas where urban development is planned, the ordinance
does not provide for less restrictive application. Modi-
fication or adjustmest may be permitted after review of
the restricted area.
Gifford asked about the lack of restrictive area around
Lake Elmo noting the large areas around the Tri-Lakes.
Chelseth said the Lake Elmo area was taken from the
Washington County Soil Survey Map. Urban areas, such
as the area around Lake Elmo are classified general urban
soil.
Martin Ziebel Soil Conservation Service, explained how
the soil characteristics are determined, and why the Old
Village area is not included on the map. He said this
does not mean there will not be problems in the Old
Village area. Chelseth said that in existing zoned
urbanized areas the City would have to rely on the septic
system code to regulate areas like the Old Village.
The mapping and the ordinance pertain more to undeveloped
areas.
LAKE ELMO PLANNING COMMISSION MEETING, MAY 11, 1981 -2-
CONSERVENCY ORDINANCE: Mr, Zibel said the cost of an identification
study has been reduced and recommended that the City
reconsider classification mapping of the wetlands. This
would be more specific and would identify the particular
characteristics of each wetland. The cost of this clas-
sification could be charged back to the property developers
on a per acre basis.
Michels restated concerns expressed by Bob Dreher on
restricting wetland areas in planned urban areas, such as
Section 32. Whittaker suggested possibly studying only
Section 32 or just the urbanized areas indicated in the
Comp Plan.
The Administrator gave Prince a breakdown of procedure for
a development request in Section 32. Prince feels it
would be difficult for the Planning Commission or Council
to make a determination on an areas significance or if
it should be retained, unless an expertv.made a judgement.
Mr.Ziebel advocated a study for the entire City, not just
certain sections.
Michaels asked if the study would recommend and designate
ponding areas. Mr.Ziebel said the study would recommend
areas that should be designated for ponding. Location
of on -site ponding areas would be reviewed with requests
for relocation or filling.
Whittaker said the current ordinance does not adequately
address protection of natural wetland areas. The proposed
ordinance will provide for a review to determine the
effect on the land and drainage. The ordinance is an
intervening step between rezoning and subdivision. It,'
will notify the developer that certain areas need review.
Section 32 is, basically, a wetland area and additional
engineering may be necessary for development of the area.
Audience Comments:
Dorothy Lyons asked about the advantages of this ordinance
to the property owners and what the tax reduction on
restricted property would be. .1.She also asked if swampy
ponding areas can be restructured or cleaned out.
To answer the tax question, Chelseth said the development
on these soils is already restricted by its composition,
the overlay will not blanketly prohibit development in
these areas. Development may still occur; and filling may
be permitted. This does not remove the rights of the
property owners.
The benefits to the property owners are to the benefit of
the public by providing a system of evaluating and managing
natural storm water systems so that they are not over-
burdened or destroyed.
LAKE ELMO PLANNING COMMISSION MEETING, MAY 11, 1981 -3-
CONVERSENCY: Lyons agreed with retaining the ponding areas; but
asked if the appearance of swampy areas could be improved,
if desired.
Chelseth said some ponding areas may be consolidated with
other areas serving the ponding needs. Individual decisions
will have to be made.
Mr. Ziebelbriefly reviwed the County Tax Reduction Program
for wetlands. Whittaker said tax reduction is not an at-
traction for this ordinance. The ordinance is a necessity
regardless of any tax break .
Lyons asked about relief for property owners who have paid
for sewer assessments. She feels this should be considered.
Whittaker said this will be discussed and reviewed when a
proposal comes in.
Chairman Michels closed the hearing at 8:50 p.m.
The Commission agreed to table making a recommendation until
later in the meeting.
RICHERT SIMPLE LOT DIVISION: Chairman Michels opened the hearing at
9:00 p.m.
The Planning Commission reviewed the plan and Administrator
Whittaker explained the proposal. Schaefer Mining is pur-
chasing 66 acres from Mrs. Lydia Richert. The proposal is
to legally divide out 10 acres for Lydia Richert and 4 acres
for Mrs. Wilter Richert. Both Richert parcels are homesites.
Audience comments were directed at future use of the Schaefer
parcel.
Chairman Michels closed the hearing at 9:07 p'.m.
Prince moved, seconded by Moe, to recommend approving a
Simple Lot Division of N _1/2 of NE c-1/-4". Sec 16, P.krceh A- conta-fining
66 acres, Parcel B. containing 10 acres, and Parcel C.
containing 4 acres.
LAKE ELMO PLANNING COMMISSION MEETING, MAY 11, 1981 -4-
FRIEND VACATION OF SLOPE EASEMENT:
Administrator Whittaker reviewed the request to vacate the
slope easement along the north side of 45th Street at Jane
Road. The easement was reserved when 45th Street was
constructed.
James Friend,9498 Jane Road, is proposing to construct a
garage on the south side of his home within the easement.
The City Engineer reviewed the area and determined that
the easement is not needed for future improvement of 45th
Street and recommended that the easement be vacated.
Mr. Friend said placing the garage on the north side of
the home would require removing sevaral mature oak trees and would,
also require relocating and removing the present driveway
at a substantial expense.
Whittaker noted that because the lot is on a corner a variance
from the side lot setback will be 'necessary. The Code
requires a 25 ft. sidelot set back and the Friend garage will
be 20 ft. This will still leave adequate land for road
improvements.
Gifford moved, seconded by Lundquist, to recommend approval
of the slope easement vacation along Lot 2, Block 1, Dawcin
Acres, for James Friend. Motion carried 5-0.
The Council will review the variance request.
KANOWITZ SIMPLE LOT DIVISION AND EASEMENT VACATION: John DeVries re-
quested a simple lot division for Lot 6, Block 2, Demontreville
Highlands 4th Addition and vacation of the drainage and utility
easement on Lot 5and 6, Block 2, Demontreville Highlands
4th Addition. Mr. DeVries was the contractor for the house
on Lot 5 where the garage encroaches onto Lot 6.
The Commission reviewed the map indicating the proposed re-
alignment of the property lines and discussed how the problem
developed. Mr. DeVries indicated that this transaction is
agreeable with both property owners.
Lundquist asked if the drainage easement was part of the
drainage plan for the development, and recommended it
straddle the new property line, if necessary.
The Administrator will have the Engineer look at the site and
make a recommendation on the drainage easement. The Commission
agreed that the easement question should be resolved if the
Engineer determines it is a part of the developments drainage
plan.
Prince moved, seconded by Gifford, to recommend approval of
a Simple Lot Division for Lot 6, Block 2, Demontreville
Highlands 4th Additions and vacation of the utility and
drainage -easement for Lot 5, Block 2, Demontreville Highlands
4th Addition subject to review and recommendation by the
City Engineer. Motion carried 5-0.
LAKE ELMO PLANNING COMMISSION MEETING, MAY 11, 1981 -5-
CONSERVENCY REGULATION: The Administrator reviewed the additional
changes recommended by Martin Ziebel.
The Commission discussed delaying action on a recommendation
until more Commission members were present; but, decided that
it was too long an interim between meetings.
Prince moved, seconded by Gifford, to recommend approval of
the Conservency Ordinance, as amended, Section 305 and 306 of
the Zoning Ordinance. Motion carried 5-0.
Lundquist moved, seconded by Prince, to recommend that the
City Council evaluate the cost of a wetland study through
Martin Ziebel, and, if deemed cost effective, initiate the
study. Motion carried 5-0.
MISCELLANEOUS BUSINESS:
A. Pepin Rezoning - The Administrator reported that the present
use in the Pepin building would fall more under industial use
rather than General Business, therefore, an Industrial zoning
would be more appropriate. The Commission agreed that the
building should be zoned for present use, Industrial. The
hearing notice will indicate the zoning as Industrial.
B. Sunfish Lake Flood Elevation Hearing- The Administrator
reviewed the-Counc-i-1's-a-ction—to--amend—the—f-lood elevation on
Sunfish Lake, changing the building elevation from 900 to 903;
and requested the Commission' set a public hearing.
Michels moved, seconded by Gifford, to hold a public hearing
June 8, 1981, at 8 p.m. on the Sunfish Lake building elevation.
Motion carried 5-0.
C. Ag Zoning Problems - Number of Buildings, Size, Lot Size
Tabled until June 8.
D. Highway 36 Corridor - Lundquist feels it would be beneficial
to clarify' what uses would be permitted along the corridors as
long as the City has already permitted some. The Commission
generally agreed to defer additional discussion or consideration
of the 36 Corridor until there is a change in the Comp Plan.
E. Other - Bergman's Greenhouse - The Building Inspector will
check their Special Use Permit and verify if the use has expanded.
Rossow Building - The City will initiate legal proceedings to
have the structure removed.
CLEAN-UP DAYS: Gifford reported on the volume of people utilizing
Clean -Up Days, to the point that many Lake Elmo residents were
unable to take advantage of the service. She said several North
St. Paul residents took advantage of Lake Elmo's free service
because their community charged a fee. She recommended a change
in procedure or a possible fee for future Clean -Up Days.
The Administrator said the Council is aware of the situation
and will address the problem before the next clean-up.
LAKE ELMO PLANNING COMMISSION MEETING, MAY 11, 1981 -6-
KROY INDUSTRIES: Dorothy Lyons asked for an up -date on the Kroy
Industry project. She feels the traffic problem is very
critical to Lake Elmo and should be throughly reviewed. The
Administrator said that the Engineer reviewed the traffic
projections and had not found reason to raise questions
about the freeway interchange.
ADJOURNMENT: 10:30 p.m.,
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CITY OF
LAKE
.14,ELMO -
City of Lake Elmo
777-5510
P. 0. Box J / Thirty-third and Laverne Avenue / Lake Elmo, Minnesota 55042
AGENDA
LakeElmo Planning Commission
May 11, 1981
8:00 P.M. --Meeting convenes
Minutes, April 13, April 27
Hearing --Conservancy regulations
8:45 P.M.--Hearing---Richert Simple Lot Division
--Friend---Vacation of slope easement
- -Kanowitz--Simple Lot and easement vacation
- -Miscellaneous Business
A. Pepin rezoning
B. Problems Ag Zoning, limit f and size
of buildings and/or redefine Ag
C. Hwy. 36 corridor
D. 0ther
NOTICE: There will not be another Planning Commission
Meeting in May as the next one falls on the
Memorial Day Holiday.
Next meeting will be June 8, 1981.