HomeMy WebLinkAbout10-11-82 PZMLAKE ELMO PLANNING COMMISSION MEETING, OCTOBER 11, 1982
Vice Chairman Prince convened the meeting at 7:30 P.M.
PRESENT: Commissioners Dreher, Lyall, Mazzara, Nazarian, Lundquist,
Gifford and Moe (7:40). Also, Administrator Whittaker.
1. MINUTES - SEPTEMBER 27, 1982:
Corrections - Amend the order of Commissioner arrivals -
(Beehearrived) (Lundquist arrived); (Pp aee arrived)
(Dreher arrived); and (BaedquAsl-arrived)(Prince arrived).
M/S/P Dreher/Nazarian to accept the minutes of September 27, 1982,
as amended. Carried 7-0.
ANNOUNCEMENTS:
-- A catalog of planning book% thatvan be ordered from the.
American Planning Associatioq.'is-available in the City Office.
-- The revised handbook on local and regional planning,from
the League of Minnesota Cities, is available in the City Office.
4. HEARING CONFIRMATIONS:
A. Orchard/Sinclair Application for Simple Lot Subdivision -
--Whittaker breifly explained the Orcliard%Sinciair request
to subdivide a lot from the Elizabeth Orchard property,
in Lanes Demontreville, Patrick Sinclair is the -prospective
buyer of the new lot.
--Patrick Sinclair - outlined the area owned by Mrs. Orchard.
The lot being purchased (the proposed new 1otl is .83A. This
.83A lot was purchased four years after Mrs. Orchard purchased
her .house. This was a seperate piece of property before she
bought it, The Orchard house is on 1.28 A.
--Gifford - clarified the total land area -the area with the
house and the proposed new lot - is about 2A.
--Whittaker - present Ordinance requires the property owner.to
retain the required 1 1/2 acre minimum. in this subdivision
neither parcel would have the required 1 1/2A. -
--Prince - questioned why this -is a simple lot subdivision.
--Whittaker - because, platted lots are being subdivided. The
lots on the south side of the property are not laid out the
way the property owner wants them subdivided, Even though
they were purchased this way, they were never approved.
There is no record at the County, on a plat map, that states
the .83A is an approved subdivision. Also, if this subdivision
is approved, it acknowledges that Mrs. Orchard has a
parcel of less than 1 1/2A and creates or maintains a
second parcel of less than 1 1/2. They are adjacent to each
othergnd have one owner
--Sinclair - submitted copies of lot sizes of adjacent properties.
The average lbt-is-.67 A. Mrs. Orchard hasthelargest-lot
out of 10 lots - Butzer's, directly south of Orchard, has
1.18A, the second largest lot - the Sinclair lot (proposed lot)
is third largest at .83.
M/S/P Mazzara/Dreher to call a public hearing for the Orchard/
Sinclair Simple Lot Subdivision for October 25, at 7:45 P.M.
Carried 8-0.
LAKE ELMO PLANNING COMMISSION MEETING, OCTOBER 11, 1982 -2-
2. PUBLIC HEARING - REAPPLICATION FOR CUP AND VARIANCE FOR ADVERTISING
SIGN FOR MARLIN RYGH:
Chairman Prince opened the public hearing at 7:50 p.m.
Marlin Rygh offered the fcillowing comments for his reapplication:
--Referred the Commission to correspondence from Adhouse
Communications relating to outdoor billboards; and,
from Mn/DOT on the status of the billboards on T.H. 21.
Based on the above referenced material, has determined that
the size of the sign can be reduced to conform with the 200'
maximum size;, and, the 3,000 ft. distance requirement is not
as much of a problem since 20 of the 22 existing signs are
coming down. The proposed sign is permitted by the State
as the property is zoned commercial and within State requirements
for a billboard.
--Lundquist - the signs eligible to remain are outside of the
right-of-way limts and advertise the businesses they are in
front of.
--Whittaker - Mn/DOT permits signs 500 ft. apart if they are on
commercial property; but, City Ordinance prevails. Vali-Hi
Drive In presently has a sign that will conform to Mn/DOT's
standards and the City's. It may not.conform as to size and
shape today, but it should within 5 years (5 years from when
the Ordinance was passed). Basically, there will,most likely,
be a sign there. Question is do you permit an advertising
sign within 500' of the Vali-Hi business sign. The area from
Suburban Bus (Regan) to Vali-Hi is zoned commercial. Key issue
is that the proposed Rygh sign will be less than 3,000' from the
next closest sign. Another question is when are the 20 signs
going to be taken down. Mn/DOT letter implies sometime in late
1984.
--Mr. Regan - St. Paul suburban Bus - asked where the Rygh sign
will be in relation to the Vali-Hi sign.
--Whittaker - based on the survey, about 500 ft., from the Vali-Hi
sign.
--Mr. Regan - as one of the larger tract owners in that area, St,
Paul Suburban Bus would request this proposal not be granted --
the requested variance from the Ordinance, and enforce the
present ordinance until the configuration of the service lane
is finalized. The bus company is considering putting up a
sign; but, until their negotiations_with Mri/DOT-are completed
not sure where they will be located. Presently planning on
staying in this location. Objection is based on the bus companies
future plans.
--Prince - still holds the same position from the last time this
was before the Commission, that being that the request is in
conflict with the Ordinance provision requiring 3,000 ft. between
advertising signs. No new strong arguments to support the
request.
--Rygh - this property was bought for an office site - even though
would not have an office there does not mean that exposure is not
needed there. Has owned the land since before the Ordinance was
adopted - feels has a just use for it. Comparing apples to
oranges in saying that if there is a building, it would get two
signs of different sizes; but, if comparing property without a
building, saying that property cannot have a sign of any kind.
Only want to use the property for the purpose it was bought for
and intended to use it for.
LAKE ELMO PLANNING COMMISSION, OCTOBER 11, 1982 -3-
2. PUBLIC HEARING - MARLIN RYGH CONTINUED:
--Lyall - restated previous position- at the last consideration
of this request, you agreed that bought the land for a purpose,
sold it to the State, and got a fair price.
--Rygh - disagreed that he got a fair price for all the property -
as he has much of it left. (.29 acres are left)
--Lyall - feels this was a deal made with the State, fair compensation
was made, have a parcel left that would like to takeadvantage
of; but, it isn't the business of the PZC to help an individual
make money or lose money. We can only sustain our Ordinances.
As a consequence, you establish a sign. without any business
being located there, that is inconsistant with the Ordinance.
Also, have no assurance once the sign would be established that
it would continually have Realty World advertised. -
Basing his position and decision on belief that no hardship
has been established to support the variance.
--Rygh - again, comparing apples to pears when comparing business
signs and billboards together. Would permit many business'on
small parcels to have business signs that could be from 50'to 150'
apart, yet, deny a sign ,to.a parcel that is 150! wide just
because there is no business there. Does not need another
building, but needs the sign, and has the property to install
it on.
--Whittaker - the issue is that this advertising sign does not
conform to the Ordinance. The Ordinance clearly states that
advertising sign's (billboards) cannot be within 3,000 feet of
another sign. This is to avoid a proliferation of signs along
the highway. Business signs would not be 200 sq, ft.
--Rygh - considers this a business sign.
--Whittaker - The Commission has to act on the present Ordinance.
Have to decide within that Ordinance Whether or not a variance
is reasonable. Under the definition of the Ordinance, there is
no way to construe this as a business sign.
--Rygh - read the definitionofa-business - does not feel this
definition eliminates his request.
--Lundquist - read the definition of an advertising sign - this
proposal is covered under-'-this-definition.
--Whittaker - application was for an advertising sign and a variance
to permit an advertising sign. There is a distinction between
the two types of signs in the Ordinance and the Planning Commission
has tried to explain why this difference is there.
--Prince - it is evident to the Commission that the application is
for an advertising sign and also includes a variance to allow a
206 sq. ft. sign and a variance for the distance between signs,
--Rygh - requested a 200 sq. ft. design but the measurements from
the designer are 206 sq. ft. - is this a point of contention.
--Nazarian - this is a minor point of contention - the major
concern is the distance between signs.
Prince closed the public hearing at 8:15 p.m.
M/S/ Lyall/Dreher to recommend denial of a CUP with variances
for Marlin Rygh to construct an advertising sign on T.H. 12
for the reason that the request is inconsistent with Section 505.26
of the City Sign Ordinance, that states advertising signs shall
not be located closer than 3,000 ft. from any other sign on the
same side of the street or highway.
Discussion:
LAKE ELMO PLANNING COMMISSION MEETING, OCTOBER 11, 1982 -4-
2. PUBLIC HEARING - MARLIN RYGH Continued:
--Gifford - asked for a clarification on permitted distances
for business signs in relation to billboards.
--Prince - affirmed the motion for denial and the reasons
recommended by the PZC on August 9, 1982.
--Rygh - asked if he is prohibited from constructing his
advertising sign because of the Vali-Hi Sign. -
--Prince - Yes, both the Vali-Hi and Lehman Mushroom Sign are
within 3,000 feet of the proposed sign.
--Whittaker - under the present Ordinance, no advertising sign
will be permitted on the Rygh property. If Suburban Bus puts
up a business sign on their property, it would be permitted
within the guidelines of the Ordinance.
--Rygh - is there any business permitted on this size lot.
--Whittaker - No, and there wasn't when the parcel was sold to
Mn/DOT. The Ordinance was in effect at the time the parcel
was sold to Mn/DOT and an unbuildable parcel was created.
Motion carried 7-1. Gifford opposed. Gifford - Rygh is in an
awkward position - has the land, what can he do with it.
--Whittaker - Rygh could have asked Mn/DOT to buy it - At the
time the property was sold the Sign Ordinance was in effect,
the minimum lot sizes were in effect, the Zoning Ordinance
was clear - could have requested it be purchased as an un-
buildable parcel.
--Gifford - obviously he saved it for the intent he is asking
for now. Feel it is an infringement.
3. PUBLIC HEARING - RLS FOR DON RALEIGH,_3074.LAVERNE CT. N. and
LEO RALEIGH, 11256 N. 30TH STREET:
Chairman Prince opened the public hearing at 8:25 p.m.
Don Raleigh presented the Registered Land Survey that identified
the resubdivision of the two parcels owned by himself and his
father into two tracts. The Don Raleigh parcel gains 45' and
enlarges his parcel by 7626 sq. ft., makina the lot a total of
22,287 sq. ft. The Leo Raleigh lot will have 39,572 sq. ft. Re -
subdivision will also give Don Raleigh additional area for drain -
field. Presently, neither lot meets the minimum 1 1/2 lot size.
--Whittaker - this action is platting two existing non -conforming
lots, clearing up property descriptions, and providing Don
Raleigh and alternate drainfield site. Just changing the boundaries
between the two lots.
--Gifford - if this offers more land and use of land area for
septic in an area where there has been past problems, this would
probably beneficial.
- -Whittaker - Building Inspector viewed the Leo Raleigh parcel
and determined that there is more than adequate area for two
drainfield sites, based on soil maps and land area.
- -Todd Williams, 3025 Lake Elmo Avenue - only concern was that
Leo Raleigh have adequate septic area left. Soil in this area
very spotty and without soil borings it is hard to tell whether
Leo Raleigh's property would be hurt if his present drainfield
malfunctioned.
Prince closed the hearing at 8:35.
PLANNING COMMISSION MEETING, OCTOBER 11, 1982 -5-
3. PUBLIC HEARING - DON & LEO RALEIGH CONTINUED:
M/S/ Nazarian/Moe to recommend approval of the RLS resubdividing
two parcels of land owned by Don Raleigh,3074 Laverne Ct. N. and
Leo Raleigh 11256 N. 30th St.
--Gifford.- regarding Todd Williams concern about the possibility
of the drainfield malfunctioning on Leo Raleigh's lot, is the
Building Inspectors conclusion adequate to insure there
are two drainfield sites.
--Whittaker - Would have to do pare tests and soil borings to get
get a conclusive answer. Fact is the two homes are there, not
adding any sewer. Based_on the generalized soil.maps"and the
amount.of'land_area, the Building -Inspector did not feel Leo
'Raleigh would;_have-any problem putting two systems on the site.
The Commission based their recommendation on the fact that both
Tract A and Tract B were existing non -conforming lots and
improves Don Raleigh's parcel (Tract B), by providing an area
for a second drainfield site.
Motion carried 8-0.
SIGN ORDINANCE REQUIREMENT:
Whittaker asked the Commission's opinion regarding the 3,000 ft.
distance between billboards, is this too much, He cited distance
standards of surrounding communities. Lake Elmo has the most
restrictive ordinance.
--Dreher intent of the Ordinance was to clean up the highway.
Does not feel 3,000 ft. is too much. Likes the idea of cleaning
up the countryside.
--Moe - not opposed to 3,000 ft.
--Mazzara - clarified the difference between business and advertising
(billboard) signs.
--Gifford - based on previous discussion, determined that if there
were a number of business along Highway 12 there would be no
billboards.
--Mazzara - when this ordinance was passed, the attitude was
to clean up the highways - this is why this was put in.
--Gifford - might be wise to look at how other communities are
handling their sign ordinances. In effect, the ordinance is
limiting someone's land use and economic gain for aesthetics.
May have to address whether or not billboards will ever be allowed.
- -Moe - not here to help an individual make or lose money. Here
to consider the aesthetic effects of a billboard on the community.
--Dreher - satisfiedwith the ordinance
--Lundquist - would not know what to change it to.
--Prince - agreed with Lundquist and feels the ordinance should
stay as it is.
- -Gifford - maybe should consider amending the ordinance to
provide for billboards to be constructed closer than 3,000 ft.
from other signs, as business signs can be placed closer.
4. CONFIRM HEARINGS:
B. comp Plan Amendment to delete County Road 13 by-pass, add
extension of 53rd St. N. from Foxfire to Keats Avenue -
M/S/P Gifford/Dreher to set a public hearing to consider the Comp
Plan Amendment to delete County Road 13 by-pass, and add the
extension of 53rd St. N. from Foxfire to Keats Avenue for
October 25, 1982, at 8:45 p.m. Carried 8-0.
PLANNING COMMISSION MEETING, OCTOBER 11, 1982 -6-
4. CONFIRM HEARINGS - CONTINUED:
C. Enright Application for Rezoning and House Moving Permit -
M/S/P Nazarian/Moe to set a public hearing to consider the
application of Clarence Enright for a rezoning and house moving
permit for October 25, 1982, at 8:15 p.m. Carried 8-0.
Whittaker briefly reviewed the request and the property location.
D. Landscape Standards,- No up -date.
E. Emerson Rezoning-
Whittaker'explalned Mr. Emersons request to rezone his parcel
on 20th St. to Industrial Park in order to provide a structure
to house his equipment and bring the property use more into
compliance with an Industrial Pack Ordinance. Presently, this
is a legal -non -conforming use.
Whittaker, personally, felt the City would have a hard time
defending rezoning -this to Commercial in. this location, when
commercial requests have been denied along Highway 36-
This should be called anon -conforming use, the extent of the
business definelso that it doesn'.t.expand beyond what it is,
and not permit expansion by rezoning.
An alternative to rezoning would be to grant a variance to
permit a building to house the equipment. Rezoning would
permit a building for the equipment; but, would also permit
the use to be expanded and/or intensified,on the property.
This area was not planned for commercial or industrial and
was not rezoned when the zoning ordinance was developed
because this area was not considered desireable for commercial
or industrial. Compatibility with surrounding area was
discussed. The Comp Plan call for Rural Residential, general
rural use.
--Dreher - there will be an interchange at County 15 and I-94. and
with the location of the airport, this area could see - - -
intensified use in'the future,. Would rather see industrial
development along 15 than housing.
M/S/P Gifford/Mazzara to call a public hearing to consider a
rezoning for Paul Emerson for October 25, 1982, at 9:00 p.m.
Carried 8-0.
The Building Inspector will secure a list of equipment housed on
the property from Mr. Emerson
5. INTRODUCE PROPOSED CHANGES IN MANFACTURED HOME CODE: Councillor
Mottaz will attend the November 8 meeting to present the proposed
changes.
63 INTRODUCE PROPOSED CHANGES IN SUBDIVISION ORDINANCE -MINOR SUBDIVISIONS:
Postponed until November 8 meeting.
ADJOURN: 9:30 p.m.
CITY OF
LAKE .
ELMO
City of duke Elmo
777-5510
3880 Laverne Avenue North ! Lake Elmo, Minnesota 55042
AGENDA
LAKE ELMO PLANNING COMMISSION
October 11, 1982
7:30 P.M. -- Meeting Convenes
1. Minutes - September 27 meeting
7:45 P.M. -- 2, Public Hearing -
Reapplication for CUP and Variance for
Advertising Sign for Marlin Rygh - near
Vali-Hi Theater
8:00 P.M. -- 3. Public Hearing -
Registered Land Survey for. Don Raleigh,
3074 Laverne Ct. N. and Leo Raleigh,
11256 N. 30th Street
8:15 P.M. -- 4. Confirm Hearings on:
A. Orchard/Sinclair application for
Simple lot Subdivision, Oct. 25 at
7:45 P.M.
B. Comp Plan Amendment to delete Co. Road
13 By-pass, add extension of 53rd St. N
from Foxfire to Keats Ave., Oct. 25 at
8:45 P.M.
C. Enright application for rezoning and
house moving permit, Oct. 25 at 8:15 P.M.
D. Landscape Standards
E. Emerson rezoning, Oct. 25 at 9:00 P.M.
5. Introduce proposed changes in Manfactured Home Code
6. Introduce proposed changes in Subdivision Ord.
Minor Subdivisions
NOTES: (1) Hearing on Willard Morton Sign Permit cancelled
(2) Amendments to Code Books are not back from the printer
yet. Please bring Code Books Oct. 25.