HomeMy WebLinkAbout05-26-85 PZMThe Planning Commission is an advisory body to the City
Council. One of the Commission's functions is to hold public hearings
and make recommendations to the City Council. The City Council makes
all final decisions on these matters.
Lake Elmo Ordinances require that certain documents and
information be included in applications. The Planning Commission may
postpone consideration of an application that is incomplete and may
for other reasons postpone final action on an application.
For each item, the Commission will receive reports prepared by
the City Staff, open the hearing to the public, and discuss and act on
the application. If you are aware of information that hasn't been
discussed, please fill out a "Request to Appear Before the Planning
Commission" slip; or, if you came late, raise your hand to be
recognized. Comments that are pertinent are appreciated.
AGENDA
LAKE ELMO PLANNING COMMISSION
MAY 26, 1985
7:00 p.m. Meeting Convenes
1. Minutes: April 22, 1985
2. Application by Larry Gray to move a house
into the David Nelson Estates Subdivision.
3. Discussion: 1985 Work Plan
May 9, 1985
To: Planning Commission Members
From: Patrick D. Klaers, City Administrator
Re: May 13, 1985 Planning Commission Meeting
The Monday, May 13, 1985 Planning Commission meeting has been
cancelled for a variety of reasons. I have confirmed this
cancellation with Planning Commission Chairman, Fred Nazarian.
Mainly, the meeting is being cancelled because of a lack of
applications and agenda items.
The next scheduled meeting falls on a holiday (Memorial Day) Monday,
May 27, 1985. I believe by this time other applications will be
received in city hall and will need to be reviewed by the Planning
Commission so that they can get to the City Council in early June. In
this regard, we are planning to hold a meeting on Tuesday, May 28,
1985 beginning at the usual time - 7:00 p.m.
Even if applications are not received which require the Planning
Commission's attention, we will meet on this date and time to, at the
very least, review the 1985 Planning Commission Work Plan.
If the Planning Commission met on May 13th to work on the Work Plan,
and then cancelled the second meeting in May, some applications that
need Planning Commission review may not get to the City Council until
later June, and this could disrupt the proposed schedules of the
applicants. Therefore, I find it more appropriate to hold a meeting
in later May, even though this meeting date falls on a holiday, and
cancel the earlier May Planning Commission meeting.
Attached on the following page are some additional comments and update
on City activities.
Enjoy the week off from a Planning Commission meeting and I will see
everyone on Tuesday, May 28, 1985 at 7:00 p.m. for a rescheduled.
Planning Commission meeting.
To: Planning Commission Members
From: Patrick D. Klaers, City Administrator
Re: Update on Current City Activities
1. Attached for your information are the approved April 8, 1985 and
draft April 22, 1985 Planning Commission minutes.
2. Attached for your information is the most current City Newsletter
dated April 23, 1985. This Newsletter edition highlights the article
on a boating ban being in effect on Lake Jane, and the hiring of a
City Attorney, Mr. Frederic Knaak.
3. Attached for your information are the VBWD minutes from its March
14th, March 28th and April 3rd meetings. These minutes should keep
the Commission informed on how VBWD is proceeding in handling our
current water problems, and how the 509 Plan is proceeding.
4. Attached for your information is an article on mosquitos in the
Twin City area. I copied this article to you, not because I am
excited about mosquitos, but because of the third paragraph in the
article that states "State Climatologist Earl Kuehnast said 1983-84
was the wettest two year period since record keeping began in 1836".
I find that this fact is very interesting and is a major part of our
current water problems that we are experiencing. With a typical
rainfall and snow season, the water problems that we are experiencing
now would be greatly reduced. However, because of the existing
conditions that we must react to, there is a great deal of pressure
for temporary surface water solutions and for the immediate
implementation of the 509 Plan.
5. Attached for your information is an article from the Minneapolis
Tribune regarding the Lake Pulaski high water situation. This
situation in the western part of the metropolitan area is not unlike
the problems we are experiencing on Lake Jane. If the residents on
Lake Pulaski are successful in having the DNR reset their OHWM, this
may have some spinoff benefits in Lake Elmo. If this takes place, we
may also be working to alter some of the established high water marks
on our area lakes so that when the 509 Plan is implemented, it will be
more effective for the long term future of our area.
6. Attached for your information is a letter from the DNR to Mr.
Magnuson regarding his inquiry to help eliminate the water problems on
Lake Elmo. The most important aspect of this response from DNR
Commissioner, Joseph Alexander is the last four words of the letter
which states that they will do everything possible to help the local
Watershed "as provided by law". The DNR has often stated that their
hands are tied in helping local communities because of the laws which
they are charged with enforcing.
7. Attached for your information is a report from the Fire Chief,
Fran Pott regarding Lake Elmo's response to weather related disasters.
I requested this memo to put myself more at ease so that if a tornado
or something of that nature took place in Lake Elmo, we would be
prepared to handle, with the assistance of our neighboring
communities, the potential problems that would arise. It seems to me
that we are as well prepared for such an emergency as can be
reasonably expected.
8. Attached for your information is an article from the Stillwater
Gazette dated 4-30-85. This article talks about citizens complaints
that are received at City Hall. While the article deals with
Stillwater, many of the issues and procedures can be directly applied
to Lake Elmo. Nile's comments about problems with the appearance of
property is also very true in Lake Elmo.
9. Wish to inform the Planning Commission that the State, County and
City weight restrictions - or load limits, have been removed from our
area streets. These limits were removed. on Monday, April 29th.
10. The staff is in the process of sending the proposed Comp Plan
I-94 changes to the Met Council for its formal review. The review
process is ninety days. A public hearing for the Comp Plan amendment
and proposed zoning code interstate corridor overlay district will be
held at the 6-24-85 Planning Commission meeting and at the 7-2-85 City
Council meeting. The Comp Plan change requires a Planning Commission
public hearing, and the zoning code amendment requires a City Council
public hearing, and we are considering the changes concurrently. Our
Planning Consultant, Rob Chelseth, will make a presentation at both
meetings.
Update on recent City Council action:
A. Authorized the City to initiate a bicycle registration
program for the children in our area. This is not a licensing
procedure, but a registration that will cost fifty -cents for a Lake
Elmo sticker that has a number attached. This will help the deputies
when they locate a missing bike - to return it to the proper owner.
This is more of a service to the community and is definitely not a
money making proposition.
B. Officially received and accepted the 1984 City Audit. The
City's financial picture improved in 1984, but the property taxes last
year were up and State Aids were down. In 1985, we see this trend
being reversed and we know that the mil rate has decreased in 1985.
C. Tabled consideration of the Bill Eder application. The
Council, like the Planning Commission, is having a very difficult time
coming to a fair and justified determination of what should be allowed
in this area.
D. Heard a presentation from Zack Hansen regarding composting
in the area. Bruce Dunn, Arlyn Christ and Nancy Prince will be
working as a group to try and locate an appropriate site for such a
composting program. Additionally, the Council heard Nancy speak
briefly about recycling proposals for the Lake Elmo area. We are
hopeful that a program can be set up with a dropoff location being in
the VFW parking lot. Confirmation of this location being acceptable
to the VFW will come sometime in later May or early June.
E. Approved the final plat for Teal Pass 3rd Addition
contingent upon the applicant entering into a developer's agreement
and paying the required park donation fee. This was recommended by
the Planning Commission at its last meeting.
F. Heard a report from VBWD member, Dick Murray on the
progress that is being made on lowering the level of Lake Jane. The
electric pump that has been long awaited is now installed and
operating. In an effort to get Lake Jane lower, the sandbags on the
Olson weir will remain for a short period of time, and will then be
removed.
G. Concurred with the Planning Commission that the speed of
vehicles along Highway 5 for the safety of children in the area is a
major concern, as is the traffic flow patterns from Lake Elmo going
north trying to enter onto the western route of Highway 5. In this
regard, the Council requested that I try to have a Mn/DOT District 9
staff member attend a future Council meeting to discuss what, if
anything, can be done to help eliminate these current problems and
potentially dangerous situations.
H. Hired Dan Olinger as our Maintenance Foreman. Dan
replaces Dave Wisdorf and we are all confident that he will be able to
do a very good job for the City.
I. Hired an Administrative Secretary, Sharon Lumby from
Lakeland. Sharon will begin on May 20, 1985. The staff has long
awaited this addition to our work crew, and will help eliminate some
of the backlog of paper work that has been happening since Kathy
Crombie left the office.
LAKE ELMO PLANNING COMMISSION MINUTES
APRIL 22, 1985
APP
Chairman Nazarian called the meeting to order at 7:00 p.m. in the City
Council Chambers. Present: Graves, Johnston, Kuettner, Land,
Lundquist (arrived 7:15), Lyall, Novak, Prince (arrived 7:15)
Administrator Klaers. Absent: Moe, Schiltz.
1. The Planning Commission was introduced to the new second alternate
Planning Commission member, Dan Novak, 8520 Ironwood Trail.
2. Minutes: April 8, 1985
M/S/P Graves/Lyall - To approve the minutes of the April 8, 1985
Planning Commission meeting as amended (see additional comments from
Graves on page 5). (Motion carried 6-0-1 <Nazarian>)
3. Sue Ayde from Bellaire Sanitation to discuss a recycling program.
Ms. Ayde stated she has had a recycling dropoff in Mahtomedi for three
years, and would like to start one in Lake Elmo. It is a portable
recycling center with a lowboy trailer which holds color coded
containers for different recyclable material. There is an additional
container for newsprint. The site would be supervised at all times,
to eliminate for one thing people dropping trash off at the side.
There would be no cost to the City for this service. She would like
to establish a monthly pickup in Lake Elmo for glass, metals and
newspapers.
Prince stated that in talking with the County she discovered that the
Washington County Board authorized the Public Health Department to
issue a Request for Proposals for recycling service in the southern
two-thirds of the County. The RFP asks recyclers to explain how they
would set up recycling service if they are selected. As a result of
the RFP, the County will eventually enter into two contracts, one for
the middle third and one for the southern third of the County. The
RFP specifies that the minimum service the County will consider is
bi-weekly collection of recyclables (newspaper, corrugated cardboard,
glass containers and tin, bimetal and aluminum cans) at drop-off
sites. She feels that the City would be stepping in the wrong
direction to make any plans at this point with Bellaire as the City
does not know what plans Maroney's might be interested in doing. She
also felt it would be safest at this point to work with the County
organization as we would be working with a structure that is already
set up. However, if the City is not happy with the bid and the plan
that a professional hauler puts into the County for our area, we can
work with the County at that point. It would probably be wise for the
Planning Commission to recommend to Bellaire Sanitation that they put
in a bid for. the Lake Elmo area. Also, by providing a site for a
dropoff center the County would have more leverage in working with the
people who put in the bids for our area. Therefore, it would be
appropriate for the Planning Commission to recommend to the City
Council to chose a site in the City so that when the bids come in to
the County, it wouldn't end up as being just one site at Oakdale and
Lake Elmo sitting here with nothing.
LAKE ELMO PLANNING COMMISSION MINUTES 4-22-85 PAGE 2
Ms Ayde stated she questions the proposal the County has setup for
this program. Washington County is looking only to recycle five
percent, which is not a very large margin. Also, some of the
equipment that they require to process this material leaves an
independent company such as Bellaire unable to afford to take part in
the program.
Kuettner suggested that Bellaire put together its proposal and give
the Planning Commission a copy of the proposal, so it could have some
input to the County.
It was also pointed out that all of the proposals should be reviewed
by the City, not just Bellaire's proposal.
4. Final Plat for Teal Pass Estates 3rd Addition
The Commission reviewed the memo from the City Engineer dated April
18, 1985 in which he states that he has reviewed the preliminary and
final plat for Teal Pass Estates 3rd Addition and has checked it for
conformity with the City Code and the previously submitted preliminary
plat for Lake Jane Estates 3rd Addition. It was noted that the name
was changed after Lake Jane Estates was platted.
The Engineer finds the final plat to be in conformity with the
original preliminary plat and the City Code and recommend its
approval. Also, ponding capacities have previously been checked and
approved by the VBWD. Construction plans and specifications will be
checked and approved by the City Engineer prior to the City signing
the final plat.
Dennis Peck, representing Mr. and Mrs. Neudhal, stated that the
Neudahl's have the responsibility of connecting the road into Fox
Fire, and bringing that south. There has been some work done at the
upper end of the cul-de-sac which makes it unrealistic to take out and
move the entire cul-de-sac. It was decided that this issue will be
discussed with the developer at a future time.
Regarding the old farm house, Mr. Neudahl stated there is a farmhouse
garage that will be completely torn down and a couple of old out
buildings that will be torn down, but the farmhouse itself will remain
standing. The current developer's agreement states that the farmhouse
must remain unoccupied, which it is and will be until the road is
completed and accepted by the City.
Prince stated that some of the residents in Fox Fire have complained
about some "stuff" that is up against the hill. She suggested that
this "stuff" be removed so the Neudahl's don't have angry neighbors on
their back.
Johnston/Prince - To recommend to the City Council final plat approval
for Teal Pass Estates 3rd Addition subject to the applicant entering
into a developer's agreement with the City. (Motion carried
7-1-1-<Lyall> <Novak>)
Lyall stated he has nothing personal against the Neudahl's, or the way
they are handling the development, but has to be consistant with his
objections and concerns about excess water getting into the City.
4
LAKE ELMO PLANNING COMMISSION MINUTES
4-22-85 PAGE 3
5. Simple lot subdivision and zoning
east of Lake Elmo Avenue and south of
Eder.
code variances on parcel of land
RR tracks. Applicant: Bill
This application was tabled from the previous Planning Commission
meeting as there was a question as to whether or not the 50' easement
was recorded with the County.
This application will require a variance from the lot size of 1-1/2
acres, a variance for the road frontage requirement of 125 feet, a
variance for the septic system requirements for the easterly lot, and
some type of private road agreement with the City that provides access
to all of these parcels which includes potentially five sites thru Mr.'
Willard Eder's driveway. Willard Eder is the father of the applicant,
Bill Eder.
Mr. Eder stated that the plat in question was never recorded with the
County. If the plat would have been recorded, the lots would already
exist and there would be no need for a subdivision.
Kuettner stated she has two concerns with this proposal. The first
concern is Willard Eder's septic system. If we allowed this to be
subdivided, and part of the property had to be given back for Willard
Eder's septic system, there could be some additional expenses for the
201 Program. The second concern is the driveway. It looks like the
driveway could be widened. There is no way she could vote for this
under the present circumstances.
Eder stated that the driveway could be widened but he would have to
remove a pretty good sized tree. He wouldn't want to to this, but if
he had to he would have no problem with this.
Lyall stated the lot could be subdivided in such a way that the amount
of property needed for Willard Eder's septic system would remain with
parcel 42, which shouldn't have any effect on the 201 Program.
Lundquist stated that sometime in the future the 30' strip could be
converted into a road when the antique shop expires. The antique shop
is on a substandard lot and probably wouldn't be allowed to be rebuilt
if something happened to the existing building.
Lyall stated that if Lot 41 was divided the way the applicant wants to
do it, maybe the smaller portion of the lot is not buildable, but that
has to be worked out later when someone wants to do something with it.
If the largest portion is what he wants to build on, it wouldn't make
any difference if the smaller piece of property is buildable or not.
Kuettner stated that if we allowed this subdivision, it would allow
somebody else to come in and request the same variances that we would
give Bill Eder for the smaller piece of property.
Lundquist stated•if the smaller portion is not buildable, we shouldn't
create it as a separate lot.
Johnston stated that we need sufficient information to demonstrate
that the lots would be buildable if we allowed the subdivision. It is
fairly clear to him that there is not enough information to support
LAKE ELMO PLANNING COMMISSION MINUTES 4-22-85 PAGE 4
this subdivision. There are too many unknowns that have not been
properly ad.dressed.
M/S/ Prince/Graves - To recommend to the City Council approval of
this subdivision due to the following factors: the lot size is
similar to lot sizes in the area, to accept the fact that it will be a
subdivision on a private driveway and the only reason to look upon
that favorably is because there are already existing homes on that
private driveway, and contingent upon the fact that the westerly fifty
feet of lot 41, which is proposed as the septic system site for
Willard Eder in conjunction with the 201 Program be deeded to lot 42,
and if the easterly section of Lot 41 has acceptable percolation
tests. (Motion failed 4-4-1 <Lundquist, Johnston, Kuettner, Nazarian>
<Novak>)
Kuettner stated she could not possibly vote in favor of this motion
mainly because of the driveway, but also because it wouldn't be
necessary to subdivide, and by subdividing we are creating two
potentially buildable lots. If the Council granted this subdivision,
we would be putting them in the position of having to grant a second
person the same variances that are being granted this person.
Graves stated the one extenuating circumstance is the existance of the
Shultz property. He personally feels that sometime in the future
there will be a city road put in on the fifty foot easement. He
supports the motion Prince put forth, and does not feel we would be in
any worse shape than we are at the present.
Lyall concurs with Graves and added that there is a division between
the potential subdivision, and it is a logical division. The only
reason they want to divide the property is because of the Schultz
property. He does not see where having the parcel in two pieces
rather than one would create any more difficulty than there is today.
Prince stated that she did not include any provisions about the road
in her motion because she would prefer to leave that to the discretion
of the Engineer and the City Council.
Johnston stated that there are so many "unknowns" with this
application. There is work that could be done to demonstrate that the
lots are buildable, there is the provisions of the road, and this
falls on the shoulders of the applicant. We are speculating about a
lot of unknowns; we are creating a difficult situation for the City
and we are creating a potential difficult situation for residents in
the area. There has not been a satisfactory discussion on how the
road couldbe made satisfactory for future residents, it hasn't been
demonstrated that the lots are buildable, and if they are not
buildable, there is no reason to subdivide them.
Lang stated that the motion has enough contingencies in it that the
Planning Commission could move on the application. The quality of the
road has been deferred to the City Engineer. What is our concern
about the quality of the road? If the residents are dissatisfied with
the quality of the road, at some point they will ask for it to be
improved. They residents that live there are obviously not concerned
with the road.
Nazarian stated that his only reason for voting no on this proposal is
LAKE ELMO PLANNING COMMISSION MINUTES 4-22-85 PAGE 5
the private road as opposed to a public road and the width and load
bearing capacities of the road.
6. Planning Commission 1985 Work Plan
Prince suggested that "Signs" be included in the discussion regarding
the I-94 overlay district.
The Administrator suggested that the Commission read the "Sign"
section of the code and discuss this issue at the next Planning
Commission meeting.
The Commission discussed potential changes to the sign ordinance and
what changes they feel should be made to the ordinance. Some of the
suggestions were changing, but regulating the type, quality, spacing
and height of the signs.
Lundquist pointed out that the State of Minnesota has banned
advertising signs along state highways on any land not zoned
commercial or industrial. They have taken down all of the signs on
agricultural land.
This topic will be brought back to the Commission for further
discussion at a later date.
Regarding #9 of the Work Plan relating to "Speed sign, traffic light
or some kind of traffic control on Highway 5 and CSAH 17 (near the
school)" Prince suggested that she would at least like to see some
kind of a speed control sign by the school.
Graves stated that he would like to see some kind of a light at the
intersection of County Road 17 and Highway 5, especially during the
late afternoon rush hour.
Kuettner suggested the possibility of a three-way stop sign for this
location.
Graves and Kuettner both feel that traffic control of some kind should
be a non-negotiable requirement for a school zone.
M/S/P Graves/Kuettner - To recommend that the City Council, in the
interest of safety, approach the State of Minnesota and request some
kind of traffic control measures in front of the school, such as
school warning sign, blinking lights, or stop sign. (Motion carried
9-0)
7. Other
1. House moving application by Jed Weir
The Planning Commission discussed the memo from the Building Official
in which he indicates that Mr. Weir is requesting premission from the
City to move in a three bedroom rambler, about twenty-five years old,
to his lot on 43rd Street. A soil boring and percolation test has been
completed and indicates soil conditions to be favorable for an on -site
sewage system. A percolation rate of 19 m.p.i will be used to
determine the necessary size of the drainfield and septic tank. The
owner if fully aware of the building codes that govern a moved -in
LAKE ELMO PLANNING COMMISSION MINUTES 4-22-85 PAGE 6
structure and realizes that the house must meet all existing codes.
The Building Official recommended approval of Mr. Weir's request as
all ordinances can be met without any variances.
Prince feels the house looks small and asked if it conformed to the
City Code for size of structure.
The Administrator stated that the Building Official has indicated that
Mr. Weir is aware that the house must meet all existing codes.
Prince asked about the pond on Mr. Weir's property. There is some
earthmoving equipment and some piles of dirt and asked what is
happening there.
Mr. Weir stated they are digging to make a bigger pond.
M/S/P Lyall/Graves - To recommend to the City Council that based on
the information received from the Building Offical approval be given
to Jed Weir for moving in a three bedroom rambler. (Motion carried
8-0-1 <Novak>)
Kuettner stated that the homes (Mr. Pott's and Mr. Weir's) seem to be
placed extremely far off of the street (282 feet). She feels we are
creating quite a setback, and wonders if people are advised, when they
apply for building permits, that they could be creating problems for
themselves by having such a long driveway.
It was pointed out the the City Code has regulations on setbacks for
minimum distances, but not for maximum distances.
M/S/P Graves/Kuettner - To adjourn the meeting (9:45 p.m.)
To: Planning Commission Members
From: Patrick D. Klaers, City Administrator
Re: Agenda Memo for 4-22-85 Planning Commission Meeting
1. Introduction of new second alternate Planning Commission member,
Daniel Novak.
At the last City Council meeting, Mr. Daniel Novak was unanimously
appointed to the Planning Commission as the second alternate. This
action was taken by the Council after they held an interview with Mr.
Novak.
Attached for your information is the application that Dan submitted to
the City Council for this appointment. Dan lives at 8520 Ironwood
Trail which is south of the railroad tracks, but can be better
described as the western central part of the City.
You may recall Dan as he spoke before the Planning Commission and City
Council in regards to the Clapp/Thommsen rezoning application.
2. Minutes: April 8, 1985
Attached for your consideration and review are the draft Planning
Commission minutes from the April 8, 1985 meeting.
3. Sue Ayde from Bellaire Sanitation regarding a recycling program.
Sue Ayde from Bellaire Sanitation has called the City office to
initiate a recycling program in the City of Lake Elmo. She will be
working at the landfill site during clean up days to test the interest
in the community for such a recycling program. Sue will have material
to hand out to the Commission and will discuss other programs that she
has initiated in neighboring communities.
As this has been an interest to the Planning Commission in the past, I
felt it was appropriate for her to make her presentation to the
Planning Commission before proceeding to the City Council. I believe
that Sue will be discussing some type of a monthly pick up in Lake
Elmo, and would need to establish a location and time frame for this
pick up so that adequate publicity of the program could be given in
the City Newsletter. Without our residents being made aware of this
program, the recycling of metals, newspapers and glass has a very
limited chance of success.
I look forward to an interesting and information presentation from Sue
at this meeting.
4. Final Plat for Teal Pass Estates 3rd Addition.
Ken Neudahl is now prepared to proceed with the final plat for Teal
Pass Estates. I believe Ken or his representative, Dennis Peck will
be present at this Planning Commission meeting to make a presentation.
Attached is the final plat and related map material, plus a report
from the City Engineer, Larry Bohrer.
AGENDA MEMO FOR 4-22-85 PLANNING COMMISSION MEETING PAGE 2
Teal Pass Estates had its preliminary plat approved a number of years
ago and has been developing the land in stages with smaller final
plats of the original preliminary plat. What this proposal consists
of is the final 11 lots that were included in the original preliminary
plat. With the approval of this final plat, it will complete the
development of all the lots that were proposed originally.
The final plat is in compliance with the preliminary plat. All
drainage requirements have been met, and no variances are required
with this final plat. This final plat will complete the street system
that was required originally, and if the Council approves this final
plat following the Planning Commision's recommendation, a developer's
agreement will be entered into between the City and Mr. Neudahl which
will outline the construction standards for the street and other
typical requirements that are imposed upon a developer.
The staff has no problems with this application and finds it to be in
compliance with the preliminary plat and recommends approval. The
City Engineer and I had a meeting with Mr. Neudahl and Mr. Peck prior
to the submission of this final plat, so all of our concerns have been
met.
5. Simple lot subdivision and zoning code variances: Application
by Bill Eder.
I do not have much to add to the information I provided you at the
last meeting regarding this application. At the last meeting, a
public hearing was held for Mr. Eder's application for a simple lot
subdivision and numerous zoning code variances for a parcel of land
that is east of Lake Elmo Avenue and south of the railroad tracks.
Attached for your information is the application and a memo from the
City Engineer, which was distributed before the last meeting. I
suggest that all Planning Commission members once again take a drive
by this area to review the site. This is a very cumbersome and
confusing application as the existing parcel of record is separated by
another existing parcel of record.
Planning Commissioner Bill Lundquist has informed the staff that all
the parcels shown on the map in Larry Bohrer's report were recorded
prior to 1970. The key question in this application is whether or not
the easement was officially recorded, and at the last Planning
Commission meeting, the Commission put the burden of proof regarding
this easement upon the applicant. I expect that Mr. Eder will be
present at this meeting to provide us with a further update on the
status of this easement.
This application will require a variance from the lot size of 1-1/2
acres, a variance for the road frontage requirement of 125 feet, a
variance for the septic system requirements for the easterly lot, and
some type of private road agreement with the City that provides access
to all of these parcels which includes potentially five sites thru Mr.
Willard Eder's driveway. Willard Eder is the father of the applicant,
Bill Eder.
AGENDA MEMO FOR 4-22-85 PLANNING COMMISSION MEETING PAGE 3
The staff has a lot of problems with this application. Our major
concern is the road frontage issue. If the simple lot subdivision
application was withdrawn, this would be a much simpler application,
but still a difficult decision would have to be made by the Commission
and the Council.
Some type of action should be taken by the Commission at this meeting
as the public hearing has been rescheduled before the City Council for
the zoning code variances on May 7th, 1985.
The concern with the long private driveway is that Willard Eder will
not always be living in this house where the driveway goes thru, and a
new homeowner may not be happy with this situation. Additionally, the
City, over a period of time, ends up taking over the maintenance and
ownership of these long private roads. This most recently has taken
place in 1984 with Jane Road North.
The Commission and the Council, in the past, have expressed concerns
over applications that require more than one variance. Also, the
Council has clearly established a policy that prohibits lot
subdivisions that do not have public road frontage. This has been
done in a number of cases where the Council has allowed the
construction of one home on a landlocked parcel served by a long
private driveway, but never has allowed a subdivision to take place.
The hardship that will be explained by the applicant will most likely
be the lack of a public street. This is a very true statement, but
this concern is also the reason why the staff is recommending denial
of the subdivision in order to prevent future homes from being
constructed in this area.
Even with the subdivision application being withdrawn, the staff would
still have to recommend denial of the application. This
recommendation for denial is even stronger with the subdivision
application being included.
6. Planning Commission 1985 Work Plan
Attached for your information is the 1985 Planning Commission Work
Plan. I put this Work Plan in a somewhat different format than what
you have seen in the past as I think it makes it easier to follow and
to group activities under one heading. I think it would be
appropriate for the Commission to move forward on work item #9 so that
the Council can get a resolution up to the County so that some type of
study can be done on this area. I also believe we should start
looking at item #18A considering the recent application we had for
signs, and the fact that we will most likely be receiving additional
requests when I-94 is completed. And aside, the staff has been a
little bit bogged down by the shortage of manpower, but we anticipate
proceeding very soon with item lA - the I-94 Overlay District Corridor
Zoning Code and Comp Plan work.
AGENDA MEMO FOR 4-22-85 PLANNING COMMISSION MEETING PAGE 4
********************OTHER INFORMATION********************
1. Attached for your information is the most recent City Newsletter
dated April 9, 1985. This Newsletter issue highlights an article on
the Council's denial of the Springborn's CUP amendment for their
proposed waterslide.
2. Wish to acknowledge that a "slow - now wake" boating restriction
has been placed on Lake Jane as this lake is above flood level 924.
This action is authorized by ordinance 7964 which is attached, and was
adopted in 1984. This ordinance makes no reference to boating
activities on Lake Olson or Lake DeMontreville which were included in
the resolution that was used to draft this ordinance. The Washington
County Sheriff's Department has been notified of this boating
restriction.
3. The Beast of winter that took place on Sunday, March 31st produced
about 15" of snow which makes March, 1985 the third snowiest March in
history in Minnesota. For 1985, we received over 72" of snow, and was
ranked as the 10th snowiest winter on record. Until the winter of
1981/82, only one winter season on record had as much,as 85" of snow.
Since this 1981/82 winter, Minnesota has averaged approximately 85" of
snow per season.
4. Attached is a letter from Washington County relating to recycling
efforts in the South Washington County area. You might want to review
this letter as recycling is also on the Planning Commission agenda
with Sue from Bellaire Sanitation making a presentation.
5. Attached is a copy of the personal profile that the Washington
County Review did on Ken Carroll from our maintenance department.
This article highlights Ken's work and homelife.
6. Attached is an article on the landfill and drinking water supply
issue from the April 11, 1985 Minneapolis Tribune. This is the first
article the Tribune has done on this problem, and it must be
acknowledged that it is impossible to cover all aspects of the problem
in a brief one page article. You should note that Ramsey County,
Washington County and the City of Lake Elmo will be meeting on Monday,
April 29th to negotiate terms and conditions for installing a public
water supply system in the area. The major point of agreement between
all three agencies is that the only solution that will solve our
problems in the area is a public water supply system. We must still
negotiate on the size, cost and area to be served by this system.
7. Attached for your information is the "Waste Forum" from Washington
County. This is the second issue. Again, you should note that they
have a paragraph on recycling.
8. Attached for your information is a flyer from Mn/DOT relating to
the I-94 construction schedule.
AGENDA MEMO FOR 4-22-85 PLANNING COMMISSION MEETING PAGE 5
9. Update on City Council action from 4-16-85
1. Hired Mr. Frederic Knaak as our Civil City Attorney. He is
from the lawfirm of Rauenhorst and Carlson.
2. Approved the Riek rezoning from RR to AG as recommended by
the Planning Commission.
3. Denied the Olson sign CUP and variances as recommended. by the
Planning Commission.
4. Authorized the use of the Consulting City Planner, Rob
Chelseth, for assistance in the accessory structure code amendments
that are being proposed and discussed.
5. Withdrew the petition to VBWD for the pumping of Sunfish Lake
to park property.
6. Scheduled interviews for the maintenace foreman position with
five applicants prior to the May 7, 1985 meeting.
7. Authorized the staff to select a finalist from the
Administrative Secretary applicants. This finalist will then be
review by Council member Armstrong and Mayor Morgan, and hopefully
will be employed shortly thereafter. Formal approval by the Council
will take place on the 7th of May.
8. Approved the wording for the Lake Elmo Lake Rule Signs that
will be installed at the DeMontreville and Jane public accesses.
These four rules state: 1. No littering; 2. No boats above
slow/no-wake speed 6:00 p.m. until Noon; 3. Boats operating over 5
mph must travel counter clockwise; 4. Boat Launching is restricted
to public accesses.
9. Approved a citizens group to do work on constructing a walkway
access to DeMontreville Park. We have an easement between property
lines for an access, but the property owners would like to construct
an access at a different location off of DeMontrevile Trail, across
the street from Lake DeMontreville. The neighborhood group will be
furnishing the labor and materials for the development of this
entrance to DeMontreville Park.