HomeMy WebLinkAbout09-24-90 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.
7:30 p.m.
AGENDA
LAKE ELMO PLANNING COMMISSION
SEPTEMBER 24, 1990
MEETING CONVENES
1. AGENDA
2. MINUTES: September 10, 1990
3. PUBLIC HEARING: Residential Estates Zoning District
4. PUBLIC HEARING: Rezoning and Preliminary Plat
Arabian Heights
5. Request from Cliff Adkins, 2227 Lake Elmo Avenue
to plat Residential Estates on less than 20 acres
6. Repeal R-1 Zoning District
* 7. Supporting Ordinances for RE Zoning District
8. Other
9. Adjourn
Date Approved 9-24-90
Date Issued 10-5-90
LAKE ELMO PLANNING COMMISSION MINUTES
September 10, 1990
Vice Chairman John called the Planning Commission meeting to order
at 7:35 p.m. in Council Chambers. Present: John, Johnson,
Johnston, Conlin, Arkeil, Bucheck, Wilfong, Enes, City Planner
Black, Administrator Kueffner. Absent: DeLapp, Thomas, Stevens.
1. AGENDA
M/S/P Arkell/Enes - to approve the September 10, 1990 Planning
Commission Agenda. (Motion carried 8-0.)
2. MINUTES: August 27, 1990
M/S/P Johnson/Enes - to approve the August 27, 1990 Planning
Commission minutes as presented. (Motion carried 4-0-4, abstain:
Conlin, Bucheck, Johnston, Wilfong.)
3. Residential Estates Ordinance: Call Public Hearing
The Commission combined Kolstad's concept pre -application for
Arabian Heights with discussion of the RE Ordinance to examine
this code being put to use on a typical application.
Commissioner Conlin felt that if any change were to be made that
the setbacks for front and rear could be cut down to 75', this may
cut down on requests for variances.
The Commission asked Administrator Kueffner to get comments from
the City Attorney on the RE Ordinance as soon as possible.
M/S/P Johnston/Bucheck - to call for a Public Hearing for
adoption of the new Residential Estates Ordinance for September
24, 1990. (Motion carried 8-0.)
4. Concept Pre -Application: Arabian Heights
Roger Kolstad of Northern Lakes Diversified presented a concept
review for a preliminary plat of a 19-lot subdivision to be called
Arabian Heights owned by Northern Lakes Diversified. Kolstad
stated that his biggest problem was the setbacks, due to the land
configuration. Kolstad found two lots which could possibly need
variances because they may not meet the 250' circle. Kolstad
cannot tell at this time where the drainage will be. Kolstad had
no problem with park dedication (the Parks Commission will review
this proposed park at their September 17, 1990 meeting).
City Planner Mike Black stated that the lot density meets the 6
lots per 20 acres. It appears a couple lots do not meet the 150'
frontage on public roadway. Black suggested Out lot "A" and lot 5
be encompased as one parcel to avoid a future land locked parcel
if Out lot A were to be sold to another party. Black went out to
the property site and looked at the drainage, soil and proposed
lots. It appears that most of the lots will meet the 250' circle,
Lake Elmo Planning Commission Minutes September 10, 1990 Page 2
but there were several lots (Block 1-lots 6 & 10, Block 3- lots 4,
3, 4 & 5) that may be unsuitable for septic systems due to severe
lot configuration, drainage and poor soil. Kolstad was .reminded
that the RE Ordinance states that all newly subdivided lots shall
have at least one acre of land dedicated for septic system use,
and that mound systems are not allowed for new housing. Black
suggested that Kolstad get perc tests before platting.
Administrator Kueffner mentioned to the Commission that there is a
provision in the platting where the Planning Commission could
address variances at the time of platting and could make
recommendations to the City Coucil.
Planner Black stressed that,we must be very careful with plat
reviews and variances so as not to send a message to developers
that the City will entertain variances to the minimum standards
during the plat review process because there is always a case in
every plat that something just doesn't work right. If some lots
don't meet the ordinance then don't allow them, or change the
Ordinance if you find it not practical.
Commissioner Johnson stated that the only time a variance should
be allowed is when there is a definite hardship on the land.
Commissioner Enes added to not forget that lots don't have to be
the minimum size, some lots may have to be larger in order to meet
the Ordinance and this should be tried first before a variance is
considered. Commissioner Wilfong added that a Walk -out is not a
good reason for a variance. Commissioner Bucheck offered
Ordinance 401.270 C. states: A variance shall be granted only
where the City Council finds: 1. That there are said special
circumstances or conditions affecting the applicant's land that
the strict application of the minimum standards of this Ordinance
would deprive the applicant of the reasonable use of that land.
2. That the granting of the variance will not be detrimental to
the public welfare or injurious to other property. 3. That the
variance required by reason of unusual hardship relating to the
physical characteristics of the land.
Vice Chairman John stated that it appears Kolstad has made an
honest attempt to meet the RE Ordinance.
M/S/P Johnson/Conlin - to call for a Public Hearing on Arabian
Heights preliminary plat and re -zoning for September 24, 1990.
(Motion carried 8-0.)
5. Freeway Business District
Commissioner Conlin stated that this Ordinance as it exists is too
restrictive and she was hoping that more Permitted Uses would have
been added. The Purpose in this Ordinance sets the criteria and as
long as a business is condusive, it should be accepted. Traffic
should not be considered a problem since this is not a residential
area, it is a Highway frontage road. And it is unrealistic not to
expect some services to increase in order to get high quality
Lake Elmo Planning Commission Minutes September 10, 1990 Page 3
businesses.
Vice Chairman John stated that they were trying for substance and
tax gerneration. Commissioner Johnson stated that there was an
attempt to broaden the Permitted Uses and to make it more
specific, because the more gray areas there are the harder it is
to enforce.
Administrator Kueffner suggested that the Commission go through
the General Business Ordinance Permitted Uses and add some of
those to this Freeway Ordinance with the specifics, because
presently this Ordinance is of subjectionable interpretation. The
Purpose does not define, it is somewhat general.
Vice Chairman John stated that the Commission is not unanimous on
this Ordinance and suggested that it be referred back to the
Sub -committee to be re -written. Commissioner Conlin suggested
that item 5, 6 & 7 in the Purpose could be incorporated into the
first paragraph of the Purpose.
Administrator Kueffner offered to write up a few suggestions for
Permitted Uses and how they could be more specific and would bring
them to the October 8, 1990 Planning Commission meeting.
M/S/P Bucheck/Johnston - to have Administrator Kueffner: 1. Write
a Purpose incorporating 5, 6 & 7 from the present Purpose, 2.
Write on a separate piece of paper any more Permitted Uses that
she feels should be in this code, 3. Page 3 & 4 - pull out things
that are already code; and the Planning Commission is requested to
submit to Mary Permitted Uses they would like in this Ordinance by
October. 1st. Mary will have this done for the October 8, 1990
Planning Commission meeting (Motion carried 8-0.)
6. Volunteers for Household Hazardous Waste Pickup in Woodbury
Rita Conlin, Dick Johnson, Wyn John and Karen Johnston volunteer
to assist with the Household Hazardous waste pickup for Saturday,
September 29 at Woodbury High School, 2665 Woodlane Drive (Hours:
9:00 a.m. to 3:00 p.m.). A training session will be held either
Wednesday or Thursday prior to Saturday the 29th. Lunch will be
provided.
M/S/P Johnson/Johnston - to adjourn the Planning Commission
meeting at 10:05 p.m. (Motion carried 8-0.)
NOTICE OF PUBLIC HEARING
'the Lake Elmo Planning Commission will hold a public hearing on
Monday, SeptemberolAs 1990 at City Hall, 3800 Laverne Avenue N., Lake
Elmo, Minnesota, at 7:30 p.m. to consider adoption of a new zoning
district: Lake Elmo Municipal Code; Section 301.070 D Residential
EstatesJto wit:
301.070 D.
4. Residential Estates
A. Permitted Uses and Structures
(1) One single family detached dwelling per lot within planned
subdivisions of at least 20 acres, nominal.
B. Accessory Uses and Structures
(1) Uses dad structures which are customarily accessory and
clearly incidental and subordinate to permitted uses and
structures, see Section 301.130 C. ACCESSORY USES AND
STRUCTURES.
(a) No more than two detached accessory structures
with a combined total not to exceed 1200 square
feet.
(b) Accessory structure shall be architecturally
compatable with principle structure.
(c) Accessory Structures for the sole use by occupants
of the principle structure.
(d) Home Occupations as set forth in Section 301.040 (65)
of this code.
C. Minimum District Requirements
(1) Lot Size 2 1/2 to 10 acres nominal
(2) Lots per Density 6 lots per each 20 acres of gross
land area.
(3) Configuration: Lots must be configured to contain
a circle with a diameter of 250 feet
minimum. The ratio of lot length
to width shall be a maximum of 3:1.
Flag lots are prohibited. (a
definition of a flag lot to be
typed here).
(4) Principle Building Setbacks from Property Lines:
(a) -Front 100 feet minimum
(b) Side (interior) 50 feet minimum
(c) Side (corner) 80 feet minimum
(d) Rear 100 feet minimum
(e) Collector/Arterial Street 150 feet minimum
(5) Frontage on Public EvIo wsly
150 feet minimum except 70 feet
at the end of cul-de-sacs.
(6) Parking 2 enclosed spaces minimum (200 s.f.
minimum per space). 2 exterior
spaces with minimum setback of 50
feet from any property line.
(
(7) Hardsurface coverage 15% maximum.
(8) Septic Drainfield Regulation
(a) All newly subdivided lots shall have at least one acre
of land dedicated for septic system use. This acre
may consist of a maximum of two separate parcels
neither of which may consist of less than 0.4 acres.
(b) Placement of the second required drainfield between
the trenches of the first drainfield is prohibited.
All persons who wish to be heard regarding this proposed zoning
district will be given that opportunity at this public hearing.
Written comments will be accepted until the time of the public
hearing.
"Mary Kueffner
.:ity Administrator
St. Croix Valley Press Sept. 12, 1990
(
301.070 D.
4. Residential Estates
A. Permitted Uses and Structures
(1) One single family detached dwelling per lot within planned
subdivisions of at least 20 acres, nominal.
B. Accessory Uses and Structures
(1) Uses and structures which are customarily accessory and
clearly incidental and subordinate to permitted uses and
structures, see Section 301.130 C. ACCESSORY USES AND
STRUCTURES.
(a) No more than two detached accessory structures
with a combined total not to exceed 1200 square
feet.
(b) Accessary structure shall be architecturally
compatable with principle structure.
(c) Accessory Structures for the sole use by occupants
of the principle structure.
(d) Home Occupations as set forth in Section 301.040 (65)
of this code.
C. Minimum District Requirements
(1) Lot Size 2 1/2 to 10 acres nominal*
(2) Lots per Density
(3) Configuration:
6 lots per each 20 acres of gross
land area.
Lots must be configured to contain
a circle with a diameter of 250 feet
minimum. The ratio of lot length
to width shall be a maximum of 3:1.
Flag lots are prohibited. (a
definition of a flag lot to be
typed here).
* Nominal Residential Estates Parcels: A parcel not reduced by more
than 10% due to right-of-way and/or survey variations. No lot shall
be less than 2-1/2 acres.
(4) Principle Building Setbacks from Property Lines:
(a) Front 100 feet minimum
(b) Side (interior) 50 feet minimum
(c) Side (corner) 80 feet minimum
(d) Rear 100 feet minimum
(e) Collector/Arterial Street 150 feet minimum
(5) Frontage on Public Roadway
(6) Parking
150 feet minimum except 70 feet
at the end of cul-de-sacs.
2 enclosed spaces minimum (200 s.f.
minimum per space). 2 exterior
spaces with minimum setback of 50
feet from any property line.
(7) Hardsurface coverage 15% maximum.
(8) Septic Drainfield Regulation
(a) All newly subdivided lots shall have at least one acre
of land dedicated for septic system use. This acre
may consist of a maximum of two separate parcels
neither of which may consist of less than 0.4 acres.
(b) Placement of the second required drainfield between
the trenches of the first drainfield is prohibited.
NOTICE OF PUBLIC HEARING
The Lake Elmo Planning Commission will hold a public hearing on
Monday, September 24, 1990 at 7:30 p.m. at City Hall, 3800 Laverne
Ave. N., Lake Elmo, Minnesota, to consider the request of Roger E.
Kolstad, agent for Charles R. Nelson/Northern Lakes Diversified for
rezoning from Rural Residential (RR) to Residential Estates (RE) and
preliminary plat approval of a 19 lot subdivision to be known as
Arabian Hills. The property consists of approximately 63.92 acres and
is legally described as follows:
The Northwest Quarter of the Southeast Quarter, the north
91.3 feet of the Southwest Quarter of the Southeast Quarter,
and that part of the Northeast Quarter of the Southeast Quarter
lying northerly of the south 610 feet thereof. All in Section
3, Township 29, Range 21, Washington County, Minnesota.
All persons who wish to be heard regarding this proposed rezoning and
preliminary plat will be given that opportunity at this public
hearing. Written Comments will be accepted up until the time of the
public hearing.
Mary Kueffner
City Administrator
September 7, 1990
St. Croix Valley Press, Sept. 12, 1990
CITY OF
LAKE
AELMO
City of Lake Elmo
September 17, 1990
Dear Resident/Property Owner
777-5510
3800 Laverne Avenue North / Lake Elmo, Minnesota 55042
The City has received an application for preliminary plat approval
of a 19-lot subdivision to be known as Arabian Hills. A copy of
the public hearing notice relative to this request is attached
along with a map showing area of subdivided property. --- -----
If you have any questions regarding this proposed subdivision
prior to the September 24, 1990 public hearing, please don't
hesitate in calling.
Sincerely,
MarKtrs fner
City Administrator
a
Norcott Investment Co.
Attn: Larry Lilies
5926 Bass Lake Rd.
( Crystal, MN 55429
Don Richie
9393 55th St. N.
Lake Elmo, MN 55042
Jerry Preis
9480 53rd St. N.
Lake Elmo, MN 55042
William Horwath
9440 53rd St. N.
Lake Elmo, MN 55042
Richard Rengstorf
9400 53rd St. N.
Lake Elmo, MN 55042
Russell W. Wegwerth
9377 53rd Avenue N.
Lake Elmo, MN 55042
Arlene Meyer
5220 Keats Avenue N.
Lake Elmo, MN 55042
Rolf Schubert
5222 Keats Avenue N.
Lake Elmo, MN 55042
Pete & Pam Eggen
5250 Keats Avenue N.
Lake Elmo, MN 55042
Steve & Nancy Korhel
5540 Keats Avenue N.
Lake Elmo, MN 55042
Thomas Hermanson
5545 Keats Avenue N.
Lake Elmo, MN 55042
Keith Raleigh
5435 Keats Avenue N.
Lake Elmo, MN 55042
ANL
REVISIONS
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REQUEST FOR PLANNING COMMISSION REVIEW
t
Meeting Date: September 24, 1990
AGENDA TOPIC: Request from Cliff Adkins, 2227 Lake Elmo
to plat RE on less than 20 acres
/BUM
NO. 5,
Cliff Adkins, 2227 Lake Elmo Avenue, has requested that the City
consider allowing him to plat his approximate 16+ acres into a
RE subdivision.
I have attached a copy of Mr. Adkins' property to show you its
proximity to other development.
Mr. Adkins realizes that you have not yet adopted the RE Ordinance,
and would, therefore, ask that you consider his request.
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. CAST IRON MONUMENT
REQUEST FOR PLANNING COMMISSION REVIEW
Meeting Date: Sentember 24, 1990
AGENDA TOPIC: Repeal R-1 Zoning District
ITEM
NO.
6.
Attached is a draft resolution that will prohibit any further rezoning
to R1 within the City.
What the Planning Commission should do is recommend that the Council:
(1) adopt the resolution, and
(2) direct the PZ to prepare an ordinance prohibiting any
further R1 zoning.
t too t
RESOLUTION NO. 90-
RESOLUTION FOR THE CITY OF LAKE ELMO
REFERRING AMENDMENT TO ZONING ORDINANCE TO PLANNING COMISSION
FOR CONSIDERATION
WHEREAS, the City of Lake Elmo has its zoning ordinances codified
under Section 301 of its Municipal Code; and
WHEREAS, the current zoning ordinance provides for and defines an
R-1, one -family residential medium density zoning district; and
WHEREAS, the City of Lake Elmo has amended its Comprehensive
Plan; and
WHEREAS, the Comprehensive Plan provides for the elimination of
the R-1 zoning district; and
WHEREAS, it is the intent of this Council that the zoning
ordinance be consistent with the Comprehensive Plan as amended;
NOW, THEREFORE, BE IT RESOLVED that the City Council for the City
of Lake Elmo proposes that its zoning ordinance be amended to prohibit
the rezoning of any land within the City of Lake Elmo to the R-1 zone
which is currently not so zoned; and
BE IT FURTHER RESOLVED that the above proposed amendment to the
zoning ordinance be referred to the Planning Commission for study and
report back to the City Council pursuant to Section 301.060 E.5. of
the Municipal Code.
ADOPTED, by the City Council of the City of Lake Elmo this
day of , 1990.
Susan Dunn, Mayor
ATTEST:
Mary Kueffner, City Administrator