HomeMy WebLinkAbout09-27-99 PZMA •
- CITY OF
LAKE
ELMO
City of Lake Elmo
777-5510
3800 Laverne Avenue North / Lake Elmo, Minnesota 55042
The Lake Elmo Planning Commission will meet Monday, September 27, 1999 at 6:30 p.m.
in the Council Chambers of City Hall, 3800 Laverne Avenue North, Lake Elmo, Minnesota.
(6:30 p.m. — 7:00 p.m. the Planning Commission will continue
their discussion of the Comprehensive Plan)
7:00 AGENDA
1. Agenda
2. Minutes — September 13, 1999
3. PUBLIC HEARING: United Properties
Variance to Impervious surface coverage in the Shoreland District
Eagle Point Business Park
(Inwood Avenue & Hudson Blvd.)
4. Minor Subdivision
Rhonda Smothers, applicant
11459 60th Street North
(continued from September 13, 1999)
5. Other
6. Adjourn
it. 4, printed on recycled paper
Approved
City of Lake Elmo
Planning Commission
Meeting Minutes
Monday, September 27, 1999
(The Planning Commission met a 6: 30 p.m.
to continue their discussion of the Comprehensive Plan)
Chairman Armstrong called the meeting to order at 7:00 p.m. in the Council Chambers of City Hall, 3800
Laverne Avenue North, Lake Elmo, Minnesota. Present: Commissioners Helwig, Ptacek, Sedro Sessing
and Lipman. Absent: Commissioners Berg, Brass, Gerard, Herber, and Mandel. Also present: City
Planner Dillerud.
1. Agenda
M/S/P Helwig/Sedro — to approve the agenda as presented
(Motion Passed 6-0).
2. Minutes
M/S/P Sessing/Helwig — to approve the Minutes from the September 13, 1999 meeting, as amended.
(Motion Passed 4-0-2). Abstain: Lipman, Sedro.
3. PUBLIC HEARING: United Properties
Variance to Impervious Surface coverage in the Shoreland District
Eagle Point Business Park
(Inwood Avenue & Hudson Blvd.)
Planner Dillerud said the focus of the variance request was a tributary stream that transects the site from
north to south, nearly centered within the site from west to east. He noted that the previously approved
two site plans (HDR & Machine Shed) that accompanied the PUD Preliminary Plat Stage review were not
in conflict with the shoreland of the site. However, the Higher Research Dimension (HDR) site could be
the first of several HDR structures that may occupy the entire center section of the Eagle Point site, and
therefore, the variance request to the impervious surface coverage section of the Shoreland Ordinance.
He reminded the Commission that any variance is not necessarily married to the HDR campus, but would
become the standard for any future development on this portion of Eagle Point Planned Unit
Development. He said United Properties has submitted a concept site design and zoning variance
application that proposes a 100 foot structure setback (no variance required) and an over-all impervious
surface of 24% (variance from Lake Elmo standard, but within the State of Minnesota model). He
recommends approval of the variance to allow 24% impervious surface within the shoreland area of a
tributary stream based on the findings found in his staff report (and, below, in the motion to approve).
Commissioner Sedro asked if the change in the impervious surface coverage would affect the quality of
the water in the ponds. Darrel Zelke, (Engineer for United Properties) said the ponds are designed to
handle both the quantity and quality of the water and that the levels are monitored by the City of Lake
Elmo AND the South Washington County Watershed District. He doubts if there would be any
ramifications caused by the 24% impervious surface coverage.
Lake Elmo Planning Commission Meeting Minutes September 27, 1999 page 1
George Burkards
United Properties
Mr. Burkards echoed Planner Dillerud's comments, and said he would be happy to answer any questions.
Chairman Armstrong opened and closed the comment portion of the Public Hearing at 7:25 p.m.
NO COMMENTS
Commissioner Lipman asked if the Lake Elmo Code should be aligned with the State Statutes regarding
the impervious surface minimum percentages. Planner Dillerud noted that he was not aware of the reason
for the divergence, but was confident that DNR research supporting 25% was sound.
M/S/P Lipman/Ptacek — to approve Resolution No. PZ99-64, permitting an overall impervious
surface of 24% for the entire Shoreland within the site, where the specified standard is 15% or
6,000 square feet, whichever is less. based on the following findings:
1. The extent of the shoreland for this site shall be measured from the centerline of
the tributary stream upon the advise of the DNR.
2. There is no other location within Lake Elmo where a tributary stream is located
within a Business Park zoning district. The application for variance represents a
unique physical circumstance, not applicable to other properties within
shoreland areas or subject to BP zoning.
3. Storm water from impervious surface created in this shoreland area will be
directed to, held, and treated consistent with National Urban Runoff policy, and
will not contribute to the increased stream Bows or water quality degradation of
the tributary stream in the manner generally intended to be mitigated by
impervious coverage standards.
4. The literal interpretation of impervious surface standards will substantially
deprive this property owner of property rights commonly enjoyed by other
property owners in BP zoned or land use -guided sites.
5. The shoreland standards from which variance is requested post-date the
owner's title to the property; and, exceed State shoreland model standards.
Therefore, the circumstances of the variance are not the result of actions of the
applicant, but rather the City.
6. The granting of the variance will not confer on the applicant rights or privileges
not available to owners of other sites zoned or land use guided BP.
7. The applicant has demonstrated that the variance proposed be the minimum
required to alleviate hardship.
8. The variance would not be materially detrimental to other properties in the
same zone, or to the purposes of the Shoreland zoning district due to extensive
infrastructure design to collect, treat and retain storm water planned for this
site.
9. The requested variance to allow 24% impervious surface coverage on the site is
within DNR recommended impervious coverage maximum of 25%.
(Motion Passed 6-0).
4. MINOR SUBDIVISION: Rhonda Smothers
11459 60111 Street North
(continued Public Hearing from September 13, 1999)
Lake Elmo Planning Commission Meeting Minutes September 27, 1999 page 2
Planner Dillerud said at the September 13 meeting, the Planning Commission advised him to
draft two resolutions approving the Zoning Variance and the Minor Subdivision for Rhonda
Smothers, as information presented suggested the possibility of 5 acre zoning in the Rural
Residential zoning district may have been the standard at the time this issue originally surfaced.
Chairman Armstrong opened and closed the comment portion of the Public Hearing at 7:35
p.m. NO COMMENTS
M/S/P Ptacek/Lipman — to approve Resolution No. PZ99-65, a variance from Section
300.07, Subd. 4, Paragraph B, to permit a lot of record in the RR Zoning District of 5 acres
where district standards prescribe a lot area of 10 acres minimum, based on the following
conditions:
1. There exist extraordinary circumstances relating to the aborted platting of the
Tri-Star Addition, of which this parcel was a part, that apply to this parcel but
do not generally apply to other properties in the RR zoning district.
2. The literal interpretation of the RR district lot area standard would deprive the
property owner the right to complete a property transaction that would have
been legal under RR district standards at the time initiated, as commonly
accorded other property owners in the same zoning district.
3. The circumstances of this variance are not the result of actions of the applicant
benefiting from the variance.
4. Under the historic circumstances of this variance, no special privilege will be
conferred on the applicants denied to other property owners within the RR
zoning district.
5. The variance requested is the minimum to alleviate the hardship based on the
historic circumstances demonstrated.
6. Surrounding properties remain vacant or State Highway right-of-way, and
therefore the variance would not be materially detrimental to those properties;
or, detrimental in the RR zone due to the unique historic circumstances of the
variance request.
(Motion Passed 6-0).
M/S/P Armstrong/Sessing — to recommend approval of Resolution No. 99-_ granting a
Minor Subdivision to Rhonda Smothers and Leroy Rossow, with respect to the property
known as 11049 60'h Street, based on findings and including the following conditions:
1. Compliance with the recommendations of the City Engineer and City Attorney, if any.
2. Submission by the applicants of certified survey and legal documentation for all parcels,
consistent with Section 400.10, Subd. 2., D of the City Code.
3. All documentation submitted by the applicants responsive to Condition #2 above shall be
approved by the Lake Elmo City Planner prior to release or endorsement of City approval
of the Minor Subdivision.
(Motion Passed 6-0).
Lake Elmo Planning Commission Meeting Minutes September 27, 1999 page 3
5. Other
Planner Dillerud discussed the Met Council proposal to study a designated area in the Old Village, that
would include analysis by Calthorpe Company. He said the Village Commission had received
information from Mayor Hunt regarding this proposal at its September 22 meeting, and agreed to direct
the planner to contact Met Council with a conditional "go ahead." Planner Dillerud said he had done so,
and thus far, there has been no response.
Chairman Armstrong adjourned the meeting at 7:55 p.m.
Respectfully submitted, Cynthia Young -Planning Secretary
Lake Elmo Planning Commission Meeting Minutes September 27, 1999 page 4