HomeMy WebLinkAbout11-8-99 PZMCITY 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, November S, 1999 at 6:00 D.M. in
the Council Chambers of City Hall, 3800 Laverne Avenue North, Lake Elmo, Minnesota.
(6:00 p.m. the Planning Commission will continue
the discussion of the Comprehensive Plan)
7:00 AGENDA
1. Agenda
2. Minutes — October 25, 1999
3. PUBLIC HEARING: Variance to the Sign Ordinance
William Hagberg/Hagbergs Market, applicant
11325 Stillwater Blvd.
4. PUBLIC HEARING: Variance to setback requirements in PF & GB Zoning District
Minor Subdivision
Site & Building Plan Review
Stephen Johnson, applicant
Upper 33" Street & Lake Elmo Avenue
5. Other
6. Adjourn
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CITY OF LAKE ELMO
REQUEST TO APPEAR BEFORE tat. CITY COUNCIL
OR
PLANNING COMMISSION
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CITY OF LAKE ELMO
REQUEST TO APPEAR BEFORE THE CITY COUNCIL
OR
PLANNING COMMISSION
'you with to address the City Council or Planning Commission please follow the suggestions listed below:
(PLEASE PRINT)
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M c Phone: 1 C&
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no obligation to speak if you decide againtt it during the meeting. Please state your full name, address and phone
number so the record ofyour comments will be complete in the minutes of this meeting. Thank you!
City of Lake Elmo
Planning Commission
Meeting Minutes
Monday, November 8, 1999
(The Planning Commission met at 6:00 p.m. to continue
the 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 Berg, Brass, Gerard, Helwig,
Lipman, Ptacek, Sedro and Sessing. Absent: Commissioners Herber & Mandel. Also present: City
Planner Dillerud.
1. Agenda
M/S/P Lipman/Gerard — to approve the agenda, as presented.
(Motion Passed 9-0).
2. Minutes
M/S/P Gerard/Sessing — to approve the Minutes from the October 27,1999 meeting, as amended.
(Motion Passed 8-0-1).
3. PUBLIC HEARING: Zoning Variances for Height, Area, and Setback of Exterior Signs
William Hagberg/Hagberg's Market
11325 Stillwater Blvd.
Planner Dillerud explained that in 1971, Hagberg's built an addition onto an existing structure, resulting
in a multi -tenant building of approximately 9,000 square feet. He noted that further improvements were
made to the property over the years, including a 72 square foot "Lake Elmo Center" monument sign. He
said Hagberg's also had two additional monument signs, wall signage, and canopy signage/graphics over
the fuel dispensing area. He said the applicant proposes the removal of all monument signs and
construction of new signage consisting of a monument sign-130 square feet area and 24.4 feet high, a
canopy legends totaling 40 square feet. He noted the applicant had presented documentation supporting
the variance requests, which addresses the findings as noted in his staff report. He said staff recommends
approval of these variances based on the following findings and modifications to the sign proposal to
delete the "Reader Board" and modify the "Hagberg's" identifying signage to fit the width confines of the
balance of the proposed sign, resulting in a freestanding sign 20 feet in height and a total of 80 square feet
in sign area:
1. There exist multiple tenant use characteristics of this site that differentiate the site
and signage requirements from other sites in the GB zoning district south of State
Highway 5.
2. Other petroleum retailers within the same roadway corridor and zoning district
enjoy signage in excess of GB signage standards. To deny similar privilege to the
applicant would deprive the applicant of equal rights.
3. The special circumstances supporting the variance request are, in part, related to
decisions by the Minnesota Department of Transportation regarding speeds
permitted in State Highway 5, adjacent to the site.
Lake Elmo Planning Commission Meeting Minutes
Monday, November 8, 1999 page 1
4. Under the circumstances of the site and site structure occupancy, the variances,
when modified as recommended by the November 4, 1999 Planning Staff Report,
will not constitute a special privilege to the applicant not enjoyed by other
property owners in similar circumstances.
5. As modified as recommended in the aforementioned Planning Staff Report, the
variances are the minimum necessary to reasonably address the hardship.
6. The purposes of the sign ordinance will not be materially negated to a greater
extent than by previously approved sign variances under similar locational
circumstances.
7. The sign design, as recommended for modification by the aforementioned
Planning Staff Report, is responsive to the finding specified by Section 535.10,
Subd. 1, Paragraph G.
8. Variance approval will result in a lessening of the degree of non -conformity of
signage at the applicant site.
Based on the foregoing, staff recommended approval of the variances applied for upon the
following conditions:
1. Modification of the design to remove the "Reader Board" area and height.
2. Modification of the design to confine the "Hagbergs" portion of the sign to the
width of the balance of the sign.
3. Compliance with the 15 foot setback requirement, as measured from the south
right-of-way line of State Highway 5.
Commissioner Lipman asked the Planner to elaborate on the MNDOT speed issue. Planner
Dillerud said Lake Elmo has no control on the speed limits on State Highways. He noted that "if"
traffic were indeed travelling at the posted 40-mph, the need for a larger sign would not be as
great.
Commissioner's Sedro and Ptacek expressed their concerns for "sign inflation" and asked if this
application were approved, would the City be setting another sign precedent.
Planner Dillerud said the existing use of the building is multi -tenant, and in both the previous sign
applications in this zoning district, a precedent had been set for single occupancy only. He also
said multi -tenant structures are allowed 25-30 % more free standing sign area and height.
Mark Ogren
P.O. Box 15
Stillwater, Minnesota 55082
(Fuel supplier, Representing William Hagberg)
Mr. Ogren said the vendor requires a sign change, and that Mr. Hagberg did not decide to change
the name; the fourth business in the Hagberg Building has chosen no signage, but, possibly a
future tenant may; the proposal is to reduce the area of the current signage; approval of these
variances would create an opportunity for a ""community advantage", allowing Hagberg's to
compete with other retailers such as Cub and Rainbow markets.
Chairman Armstrong opened the comment portion of the Public Hearing at 7:27 p.m.
William Hagberg (applicant)
3660 Lake Elmo Avenue
Mr. Hagberg said he thought the recent sign ordinance was illegal because there had been no
Public Hearing. He requested that the "Hagberg" portion of the proposed signage not be
modified, and said his proposal notes relinquishing 172 square feet of current signage.
Lake Elmo Planning Commission Meeting Minutes Monday, November 8, 1999 page 2
Chairman Armstrong closed the comment portion of the Public Hearing at 7:35 p.m.
The Planner and Commissioners unanimously agreed that the current sign ordinance was poorly
drafted and needs to be re -visited.
M/2/F Lipman/Gerard — to recommend approval of Resolution PZ-_, allowing signage
dimensions consistent with Hagberg's proposal as illustrated in the submittal drawing on
the grounds that the proposal is sign deflation; and the City should do all it can to support
Hagberg's proposal, which is consistent with the rural character the City strives to
maintain.
Chairman Armstrong, Commissioner Ptacek and Commissioner Helwig agreed that the height of
the sign should be within the ordinance standards, met by other applicants.
(Motion Failed 3-5).
M/S/P Lipman/Armstrong — to adopt Resolution PZ-_, approving variances for signage for
Hagberg's Country Market, based on the following findings and subject to the stated
condition:
1. There exist multiple tenant use characteristics of this site that differentiate the
site and signage requirements from other sites in the GB zoning district south of
State Highway 5.
2. Other petroleum retailers within the same roadway corridor and zoning district
enjoy signage in excess of GB signage standards. To deny similar privilege to the
applicant would deprive the applicant of equal rights
3. The special circumstances supporting the variance request are, in part, related
to decisions by the Minnesota Department of Transportation regarding speeds
permitted in State Highway 5, adjacent to the site.
4. Under the circumstances of the site and site structure occupancy, the variances
will not constitute a special privilege to the applicant not enjoyed by other
property owners in similar circumstances.
5. The variances are the minimum necessary to reasonably address the hardship.
6. The purposes of the sign ordinance will not be materially negated to a greater
extent than by previously approved sign variances under similar locational
circumstances.
7. The sign design, is responsive to the finding specified by Section 535.10, Subd.
1, Paragraph G.
8. Variance approval will result in a lessening of the degree of non -conformity of
signage at the applicant" site.
9. Multi -tenant dwelling.
Based on the foregoing, the Planning Commission approves the variances applied
for with the following conditions:
1. Compliance with the 15 foot setback requirement, as measured from the south
right-of-way line of State Highway 5.
2. Subject to a 20 foot height maximum.
(Motion Passed 9-0).
M/S/P Berg/Gerard — to recommend the City Council direct staff to revisit the Sign
Ordinance as soon as possible.
(Motion Passed 9-0).
Lake Elmo Planning Commission Meeting Minutes
Monday, November 8, 1999 page 3
4. PUBLIC HEARING: Variance to setback requirements in
PF & GB Zoning District
Minor Subdivision
Site & Building Plan Review
Stephen Johnson, applicant
Upper 33'd Street & Lake Elmo Avenue
Planner Dillerud introduced this case by noting the "storage sheds" are located on the south side
of Upper 33rd Street; parallel to the railroad tracks; and, east of Lake Elmo Avenue. He discussed
the history and existing conditions of the site, as found in his staff report. He said Mr. Johnson
proposes to relocate the structure on this site to a location approximately 125 feet east of where it
is currently situated. Discussion and analysis included the legal non -conformity, change of non-
conforming use, minor subdivision, setback variances and site plan, as stated in the staff report.
He explained the Village Commission recommends the approval and supports the resulting
parking lot near Lake Elmo Avenue. He also noted that the City would have no practical control
over what was stored within the building. He said, based on the foregoing report, staff
recommends affirmative non -conforming use determinations and approval of Variances, Site Plan
and the Minor Subdivision.
Stephen & Elizabeth Johnson
2945 Lake Elmo Avenue
Mr. Johnson said his other property situated along the railroad tracks on the West Side of Lake
Elmo Avenue had been renovated and provided storage for the tenants in his apartment dwelling.
The Johnson's said the proposed storage sheds would indicate no additional parking needs; he is
proposing installation of a new concrete foundation 130 feet east of the current location, and
move the structures; 23-26 new parking spaces will occur near Lake Elmo Avenue.
Chairman Armstrong opened the comment portion of the Public Hearing at 8:10 p.m.
Susan Dunn
11018 Upper 33" Street
(Memo submitted and attached)
Robert Novak
2925 Klondike Avenue
Mr. Novak expressed his support for Mr. Johnson's proposal and said he sees the improvements
as an asset to the City. He noted that he is by the site of the storage sheds on the west side of
Lake Elmo Avenue daily, and in the past year has seen a vehicle parked there no more than 5
times. He said he sees this improvement as a win -win -win situation for the City, the Lake Ebno
Inn and Mr. Johnson, and urged the Planning commission to vote favorably.
Chairman Armstrong closed the comment portion of the Public Hearing at 8:14 p.m.
Planner Dillerud said the Village Commission indicates wood siding as their preference for the
exterior of the sheds, although perhaps impractical.
M/S/P Lipman/Gerard — to approve variances for Stephen Johnson to General Business
District setback standards for front, rear, and, parking driveway access width, at the
southeast corner of Upper 33rd Street and Lake Elmo Avenue based on the following
findings:
1. The lot size (6/10 acre) and shape (21.25 to 1 Aspect Ratio) constitute unique
circumstances not generally applicable to other properties in the GB or PF
zoning district.
Lake Elmo Planning Commission Meeting Minutes Monday, November 8, 1999 page 4
2. The literal interpretation of the provisions of Section 300 would result in
overlapping setbacks, and the inability to construct off street parking in any
reasonable configuration.
3. The parcel, even following enlargement by combination with an adjoining
parcel, results in the unique circumstances created by property owners
other than the applicant.
4. There is no other property owners with the exact unique circumstances
presented in this case. Therefore, approval of the variances would not result
in conferring a special privilege on the applicant not available to others.
5. There is no other site design that would reasonably mitigate the hardship.
6. Granting of the variance would not be detrimental to other property in the
GB or PF district, nor the purposes of Section 300.
AND,
Recommend after -the -fact approval of a Minor Subdivision for Stephen Johnson creating a
parcel of approximately 6/10-acre at the southeast corner of Upper 33'd Street and Lake
Elmo Avenue, also known as Geocode 1302921320088, based on the following findings:
1. The application documentation substantially meets the requirements of
Chapter 400 of the City Code.
2. The resulting parcel size, after combination, lessens the degree of non-
conformity with GB district minimum parcel area standards.
AND,
Recommend approval of the Site Plan for Stephen Johnson at the southeast corner of Upper
33rd Street and Lake Elmo Avenue dated May 28, 1999.
(Motion Passed 9-0).
Chairman Armstrong adjourned the meeting at 8:38 p.m.
Respectfully submitted, Cynthia Young -Planning Secretary
Lake Elmo Planning Commission Meeting Minutes
Monday, November 8, 1999 page 5
Noverriber 8, 1999
To: Lake Elmo Planning Commission
From:
Susan Dunn
11018 Upper 33`d Street
Lake Elmo
Re: Steve Johnson
Storage Sheds/Upper 33`d Street
Comments to be presented at the Public Hearing:
1. Ideally, I would like to see the storage sheds remain where they are currently situated.
2. I think the storage sheds should be for personal storage, no commercial storage.
3. The City of Lake Elmo has NO liability for the resulting parking lot.
4. During the relocation of the buildings, do not disrupt any underground utilities, e.g. recently
installed fiber optic cable.
5. There should be no exterior lighting installed.
6. No additions to the storage sheds should be allowed.
7. Efforts should be made to protect the surrounding property owners from any further adverse
effects, such as additional noise.