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HomeMy WebLinkAbout04-24-00 PZM4 CITY OF LAKE jiikELMO City of Lake Elmo 777-5510 f 3800 Laverne Avenue North / Lake Elmo, Minnesota 55042 The Lake Elmo Planning Commission will meet Monday, April 24, 2000, at 7:00 D.M. in the Council Chambers of City Hall, 3800 Laverne Avenue North, Lake Elmo, Minnesota. 1. Agenda 2. Minutes - April 10, 2000 3. PUBLIC HEARING: 3. Discussion: a.) b.) c.) AGENDA Variances to the Sign Code Richard Kosman Leslie's Floor Decor 11227 Stillwater Boulevard, Lake Elmo Tower Ordinance AG Zone Amendments Lighting Ordinance 4. Other 5. Adjourn t• printed on recycled paper APPROVED 5/8/00 Lake Elmo Planning Commission Meeting Minutes Monday, April 24, 2000 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, Helwig, Herber, Lipman, Mandel, Ptacek, Sedro, and Sessing. Absent: Commissioner Gerard. Also present: Planner Dillerud. 1. AGENDA M/S/P Helwig/Sedro — to accept the agenda, as presented. (Motion Passed 9-0). 2. MINUTES M/S/P Sessing/Helwig — to approve the Minutes from the April 10, 2000 meeting, as presented. (Motion Passed 5-0-3). Abstain: Berg, Herber, Mandel. (Lipman arrived after this vote.) 3. PUBLIC HEARING: Variances to Sign Code Richard Kosman Leslie's Floor Decor 11227 Stillwater Blvd. Planner Dillerud reviewed the site history and the previously denied sign variance requests from 1997, as found in the staff report. He said, in 1997 Mr. Kosman applied for a permit to construct a sign, which would replace the freestanding existing sign adjacent to State Highway 5. He said City Code specifies seven findings, which must be made in the affirmative prior to approval of any variance from the Sign Code standards and said it did not appear that several of the findings have been met. Rich Kosman (applicant) Leslie's Floor Decor Mr. Kosman said he had taken great pains to create a sign that would "fit in" with the designs of the Old Village. He noted the size of the proposed sign is the same as the existing sign, except it is rounded on the bottom, therefore making it easier for motorists to see underneath. He explained that his signage was the only way to designate what his business is as opposed to a car dealership or gas station, which have other visual indicators. Chairman Armstrong opened and closed the comment portion of the Public Hearing at 8:17 p.m., NO COMMENTS. Commissioner Mandel asked the applicant if he had attended a city meeting, along with other old village business owners in Lake Elmo, to discuss signage. Mr. Kosman said a meeting was discussed, but never occurred. Commissioner Mandel said the theory of the sign ordinance was to keep a more rural design and have smaller signs in the city. Commissioner Berg said he expected the applicant would appeal, should the Planning Commission deny, and that the City Council may direct the Planning Commissioner address sign standards in the old village. Lake Elmo Planning Commission Monday, April 24, 2000 page 1 Commissioner Mandel suggested the Lake Elmo old village business owners meet with the city to discuss the sign ordinance as it affects them and their business locations. Commissioner Brass suggested addressing sign standards along Highway 5 rather than in the entire old village area. Commissioner Helwig asked when the Gorman's Restaurant sign was changed, and Planner Dillerud said their sign permit was issued prior to the ordinance changes, but that they completed the construction after. M/S/P Armstrong/Sessing - to approve Resolution No. PZ2000-018, a resolution denying sign code variances for Leslie's Floor Decor, based on the following findings: 1. There does not appear to be extraordinary physical circumstances regarding this property that would support the variances requested. 2. The literal provisions of the Code themselves do not deprive the applicant of rights enjoyed by others in this zoning district. 3. The applicant's decision as to sign design and location are the results of the applicant. A sign could be designed on this site to fit the Code requirements. 4. Approval of the variances would confer rights on this property owner not enjoyed by other property owners in the district, except those previously granted sign variances of a similar degree under similar circumstances. 5. No real hardship has been demonstrated, as differentiated from a desire on the part of the applicant for updated signage. 6. The variances requested would further extend the record of variances for business signage from 1997 Code provisions, essentially amending the Code by variance. As such, the variances requested would be detrimental to the purposes of the sign code. 7. The design of the sign proposed would appear to respond affirmatively to the subjective design standards of the Code. (Motion Passed 9-0.) 4.a Tower Ordinance M/S/P Lipman/Sessing - to send the draft Tower Ordinance to the City Council for review, and request direction to call a Public Hearing in that regard. (Motion Passed 7-0-2). Abstain: Berg, Helwig 4.b AG Zoning Amendments The Commissioners reviewed the current AG Zoning amendments, and discussed low impact uses in the non-agricultural zoning districts. Chairman Armstrong agreed to present an amended draft at the next Planning Commission meeting. 4.c Lighting Ordinance (Postponed) 5. Other - Zoning - Livestock Chairman Armstrong presented two letters (attached) from residents requesting amendments to Chapter 3, Zoning subd. 15.E, Livestock. Lake Elmo Planning Commission Monday, April 24, 2000 page 2 M/S/P Helwig/Sessing - to recommend the City Council consider amending the zoning code, specifically putting Lake Elmo's requirements for Livestock in line with Washington County's recommendation which is 5 acres for 1 horse and 1 acre per additional horse. (Motion Passed 9-0). Chairman Armstrong adjourned the meeting at 8:45 p.m. Respectfully submitted, Cynthia Young -Planning Secretary Lake Elmo Planning Commission Monday, April 24, 2000 page 3 To: Lake Ehno Planning Conunission From: Carter & Tracy Adkins Subject: Zoning Ordinance 300, sub 15-E Date: April 17, 2000 \pa_ Q(-o-Uc) RECEIVED N ? 1 LUUU CITY OF LAKE ELMO Dear Ladies and Gentleman of the Lake Elmo planning conunission. We are writing you today to express our interest in changing the current ordinance: Lake Elmo Municipal code, Chapter 3-zoning, 300-Zoning Ordinance, sub 15-E Livestock. Our property is located at 814 Lake Elmo Ave. N. in Midland Meadows and have lived their since September of 1998. We have spoken with our neighbors about transporting our two horses from Sonunerset Wisconsin to our property in Lake Elmo as our property is ample enough to sustain two horses at 6.88 acres. There was no opposition to the proposal, however, the ordinance states that there must be 10 acre minimum to have a horse. In my opinion, which is shared by many of our neighbors as well as Bob Olsen from the University of Minnesota Extension Services, this ordinance is not in line with surrounding communities or Washington County. We took the opportunity to have Bob visit our property and discuss the ability to sustain horses on our property and came to the conclusion that it was of ample size and sustainability. Examples of surrounding communities: 0 West Lakeland 2.5 acres per horse 0 Stillwater Township 5 acre for 1 horse + 1 acre per additional horse 0 Bay Township 5 acre for 1 horse + 1 acre per additional horse 0 May Township 2 grazeable acres per horse, no minimum 0 Afton 5 acre for 2 horses + lacre per additional horse 0 Woodbury 5 acre for 1 horse + Isere per additional horse 0 Washington County 5 acre for 1 horse + lacre per additional horse We were unable to ford an ordinance as stringent as Lake Elmo and we called many cities. Some cities that were not listed do not have policies as there properties are comprised as city lots. Our land valuation, not the house, have gone up over 100% over the past year which substantially increased our property tax. We feel thankful to live in Lake Elmo as well as to be able to have such a large parcel of land, however, we do feel obliged to sustain our horses on the property too. We are not wealthy people and have worked hard to save enough money to be able to own our land which was purchased over five years ago. We cannot afford to purchase and build a house on 10 acres in Lake Elmo, nor do we feel we should have to. It is my understanding that the Lake Elmo philosophy is to maintain its rural character which is hypocritical to this specific ordinance. Horses are beautiful, non -aggressive and quiet animals that are not a disturbance to anyone when well maintained. They generally increase property values and add to the rural feeling in our conununities. There are currently no ordinances pertaining to acreage minimums for dirt bikes or A.T. V's which are noisier, pollutants, and more dangerous than horses. Obviously there is a need to sustain an ordinance to prevent the possible misuse of land for horses for all of our sakes, however, 10 acres is much too high of a minimum. The 10 acre minimum is destructive to us that cannot afford to have that Iarge of a parcel in a community that is so rich with character, nor does the 10 acre minimum provide benefit to anyone in the community. Lets do what is right and change the ordinance to 5 acre minimum. Sincerely, Carter and Tracy Adkins 814 Lake Elmo Ave. N. Lake Elmo, Mn. 55042 436-3295 i Zbittc,i(Lt April 24, 2000 g1 Lake Elmo Planning Commission Lake Elmo, MN 55042 To Whom It May Concern: Oho 400 0 The current zoning for Midland Meadows states that you need 10 acres in order to have horses. Per this note I'm asking that you review this at your next meeting and change the acreage from 10 to 5 acres in order to be consistent with the surrounding areas.. Regards,