HomeMy WebLinkAbout12-11-00 PZMCITY OF
LAKE
iiikELMO
City of Lake Elmo
777-5510
3800 Laverne Avenue North / Lake Elmo, Minnesota 55042
The Lake Elmo Planning Commission will meet on Monday, December 11, 2000,
at 7:00 p.m. in the Council Chambers of City Hall,
3800 Laverne Avenue North, Lake Elmo, Minnesota.
AGENDA
1. Agenda
2. Minutes - November 27, 2000
3. PUBLIC HEARING: James & Robin Dillon
8190 Hill Trail North
Shoreland Zoning Variance
4. PUBLIC HEARING: Terry Emerson - E&E Properties
5. Other
6. Adjourn
Re -Zone RR to AG
Zoning Variance
Condition Use Permit
1
% printed on recycled paper
Approved January 8, 2001
Lake Elmo
Planning Commission
Meeting Minutes
Monday, December 11, 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 Deziel, Taylor, Berg,
Brass, Sessing, Sedro, Herber, Mandel, and Ptacek. Absent: Commissioner Helwig. Also present:
Planner Dillerud.
1. Agenda
Add: 5.a Update on OP
5.b Update on Non-Conforming/100% Re -build
M/S/P Sessing/Berg - to approve the agenda, as amended.
(Motion Passed 9-0).
2. Minutes
M/S/P Taylor/Sedro - to accept the Minutes from the November 13, 2000 meeting, as
amended.
(Motion Passed 9-0).
M/S/P Berg/Sessing - to accept the Minutes from the November 27, 2000 meeting, as
amended.
(Motion Passed 9-0).
3. PUBLIC HEARING: James & Robin Dillon
8190 Hill Trail North
Shoreland Zoning Variance
Planner Dillerud said the site, fronting on the channel between Lakes DeMontreville and Olson, has
been the subject of past zoning ordinance variance applications, both involving the Dillon's and
previous owners. He noted the original home construction placed the structure within 28 feet of the
OHW of Lake DeMontreville, rendering the structure non -conforming to the Shoreland Overlay
District standard of 100 feet. He explained the Dillon's recently applied for a building permit to
remodel their home -requesting creation of a new interior foyer to the home, which would enclose
the existing front stoop area. He noted that approximately 66 square feet of new enclosed area
would be created, of which 48 square feet is presently roofed. Planner Dillerud stated the
application generally meets the variance standards that apply, and recommended approval of the
variance proposed, subject to the mandatory certification of the continuing integrity of the existing
wastewater treatment system.
James Dillon
(applicant)
Mr. Dillon had no additional comments, other than to clarify that the steps illustrated in the
application drawing will be changed, but still meet the code requirements. He presented a petition
signed by neighbors.
Chairman Armstrong opened the comment portion of the Public Hearing at 7:15 p.m.
Lake Elmo Planning Commission Meeting Minutes Monday, December 11, 2000 page 1
John Hamerly
9429 Jane Road North
Mr. Hamerly expressed his support for the Dillon project, and stated he felt there am many areas in the City zdrere
the m/lame standards need revisions.
Larry Paul
Resident
Mr. Paul stated he supports the Dillon proposal.
Greg Lohmer
8199 Hill Trail North
Mr. Lohmer suggested the City Council re-examine the txarianxe standards in the Tri-Lakes area.
Karen Johnston
8200 Hill Trail North
Ms. Johnston expressed her support for the Dillon proposal, and asked that the City Council re-examine the current
zoning ordnance for project of this kind.
Dean Johnston
8200 Hill Trail North
Mr. Johnston said he supported the Dillon's variance request, and said he felt the City Council should approze a
refund to the Dillon's in the amount of $620.00, which is the application fee for this proposal
Joe Kiesling
9359 Jane Road North
Mr. Kiesling suggested the City Council address the variance standards in the Tri-Lakes area of the City, and
discusses ordinance changes, as appropriate.
W. Rowe
Resident
Mr. Raw stated he favored the Dillon's request.
Chairman Armstrong closed the comment portion of the Public Hearing at 7:23 p.m.
Chairman Armstrong said as often as the Planning Commission hears variances in the Tri-Lakes
area, he would encourage the creation of a Tri-Lakes Zoning Commission.
Commissioner Deziel asked if the City had any latitude to the Shoreland Ordinance.
Planner Dillerud said the City could send a revised draft of the ordinance to the DNR, and perhaps
they would change the process.
M/S/P Armstrong/Sessing - to adopt Resolution No. 2000-, a resolution regarding
shoreland standards, approving the OHW setback variance for an addition of 66 square feet
to non -conforming structure wholly located within the OHW setback for James and Robin
Dillon, 8190 Hill Trail North.
(Motion Passed 9-0).
Commissioner Berg stated he would be not opposed to the formation of another
Commission to deal with just Tri-Lakes area recommendations, but reminded the Chairman
Lake Elmo Planning Commission Meeting Minutes Monday, December 11, 2000 page 2
that a Village Commission was formed, and the amount of time it took them to accomplish
some goals.
4. PUBLIC HEARING: Terry Emerson-E & E Properties
Re -Zone RR to AG
Zoning Ordinance
Conditional Use Permit
Planner Dillerud identified the site as a 70-acre parcel located in the Southwest Quadrant of
Manning Avenue and Hudson Boulevard. He said the primary activity on the site is irrigated sod
farming. He noted a rezone from RR to AG, Conditional Use Permit for Non -Agricultural Low
Impact Use, and Zoning Variances are indicated by the applicant. He discussed the rezoning of the
site from RR to AG would be consistent with the RAD Land Use Classification of the site would be
consistent with the Comprehensive Plan. He stated that the application for a CUP appears to
comply with the new standards specified by Section 300 for Non -Agricultural Low Impact Uses.
Planner Dillerud discussed the two variances applied for; a) to allow a 100 foot setback to Hudson
Blvd. where 200 feet is required by the Code, and b) open storage for a Non-Ag Use of equipment
over 26,000 tare weight, where the Code requires vehicles or mobile equipment under 26,000
pounds tare weight is allowed. He said the recommendation of Staff is to deny the variance to
exceed the weight maximum, but to also direct drafting of an amendment to the Non -Agricultural
Low Impact Use section of the Zoning Ordinance to provide for exceeding the weight maximum
under specific circumstances of the use -such as storage of earthmoving equipment not licensed for
roadway use, with such performance requirements as may be applicable.
Tim Freeman
Folz, Freeman & Dupay
Mr. Freeman explained that the applicant wants to move his business form the Manning/10' Street
site, and is anxious to relocate in Lake Elmo. He noted that the proposed site offers no residence
within 'h mile, and stated the applicant has no intention of expanding the current operation. Mr.
Freeman explained that currently, approximately 10 acres of the proposed site is irrigated by a
"boom" type device, which if 100 feet of boom were removed, reduces the AG use of this parcel
and the abutting parcel by 20+ acres. He noted that to relocate, this type of business is not
permitted anywhere within the City limits, and that the applicant requests an amendment to zoning
or a variance, which would allow him to remain doing business in the City.
At 8:05 p.m., Chairman Armstrong opened and closed the comment portion of the Public
Hearing, NO COMMENTS.
The Commissioners discussed site size, berming along I-94, and reducing the irrigated areas of the
site. Commissioner's Brass and Taylor said they would not support the proposal because the serene
viewshed would be compromised with a less than 200-foot setback. Commissioner Mandel
suggested installation of a berm might soften the look of the site. Commissioner Ptacek said he did
not think the applicant would suffer the loss of money by "cleaning up" the existing site at 10`h and
Manning, thus he said he felt there was no financial hardship regarding the variances. Connnissioner
Berg said he was more in favor of reducing the setback requirement than he was in reducing the
area, which is irrigated. Commissioner Berg also noted that an additional 100-foot setback from I-94
would not be of significant impact on the viewshed. Chairman Armstrong said he was not as
concerned with the setback requirement as much as he was with "proper screening" of the proposed
site.
Lake Elmo Planning Commission Meeting Minutes Monday, December 11, 2000 page 3
M/S/P Armstrong/Sessing - to continue the Public Hearing to the Monday, January 8,
2001 meeting.
(Motion Passed 9-0).
5.a OP Update
Planner Dillerud said the City Council had completed its "makeover" of the OP Ordinance and the
City Attorney had completed the draft code. He noted a Public Hearing would be noticed for
January 8, 2001. He also said a Public Hearing regarding the amendments to the Zoning text,
adding a new section as an Overlay District providing architectural standards for new
commercial/rehabilitation within the Old Village geographic area.
5.b Update on Non-Conforming/100% re -build
No report at this meeting.
Chairman Armstrong adjourned the meeting at 8:40 p.m.
Respectfully submitted, Cynthia Young -Planning Secretary
Lake Elmo Planning Commission Meeting Minutes Monday, December 11, 2000 page 4
City of Lake Elmo
Planning Commission
3800 Laverne Ave. N.
Lake Elmo, MN 55042
December 11, 2000
Re: Variance/Section 325 — Shore land District
Jim & Robin Dillon — 8190 Hill Trail N.
Dear Planning Commission,
My wife Geri and I live at 8186 Hill Trail N. and we are the closest neighbors to
the Dillons. We wholeheartedly support their plans to enclose their existing 6' X l 1'
patio -entrance, creating a foyer area. We believe this will improve the utility of the patio -
entrance and will enhance the outward appearance of this area. It is an improvement of an
existing structure, away from the lake and in fact, cannot be seen from the lake.
We strongly urge you to approve the variance for this work.
Sincerely,
.Fred L. Pa
G}dine F. Paul
ar
James and Robin Dillon
8190 Hill Trail North, Lake Elmo, MN 55042
Lot 4, J.L. Cohn Subdivision
(651) 773-9162
As part of a large remodeling project, we would like to enclose a small (6' x 11') existing
stoop, thus making it a small foyer area. This area is on the street side of our home, and
cannot be seen from the lake. Further, it is the smallest addition we can make and still
accomplish our goal.
Due to the new shoreland ordinance setback requirements, our home became a non-
conforming structure. Expansions to non -conforming structures now require a variance.
The expansion we are requesting, we feel, would routinely be permitted to other
homeowners, therefore, it should be permitted.
If you are in favor of our addition, please sign our petition. If you are opposed to our
addition, there will be a public hearing at 7:OOPM on Monday, December 11, 2000 at
City hall.
Thank you,
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James and Robin Dillon
8190 Hill Trail North, Lake Elmo, MN 55042
Lot 4, J.L. Cohn Subdivision
(651) 773-9162
As part of a large remodeling project, we would like to enclose a small (6' x 11') existing
stoop, thus making it a small foyer area. This area is on the street side of our home, and
cannot be seen from the lake. Further, it is the smallest addition we can make and still
accomplish our goal.
Due to the new shoreland ordinance setback requirements, our home became a non-
conforming structure. Expansions to non -conforming structures now require a variance.
The expansion we are requesting, we feel, would routinely be permitted to other
homeowners, therefore, it should be permitted.
If you are in favor of our addition, please sign our petition. If you are opposed to our
addition, there will be a public hearing at 7:OOPM on Monday, December 11, 2000 at
City hall.
Thank you,
Name
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Subj: Variance-8190 Hill Trail North
Date: 12/07/2000 8:05:22 AM Central Standard Time
Drn: Rowe261@cs.com
o: LakeElmoCLY
CC: RabbiAnn
Att: Cynthia My name is William N. Rowe and my
wife is Nancy S. Rowe. We live at 8286 Hidden Bay Court North, Lake Elmo MN 55042.
We are sending this Email,since we are currently in Florida and cannot attend the
hearing next Monday, Dec.11th, notice of which we received here, Dec. 1st. We want to join our other neighbors in
signing a petition circulated by the Diltons, a copy of which was Emaiied to us by them.
We strongly believe their request for variance should be granted and would appreciate
you adding our names to the petition that will be presented to the Lake Elmo Planning Commission on Monday.
Sincerely,
Bill and Nancy Rowe
If it necesary to verify the authenticity of this message, please contact at the above Email address or phone us
at: 941-466-6155.
Thursday, December 07, T000 America Online: RabbiAnn Page: 1
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