HomeMy WebLinkAbout10-22-01 PZMCITY OF
LAKE
jitELMO
City of Lake Elmo
Phone: 651-777-5510
Fax: 651-777-9615
v r 3800 Laverne Avenue North / Lake Elmo, Minnesota 55042
The Lake Elmo Planning Commission will meet Monday, October 22, 2001 at 7:00 p.m. in the
Council Chambers of City Hall, 3800 Laverne Avenue, Lake Elmo, Minnesota.
AGENDA
1. Agenda
2. Minutes - Wednesday, October 10, 2001 (Regular section only)
3. PUBLIC HEARING:
Variances
3681 Kelvin Avenue
Jon Reissner, Julie Pihaly, Ted Jessen
4. PUBLIC HEARING: City of Lake Elmo
Amendments to Municipal Code:
Section 300.06 Subd. 3. Variances
Section 300.06 Subd. 3. Board of Adjustment and Appeals
Section 200.01 Subd. 11. Board of Adjustment and Appeals
5. SITE PLAN & BUILDING REVIEW: Carriage Station Professional Park
Lot 1, Block 1
12414 55th Street North
6. Other
7. Adjourn
L.gd
elk
`* printed on recycled paper
Approved 11/14/01 Lake Elmo
Planning Commission
Meeting Minutes
Monday, October 22, 2001
Vice -Chairman Helwig 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, Sessing, Taylor, Ptacek, Mandel, Berg, Sedro 7:05 p.m.). Absent: Commissioners
Brass, Armstrong, and Herber.
1. Agenda
M/S/P Sessing/Deziel - to approve the Agenda, as presented.
(Motion Passed 7-0).
2. Minutes
M/S/P Berg/Deziel - to accept the regular portion of the October 10, 2001 Meeting
Minutes, as presented.
(Motion Passed 7-0-1) Abstain: Taylor.
3. PUBLIC HEARING: Variance to enlarge a non -conforming
structure in the Shoreland District.
3681 Kelvin Avenue
Jon Reissner, Julie Pihaly, Ted Jessen
Planner Dillerud introduced the application for a Zoning Variance with Shoreland Overlay
with multiple minor subdivision actions on the Beaubien land on the west side of Sunfish
Lake. He noted a Certified Survey from 1988 depicting the site, but could not track the City
action creating the site. He presented a site plan and an aerial view of the site. He mentioned
that he had met with the applicants earlier in the year and at that time, advised them of the
circumstances regarding Shoreland setbacks. He noted the location of the Ordinary High
Water places the existing house at least partially within the 100-foot OHW setback, and that
said that the house and septic system are almost entirely within the 150-foot OHW setback
that applies to Sunfish Lake Planner Dillerud said the applicant proposes to add a 1/2-story
to the existing structure with no increase in structure footprint. He said the height of the
structure would increase, but would remain well within the 35-foot maximum standard.
Commissioner Berg asked if the code discussed the vertical component [of the proposal].
Planner Dillerud said vertical is not a concern at this site. He suggested that as you look at
the existing residence, there might be a question that the proposed changes may impact
Sunfish Lake, however, Sunfish Lake is not a heavily used lake, and the residences that may
be impacted cannot sec the lake. Therefore, the elevation issue is not an issue.
Applicants Jon Reissner/Julie Pihaly thanked the Commission and said they spent some time
with the architect who created a design that would fit with the community.
Lake Elmo Planning Commission Meeting Minutes Monday, October 22, 2001 Page 1
Commissioner Deziel reminded the applicant that this proposal would limit them to a 2-car
garage.
Vice Chairman opened the comment portion of the Public Hearing at 7:18 p.m.
Chuck Harstad
3503 Kelvin Avenue N.
Mr. Harstad said he also lives on Sutfsh Lake, and looks at the variance as a very positive thing to
improve theproperty, and an opportunity to enhance the site. He stated he has no problem with the proposal,
and is looking forward to having the applicants as neighbors.
Vice -Chairman Helwig closed the comment portion of the Public Hearing at 7:29
p.m.
Commissioner Mandel said he thinks the applicant did a nice job, and presented a good
reason for a variance, and that a more usable house will result.
Commissioner Berg noted that in "fording No. 5", a vertical increase, the applicant is
maintaining the footprint, and feels this is important, and differs from other variance
requests, the applicant is keeping it exclusively vertical, and maintaining the footprint.
Commissioner Taylor said the applicant proposes an excellent plan, but expressed her
concerns regarding the septic system.
M/S/P Mandel/Berg — to recommend approval of Resolution No. PZ 2001-96, a
Resolution Regarding a Shoreland Standards Variance at 3681 Kelvin Avenue North,
based upon the following findings:
1. The site exhibits physical circumstance not generally found with
sites located in the Shoreland District in Lake Elmo. The site
exhibits significant topography (approximately 25 feet vertical
difference) from the water level of Sunfish Lake to the location of
the structure proposed to be enlarged vertically. The vertical
separation between the water and the structure location mitigates
the itnpact on the lake of foreshortened setback.
2. The applicant has documented the unique character of the living
space of the existing structure as substandard in comparison with
most other properties in the same district under the terms of this
ordinance. Reasonable property rights will be deprived, on that
basis, without the enlargement of the structure resulting from the
variance.
3. The placement of the existing structure, and sewage treatment
system within the OHW setback resulted from actions by the City
and previous ownership, not the direct actions of the applicant.
4. The requested variances, in quantitative terms, are well within
the range of those previously found to be inclusive of the intent
and purposes of the Shoreland District, and therefore approved —
that has not been denied, under similar quantitative
Lake Elmo Planning Commission Meeting Minutes Monday, October 22, 2001 Page 2
circumstances to owners of other lands, structures, or buildings
within the Shoreland Overlay District.
5. To accomplish overcoming the hardship documented by #2
above, the applicant has documented alternatives for the
enlargement of the existing structure. The applicant has
demonstrated that the enlargement alternative proposed —
exclusively vertically — is the minimum required to overcome the
demonstrated hardship.
6. The variance would not be materially detrimental to the purposes
of the Shoreland District, as noted by Finding #1, or to property
in the same zone.
and,
Subject to the following condition:
1. Inspection by a qualified party and certification to the City as to
the condition and proper functioning of the on -site septic
system prior to issuance of a building permit to modify any
portion of the existing structure.
(Motion Passed 8-0).
4. PUBLIC HEARING:
City of Lake Elmo
Amendments to Municipal Code
Section 300.06
Section 300.06
Section 200.01
Planner Dillerud said the City Council instructed the Planning Commission to consider
moving the variance approval process to the City Council, stating the Planning Commission
would continue to conduct the Public Hearings, and make recommendations on variance
applications. He said any appeals would go to District Court. Planner Dillerud explained the
Section 200.01 amendment, and the two Section 300 amendments. He said the City
Attorney and City Administrator created the draft ordinance before them.
Commissioner Deziel said, "As he understands this proposal, the [public] hearings would be
before Planning Commission, and decisions would be made by the City Council."
Planner Dillerud said, "Yes, that is correct."
Commissioner Deziel said, "This is preposterous, and I cannot believe I am hearing this. If
the City Council thinks this is a good way to bring people and government together, I don't
support this issue."
Commissioner Mandel said, "Aren't we just going back to the way we used to do this? Not
a problem if it was for the better. Whatever is consistent with what we used to do."
Lake Elmo Planning Commission Meeting Minutes Monday, October 22, 2001 Page 3
Vice -Chairman Helwig suggested that the City Council initiated this because there were too
many appeals.
Commissioner Sedro asked when the procedure was changed, what was the rationale at that
time.
Commissioners Berg, Mandel and Helwig concurred that the initial decision for the City
Council to approve the Planning Commission as the deciding body regarding variances was
because the Council was too busy to hear the variance requests.
Commissioner Ptacek said the Planning Commission is currently holding the Public
Hearings and making the decisions. He said he felt that the Planning Commission is a
volunteer body, which interprets the code, and does not bow to any political issue. He asked,
"Why should the Planning Commission take the brunt of the issue when their decisions get
appealed, anyway."
Planner Dillerud reminded the Connnissioners that the point of the Public Hearing is to
gather information and recommendations and decisions and should not be to hear what is
liked or disliked by neighbors — that is not legal. He explained that the key to a good public
hearing is based upon the information provided.
Commissioner Mandel said there used to be a City Council member present at Planning
Commission meeting, and there was something to be said for being there "at the moment."
Planner Dillerud said the City Council obviously did not feel it was necessary to have a
Council representative at the Planning Commission meetings.
Vice Chairman Helwig said, when hearing variances, it was common practice to table the
issue for two weeks, giving the Commissioners time to "digest" the information.
Commissioner Deziel said the City Council takes the Planning Commission's decisions and
changes them. He said his concern is always what is the best decision for the people of Lake
Elmo, and it seems as though the City Council does not want to hear the applicant's
presentations, but they want to be the body that makes the decisions. He said, in other
words, if the City Council is going to make the decision, they should hear the proposal. He
invited the resignation of anyone who does not have the interest of the people in mind.
Commissioner Sessing said, eventually, the City Council hears from the applicants.
Commissioner Deziel said the original hearing is where most of it [public testimony]
happens, and City Council Public Hearings are much smaller. He stated the citizen is
"shorted" at City Council meetings.
Commissioner Mandel said he felt the Mayor and City Council have always given people
enough time to make a point, and they are calm and approachable. He said he sees no
problem with making a change. He suggested a City Council member could attend Planning
Commission Public Hearings.
Lake Elmo Planning Commission Meeting Minutes Monday, October 22, 2001 Page 4
Planner Dillerud stated that the City Council wants to be the decision making body.
M/F Deziel-to table until the City Attorney reviewed the proposal, and get further
information.
Commissioner Taylor said having been through the process, she feels the Planning
Commission is a fact finding group, and applicants have always been given ample
opportunity to speak.
Commissioner Ptacek said he feels the Planning Commission operates as an objective party
and the Chair has a good way to discern fact from fiction, and guides in an objective
direction.
Commissioner Sessing said the City Council has grown accustomed to Planning Commission
opinions.
Commissioner Deziel asked if two Public Hearings are better than one.
Commissioner Sedro said the City Council can watch the Planning Cotmission meetings on
cable.
Vice Chairman Helwig opened and closed the comment portion of the Public
Hearing at 7:59 p.m. NO COMMENTS
M/S/P Ptacek/Sessing - to recommend approval of Ordinance No. 97- , and
Ordinance No. 97-
(Motion Passed 7-1). Opposed: Deziel; not a bone of logic in this entire thing.
5. SITE PLAN & BUILDING PLAN REVIEW:
Carriage Station Professional Park
Marquess Development Corp.
Lot 1, Block 1
12415 55'h Street North
Planner Dillerud introduced the third of four previously approved sites within the Carriage
Station Professional Park located on Highway 5 and 55th Street North. He noted that the
lantern -style exterior lighting fixtures did not meet the standards found within the Section
1350 of the Municipal Code. He reminded the developer that changes to exterior lighting
must be made to all buildings in the Planned Unit Development.
Joel Larson
Carriage Homes
Mr. Larson reviewed the exterior surface combination of materials to be used on the
proposed structure. He said the currently proposed structure was very similar to the two
previously approved plans, and he assured the Cotnmissioners and Planner that he would
Lake Elmo Planning Commission Meeting Minutes Monday, October 22, 2001 Page 5
make the necessary exterior lighting changes on the design of this proposed structure, and
that of the two previously approved site plans.
Sessing/Taylor — to recommend approval of Section 520 Site Plan for Lot 1, Block 1
carriage Station Professional Park subject to the following conditions:
1. Compliance with all applicable condition of City Council Resolution
#2000-40 approving the Planned Unit Development and Master Site Plan
for Carriage Station Professional Park.
2. Deletion of the proposed "Craftsman Outdoor Lanterns" with exterior
lighting fixtures in compliance with Section 1350 of the Municipal Code.
(Motion Passed 7-0-1) Deziel: Abstain, because of consistency.
Vice Chair Helwig adjourned the meeting at 8:10 p.m.
Respectfully submitted, Cynthia Young — Planning Secretary
Lake Elmo Planning Commission Meeting Minutes Monday, October 22, 2001 Page 6