HomeMy WebLinkAbout04-8-02 PZM4
CITY OF
LAKE
ELMO
City of Lake Elmo
Phone: 651-777-5510
Fax: 651-777-9615
3800 Laverne Avenue North / Lake Elmo, Minnesota 55042
The Lake Elmo Planning Commission will meet
MONDAY, APRIL 8, 2002, at 7:00 n.m.
in the Council Chambers of City Hall, 3 800 Laverne Avenue North,
Lake Elmo, Minnesota
CONVENE AS REGULAR PLANNING COMMISSION
1. Agenda
2. MINUTES: March 25, 2002
3. PUBLIC HEARING: Zoning Variance — Minimum Lot Size
Patrick Kinney — PJK Realty, Inc.
4. PUBLIC HEARING: Open Space Preservation Concept Plan
Krongard/Wier
CONVENE AS MAINTENANCE ADVISORY SPECIAL PROJECTS
1. Agenda
2. TKDA - Community Facilities Forecast
1. Revised Demographic Information
2. Revised and Additional Information re:Services for other cities
3. Report on Building Inventory Condition Analysis
4. Next Steps
3. Public Works Request for Capital Improvement
%a, printed on recycled paper
MINUTES APPROVED: APRIL 8, 2002
LAKE ELMO PLANNING COMMISSION MINUTES
MARCH 25, 2002
Chairman Armstrong called the meeting to order at 7:00 p.m. in the Council chambers at
City Hall. PRESENT: Armstrong, Taylor, Deziel, Sessing, Helwig, Sedro and Planner
Dillerud.
1. AGENDA
M/S/P Helwig Deziel — to approve the March 25, 2002 Planning Commission Agenda, as
presented. (Motion passed 6-0.)
2. MINUTES: March 11, 2002
M/S/P Sedro/Helwig — to approve the March 11, 2002 Planning Commission Minutes, as
amended. (Motion passed 5-1Abstain Taylor)
3. PUBLIC HEARING: United Properties, Preliminary Plat of Outlot B
Eagle Point Business Park 2nd Addition
Planner Dillerud reported the preliminary plat is to replat one of the 2001 outlots in Eagle
Point Business Park to create the site for the Bremer Financial project, for which a Site
Plan has already been approved by the City Council. Dillerud explained the preliminary
plat is consistent with the process of land division, consistent wit the approved PUD Plan;
and consistent with the approved Site Plan for Bremer Financial. Staff recommended
approval of the preliminary plat.
Chairman Armstrong opened up the Public Hearing at 7:02 p.m.
There was no one to speak for or against the preliminary plat application.
Chairman Armstrong closed the public hearing at 7:03 p.m.
M/S/P Sessing/Sedro — to recommend to the City Council approval of the Preliminary
Plat of Eagle Point Business Park 3rd Addition per plans staff dated February 21, 2002,
subject to the following condition:
1. Compliance with the recommendations of the City Engineer. (Motion passed 6-0.)
4. PUBLIC HEARING Zoning Ordinance Amendment Accessory Structures
The Zoning Ordinance include a clause that requests the written approval by adjacent
property owners, as one condition for approval of location garages or other accessory
structures closer to the front property line than the principal structure on the lot. Planner
Dillerud explained the provision for property owners written approval is probable illegal
in this state, called referendum zoning. The City Council directed that the Commission
consider repealing that neighbor's permission clause from the code.
Chairman Armstrong opened the Public Hearing at 7:05 p.m.
LAKE ELMO PLANNING COMMISSION MEETING MARCH 25, 2002 1
There was no one to speak for or against the amendment.
Chairman Armstrong closed the Public Hearing at 7:06 p.m.
Commissioner Sessing suggested repealing the entire ordinance and have the applicants
go through the variance process. Chairman Armstrong stated this provision is not used
often, but would like some standards in place. Commissioner Sedro asked why the other
zoning districts are not included.
M/S/P Sessing/Helwig — to recommend to the Council repealing the entire ordinance
because this would allow granting a variance rather than require the applicant to go thru
the variance process. (Motion passed 5-1Deziel:A variance is a costly application and he
would rather set up some guidelines).
5. PUBLIC HEARING: Zoning Variances — Shoreland Overlay District
Kevin & Lori Peterson, 8278 Hidden Bay Ct.
Planner Dillerud reported the applicants have proposed two additions to the existing
home. A 288 sq.ft. addition to the north end of the home and a one level 120 sq.ft.
addition to the street side (east) of the home. The addition to the north end of the home
will be an expansion of the non -conformity of the structure and cannot be permitted
without a variance. The addition will be no closer to the OHW than the existing home
and within the required 100 foot OHW setback.
Planner Dillerud indicated the DNR had no objections with the variance request. The City
engineer has not responded on wastewater and staff needs to get his input before it goes
to Council.
Kevin Peterson stated they are looking for more space
Chairman Armstrong open up the Public Hearing at 7:22 p.m.
There was no one to speak for or against the zoning variances.
Chairman closed the Public Hearing at 7:23 p.m.
Commissioner Deziel asked Findings #5 be changed to "any addition to the existing
house would require a variance of this nature. This variance is the minimum variances
necessary to alleviate the hardship".
M/S/P Deziel/Armstrong — to recommend approval of the Shoreland Overlay District
variance for Lori and Kevin Peterson at 8278 Hidden Bay Court, based on home
expansion plans staff dated March 21, 2002 and the Findings of the Planning Staff Report
dated March 21, 2002 to include the word change of Finding #5 and add Finding #7;
contingent on the approval that the septic system will handle the house with the variances
approved by the City Eng. (Motion passed 6 -0).
6. PUBLIC HEARING: Family Violence Network/Dee Flatau
9730 Hudson Blvd, Rezoning from HB to LB, CUP
LAKE ELMO PLANNING COMMISSION MEETING MARCH 25, 2002 2
Planner Dillerud explained the zoning map has not been changed and still shows the use
as (HB) Highway Business, but guided as (LB) Limited Business and should have been
zoned LB years ago. This is a two part application, First part is to rezone to LB and then
deal with the CUP. Dillerud found out today there are a few physical modifications for
health, safety and welfare. Dillerud had talked to Filla, who stated even though this
facility is not specifically licensed; the proposed use is surely dependent care.
Beverly Dusso, FVN, explained this facility would be a short term shelter for women and
children. They need enough time, 3-5 years, to raise the money for a property site for a
permanent shelter facility. They are asking permission for a facade and to close all doors
to the outside. There is a need for a room to dine together and a staff room. This facility
would have a 32 maximum occupancy. There are no live in staff, but have three shifts.
Dave Engstrom stated they could live with the conditions now, usable for the purpose,
but may come back after talking to architect for a variance to add onto the building for
security and safety issues. A committee is working on building a new shelter so this
facility would be sold and the proceeds used to build a new facility.
Chairman Armstrong opened up the Public Hearing at 7:45 p.m.
There was no one to speak for or against the application.
Chairman Armstrong closed the Public Hearing at 7:46 p.m.
M/S/P Armstrong/ Taylor — to recommend to the Council approval of the rezoning of
9730 Hudson Blvd. from Highway Business to Limited Business, based on compliance
with the Comprehensive Plan. (Motion passed 6-0).
M/S/P Armstrong/Taylor — to recommend to the Council that the use posed by applicant
of FVN/HTC, Inc. is of the same general character as "licensed dependent care center".
(Motion passed 6-0).
Planner Dillerud explained if the Planning Commission is to approve the CUP then the
applicant should go to their architect and bring back for consideration no footprint
expansion doorway removal.
M/S/P Armstrong/Taylor — to recommend approval of a Conditional Use Permit for
FVN/HTC, Inc. to permit the use of the existing facility, with the enclosure of the
sidewalk area, doorway removal, and no footprint expansion, at 9730 Hudson Blvd. for
temporary housing of women and children based on a Finding that the proposed use
complies with the standards of Section 300.06, Subd. 4; and subject to the conditions
specified by the March 21, 2002 Planning Staff Report. (Motion passed 6-0).
7. Daniel Rude Variance
Planner Dillerud reported the City Attorney had investigated the history of the minimum
lot size in the Rl zoning and the platting of the site. The City Engineer reviewed the soil
investigation submitted by the Petersons for a new septic system a few hundred feet north
LAKE ELMO PLANNING COMMISSION MEETING MARCH 25, 2002 3
of the Rude site. Prew stated in his letter that it would appear that the 6,400 sq.ft of area
would be required for the two drain fields to serve the Rude site if the City owned land is
included.
Dillerud explained that the Council continued its consideration of a policy regarding sale
of city owned land.
Dan Rude didn't have any more to say than what was in his letter presented to the
Commission at their last meeting.
Commissioner Helwig asked the applicant to consider postponement until the Council
makes up its mind on whether they would sell city owned land. If the Council decides not
to sell Mr. Rude the land, then he would have a problem with the variance application.
M/S/P Helwig/Taylor - to table application until we get a definite response from the
Council if the land would be sold or not sold to Mr. Rude. (Motion passed 3-2
Armstrong, Deziel-1: Sedro abstain.)
Mr. Rude stated if the City permits selling lot, he would not go ahead with purchase if he
could not combine the land.
Commissioner Deziel wanted to approve variance contingent on sale of land. Armstrong
and Taylor would not approve. Sedro had a concern on septic if it will hurt the
environment around it.
Chairman Armstrong brought up his concern on the 60 day rule. This application could
have to go on the April 2 council agenda for Mr. Rude to request an extension. It is not
fair to the applicant and have the applicant come back and seeing no progress.
Commissioner Helwig stated if the Council denies variance application and then in a
certain month period the City sells the land, Mr. Rude now has to pay the variance fee.
Commissioner Sedro asked the City Eng to comment on the aggregate affect??
8. Allowable Uses in the Limited Business Zone
Chairman Armstrong stated if this is what the Commission wants to do then we should
not put the weasel words in it. He did have a concern about creating the Big Boxes. The
City will overhaul LB when the consultant gets hired to work on the zoning code. .
The following changes were recommended:
Exhibit 2, 3. Conditional Uses in Limited Business
Item #4 Business Services. The word "etc." gets you into trouble and should be deleted.
Item #9 Light Manufacturing What is light manufacturing??
Item #10 Limited Retail Sales should be stricken.
Item #11 Limited Retail Uses.....Move all the wording from right to left and leave as is.
Item #15 Restaurants and Cafeterias. The people don't want a McDonalds
LAKE ELMO PLANNING COMMISSION MEETING MARCH 25, 2002 4
Item #22 Other similar to Uses: Strike this item
Item #25 Accessory Uses. Dillerud stated this is common language. Add wording
"incidental to a permitted use or conditional use". The wording "as determined by the
Council is unusual".
The Commission agreed to taking out the language that is not specific and would get the
City into trouble.
M/S/P Helwig/Taylor — to deincorporate the recommendations made by Chairman
Armstrong. (Motion passed 5-1:Deziel).
Commissioner member Sedro suggested limiting by size.
Bruce Miller explained that a Best Buy is 45,000 sq.ft., Home Depot is 100,000 sq.ft. A
Big Box would be 20,000 plus sq.ft. He is trying to bring in something without requiring
utilities and is aiming for the office users. A Furniture store has the least amount of
traffic. A Best Buy and Home Depot give four times the amount of traffic. Mr. Miller
stated putting in a 10,000 sq.ft. building on 3 'h Acres is not economical. Impervious
surface is 40,000 sq.ft so the code does have some limitations.
Commissioner Sessing suggested limiting Big Boxes by traffic as in parking lot size and
the square footage of the building.
M/S/P Sedro/Helwig — that the conditional uses, after Chairman Armstrong's
recommendation for elimination and Light Manufacturing, be limited to the floor area to
under 20,000 sq.ft.. (Motion passed 4-2 Deziel, Armstrong — would have a hard time to
meet impervious surface coverage requirement.)
Planner Dillerud will provide a clean draft of the LB Uses for the Planning Commission
before they call a Public Hearing.
Commission adjourn the meeting at 8:40 p.m.
LAKE ELMO PLANNING COMMISSION MEETING MARCH 25, 2002 5