HomeMy WebLinkAbout11-24-03 PH PZMCity of Lake Elmo (
Planning Commission Meeting
Minutes of November 24, 2003
APPROVED: DEC. 8, 2003
Chairman Helwig called to order the Lake Elmo Planning Commission Meeting at 7:00 p.m.
COMMISSIONERS PRESENT: Meldahl, Johnson, Sedro, Van Pelt, Bunn, Ptacek, Pelletier, Deziel 7:06
p.m. STAFF PRESENT: Chuck Dillerud, City Planner; Tom Bouthilet, Acting Finance Director; and
Kimberly Schaffel, Recording Secretary.
AGENDA
No Minutes were prepared for this meeting. M/S/P, Johnson/Bunn, To amend the Agenda. VOTE: 8:0.
PUBLIC HEARING — VARIANCE - OHW AND SIDE YARD — REED — 8056 HILL TRL
A letter was distributed from Mr. and Mrs. Reed that arrived too late to become part of the staff report.
The letter will be attached to these Minutes.
The City Planner reported that this parcel is comprised of six Tots and two half lots from a decades old
plat. A portion of the existing home is located within the OHW Setback. This proposal represents a
modification of a non -conforming use. He observed that simply because of the non -conforming use, the
proposed remodel and addition really has little impact on the OHW. The side yard setback is a different
issue.
He reported that the second portion of the variance request is for side yard setback on the south side of the
lot for a new garage. The new garage would be setback only 2.5 feet from the south property line. On the
north side of the property, the setback is less than 7 feet. Access to the rear of the property might be
necessary for maintenance or repairs to the 201 System and septic holding tank. Vehicle access generally
requires 8 feet. He noted that this is the potential problem. He added that the second issue to consider is
the drainage and maintenance issues of a structure 2.5 feet from a property line. If the gutter, roof, or wall
needed maintenance, 2.5 feet would be too close. A bedroom count was used when the 201 System was
designed. This system was designed for three bedrooms at this address. He cautioned that the old garage
must not become another bedroom, or the 201 system would become overloaded from the original design.
The City Planner's recommended Findings were:
1. This property could be put to contemporary reasonable use without the variance requested.
The garage could be redesigned or relocated to allow for ten feet of setback on the south
property line.
2. The OHW setback is not really an issue. That zoning change puts no blame on the owner.
3. The remodel will not change the essential character of the neighborhood. It would probably
be an improvement.
Staff suggested the Planning Commission recommend denial to the City Council. However, the
Commission might ask the applicants if they wish to table for no more than thirty days for them to
consider alternative designs or scale.
Commissioner Bunn
She asked about structures and conditions around that property line, and if the neighbor was in the
audience. She expressed concern that heavy equipment would not be able to get into the rear yard.
City Planner
He had some photos of the property line area, and the neighbor was not in the audience.
Lake Elmo Planning Commission Meeting Minutes of November 24, 2003 1
NOTICE OF PUBLIC HEARING
The Lake Elmo Planning Commission
Will conduct a Public Hearing on
Monday, November 24, 2003, 7:00 p.m. at
Council Chambers
Lake Elmo City Hall
3800 Laverne Avenue North
Lake Elmo, MN 55042
The Planning Commission will conduct a Public Hearing to consider an application from Jeff and
Kelly Reed for a variance from the Shoreland District standards to permit enlargement of a non-
conforming structure within the OHW Setback, and a variance from the side yard setback
standards of the Lake Elmo Municipal Code. The residence is situated approximately 65 feet
from the Ordinary High Water level of Lake Demontreville where a setback of 100 feet is
required (Section 325, Subd. 4. A. 1 [Table]), and 2.5 feet from the side property line where 10
feet is required (Section 300, Subd. 4. C. 3. [Table]) The property address is 8056 Hill Trail
North, and the Parcel Identification Number is: 04.029.21.33.0039.
All persons who wish to be heard regarding this Variance request will be given an opportunity at
the Public Hearing. Written comments will be accepted up until the time of the Public Hearing.
Charles E. Dillerud
Acting City Administrator & City Planner
City of Lake Elmo
651/777-5510
3800 Laverne Avenue North / Lake Elmo, MN 55042
CITY OF LAKE ELMO
PUBLIC HEARING NOTICE
The Lake Elmo Planning Commission will conduct a Public Hearing on Monday,
November 24, 2003, at 7:00 p.m., in Council Chambers at City Hall, 3800 Laverne
Avenue North, Lake Elmo, Minnesota, to consider the 5 Year Capital Improvement
Program, 2004-2008.
All persons wishing to be heard regarding the 5 Year Capital Improvement Program,
2004-2008, will be given an opportunity at the Public Hearing. Written comments will
be accepted up until the time of the Public Hearing.
Charles E. Dillerud
City Planner
Published in the Friday, November 14, 2003, Stillwater Gazette.
printed on recycled paper
APPROVED: DEC. 8, 2003
Commissioner Deziel ( (
He asked which window the applicant wrote about, and where the 100 year old tree was located. He
expressed concern for safety issues, fire.
Jeff and Kelly Reed, Applicants
They stated that they had received the staff report late Friday afternoon. They distributed a notebook of
information. Page 3 indicates no bedrooms or bathrooms will be added. They originally looked at
building a three -car garage. The Planner had indicated to them that this would probably be excessive.
They scaled it back to a two -car garage. A dotted line on a photo of the existing garage shows where the
proposed garage would be. Mr. Reed pointed out the window that would be blocked if the garage were
moved northward. He observed that the strip of neighboring land to the south is open, then there are
woods, and the neighboring house is 40 or 50 feet away.
Mr. Reed stated that they have no air conditioning units on the north side of the house; and that the
Johnsons do have air conditioning units on the south side of their house. He suggested that the Johnson
expansion has implications to the Reed property. He noted that there is a clear path on the north side of
the property except for landscaping and timbers.
Mr. Reed explained that they are asking to replace the rear deck in the exact same footprint. It has sunk,
and jacking it up did not help. The kitchen would get a bump -out on the front of the house to create an
entry. The roof at the front of the house has a slope/dip in it that would be remedied at the same time.
To try to accommodate access, Mr. Reed said that they propose a large door on the rear of the garage to
provide access to the septic tank. Septic pumpers currently use a hose from a truck parked on the street.
Mr. Reed showed a drawing of the original plan from last March with the larger garage. Building a stand
alone garage would lose the tree but gain ten feet of access around the garage. It would still need some
side yard setback. If they move the garage to be five feet from the side yard, they will cover the window
of the bedroom. That is an escape route in case of fire.
Commissioner Ptacek
He asked if there was a reason for the pitch of the roof.
Jeff Reed
The 7/12 pitch and the addition above that is very strange. Nobody would build like that today. To fix it
would be astronomical cost. The valley created to match the existing pitch has to be constructed by hand.
He said it will also allow five feet clear in the center of the attic floor for storage.
Commissioner Deziel
The Commissioner asked if a variance should be created for storage.
Commissioner Bunn
She observed that the current driveway is front -loaded, and suggested lowering the driveway elevation.
Jeff Reed
I -le agreed but said the pitch from the road to the garage is very steep. 10 feet of block, and a 108 inch tall
wall - if the elevation is dropped, he did not understand how it would work. He pointed out is that the
south side neighboring lot has nothing on it. Mr. Johnson to his north has a greater impact with his
addition.
Commissioner Ptacek
1-le pointed out that Mr. Johnson met his sideyard setback.
Commissioner Sedro
She suggested that relocating the garage eliminates a need for encroaching on the neighbor's yard. We
Lake Elmo Planning Commission Meeting Minutes of November 24, 2003 2
APPROVED: DEC. 8, 2003
have to ask ourselves if we a( coating a bad situation. The tree is tempd j, the structure is not
considered to be so.
Jeff Reed
He stated that TKDA did drawings of the lines for the 201 system. The Reeds had to move a fuel oil tank
that sat right over where TKDA said the 201 line is located. It wasn't there. He has no idea where it sits,
but it is not where they show it on the diagram. To reroute a 4 inch PVC pipe is not much effort. The
only alternative is to put the garage in the middle of the front yard.
Commissioner Deziel
He pointed out that design would require a variance as well.
Jeff Reed
He said his neighbors have garages near the street. The Reeds don't want to do that because it removes
the tree and blocks everything. Two weeks ago the Planning Commission allowed a 40 foot garage to be
built next door. Everybody deserves a two -car garage.
THE CHAIRMAN OPENED THE PUBLIC HEARING AT 7:48 P.M.
No party requested an opportunity to speak.
THE CHAIRMAN CLOSED THE PUBLIC HEARING AT 7:49 P.M.
Chairman Helwig
He asked if the applicant would care to request a tabling of their variance application.
Jeff Reed
They do not know what else to do, and the City Planner does not wish to guide them.
Chairman Helwig
He advised the applicant that it was not the Commission's job either, and he offered thirty days if the
Reeds wished to table their application.
Jeff Reed
The applicant requested to table his application.
Commissioner Bunn
She is sensitive and sympathetic to the applicant. The applicants are trying to upgrade their home to meet
the needs of the family. However, it is an issue to have your only access through a neighbor's yard.
Large equipment has to get back there sometimes. The door on the rear of the garage is not high enough
for access for heavy equipment. The Planning Commission's job is to look at the long-term access.
Future adjacent owners may not allow it. She believed there were many other options available but some
will be more expensive. She suggested the applicants try hiring an architect to come up with a design that
will work.
Commissioner Ptacek
He observed that this could be a precedent with neighbors. They have to have ten feet side yard set back.
He observed that if we allow this type of precedent, we will have many others wanting to build out to the
property line.
Commissioner Van Pelt
He is also supportive of the Reeds' goal, but the main concern is encroachment on the south lot line. The
applicants should rethink other options. This case is different from the variance we dealt with a couple of
weeks ago.
Lake Elmo Planning Commission Meeting Minutes of November 24, 2003 3
M/S/P, Deziel /Van Pelt, To( .e this variance application for up to third
APPROVED: DEC. 8, 2003
ys.
Commissioner Sedro
She does not think the request for a garage is unreasonable but access to the rear of the lot is necessary.
City Planner
He asked if the commission wants to authorize the City Planner to grant more than thirty days to decide if
the applicants ask in writing.
The Commissioners agreed to authorize more than thirty days if requested in writing.
VOTE: 9:0.
MINOR SUBDIVISION — SOVEREIGN — 4415 OLSON LAKE TRL
The City Planner reported that Chapter 400 of City Code provides for a Minor Subdivision, allowing four
or less parcels that can be subdivided by a surveyor. Redivision of the larger resulting parcel is doable
but difficult due to road frontage. All the standards of the R-1 District are met; and, there appears to be
little choice of how to divide it otherwise. Frontages on both the lake and street are sufficient for both
parcels. The City Planner's observations on this application included the following:
1. This section of Ideal/Olson Lake Trail is part of a statutory dedication from the old days.
Four rods were statutorily created for road width by state law. We rarely use that much right-
of-way today. Any approval should establish the dedicated right-of-way through the City
Engineer and/or City Attorney.
2. The new parcel created should have to pay the mandatory public use dedication fee of
$1,500.00. On divisions of three or less parcels, that is a bargain. Usually it is done at 7 or
10% of the parcel value.
Commissioner Bunn
She stated that , viewing the graphics, Parcel B is subdividable. Even if divided into two parcels the
resultant Tots are going to be large compared to the neighbors.
Mike O'Rourke. an emnlovee of US Bank representing the Janet Sovereign Trust
He advised the Commission that distribution to the beneficiaries of the estate is the reason for this
application. There is no contemplated development there. He agreed with all items in the staff report
except the $1500.00 Park Dedication Fee. He repeated that they are not developing, only splitting and
giving the parcels to the beneficiaries of the estate.
City Planner
He noted that the intent to develop of the present land owner should make no difference.
M/S/P, PtaceldJohnson, To approve the subdivison of 4415 Olson as proposed by the applicant with two
conditions from the staff report dated November 21, 2003.
1. Convey in a manner acceptable to the City Attorney of a 50 foot wide street right-of-way along
Olson Lake Trail/Ideal Avenue frontage of the parcels.
2. Payment to the City of a $1500.00 Public Use Dedication for the single new parcel created by the
Minor Subdivision.
Commissioner Deziel
He advised the applicant that the Planning Commission has no right to waive Public Use Dedication fees.
VOTE: 9:0.
Lake Elmo Planning Commission Meeting Minutes of November 24, 2003 4
APPROVED: DEC. 8, 2003
This matter will be heard by the City Council on December 2, 2003.
PUBLIC HEARING — CAPITAL IMPROVEMENT PROGRAM
The Chairman opened the Public Hearing at 8:11 p.m.
No party requested the opportunity to speak.
The Chairman closed the Public Hearing at 8:12 p.m.
City Planner
He provided the commissioners with a bound copy of the 2004-2008 CIP as proposed by the staff. Acting
Finance Director, Tom Bouthilet was present for questions.
It is important for the Commission to provide to the City Council recommendations regarding whether the
CIP is responsive/contradicting the Comprehensive Plan.
Commissioner Ptacek
Where does the money come from where negative fund balances appear in the CIP?
Citv Planner
He advised that the City Council may have to have to sell bonds to make up the shortfalls.
Commissioner Bunn
She stated that the Old Village Streetscape Plans have resulted in cost calculations from $400,000 to $1.3
million. She asked why those amounts are not in the CIP.
City Planner
Part of those streetscape costs - for water mains and storm sewer replacement - are in the CIP in other
accounts than Tax Abatement.
Commissioner Bunn
She stated that the streetscape expenditures should be reflected in the CIP. She also noted that, even in
2008, there are not enough funds in the Tax Abatement Account to do the complete streetscape program.
She stated that she was also disappointed that the all of the recommendations of the Facilities Planning
Study was not in there. The Study recommendations were more than just city hall and public works.
There was a potential redesign of the Old Village with senior housing; the fire hall might be moved or
removed; and, a city library is a possibility. Even if we don't know the details of those projects yet, she
would like to see the numbers for that work in the CIP through 2008.
Commissioner Van Pelt
He agreed that Old Village Sidewalks and Streetscapes should be in the CIP. That seems to be an
appropriate part of the complete Old Village Plan.
Commissioner Bunn
She stated that she believed the CIP should reflect the entire streetscape plan and costs. The CIP should
include the whole plan proposed by the Village Commission; less what is ready included in other CIP
accounts. We talked about these costs being included in a bond issue that would involve City Hall and
other public improvements.
M/S/P, Bunn/Van Pelt, The next Planning Commission meeting should again address the CIP, and
include the Old Village Special Projects group to discuss Old Village planning and budget in order to
come to a conclusion as to inclusion of the Streetscape Plan in the CIP.
Lake Elmo Planning Commission Meeting Minutes of November 24, 2003 5
APPROVED: DEC. 8, 2003
Commissioner Van Pelt
He stated that he would like to see at least a placeholder in the CIP for the Old Village work, not
necessarily an exact dollar amount.
Commissioner Bunn
She stated that we need to hold a meeting as the Old Village Planning Commission to select which of the
streetscape levels we want to include in the CIP. Which do we want to include with the bonding issue?
Chairman Helwig
He expressed concern about the Fire Department deficit in the CIP. He noted that it is a pretty big hole.
City Planner
He advised that on Pp. 6 and 7, 2004, there is a line item for a Fire Study. In our Community Facilities
Report, that was a recommended item. That study might tell us more specifically whether what the Fire
Department requests in the CIP is what they really need, or is too little, too much, or just right. He
suggested the City shouldn't worry about the deficit shown in the CIP until then.
VOTE: 8:1, (Ptacek - The issue of Streetscapes in the Old Village is important, but the other two
projects proposed (a new city hall and maintenance facility) are more important.
Commissioner Deziel
He observed that the Fire Study suggested in the Community Facilities and Staffing Report included
more than just looking at the existing fire department. Regional fire services were also suggested as an
option to consider. We just don't have enough information to make a decision now. He questioned $2.15
million for just city hall, and not fire as well.
Commissioner Bunn
She asked about the line item for Cable in 2004, as to whether it is an upgrade; and, will we need a whole
new system for a new city hall?
City Planner
I-Ie responded that the first $40,000 is for the existing city hall, which we would take with to a new city
hall. The next $40,000 would be for additional improvements at a new city hall.
Commissioner Bunn
She asked for clarification regarding Carriage Station Park.
Tom Bouthilet
He responded that the first $40,000 for Carriage Station is creation of the tot lot, such as fill and grading.
That is what we spent this year. The 2004 amount will be for play equipment, and other improvements.
Commissioner Bunn
She asked if developers pay for public improvements related to the Old Village Design, such as trails,
wetland treatments, and quasi -public systems that might be included in those developments; or, do we
bond for them?
City Planner
He responded that there are trunk expenses and lateral expenses for water and sewer. Lateral expenses
are paid by the developer; trunk expenses are to expand our utility systems, and are paid from connection
fees charged by the City. The City builds and finances those trunk improvements.
Commissioner Bunn
She asked when will the City will begin to include that type of information into this type of document?
Lake Elmo Planning Commission Meeting Minutes of November 24, 2003 6
APPROVED: DEC. 8, 2003
Citv Planner
The Council has requested those numbers; and they have entered into several contracts with engineers to
develop the cost estimates.
Commissioner Helwie
He asked with regard to streets, are those shown as overlays only overlays, or do they include tearing up
existing streets?
City Planner
He responded that overlays are usually only milling of the existing surfaces and repaving. The street base
is good.
Commissioner Deziel
He pointed out that the $6600 on Page 13 under 2005 27th Court must be an error.
Citv Planner
He advised the Commission that the City is in good shape compared to other communities. The City has
next to nothing for bond indebtedness. The tax capacity rate decreased 15% for 2004. The Cit Council
did a good job on the budget last year.
Chairman Helwig
He advised the Commission that the Zoning Ordinance Workshop date will be Wednesday, December 3,
2003. 6:30 p.m.
City Council Update
The City Planner reported that the Roger Johnson variance was approved as recommended by the
Planning Commission. The City Council has authorized hiring an assistant planner.
Commissioner Bunn
She asked about a timeline for hiring a city administrator.
City Planner
He responded that the time line for such a process is generally 120 days from the search firm being hired.
ADJOURN 9:04 P.M.
Respectfully submitted,
Kimberly Schaffel
Recording Secretary
Lake Elmo Planning Commission Meeting Minutes of November 24, 2003 7