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HomeMy WebLinkAbout03-29-04 PZMCi7Y OF��1 LAKE ELMO City of Lake Elmo 651/777-5510 3800 Laverne Avenue North / Lake Elmo, MN 55042 The Lake Elmo Planning Commission Will hold a meeting on Monday, April 12, 2004 at 7:00 n.m. In Council Chambers, Lake Elmo City Hall 3800 Laverne Ave. N. Lake Elmo, MN 55042 AGENDA 1) Pledge of Allegiance 2) Agenda 3) Minutes of March 29, 2004 4) Public Hearing: OP/CUP/OP Development Stage Plan and Preliminary Plat WHISTLING VALLEY 21413 ADDITION 5) City Council Update 6) Adjourn The public is invited to attend. t� printed on recycled paper APPROVED: APR. 12, 2004 City of Lake Elmo Planning Commission Meeting Minutes March 29, 2004 Chairman Helwig called to order the meeting of the Lake Elmo Planning Commission at 7:00 p.m. Commissioners present: Sessing, Deziel, Sedro, Berg, Pelletier, Ptacek. STAFF PRESENT: Chuck Dillerud, City Planner and Kimberly Schaffel, Recording Secretary. Pledge of Allegiance Agenda M/S/P, Sessing/Deziel, To accept the Agenda as presented. VOTE: 7:0. Minutes of February 23, 2004 M/S/P, Ptacek/Deziel, To amend the second to the last motion by striking the words from "above three feet from the ground," and changing it to "Open to air and light from the ground up." VOTE: 6:0:1 (Abstain: Sedro). M/S/P, Deziel/Helwig, To accept the Minutes of February 23, 2004 as amended. VOTE: 5:0:2 (Abstain: Sessing/Sedro). Minutes of March 15, 2004 M/S/P, Sessing/Sedro, To accept the Minutes of March 15, 2004 as presented. VOTE: 5:0:2 (Abstain: PtaceldBerg). Public Hearing — Variance — Eisele The Planner reported that he worked with the applicant to figure out where to place a gargarethe structure on the site without a variance. The Planner said that because of the irregularity of the parcel boundaries and the location of the septic drainfield, the applicant has chosen the east side of the parcel to locate the proposed garage. The applicant has requested a variance for a side yard setback of four feet where ten are required; and a front yard set back of sixteen feet where thirty feet is required. Staff suggested the following findings: 1. The property cannot be put to reasonable use without granting the variance requested. Reasonable use must be defined in the context of contemporary housing standards and design. The proposed garage addition is in keeping with both. 2. The variance requested results from circumstances unique to properties where principal structures were constructed prior to adoption of current zoning regulations; and the circumstances of the variance were not solely created by the applicant. 3. Granting of the variance will not change the essential character of the neighborhood. The Planner recommended approval of the variances requested with the following conditions: 1. No driveway or turning area shall be located closer than five feet from any property line. 2. No "privacy fence" as depicted on applicants' survey is hereby approved. The applicant shall make separate application for a Fence Permit, and comply with fence standards of the City Code. The Planner said that notice was sent to surrounding property owners; and, that two neighbors have expressed no objections. Two additional observations were made by others: the size of the garage at 32 X 26 is very large, and 29% of the site would be covered by impervious surface. He noted that while there are no impervious standards in the R-1 District, that issue might also be addressed. Commissioner Deziel asked if there is a requirement for width of driveways. The Planner responded that the requirement is at the curb cut, and there is no curb cut here. Planning Commission Meeting Minutes of March 29, 2004 1 APPROVED: APR. 12, 2004 Commissioner Sedro remarked that there are similarities to a variance recently requested in the Tri-Lakes neighborhood. The Planner said the cases are similar. Commissioner Deziel noted that this variance request is a side yard to rear yard situation, and the rear setback standard is forty feet. In the other case the structures were much closer together as sidce yard top side yard. The neighbor in this case is much farther away. The existing picture window on the front of the house would be blocked by moving the garage further north. Mr. Eisele, Applicant Eisele noted that stakes for the property are found in the center of the present gravel driveway. The Eiseles have an easement across the two other properties north and east for ingress and egress. Commissioner Deziel asked about the size of the turnaround in the driveway. Mr. Eisele said they will eliminate the turnaround portion of the driveway if necessary. THE CHAIRMAN OPENED THE PUBLIC HEARING AT 7:43 PM Nobody came forward to speak. THE CHAIRMAN CLOSED THE PUBLIC HEARING AT 7:44 PM Commissioner Sessing asked how far from the northeast corner does the gravel road come before it turns in toward the house? Mr. Eisele replied that the driveway travels along his entire north line. He would remove five feet off the turnaround to help the situation. Commissioner Ptacek suggested that the garage size could be scaled down to a minimum variance request. Commissioner Deziel said the applicant has a modest sized house, and it shouldn't count against him. He does not see a problem with the size of the garage. He said it is a reasonable compromise and solution in terms of uniqueness of the situation. Chairman I-ielwig said it is a big garage and only four feet of setback. I-Ie would be inclined to a garage sized around 24 feet wide and 22 feet deep, to get that side setback up to six feet. Commissioner Sedro asked if the standard of minimum variance that would mitigate the hardship is still in the State Statute. The Planner said it is. M/S/P, Ptacek/Sedro, To recommend approval based upon the Findings in the Staff Report dated March 24, 2004, and with an additional condition: To reduce the side setback variance two feet (allowing a 6 foot side setback)and the front setback variance four feet (allowing a 20 foot front setback), and the five feet driveway setback should be maintained to the maximum degree practicable to maintain access. Commissioner Ptacek said the project needs to be in tune with the scale of the neighborhood. Commissioner Deziel asked the applicant if the project was still doable or would the conditions destroy their plan. The Planner said the Commissioners have the right to recommend modification of the variance in accordance with the ordinance and their functions. The modifications proposed by the Motion would also reduce impervious coverage. Planning Commission Meeting Minutes of March 29, 2004 2 APPROVED: APR. 12, 2004 The applicant said he understands it is tight quarters, and if it helps, he will redraw his plans to meet the setbacks specified by the Motion. VOTE: 7:0. Amended Site Plan for Hiner Development — Mulligan Masters The Planner said that last year the Planning Commission approved rezoning to AG with a CUP for commercial recreation, in order to construct a golf practice facility on a 40 acre site. Most grading and landscaping, irrigation, etc., is finished, but structures originally planned have not as been constructed. The Planner reported that the applicant has submitted a proposal to modify the approved site plan. Ponds have been enlarged and deepened, and some other adjustments have occurred within the site. The clubhouse plans show it is reduced significantly in size and no longer a two-story. The maintenance facility has increased in size, perhaps because of the clubhouse reduction. The Planner said the applicant would like to locate a temporary office facility at the west end of the site. It will be used for ticket issuing and as a temporary office until the other buildings are constructed. He reported that the Zoning Ordinance does not address a temporary mobile office facility in the AG Zone. The Planner suggested the Commission address this issue, and provide the City Council with a recommendation on whether to allow a temporary structure. The applicant would like the temporary structure on -site until the end of the season. Applicant, John Means, Director of Mulligan Masters Mr. Means displayed a three-dimensional model of the site. He said the ponds were changed because the water drained a certain way. After the winter, the ponds are full. The developers tried to come up with a way to make golf more attractive to women and children. There will be a daycare facility and a kids' club. He said their goal is to make Mulligan Masters a year-round facility. The entire facility is done except for the first tee box, and the maintenance shed. The clubhouse is not done. Mr. Means said that the SBA Loan was a problem at the end of the building season last year. The proposed temporary structure would be needed in the next couple of months. The developers have not abandoned the plan for the clubhouse. They are not sure just what balance of services will work best. The proposed temporary structure is made by GE Capital, and an awning will be made. He said the structure measures 12 X 44. He said their goal is to have the two structures built by June 6, and move the temporary building to the south end of the site by the kids' area for the summer until school starts. Commissioner Deziel asked what happens to the kids' club next season. Mr. Means said they will build a small facility for a bathroom and check in. Commissioner Pelletier asked if the equipment building is larger, will the clubhouse possibly be the original size. Mr. Means said the clubhouse wouldn't be any bigger. The Planner noted that he had incorrectly labeled that structure on one of the graphics attachments as the clubhouse, but it is the check -in building. Commissioner Sessing asked if there would be individual septic areas for the two buildings. Mr. Means said they would be combined in one system. The Planner said the City normally requires construction of a primary structure before an accessory structure, but he is not bothered by this proposal because there has been a huge investment already. He said he does not think this will be an issue. M/S/P, Ptacek/Sessing, to recommend to the City Council the approval of the Site Plan Amendments for Hiner Development/MM Golf One, LLC at 400 Keats Avenue, per plans staff dated March 25, 2004, and based on the following conditions: Planning Commission Meeting Minutes of March 29, 2004 3 APPROVED: APR. 12, 2004 1. Exterior surfacing of the maintenance structure shall continue to be consistent with the plans approved for this site in 2002. 2. A temporary office trailer, as depicted by submitted plans, is approved, but shall be removed from the site by October 31, 2004. No extension of this approval will be considered by the City. VOTE: 7:0. Zoning Ordinance Drafts were distributed representing approximately 90% of what the City's new Zoning Ordinance will be. TDR is not in there yet. Dick Thompson and the Planner are drafting that themselves. Another two weeks before the Planner can finish reading it. TDR has a few issues that have to get passed the City Attorney. So far they are structural issues not content issues. Special Exceptions decided by Board of Appeals, and that section is not there. Modifications made by the Planning Commission are there in legislative format. City Council Update There was brief discussion of Met Council issues. The Supreme Court has taken the case, but no idea when it will be argued. A House of Representatives' Bill would have enabled us to drop the lawsuit, but it was not successful in Senate Committee. We have not hired an Assistant Planner. With a new City Administrator, we would not need one. Fences go to City Council on April 6. The council agreed to wait to see the Planning Commission's draft before doing anything else. 8:32 pm adjourned. Respectfully submitted, Kimberly Schaffel Recording Secretary Planning Commission Meeting Minutes of March 29, 2004 4