HomeMy WebLinkAboutPZ Minutes; 8-26-19
Lake Elmo Planning Commission Minutes; 8-26-19
City of Lake Elmo
Planning Commission Meeting
Minutes of August 26, 2019
Commissioner Weeks called to order the meeting of the Lake Elmo Planning Commission
at 7:00 p.m.
COMMISSIONERS PRESENT: Cadenhead, Hartley, Holtz, Risner, Steil and Weeks
COMMISSIONERS ABSENT:
STAFF PRESENT: City Engineer Griffin, Planning Director Roberts, City Planner Prchal
Approve Agenda:
M/S/P: Hartley/Risner move to approve the agenda, Vote: 6-0, motion carried
unanimously.
Approve Minutes:
Weeks asked that the record reflects that the Public Hearing was opened and closed.
M/S/P: Hartley/Cadenhead, move to approve the July 22, 2019 minutes as amended,
Vote: 6-0, motion carried unanimously.
Public Hearings
9447 Stillwater Boulevard N. Variance Requests
Prchal reported that the applicant is requesting two variances to construct a new
accessory structure on his property. The first request is for the location of the accessory
building to be located closer to the front lot line than the principle structure and the
second for the height of the proposed accessory structure. Accessory structures are
limited to 22 ft. or the height of principle structure, whichever is more restrictive.
An applicant must establish and demonstrate compliance with the variance criteria set
forth in Lake Elmo City Code Section 154.017 before an exception or modification to city
code requirements can be granted.
1) Staff findings for Practical Difficulties because of circumstances unique to the
individual property.
• Variance for Height of Structure: Although the building exceeds the 22 foot
height requirement the applicant has attempted to design the structure to mimic
Lake Elmo Planning Commission Minutes; 8-26-19
the design of the home. Because the resemblance is similar to the principle
building the request does appear to be reasonable.
• Variance for Accessory Building Setback: The request does appear to be
reasonable because any location on the property would not require a variance.
The 150 setback requirement from the lake would make placement behind the
home on the west side impossible and placing the structure on the east side of
the home would interfere with the shared driveway to the home south of the
property (9495 Stillwater Blvd.)
2) Staff findings for Unique Circumstances not created by the landowner.
• Variance for Height of Structure: Staff had difficulty determining the unique
circumstance that would warrant approval of the structures height. The site is
relatively flat so there is no difficulty measuring the height of the building. Staff
does not believe this criteria is met.
• Variance for Accessory Building Setback: The current residential structure was
built by a previous owner, so there is no way the applicant would have been able
to establish a different building location for the either structure to avoid the need
for a variance. There is limited space in the rear of the home, Friedrich Pond
requires a 150 ft. buffer and the property has a shared driveway that prevents
the use of the other side of the property. Staff believes this criteria is met.
3) Staff findings for Character of Locality.
• Variance for Height of Structure: Although the structure may be measurably
taller than some of the neighboring homes, according to the survey the
foundation would be about 4 feet lower than the neighboring homes foundation.
Staff believes this criteria is met.
• Variance for Accessory Building Setback: Although the structure would be
located in front of the home, the proposed building location would not change
the character of the local area. Staff believes this criteria is met.
4) Staff findings for Adjacent Properties and Traffic.
• Variance for Height of Structure: The structure would not be of such a height
that it would begin to shade neighboring properties or structures, nor would it
impair air flow. Furthermore, the height would not cause an increase of traffic or
congestion of traffic.
• Variance for Accessory Building Setback: The location of the structure would not
cause an increase of traffic or congestion, it would not shade the neighboring
properties or structures, nor would it impair air flow.
Weeks opened the Public Hearing.
Todd Elwire, applicant, explained the reason for the variance is because the garage was
designed to match the existing house. He also explained that the height will be less than
Lake Elmo Planning Commission Minutes; 8-26-19
the house and the property slopes about 4 feet to the location of the garage and will
appear shorter. The siding on the building would be the same as the house. The
applicant said the shed near the house would be removed when this structure as built.
Weeks closed the Public Hearing.
The Planning Commission discussed the merit of not including the portion of the roof
that is decorative in measuring the height. They discussed the style of the roof of the
existing structure and whether that was unique to the property itself to satisfy the
conditions for approval. They also discussed if it was more important for the accessory
structure to match roofline of the house or if the height to match the code
requirements.
Cadenhead mentioned that he views similarity to the primary structure as same type
and color of siding, but not including the roof line. Weeks added that there are existing
structures on the site that do not have the same roofline as the proposed structure.
Roberts explained that it could be designed as a one story structure and then it would
not require a variance to the City’s height standard.
M/S/P: Holtz/Cadenhead move to approve the location variance with the removal one
of the sheds shown on the survey, Vote: 6-0, motion carried unanimously.
M/S/P: Holtz/Risner move to deny the height variance on the grounds that it does not
meet the criteria about unique circumstances of the property and recommend to the
council that the top portion of the structure is classified as decorative and recommend
that other solutions are provided to bring the structure to the 22 feet required in the
Zoning Code, Vote: 5-1, motion carried, with Hartley voting in opposition.
M/S/P: Cadenhead/Hartley move to review other community accessory structure height
requirements in rural zones, Vote: 6-0, motion carried unanimously.
New Business
Review April 2019 Revisions to Engineering Design and Construction Standards Manual
Griffin presented that the manual sets minimum requirements for public infrastructure,
to construct consistent and compatible infrastructure throughout the City, to
communicate with the development community about the standards and to expedite
plan design, review, and approval. It provides 60 approved details that can be placed
right into the plans that are submitted.
Griffin gave an example of a 28 foot wide road and some of the difficulty with those
road widths for Public Works and Fire. He provided the new criteria for developing a 28
foot wide road under the new standards. He also mentioned that in high density
development areas, the standard road width has now been increased to 36 feet. He
Lake Elmo Planning Commission Minutes; 8-26-19
explained that the only development that would meet this level of density would be
Springs and they are developing private roads, so this standard does not apply.
Griffin discussed some of the other Right-of-way changes such as distance for off-set
roads, increasing the minimum pavement base, allowing stormwater ponds to be in
private outlots with easements, and a number of other items.
Griffin also mentioned the he identified some discrepancies that he has passed along to
Planning for review and that Engineering and Valley Brand Watershed District are close
to having stormwater reuse standards.
M/S/P: Hartley/Steil move to the April 2019 Revisions to Engineering Design and
Construction Standards Manual, Vote: 6-0, motion carried unanimously.
City Council Updates – August 20, 2019
1. Carmelite Chapel Variance and CUP approved 4-1.
2. Four Corners 2nd Addition Final PUD and Final Plat approved 5-0.
Staff Updates
1. Upcoming Meeting
a. September 9, 2019 – There will be three public hearings: One for Springs
Apartment Final Plat and PUD, the second for a concept plan for a senior
housing plan in the Eagle Point Business Park, and the final one will be for
a new home on Hill Trail that needs several variances for Shoreland,
bluffs, setbacks, and septic system setbacks.
Meeting adjourned at 8:45 pm
Respectfully submitted,
Tanya Nuss
Permit Technician