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HomeMy WebLinkAbout2025 10-07 PC PacketCITY OF GEM LAKE Heritage Hall 4200 Otter Lake Road | Gem Lake, MN 55110 651-747-2790/92 | 651-747-2795 (fax) E-mail city@gemlakemn.org Planning Commission Meeting – October 7, 2025 Call to Order of Planning Commission Meeting By Chair Don Cummings at 7:____ p.m. Call of Roll Cummings Epelboim Farrell Pratt Wippich Approve and Accept Agenda and Minutes • Accept the Agenda for October 7, 2025, Planning Commission Meeting • Approve the Minutes of August 12, 2025, Planning Commission Meeting Public Hearings • 2050 Comprehensive Planning Process Scope Discussion • 3646 Labore Road - Conditional Use Permit, Variance, and Special Home Occupation License request for an in-home financial business using over 50% of the residence, more than one non-resident employee, and more than three off-street parking spaces. Old Business • None New Business • None Open Items for Commission Members to Bring Up Future Meetings • Next City Council Meeting, Tuesday, October 21, 2025 • Next Planning Commission Meeting, November 5, 2025 o Attendance Inquiry Adjournment – The meeting adjourned at _____ City of Gem Lake Planning Commission Meeting Minutes August 12, 2025 1 City of Gem Lake Planning Commission Meeting – August 12, 2025 Meeting Minutes Planning Commission Chairman Don Cummings called the meeting to order at 7:00 p.m. Commission Members Art Pratt, Derek Wippich and Stephanie Farrell were present. Not present was Commission Member Laurel Amlee. Also present were City Planner CJ Sycks, City Attorney Martin Norder, Commission Member Alternate Brad Naylor, Acting City Clerk Melissa Lawrence and resident Daniel Epelboim. August 12, 2025 A motion was introduced by Commissioner Pratt to accept the agenda, seconded by Commissioner Wippich. Motion carried 4-0. Minutes A motion was introduced by Commissioner Pratt to approve the July 8, 2025, Planning Commission Meeting minutes, seconded by Commissioner Wippich. Motion carried 4-0. Public Hearings 1599 County Road E East – Conditional use Permit for a Wall Mounted Illuminated Sign City Planner CJ Sycks summarized the request. The applicant is requesting a conditional use permit (CUP) for 1599 County Road E East to erect an illuminated sign on the wall of The Lakes Dispensary. Roger Vannelli is the applicant and owner of the business. The sign is proposed to be 24 feet long by 5 feet tall with the text “The Lakes Dispensary” and a logo on the left-hand side of the text. The lighting is to be illuminated internally by LED tubing. Signage is regulated by Ordinance 131, Consolidated Land Use Ordinance Section 19. Sign permits are required and are typically issued administratively. Section 19.5.2.4 outlines the standards for Illuminated signs and states, “Application for approval of lighting or electronic features shall be made in the manner of a conditional use permit, using the procedure stated at Section 17.5 of this Ordinance.” 1599 County Road E East is located in the Neighborhood Center Sub-Zone of the Gateway District. The property is located at the intersection of Scheuneman Road and County Road E East. The building also includes Al’s Gun Shop. Ryan Podewils Properties LLC owns the property. The parcel is 0.52 acres in size and addressed 1601 County Road E East County GIS, however the southern building is considered 1599 Country Road E East. Commission Chair Cummings informed those in attendance that the Commission would begin with the public hearing, and that the public would have a chance to provide input on the topic. Commissioner Pratt introduced a motion to open the public hearing at 7:13 p.m., seconded by Commissioner Wippich. Motion carried 4-0. The public had no comment. Commissioner Pratt introduced a motion to close the public hearing at 7:14 p.m., seconded by Commissioner Wippich. Motion carried 4-0. City planner CJ Sycks recommends the Planning Commission to recommend approval to the City Council of the requested Conditional Use Permit for 1599 County Road E East, with the following conditions: 1. The applicant is permitted to install an illuminated sign in the size and to the dimensions proposed, consistent with the plans received by the City on July 22, 2025, and reviewed with this request. 2. The applicant shall obtain all necessary local permits prior to construction, including but not limited to building, electrical, and sign. 3. The applicant shall adhere to all other applicable local, state, and federal requirements. 4. The applicant shall pay all fees and escrows associated with this request. Commissioner Pratt introduced a motion to recommend approval to the City Council of the Conditional Use Permit with the conditions listed, seconded by Commissioner Wippich. Motion carried 4-0. City of Gem Lake Planning Commission Meeting Minutes August 12, 2025 2 Ordinance No. 131 – Sections 5, 6, 7, 8, 16 Amendments and Appendix A Definitions City Planner CJ Sycks summarized the amendments. Updating Ordinance No. 131 will increase zoning and permitting clarity among residents of Gem Lake. Amending the existing language and formatting will enhance the ease of use of the ordinance. The Commission began discussing proposed updates and providing staff guidance on further improvements to the Ordinance and its appendix of definitions in June 2025. At the July meeting, the Commissioners discussed the following items specifically: • Creating a table of uses for ease of use, like the Gateway District building uses (figures 16 and 17) • Ensuring agricultural animals are permitted in all zoning districts on lots greater than one acre • Ensuring consistency in swimming pool setbacks • Updating the agricultural and accessory structure setbacks • Ensuring townhomes and twin homes are properly permitted in certain districts Ord. No. 131 was enacted in 2017, replacing Ord. No. 43K (Zoning Ordinance). There are 30 Sections within Ord. No. 131. The definitions are found in Appendix A. The first four sections of Ordinance No. 131 provide a background to the purpose of the document and the related rules. Maps are provided to visualize each zoning district. Each zoning district is described in individual sections (section 5 through section 10), including the district purpose, permitted uses, and lot regulations. Concerns with the current ordinance include inconsistent formatting, combining conditional and interim uses, frequent back referencing, and unclear. Amendments were made to provide clarity on permitting within each zoning district. This includes updated formatting, language, and division of sections, as well as the minor changes of writing conventions. This proposed update to Ordinance No. 131 focuses on enhancing clarity surrounding the permitted, accessory, conditional, and interim uses in each residential district. Additional changes proposed go hand-in-hand with this focus, such as agricultural structure setbacks. Commission Chair Cummings informed those in attendance that the Commission would begin with the public hearing, and that the public would have a chance to provide input on the topic. Commissioner Wippich introduced a motion to open the public hearing at 7:49 p.m., seconded by Commissioner Pratt. Motion carried 4-0. The public had no comment. Commissioner Wippich introduced a motion to close the public hearing at 7:50 p.m., seconded by Commissioner Pratt. Motion carried 4-0. City planner CJ Sycks recommends that additional desired Ordinance 131 updates be done concurrently with the upcoming Imagine 2050 Comprehensive Planning update process. Updating the Comprehensive Plan and Ordinance 131 at the same time will ensure consistency between the two legal documents and ensure the City’s mission and goals are being accurately and effectively carried out. If additional and substantial changes to Ordinance 131 are desired, the Commission and staff should begin to make note of what those sections may be. The Metropolitan Council is releasing resources and requirements for this comprehensive planning cycle this fall. Comprehensive Planning updates can look different for every community and can be tailored to exactly what the community needs. Beginning in September, the Planning Commission should start discussing what types of updates are needed, what is desired, and how they’d like the Gem Lake Comprehensive Plan to shape the community. City of Gem Lake Planning Commission Meeting Minutes August 12, 2025 3 Commissioner Wippich introduced a motion to recommend approval to the City Council of the proposed amendments with the additional edits mentioned during the night’s discussion, seconded by Commissioner Pratt. Motion carried 4-0. Old Business None New Business None Open Items for Commission Members to Bring Up None Future Meetings City Council Meeting, Tuesday, August 19, 2025, at Heritage Hall, and Planning Commission Meeting, Tuesday, September 9, 2025, at Heritage Hall. Attendance Inquiry Commission Chair Cummings surveyed the Commission to see if any of the members would have any issues attending the September meeting if the City Council does not cancel it. At that time Commissioner Pratt and Farrell both had potential conflicts. Adjournment There being no further business, following a motion from Commissioner Wippich, seconded by Commissioner Pratt, the meeting adjourned at 8:03 p.m. Respectfully submitted, Melissa Lawrence Memorandum To: Gem Lake Planning Commission Project Reference: Conditional Use Permit, Variance, and Special Home Occupation Copies To: Barbara Suciu, Clerk Jeff and Nikki Foley, Applicant TKDA Project No.: 22428.000 From: Andrew Boucher, Planner Client No.: Phase 0006 Date: September 29, 2025 SUBJECT: Conditional Use Permit, Variance, and Special Home Occupation License request for an in-home financial service business using over 50% of the residence, more than one non - resident employee, and more than three off-street parking spaces. MEETING DATE: October 7, 2025 LOCATION: 3646 Labore Road (Parcel ID 283022440005) APPLICANT/OWNER: Jeff and Nikki Foley, Applicant on behalf of Carole M. Schilling Trust and Carole M. Schilling, Trustee. ZONING: Single Family Executive Residential (RX) ITEMS REVIEWED: Application and plans received on 09/18/2025 DESCRIPTION OF THE REQUEST The applicant has the property at 3646 Labore Road under contingency for the purpose of operating a financial service home occupation pending City approval of the required Conditional Use Permit, Special Home Occupation License, and Variance. The applicant is proposing to use more than 50% of the primary residence for the home occupation requiring the Conditional Use Permit and Special Home Occupation License. The applicant is also seeking approval of a Variance to allow for more than one non-residential employee and more than three off- street parking spaces. The plans submitted by the applicant call for utilizing the main residence to provide appointment-only financial services from Monday – Friday, 9:00 a.m. to 5:00 p.m.; the applicant currently runs the business out of a commercial space in Arden Hills and has provided correspondence stating their intention to establish a primary residence at the subject address . The property survey shows two existing driveways and the applicant states in their narrative that between the two driveways on the property, there are no more than 14 full and part-time employees anticipated. Customers per day on-site vary as the business is appointment-only; the applicant does not anticipate deliveries as the business provides intangible services with no physical product. Appointments will be scheduled for weekdays between normal business hours, 9:00 a.m. to 5:00 p.m. Home Occupations in the city are regulated by Ordinance 134. The ordinance breaks home occupations into three tiers: occupations that require no license or permit, occupations that require a license, and occupations that require a conditional use permit (CUP). Due to the applicant’s home occupation having on-site customers, the request requires a home occupation license and a Conditional Use Permit for use of more than 50% of the residence as well as Variance for the number of non-residential employees and off-street parking spaces. Licenses under Ordinance 134 are reviewed by the Planning Commission and approved or denied by the City Council. Special Home Occupation – 3646 Labore Road Gem Lake Planning Commission 10/07/2025 October 1, 2025 Page 2 PROPERTY INFORMATION Description: The subject property is located at the intersection of Labore Road and City Center Drive with CSAH 15 (County Road E East) to the south. The site slopes to the west, with trees and vegetation located primarily to the south of the property. The subject property includes a house with three detached accessory structures (garage, pool house, and a shed). The detached garage has its own driveway with additional parking provided along the primary structure. The property surrounding the subject property consists of single-family residences to the north and east; a Montessori school to the immediate south, and commercial uses including a medical clinic/office to the west and south of the property. Land Use: Single Family Detached Dwelling Figure 1: Aerial of the site, from Ramsey County GIS. EVALUATION OF REQUEST Applicant’s Narrative The applicant submitted a narrative, included in the meeting packet, explaining the proposed home occupation. Ordinance Criteria Home occupations are regulated under Ordinance No. 134. The ordinance splits home occupations into three types or categories: home occupations that require no permit or license, home occupations that require a license, and home occupations that require a conditional use permit (CUP). The categories are based on the ‘intensity’ of the proposed use; home occupations that are indoors, generate no traffic, and create no nuisances or noises as detected from the street or adjacent properties are the least intensive use, and therefore do not require a permit or license. Special Home Occupation – 3646 Labore Road Gem Lake Planning Commission 10/07/2025 October 1, 2025 Page 3 The second category (home occupations that require a license) applies to a home occupation that does one (or more) of the following: 1. Occupations that have one non-resident employee working on-site at one time. 2. Occupations that require parking of light commercial vehicles, or trailers with a maximum one -ton payload capacity. 3. Occupations that result in manufacturing, processing, or assembly of products on -site. 4. Occupations that result in customers coming to the residence, such as selling of crafts or baked goods, providing teaching or tutoring to multiple students. 5. Occupations that result in deliveries of goods to the residence. The applicant’s proposed home occupation would result in customers coming to the property and proposes to use more than 50% of the residence; therefore, it requires a license and Conditional Use Permit from the city. A variance is also required to accommodate the number of non-residential employees and number of off-street parking spaces. A variance may not be granted to allow any use that is not allowed in the zoning district in which the property is located. Ordinance No. 131, Section 17 outlines the process and required findings for variances (4) and Conditional Use Permits (5). The purpose and intent of a variance is to allow the City Council, sitting as the Board of Appeal and Adjustment, to consider granting Variances should the strict application of the Zoning Ordinance result in practical difficulties. “Practical difficulties”, in the context of a variance, means that: 1. The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Ordinance; The owner/applicant is proposing to use the property to operate a home occupation which is a permitted accessory use in the Zoning Ordinance but requires a Conditional Use Permit for use of more than 50% of the residence including accessory structures. 2. The plight of the landowner is due to circumstances unique to the property not created by the landowner; The plight is due to circumstances created by the landowner. 3. The variance, if granted, will not alter the essential character of the locality. The variance, if granted, is in keeping with other adjacent commercial uses in the immediate area but is different from the other residential uses found in the Single-Family Executive “RX” Residential District. The zone does not allow for commercial business functions apart from home occupations, county clubs, golf courses, and other private commercial recreation areas and facilities, and bed and breakfast establishments. There are other properties in the vicinity are zoned Gateway which is where much of th e public facing commercial activity occurs. 4. Economic considerations alone do not constitute practical difficulties. Economic considerations are not identified or found to be creating practical difficulties. 5. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. This is not applicable to the variance request. In reviewing a Conditional Use Permit, the Planning Commission and City Council shall review the general standards and measure the following impacts per Ordinance No. 131, Section 5: Special Home Occupation – 3646 Labore Road Gem Lake Planning Commission 10/07/2025 October 1, 2025 Page 4 1. Adjacent Uses This criterion is not met. Adjacent to this property is a Montessori school, a medical clinic/office, and residential single-family dwellings with additional business or commercial activity in the vicinity. 2. Air and Water Quality This criterion is met. The proposed use is not expected to impact air and water quality. 3. Traffic Generations This criterion is not met. The proposed use of an appointment-only financial services home occupation would generate additional traffic with 14 full-time and part-time employees. 4. Public Safety and Health This criterion is met. The proposed is not expected to impact public safety and health. 5. Area Aesthetics This criterion is met. The proposed use does not include any exterior modifications and has adequate screening to minimize the impact and view from adjacent properties in the area. 6. Economic Impact on the Entire Areas This criterion is met. The proposed use would be more beneficial to the economic impact on the entire area. 7. Consistency with the Comprehensive Plan This criterion is not met. The 2040 Comprehensive Plan designates the existing land use as Single Family Residential and the future land use guiding as Single Family – Executive. 8. Anticipated Duration of the Conditional or Interim Use This criterion is met. There would be no anticipated dissolution of the conditional use. Conditional uses, if discontinued for 6 months, are considered void. Ordinance No. 134, Section 4 outlines requirements for home occupations that require a license or CUP , which are shown below in italics with staff’s comments following. 1. No traffic shall be generated by a home occupation in greater volumes than would normally be expected in a residential neighborhood. The need for off-street parking shall not exceed more than three off-street parking spaces for the home occupation at any given time, in addition to the parking spaces required by the residents. This criterion is not met. A variance application has been made to increase the number of off-street parking spaces for the home occupation beyond the maximum of three spaces to accommodate up to 14 full-time and part-time employees. Additionally, the business anticipates operating through appointments- only, so no walk-in or unscheduled activity is anticipated. 2. No more than one non-resident employee shall be allowed to work on the premises at one time. Nonresident employees who work off the premises may be allowed to visit the premises. If an on-site employee is parking on site, off-site employees shall not leave their vehicles on site. If there is no on-site employee vehicle parked on site, one off-site employee vehicle may be parked on site. This criterion is met with conditions. The applicant has submitted a variance application to increase the number of nonresidential employees from the maximum of one to no more than 14 full-time and part-time employees. As a condition of approval, no non-residential employees may leave their vehicles on-site outside of business hours. Special Home Occupation – 3646 Labore Road Gem Lake Planning Commission 10/07/2025 October 1, 2025 Page 5 3. No vehicle associated with the home occupation, including customers or employees, shall be parked on the street or block sidewalks or public easements. Private vehicles used by the residents shall not be included in this subsection. This criterion is met with conditions. As a condition of approval, the applicant shall include the parking areas for all employees and the area used for customer parking on the survey to demon strate that vehicles associated with the business will not be parked on the street, block sidewalks, or public easements. 4. An area equivalent to no more than 50 percent of each level of the house, including the basement and garage, shall be used in the conduct of a home occupation. This criterion is met with conditions. The applicant has applied for a Conditional Use Permit to allow for more than 50% of the residence to be used for business purposes. 5. No equipment or process shall be used in such home occupation which creates noise, vibration, light, glare, fumes, smoke, dust, odors or electrical interference detectable to the normal senses off the premises. If electrical interference occurs, no equipme nt or process shall be used which creates visual or audible interference in any radio or television receivers off the premises or causes fluctuations in line voltage off the premises. This criterion is met. The business provides intangible services with no physical product, so no equipment or process is proposed that would create noise, vibration, light, glare, fumes, smoke, dust, odors, or electrical interference detectable to the normal senses off the premises. 6. Storage of materials and goods outdoors is prohibited. This criterion is met. The proposed use does not include any outdoor storage. 7. There shall be no fire, safety or health hazards created by the Home Occupation. This criterion is met. The proposed use shall not create any fire, safety, or health hazards. 8. Any noncompliance with this subsection shall constitute grounds for the denial or revocation of the home occupation license. This criterion is not met. There are several criterion that require further clarification from the applicant or that are unable to be met. The variance application proposes up to 14 full-time and part-time employees and increasing the maximum number of off-street parking spaces beyond the three (3) permitted for a home occupation. The variance, if granted, would not be consistent with other adjacent residential uses found in the Single-Family Executive “RX” Residential District. The zone does not allow for commercial business functions apart from home occupations, county clubs, golf courses, and other private commercial recreation areas and facilities, and bed and breakfast establishments. There are other properties in the vicinity that are zoned Gateway which is where much of the public facing commercial activity occurs. The circumstances surrounding the variance are being created by the homeowner and are not currently present. The proposed use of an appointment-only financial services home occupation would generate additional traffic with 14 full-time and part-time employees. The ITE Trip Generation Manual estimates approximately 9-10 trips per day generated by a single-family dwelling unit, so in considering employees and the appointment-based nature of the business, this would generate more traffic than the single-family dwelling. The 2040 Comprehensive Plan designates the existing land use as Single Family Residential and the future land use guiding as Single Family – Executive. Special Home Occupation – 3646 Labore Road Gem Lake Planning Commission 10/07/2025 October 1, 2025 Page 6 9. The City Council may waive any of these requirements if the home occupation is located at least 350 feet from a residential lot line. This criterion is not applicable as the proposed home occupation would be within 350 feet of a neighboring residential lot line. 10. The City Council may add any additional requirements that it deems necessary to ensure that the operation of the home occupation will be compatible with nearby land uses. This criterion is not met. With the additional requirements, the operation of the home occupation will not be compatible with nearby land uses. ACTION The Planning Commission has the following options for the Conditional Use Permit allowing more than 50% of the residence to be used for the purposes of the Home Occupation: 1. Recommend approval of the request by the City Council, with or without conditions. 2. Recommend denial of the request by the City Council, with findings for denial. 3. Table the request for further review/study. The Planning Commission has the following options for the Special Home Occupation: 1. Recommend approval of the request by the City Council, with or without conditions. 2. Recommend denial of the request by the City Council, with findings for denial. 3. Table the request for further review/study. The Planning Commission has the following options for the Variance to allow more than one non-residential employee and more than three off-street parking spaces: 1. Recommend approval of the request by the City Council, with or without conditions. 2. Recommend denial of the request by the City Council, with findings for denial. 3. Table the request for further review/study. RECOMMENDATION Staff recommends the Planning Commission deny the Conditional Use Permit, Special Home Occupation, and Variance applications based the unmet criterion and the written legal opinion provided by the City Attorney, Chad Lemmons, on the applications. Attachment A: Applicant Narrative Attachment B: Applicant Correspondence, Variance and Conditional Use Applications Attachment C: Special Home Occupation License Application Attachment D: Correspondence with Applicant on 9.16.25 Attachment E: Survey Attachment F: Certificate of Insurance Attachment G: Floor Plan Attachment H: Completeness Letter Attachment I: Public Hearing Notice to Newspaper Attachment J: Public Hearing Notice to Neighbors Attachment K: City Attorney memo dated 10.1.2025 -- -- a Special Home Occupation Permit Conditional Use Permit . .- - --- - Attachment A: Applicant Narrative -- -- - -- Section 4.2 Section 4.4 Ordinance No. 134. “No more than one non-resident employee shall be premises may be allowed to visit the premises. If an on-- site employees shall not leave their vehicles on site. If there is no on-site employee vehicle -site employee vehicle may be parked on site.” Request: - -- “An area equivalent to no more than 50 percent of each level of the house, including the basement and garage, shall be used in the conduct of a home occupation.” Request: -- -- Special Home Occupation Application Conditional Use Permit Application Conditional Use Permit Application License Application Checklist Survey from E.G. Rud & Sons, Inc.License Application Checklist - - Attachment B Applicant Correspondence, Variance and Conditional Use Applications City of Gem Special Home Occupation Permit Application - Page 1 of 1 City of Gem Lake Heritage Hall 4200 Otter Lake Road | Gem Lake, MN 55110 651-747-2790/92 | 651-747-2795 (fax) E-mail city@gemlakemn.org Special Home Occupation Permit Application A Special Home Occupation may be granted or denied by the City Council after recommendation by the Planning Commission in accordance with City Ordinance No. 134 Home Occupations. Choose: New Request Renewal Applicant Information Applicant: Address: City: State: Zip: Cell Phone: Email: Property Information Property Owner: Address: City: State: Zip: Cell Phone: Email: Current Zoning: Current Use: Description of Home Occupation Requested: Business Plan Operating Hours: Number of Customers Per Day: Number of Customers Per Week: Parking Management Plan: Marketing Materials: Insurance (Attach a copy of proof of suitable insurance policy with the application) Insurance Company: Policy No: It is the policy of the City of Gem Lake that all identifiable costs associated with Special Home Occupations within the City shall be the sole responsibility of the owner of said property. The costs shall include but are not limited to the following: City planning review costs (reports, meetings, site review); engineering review costs; legal costs (preparation of hearing notices, legal research, certification costs); publication costs (notice of hearing); reapportionment of assessments (engineers report); mailings and Ownership Reports (ownership/encumbrance). Prior to the final approval by the City Council, all City expenses to date shall be paid by the owner. Subsequent expenses not paid at the time of final approval (due to billings by consultants, etc.) shall be due upon receipt of a billing from the City. Applicant Signature: Date: 1 Andrew Boucher From:Andrew Boucher Sent:Tuesday, September 16, 2025 6:04 PM To:Jeff Foley; CJ Sycks Cc:Kale Hassan; Nikki Foley Subject:RE: 3646 Labore Road-SUBMISSION DRAFT Attachments:CUP Application_3646 Labore Road.pdf; Variance-Request-Fillable.pdf; Ordinance- No.-134-Home-Occupations (1).pdf JeƯ, The name can be corrected. That is the City of Gem Lake’s standard variance application, so it can’t necessarily be omitted, but there is a section for description of variance being requested, which is where you would put the number of non-residential employees and maximum number of o Ư-street parking spaces because those are the regulations you are requesting a variance from. I would like to explain the processes a little further, so you understand what you are applying for. A Conditional Use Permit is required because the special home occupation intends to use more than 50% of the floor area for the purposes of the business. A CUP is to establish the use itself and is not to address practical diƯiculties from strict adherence to the zoning code as it is written, which is why the variance process allows for deviations from the strict application of the zoning code. Before the CUP or Special Home Occupation application can be deemed complete, I need to have something in writing describing whether you or Nikki intend to continue the property’s primary residential use by living in the unit as that is the intent of the Home Occupation Ordinance No. 134. I am concerned that the business use is the sole function of the property and that there is no intention to maintain the property’s primary residential use to the point where it is the principal use and the home occupation is secondary/incidental. Let me know if you have any questions or how you would like to proceed. Thanks, Andrew Andrew Boucher Planner P 651.292.4545 | C 651.295.2267 E andrew.boucher@tkda.com 3311 E Old Shakopee Rd, Suite 300, Bloomington, MN 55425 Attachment D - Correspondence with Applicant on 9.16.25 2 From: Jeff Foley <jeff.foley@paladinfinancial.com> Sent: Tuesday, September 16, 2025 5:26 PM To: Andrew Boucher <andrew.boucher@tkda.com>; CJ Sycks <calli.sycks@tkda.com> Cc: Kale Hassan <kale@kalehassan.com>; Nikki Foley <nikki.foley@paladinfinancial.com> Subject: RE: 3646 Labore Road-SUBMISSION DRAFT CAUTION: This email originated from outside of TKDA. Do not click links or open attachments unless you recognize the sender and know the content is safe. Andrew or CJ, Thank you for the information and for your assistance. The Variance Request asks for setbacks. Can that be omitted given that we’re not requesting anything (I believe) that is relevant to that information? Also, I noticed that we had the owner’s name spelt incorrectly in a couple places. We had “Carole” listed, whereas it should be “Carol”. Is that an issue we need to correct? Thank you. Jeff Foley, CFP®, MSM Founder and Investment Advisor Representative T: 651.842.8406 | F: 651.800.4137 jeff.foley@paladinfinancial.com www.paladinfinancial.com 4105 Lexington Avenue North, Suite 230, Arden Hills, MN 55126 3 Listen to our Podcast: Paladin Financial Talk Paladin Wealth, LLC (a SEC Investment Advisor) offers investment advisory services under the d.b.a. of Paladin Financial and Paladin Wealth. Paladin Capital, LLC (a SEC Investment Advisor) offers investment advisory services under the d.b.a. of Capital. Insurance products and services offered through Paladin Insurance, LLC (d.b.a. Paladin Insurance). Paladin Insurance, Paladin Wealth, Paladin Capital and their representatives do not render tax, legal, or accounting advice. This email is being sent by or on behalf of an investment advisor. 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From: Andrew Boucher <andrew.boucher@tkda.com> Sent: Tuesday, September 16, 2025 3:54 PM To: Jeff Foley <jeff.foley@paladinfinancial.com>; CJ Sycks <calli.sycks@tkda.com> Cc: Kale Hassan <kale@kalehassan.com>; Nikki Foley <nikki.foley@paladinfinancial.com> Subject: RE: 3646 Labore Road-SUBMISSION DRAFT JeƯ, I wanted to introduce myself as an additional Planner helping to support TKDA’s on-call planning clients including the City of Gem Lake. I also wanted to follow up on our phone conversation about the Conditional Use Permit and Special Home Occupation applications we received. After consulting with the City Attorney about the Home Occupation, I confirmed that while a CUP is required because the home occupation is intending to use over 50% of the residence (so a waiver or a variance to this requirement is not needed). That being said, a variance is required for the number of non-residential employees and the number of oƯ-street parking spaces exceeding three (3). I have attached the variance application and your CUP application, the same information can largely be used for the variance. Please submit a variance application and payment of the $500 fee, no later than 12:00PM on Thursday, September 18, 2025. I need to deem both the CUP and Variance complete and send the public notice to the legal newspaper no later than 4:00PM on Thursday. If this is not received by that date and time, then I would strongly recommend withdrawing the application or I will deem it incomplete because otherwise, without the variance, staƯ would have to give a negative recommendation as there would be more than one non-resident employee and more than three (3) oƯ-street parking spaces. The other more urgent item that I feel like needs to be brought up in light of the phone conversation we had is the City’s definition of home occupation: Home Occupation - A use incidental and secondary to a property’s primary residential use. A home occupation use shall not change the residential character of the property or the neighborhood, and 4 shall meet all applicable legal requirements. The standards, permit procedures, and regulations of home occupations are further defined in Ordinance No. 134. Use, Principal - The main use of land or buildings as distinguished from subordinate or accessory uses. I understand that you are concerned about potential risk, and if neither you or Nikki intend to live in the house regularly or semi-regularly. The City Code does not set explicit dates or timeframes for this, but states that a home occupation use shall be incidental and secondary to the property’s primary residential use. After our phone conversation, I would strongly recommend that you and Nikki consider the potential risk and confirm whether you intend the primary use to be residential or commercial because the primary use needs to continue to be residential with the home occupation being subordinate or accessory. If neither you or Nikki intend to live regularly in the house, then it would be di Ưicult to support this from a CUP or a Home Occupation perspective because it would operate primarily as a commercial property. I ran this proposal by the City Attorney as well to confirm my interpretation and concerns, and he had the same position, the home occupation has to be “incidental and secondary to a property’s primary residential use. A home occupation use shall not change the residential character of the property or the neighborhood.” If your intention is to maintain the property’s primary residential use with either yourself or Nikki residing there and the home occupation is incidental and secondary to the principal use, then I would continue with your application. If that is not your intention in establishing a new use, then I would withdraw the application. I’m happy to discuss this further if you’d like, but understand that you are on a timeline as well, so let me know how you would like to proceed. If I have not received a response by Thursday, then I will deem the application incomplete. Thanks, Andrew Andrew Boucher Planner P 651.292.4545 | C 651.295.2267 E andrew.boucher@tkda.com 3311 E Old Shakopee Rd, Suite 300, Bloomington, MN 55425 5 From: CJ Sycks <calli.sycks@tkda.com> Sent: Tuesday, September 16, 2025 1:46 PM To: Jeff Foley <jeff.foley@paladinfinancial.com> Cc: Kale Hassan <kale@kalehassan.com>; Nikki Foley <nikki.foley@paladinfinancial.com>; Andrew Boucher <andrew.boucher@tkda.com> Subject: RE: 3646 Labore Road-SUBMISSION DRAFT Good aŌernoon, I apologize for the delay. I’ve been excepƟonally busy with a few other projects this week and last, however, my delay should not impact your ability to get on the October PC meeƟng agenda. Andrew Boucher, also a Planner for the City, will be reviewing your applica Ɵon today/tomorrow. He will be sharing it with the aƩorney as well to ensure that the condiƟons of your permit are licit. If there are any issues or if it is good to go, he will let you know. Based on my quick review of the materials, it looks that everything has been submi Ʃed, but we will let you know. Below are the answers to your quesƟons, in red. 1. Please verity that the electronic version should be send to city@gemlakemn.org  Yes, this is correct. 2. Do we need the owner’s signature on either the CUP or Special Home Occupa Ɵon Permit?  In lieu of her signature (in case we cannot obtain her signature in Ɵme), would it suffice for us to include the signed purchase agreement that shows she has agreed to the sale being conƟngent upon the City’s approval of our submission?  An owner’s signature is required, please aƩempt to receive such. In the meanƟme, we will speak with the aƩorney, Chad, for his opinion on the purchase agreement. 3. Do we need to complete the Business License ApplicaƟon at this Ɵme or can this be delayed unƟl the City has provided their decision?  Since this is being considered a home occupaƟon, a business license is not required at this Ɵme. We can wait unƟl aŌer approval to determine if it is necessary. Thank you, CJ Sycks Graduate Community Planner C 651.221.4671 E calli.sycks@tkda.com 3311 E Old Shakopee Rd, Suite 300, Bloomington, MN 55425 6 From: Jeff Foley <jeff.foley@paladinfinancial.com> Sent: Monday, September 15, 2025 7:59 PM To: CJ Sycks <calli.sycks@tkda.com> Cc: Kale Hassan <kale@kalehassan.com>; Nikki Foley <nikki.foley@paladinfinancial.com>; Jeff Foley <jeff.foley@paladinfinancial.com> Subject: 3646 Labore Road-SUBMISSION DRAFT CAUTION: This email originated from outside of TKDA. Do not click links or open attachments unless you recognize the sender and know the content is safe. CJ, Good evening. Attached is a draft of our submission. We plan on submitting it electronically to city@gemlakemn.org tomorrow and will hand deliver six physical copies to your oƯice as well. Prior to doing so, we wanted to send you the draft submission to see if there is anything we are missing or suggested changes you might have. We also have a few outstanding questions before we submit: 1. Please verity that the electronic version should be send to city@gemlakemn.org 2. Do we need the owner’s signature on either the CUP or Special Home Occupation Permit?  In lieu of her signature (in case we cannot obtain her signature in time), would it su Ưice for us to include the signed purchase agreement that shows she has agreed to the sale being contingent upon the City’s approval of our submission? 3. Do we need to complete the Business License Application at this time or can this be delayed until the City has provided their decision? Please let us know your thoughts as soon as possible so that we can submit to the city. Thank you again for your assistance! Jeff Foley, CFP®, MSM Founder and Investment Advisor Representative T: 651.842.8406 | F: 651.800.4137 7 jeff.foley@paladinfinancial.com www.paladinfinancial.com 4105 Lexington Avenue North, Suite 230, Arden Hills, MN 55126 Listen to our Podcast: Paladin Financial Talk Paladin Wealth, LLC (a SEC Investment Advisor) offers investment advisory services under the d.b.a. of Paladin Financial and Paladin Wealth. Paladin Capital, LLC (a SEC Investment Advisor) offers investment advisory services under the d.b.a. of Capital. Insurance products and services offered through Paladin Insurance, LLC (d.b.a. Paladin Insurance). Paladin Insurance, Paladin Wealth, Paladin Capital and their representatives do not render tax, legal, or accounting advice. This email is being sent by or on behalf of an investment advisor. Outgoing and incoming emails are electronically archived and subject to review and/or disclosure to someone other than the recipient. 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Attachment E Survey Attachment F - Certificate of Insurance Attachment G - Floor Plan Attachment G - Floor Plan September 18, 2025 Jeff and Nikki Foley 8 Blue Goose Road North Oaks, MN 55127 RE: Conditional Use Permit and Special Home Occupation Requests for 3646 Labore Road (Parcel ID 283022440005) To whom it may concern, On September 17, 2025, the City received your applications and payments to request a Conditional Use Permit (CUP) and Variance for a Special Home Occupation to operate a home occupation providing a financial services business located at the property listed above. Per Ordinance No. 131, Section 17.4.2 Variance Application, Section 17.5.2 Conditional Use Permit application, and Ordinance No. 134, Section 5.2, Home Occupation, your applications meet the minimum requirements and are deemed complete. Based on the correspondence received on September 17, 2025, the applicant stated that they will maintain the property’s primary residential use and one of the property owners will reside in the dwelling unit. Staff reviewed all necessary information and deemed the applications complete on September 18, 2025. The 60-day period for review under Minn. Stat. § 15.99 will end on November 17, 2025. The Gem Lake Planning Commission will review your application on Tuesday, October 7th at 7:00pm. The meeting is located at Heritage Hall (4200 Otter Lake Rd, White Bear Township, MN 55110). It is recommended that you be in attendance to answer any questions the commissioners may have regarding your request. Once a recommendation is made by the Planning Commission, the request would be reviewed for approval or denial by the City Council. If you have questions about this schedule or the review process, please reach out by email or phone at 651.308.0036. If you have any questions about this letter, please reach out by email or phone at andrew.boucher@tkda.com or 651.295.2267. Sincerely, Andrew Boucher Gem Lake City Planner cc: Barbara Suciu, City Clerk CJ Sykes, TKDA Planner Mike Johnson, Building Inspector Chad Lemmons, City Attorney Attachment H: Completeness Letter CITY OF GEM LAKE RAMSEY COUNTY, MINNESOTA NOTICE OF PUBLIC HEARING ON PROPOSED ORDINANCE AMENDMENT September 27, 2025 NOTICE IS HEREBY GIVEN that the Planning Commission of Gem Lake, Ramsey County, Minnesota shall consider an application from Jeff and Nikki Foley for a Conditional Use Permit to establish a Home Occupation, providing financial services, occupying more than 50% of the residence and a Variance for the number of off-street parking spaces and number of non-residential employees allowed. The hearing will take place at the Planning Commission meeting on October 7, 2025, at approximately 7:00 p.m. at the Gem Lake City Hall (4200 Otter Lake Road). A copy of the application and staff report will be available from the City Clerk approximately one week prior to the hearing. Gretchen Artig-Swomley, Mayor Published one time in the White Bear Press on September 27, 2025. Attachment I - Public Hearing Notice to Newspaper September 27, 2025 Dear Resident, The City of Gem Lake, Minnesota, Planning Commission will be holding a public hearing on Tuesday, October 7th, at 7:00 pm. The purpose of the hearing is to consider applications by Jeff and Nikki Foley for a Conditional Use Permit to establish a Home Occupation exceeding 50% of the residence to provide financial services by appointment only and Variance request related to the maximum number of non-residential employees and the maximum number of off-street parking spaces provided. The City’s Consolidated Land Use Ordinance requires a public hearing for all Conditional Use Permit, Variance and the Special Home Occupation applications. You are being notified of this hearing because your property is within 350 feet of the applicant’s property, address here. You may attend the public hearing if you wish to provide comments or ask questions about the proposed request. The meeting will be held at Heritage Hall (4200 Otter Lake Road). You may also submit comments in writing (by letter or email) to Barbara Suciu, City Clerk, at 4200 Otter Lake Road, Gem Lake, MN 55110 or barbara.suciu@gemlakemn.org prior to noon on the day of the meeting. The Clerk will provide all comments received to the Planning Commission. A copy of the staff report and application materials will be available for review prior to the meeting. The meeting materials will be placed on the City of Gem Lake website (https://gemlakemn.org/). Signature Attachment J - Public Hearing Notice to Neighbors 2350 WYCLIFF STREET - SUITE 200 • SAINT PAUL, MINNESOTA 55114 TELEPHONE 651-224-3781 • FACSIMILE 651-223-8019 www.kellyandlemmons.com Kelly & Lemmons, P.A. A T T O R N E Y S A T L A W • Chad D. Lemmons chadlemmons@kellyandlemmons.com Real Property Law Specialist, Certified by the Real Property Section of the Minnesota State Bar Association City Of Gem Lake City Planning Commission October 1, 2025 VIA EMAIL RE: Application of Jeff and Nikki Foley for conditional use permit, variances, special home occupational licensed for the property Located 3646 Labore Road Gem Lake Minnesota. Dear Commissioners, The goal of the Applicants is to convert a single family home into what is essentially an office building. First, I would like to discuss the application for variance. The rules and regulations governing variances are set forth in Minn. Stat. 462.357 subdivision 6. A key finding when granting a variance is that the plight of the land owner is due to circumstances unique to the property and not created by the land owner. In this situation the plight is a direct result of the applicant’s intention to use the existing home as office space. As a self-created difficulty, it is no basis for granting the requested variance. Variances also require a showing that the property could not be put to a reasonable use unless the variance is granted. Reasonable use is determined by uses (permitted or conditional) allowed under the applicable zoning code. The existing single family use represents a reasonable use of the property. While the proposed use as an office building is not a reasonable use. I would next like to address the request for special home occupation licensee. Under the city’s Consolidated Land Use Ordinance, Ordinance No. 131, a home occupation is a permitted accessory use. in single family executive residential districts, see Section 6 subsection 2 (5). Appendix A to Ordinance 131 defines an accessory use as a use incidental to the primary use. In the single family executive residential district, the primary use is a single family, detached dwelling. The use as Attachment K: City Attorney memo dated 10.1.2025 2350 WYCLIFF STREET - SUITE 200 • SAINT PAUL, MINNESOTA 55114 TELEPHONE 651-224-3781 • FACSIMILE 651-223-8019 www.kellyandlemmons.com outlined in the application, makes it clear that the proposed office space is not “incidental” to use the property as a single-family home. Rather use as office space is the intended primary use. A primary use which is neither a permitted use or a conditional use under Gem Lake Ordinance 131 in the present zoning district. This also explains why the conditional use permit should be denied. For the reason set forth above it is my recommendation that the conditional use permit, variant, application, and special home occupation license application be denied. To grant the requested permit and licenses will leave the city open for legal actions bought by any citizen of the city. And it would be a legal action the City would lose. Respectfully submit, KELLY & LEMMONS, P.A. /s/ Chad D. Lemmons Chad D. Lemmons CDL/JEO