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HomeMy WebLinkAbout2022 11-09 PC PACKETCITY OF GEM LAKE Heritage. Hall 4200 Otter Lake Road [.Gem Lake, MN 55110 651-747-2790L92 [ 651.-747-27g5 (fax) -' E-mail cityQgemlakemn.or Planning Commission Meeting, November 9, 2022 Call to Order of Planning Commission Meeting By Chair Joshua. Patrick at 7: p.m. Call of Roll Patrick Farrell Cummings Pratt Wippich Others in. Attendance: Sign-up Sheet Acknowledge citizens or staff attending Agenda ■ Accept the. Agenda for the November 9, 2 ..22 Planning Commission Meeting ■ Approve the Minutes.frorn October 11, 2022 Planning. Commission Meeting Public Hearings ■ Variance Request for a I00ft pool setback at.10 Hillary Farm Lane Old Business ■ Discussion of Permitted Uses in the Consolidated Land Use Ordinance Discussion of Metropolitan Counci1.2040 System Statement New Business • None. Future Meetings ■ Next City Council Meeting, Tuesday, November 15, 2022 ■ Next,Planning Commission Meeting, Tuesday, December 13, 2022 o Attendance Inquiry Adjournment —The meeting adjourned at CITY OF GEM LAKE Heritage..I fall 4200 Otter Lake Road I Gem Lake, MN 55110. 65•1-747-2790/92 j 651-747-2795 (Dix) E-mail citynaeznlakemn.arg Gem Lake Planning Commission Meeting November 9, 2022 Sign in Sheet Name Name I'Iease print clearly Please print clearly LA ` f � ��. jj City of Gem Lake Planning Commission Meeting-- October 11, 2022 Meeting Minutes Planning Commission Chair Don Cummings called the meeting.to order. at 7:0I p..m. Commission Members. Stephanie Farrell, Joshua Patrick and Art Pratt were present. Commission Member Derek Wippich was not.present. Also present: City Attorney Patrick Kelly and Acting City Elerk Melissa -Lawrence. October 11.2022 Aeenda A.motion was made.by Commission Member Pratt to accept the agenda, seconded by Commission Member Patrick. Voice vote taken, all voted yes, motion passes, agenda accepted. Minutes A motion was made by Commission Member Patrick, seconded by Commission Member Farrell to approve the September 1.3; 2022,Planning Commission Meeting minutes. Voice vote taken, three (3) voted yes, motion passes, minutes are approved. Commission Member Pratt abstained. Public Hearings None Old Business Discussion of Permitted Uses in.the Consolidated Lane Use Ordinance Commission Chair Cummings reiterated what .was discussed .at.the September B., 2022 Planning Commission meeting regarding permitted uses, specifically permitted uses in the Gateway District. Commission Member Patrick likes the. idea.of leaving the description vague because. it.gives the City more control. Most corporations. tooking to build in a municipality can be creative and work with the City ifthey fir•,. really are interested. This topic .will continue to be discussed at future meetings. New Business Discussion of Metropolitan Council System Statement The.Metropolitan. Council recently revised:and updated the 2049 Transportation Policy P.lan..and the.2040 Regional Parks Policy Plan, which May. require. amendments to local comprehensive plans, .Metropolitan system.plans are.long=range comprehensive plans for the regional systems ---transit, h:ighways,. and airports; wastewater services;:an.d parks and open. space — along with the capital budgets for metropolitan wastewater services, transportation, and regional..recreation.open space. 5ystem.state ments explain the imp Iications..of metropolitan system plans for each individ.ua] community in the metropolitan area. They are intended to help communities prepare or update their comprehensive plan, as required by the Metropolitan Land Planning Act.. Since the last:systeul statement release in 2015, there have been two adopted updates Io the TPP;.a.long with several administrative modifications and adopted amendments: The.TPP was updated.in October.20.18. and November 2020, administratively Modified in September 2021 and February2022, and: amended in March 2422. The TPP updates -also included changes to policies. that: communities are encouraged to. respond to in their comprehensive plans, such as: policies identifying and describing investment priorities for the Regional Bicycle Transportation Network (RBTN). One of the major items that affects Gem Lake is the seven transit ways that now have identified funding, with the major one impacting Gem Lake being. Purple Line. Nothing seems to have changed with the. parks in regards to Gem Lake. No action was taken on the statement.during.the meeting, the Commission would like to hold off until a formal response can be developed after discussing the.statement further with City Planner Evan Monson.. ............................................................................................_.................................................................... _ ............ ........... City of Gem Lako Planning Commission. Meeting Minutes October 11, 2022 11 P a g e Planning Cnmmissi.on Leadership Update .„ When Mr. Cummings. joined the Commission the Mayor asked him to serve as the interim commissioner chair. Mr. Cummings would like to step down into anon -supervisory commission role and. has spoken to Commission Member. Patrick about -stepping up. Commission Member Patrick accepted the offer to move into.the supervisory Commissioner Chair role for the City of Gem Lake: Commissioner Cummings introduced a motion: to recommend Commissioner Patrick for the Commission Chair role for the Gem Lake Planning Commission, seconded by Commissioner Pratt. Voice: Vote taken, all voted yes, motion passes, Mr. Patrick.will take. the role of Commission Chair beginning with•the November 9,:2022 meeting and Mx. Cummings will take the role of Commissioner. Future Meetings City .Council Meeting, Tuesday October 18, 2022.at.Heritage.Hall, and Planning Commission.:Meeting, Wednesday November 9,.2022 at Heritage Hall.. Attendance. Inquiry Commissioner Chair Cummings surveyed the.Commissionto see if any of the members would.have.any issues. attending the November 9., 2022 meeting. At this time all Commission Members present at the October I I.,.2022 meeting can and will attend the November meeting: Adiou rnrnOit Being there: no further business, following a motion from Commission Member Patrick,. seconded by Commission .Member Farrell, the meeting :adjourned at 73.1 p.m. Respecifullysubmiued, Melissa Linvrence ...........................:.............:......................................................................................................... City of Gem Lake Planning Commission Meeting Minutes October 11,:2022 2 P a g e City of Gem Lake Received Heritage Hall 4200 Otter .Lake Road I Gem Take, MN 55110 JON 19 2022 651-747-27901921651-747-2795 (fax) E-mail c3f0„i t�clnikeml;;or« Gt'y of Gem Lake Variance Request The City Council, sitting as the Board of Appeal and Adjustment, may grant.Variances from.fite strict applications of the provisions of the Lund Use Ordinance and impose conditions and safeguards in the Variances so granter!. These Variances shall he considered Incases where by reason of narrowness, shallowness, or shape of a Cot or whereby reason. of exceptional topographic or water conditions or where at/ter ertraordinary and eveeptlonal conditions such of such lot exist, the strict application of the terms Zoning Ordinance would result in practical d fftcultles upon the owner of such lot in complying with fire regulations of the zoning district in which said lot is located. "Practical difficulties, " as used In connection with the grant of a variance, means thatthe property ownerproposes to use the property, in a reasonable manner not permithed by. the Land Use Ordinance, the plight of the landowner is.due to circumstances unique to theproperty not created by the landowner; and the Varlance, ifgranled, will not alter the essential character of the locality. Economic considerations alone do not constitute practical difficulties. Practical dijficultles include but are not limited to, Inadequate 'access. to direct sunlight for solar energy systems. A variance may.not be granted to allow any use that is not -allowed in the. Zoning district'in which the property is located. LICENSE APPLICATION CHECKLIST: To prevent delay,. please ensure the following information is submitted. C] Permit Fee (if paying with. cash we can only accept exact change) 0 S500.00 11 Site Plan • Building. Locations (dwelling, garage, acecssory. building) 0 Me [rimpruvements.[fences; walks, lighting, docks; etc,) 0. Yard..(front, side, reer, delineating sethacks) 0 Wetlands, lakes, stieams, ditches, including €06year stone eievation E) Schedule (whcn.does applicant intend to construct) • Additional inrormation, if required ❑ Ccititicite af..Survey, or bill legal: desc ription Applicantlufortnatinn.-...�.�.,,w.....�...,....�....n.__..._._.........,...W..mM...,....�..,,....M»..,._.�.._.....�.,.,.�,.�,,e..�.�,n...,.�._.m......�..........................................-.._w,,.-_...,......m.,..,� Name: M�1 1:0... M u. C Z Yl !ionic Phonc, E 9 celf; Business: W 1 A Email: IIroperty Owner: M i Ll c+ i M Lk S€te Address: ! d H H .a r "t r ` '.- - -� Q__ City: state:` Zip: S ' f 6 Property is coned as, Existing use. pfthe:silc;. Description of Variance toeing requested; y L� , .. { "A P � � 1L1 -. Setbnieks: R 4QRkt_ . bsisfin ReaveMed Front Yard Side Yard Side Yard Rear Yard C� Other (Specify) of Gem Lake Variance Request - Page 1 of.2. Appllea nrunderstands that the Variance: Application fee Hill not be refunded if, after bclag subm1ricd. the applicatin n is denied or Ilir applicant chooses to withdraw, it is the policy of City of Gem Lake that all id tit tiftabit costs associated with a Variance Application within the City of Gem Lake.shit] t.he the sole. responsibility of the owner of said pro perty.The costs shall include: bul arenot timited to Ihe.following, Gem Litke planning review costs (reports, meetings; site review p. engineering review costs; ltgaI costs (preparation of hearing norlem least research,. ccrtftlea[in n Costs); publicartort costs (noiicc:af hraring); reapportionment of assessments.(engineers report); mailings and Ownership Reports (ow nershkplencumbrance). Norm approval by the City -of Getn Lake City Ceunefl, ail expenses to date sha11 he paid by the owner..SubsegnenI expenses not pald at the: time of )heal approval (dtic 1u hill ings by cons uitaitts! etc.) shall he. due: upon receipt. ora biI fing'from the City of Gem.Lake. Applicant. Signature: . 2! UZ/ T]atc-, to -ZI?- Z -7— prior to applying for a variance it is recommended that the applicant contact the zoning administrator in order to discuss the proposal. Data Practigc§ Advlsory fTennessen Wit ralnel 1 understand that sane of the informalion provided on this fwrn will be public data. Public data is -available. to anyona who makes a mquesI for such :in formation, Cinder the Minnesota -Data Piacticm.Aet; your address, email andlor telephone number are private data, You may choose not to provide some or all ofthis private data, but it mnycauseyour variance request to.be denied, By completing this. in formation, you are consenting to allow the. City of Gem. Lake staffto share this information in order to: administer Gem Lake Ordioances.regard irig variences..Pleasesign below to. affirm: that you have read this notice. .Applicant Signature- Date: ( - _z_ Review Process I_ Stubmit 15 copies of application.and supporting. informiition [o the City,of Gem Lake: Also submit 15 copies of all pians which exceed I I " x 17' in size. Any application mint be received three (3) weeks before the T'd Tuesday of the month in which the app.licam would Iike the Planning Commission to. nwiew'the proposal (to a11pw:foi Public Hearing notice). 2. Planning Commission: 2" Tuesdayf the month at 7:00 p:m. at heritage Hall, 4260 titter Lake Road. Planning Commission Mceting Date: A Iml i as a i 3. City Courtcil: Ya Tuesday of the month at 7:00.p.m. at Heritage Hall. 4200 Otter LakeRaad, Gity:Council.Meeting Datc; Standard 7'hc City Council will approve a variance only if it satisfies the..:descriptidn on Page one [l.), and the following facts are established: Without a variance, applicant would be deprived ❑frights commonlyenjoyed by others in the same district A 'The. special circumstances do notmsult from actions of the applicant Granting. the.variance will not confer the applicant any special privileges Will not iitcrease traffic. congestion on public streets la W ill not endanger public safety .El Wilt not diminish established property Value QfGcc t]se Only Conditional Use Permh paid_ Date.Applianion Complete. , �. `Z 2 12, 0 cash C3CCheck, Check No.. ' + Receipt Na.: "� e-} &. 4.0 Conditions Approval.hascd. on the rollowing conditions: Date Variance Granted - )Hate Variance Denied: City of Gem Lake Variance Renuesr - Paee 2 9 77 0 M V 0 cn o . • ...,r V7 r ro co I p p xE— s m Q m cs z NO d O ' C7 A W ; W t0Err it �+ U+. P 4 I-M �� � Z E�r s� .. �� � � �.0 C 3 ., �. ✓ xw i} —+�Q� LQ 7i k� rip j 0. 3 o m x [n ; { 7 i 14. I x m .� 0 C7 I A i:T C 1 N 27.17L N rT: 1 � NRj 5 E i O. 10:a D E 1 � 111 E CD th W to [� ip VI 61' [}1 a7 ill w g t •V l41 % 1, L-471A �. } � 4�6T 2- �� a� ��, ter•._ � i ! i ��r� Ibk �t I i 4 I }' 1 �UJ N34Y3SV3 xz -71 L5'�4z tN s 3 _ ►r JN WZ ,�►� `. ■ !j' ui �' �� .N ry 1 T,''• � ter_ � W 3M -40 3003.- 0 N v I k�IItIrl ONY 1 t 1 1 3 M LU �.. 30VNIVd(3-, -+. i 3 � 'i, WOW M M01.00N r CERTIFICATE OF SURVEY -for- MIKE AND ALICIA .MURZYN. -of- 10 HILLARY FARM LANE GEM LAKE, MN I ..1 .zw� N11.39'S5-E1 24:t5 . GAIN LAKE �•;' ;'` -'� '?� ONVi.946:7 (RAVD 08) PEP a1NOfJR w i 1�•ai: ^^ K] N oto , f I - _r1i+�R• r LEGEND 9 DENOTES IRON f7DNl1MEN7 FOUND e11.t. DENOTES EXISTING ELEVATION "x+o DENOTES RETAINING WALL. DENOTES PAVER SURFACE BENCHMARK HNDOT aEf[CHHAW 6222 G ELEVATION; 962.61("A as) Lot 6,, Block I, HILLARY FARM ADDITION, Anoka County, Minnesota. Professional Land Surveyors wwv.egrud.com 6776 Lake .Drive NE, Suite 110 Lino Lakes, MN 55014 Tel. (651) 361-6200 Fax (651 ) 361-8701 GRAPHIC SCALE 60 ❑ 30 . GO ix0 3 I INCFI a 60 FEET 3p f ! I L l S s 1 1 sa IIPAINA13E AN11 - V[rt1TY } SURVEY NOTES NORTH Field -survey was completed by E.G..Rud and Suits, Inc. on 09-27.22. 6earings Shown are on Ramsey 6onty datum. - par[e! Ft] Number; :27.3f1-22-24-017fF7.. Tnfs 0"ey was prepared without. tha benent. of title work: Addhtlona! Casement5,restrittl❑ns andfar encumbrances may exfst other than those shown hereon. Survey. subject to revhslon upon recelpt of a current [lthe [o[nmitment or an attarndy'S two opinion, • The purpose Or thEs survey was to verify the rear yard setbacks tv Gem lake. Add ltlonal site Improvements exLst that have not been located of this Urn e. •rs.A PAT{o •�'� 'i HOUSE DETAIL Z" : 30' w 4iti .r 1 PROPOSED •.w RETAINING ^-•r WAIL .—r I hereby certify that this survey, plan er repeat was prepared by me or under my direct supervWon and that.I am a duly Reglstered Land Surveyor under the laws of the State of Min nesota. )A -SON C Rijw Date: tW7j2o22 license N❑, 41570 E1D NG HORSE. DRAWN aPy,INF C-ECK ay" ]ER ~ Ina Nv; . 72106gL5 vAt6C xd:e3Qx F]ELO CREW1 PTrC7 Y._ :1 1a-07•xx —0 REID INro, FAF 2 SO-07-7x VENT COMMENTS aAi 3 No; DATE DESUUPTIDN 6r PRCJ� 22; ')9 1721969LS.m1G Memorandum To: Gem Lake Planning Commission Copies To: Michael Murzyn, .Applicant Melissa Lawrence, Administrative Assistant Reference: Murzyn Variance Project No.: 18398.000 From: Evan Monson, Planner Routing: Date: October 31, 2022 SUBJECT: Variance request to construct an in=ground.pool located within the required 150 foot setback from the ordinary high water level of Gem Lake MEETING DATE: November 8, 2022. LOCATION: 1.0.Hillary Farm Large, Parcel. ID 273022240007 APPLICANTIOWHER: Michael Murzyn ZONING: Executive Residential (RX), Shoreland Overlay REVIEW PERIOD: 60 day review period.ends May 22-2022. ITEMS REVIEWED: Application, plans, and .payment. received by City on March 23, .2022. DESCRIPTION OF THE REQUEST" The property owner is proposing to build. an in -ground pool in the backyard of their property. Their lot is a lakeshore lot, located. on the east.side of Gem Lake. The owner's residence is located near the middle of the property, and.at a distance. of approximately. 154 feet from the ordinary. high water level (OHWL) of the.lake. The pool would be placed: just. west of the house, and at..a setback of 128.4 feet from the lake at the nearest point. Due to the lot's proximity to the lake, it.is withiri the Shoreland Overlay, which is further detailed in Section 21 of the city's Consolidated Land Use Ordinance. The. setback from the lake (as measured. from the OHWL) shall be at a minimum of 150 feet. The proposed pool would encroach within this setback by 21, feet.; hence the variance request.. Variance requests are reviewed by the Planning Commission; and approved :or denied by the .City Council. TKOAP 1444 Cedar Street Suite 1500 1.Sa.int Paul, MN 55101 651.292.44o0 • tkda.corn An employee -owned company promoting affirmative action and equal opportunity.: Murzyn Variance Staff Report. November 8, 2022 Gem Lake Planning Commission Page 2 Q:10];2 =1:4 IT'S II'll I7$]:i►ti1_rI[am Description: 10 Hillary Farm Lane is a la ko: hore lot located on the east side of the lake;. The parcel is listed at a size of 5.34 acres, according to the .[;aunty GIS mapviewer. The property. has a single farnily residence on the lot currently, located rc u.ghly in the uenter.of the lot. The west end of the.lot dopes down a bit from the house.south and to tho lake:, with sorne frees and vegetation located along the shoreline. Land Use; Single Family Residential EVAULATION OF THE REQUEST Consolidated Land Use Ordinance Requirements. Setback requirements Section 21 covers the Shoreiand, which is lands With in. 1,000 feet of a water. body such as Gem Lake. These lands have heightened requirements that are intended to protect a water body from overdevelopment. Section 21.2.2 notes the minimum building or impervious surface's setback to -be 150 feet from a. water body. The proposed pool and associated impervious surfaces would be, at their nearest point, 128.4 feet from the OHWL of the lake. The house, at its nearest point, is 154.2 feet away, which is just beyond the 150 minimum setback. The.shoreline is not straight, so the. setbacks from the OHWL vary. Murzyn Variance Staff Report November 8, 2022 Gem Lake Planning Commission Page 3 Section 16.14 covers. the requirements for -outdoor pools. Section 16.14.2 notes that pools are prohibited in front yards for lots 'zoned or used.for singlefamily residential.', which this lot would be considered as. Since a pool is prohibited in the front yard, the only places to place. a pool are limited to the lakeshore side of the lot. The 2006 Zoning Ordinance had slightly:different standards for development within. the Shoreland Area; lands between 50 feet and 150 feet of the OHWL, of a water body noted that "No Building hermit shall be issued for any structure nor shall any structure be built within Zone 3.[Zone 3 is between 50 feet and 150 feet from the OHWL) if said structure Gohstitutes a. substantial feature of the landscape when viewed from the opposite shore or less than fifty (50%) percent of said structure is screened by natural vegetation." This may explain.w.hy.some nearby lots. have pools located closer than 150..feet. to the lake. Staff Comments As part of. the review .of therequest, comments were .collected from. staff and other agencies involved. or interested with the project. Watershed The subject parcel is located within the Vadnais Lake Watershed Management Organization (VLAWMO). Thewatershed had not provided comments at the time of this staff report.. Engineering The. City Engineer was ableJo review the submitted plans., and noted that there was. no..engineering issues/comments to address. Variance Criteria Below is the. Planner's findings in regards to the criteria for this request, with the criteria in italics. The Planning Commission should discuss whether the findings :arq met for approval, or if there are criteria that are. not met. Practical Difficulties,. per Section 17.4.1: • the property owner proposes to use the property in.a .reasonable manner not permitted by the zoning ordinance The request is to have a pool constructed within the required 150'foot setback from the lake. The placement of the house at 154 feet from the lake; slopes on the. site, and the prohibition of pools in. front yards limits where the owner could have a pool. The plight of the landowner is due to circumstances unique to -the property not created by the landowner The site is limited In where a pool could be built, primarily due. to some slopes. on the site: outside of setback requirements., and the placement of the house. The variance, if granted, will not alterthe. character of the locality Most of the lots along the lake have been developed. Historically, structures and impervious surfaces, such as in -ground pools, were permitted at.setbacks of less than 150 feet from the lake, meaning this proposed improvement would'notstand out compared to other lots nearby. Economic :considerations alone do not.conslitute practicaldifficulties Murzyn Variance. Staff Report. November 8, 2.04 Gem Lake Planning Commission Page 4 The practical difficulty is due to some slopes on the site outside of setback requirements, and. the placement of the house; economic considerations are not noted as a practical difficulty. Practical difficulties include, but are not limited to, inadequate accessto direct sunlight for solar energy systems N/A Section.17.4.2(B.) notes that when reviewing variances, that the city shall also consider the following: Adjacent Uses Development nearby.is characterized. by large lot single family residences. The proposed use, an in -ground pool., is.a permitted use, and is.common among single-family residences in this area of the city, • Air and Water Qualify The proposed development. should not impact air or water quality. The site would have, to adhere to applicable requirements fordrainage from the city and watershed district. Traffic Generation The proposed use would not generate traffic. Public Safety and Health The proposed project should not have impacts on the safety or health of the public, provided the development is built to code andadheres to any conditions placed on this variance. Area Aesthetics Structures and impervious surfaces, such as in=ground pools, were permitted at setbacks.. of less than.1.50 feet. from the lake on many nearby lots. • Economic Impact on the Entire. Area The proposed request would likely not have an economic impact on the %city. • Consistency with the Comprehensive Plan The Comprehensive PIan notes a need to protect the lake,. but does not spend much time regarding thespecifics of development around it. The.City :may place conditions on the request to ensure no damage or impacts to the lake result from the proposed variance. ACTION The. commissioners should review the criteria for the request, and determihe. if there are findings to support approval or denial. The.Planning Commission has the following options for this request: 1. Recommend the Council approve the request, with or without conditions 2. Recommend the Council deny the request, with findings for denial 3. Table. for further review/study Murzyn Variance Staff Report November 8, .2022 Gem Lake Planning Commission Page 5 RECOMMENDATION If the Planning .Commission finds -the request: meets the criteria for a variance, the Planner would recommend approval of the variance requestto construct an in -ground poof located within the required 15.0 foot setback from the ordinary high water level of Gem Lake, at:1D Hillary Farm Lane. If recommending approval, the .following conditions for approval would be recommended-, 1) The.applicant is. permitted to build the proposed pool and impervious surfaces at a setback of 128.4 feet from the OHWL of the lake, as shown. in the plans submitted to the city and reviewed with the request. 2) The applicant isrequired to acquire all necessary permits and :approvals from the1city for the proposed protect. 3) The applicant is required to adhere to all applicable local, State, or Federal regulations. 4.) The applicant €s required to acquire any `other applicable local, State, or Federal permits for this request..