HomeMy WebLinkAbout2021 07-06 PC PACKETCity of Gem Lake, Minnesota
Planning Commission Meeting, July 6, 2021
Call to Order of Planning Commission Meeting
.By Chair bon Cummings at 7:_p.m•.
Call of Roll
Don Cummings Stephanie Farrell Joshua Patrick Art Pratt Derek Wippich
Acknowledge citizens or staff attending
Review and Approval of the Minutes of the June 1, 2021 meeting.
Public Hearings.
1. Amendment to the Gem Lake Consolidated Land Use Ordinance No. 131 modify language to
clarify agricultural uses in residentiaId istricts.
New Business
ip Review of items expected for review in upcoming meetings
o Update on potential modifications to Home .Occupations rules (Se.ptemberj
.o Update o.f Permitted Uses.inthe Gateway District (Fall)
o: Upda.te. on the.current state of the Comprehensive Plan (Year=end?).
■ Other open items from Commissioners or Council representatives
• Workshop with. City.Council = Mpnday; July 12,.2021-- CANCELED
■ Next.City Council. Meeting; Tue.sdaylune 20, 2021
Adjournment —The meeting adjvurned.at
CITY OF GEM LAKE
Heritage hall
420.0 Otter Lake Road Gem Lake, MN 55110
651.-747-2790192 1 651-747-2795(fax)
Email city r gen7iakenin.org
Gem Take Planning Commission Meeting
July 6, 2021
Sign in Sheet
Name
City of Gem Lake
Planning; Commission Meeting - June 1.2021
Meeting Minutes
Planning Commissioner Chairman Don Cummings called tlievirtuat.meetingto order at 7:0 p.m,
Commission Members Stephanie Rarrell,.:loshua..Patrick, Art Pratt and. Derek Wippich were present. Also
present: Planning and Zoning Tom Riedesel, City Attorney Patrick Kelly, Mayor Gretchen Artig-
Swomley, and residents Daniel Meysembourg,.Ben Johnson, Jim Lindner, Issac Nelson,Harry Groves,
Hazel White, Cindy Scruggs, Bob Scruggs, Carol. Schacht.
Approval of Minutes
Pratt. introduced a motion to approve the minutes of the May 4 Planning Commission Meeting. Wippich
seconded the motion.. All in. favor,:motion:approved.
New Business
Cummings informed those in attendance that three public hearings would be held in succession, and that
the,. Public would have a chance to provide input on all three subjects. He stressed that there was only one
application on the table that. required action that being the matter -of a Conditional Use Permit for an 8'
fence on the applicant's property.. The other two matters would .be discussed, due to the intertwined: nature
ofthe .issues athand.
Cummings pointed out that each of the three topics had been properly noticed. in the White Bear. Press and
that neighbors within 354 feet of the property in question had been. sent a letter about the: public. hearings.
■ Amendment to the Gem Lake Consolidated Land Use Ordinance Number'131, RS Zone
District
Tom Riedesel reviewed a report on the request by Daft Meysembourg to begin an organic truck farm on
his property at4144 Scheuneman.RQad. After a careful look at the various applicable ordinances for this
type. of use, lie determined that the use was.permitted; although the lot. was only .44 acres in size.
Wippich introduced a motion to open the public. hearing on the Consolidated Land Use Ordinance 131.
Pratt seconded the motion..AlI in favor, motion approved.
Cummings stressed that no application for variance, amendment or'CUP.regarding this..ordinance had
been received - Due to the interconnected; nature of the farming request, lie felt it was a good idea to
discuss the possible need for future. amendments as .it regards truck farming. Since it. was. determined that.
this use. was permitted in this,zone, the commission. felt no particular: action was needed at this time:
Wippich suggested: that the commnissionlook at the possible need to place language: in the ordinance
section pertaining to makimurn percentage of a property that could be under cultivation far purposes of a
truck farm. Another suggestion was that truck farming be specifically limited to certain zones in the .city
or to property of a.certain defined size, such as.a minimum.o.f one acre:
Wippich motionto close the public hearing. on this matter. Patrick seconded. the .motion, All in favor,
motion carried.
ot Conditional Use Permit. at 4144 Seheuneman Road to Permit an 8.foot fence for Urban
Gardening
City of Gem Lake City Council Meeting Minutes June 1; 2.021
1lp.age.
Toro RiedeseI reviewed the applications, which pertained to.a request for an. 8-foot fence::around large
garden areas. He.painted out several issues as follows:
The standard fence ordinance in. Gein Lake limits fence height to b feet, rather- than 8;
The homeowner wishes.to:plant produce gardens up.to.the.fence line, rather than the 2.5-foot
set back required by the agricultural ordinance anal for fenced in garden areas.
8 foot. fences:are allowed by Conditional Use Permits for truck. far purposes, as long as
all other conditions of the ordinance are met.
Wippich introduced:a motion to open the public hearing on the matter of a. CUP for an 8-foot fence:on the
applicant's property for purposes of protecting crops from deer and other animals. Pratt seconded the
motion. All in favor, motion approved. The Commission discussed the. proposed project at length,.
including. a. short presentation from homeowner 1vleysernhourg..
Several. neighbors spoke up in support of Meyseriboilrg's organic farm concept.they included Bob and
Cindy Scruggs. They stated that the applicant. had . discussed .his plans With. them in detail and they were
comfortablewith the-.8 feet fence. The applicant stated that the fence was largely see4hrough. Pratt
pointed out. that the ordinance had language. pertaining to a requirement for fencing that was 80°% open:
Lindner asked the Applicant to clarify exactly where the fencing would be placed. Meysembourg provided
a document showing:the: fencing. plan and answered several questions.
Schacht asked the Commission to define the term "truck farming," According to Webster's Dictionary,
the term was determined to mean an operation that grew vegetables for sale.
Wippich motioned to close the. hearing. Farrell:seconded.the. motion. All in. favor, motion
approved. Pratt. introduced a motion that the Planning Commission recommend to. the Gem Lake City
Councilapproval of an application fora CLIP for an 8-foot fenee:for truck farming purposes an the
property awned by Dan Meysembourg, as long as the fencing was 80% open and'that. all .other conditions
of the ordinance were met, Wippich seconded the motion. All in favor, motion approved.
■ Variance at 4144 Scheunemn Road to allow reduced setback for garden fencing
reg uirements
Cummings introduced the subject by stressing that no variance. application had been received .for the
setback issue, as of yet. Therefore, today's discussion would be aimed atgatheriing feedback and ideas.
Farrell. introduced a motion to: open the public.. hearing. Patrick seconded the motion: A11 in favor, .motion
carried.
There was a lengthy discussion on the matter of setbacks for garden fences. The current code requires for
a 25 foot set back from property lines for an 8 foot garden fence. Due: to the small size of the. property
Me
ysernbo.urg felt this. would place.asignificant: hardship: on his organic garden concept by drastically
reducing the area of potential cultivation.
Pratt said he was not is favor of doing.a city-wide change in the entire ordinance to eliminate the.setback
requirement; suggesting instead that a. more strategic look at various zone districts might be a better
.approach. Another idea. was to treat. this as a potential. variance based on the uniqueness. of the .property.
❑+Iippich suggested taking a look at permitted uses :in each zone so tiny tots would not ..be used for truck
farming in the future.
City of Gem Lake .City Council Meeting Minutes June 1, 1023 2 ] P a. g c
City. Attorney Kelly provided an :explanation of the difference between a CiJP and a variance. He also
went into some detail as to permissible reasons .for granting a variance, according to. state .law. Nelson
said tie had no problem with the concept of organic.truck farining, as long as neighbors and the: railroad
had no issues With it.
Patrick introduced a. motion to close. -the public hearing on the set back question. Wippich seconded the
motion. All in favor; motion carried.
Pratt asked for precedents on how variances .have to pass the test for being unique.:to property
circumstances. Kelly said more information would be forthcoming.
C.umFnings directed Kelly to:ask Meysembourg to fill out.an application far a variance .on the set back
requirement for his property. Afterthat,.a public hearing could be scheduled for the. July Planning
Commission and voted on by the city council later that month.
Open Items.
Cummings gave:4 brief update on the conimission's work to update the home occupation ordinance. A
hearing on this matter with several. proposed changes will be held Iater in the summer.
The commission is also.looking at the list of permitted uses in the Gateway District in anticipation of
future development. There was nothing new to reporton the City's Comprehensive Plan.
Next Meetings[Woirkshop
City Council Meeting, June 14, 2021 at Heritage Hall: The. June Workshop is; canceled.
Adjourntnent
Being there no further business, following.a motion from Commissioner Patrick,. seconded by
Commissioner Wippich, the. meeting .adjourned at 8:46 p.m.
Respectfully submitted .Gretchen AMg-Swomlo.
City of Gem Lake City Couneil Meeting Minutes June 1,.202.1 3 11' a.g .g
Proposed changes to 5.1 5.3, and 7.3 of the Consolidated Land Use: Ordinance'131:
In order to clarify the City's intent regarding truck gardening and other commercial horticultural
uses; those uses are made conditional.uses in all Residential. Zone, The existing Garden
Overlay District can be invoked on lots over 10 acres or conditions can be established for those
uses on smaller fats.
>i9v► a From Section 5.1 Permitted Uses:
"5.1.2 Truck gardening and other horticultural uses provided that only those
products produced on the premise be sold or offered for sale."
To Section 5.3 Conditional & Interim Uses:
"5 3 8;TrUdk gorde ng and; other; commercial hvrticlalturai uses provided that
only those products; produced on the. premiss be sold of offered for sale:"
Since the City Council wishes to limit truck gardening and other commercial. horticultural uses to
lots where the garden fence setbacks can be reasonably met...
Change in Section 7.3 Conditional & Interim Uses:
7.3.1 C} The harboring and. housing of agricultural animals on lots greater than
one {1.0} acre.".
To:
"CY.7ruclr gardenl►ag anddther commercial ho►tr'cutfural uses
and/or the t arboring and. hour r g of agricultural an on to#s; greater;than one
{1 0) acre;"
Note. Existing language in Section 16.13. Rj 3 Fences allowed. by Conditional Use Permit,
already spells out adequately the conditional uses needed to address agricultural uses.)
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SECTION 4 - ZONING DISTRICTS. AND MAP
-iection.4.1 Districts
4.1.1. In order to carry out the purpose and provisions of this Ordinance; the City of Gern. Lake is hereby. divided into
the following Zoning. Districts and groups of Districts.
A) Residence.Districts
1) "RE" Single Family. Estate (5.0 acre minimum lot size)
.2) `%Y' Single .Family Executive (3.4 acre minimum lot size.)
3) `RO" Single Family Residential (1.0 acre n nimurn lot size)
4) "R.S" Single Family Residential. (0.50` acre minimum lot size)
B) Gateway Distract "G" (uses: deteii. ed by POD)
C) Open Space/Recreational "os/T2
Section. 4.2 Map
42.1 The. boundaries of the above districts ate hereby established on that certain map entitled.'"City of Gem Lake
ZoningMap," dated September 2017 and from time to time amended, which map. is properly approved and hereinafter
zeferred. to as the "Zoning Map". This. map and all of the rotations, references and other information shown. thereon
shall have the -same force and effect as it fully set forth and described Herein..
Section 4.3 Boundaries
4.3.1 'District boundary lines as indicated on said snap follow lot lines, the unter lines .of streets, alleys, or xailxoads,. the
center lines .of .streets .or.alleys.projects, the center of water courses or .the corporate limit lines,. all as they exist upon
the effective. date of this Ordinance or amendments thereto. If district. bomodary.lines do not. follow any of the above
described lines,_ the disttict.boundary lines are established as drawn on the zoning .m.ap. Where a District boundary line
divides a lot of record which was in single.. ownership at the time of enactment of this Ordinance. and places portions of
such lot of record in two (?) or more Use Districts, any.portion of such lot. with fifty (50'0") feet on either side of such
a dividing district boundary line may be used For any use of either Use District; provided, however, if any portion of
such lot.shall extend beyond.the fifty (50'0") feet limitation, the District line as shovm shall prevail. Appeals from the
Zoning. Administrator's determination .and questions of doubt concerning the exact location of District -boundary lines
shall be`heard.by the Board .ofAppeals
.
Updated November 7.., 2017 131 Gerry Lake Consolidated Land .
Use.Ordinanee-Page:I1
SECTION 5 - "RE ".-SINGLE FAMILY ESTATE RESIDENTIAL DISTRICT
The. +n±a+muin lot size in the "T_F zoning .district.is .ftve.(5) acres; but most of the existing. `estates' are.located :an land parcels
much larger than five (5) acres. All but one -of the parcels mapped as "estate" are built upon and axe not.expected to be subdivided
or re -developed in the near future. This Five (5) acre rr,inimuna.lot sizeplan. allows :for land transfers from the least denseiand
category to a classification that .allows for denser development. However, :it is important to note. that. the Gem .Lake
Compteliensive plan does not project or Assume any Ininiediate change in the existing: pattern of development on. these
properties.
If,. in the future, this Iand is sub -divided, it Would be is possible to include "RS" development along the perimeter thoroughfares
of the "RE" area to providediversity of housing.
Principal -And accessory buildings should be. located. so as to:allow for possible: future subdivision. to. "RX" or "R5" lots. In order
to maxitriiz& the efficiency of roads: and municipal :services, master planning; clustetIng orsimilar land use .concepts should be
used when. sub -dividing "RE" zoned land to maximize benefits. (Refer to pages 5-5 and 5-21 of the 2008 Comprehensive plan
for the source of these. details).
Section .5A Permitted Uses. Within any "RE" Zoned Residential Use District, no structures or land shall be used except for one
(1) or more of the .fnllotvinguses:.
5..1.1 One. family detached dwellings
5.1.2 Truck gardening and other horticultural. uses provided that only those products produced on the prerritse be sold
or offered for sale.
Section 5.2 Permitted Accessory Uses. Within. any "RE" Zoned residential Use. District, the .following uses shall be permitted
accessory uses.
5.2. 1.Attached or detached. housing for dome.stic.servants
5.2.2 Private.garage; cat port or parking;s.pare
5.2.3 The keepingof not mom than.. two (2).roomers
5:2.4 Private swimming pool, tennis court, horse training ring, an'd other sites necessary .to conduct a home sporting
event.
5.25 Home occupation
5.2.6 Signs as regulated by this Ordinance
5.2..7 Structures temporarily located for purposes of'construction :on..the. site for a period of time riot in excess of such
construction.
5.2.8 Conservatories for plants and flowers, not including any business, trade. or industry.
5.2.9 Decorative landscape features including but not limited to.pools, arbors, hedges, walls; shrubs, trees, etc.
5:2.10 Essential services
Section 5.3 Conditional & 1hterini Uses. Within any "RE" Zoned Residential Use District, no structures or land shall be used
for the following uses except by Conditional Use Permit:
5.3.1 Country clubs, golf courses and other private non-conarnercial recreation areas.aiid facilities, including swimming
pools; provided. that any principal building or swirnr"ung.. pool shall. be located not less than fifty (50) feet from any
other lot a an "R' District.
Updated November 7, 2017 131 Gem Lake Consolidated Land Use Ordinance - Page 12
5.3.2 Essential Service Structures
5.3.3 Structures with. side or rear elevations. up to ten. (14.'0.") feet in excess of the standard front building height.
5.3.4 Ag'cultural Structures,:including but not limited to barns;. stables, kennels and the.like. Structures :In which farm
animals or fowl :are: to be.housed shall require .a set -Lack of one hundred (100' feet of aq lot line except where the
following conditions.may providefor easing the restriction:.
A) The structure shall be partially screened from the views from neighboring houses, With said screening to be
existing or planted and maintained vegetation or the natural topography.of the lot andsurroundinglands and
with the amount .o:f. screening. to bemeasured at frill growth in the summer season;
B) the structure shall .beat least.one-hundred (1.000") feet frorn any well, ZSTS or neighboring dwelling;
C) the drainage characteristics of the. land shall be:such that the concentration of animals and..animal waste shall
not cause-real:or potential pollution or nuis.ance.problems;
D) the. design and construction materials: of the of the Structure shall be consistent.with the main dwelling on
the prop.";.
E) such other.factors..as may be.deetmed material by the City.
5.3.5 Bed and Breakfast Establishments
53.6 Vehicles, including motor home's, campers and trailers, in excess of 7,000 pounds or 20. feet in length.
5.3.7 Family Day Care. Hoene
Section 5.4. HO&Regulations
5.4.1 No principal structure: shall exceed thirty-five (35'0")feet in height and.no accessory: structure. shall. exceed twenty-
five (25'0") feet in height measured. from the.ground six (60") feet from. the primary &ont.entrance.to the highest. point.
of the roof structure.
5.4.2 Back and side facades may exceed thirty -:five (35'0'D feet.. in height but notmore than foity-five (4570") feet in
height subject .to a Conditional Use Permit which addresses., at. a minimum; the following criteria:
A) The facade Mi question should be partially screened from compatable and Treasonable vantagepoint views of
the neighbors while in their dwelling(s), said screening tobe.: by existing or planted and maintained vegetation.
or the natural topography. of the lot and surrounding lands with the amount of.screening tobe measured at.fuli
growth in the summer season- and
B) the verticality of any facade in question shall be interrupted by roof lines), deck(s), bow/bay window(s), or
other such three-dimensional architectural feature(s) which preclude the creation of an uninterrupted vertical
plane of greater than thirty-five (35'0") feet at any point; and,
C).chimneys, weather veins, cupolas, antennas and the like should not be counted as an element of the structure
for height measurements;. and,
D) low.er.ieyel walkout design features may he.:included only in .areas where the natural topography provides
for the design and. no artificial topographical build up or grading change:in excess of four (4'0") feet collectively
is required or created; and
E) whenevera side or rear elevation exceeds the allowed height. for that district, the structure must be further
set back from the side and: rear lot Lines: by the. standard set back distance plus two (Z'd") feet Eor every one
WO") foot above the: standard front height;. arid,
Tlndntr d Nniwmhnr7 ?017 1 i1 (zom i.nlra rrvpOrelinnn,�p—Paap 1.3
]~).such other factors as the City may:deterr ine based upon. the special or unique: conditions and: circumstances
of the lot and its :surroundings.
Section.:5.5 Area, Frontage and Yard Requirements
5.5.1 The following minimum requirements shallbe observed:
TABLE :5. 5.1
'T'QTAL AREA
BUILDABLE AREA
FRONTAGE
5.0 acres
50% total area
200. feet
FRONT YARD
SIDE YARD
REAR YARD
50 foot set -back
30 foot set -back
50 foot set -back
OPEN SPACE
LAKE FRONTAGE
751/6 total area
200. Feet
A) That portion of a lot considered as .the front yard shah be as detem7ined by the City Council.
B) All. Residential structures shall be set -back at.least one -hundred (100) feet from the -ordinary high water.level
o.F the %lak.e. The ordinary high.,.vater level of the lake shall be as deterrruned.by the Minnesota Department of
Natural Resources (DNR).
5:5.2 The foilow-ing structures taxi be erected within set racks as long as no part of the structure is closer to the front
o£ the lot than the tear of the principal structure:
A} Fences.
1) Fences. may only be placed directly on the property linewith thewritten permission of the: adjacent
prop". owner and -when maintenance free materials are used; and
2) All other fences may only be installed with adequate. set back from adjacent property lines to.prouide
for owner maintenance;. and
3) All, Fences installed Within the. 5et-back area must provide for a :Euiished faeade facing adjacent
property:
B) Patios, fireplaces, sheds and pools.
7 7n.77 r z-1 IZ t, ZU r-14,4-#n,I T- 4 rrr., ri=a;�,,�
SECTION 6. - SINGLE FAMILY EXECUTIVE "RX" RESIDENTIAL DISTRICT
Most of the presently Zoned. SV? land: iiz the City of Gern Lake zoningarea is developed. Additional new primary structures
within this. land use classification will. likely be constructed.within the range .of a,500 to.10..,060 .square foot of space,. similar to.
the existing.pximary structures. now in the rest of this district:
As additional land -is considered for rezoning.:into this. classification by planned re -.development and subdivision from the "RE"
zoned classification,: master planning, clusteting and other similar concepts should be used. to::maxinvze efficiency of roads and
municipal services: within the district. (Refer to pages. 5-6 and 5:-22.0£ the Gem Lake.2008 .Comprehensive plan for thesource
ot.these details)
Section 6.1 Permitted: Uses
6.1.1 Within .any' C' Zoned Residential District, no structure or laud shallbe.:used expect for one (1) or more4 the
EQ11owing uses:
A) All uses permitted mi Section 5.:1 and as xegulated. therein except. as herein amended.
Section 6.2 Pem-xitte.d Accessory Uses
6.2.1 Within .any "RX" Zoned Residential District, the following uses shallbe permitted as accessory uses:
A) Those uses or structures permitted in Section 5.2 and as regulated therein skull be'permitted accessory use,
except as Herein amended..
'ection 6.3 Conditional:& Interim Uses
6.3.1 Within any `9X' Zoned Residential District, no structure or land shall be used for the following.uses except by
Conditional Use Permit:
A) Those uses or structures listed as Conditional Uses in Section 5.3 and as regulated therein, except as herein
amended.
B) Two (2) family dwellings.
6:3.2.Structures with side or rear elevations up: to ten (10'.0") feet in excess of the standard front building Height:
6.3.3 Agricultural Structures, including but not limited to barns, stables, kennels and the like. Structures in which. farm
animals. or fowl are to be housed shall require a set -.hack of one hundred (100) feet of any lot litre except where. the
following conditions may provide for easing the restriction:
A) the structure shall.be'partialiy screened. from the views from neighboring houses, with said screening to be
existing or planted and maintained vegetation or the natural topography of the lot and surrounding lands
acid with the amount of screening to be measured at full growth in the .summer season;
B) the structure shall not be .less than one -hundred (100'.0' ] feet ftorn any well, ISTS or neighboring dwelling;
C} the drainage characteristics of the land shall' be such that the concentration of Animals and aninial waste shall
not cause real or potential. pollution or nuisance problems.;:
D) the design and construction materials of the of the structure shall be consistent with the main dwelling on
the property;
E) such. other factors as may be deemed material by the City.
7 .M77 131 Gertz Lake Consolidated Land Use Ordinance-- Page 15
6.3.4:Bed:and.Breakfast Establishments
6.3.5 Vehicles, including motor homes,. campers and trailers, in excess of 7,000 pounds or 20 feet in length.
6. 3.6 Family Day Care Home
6.3.7 Country clubs; golf courses and other private non -.commercial recreation: areas.azid facilities, including swimming
pools; provided that any principal building or. swmi lining pool shall. be located not less. than. fifty (561) feet from any
other lot in a residential District.
6.3.5 Essential service. structures
6.3.9 Double Homes
6.3.10 Townhomes and Villas, attached and detached thru the PUD process
Section .6.4. Height Regulations
6.4.1 No principal structure shall exceed. thirty .(30'0') feet in height and .no. accessory structure. shall exceed fifteen
(150") feet in. height measured from the ground six (670") feet from. the: primary frontentrance to the highest.pv nt of
the roof structure..
6.4.2 Back and side facades may exceed .thirty (30'0"): feet in height but not more than forty.(40'0") feet in height subject
to a. Conditional Use Pe trit which addresses, at arninirnurn, the. following critezia:
A) The facade in question should be partially screened from comparable: and reasonable vantage poin.tviews(
of the neighbors chile in their dwelling(s), said screening to be by existing or planted and maintained
vegetation. or the natural topography of the lot and surrounding lands with. the amount of screening to: be
measured at full growth in the summer season; and
B) the verticality of any facade in question shall be. interrupted by roof line($), deck(s), bow/bay window(s),
or other such three-dimensional architectural feature(s) which .preclude the creation of an. uninterrupted
vertical plane of greater than thirty (30'0") feet at any point; and,
G} chimneys, weather veins, cupolas antennas and the .lilte should not be: counted as an element of the
.structure. for height.nieasurementq and,
D) lower. level walkout design features may be included only in. areas where the natural, topography provides
for the design and no artificial topographical .build up or. grading change in. excess of four .(0") feet.
collectively is required or created; and
E) whenever aside or rear elevation exceeds the allowed height for that:dlstrlct, the structure: must be further
set back from the side and rear lot lines by the standard set back .distance plus two (p'4"} feet for every one
WO") foot above the standard front height; and,
11) such other factors as the City may determine based upon the special or unique conditions .and
circumstances of the lot: and its surroundings.
Section. 6.5 Area, Frontage. and Yard Requiiternents
6.5A The following minimum requirements shall be observed:
Updated Noueniber 7.20I7 14.7 (7pn7 T.nIno rnncnif.•Iryt�q Pnv ii Jr n ln_4_
TABLE .G.5.1
TOTAL AREA
BUILDABLE AREA
FRONTAGE
3.0 acres
20%.total area
150 feet
FRONT YARD
SIDE: YARD
REAR.YARD
40 foot setback
15 foot:set-back
35. foot. set Back
OPEN SPACE
LAKE. FRONTAGE
50% total -area
200 Beer
A) A. side yard abutting -a street shall not be less than twenty (20) feet.
B) That portion ofa. lot considered as the front yard shall. be as determined by the City Council.
C) All Residential structures shall be set hack at least one -hundred (1aa� feet from the ordinary high water level
of the lake and its attendant. wetlands. The ordinary high dater level of the lake shall be as detem-Lined by the..
Minnesota Department. of Natural Resources.
6.5.2 The following structures can be erected within set -hacks as long as no part.of the. structure is closer to the front
of the, lot than the rear of the principal structure:
A) Fences
I). Fences may.only be placed directly onthe property line with .the written permission of the adjacent
Property owner and -when maintenance free materials are used; and
2) All: othex fences may only be installed with adequate set -back .from adjacent propertylines to provide
for owner maintenance and
3) All fences. installed within the .set back area must provide for a finished facade facing adjacent.
pxopertp•
B) P..ados, fireplaces, sheds and pools.
rTndatarl Mnvembor 7 2077 131 Gem Lake Consolidated. Land Use Ordinance --,Page 17
SECTION 7 -.SINGLE FAMILY "RO". RESIDENTIAL DISTRICT
The existing'structures within this .zoning district axe single family homes: found primarily along the edges of..the::City of Gem'
Lake. This district is almost fully developed -V ith single fan-iily homes: and the:Gem Lake Comprehensive plan does..norproject
or assume anygains in housing units Eton, this Zoning area. It is expected that any ]few residential construction or re-
development in this district wouldcontinue to he built in .a density of 1 residential unit per acre to maintain the visual feel. of the
area and the value. of the existing homes..
It is possible that additional areas, along the perimeter:major thoroughfares and along the edges of the: "RE" and "RX" zoning
districts; could be zoned as "RO" districts to provide diversity of housing: There are also lots within this district thatwould.
allow re -development if multiple: adjacent parcels are combined and existing structures moved or demolished. The: combined
Iand could then be subdivided.in smaller lots.
If further residences are added iri.this district,.rnastet planning, clusteriri . arid. similar concepts would. be used to.mayinlize the
benefits from.communityresources such: as municipal.water.and sanitary sewer.
(Refer to pages 576, 5.21 and 5.=23 of the.Germ Lake 200$ Comprehmsive..plan for the source.o.E the abovedetails)
Section 7.1 Permitted Uses
7.1.1 Within any "RO" Zoned. Residential District, no structure or land shall be used except £or one (1) or more of the
following uses:
A) .All uses permitted in Section.6.1 and as regulated therein except as herein amended.
B) Tkie harboring.and housing of agricultural anirnals.on lots less than. one (1.0)'Acre shall not be allowed.
Section 7.2 Permitted Accessory Uses
7.2.1 Within. any "qW".Zoned. Residential District, the following uses shall he permitted as accessory uses:
1) Those uses or structures permitted. in Section ..6.2,. excluding and as regulated therein except as herein
amended:
B) .Switxirning pools provided such pool is fenced :so as to control access .and is located not Less than. fifteen
(15� feet from any other lot in. an'.R' District, and subject to Council .approvai.
Section 7.3 Conditional & Interim Uses
7.3;1 Within any "RO" Zoned. Residential District, no structure or land.. shall .be used. for the following uses except by
Conditional Use Permit,
A) Those uses. or structures listed as Conditional Uses in Section 6.3 as regulated therein, except as herein
amended.
B) Two-family dwellings,
C) The harboring and. housing of agricultural animals on lots greater than. one (1.0) acre.
D) Tow.nhornes or Villas
7.3.2 Structures with side or rear elevations up to ten (10'0") feet it excess. of the standard front building height:
Uvclated Novemfier 7.2017 1.31 [ren: Lake C'nnVOHdah d nand Tlvv nrd irnw-o— Pnva .]R
7.3.3 Agricultural -Structures, including but not limited to barns., stables, kennels. and. the like. Structures. in which farm.
animals or fowl are to be housed shall require a set -back of one hundred (100').feet of any lot. line except where the
�,. following. conditions mayprovide.for easing the restriction:
A) the structure shall be partially screened.from the viewsfrom neighboring houses,. with.said:screenzng to be
existing orplantedand maintained vegetation or the natural topography of the lot and surrounding.la.nds and
with the amount of screening to -be. measured. at full growth in the summer season;
B) the structure shall not be less than. on..e-hundred (.100'0") feet from any well, ISTS or. neighboring dwelling;
C) the drainage characteristics of the land shall:be such. that 'the concentration of animals and animal waste shall
not cause real or potential. pollution or nuisance problems;
D) the design and. construction materials of the of the structure.shall be consistent with the main dwelling. on
the property;
E) such other factors as may be deemed material by the City.
7.3.4 Bed and Breakfast Establishments
7.3.5 Vehicles, including motor homes,. campers and trailers, in excess of 7,000 pounds .or 20 feet: in. length.
7.3.6 Family Day Care Home
Section 7.4 Height Regulations
7.4.1 No principal structure shall exceed thirty (30'07) feet in height and no accessory structure shall exceed fifteen
(15V') feet in height. measured from the ground. six: (610".) feet from the primary front entrance to. the highest point of
the roof structure.
7A.2 Back and side facades tnay exceed thirty (30'.0") feet in height. but not more than Forty (40'0") feet in heighr:subject
to.a. Conditional Use .Pern-i t.which addresses, at a minimum, the following criteria:
A) Tle facade it question should biapardMy screened from comparable and reasonable vantage point.views..of
the neighbors while in their dwelling(s), said screening to be by existing or planted.and maintained vegetation
or the natural .topography.of the lot. and surrounding lands with the amount of screening to'be measured at full
growth in the summer. season;. and,
B.) the verticality of any facade in question shall be interruptedby roof line(s), deck(s), bow/bay window.(s), or
other such three-dimensional architectural featute(s) which preclude the creation of.an unimtetrupted vertical
plane of.greater than thirty (30'O") feet at any -point; and,
C). chiann7s, weather veins,. cupolas,: antennas and the like:should:not be counted. as.an element ofthe structure
for height measurements; and,
D) lower level walkout design Features may be included only in areas where the natural topography: provides
for the design and no artificial topographical build up or grading change .n excess of four (4'07) feet collectively
is required .or created;. and
E) whenever a side or rear elevation exceeds theallowed height for that district, .the structure must be further
set back from .the side and rear .lot lines by :the standard set back distance plus two (2'0") feet for every one
(1'0") foot above the s.tandard.front.height;:and,
F) such other factors as the. City may detern-ine basedupon the special. or unique conditions and circumstances.
of the lot and its surroundings.
Section 7.5 Area, Frontage and Yazd Requirements
7lnrlrrtoel NnuRmhor 7 M 17 131 C:vrn hik-p consnlidaled Land TAP nrdinanre —.Pave 19
7.5.1 The following n inimum.requiteztments .shall be observed:
TABLE 7.5.1
TOTAL AREA
BUILDABLE AREA.
r-RONTAGE
l acre
20% total area
154 feet
FRONT YARD
SIDE YARD
REARYARD
D
40 foot set -back
15 foot set -back
35 foot set -back
OPEN :SPACE
40% total area
A) Aside yrard.abutting a s.treet.shall not .be less than mventy (20) feet.
7.5.2 The followingstructures can be erected within set -backs .as.long as no part of the structure is closerto. the front
of the lot than the rear of the priuiciPal structure:
A) Fences
1) Fences -may only be placed directly on. the property line With the written permission..of.the:.adjacent
property owner and when maintenance £rcc.matetials are used; and
2}:All other fences may onlybe installed with adequate setback from adjacent propertylinesto. provide'
for owner maintenance; and
3) All fences installed within the set -back area must provide for a finished facade facing adjacent
Property_
B) Patios, fireplaces, .sheds. and pools.
7 inrlrrtod ATnvamhor 7 7017 T 41 r:'m T nlrn (nr cralirintor] T'wd rt,, n,;v.,,i7no An.7o w)
SECTION 8 �-- SINGLE FAMILY "RS" RESIDENTIAL DISTRICT.
ie existing structures within. this. zoning district are single family homes found primarily along theedges of the City of Gem
Lake.. This district is. almost fully developed with single family homes and the: Gem. Lake Comprehensive plan does not.project
or assume any .gains .in liousing units from this Zoning area. It :is expected. that any new residential construction or re-
development in this district: would continue to be. built with a density of approximately 1:teisidential unit.per acre to maintain
the visual feet of the area. and the value of the existing homes.
It is possible that..additional areas, along the:p:etimeter major thoroughfares .and along the edges of. the "RE" and "RX°' zoning
districts, could: be zoned. as "RS" districts to provide diversity of housing.. There:are also .lots within this district that would .allow
re -development if multiple adjacent. parcels are combined and existing structures moved or demolished.. The combined.land
could then be subdivided in smaller lots.
If.further residences. are added in this :district; master planning, clusteringand similar concepts need to would be used to
maximize.the benefits from: community resources such..as municipal water and sanitary
(Refer -to pages 5-6,.5.21 and -23 of the Germ. Labe 2008 Comprehensive plan for the source of the above details)
Section 8.1 Permitted Uses
B.1.1.Within. any . ..Zoned Residential District, no structure or land shall be used except for one (l.). or more of the
following uses:
.A) All uses permitted. in Section 7.1 and as, regulated therein except as herein amended.
Section 8.2 Permitted Accessory` Uses
.8:2.1 Within any "RS" Zoned Residential District, the following uses shall be'petmitted as accessory uses:.
A) Those uses or:structures.permitted.in Section .7.2:and as regulated. therein except -as :herein. amended.
Section 8.3 Conditional & Interim Uses
8.11 Within any "RS" Zoned:Residential District,.no structure. or land shall. be used for the following uses except by
Conditional Use:Permit.
.A) Those uses or structures listed .as Conditional Uses in Section 7.3 and as regulated therein except as herein.
amended.
B) Dwelling - Two-family.
C) Townhornes and Villas, attached and detached thm. the.PUD process
D) The harboring and housing of agricultural animals on lots greater than one (1.0) acre.
8.3.2'Sttuctures.with side or rear,.elevations up. to ten (10'0") feet in. excess of the standard front building height.
8.3.3 Agricultural Sttuctu'res, including but: not. limited to barns,, stables, kennels and..the:like. Structures. in which farm
animals or fowl are to be housed shall require a set-backof one hundred (100.`} feet of any lot line except where the
following conditions may provide for easing the restriction:
A) the structure shall be partially seteened.from the views' from neighboring houses, with. said screening w be
existing or .planted and maintained vegetation: or the natural topography of the lot and. surrounding lands and
with the amount of: screening to bemeasured at.full..grozr5th.in%the. surnrner season;
B) the structure shall notbe less. than one -hundred (100'0") feet from any well, ISTS or neighboring dwelling;
iAwlnlarl Nnwmhar 7 2017 131 Gem Lake Consolidated band Use Ordinance —Page 21
C) the drainage characteristics of the land shall be such that the concentration of animals and animal waste. shall
not cause real or potential.. pollution. or nuisance problems; �.
D) the. design and construction. materials of the.'of the structure shall be consistent with the main dwellhxg on
the property;
E) such other factors as may be deemed material by the City.
83.41W and. Breakfast. Establishrrients
8:3.5 Vehiclesjnclud'ung motor homes,..campers and trailets,.in excess of 7,000 pounds or 20 feet in length.
8.3.6 Family Day. Care. Horne
Section 8.4 Height Regulations
8.4:1 No principal structure shall exceed thirty (30'0") :Feet in heigbt'and no. accessory structure .shall exceed fifteen
(15'0") feet in height measured from .tbe ground six (6'0") feet froth the primaq front entrance to the highest poirxt of
the roof structure:
8.4.2 Back. and. side facades may ,exceed thirty (30V') feet in.height. but not more than forty (40'0") feet in height subject
to a Conditional Use Femxit which. addresses, at minimum,.. the following criteria:
A) The facade. in. question should be partially screened from comparable and reasonable vantage point views of
the neighbors while in their dwelling(s), said screening .to be by existing or planted and maintained vegetation
ot the natural topography of the lot and surrounding lands with the amount of screening. to be measured at full
growth in the sunnrner season;. and,
B) the verticality of any facade in question shall .be interrupted by roof liiie(s}.deck(s), bow/bay windows}, or
other such three-dimensional architectural feature(s) which preclude the creation. of an unwi terrupted vertical
plane of greater than thirty (30.'0.") .feet at any point; and,
C) chimneys., weather:veins, cupolas, antennas and the.like should not be counted. as an element of the structure
for height measurements; and,
D) lower level walkout design features may be included only in areas where the natural topography provides
far. the design and no artificial topographical build up or grading change in excess of four (4V0 feet collectively
is required or created; and
E) whenever a side or rear elevation exceeds the allowed height for that district; the structure must be further
set back from the side and rear lot lines by the standard set back distance plus two. (2'0") feet for .every one
(1'0") foot above the standard front height;. and,
F) such other. factors. as. the City may determine based upon the special or unique conditions -and circumstances
of the lot And its surroundings.
Section 8.5 Area, Frontage and Yard Requirements
8.5.1 The:fo.11owing minimum requiremerits shall.be observed:
A) When.on-site`septic systems will be used for structures constricted in the "RS" zoning district the following'
applies:
Undated .November 7. 2017 737 Gem Lake C'nnvnlidatnd:Land rLse.,Ordinanra— Pnao 22
TABLE 7.5.1 A)
BUILDABLE AREA.
FRONTAGE
TOTAL AREA
75% total area
1.00 feet
.75 'acre
FRONT YARD
SIDE YARD
REAR YARD
35 foot set -back
15 foot set -back
25 foot setback.
OPEN'SPACE
40% total area
B) When city sewer is. Currently. available and wiil beiised for the: structures constructed in the. "RS" zoning
district -the following applies. -
TABLE T5.1 l3)
TOTAL AREA
BUILDABLE AREA
FRONTAGE
.50 acre
75% total area
100 feet
FRONT YARD
SIDE YARD
REAR YARD
35 foot set -back:
15 foot set -back
25 foot set -back
OPEN SPACE
40% total area.
C) it side yard abutting a street shallnot be less than twenty (20) feet.
8.5.2 The following structures can be erected widdri set -backs as long. as no Pitt of the structure is closer to the front,
of the. lot than the. rear o£ the.principal structure:.
A) Fences.
1) Fen(es. may only be placed directly .an the property line -.with the written. permission of the adjacent
property owner and.when maintenance free materials areused; and
2) All other fences may only be installed with adequate set back from adjacentproperty lines to provide
for owner maintenance; and
3j All fences installed Within the set -back.: area must provide for a finished facade facing adjacent
Property.
B) Patios, fireplaces; sheds and pools.
r ,,;r., d 71).17 131 Gem Take C:nnsnlidated Land Use Ordinance -Page 23
SECTION 9 — GATEWAY 11G7' DISTRICT
:9.1 The intent of the Gem Lake Gateway District ("Gatewa)?' or "G'' is intended :to. allow for development -and redevelopment
of the. real property, associated with Hoffman Corner and points westward along Ramsey County Road E extending northward
to theborder with .the zoning .districts identified..in Sections 5 and. G. of this Ordinance. This area.. has been the subject of a
vision mg.studyand.iincludes both comrnercial.and residential opportunities as described:in the City of Gem Lake. Comprehensive
Plan and other city documents.. As introduced by.the visioning plan and. envisioned by the Comprehensive flan, the Gateway
will emphasize commercial . development and/ redevelopment in the. Hoffman Corner intersection which traditionally has
been the location of the Gem Lake commercial district.. As one moves westward -along County Road E, the intent ofthe Gateway
is to transition..itnto more. residential type neighborhoods becoming less dense until.it transi.twas to either the Estate Residential
:district or the. Executive Residential district.
It maybe permissible to apply tq rezone the Neighborhood Edge subcone of the G District to existing: traditional. zoning (RE,
R3 , RS, RQ} provided. all setbacks and area requirements .of said sections are rnet. Any such rezoning may preclude the use of
Planned Unit Development as an option.:
9.1.1 Purposes. Specifically, the Gateway zoning districtwill attempt to -
A.) Promote development -andredevelopment consistent with the visioning plan for the Gateway area by
encouraging residential uses. in con)unction with commercial and expanded recreational :activities which in turn.
Will : create an active street: life, while enhancing the vitality of businesses and reducing vehicular traffic.
B) Provide for mixed -use development(s) that are. carefully planned to promote. efficient. use of land;.parking:
and roadway systems.
C) Provide enhanced oversight. through conditional use permit provisions., to ensure compatibility of mixed.
uses. and. consistency with the approved master plan for the site..
D) Ensure compatibility with surrounding neighborhoods..
E) Provide significant incentives to promotemixed-rose redevelopment projects.
F) Encourage sustainable architectural,. engineering and landscape design that zs :' lernerited by responsive
green construction practices.
G) Preserve natural resources, minimize the carbon footprint of the City, and establish a.key zone within Gem
Lake. that is respectful of neighboring areas and is instructive for future generadorm
H) Encourage pedestrian and bicycle use.
I) Ensure that .cor merdal and residential uses in a development are designed. to be compatible with. each other..
]} Ensure high. standards .of site design, spatial relationships, architectural design, building materials and
landscape design,
K) Seek to put in place those areas identified in the Comprehensive Plan (as supported by them -aster plan) that
includes four "sub -zones":
1. Neighborhood Edge: Intended for lower density single-family residential. housingdevelopment to
act as a.transi6on betweennew mixed -use construction and existing single-fannily .detached structures
on adjacent lands. This subzone in its basic form will .accommodate. sinngle-.family dwellings on larger;.
lots, or with application of:incentives; more compact horns.. on.. common. larger lots or on compact
lots with enhanced buffers (used in clustezing), shared .with accessory buildings and generally served
from:a.front or side driveway. This subzone may be used to acconirnodate the development of public
open spaces as -id entzFed`in Section 10 and Section 18.20 of this Ordinance.
Undnhod Nnvnmbvr 7 90.17 1:Z I fZ.; ..r a I_": 7 T r