Planning commission approves housekeeping zoning amendments, keeps owner‑occupied requirement for bed-and-breakfasts

The Lake Elmo Planning Commission voted Jan. 27 to recommend approval of a set of seven housekeeping zoning text amendments compiled during 2024, but commissioners specifically retained the existing "owner‑occupied" language for the bed‑and‑breakfast definition after public comment and discussion about short‑term rentals.

Staff overview

City planner Sofia presented the housekeeping bundle, describing seven discrete code changes intended to clarify current practice rather than establish new policy. Changes proposed by staff included updating the bed‑and‑breakfast definition to reference short‑term rentals and replacing an "owner occupied" requirement with language reading "the owner may or may not reside on‑site;" expanding the open‑space definition to explicitly include wetlands, stormwater ponds, steep slopes and sidewalks; clarifying off‑street parking to distinguish trucks (Class 4 and up) from smaller company pickups; tightening language to keep accessory buildings and structures out of front yards except for authorized encroachments; and adding two permitted encroachments (retaining walls under 4 feet in required yards and certain pool equipment pads in side/rear yards). Staff also explained proposed lot‑line adjustment language to preserve conforming lot status where feasible.

Public comment and commissioner concerns

Several members of the public spoke or submitted written comments. Mel Eder questioned whether the City's notice practice using the Stillwater Gazette reaches enough Lake Elmo residents and urged clearer agenda descriptions. Joan Zertman submitted emailed comments urging the commission to treat bed‑and‑breakfasts and non‑owner‑occupied short‑term rentals as distinct uses; Zertman wrote that non‑owner short‑term rentals should be treated as a commercial change of use subject to building and fire inspections, licensing and separate rules because of life‑safety and housing‑stock concerns. Joyce Kountum Heath suggested retaining a homestead requirement for B&Bs and asked that agricultural building setbacks be 40 feet rather than 6.

Several commissioners agreed the city should separate long‑standing owner‑occupied bed‑and‑breakfast definitions from investor‑owned short‑term rentals and voiced concerns about the housing‑stock and safety implications of permitting non‑owner short‑term rentals without licensing. Commissioners asked staff to treat short‑term rental policy in a standalone agenda item rather than fold it into housekeeping updates.

Motion and final action

After discussion a motion to approve the staff’s proposed text amendments failed on an initial voice vote when commissioners objected to removing the owner‑occupied language for bed‑and‑breakfasts. The commission then approved a motion to recommend the text amendments as presented by staff with one change: retain the existing owner‑occupied wording for bed‑and‑breakfasts (no change to code section 105.12.110.b.13). The motion was seconded and passed by voice vote.

What it means

The approved housekeeping changes otherwise proceed as recommended by staff, but the commission explicitly preserved the owner‑occupied limitation for bed‑and‑breakfasts pending a separate, more detailed review of non‑owner short‑term rentals, licensing and safety standards. Members of the public and commissioners urged the commission and staff to consider a distinct policy review for investor‑owned short‑term rentals that could include licensing, limits by zone and life‑safety inspections.

Next steps

The commission closed the public hearing, recorded the recommendation and moved on with the agenda. (The transcript does not record a specific City Council date for these housekeeping amendments.)