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HomeMy WebLinkAbout09/20/1978 P&Z MinutesThe zqular meeting of the Lino Lakes Planning and Zoning Board was called to order t 8:08 P.M., Wednesday, September 20, 1978 by Chairman Gourley. Members present: Gourley, Mattson, Bohjanen, Schwankl, Reinert. Members absent: Hill, Shearen. Mr. Reinert moved to approve the minutes of the August 16, 1978 meeting as presented. Mr. Bohjanen seconded the motion. Motion declared passed. Mr. McLean asked to give his report later in the meeting. Bran Dobie - Subdivision by metes and bounds Mr. Dobie presented his arial maps and overlay and explained he has already started construction of the street. He is working with both Mr. Gotwald and Mr. Mobley regarding street construction and water drainage. He further ex- plained his development has received preliminary approval by the Rice Creek Water Shed District (RCWD) and he has documents to that effect. He will go before that Board again on September 27, 1978. Mr. Reinert asked Mr. Dobie if the water table was rather high in that area. Mr. Dobie said he was designing the area with this in mind and felt his pond- ing and drainage was very adequate. Mr. Dobie asked about the letter of credit. Mr. McLean explained that Mr. Gotwald would have to establish an estimate of what the street construction would be and then Mr. Dobie would obtain a letter of credit from his bank for one and one half times the construction cost of the road. This letter would be kept in the City office. Mr. Dobie explained the problem with the drainage through a culvert under Main Street. It is undersized and positioned wrong. He said he would take legal action if necessary to remedy this situation. He expected cooperation from the County and the RCWD on this matter and legal action then would not be necessary. Mr. Dobie explained a proposed future roadway that would extend from his pre- sent street along the west side of his acreage. Mr. Van Kleek owns the adjoin- ing five acres and he has asked him to help in blacktopping this street. How- ever they have not come to an agreement on this. He noted that Mr. Van Kleek would like to split his five acres into two long parcels but Mr. Dobie felt this was not the best way to handle this five acrea. Mr. Reinert thanked Mr. Dobie for coming and for a very thorough and enlight- ening presentation. Mr. McLean said Mr. Dobie was to be congradulated on his approach. Plat - Ulmers Rice Lake Addition III The Clerk had not received the City Engineers comments and recommendations on this plat. Mr. Bohjanen moved to table this plat until all materials are in. Mr. Reinert seconded the motion. Motion declared passed. The Clerk was instructed to write a letter to Mr. Gotwald regarding this action. Variance - Lee Robinson Mr. Gourley noted that a certificate of survey with a complete legal description was not present as specifacally requested. This matter was tabled and the Clerk was asked to notify Mr. Robinson of this action. Page -2- September 20, 1978 Variance - Ronald Van Kleek Mr. Van Kleek had presented a variance request to transfer title on a piece of property less than 24 acres in size. Mr. McLean asked Mr. Van Kleek if he had any comments on Mr. Dobie's state- ments regarding his property. Mr. Van Kleek said, No., not really, he now owns the five acres and wants a variance to split it so it can be sold. Mr. Gourley noted that the legal description was not correct, it encompassed the entire five acres rather than describing two separate parcels. Mr. McLean noted that this was an ideal opportunity to divide the five acres into 1% acre lots. Mr. Dobie agreed this was ideal for this property. Mr. Van Kleek asked to withdraw his variance request and said he would submit a plat. Variance - Harry Hughes Mr. Hughes has requested a variance to combine a parcel of land 50' x 135° with a parcel he already owns. Mr. Bohjanen moved to recommend that Council approve this variance. Mr. Reinert seconded the motion. Motion declared passed. Variance - James Spears Mr. Spears requested a variance to keep a fence he has already constructed that is more than 34' in height from the rear of his house to the street right of way and has less than the 30% free air space. Mr. Spears said this fence was constructed for privacy and to keep unwanted neighbos and animals off of his property. Mr. Gourley explained that the Board has never approved a variance for a fence over 34' in height from the rear of the house to the street right of way. The Board would have to be consistant and deny this variance. Mr. Spears felt the ordinance was unfair and he did have the approval of the adjoining landowners. Mr. Mattson explained that if this Board denied the variance Mr. Spears could go to his elected officials for added help. Mrs. Schwankl asked if a variance for a chain link fence in the front of the house could be granted? She was told it could be no higher than 34 feet. Mr. McLean suggested a variance could be granted for a 6' high fence from the front of the house to the rear of the house with 30% air space. This was discussed with Mr. Spears. Mrs. Schwankl moved to recommend to Council that a variance be granted for a 6' high fence from the front of Mrs. Spears house to the rear of the houseand that the entire fence have 30% air space. Mr. Bohjanen seconded the motion. Motion declared passed. Page -3- September 20, 1978 Variance - Forrest Tagg Mrs. Schwankl explained that Mr. Tagg is an over the road truck driver ans is presently out of town and asked that this variance be considered even though Mr. Tagg is not here. Mr. McLean noted that the variance is for a business for which Mr. Tagg is not zoned. He felt Mr. Tagg should appear before this Board to explain why he has applied for this variance. Mr. Reinert agreed. There were many questions to be answered. Mr. Gourley noted that the fee was not paid and probably a Special Use Permit would be more appropriate. Mr. Reinert moved to recommend this variance be denied. Mr. Mattson seconded the motion. Motion declared passed. Mr. Gourley siad he would personnaly tell Mr. Tagg what is required. Variance - Richard Klenck Mr. Klenck sent a letter to this Board stating he wished to withdraw his re- quest for a variance at this time since he has other boards he must get permiss- ion from. Variance - Robert Sorg Mr. Sorg has requested a variance for a long driveway over 300' in length. Mr. Gourley explained that the reason he was asked to appear tonight was to inform him that if this variance is granted he would be responsible for maint- aining the driveway in a condition that it could easily be used by emergency vehicles. Mr. Mattson moved to recommend to Council that this variance be granted with the understanding that the property owner is responsible for the maintenance of this driveway. Mr. Bohjanen seconded the motion. Motion declared passed. Mr. Ulmer arrived and Mr. Gourley explained to him that the Clerk had not re- ceived the Engineers report and the Board could not move on his proposed plat. Mr. Ulmer said he would talk to Mr. Gotwald about this. Mr. Menkveld was in the augience and said he had revised his plat of Caroles Estates II to reflect the Engineers and Planners suggestions. The Clerk had not received any information on the changes. Mr. Gourley said he would look over all material that is received in the Clerks office and will decide if he should call a special meeting. Map - Fire Arms Regulations The Board reviewed the map prepared by Chief Myhre indicating proposed hunting boundries Mr. McLean noted that this is not a Planning and Zoning item but the Board could offer any input they wished. Page -4- September 20, 1978 Mr. Gour2ey noted he did not feel that the shot gun situation was that danger- ous at this point. No action was taken. Letter - Church of St. Timothy The Church of St. Timothy had sent a letter along with a sample ordinance ask- ing the City to establish a minimum standards local ordinance governing the condition and maintenance of rental dwellings. Mr. Gourley noted that the State has a lot of statutes regulating landlords, etc. Our Building Inspections Department and the Anoka County Health Depart- ment are able to handle our situation. Mr. Mattson said he appreciated the concern but for the present felt the City was doing an adequate job in this area. Old Business Mr. Reinert felt that maybe nothing more could be done at this point but asked the Clerk if she could further screen materials coming to the P & Z Board. New Business Variance - El Rehbein and Son El Rehbein and Son has asked for a variance for a setback 2' within the 30' street set back. Mrs. Schwankl suggested that this Board could pass it on to the Council for the Attorney to look at. Mr. Gourley felt some action should be taken by this Board. There was discussion on this variance and Mr. Gourley noted that it was not clear what the footage was. Mr. Bohjanen moved to recommend to Council approval of this variance request for a set back of 28' rather than the 30' street set back. Mr. Reinert sec- onded the motion. Motion declared passed. Mr. Gourley asked the Clerk to have Mr. Mobley check to see that the set back is not less than 28'. Mr. Hopkins who lives at 942 Main Street has asked the Building Inspector for a building permit for a pole building. The question was could this type of building be built on a lot of approximately 4 acre in a residential area. The Board felt this was a proper building request and asked Mr. Mobley to check to make sure the building complied with all the ordinances. Mr. Gourley ?sked the Clerk to have Chief Myhre check the trailer in front of Americana Enterprises on Lake Drive. John McLean's Report Mr. McLean reported on the Councils action of August 28, 1978. In addition to the items from the P & Z Board he noted that a representative from Anoka Elect- ric was present and stated in the future all new utility construction will be underground. A public hearing was set for Carpenters Automotive, explained Page -5- September 20, 1978 w the situ tion with a house that had been moved in on 20th Avenue and explained there is an effort to correct the house numbers and possibly change the name of the street on the Otter Lake Road cul-de-sac. Mr. REinert moved to adjourn at 10:•20 P.M. The motion was seconded by Mrs. Schwankl. Aye.