Loading...
HomeMy WebLinkAbout08/21/1974 P&Z MinutesAug. 21, 1974 The regular meeting of the Lino Lakes Planning and Zoning Board was called to order at 8:10 P.M. on August 21, 1974 by Chairman Karth. Members pre- sent; Kelling, Shearen, Lombardi, L'Ailler, Hill. Mr. Nadeau will be late. Mr. Marier was also present. Mr. Kelling moved to approve the minutes of the July 17, 1974 meeting as written. Seconded by Mr. Shearen. Motion carried. Mr. Prokop presented the Board with a revised petition concerning the improvemeet of 'Lakeview' Avenue in the Otter Lake Hills plat. This petition requests the City to improve the street and that the abutting pro- perties be assessed. Mr. Karth said at the present time the City is not in a financial position to issue bonds to cover this improvement. Mr. Prokop asked if bonding wasn't the normal way of handling this with the assessments against the property owners and was told, Yes. He then asked if there was some way this could be placed on a priority list so that when bond- ing was feasible, this could be handled in the normal sequence. Mr. Marier said the main needs of the City at the present time is sewers and here you would have to take into consideration the needs of many against the needs of three persons. Mr. Prokop understood this and agreed. He asked if it was possible to get a favorable recommendation from this Board, pending favorable bonding capabalities. Mr. Karth felt this could be delayed an indefinite period and oould possibly put a burden on a future Board. He suggested that the property owners install this street themselves as suggested by the Attorney. The cost would be much less. Mr. Junkis questioned the legality of installing a street abutting property that is not owned by the persons installing the street. Mr. Kelling felt this was something that would have to be discussed with the Council and the Attorney. He felt that the Council would not turn down a reasonable plan to improve a street. West St. should be widened by 30' and also brought up to City standards. Mr. Junkis asked, if this street is put in by private parties, then it must be turned over to the City before the City will assume maintanence? He was told, Yes. If it is not turned over to the City, can the property owners use the street? Yes, it can be used, but no building permits will be issued. Mr. Prokop said that his property does not reach to an existing street, can he go in front of another property owners' land with the proposed street improvements? Page Two Aug. 21, 1974 The general consensus of this Board was that this is a question that must be answered by an Attorney. Mr. L'Allier suggested that Mr. Prokop also contact the Engineer as to cost figures. (Mr. Nadeau arrived at 8:30 P.M.) Mr. Prokop asked if it would be proper to ask for a statement that the Planning andloning Board has no objections to this appeal being presented to the Council. Mr. Kelling felt that if a solution can be found that drill satisfy the Council, there would be no need for Mr. Prokop to appear before this Board another time. Mr Karth asked Mr. LaBuda if he had anything to add and Mr. LaBuda said, No. However, Mrs. LaBuda asked, if this street is put in by the private parties, and later on they wish to sell some of their lots or perhaps build on one of the lots, would they then be assessed for the cost of this street - would they have to pay their share? Mr. Kelling told Mrs. LaBuda that she was asking for an ethical answer to a business question. There is no this Board can tell her what she should do in a situation such as this. The question of curbs on this street was discussed and Mr. Prokop said they would abide by the Engineer's recommendations. Mr. LaBuda seemed to think curbs would be necessary to avoid erosion of the street. Mr. Marier felt that this should be worked out by the parties involved and that Mr. LaBuda has an obligation to listen. He also should have a better reason than just 'not wanting' to have this property improved and blocking the building of homes by other property owners. Mr. L'Allier moved to recommend to the Council that both parties go to the Engineer and Attorney for advice and clarification of questions - also get and estimated cost figure, then approach the Council. Seconded by Mr. Kelling. Motion carried. (Mr. Prokop and Mr. LaBuda requested copies of these minutes be mailed to them). Mr. Karth of North Northeast Realty, presented a plan for the Nelson property located on the service road East of 135E and South of Acton Construction. Mr. Karth has a buyer for this property but his buying Is contingent upon his ability to operate an antique shop from that location. He plans to live at that location and use the barn and old corn crib for his antiques. These • would be the type of articles that must be stored inside so there'woui'd.be no accumulation of articles outside. The business would be open 8 to 9 months a year, closed in the winter months for buying trips. If this opera- tion cannot be conducted from that location, then this buyer will have to look elsewhere for property. There was discussion on whether this land should be rezoned or a special use permit issued; the matter of his ability to put up advertising signs that would conform with the State Law; the volume of the expected business (which Page Three Aug. 21, 1974 would probably be small until the business is established); the need for a blacktopped off-street parking area; and that all lands around this parcel is now either zoned commercial or industrial. After discussion on the above items, Mr. Kelling moved to recommend to the Council that this parcel of land be zoned commercial contingent upon the , party buying the property, using it for an antique shop with proper off- street parking. Business must be established within one year of the re- zoning and the business be confined to the barn and corn crib, articles not to be stored outside. Seconded by Mr. Hill. Motion carried. Mr. Karth will contact the Clerk's office for the necessary forms. Crystal Ahlman and Lee Smith appeared bdfore the Planning and Zoning Board with the request to rezae to commercial a parcel of property located just West of Highway#8 and South of Lilac. They have a buyer, the Derek Co., for this parcel of land, but cannot sell without commercial zoning. Mr. Smith had thought this had been rezoned to commercial. They do not want it zoned for a specific use, just commercial zoning. Mr. Karth asked if this was the same property that Mr. Smith had requested rezoned several years ago, If so, there is a matter of $565.54 owing from that action. This matter will have to be cleared before any consideration of the present request. There was a question as to why this bill was so high. The parties involved were told this hearing had been continued for three ifferent time before both the Planning and Zoning and the Council, and that this bill must be paid. Mrs. Ahlman wanted to know the procedure once this bill is taken care of. Mr. Karth told her that she must have a petition signed by the adjoining property owners, this must be published and a plablic hearing held before the Planning and Zoning Board and the Council. Mr. Karth felt that this land would not be rezoned commercial unless this Board had an indication as to what usage is planned for that area. Mrs. Ahiman asked why it was necessary to have a planned use for the re- zoning. She felt that with the land rezoned, this Board would stili control what sort of buisiness could be built there. She felt that at ,the present time, with financing as tight as it is, that to sell property and then to try for rezoning, cancels. out any chance of selling the property. There was discussion on the pro's and con's of blanket rezoning without specifying the type of business. Mr. Smith said the land is sold and all things taken care of except for the zoning. If this Is not rezoned to commercial, then the sale is off. Mr. Lombardi said that he had not been a to know the lines along which this would Mr. Smith had a valid point. In view of companies will not commit monies to land member of this Board long enough be considered, but he did feel that the ;fight financing at this time, unless the land is zoned commercial. Page Four Aug. 21, 1974 Mr. Nadeau felt that to rezone this land commercial and have it sit idle for years, is tying up valuable properties. He felt that if a developer hes a good plan, he should know that this Board would be receptive. Mr. Marier told Mr. Smith that their position was understood. First the past due bill must be paid. If this land is rezoned without applan, then he would think the Council would put a time limit as to when it would have to be developed or revert to the original zoning. Mr. Smith wanted to know what sort of a time frame and Mr. Marler said he would not even venture a guess. This would be entirely up tb this Board and the Council. Mr. Kelling moved to draw up plans for the area to be rezoned, submit to the planner and engineer. If plans fit into the overall plan, reappear before this Planning and Zoning Board. He would suggest that the Derek Co. present a suggested plan. Seconed by Mr. L'Atlier. Motion carried. Mr. Nelson appeared; to present preliminary sketch of a plat located on Old Highway #8, about 3/4 of a mite North of Main Street on the Neff property. Mr. Starr had gone over this plan and suggested approval of the lot sizes as shown. He also reeommended acceptance of money in lieu of land for the Park. Mr. Nelson's original pian was for one acre lots, this one shows f acre lots. His plan is sell two lots to each builder, suggesting that they build so that in the event of water and sewer, the second lot could be then sold. Mr. Hill wondered what would happen of some party immediately sold the second lot - Mr. Nelson said these points are still being worked out but he fett that in order to get a building permit, the lot would require a perc test. if this showed that the lot could support a septic system, then the building permit could be issued, if not, then no building permit. Mr. Nelson asked about the suggestion that money in lieu of land for the Park - how soon would the City require this money, how much, and can it be paid In installments. Mr. Lombardi asked if there was any precedent on how this had been done In the past and was told, No. The City has taken the land. Mr. Shearen said this would be at the discretion of the Council, but he felt if this plat is approved that an answer can be found, Mr. Marier thought that a stipulation that a certain portion of the develop- ment be completed before payment is required. Mr. Karth asked for comments from the Board members as to suggested changes and there was none. Mr. Nelson had one request. He asked that the 300' commercially zoned strip along Highway 8 be rezoned to residential. Mr. Marier said he would bring this up and ask Mr. Lcoher how tt should be Page Five Aug. 21, 1974 handled. It was suggested that the City instigate this rezoning. Mr. Keiling moved to recommend to the Council that this land be rezoned from commercial to residential. Seconded by Mr. Shearen. Motion carried. The matter of the streets, curbing and sodding was brought up with the feel- ing that this matter could be decided when the plat is further along. The Board members suggested that Mr. Nelson proceed with his preliminary plat. Mr. Cecil LaMotte had been in the Clerk's office with &question as to how the residents in LaMotte's Second and Third additions, whose homes are not on the Lake, could have access to the Lake. He wanted to know about the use of the Outiot as an access point. There was some discussion on this but the Board felt that moee information was necessary before they could con- sider this. At this time the Board had no recommendation to the Council. Mr. Marier will talk to Mr. LaMotte and report back. Mr. Kelling moved to adjourn at 10:15 P.M. Seconded by Mr. Nadeau. Aye.