08/22/2011 Council Packet - Laserfiche WebLink

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• • • CITY COUNCIL WORK SESSION August 1, 2011 DRAFT DATE TIME STARTED TIME ENDED MEMBERS PRESENT MEMBERS ABSENT CITY OF LINO LAKES MINUTES : August 1, 2011 . 6:23 p.m. 7:10 p.m. : Council Members Rafferty, O'Donnell, Mayor Reinert : Council Members Roeser and Gallup Staff members present: City Administrator Jeff Karlson; Community Development Director Michael Grochala; City Engineer Jason Wedel; City Planner Jeff Smyser; Public Safety Director John Swenson; City Clerk Julie Bartell 1. 7301 Apollo Court — Zoning Violation, Jenmar Equity, LLC — Community Development Director Grochala reviewed the situation regarding the property at 7301 Apollo Drive. The property owner, Mark Deitz of Jenmar Equity LLC, and his attorney Mr. Bill Griffith, informed the council at a recent Open Mike of certain concerns about the city's finding of violations at the property. The city has found that the existing outdoor storage on the property is in violation of the city zoning ordinance and that the property would not qualify for a conditional use permit to allow the outdoor storage to continue. The property owner is requesting that the council allow the condition to remain, however, Mr. Grochala explained that the council doesn't have the authority to do so except by approving a zoning ordinance amendment impacting all like properties. The council viewed photos of the site and the location. The mayor noted that the city council generally does not consider variances as a way to solve zoning issues but rather prefers to look at code changes when that is considered appropriate; at this time it hasn't been determined that it is appropriate in this case. When the property owner asked about obtaining an interim use permit (as is done in other cities), staff explained that it would require a code change but he added that one was accommodated recently for the I35E batch plant operations. Such a permit would have a time limitation and this situation may not be open to change even in a three year period. The property owner's attorney offered that the owner would be willing to move things that are located outside as quickly as possible through the industrial process and also to add fencing to the area; they would understand the need to look again at the situation again after an interim period such as three years. When a council member asked for an explanation of what's going on in the building, Mr. Dietz explained the operations, pointing out that there is no room inside the facility for the materials in question. The council concurred that they are interested in helping a viable business to remain in the city and recommended that the matter be referred to the Planning and Zoning Board for review with a recommendation that it will be key to have an "end game" in any solution. Community Development Director Grochala noted that he will recommend to the owner that he apply for a code amendment to get that process going. 1 P16