06/13/1984 P&Z Minutes - Laserfiche WebLink

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Planning and Zoning Board June 13, 1984 water, sanitary sewer, storm sewer and on -site septic system which appear •to be in order. The basis for the granting of the variance in this parti- cular case would be as set forth in our ordinance regarding variances which would include that the property in question cannot be put to reasonable use under the conditions allowed under our current official controls, that the plight of Mr. Grubbs is due to circumstances unique to this property and not due to economic considerations alone, that in addition, this particular variance; the granting of such will not confer on Mr. Grubbs any special privileges denied by this ordinance to other lands or other property in this particular district, that these actions will not unreasonably diminish or impair the property values within this local neighborhood and that this particular action would be in keeping with the spirit and intent of our ordiance. I would reference the Council in regard to the legal description which will ultimately bare in this particular matter in particular one which is set forth on Certificate of Survey which is attached to the application which will satisfy Mr. Hawkins concerns relative to the property coming under one legal description. I would also reference the City Council to the April 3, 1984 letter from E. G. Rud and Sons, Inc. in particular the second legal description which will in essence describe the property which will be added to the existing property to bring this into conformity with the legal descrip- tion which is contained in the Certificate of Survey which has already been referred to. The property which is being split also includes certain prop- erty owned by Mr. Apitz in the particular regard. In addition, I would condition my recommendation to the City Council that this metes and bounds description in all respects be granted on the fact the deeds submitted by the applicant to the City Attorney, William Hawkins, prior to the time that the metes and bounds description and variances are officially recorded and IIPprior to the hearing at the City Council. Mr. Prokop second the motion. Motion declared passed. Mr. McLean asked Mr. Kluegel to be sure that all legal descriptions to the various parcels be part of the presentation to the Council. Rezone from Neighborhood Business (NB) to General Business (GB) There was discussion regarding how this parcel was zoned (NB). Mr. Karth explained that it was not the intention of the Task Force to leave Mr. Grubbs zoned NB, especially since this zone does not even contain the Conditional Use for this type of business. Mrs. Klaus felt it was the intention of the Task Force to not allow the business to expand. There was discussion as to whether or not the entire (NB) area should be rezoned or just the property owned by Mr. Grubbs. Mrs. Anderson noted that Mr. Grubbs had notified the City of his intention to expand and rezone early in 1983 and he was told to wait until after the new zoning ordinance was in place. Mr. Prokop moved that the application from Mr. Larry Grubbs of 733 Vicki Lane to have a parcel located at 525 Birch zoned General Business be recommended to the Council for a hearing and that the Planning and Zoning recommend acceptance of the application to rezone to General Business, the reasons being at the time of the development of the Lino Lakes Zoning District Map the property through an unintentional oversight was not given proper zoning • classification. The intent of the Task Force was to have the use of that property automobile repair as a Conditional Use so that control could be applied, at all times, this was not done through no fault of anyone, it was an oversight, we are attempting to rectify it at this time by going from Neighborhood Business (NB) to General Business (GB). Mr. Goldade seconded the motion.