03/09/1983 P&Z Minutes - Laserfiche WebLink

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Planning & Zoning Commission March 9, 1983 IRhe regular meeting of the Lino Lakes Planning and Zoning Board was called to order by Vice - Chairman, Mr. McLean at 7:40 P.M. Members present: Doocy, Klaus, McLean, Johnson, Ostlie, Goldade. Members absent: Prokop. Mr. Bill Short, City Planner, Mr. Bill Hawkins, City Attorney and Mr. Kluegel, Zoning Offical were also present. MINUTES Mr. Johnson moved to approve the minutes of February 8, 1983 Planning and Zoning Board meeting. Mr. Doocy seconded the motion. Motion carried unanimously. INFORMATION - BOB WALLS Mr. Walls explained he had gone to the County Court House during the lapse of the moratorum in April, 1982 and recorded several lot splits on land he owns on 62nd Street. When he brought the deeds for the street to the City he was told by Mr. Hawkins, City Attorney that this was an illegal lot split and he is wondering if he sells a lot if the City will issue a building permit on the lot. Mr. Hawkins said the City would never have known of the lot split had Mr. Walls notpresented the road deeds to the City. He felt it was an illegal lot split since the the split did not meet Ordinance #56, Section 4.10. Mr. McLean asked Mr. Hawkins how they shouldproceed on this matter. Mr. Hawkins said Mr. Wall could redraw the subdivision into 22 acre lots with an easement over two lots to prov- ide access to the interior,and come to the Planning and Zoning Board for a variance to the moratorum. This is in essence waiving the moratiorum. Mr. McLean told Mr. Walls to have his subdivision drawn into 2Z acre lots and record a 60' Alleasement over two lots for future development of the interior of this parcel. He can then Illequest a variance to they moratorum for this subdivision. k �� i�.t�nf j��i � - ( �t t I -..in, Mr, - McLean introduced Mr. Hawkins and told him that the Board had questions regarding the meaning of variance, Special Use Permits and Conditional Use Permits. In the past the Board operated on the bases that Special Use Permits did not go with the land at the time of a sale. Now the Board has heard this is not correct. Mr. Hawkins explained that Special Use Permits and Conditional Use Permits are the same thing. They should be considered as permanent. This Permit is issued when land is zoned for a part- icular use and the requested use does not fit into the zoning definition. Conditional Uses or Special Uses are permitted provided they are listed under that particular zoning as Con- ditional Uses. The applicant must apply for a Conditional Use Permit and the Council can issue the Conditional Use Permit and put restrictions on the permit such as a time limit. This permit is registered with the County so when the land is sold the new buyer will be aware of the restrictions on, the land. , 7/, o +► 1 . i t ^�4 If the Board decides to deny a request they should be very careful to list the reasons for denial. The reasons should be substantial, that is,;for instance, because there are already three liquor stores at one intersection that is not a valid reason for denying a 4th store. Variances should be issued when there is a problem or hardship of the land only, for instance, side yard set backs. Mrs. Averbeck asked if a Conditional Use Permit would lapse if it was not started within a Ilkarticular time? Mr. Hawkins said the Council should always have a right to look at a partic- ar variance, Conditional Use Permit /Special Use Permit and plat if it has not been started a particular time. It is a reasonable requirement that the landowner take some action by a particular time. Mr. McLean said some language to this effect should be in the new zoning ordinance. Mr. Short said it was and read the section to the Board.