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11/08/1995 Council Packet
CITY OF LINO LAKES PLANNING & ZONING BOARD AGENDA November 8, 1995 6:30 P.M. I. Call to Order and Roll Call: II. Approval of Minutes: October 11, 1995 III. Approval of Agenda - Changes/Additions IV. OPEN MIKE: V. ACTION ITEMS: A. PUBLIC HEARING - ANIMAL ORDINANCE SCA NED B. PUBLIC HEARING - 95-29-C, Amended Conditional Use Permit, Teleport (Communication Compound) 6221 Holly Drive C. PUBLIC HEARING - 95-30-C, Amended Conditional Use Permit, Church of St. Joseph, 171 Elm Street D. PUBLIC HEARING - 95-31-Z, Rezoning, Esther Wenzel Noren, South of Aqua Lane, West of County Park, Rezone from GB to R3 E. PUBLIC HEARING - Metal Building Ordinance F. 95-32-P, UDOR USA, 500 Apollo Drive, Minor Subdivision G. 95-33-P, Fogerty/Custom Remodelers, 475 Apollo Drive, Minor Subdivision VI. DISCUSSION ITEMS: VII. ADJOURNMENT: REMINDER: P & Z Work Session Friday, November 17, 1995, 7:00 A.M. AGENDA ITEM V A STAFF ORIGINATOR Mary Kay Wyland DATE November 3, 1995 TOPIC PUBLIC HEARING - ANIMAL ORDINANCE CGR The Planning and Zoning Board briefly reviewed the Draft Animal Ordinance at their July P & Z meeting. A neighborhood meeting was then held on September 5, 1995. Ed Schones chaired this neighborhood meeting at which time resident concerns were expressed. No specific recommendations were made at this meeting although areas of discussion included the following: number of dogs licensing of cats recovering costs involved in enforcement recuperation of fines mandatory dog training noise size of lot required for commercial & private kennels Chief Pecchia and Officer Kenow will be present for the Public Hearing to review the concerns and recommendations of the Police Department and the initiative behind revision of the Ordinance. For your information, we have included an outline of the police calls received in the last few years relating to animal control, average time spent on calls, etc., and a copy of the proposed ordinance. OPTIO 1. Adopt Ordinance as proposed 2. Adopt an amended version of the Ordinance proposed 3. Continue public hearing to gather additional information AEC, '>Q .............. Planning & Zoning Board Discretion CALLS OF SERVICE LINO LAKES POLICE DEPARTMENT 1994 1995 (1-1-95 thru 7-31) Dog at Large 71 Barking Dogs 54 Dog Complaints 130 56 Totals NUMBER OF KENNEL PERMITS 130 181 1993 1994 1995 7 6 5 NUMBER OF ANIMAL COMPLAINTS FOR KENNELS 1993 1994 1995 1 CITY DOG LICENSES ISSUED 1 0 1994 1995 395 167 * As of September 13, 1993 amended by ordinance all dog licenses expire the same day as the expiration of the rabies vaccination. AVERAGE TIME SPENT ON ANIMAL CALLS 1994 1.ICR# 94-007093 1/14/94 Dog @ Large 11:47-12:34 47 minutes 2.ICR# 94-026140 2/18/94 Contained Dog 16:00-16:20 20 minutes 3.ICR# 94-085672 5/26/94 Barking Dog 16:13-16:33 20 minutes 4.ICR# 94-112963 7/3/94 Dog @ Large 18:40-20:48 2Hrs.8 min 5.ICR# 94-162600 9/10/94 Contained Dog 14:18-15:06 48 minutes SUBTOTAL 263 Minutes div by 5 TOTAL 52.6 Minutes 1995 1.ICR# 95-016196 1/30/95 Dog @ Large 16:36-16:42 6 minutes 2.ICR# 95-030281 2/24/95 Injured Dog 23:44-00:25 41 minutes 3.ICR# 95-047991 3/25/95 Contained Dog 18:38-19:05 27 minutes 4.ICR# 95-055749 4/6/95 Barking Dog 19:25-19:31 6 minutes 5.ICR# 95-107132 6/20/95 Abandon Animal 18:28-19:00 58 minutes SUBTOTAL 138 Minutes div by 5 TOTAL 27.6 Minutes * 1994 Contracted with the Anoka County Humane Society (January - October 31, 1994) 1995 Contracted with Otter Lake Animal Care Center. KEY DIFFERENCES BETWEEN OLD/NEW ORDINANCE CURRENT ORDINANCE PROPOSED ORDINANCE LIMIT OF TWO (2) DOGS LIMIT OF THREE (3) DOGS PRIVATE KENNEL ONLY ON 5 PRIVATE KENNEL IN ALL ACRES IN RURAL/LI ZONING DISTRICT WITH CUP ZONING DISTRICTS WITH CUP (1 acrea of land) NO CAT REGULATIONS LICENSING OF CATS NO FECES DISPOSAL FECES DISPOSAL VAGUE NUISANCE DEFINITIONS SPECIFIC NUISANCE & & REGULATIONS DEFINITIONS & REGULATIONS DANGEROUS DOG/WILD ANIMAL DANGEROUS DOG/WILD ANIMAL REGULATIONS VAGUE MATCH STATE STATUTES Lino Lakes Ordinance 502 - ANIMALS 502.1 Definitions: As used in this Section except as otherwise provided, the following terms shall have the respective meanings ascribed to them: Subd 1 Animal. Any non -human, mammal, reptile, amphibian, or bird, domestic or non-domestic, including dogs and cats. Subd 2 Animal -Domestic. Animals noinlally kept within the home, but not exclusive of the home, such as fish, dogs, cats, and household birds. Subd 3 Subd 4 Subd 5 Subd 6 Subd 7 Subd Animal -Non -Domestic. Animals normally kept outside of the home for the purposes of food or pleasure, such as cattle, hogs, sheep, horses, bees, goats, birds such as fowl, pigeons, falcons, and similar animals. Animal -Wild. Means any ape, including chimpanzee, gibbon, gorilla, orangutan, baboon, any bison, bobcat, cheetah, crocodile, coyote, deer, including all members of the deer family such as antelope, elk, and moose, any elephant, ferret, fox, hyena, jaguar, lion, leopard, mountain lion, cougar, lynx, ostrich, skunk, wolf, or brush wolf, tiger, poisonous snake, or any constrictor snake, bears; badgers; any other animal that is wild, ferocious, or is vicious by nature, habit, disposition, or is normally found in the wild; or any animal which is a mixed breed of any wild animal and any other animal_ At Large. Not under restraint as defined in this section. Cat. Any domestic feline animal, male or female, whole or neutered, of any age. Dog. Any domestic canine animal, male or female, whole or neutered, of any age. Dangerous Animal. Any animal which meets the definition of dangerous dog set forth in Minnesota Statutes Section 347.50 or any successor statute. A Dangerous Dogs. "Dangerous Dog" means any dog that has: (I) without provocation, inflicted substantial bodily harm on a human being on public or private property. (2) killed a domestic animal without provocation while off the owner's property; or (3) been found to be potentially dangerous, and after the owner has notice that the dog is potentially dangerous, the dog aggressively bites, attacks or endangers the safety of humans or domestic animals. Subd 9 Potentially Dangerous Animal. Any animal which meets the definition of Page 1 potentially dangerous dog set forth in Minnesota Statutes Section 347.50 or any successor statute_ A Potentially Dangerous Dog. "Potentially Dangerous Dog" means any dog that: (1) when unprovoked, inflicts bites on a human or domestic animal on public or private property; (2) when unprovoked, chases or approaches a person upon the streets, sidewalks, or any public property in an apparent attitude of attack; (3) has a known propensity, tendency, or disposition to attack unprovoked, causing injury or otherwise threatening the safety of humans or domestic animals. Subd 10 Subd I 1 Subd 12 Subd 13 Kennel, commercial. Any structure or premises on which four (4) or more dogs or cats , of one species, over six (6) months of age are kept, owned, boarded, groomed, sheltered, protected, bred, or offered for sale or any other merchandising that is not defined as a private kennel under Subd 11. Every commercial kennel shall be enclosed or fenced in such manner as to prevent the running at large or escape of animals confined therein. After issuance of a Conditional Use Permit. Commercial Kennels shall be allowed in the following zoning districts: Rural (R, R -X), Commercial (GB, CB), Industrial (LI,GI) Kennel, private. Any structure or premises on which between four (4) and six (6) dogs or cats, of one species, over six (6) months of age are kept for private enjoyment and not for monetary gain. Every kennel shall be enclosed or fenced in such manner as to prevent the running at large or escape of animals confined therein. Private Kennels shall be allowed in all zoning districts upon the issuance of a Conditional Use Permit. Owner. Any person, firm, corporation, organization, or department, possessing, harboring, keeping, having an interest in, or having temporary or permanent custody or control of an animal. Under Restraint. Controlled by a leash of not more than six (6) feet in length; under the voice or signal command of a competent person whose command the animal will obey immediately; or within the Limits of its owner's premises. An un- attended dog or other domestic animal on the property of another, without the consent of such property owner, is "at large" and not "restrained," even though it might be on a leash. 502.2 Enforcement Personnel: Subd 1 Enforcement. Page 2 A The provisions of this Section may be enforced by any of the following: (1) (2) (3) The primary law enforcement agency of the community. The animal control officer as designated by the City. The animal control facility contracted with by the City. B For the purpose of discharging the duties imposed by this chapter and to enforce its provisions, any animal control officer or any police officer is empowered to enter upon any premises upon which a dog, cat or other animal is kept and to demand the exhibition of suc:i animal by the owner of such animal and the license and rabies certificate for such animal_ Any animal control officer or police officer may enter the premises where any animal is kept in a reportedly cruel or inhumane manner and demand to examine such animal and to take possession of such animal when, in such officer's opinion, it requires humane treatment. Subd 2 502.3 Exemptions: Subd 1 Subd 2 Interference. No person shall interfere with, hinder or molest any animal control officer or police officer in the performance of any duty, or seek to release any animal in the custody of the animal control officer or police officer. Hospitals, clinics, and other premises operated by licensed veterinarians for the care and treatment of animals are exempt from the provisions of this chapter, except where such duties are expressly stated. The licensing and vaccination requirements of this chapter, except as otherwise expressly stated, shall not apply to any dog or cat belonging to a nonresident of the city and kept within the city for not longer than thirty (30) days, provided all such does and cats shall at all times while in the city be kept within a building, enclosure or vehicle, or be under restraint by the owner. Subd 3 Dogs confined to a veterinarian clinic, animal hospital or licensed commercial kennel, or dogs engaged in law enforcement work for the city need not be licensed. Subd 4 Subd 5 Section 502.01 relating to dangerous animals and potentially dangerous animals shall not apply to dogs under the control of a law enforcement officer. Section 502.01 and 502.02 shall not apply to raptors possessed by licensed falconers holding valid State and Federal Falconry Permits so long as the conditions of the permit are being satisfied. 502A License and Vaccination Requirements: Subd 1 License and Registration. All dogs and cats within the City of Lino Lakes shall Page 3 Subd 2 belicensed except the following: A Does and cats less than six (6) months of age: B Dogs and cats whose owners are temporary visitors within the City for thirty (30) days or less: C Dogs and cats which are brought into the City for appearances in an animal -show or trial; D Dogs being used by law enforcement officers. Vaccination Required. It shall be unlawful for any dog or cat owner to keep or maintain any dog or cat older than six (6) months of age, unless it has been vaccinated within the prior twenty-four months with an anti -rabies vaccine by a licensed veterinarian. No license shall be issued except upon compliance with this Section. Subd 3 Licensing/Vaccination Procedures. A Application. Except as herein provided, within thirty (30) days of acquiring possession of a dog or cat which has not been licensed by the City, or within thirty (30) days of moving to the City with a dog or cat which has not previously been licensed, the owner of the dog or cat shall make application for a dog or cat license. The application shall be on forms provided by the City. The applicant shall also provide proof of vaccination to the City prior to the issuance of a license or renewal of a license. 13 License Fec. The license fee for each dog or cat must be submitted with the license application. The fee will be as set forth as follows: (1) Dog or Cat, male or female, not neutered or spayed $10.00 (2) Dog or Cat, male or female, neutered or spayed $ 5.00 C Duration of License. All licenses are valid for the same length of time as the rabies vaccination and must be renewed within 30 days after the vaccination or a £5.00 penalty will be applied. D Receipt and Tags. Upon completion of the application foiui, receipt of the license fee(s), and receipt of proof of vaccination, the City shall cause a license fee receipt to be issued to the applicant, along with a metallic tag. The applicant shall cause the tag to be affixed permanently by metal fastening device to the collar of the licensed dog or cat in such a manner that the tag is easily observed. If a tag is lost, a duplicate may be issued by the City upon presentation of a receipt showing Page 4 payment of the initial license fee and upon payment of an additional fee for each duplicate tag in the amount of $ 1.00. L Change of Address. An applicant who has obtained a dog or cat license shall notify the City of applicant's address change within corporate limits of the City within thirty (30) days of any address change. I= Counterfeit Tags. No person shall counterfeit, attempt to counterfeit, or attach any ountcrfeit tag to any dog or cat in the City. G Transfer of Tags_ No person shall transfer a dog or cat tag from one dog or cat to another. H Change of Ownership. If there is a change in ownership of the dog or cat during the year, the new owner may have a current license changed to their name upon payment of an ownership transfer fee, or may secure a new license. The ownership transfer fee shall be $1.00 502.5 Kennels: Subd 1 Requirements. A Health Safety and Welfare. No kennel license, commercial or private shall be issued or renewed if the council finds that maintenance of the kennel at the subject location would be injurious to the public health, safety or welfare. 13 Land Requirements. One acre of land or more is required for private kennels in residential districts. C Notification. Notification of public hearing for conditional use permit to operate a kennel must be sent to all property owners within 1,000 feet of a proposed kennel. Subd 2 Conditions. A Sanitation. Every dog kennel shall be kept in a sanitary and healthful condition. 13 Inspection. Every dog kennel shall be open to complete inspection by any properly designated officer or employee of the city, at any reasonable time. C Running at Large. No dog kept in a kennel shall be allowed to run at large at any time, either on the streets, alleys or other public grounds or on private property of others within the city. Page 5 D Noise. No person maintaining a kennel shall permit the dogs kept there to make noise from any cause whatsoever, sufficient to constitute a public nuisance. Subd 3 Nuisance. A Any kennel kept in violation of any provision of this code shall be deemed a public nuisance and may be abated as such. This shall be in addition to all other remedies provided for violation of this chapter. Subd 4 Grandfather Clause. A All kennels which are validly located ‘vithin the city prior to the adoption of this ordinance may continue to exist as to size and present location, provided the kennel does not violate any provisions of the code in force on the date this ordinance is passed and adopted. Subd 5 Dog kennels --License; required, fee, term; penalty. A It shall be unlawful for any person to own or operate any dog kennel, commercial or private, unless a licensed conditional use pemlit as per the city zoning ordinance is secured therefore. All kennels are subject to annual review and inspection. The annual license fee for a Commercial Kennel shall be one hundred dollars ($100.00) for each kennel. The annual license fee for a Private Kennel shall be twenty dollars ($20.00) for each kennel. In addition, all dogs or cats kept in Private Kennels shall be licensed under the requirements of Section 502.04 of this ordinance. All kennel licenses expire on April thirtieth next following issuance of the license, except that such licenses may be renewed prior to June first without penalty. 13 Any person in violation of any of the provisions in this chapter shall be guilty of a misdemeanor. Each day on which such violation continues shall constitute a separate offense. C Application The Kennel applications shall contain the following: (1) (2) Whether the license is for commercial or private purposes. The location of the premises of the kennel along with the home and work telephone numbers of the licensee and one other person who could be contacted in the absence of the licensee. The maximum number and species of adult dogs, cats, or combination thereof, to be kept on the premises. The term "Adult", as used herein, shall include any animal over six months of age. A site plan showing the location, size, and type of all structures for housing, fencing, and runs for dogs. If the license is for cats, the plan need show Page 6 (5) (6) (7) (8) only the location, size, and type of structures for housing. Separate housing and runs for dogs shall be a minimum of 50 feet from anv neighboring habitable dwelling and a minimum of ten (10) feet from any property line. If the dogs and/or cats are to be kept primarily within a building, the applicant shall so state. Whether the applicant anticipates breeding the animals and, if so, how often and the expected size of the litters. The method to be used to keep premises in a sanitary state. The method to be used to keep the animais quiet. An agreement by the applicant that the premises may be inspected by the City at all reasonable times. D Issuance and Conditions. The City Clerk shall refer the application to the Council. The Council or Planning and Zoning Board shall conduct a public hearing. The issuance of a license shall be within the discretion of the Council. In making such determination, the Council shall take into consideration the following: adequacy of housing and runs for the animals; the methods to be used for sanitation and to maintain quiet; the quantity and height of the fencing; and , with particularity, any violations during the previous license period, if applicable. The Council may impose such conditions as it shall deem necessary and appropriate to carry out the intent of this Chapter. E Revocation If a licensee fails to comply with the statements made in the application or with any reasonable conditions imposed by the Council, or violates any other provision of this Chapter, the licensee shall be notified by mail and given ten (10) days to remedy any defects or defaults. If such condition be not remedied in said ten (10) days, the Council may revoke the license. Unlawful Acts. It shall be unlawful for anv licensee to do or permit any of the following: (1) Allow any of the dogs to run at large on any street or public property or any private property not owned by the licensee or under the licensees's control. (2) Allow the premises to be kept in an unsanitary or unhealthful condition. (3) Burn offal or waste_ (4) Allow the animals to bark, yelp, or fight so as to disturb the neighborhood either night or day. (5) Allow any of the animals to bite or scratch anyone lawfully on or off the premises. (6) Maintain any animals in such manner as to create a nuisance by way of noise, odor, or otherwise. (7) Sell or cause to be sold any dog or cat without first providing the purchaser with written certification as to the origin of the animal. Page 7 (8) All dogs and cats shall be always treated in a humane manner as set forth in Minnesota Statute Chapter 346. G Tags. In the case of Private Kennels, licensees shall affix an identification tag_ to all dogs and cats owned by or under the control of the licensee. Such identification tags shall meet the requirements set forth in this ordinance. H Rabies Vaccination A licensee shall cause every dog and/or cat in the kennel to be vaccinated by a licensed veterinary surgeon with anti -rabies vaccine. Puppies and kittens shall be so vaccinated at or before the age of sixteen weeks and again at the age of one year. Adult animals shall be so vaccinated at least once in every 24 month period or as often as needed under the type of vaccine used to ensure immunity. 502.6 Regulations: Subd l Subd Subd 3 All dogs shall be kept under restraint by their owners at all times_ The owner of any animal in heat shall cause such animal to be confined in such a manner so as not to come in contact with any other animal during such time as the animal is in heat, except for intentional breeding purposes. The owner of any animal shall prevent the animal from committing in the City any act which constitutes a nuisance. Acts which constitute a nuisance include, but are not limited to, the following: A To bark, bay, howl or make any other loud noise; (1) (2) (3) Habitually or frequently between the hours of 8:00 p.m. and 8:00 a.m.: Consistently for a period of five minutes or longer between the hours of 8:00 p.m. and 8:00 a.m.; or Consistently for a period of -ten minutes or longer between the hours of 8:00 a.m. and 8:00 p.m. Q To be present on school grounds. C To chase vehicles or to molest or unreasonably annoy any person while away from the property of its owner. D A dog shall not be deemed a barking dog if, at the time the dog is barking or making any other noise, a person is trespassing or threatening to trespass upon the private property upon which the dog is situated or when the dog is teased or provoked. Page 8 Subd 4 Feces Disposal: A The owner of any animal shall be responsible for the sanitary disposal of all feces material deposited by such animal in the following manner: (1) During the period of November 1st through April 3Oth, all feces material shall be removed from the owner's premises and/or stored in a sanitary manner within seventy-two (72) hours. (2) During the period of May 1st through October 31st, all feces material shali be removed from the owner's property andlor stored in a sanitary manner within forty-eight (48) hours. (3) Objectionable feces odor and/or flies detectable at the adjoining property line shall be deemed a violation of this Section. I3 The owner of any animal shall not permit such animal to be on park property, City trails, public property or the property of another without having in the owner's immediate possession a device for the immediate removal of feces material deposited by the animal, as well as a container for the transport of such material to an appropriate disposal receptacle. The owner of such animal shall be responsible for immediately removing such material from public property or private property of another to a proper disposal receptacle located on the property of the owner. C hhe provisions of this Section shall not apply to the ownership or use of seeing -eye dogs by blind persons; ownership or use of companion dogs by quadriplegic, paraplegics or other individuals with severe disabilities who are unable to clean up after the companion dog; dogs when used in police activities by the City; or tracking dogs when used by or with the permission of the City. Subd 5 humane Treatment of Animals: A The owner of any animal within the City shall provide such animal with sufficient wholesome food and water on a daily basis, proper and sufficient shelter from the weather, and veterinary care when needed to prevent suffering of any sick or injured animal. B No person shall beat, torment, tease, or otherwise abuse an animal, or permit an animal fight. C No person shall allow residentially or commercially zoned property to be used for maintaining more than three (3) dogs over six (6) months of age, or three (3) cats over six (6) months of age without obtaining the appropriate kennel license. D Guard Dog Warning Signs. A person maintaining a dog for security purposes Page 9 within the City shall post a sign at all entrances to the property. Said sign shall be a minimum of 6" x 12", with letters of contrasting color, a minimum of 2" in height, and a brush stroke of 1/2" minimum, with the following words affixed to such sign, "DANGER - GUARD DOG". 502.7 Impounding and Confinement: Subd 1 Abandoned Animals. Upon written notice of the Chief of Police or designated agent, that private property is attracting or pioviding shelter t,, animals that are not owned or cared for by any known person, the owner of such property shall be responsible for removing such animals in a humane manner within thirty (30) days of such written notice. Subd 2 Impounding and Confinement. A Any animal found running at large may be seized by an animal control officer or a police officer, and impounded at a designated animal shelter, and there confined in a humane manner for a minimum period of the greater of seven (7) days or five (5) business dans (the Impoundment Period), unless claimed by the owner. B Animal control officers are not authorized to enter private dwellings for the purpose of seizing animals. Before seizing an animal from the private property of its owner, the animal control officer shall make a reasonable attempt, taking into consideration the time of day and nature of the violation, to notify the owner that the animal is being seized because it was observed by the animal xvarden to be in violation of the provisions of this chapter. D When an animal is seized from the private property of its owner and the animal control officer has been unable to notify the owner of the reason for seizing the animal, the animal control officer shall leave a written notice affixed to the dwelling unit, in a conspicuous manner, indicating the day and time the animal was seized; the reason for seizing the animal; and the address of the shelter where the animal can be found. E Immediately upon impounding animals, reasonable efforts shall be made to notify the owner and inform the owner of the animal's confinement and the procedures for release of the animal to owner. F Disposition of unclaimed animals: An animal which is not redeemed by the owner within the Impoundment Period may be disposed of in any manner provided by law. Any animal that is not claimed by the owner or sold within the prescribed time Page 10 may be euthaniz_ed and disposed of in a humane manner by the appropriate animal shelter facility. Upon notice from the appropriate animal shelter facility that an animal is sick and/or injured, the Chief of Police or designated agent is authorized to permit euthanization at any time within the Impoundment Period in an effort to end the suffering of such animal. G Owner title of any animal may be transferred to the animal shelter facility upon expiration of the Impoundment Period and if the animal has not been claimed by the owner in the manner required by this Section_ I I Impoundment Fees. Any animal impounded under this Section may be reclaimed by its owner within the Impoundment Period. Before the owner shall be permitted to retake possession of the animal, the owner shall make payment to the animal shelter of all required fees and costs of such impoundment. 502.8 Rabies Control. Subd 1 The Minnesota health laws and regulations are hereby adopted in cases of animals which have bitten persons and the animal is rabid or is suspected of being rabid. Subd 2 It shall be the duty of every physician to report to the Police Department the narnes and addresses of any person treated for bites inflicted by an animal, together with any other information deemed helpful in the control of rabies. Subd 3 It shall be the duty of the owner of any animal to immediately, but in all cases no later than twenty-four (24) hours, report to the Police Department all bites inflicted by the owner's animal to any person. "fhe owner of any such animal shall also be required to provide to the police written proof of vaccination and pertinent insurance information when warranted or requested by the police. Subd 4 It shall be the duty of any veterinarian to report to the City a diagnosis of any animal observed by the veterinarian to be suspected of having rabies. Subd 5 Subd 6 The police are hereby authorized to take into possession any animal suspected of having rabies following a bite inflicted to any person, and to have the animal destroyed in a humane manner for the purpose of determining whether the animal is in fact, a rabies carrier. The City and/or its agents shall not be held liable for the destruction of such animal when the animal has inflicted injury upon any person and the City and/or its agents act in good faith to protect the public. Whenever an animal has bitten a person and is not destroyed pursuant to Section 502.08 (E), or whenever a suspected or known rabid animal is picked up by an animal control officer or police officer, such animal may be confined for a Page 11 minimum period of ten (10) days as follows: A Upon proof of current rabies vaccination, the animal control officer or police may authorize the confinement of the animal at the owner's place of residence, provided that the animal shall not be pennitted to come in contact with other animals or persons, and provided further that the animal be muzzled and on a leash not exceeding six (6) feet when removed from the place of confinement. B lino proof of current vaccination is provided, or if the animal control officer or police do not consent to confinement at the owner's place of residence, the animal shall be confined at the animal control facility for the entire ten (10) day period at the owner's expense. C An animal under confinement may not be removed from such confinement prior to the expiration of the l0 -day period without written permission of the animal control officer or the Chief of Police_ D The owner of any animal confined at the owner's residence shall, at all times, permit the inspection of such animal during the confinement period upon oral request of animal control officers or the police_ The owner shall further be responsible for immediately reporting any change in the animal's health or behavior to the appropriate animal control officer during the confinement period. L A quarantined animal shall be confined to an enclosure in such a manner so as to prevent the animal from escaping. All openings to the enclosure shall be locked with a secure locking device. The animal shall not be removed from the enclosure unless muzzled and on a leash not exceeding six (6) feet in length, and under the control of a competent person. _ An animal control officer and/or police officer may enter upon the private property of another for the purposes of removing such quarantined animal to an animal shelter when it has been determined that such quarantined animal is not being maintained by the owner in a manner consistent with the provisions of this Section_ 502.9 Dangerous and Potentially Dangerous Animals. Subd 1 No person shall bring into the City an animal which has previously been declared by another jurisdiction to be dangerous or potentially dangerous. The City shall seize and destroy, at the owner's expense, any animal brought into the City in violation of this provision. Subd 2 The following provisions of this Section shall apply to all animals which are not covered under Section 502.09 Subd 1. In the event the City becomes aware that a Page 12 Subd 3 Subd 4 Subd 5 Subd 6 dangerous or potentially dangerous animal is owned by a resident of the City, the Chief of Police or designated agent shall determine whether the animal should be removed from the City, or whether it would be sufficient for the animal's owner to comply with Minnesota's dangerous dog statute, Minnesota Statutes Sections 347.50, et. sea. Upon making the determination, the Police Chief or designated agent shall send a notice to the animal's owner yia certified mail, return receipt requested. The notice shall provide: (i) that the animal has been classified as dangerous or potentially dangerous; (ii) either that the animal must be permanently removed from the City or that the owner must comply with the requirements of Minnesota's dangerous dog statute; (iii) that the owner may appeal the classification and determination by hand -delivering an enclosed appeal form to the Police Department within fourteen (14) days from the date of the notice; (iv) and that, if the owner fails to appeal, the owner must comply with the notice of the Police Chief by either permanently removing the animal from the City or, if allowed by the Police Chiefs determination, to comply with the Minnesota dangerous dog statute. If the owner of an animal elects to appeal the appeal shall be referred to the City Council for a hearing. The City Administrator shall notify the owner of the animal by certified mail, return receipt requested, of the time and date of the hearing. Notice must be given at least fourteen (14) days prior to the hearing. The notice shall state that the owner may be represented by legal counsel during such hearing and may provide oral and written testimony. The Council shall maintain an electronic record of the hearing. If the City Council declares the animal to be dangerous or potentially dangerous,. the Citv Administrator shall notify the owner of the animal by certified mail, return receipt requested, that the City Council has declared the animal dangerous or potentially dangerous, and has ordered either that the animal be permanently removed from the City, or that the owner comply with the requirements of Minnesota's dangerous dog statute, as the case may be. The owner of any animal declared dangerous or potentially dangerous must comply with the Police Chiefs or the City Council's order, as the case may be, within fourteen (14) days from the Police Chiefs notice in the event that the owner did not appeal, or within fourteen (14) days from the City Administrator's notice. If the owner of an animal that has been declared dangerous or potentially dangerous fails to comply with the Police Chiefs or City Council's order, the animal control authority and/or police shall seize the animal. If the owner was ordered to remove the animal, the seized animal may be immediately destroyed. If the owner was ordered to comply with the Minnesota dangerous dog statute, the seized animal shall be housed at the appropriate animal shelter facility at the owner's expense for Page 13 a minimum period of seven (7) days, excluding holidays. lithe owner of the animal fails to reclaim the animal and to comply with the requirements of the dangerous dog statute within seven (7) days, excluding holidays, the animal may be destroyed at the owner's expense. Subd 7 In the event of any conflict between this Section and Sections 320.11, 320.12 or 320.13, the provisions of Sections 320.1 1, 320.12 and 320.13 shall govern. 502.10 Wild Animals. Subd 1 No person shall keep or maintain any wild animal within the corporate limits of the City, except as provided in this subsection: A The owner or proposed owner of any wild animal shall, prior to bringing the wild animal into the City, make application to the City for a wild animal permit on an application form provided by the City. Such application shall be submitted to the City Administrator, together with the following required fees and/or documentation: (1) That the applicant possesses all necessary state and federal wild animal permits, and that all such permits shall be maintained by the owner in valid form during the time that such wild animal is possessed by the owner. Expired state and/or federal permits shall cause the City's wild animal permit to be considered null and void. (2) A written statement shall be submitted with the application by a Licensed veterinarian that such wild animal has been vaccinated in an appropriate manner, consistent with accepted veterinary practices, where applicable. (3) A copy of a valid insurance policy providing liability coverage for any harm caused by the wild animal with limits of not less than 5100,000 per person and 5300,000 per occurrence and naming the City as an additional insured. The certificate shall provide that it may not be canceled except upon ten days written notice to the City. The certificate and all renewals thereof shall be delivered to the City. The City Administrator may waive the insurance requirement upon a determination that the wild animal does not pose a substantial risk. (4) A written statement by the owner that such wild animal will be maintained in a locked enclosure and removed only by a competent person for purposes of sanitation. The removal of such wild animal shall be conducted while the animal is muzzled and on a chain or leash not exceeding six (6) feet in length, under sedation, or under the complete physical control of the attendant. (5) A written statement by the owner that such enclosure shall be posted with plainly visible warning signs on all sides of the enclosure with letters of Page 14 Subd 2 Subd 3 contrasting color. The sign shall measure a minimum of 6" x 12", and have letter of 1/2" stroke and a minimum of 2" height, with the following inscription: "DANGER - WILD ANIMAL". (6) A fee as set at S35.00. The City may deny or attach conditions to the peiniit based upon the type of animal, the character of the owner's residence and neighborhood, and any other appropriate factors. If the permit is granted, the owner may bring the animal into t e City, subject to any requirements of this Section and any permit condit:Ioas. The permit need not be reviewed, but shall be subject to review at any time by the City. The Chief of Police or designated agent is hereby authorized to immediately impound any wild animal not in compliance with this Section. The impoundment shall be in accordance with Sections 320.11 and 320.12. 502.11 Summary Destruction. Subd 1 Whenever an animal control officer or police officer determines that any animal presents an immediate threat to the safety of any member of the public, after making a reasonable attempt to impound such animal, the officer is hereby authorized to destroy such animal in the interest of public safety. 502.12 Penalty for Violations of this Chapter. Subd 1 Any violation of this Section is a misdemeanor. Each day on which a violation continues shall constitute a separate violation. Page 15 AGENDA ITEM V B STAFF ORIGINATOR Mary Kay Wyland DATE November 3, 1995 TOPIC CKG 95-29-C, Teleport Inc. (Communication Coinpound) 6221 Holly Drive, Amended Conditional Use Permit PUBLIC HEARING Teleport Inc. is requesting permission to install a 10 x 14 equipment shelter in their communication compound at 6221 Holly Drive. The structure will be used to house a battery bank, baseboard heaters, an air conditioner, exhaust fans and power disconnect for the battery bank. The property is Zoned Rural and under an existing conditional use permit The Comprehensive Plan indicates this property as rural. According to our Zoning Ordinance, any changes or alterations to an existing conditional use permit require and amended permit. Staff has reviewed this request and visited the site. The complex is entirely fenced in with a security gate and berming on the south side to limited visibility of the complex and existing antennas. The proposed building is to be located just west of the existing block building and will not be visible from Holly Drive. We would recommend approval of the amended conditional use permit with the following conditions: 1. Ali conditions contained in the original and subsequent conditional use permits be made a part of this permit 2. A building permit be issued prior to location of the structure on the site. .............. VI() 1. Approve Amended Conditional Use Permit with conditions listed above. 2. Return to staff for further consideration. Option 1 EELEPORE mormEsord A division of CBS. INC 26 September 1995 Mary Kay Wyland Planning Coordinator City of Lino Lakes 1189 Main Street Lino Lakes, MN 55014 Dear Mary Kay: 11th on the Mall Minneapolis • MN • 55403 T.O.C. (612) 330-2771 (612) 330-2639 Teleport Minnesota has a plan to utilize the 10 x 14 x 10 Virginia Fiberglass Products equipment shelter. This shelter was designed to house an uninterruptible power supply (UPS) system. We would like to utilize this shelter to house the battery bank for our UPS at the teleport. The shelter would be placed on a concrete pad between the north-west side of the teleport building and the generator shelter. The shelter would contain the battery bank, baseboard heaters, an air conditioner, exhaust fans and apower disconnect for the battery bank. Wiring between the teleport building would be contained in PVC pipe trenched into the ground. I believe that this would require a building permit, but am not sure if a conditional use permit would be necessary. I have provided a drawing of the proposed location, building layout and drawings from the manufacturer on the shelter. If you have any question please contact me at 612/330-2636. Thanks for your assistance. Sincerely, Robert S. rosze Engineering Supervisor ',-‘4PliitAteat° - CENTERVILLE LAKE /1 'cOt.i1N71"; I i 1, istiablvislon writ LIDC,''S •01 I r FPART 0 SIC'S 34 35 T.03n OF j Hr fl SRAOED AREA DENOTES PARR LOCATION /lift.0 I 111111111X. 4111111., MAP OF a 40.6. N 9.11-4 THE SCUM OF SEC. 33 J '92 15:25 P t c/K.A Lw -N--1 T ;tut-.-- v u c' 2-'7JCiQ{.�lo (02.14%. Detail "a° T 0 8 FT:1461.1 CHAIN UN K FENCE* x : s t - P P FDR :. -- WMC Civ- 21.-9,l (e) 2J 662 1$ so ' (N)'. n (.02.I 4%.0 8105. op 5 ykiprownw : 22-(40.5 CN 14x ra. 45W Co ICAIt OW Ito coq a 149et co ip G. 3b' on e rveN) • A -- G- EN G 2-A TSS iL g— 10 x ► y x (a S 1fe Fc k. UP.,si er c-- 1©X10/ to SH co 40. rr. HIV URIC FV Os ED AGENDA ITEM V C STAFF ORIGINATOR Bob Kirmis, NAC DATE November 3, 1995 TOPIC 95-30-C, Church of St. Joseph, 171 Elm Street, Amended Conditional Use Permit - PUBLIC HEARING EXECUTIVE SL1lt MARY Background r;. F..._ fV.•Chlte:t Cri behG.i D': tritachurcrl of St. 3osepn a» ieoucasttco a conditional l use �.i a riend:Mori! to allow a 35,000 square c_ . expansion . ,.,''30 scc 11crship area) 't o ftie Li:Jr-ll facility lof:atf.-"d east of Sunset Rei!i 35V. and Elm Sireet Additsonaltj%, va-ii4nce from the City's ?X>-'si:_ `i r.i, {C?in do q r r 4 s t-ee. ui �i�. ! has f'. equ4ested to aowntrl"iodate a detached accessory i t 1,:'.'.4' rt larder than 1 100 Sau i e tee: fr? an R-1 zoning district +. 2,600 square fOU ac �scc'rii St r- ge building proposed)- The c J- - - 70 acre site., ci,rrctl z7"F C R-1 Residential: which lists •: urches as conditional uses. cberi for reference' Exhibit A - Site Location Exhibit P - Detailed Site 1.9c: r.ien Exhibit C Site Survey E=xhibit D Site Plan Exhibit C - Grading Plan Exhibit F Landscape Plan Exhibit G - Utility Pan Exhibit H - Building Elevations Exhibit 1 - Floor Plans 5775 Wayzata Blvd.- Sate 555 • St. Louis Park, MN 55416 (612) 595-9636+ax. 595-9837 NOV-83-1995 OD: 19 Recommendation NAC 612 595 9837 P.03 Based on the following review, our office recommends the following: 1. Approval of a conditional use permit (amendment) to allow the expansion of a church within an R-1 zone subject to the following conditicins. a_ The Anoka County Highway Department and City Engineer provide commentirecommendation in regard to the need for Elm Street improvements necessary to accommodate increased area traffic volumes (i,e., right-of-way widths, site access, tum lanes, etc.). b. Consideration is given to the removal of the site's easternmost access point (east of original church) to further limit access to a high volume roadway and rectify a jogged street intersection condition in the area_ c. The site plan is modified to illustrate specific trash handling teas All waste, refuse or garbage shall be kept in an enclosed building or container designed for such purposes. Consideration is given eliminating the row of parking stalls abutting Elm Street and devoting such area to green space. e. The site plan is modified to illustrate exterior lighting locations_ All lighting shall be hooded and directed so as not to infringe on neighboring residentiai uses and public rights-of-way_ If any new signage is to be erected, a sign plan is submitted which specifies the location, type and size of all proposed signs. All site signage shall be required to comply with applicable provisions of the City Sign Ordinance. g. The submitted grading and drainage plan is subject to review and approval by the City Engineer. Such review should specifically address the need for drainage easement establishment over the site's ponding area The applicant shall be required to demonstrate that the proposed development will have no wetland impact. h. The submitted utility plan is subject to review and approval by the City Engineer. Such review should specifically address details relating to septic system removal and well capping. i. The City Engineer and Anoka County Highway Department provide comment in regard to the proposed roadway easement acceptability. 2 NOV-03 1995 89:19 f 1 C 612 595 9837 P.04 The applicant demonstrate, through the submission of a building elevation(s) that the proposed accessory building complies with R-1 District height requirements (16 feet). k. The proposed accessory building is finished in materials judged by the City Building Inspector to be compatible with the site's principal structure. f. Comments from other City staff_ 2. Approval of a variance to allow an accessory storage building within an R-1 zoning district to exceed 1,100 square feet in size subject to the following conditions: a The City direct staff to pursue an ordinance amendment which addresses the greater accessory building needs of non-residential uses (Le., churches, parks, golf courses, schools, etc) allowed in residential zoning districts. b. Comments of other City staff. ISSUES ANALYSIS Conditional Use Permit Review CUP Evaluation Criteria. As noted previously, the applicants have requested a conditional use permit to allow the expansion of an existing church facility within an R-1 zoning district. In review of conditional use permit requests, Section 5, Subd. 5 (3) of the Zoning Ordinance stipulates that issuance is only permitted if findings are made that such use at the proposed location_. 1 Will not be detrimental to or endanger the public health, safety, comfort, convenience ar general welfare of the neighborhood ar the City Will be harmonious with the general and applicable specific plans and policies of the Comprehensive Plan of the City and this Ordinance_ Will be designed, constructed, operated, and maintained so as to be harmonious and appropriate in appearance with the existing and/or intended character of the general vicinity and will not change the essential character of that area. 3 NOV-03-1995 09:19 NAC 612 595 9837 P.05 4. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems, and schools; or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, or odors. Will have vehicular approaches to the property which are so designed as not to create traffic congestion or an interference with traffic on surrounding public thoroughfares_ Will not result in the destruction, loss, or damage of a natural, scenic, or historic feature of major importance. 9. \Mill conform to specific standards of the ordinance applicable to the particular use, Comprehensive Plan. The City's Land Use Plan designates the subject site as single family residential. Although the plan does not specifically delineate semi-public uses, churches are listed as conditional uses in R-1 zoning districts and are considered complementary to residential uses_ In further support of the proposed use expansion, the comprehensive plan includes the following policy: Moderately intense development (residential, commercial and industrial) shall be encouraged to locate within Lino Lakes The location of such uses will be consistent with the availability of public facilities, thoroughtare accessibility, and conformance with established adjacent land uses. Land Use Compatibility. To determine the compatibility of the proposed use, it is considered beneficial to examine existing and anticipated uses which surround the site. The following is a listing of uses and zoning designations which surround the subject property: 4 NOU-03-1995 10:27 NAC 612 595 983? P.02/02 Direction Land Use Zoning North Interstate 35W/undeveloped R-1 South Single Family Residential R--1 East Single Family Residential R-1 West Senior Housing R-4 Considering that the proposed structure expansion is to occur within the interior of the site over 300 feet from adjacent residentially zoned land, the proposed semi-public use is considered compatible with adjacent uses. Public Services. As a condition of CUP approval, findings must be nude that the proposed use will not overburden the City's service capacity. As noted on the site plan, the existing church facility is currently served by a private septic system. As part of the proposed church expansion, the church is required to hook up to City sewer and water. The proposed use is not expected to overburden the City's service capacity. Traffic Generation. While traffic generated by the proposed church expansion will undoubtably escalate traffic volumes upon Elrn Street, it is believed such street can (with any necessary improvements) adequately handle such volumes_ It should be understood that peak traffic generation for the church will not coincide with typica! "rush hour" traffic. Necessary improvements (i.e., turn lane, signage, eta) should be subject to the recommendations of the Anoka County Highway Department and City Engineer. Access. The subject site is currently provided five separate access points to Elm Street As shown on attached Exhibit D, the church expansion plan calls for the elimination of one of the said access points and a westerly shift of the westernmost driveway. in consideration of Elm Street's classification as a collector street, the proposed elimination of an existing access point and increased driveway separations are viewed as positive. As part of the CUP amendment consideration, however, it is recommended that an attempt be made to also eliminate the site's easternmost access point (east of original church). Such removal would rectify an existing jogged street intersection condition which exists in the area With the exception of the easternmost driveway, all access drives measure 26 feet in width and satisfy maximum curb cut width standards. Setbacks. The proposed church addition, accessoy storage bLuldinO, and off-street parking areas have been found to meet applicable R-1 District setback requirements as shown below 5 TOTAL P.02 NOU-03-1995 09:20 NAC 612 595 9837 P.07 Principal Building Addition: Required Setback Proposed Setback Front Yard 40 feet 435 feet Side Yard 10 feet 325 feet Rear Yard 30 feet 225 feet Accessory Building:* Front Yard 40 feet 495 feet Side Yard 5 feet 465 feet Rear Yard 5 feet 175 foot Parking Area: Front Yard 15 feet 15 feet Side Yard 10 feet 100 feet Rear Yard 10 feet 215 feet 1 "Variance required for structure size allowance Off -Street Parking Parking Ssapply. As calculated below, the church is required to provide a total of 325 off- street parking spaces: Worship Area Capacity Ratio Required Spaces _ 1,300 1 per 4 seats in the main assembly hall 325 According to the submitted site pan, 465 off-street parking stalls have been provided Thus, the proposed parking supply exceeds with ordinance requirements, Handmatihi. According to the Minnesota State Council on disability, the proposed use is required to devote 9 of the provided 465 stalls to use by the handicapped. With a total of 12 handicap stalls being provided, this requirement has been satisfactorily met. 6 N01I-03-1995 09:20 NAC 612 595 9837 P.06 JDimensional Requirements. All proposed off-street parking stalls have been found to meet minimum stall (9 x 18') and drive aisle width requirements (26 feet) Landscaping. In accordance with CUP/site plan submission requirements, a landscape plan has been submitted for review. As noted on Exhibit F, a garden court element is to be provided directly south of the proposed sanctuary Such site feature is considered extremely positive by 1) breaking up a large expanse of off-street parking, 2) reinforcing the assembly area access, and 3) providing a visually interesting natural element to the site design_ Specific tree plantings to be located on the site include Honey Locust and River Birch_ Recognizing that the church's parking supply greatly exceeds that required by ordinance, consideration should be given to the conversion of the Elm Street abutting parking stalls to green space Trash. The site plan does not illustrate any specific trash handling areas. According to Section 4, Subd_ 25 of the Zoning Ordinance, all waste, refuse or garbage must be kept in an enclosed building or closed container designed for such purposes. Specific trash handling areas should be identified on the site plan_ Lighting. The site plan should be modified to illustrate exterior lighting Iocations. All lighting should be hooded and directed so as not to infringe on neighboring residential uses and public rights-of-way. Signage. While the submitted site plan does specify parking lot signage details, it has not been indicated whether any new church identification signage is to be erected. If any new signage is to be erected, a sign plan should be submitted which specifies the location, type and size of all proposed signs upon the property According to the ordinance, the following requirements apply to institutional identification signs within R-1 zoning districts, Height (maximum) Area (maximum) Setback (minimum) 6 feet 24 square feet 10 feet from property line Grading and Drainage. As noted on the submitted grading plan, a large ( ± 0.5 acre) ponding area is to be provided in the northwest corner of the subject property to manage storm water runoff. Specific grading and drainage issues should be subject to comment arid recommendation by the City Engineer. As part of such review specific recommendation should be made as to the need for various drainage easements. 7 NOU-03- 1995 09:21 NAC 512 595 9837 P.05 Utilities. As part of the proposed church expansion, a hook up to City sewer and water service is intended. This issue and details related to septic system removal and well capping should be subject to comment/recommendation of the City Engineer. Wetlands_ As a condition of CUP approval, the applicants will be required to demonstrate no wetland impact. This issue should be subject to further comment by the City Engineer. Elm Street Elm street which abuts the subject property on the south is currently provided a 33 toot right-of-way width from the centerline_ According to the submitted site pian, an additional 7 feet of roadway width is to be provided via easement. The acceptability of such easement should be subject to comment by the City Engineer and Anoka County Highway Department. Building Height. Within the R-1 zoning district, no church may be erected which exceeds 45 feet in height (Section 4, Subd. 9). Also to be noted is that church spires and cupolas are excepted from such requirement. According to the submitted building elevations the proposed church exclusive of the proposed cupolas and spires, is to measure 40 feet in height and complies with the ordinance standard_ According to the ordinance, accessory structures in the R-1 District may not exceed 16 feet in height. As a condition of CUP approval, the applicant should demonstrate compliance with this provision through the submission of a building elevation. Building Materials.. According to the submitted building elevations, the proposed church addition is to be finished in face brick which will match that of the existing structure. The assembly area (sanctuary) roof is to be finished with standing seam metal. According to the ordinance, buildings must be designed, constructed and maintained in an aesthetically compatible manner. Finish materials of the proposed church addition have been found to satisfy this requirement. In regard to the finish materials of the proposed accessory building, R-1 District provisions direct the following_ No metal oonugated siding or roof. Roof and exterior color and material compatible with home (principal building) As a condition of CUP approval, the applicant must demonstrate compliance with the City's accessory building material requirements in a manner judged acceptable by the City Building Inspector. 8 NOVI-03-1995 09:21 NAC 612 595 9837 P.10 Variance Review Accessory Building Requirements.. While the site's proposed accessory building does meet R-1 District setback requirements, the size of the structure greatly exceeds that currently allowed by ordinance_ Specifically, the R-1 District allows a maximum detached garage building size of 1,100 square feet. At 4- 2,600 square feet in size, the proposed structure more than doubles the maximum area requirement provided in the ordinance. To accommodate the proposed accessory structure, a variance from the R-1 District size standard is necessary. Evaluation Criteria. In consideration of variance requests, Section 5, Subd. 7 of the ordinance variances may be granted when strict enforcement of the ordinance would cause undo hardship because of circumstances unique to the individual property under consideration. The ordinance also directs the City to make the following findings: 1. That the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls 2. That the plight of the landowners is due to circumstances unique to his property not created by the land owner_ That the hardship is not due to economic considerations alone and when a reasonable use for the property exists under the terms of the ordinance. 4 That granting the variance requested will not confer on the applicant any special privilege that would be denied by this ordinance to other lands, structures, or buildings in the same district. 5. That the proposed actions will not unreasonably diminish or impair established property values within the neighborhood. 6. That the proposed actions will be in keeping with the spirit and intent of the ordinance_ in this particular instance, the need for variance results from a failure of the R-1 District provisions to recognize that the non-residential conditional uses which are allowed in the district (Le., churches, parks, schools, golf courses, etc.) may typically have accessory building space needs that exceed a single family home 9 NOV--03-1995 09=22 NAC 612 595 9837 P.11 In consideration of this matter, we feel the granting of the requested variance may be justified due to the following: 1. Disregarding the site's zoning designation, a + 20 acre site such as that in question would be allowed an accessory building size not greater than the foundation of the principal building. The size of the subject site and proposed structure setbacks essentially remove the potential for adverse impact from the accessory building 2. Recognition of accessory storage needs of non-residential uses in R-1 zoning districts is in keeping with the spirit and intent of the ordinance. 2_ If the City chooses to grant the requested variance, it is our recommendation that staff be directed to (as part of the pending ordinance update) pursue an ordinance amendment which addresses the accessory building needs of non-residential uses (i.e., churches, parks, schools, golf courses) allowed within the City's residential districts. Such amendment will ensure equitable future treatment in this matter_ CONCLUSION Based on the preceding review, our office recommends approval of the following: 1. Conditional use permit amendment to allow the expansion of a church within an R- 1 zoning district 2. Variance to allow an accessory building greater than 1,100 square feet within an R-1 zoning district. Approval of the forementioned should, however, be contingent upon satisfaction of the conditions listed in the Executive Summary of this report. pc: Randy Schumacher 10 NOV-03-1995 11: kriC 612 595 9037 P.02 4,1 R 7 14 1 MILE CITY OF LINO LAKES dommumloy MINNESOTA EXHIBIT A - SITE LOCATION NOVI-03-1995 11:05 612 595 9837 P.03 -- :2 0 t * 4.11.11119a, RE MARSHAN LAKE MULTIP FA BU BUSINESS WIT SENIOR HO NG.' . EXHIBIT B - DETAILED SITE LOCATION 1995 Westwood Professional Ser.ices, Inc. LEGAL DFSCRIPTION That part of the East IMIf of the Southwest Wailer of the Southsost carter of the SouthreRl Ouster and the Foot Mor of the Northwest Quarter of the Southeast (6.arter of the Southwest Ouarler of Section 18. Township 31. Range 22. Keno south of o lire drawn born a point in the .est line o1 the East Hall 01 the Southwest Waster cf the Southeast Worts- 01 the Southwest Warier of said Section 18, 0,1001 656.48 feet north of the South Ile, a point on o line crown parallel with and 210 feet east o1 the East line o1 the Southeast O0ater o1 the Southwest Warier of said 5echoe 18, disponi 1046.92 het north of the south line thereof, according 4a the United Stales Government Survey *Sorest and situate 'n Analis County. .smes010. SITE DATA 5110 AREA - 23.19 ACRES EIIISTh40 ZONING - RESIDENTIAL PROPOSED ZONING - RE510646AL (7.0.P.) E%IS11NG ELIA STREET R/W (33' 0,0X) - 95 ACRES EKISIING EUI STREET R/W (40' WIDE) - 1.15 ACRES BUILDING AREA - E0STING - 316832 S0. Fl. - PROPOSED - 3468T3 S0. FT. - TOTAL - 66,370s S0. FT. PARKING REWIRED 11916101.1 (13005 5EATS,e4) PROPOSED PARKI40 i f - 325 STALLS - 465 STALLS (INCL. 12 HC. per ADA) 7 Rte ,'E,�� afst. _ s roft OPCP awe .«A. 0198 (0103 r-40.1:77FLA ft foi WAC- 1�n / trt+ *' , 7 M --; Certificate of Survey for: The Church of St. Joseph of Rice Lake /" .4o. 1 tate 0 state_ " gig 8/+.27.2n 1104174 County State Aid Highway No. 12 S 88°29'16 W. 210.04 Legend o Donates Iron ent- set o G1„ rwW,m Scruz ores Line o,e; .vW, ;re. Line Len.,e, Po_. Pao ,a ffre g ores J1,71 .o,r Ea. EDenotes —" Lenore,, ma..ae flame enc rr—c,..or., GO,51 LPL Leooi Oescriotion ,cc c e Sc., es• c - ^656.46 re -,., c. Se_'c '6. Je 1-«.3 - c.fn ,cc i —5 one o, a,/, o-c-cou�c ei,es SACr,_ oc.,- • lows .0 tele Stec o, II.lonesofc RewetreGon 12-04.7 +mess, e• MCL Architects Woetwooa P,olessionaf Services. Mc Leer Of, 937-573C s,s •1995 Westwood Prolessiono1 Service, Inc. Coq 48 Hours before digging' GOPHER STATE ONE CALL Twin City Area 450-0002 11n Ton free 1-800-252-1166 rmmr RP OR E.MMENQ SILT FENCE DIVERSIONARY DIKE ROCK CONSTRUCTION ENTRANCE FGEN0 DEIEMIS AROKAAD 9t` •ENMt orrIES •11114v, (RFC r/MiIMAIrS RtgTES la NTEn.: 0.74.0 COHTOM TIHOMS PROPOSED ralram :LANE worzs META. EMT Or MO. MIME 0e5TP4 CDT Or MEE MNOTES OOTI•C EDT Mr TREES ormaRS SOI WwC .CG800 (On OMER, h . .. Q:.I1• •. ..:... . 1 •ALL CO+TOUP.5 AND SPOT ELEVATIONS ARE 010.0. TO FINISHED SURFACE/GUTTL GRADES UNLESS OTHERWISE NOTED. •REFER TO THE STE PLAN/RECORD PLAT FDR MOST CURRENT HO14I10NT, SITE DIMENSIONS AND LAYOUT • THE CONTRACTOR SHALL VERIFY THE LOCATION AND ELEVATION0r EXISTING UTILITIES AND TOPOGRAPHIC.. FEATURES WITH THE OWNERS AND FIELD -VERIFY PRIOR TO CONSTRUCTOR. THE CONTRACTOR SHAWL IMMEDIATELY NOTIFY 180 ENCONEER OF ANY DISCREPANCIES OR VARIATIONS FROM PUN. •NO TREES 41.41 BE REMOVED WITHOUT APPROVAL OF ARCHITE-CT/ENGINEER. • AL, RCP FOR STORM SEWER SHALL BE CLASS 0 UNLESS OTHERWISE N01ED •ALL CATCH 134905 AND 1.1AN40LES IN PAVE:" AREAS SHALL 8E SUMPED 0.10 FEET. RIM ELEVATIONS ON PLANS REFLECT THE 91MPE0 ELEVATIONS. •ALL CONSTRUCTION SHALL CONFORM TO LOCAL RULES. •*0911VE DRAINAGE FROM THE SITE MUST BE PROVIDED AT ALL TIMES. EROSION CONTROL NOTES: • Ail SOT FENCE AND OTHER EROSION CONTROL FEATURES SHALL 8E IN -PUCE PRIOR TO ANY EXCAVATION/CONSTRUCTION AND SHALL BE MAINTAINED UNTIL VIABLE AIRF OR GROUND COVER HAS BEEN ESTABLISHED. EXISTING SILT FENCE ON-SITE SHALL 8E MAINTAINED AND OR REMOVED AND SHALL BE CONSIDEREC NCIDENIAL 1D THE CRAZING CONTRACT. IT 5 OF EXTREME IMPORTANCE TO BE AWARE OF CURRENT FIELD CONDITIONS WITH RESPECT 10 EROSION CONTROL TEMPORARY PONDING. DINES. HAYSALES. ETC.. *MARRED BY THE OTT SHALL DE *10005TAL TO THE GRADING CONTRACT. • ALL STREETS DISTURBED DLXBNG WOR1ONG HOURS MUST BE CLEANED AT THE END OF EACH WORIONG DAY. A ROCK ENTRANCE TO THE STE MUST 80 PROVIDED ACCORDING TO DETAILS TO REDUCE IRACKMC OF OMIT ONTO PUBLIC STREETS. NOPTH 0' 50 100 200 DOWER mum. bre gm. of re Skosta mmmemela 5 J 0 5.1 urt1 rt9-1 Napn-4 rookl-P+4 - orrice4 FOCTV-sant46, _ • NOKTHELEVATION _ . . 4. I.e., er,arneuarn.4 ev•eno.c. LLINknoN CHLACH OF ST. JOSEPH LINO LAKES, MMESOTA TVICIA A3 ARCHITECT. If CC1011/1 MPS } Yui nswwT•orI rpct CHURCH OF ST. JOSEPH LNO LAKES, Mtl'fSOTA ivicx.A. A4 ARCHITECTS. INC. 0 r TV- 4' --11A1} 0 0 }d• 4' 5 1\ Maori rt -no - U N K CHURCH OF ST. JOSEPH WO LAKES, MNstFSOTA MCL A2 ARCHITECTS. iNC. OCaNIt ++6 AGENDA ITEM V D STAFF ORIGINATOR Bob Kirmis, NAC DATE November 3, 1995 TOPIC 95-31 Z, Esther Wenzel Noren, South of Aqua Lane, Rezoning - PUBLIC HEARING EXECUTIVE SUMMARY Background Ms. Esther Noren has submitted a request to rezone 1 7.0 acres of a j 15 acre tract of land located south of Aqua Lane and east of Lake Drive from GB, General Business to R- 3, Medium Density Residential. The property also lies within the City's Shortland Overlay District_ While the applicant is not formally pursuing subdivision of the + 15 acre tract at this time, any rezoning approval shall be contingent upon property subdivision. Attached for reference: Recommendation Exhibit A - Site Location Exhibit B -- Detailed Site Location Exhibit C Land Use Plan Exhibit D - Concept Plan The change in zoning is a policy decision for the City_ however, proposed multiple family use of the subject site contradicts the City's land use plan which suggests commercial use of the property. The requested downzoning is also inconsistent with an adopted City Council policy of preserving existing commercially zoned land in the City unless special conditions exist or an exchange is negotiated. 5775 Wayzata Blvd- Suite 555 - St. Louis Park. MN 55416 • (612) 595 -9636 -Fax. 595-9837 NOV-03-1995 09:22 NAC 612 595 9837 P.13 While existing City policy tends to discourage the proposed use, a pending commercial rezoning application for property north of the subject site may constitute an equitable land trade. In this regard, we would recommend a tabling of this matter pending the following events: Comment/recommendation by the EDAB on the request. 2. Processing of the adjacent commercial zoning application. 3. Staff investigation of any applicable FAA restrictions which may apply to the subject property. ISSUES ANALYSIS Existing Zoning. The subject property is currently zoned GB, General Business. The purpose of the GB District is to provide for a wide variety of business uses including retail, service and semi -industrial. According to the applicant unsuccessful attempts have been made in past years to sell the subject property for commercial purposes. While marketing the property for commercial land uses has not proven successful, the applicant has had numerous inquiries in regard to the potential for multiple family residential use of the property. Because the existing GB zoning of the site does not provide for multiple family residential use, an R-3 zoning designation has been requested, Rezoning Evaluation Criteria. In consideration of rezoning requests, the possible adverse effects of the amendment should be considered_ Generally speaking, the City Council and Planning Commission's judgement of the rezoning should be based upon, but not limited to, the following factors-. I he proposed action's consistency with the specific policies and provisions of the official City Comprehensive Plan_ The proposed use's compatibility with present and future land uses of the area. 3. The proposed use's conformity with all performance standards contained herein (i.e., parking, loading, noise, etc.). 4. The proposed use's effect upon the area in which it is proposed.. the proposed use's impact upon property values of the area in which it is proposed. 2 NOV--03-1995 09:23 NAC 612 595 9837 P.14 Traffic generation of the proposed use in relation to capabilities of streets serving the property_ The proposed rise's impact upon existing public services and facilities including parks, schools, streets, and utilities, and its potential to overburden the City's service capacity_ Comprehensive Plan/City Policy_ In contrast to the proposed use 01 the subject property, the City's 1990 Land Use Plan update suggests commercial use of the site. Such commercial designation reflects a City objective of maximizing its tax base. Reinforcing such objective is an adopted City policy (Resolution 95-43) which specifically supports the preservation of remaining commercial/industrial land within the City. The resolution further states that downzoning should be considered only when special conditions make it appropriate Or when an equitable exchange can be negotiated and the aforementioned policy do not support the rezoning request. While the aforementioned City policy would tend to discourage the proposed multiple family use, the fact that a pending commercial rezoning application exists to the north of the subject site may constitute an equitable exchange in tax base. This issue should be subject to further comment by the Economic Development Advisory Board (EDAB) While the proposed use of the subject property is not literally consistent with the City's current Land Use Plan, there are specific plan policies within the Comprehensive Plan which would tend to support the proposed use as listed below: Future community development shall take into account social, economic, and environmental opportunities and constraints in an effort to provide an optimal arrangement of future land use activities_ A variety of residential development types is desirable and shall be encouraged in the community. Particular areas of the City shall be designated for each of the desired housing types which range from multi -family residential to rural (rural density single family). Where possible, land uses will be grouped together, according to similarity of their characteristics, in order to minimize potential negative impacts. Where conflicting Land uses must be located adjacent to one another, steps will be taken to minimize the potential negative impacts. While the preceding policies would tend to support the proposed land use, a change to the City's Lend Use Plan would be necessary to justify such zone change. 3 NOV-03-1995 11:06 NAC 612 595 9837 P.@4 Compatibility. To determine the compatibility of the proposed use, it is considered beneficial to examine existing and anticipated land uses which surround the subject properly. The following is a listing of land uses and zoning designations which lie adjacent to the subject property. Direction Land Use Zoning North Multiple Family (Marshan Townhomes) R-4 " South Undeveloped CB/R-1 East Sea plane runway R-1 West Single family/commercial GB Pending application exists for commercial rezoning northwest of subject property. As shown above, the subject site is bounded on the east by a sea plane Luse runway. In recognition of such use, major concerns exist in regard to compatibility and safety related issues which could result from the proposed adjacent multiple family use. Prior to offering specific recommendation on this matter, contact should be made with the Federal Aviation Administration (FAA) to determine any flight zone restrictions which may apply. Performance Standards. As part of future processing and future development upon the subject site, the site would be required to meet all applicable City performance standards. Property Values. While multiple family housing upon the subject property is not expected to lower area property values, such use may not generate a tax base equal to that which would result from commercial use of the property, f he applicant has indicated that attempts have been made to market the subject property for commercial use, and that the requested zone change responds to area market demand. The questions relating to property tax return on the property is considered a policy matter to be determined by City officials. While the site's zoning may influence property tax return; the requested R-3 zoning is not expected to adversely impact area property valves_ Traffic. In consideration of a wetland which exists in the southern portion of the site (see Exhibit D), access to the property may be achieved only via Aqua Lane from the north. According to a reference document entitled "Trip Generation - An Informational Report" 4 NOV-03-1995 09:24 NAC 612 595 9837 P.16 prepared by the Institute of Transportation Engineers, multi -,family (condominium) type developments average 5.2 trip ends per unit. Considering that the R-3 Zoning District allows a maximum of eight dwelling units per acre, it is anticipated that a maximum of 280 trip ends per day could be generated_ The City Engineer should provide comment and recommendation as to the ability of Aqua Lane and the Lake Drive/Aqua Lane intersection to accommodate such traffic volumes. Public Services_ As part of the rezoning consideration, findings should be made that the proposed use will not overburden the City's public service capacity. The subject site lies within the Metropolitan Urban Service Area (MUSA). Multiple family residential use of the subject property is not expected to overburden the City's service capacity_ Utilities will be available to the site through the utility extension from Marshan Townhomes. This item will be subject to review and recommendation by the City Engineer_ CONCLUSION The proposed multiple family use is not consistent with the City's land use plan or adopted City policy of preserving commercially zoned land within the City. Such land use may, however, be deemed acceptable as a land exchange in consideration of a pending commercial zoning application north of the subject property. At this time, we recommend a tabling of the request until such time as the events listed in the Executive Summary of this report occur. pc: Randy Schumacher ll.-JTA! P.16 NOV-03-1995 11:06 612 595 9837 P.05 NORTH MEMOMMEMomMilin. 1 MILE CITY OF LINO LAKES volimmummor 1111111111i., MINNESOTA EXHIBIT A - SITE LOCATION MOI) -03-1995 11:07 t'C r enwaiLI iAf 612 595 9837 P.06 GEORGE PESHANAU AI -DW I I: sRea FSl, 4. ji : ;0. £.1412 C12•t]'y 90.1.4%Ty4 +' int.'"•- 1^"i P ' f i4.`.'. Y. AIY 15ittllq 1 t *tit N. � , 't • • ' l iese" ele *)-4u51�=1 ` %r3L � LAKE / ?�'�9KF+""F J4�A jsrty��S.di►�-t'` QL. OIDSCEMIttlyv �enY. 'tiP ,bf1.�Cfi.�: a�DE�Ti W cY-. �( LI:}`�I�. R" of K +�siy v tr}ty +4 Y �., '0 1 ! , fat tFi I' /0ge44::"%CC-iKr�1:1�rYLi�'�!'LV`^�.Mk t'6 y+ •''.: i.:��-�• fid;,' �...: ►�J.�.. + �6S2.Wi'CCII'+�LY.p91. ' ►_i�1�e li�(R4Rf T9^-Yt'Tj{�RAPO EXHIBIT B - DETAILED SITE LOCATION NOV-03-1995 1109 ';f!±!rH4 f•T' JIN NRC P . 0'7 I 1 111-=I1„r IAL f 1 7 9 7 1 • Y /VI/5.°5- "PAW r • rity RESHANA EXHIBIT C - LAND USE PLAN NOV-03-1995 11:1 E1 { 14-00 a THERE ARE Two .011T in Old Wood Shed. SUILUfN5S FROM 7I£ FAfeJle THAT FALL a VER nits 11NF. 8 7:71.2.1n00'17 t AQUA �. 612 595 9837 P.08 NORTH LINE SOUTH 60.00 FEET GOl& LOT 2 SEC. 20, T31N-R22W. N 89°20125"W 1144.62 PEEo = cur -589°20'25`r //3a J1 =°al v. N4 c �, j nt en ! LANE 2 ,589/20 2.5 8J"�2.J J\ . -41 74 uitt Gat 1' 4cfr, ,mow.' sou"( ff LINE SE Vi NE L/4 SEC. I9, T3IN R22 W 417.76 589°46'02"W 210 Co 509646'02"W Anok.1 Co. of Eosl J/.? Co:- Sec_ 19, T31N-R22141 SSW Lof. Gem'f Lot 3 Sec. 20, 1 31N-f722W ) `f WT EXHIBIT [? - CONCEPT PLAN TOTAL. F. AGENDA ITEM V E STAFF ORIGINATOR Brian Wessel DATE November 3, 1995 TOPIC PUBLIC HEARING - Metal Building Ordinance K± The attached ordinance is being considered to allow more flexibility in design for commercial areas of the City and to provide a clarification of the existing ordinance relating to the use of metal on commercial structures. The proposed ordinance would allow exterior coverage in modern metal panel up to 60% of the total building structure and limit the exterior treatment to 20% metal on any portion abutting a right-of-way or considered to be the front of the building. The City's Economic Development Advisory Board has adopted a resolution calling for clarification of the section of the Zoning Ordinance pertaining to site plan review and building design and they have endorsed the proposed ordinance. The Planning & Zoning Board have also considered this ordinance under discussion items at the last P & Z Meeting. Publication has been made in the legal newspaper concerning the public hearing. Staff will have some photographs and other materials available for review at the public hearing. In summary, we would recommend adoption of the attached ordinance pertaining to building design and the use of modern metal panels, 1. Adopt Ordinance No. 95- concerning metal buildings. 2. Return to staff for further consideration Option 1 Council Member introduced the following Ordinance and moved its adoption. CITY OF LINO LAKES COUNTY OF ANOKA ORDINANCE NO. 95 - AN ORDINANCE AMENDING APPENDIX B1 ZONING ORDINANCE, SECTION 5, SUBDIVISION 4. SITE AND BUILDING PLAN REVIEW, (4) DESIGN STANDARDS, (G) BUILDING DESIGN, (ii) (referencing all buildings erected on land within the commercial, industrial, public and semi-public zoning districts). The City Council of the City of Lino lakes ordains: Section 5, Subdivision 4, Site and Building Plan Review, 4 (G) Building Design (ii) is deleted in its entirety and the following substituted in lieu thereof: All buildings erected on land within the commercial, industrial, public and semi-public zoning districts shall be constructed as follows: (a) Exterior wall surfaces may be a combination of materials including brick, precast concrete panel, decorative concrete panel, architectural concrete block, cast -in-place concrete, stone or glass with metal panels encompassing no more than 60% of all elevations of the building combined. (b) Front building elevations, or that portion of the building abutting a public right-of-way, metal panels shall not exceed 20% of the wall surface. This Ordinance shall become effective upon its passage and publication, according to the City Charter. ADOPTED by the Lino Lakes City Council this day of 199 ATTEST: Vernon F. Reinert, Mayor Marilyn G. Anderson, Clerk/Treasurer The Motion of adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said Ordinance was declared duly passed and adopted. AGENDA ITEM V F STAFF ORIGINATOR Mary Kay Wyland DATE November 3, 1995 TOPIC 95-32-P, UDOR USA, 500 Apollo Drive Minor Subdivision UDOR USA constructed a building in the Apollo Business Park in the Fall of 1994. Their original parcel of property consisted of one (1) acre. UDOR has determined the need for an additional 10' along the westerly property line to allow increased maneuvering and driveway area for delivery vehicles serving their property. The City has agreed to sell UDOR the additional 10' and a survey has been prepared. The timing of this subdivision is good as it coincides with the sale of three acres immediately west of this parcel and a minor subdivision for Fogerty/Custom Remodelers. UDOR will share a driveway access with Fogerty/Custom Remodelers. The property in question is Zoned General Industrial and contains a 6,000 square foot office/warehouse building. The City's Comprehensive Land Use Plan indicates the property as Industrial. Minimum lot area in an industrial district is 1 acre. Staff would recommend approval of this minor subdivision with the condition that 5' be added to the existing 10' drainage and utility easement be provided along the entire length of this 10' strip of property. 1. Approve minor subdivision with drainage and utility easement. 2. Return to staff for further consideration. Option 1 DJ. z a 0 74TH STREET UNO LAKES CORRECTIONAL FACIUTY 1 1 LILAC ST. - S.T. HWY NO. 49 • 0/94 P 1 3S1 H\C' • APOLLO BUSINESS CENTER CITY OF 8011/ PARK APOLLO BUSINESS PARK ENOLAKE8 Ac‘ -7 4<7 Cert i f i ca te of &rve� For: CITY OF LINO LAKES NORTH NOTE: Existing buildings not located or shown Q ;>'1'° ®�� 613" $ 02 0( o 1/2" LP R.L.S. #13115 9 W PROPOSED PROPERTY DESCRIPTION ' 0) 0' i W -0 ` W U • d 0, -3_ lS Lot 1, Block 2, together with the northeasterly 10 feet of Outlot B, all in Apollo Business Park, Anoka County, Minnesota. Subject to o drainage and utility easement across the southwesterly 5 feet of the northeasterly 10 feet of said Outlot B. „91,Z0o00 STAFF ORIGINATOR DATE TOPIC R0 AGENDA ITEM V G Mary Kay Wyland November 3, 1995 95-33-P, Fogerty/Custom Remodelers, 475 Apollo Drive, Minor Subdivision Fogerty Investment and Custom Remodelers is requesting a minor subdivision to create a three (3) acre parcel in the Apollo Business Park to allow the construction of an office/warehousing building. Plans for the building were approved by the Planning & Zoning Board and Council in October contingent upon approval of this minor subdivision request. The property in question is Zoned General Industrial and indicated as commercial on our land use plan. The minimum lot size in this Zoning District is one acre. City Staff has reviewed this request and would recommend approval with the condition that a 5' drainage and utility easement be provided on the side property lines. A 30' easement currently exists on the rear property line. TIONS' .................... 1. Approve minor subdivision with 5' utility and drainage easement on side property lines. 2. Return to staff for further consideration. COMMENDAT option 1 APOLLO BUSINESS PARK 7 LINO CITY OF LINO LAKES, . A'ORA COUNTY, AIINNESOTA 09107 f DRAINAGE GSEUENI (INDUSTRIAL I I I 1 1 1 I 1 1 1 I 1 1 1 1 1 I I 1 1 I 7 I I i I I I I I I I I I I I I I I PARK I N , 0 00101 T. I. F. District 1-7 / _% CERTIFICATE OF $uFev r FOR; Cl TY or LINO) LAKE,; North PROPOSED POOP 'k rYr"s ' ,(F et osf Wly corner or 0010E b .ar®o That part of Oudot 8,, Apollo Business Park, Anoka County: Minnespt lying easterly of the following described line; 8 ginning at the most northerly corner of said Cutlet 5; thence or on assumed bearing of South 58 degrees 02 minutes 05 seconds West along the northwesterly line of said Uutlot E? 12635 free; thence southwesterly along sold northwesterly hoc and alar.7 c tangential carve concave to the southeast, having o radius of 799.00 feet, a central angle of 17 degrees 50 minutes 56 seconds anti on aro length of 248.91 feet; thence South 40 degrees 11 minutes 12 seconds West along sold northwesterly line and tangent to said curve 75.00 feet; thence South 49 degrees 48 minutes 48 seconds East 323.37 feet to the southeasterly line of said Outlot B and there terminating. Except the northeasterly 1000 twat thereof Subject to a drainage and utility easement across the northeaster-ty feet and the southwesterly 5 feat of the °hove described property 9. u? N sr 0 t, a 1141. St4 eoNe, NC. Lam. $UI,4tvCYO0.9 $1180 LlSxlt•IGTON Ayr. NI! CII;tCLE PiN168, t iN S6(15Ia '10.. (ell) 166.15°66 IwX (6 311 1916-62.51 1 ROOK, _ate, F'AGE _13 SC = . I ,1_ `15`2:" ACF: FQ'_ psk Drc.v 5x_I; Job No.: Gearing, shown arc n suuned 1 r:. 0,crIc..tes Iron Set is Denotes Iron Found I hereby certify that /h/, plan, survey ar report was prepared by me or under my direct supervla/on and Mot / oma duly L/cenrd Land SurveyoAr_u�[n�d`er the lows of the State of A}G!nesota. Oa(cS this f'0 _ day of 4rti/. (,+nom . 199S ^ ao' 11t License No. 98 8