HomeMy WebLinkAbout01/13/1993 P&Z PacketCITY OF LINO LAKES, MN.
PLANNING & ZONING BOARD
AGENDA
WEDNESDAY, January 13, 1993
6:30 p.m.
I. Call to Order and Roll Call:
II. Approval of Minutes:
December 9, 1992
III. ACTION ITEMS:
A. PUBLIC HEARING: 92-44-P Preliminary Plat, Woods of
Baldwin Lake, Clyde Rehbein
B. PUBLIC HEARING: 92 -52 -CUP, Rehbein Transit, 6298
Hodgson Road, Conditional Use Permit to Stock Pile
Dirt
PUBLIC HEARING: 92-53-ACUP, NSP, Old Birch Street by
Radio Tower, Ame.Ideci Conditional Use'Permic to Allow
16 x 16 Building
D. 92-54-P, Glen Rehbein, Minor Subdivision, 7317 & 7319
Lake Drive
E. PUBLIC HEARING: ORDINANCE NO.
AN AMENDMENT TO VARIOUS SECTIONS OF THE CITY CODE
PERTAINING TO THE DEFINITION AND REGULATION OF PRIVATE
STREETS
F. PUBLIC HEARING: ORDINANCE NO.
AN AMENDMENT TO SECTION 1001.09 OF THE CITY CODE
PERTAINING TO PLAT STAGING
IV. DISCUSSION ITEMS:
A. Handicapped Parking - update
V. ADJOURNMENT:
Planning & Zoning Board
December 9, 1992
CITY OF LINO LAKES
PLANNING & ZONING BOARD MINUTES
................................................................
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ESENT Golbmann, Landers:
Robinson, Schaps;>
alone
City Engineer Schneider, Planning
Consultant Brixius, Planning Coordinator
Wyland
I. CALL TO ORDER AND ROLL CALL:
II. APPROVAL OF MINUTES:
Al Robinson moved approval of the minutes of the November
14, 1992 meeting as submitted and was supported by John
Landers. All voted aye. Motion carried.
III. OPEN MIRE: No one was present to speak at Open Mike.
IV. ACTION ITEMS:
A. 92-50 & 92-51 CUP, Adams Outdoor Advertising, Public
Hearing, I-35E/Co. Rd. 14, and I-35W/Lake Drive
Planning Consultant Brixius reviewed the staff report
which explained that this is a request to construct two
advertising signs - one located at the north/east corner
of I -35E and Co. Rd. 14, and the other on the north side
of I35W just east of the Lino Industrial Park.
Mr. Brixius explained that although the signs can meet
all the requirements of the Sign Ordinance for a GB
Zoning District, a 1990 Land Use Study for the I -35W and
I -35E Interchange Areas recommend against the placement
of billboards within both study areas. Staff would
recommend denial of the application based on the
inconsistency of the request with the adopted Land Use
Study and other comments contained in the staff report.
Mr. John Bodger, representing Adams Outdoor Advertising,
was present and stated that all requirements of the Sign
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Planning & Zoning Board
December 9, 1992
Ordinance can be meet. He indicated that he has an
agreement with the property owners to remove the signs
within 90 days of development of either site. These
particular applications have been submitted three times
since 1988 - the previous two times the requests were
denied because of studies being conducted and/or possible
developments occurring in the vicinity. Adams would just
like to put the signs up until development occurs.
Mr. Tom Schutte, representing the owner of the 34 acre
parcel north of the I -35E site was present to voice
concern about the proposed request. He indicated that
the piece of property the sign will be located on is
approximately 1 3/4 acres in size and marginal in terms
of development possibility (mostly wetland) - therefore,
the potential is there that the sign will never be
removed because the property will never be developed. He
added that this sign location could affect development of
his larger parcel to the north.
Tom Mesich stated that if the I -35E property is not
developable, we do not want to locate a sign on this site
with no option for removal.
After some discussion Kathleen Nordine made a motion
denying Conditional Use Permit 92-50 and 92-51 based on
the recommendation in the Land Use Study for the
Interchange Areas/Comprehensive Plan and comments
outlined in the staff report and also the question as to
whether the I -35E site is, indeed, a buildable site.
Monica Slatten seconded the motion. All voted aye.
Motion carried to deny requests as submitted.
B. Shores of Marshan Lake, Relocation of Recreation Trail
Mary Kay Wyland explained that the developer is asking
the City to approve the relocation of the platted
recreation trail. The staff and Park Board have reviewed
the request and after much discussion developed three
options outlined in the staff report. The Park Board and
staff concurred on Option 1 which was to have the City
pursue a Corps of Engineers permit for the relocated
trail on the lake side - on the approximate "oxcart
trail" location closer to the lake than presently
platted, with the developer financing the costs and with
the City working with Braurer and Associates on obtaining
the permit. Option 2 as recommended by the Staff was to
have the trail remain as platted (this was Option 3 of
the Park Board) , and Option 3 as recommended by the Staff
was to relocated the trail just off the street row on
lots 8-12 with connections to a lake side trail between
Lots 12 & 13 and Lots 7 & 8 (this was Option 2 as
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Planning & Zoning Board
December 9, 1992
recommended by the Park Board).
Mr. Roger Kolstad was present representing the developer
and explained that the preliminary plat had shown the
trail 15-20' from the actual lake shore. He explained
that between preliminary and final approval the 1991
Wetlands Law was enacted prohibiting any trails in a
wetland area that adjoins a lake. In June of 1992 the
Developer was told no permits would be needed for the
trail, however, they did not get this information in
written form. Consequently, after adoption of the 1991
Law a permit was required so the developer had no
alternative at final plat time but to move the trail out
of the wetland with the intention of returning at a later
date and renegotiating the location.
Chairman Schaps asked "so you intended to later re-
negotiate the final plat when you originally submitted
it?" Mr. Kolstad replied "yes". He further stated that
the roadway could not be altered as the sewer and water
were already installed. Chairman Schaps asked if this
re -negotiation was done with the full knowledge of the
City or just the developer? Mr. Kolstad stated that the
developer had met on the site with Marty Asleson and
someone from the Corps of Engineers and they knew how
close the trail would be to the house pads.
Mr. Kolstad explained that the lakeshore lots had been
sold, but when the trail was relocated several buyers
backed out of their sales. Chairman Schaps asked if
these buyers were buying before the plat was approved.
Mr. Kolstad explained that the normal practice is to sell
prior to final plat - when the trail was moved, the
buyers were notified. Now they would like to move the
trail back at least 50' from the presently platted
location. If this is not possible - then they would like
to place a trail along the roadway between lots 14 and 8.
Mr. Mesich asked if this would be proposed as a sidewalk
and Mr. Kolstad stated it could be either concrete or
asphalt. Mr. Robinson asked if they knew there would be
problems when the plat was approved and Mr. Kolstad
stated yes they did - however, they needed to get the
plat recorded so they went ahead. Mr. Robinson indicated
that the only problem he has with this proposal is that
the Council was not advised of the problems at the time
of final plat review - Mr. Kolstad admitted that if they
had discussed the problem then,- the plat would not have
been approved. He further indicated that they have
agreed with staff to try to get a permit allowing the
trail to be moved to the ease - if that does not work
then they would like to go along the street right of way.
3
Planning & Zoning Board
December 9, 1992
Chairman Schaps asked if all buyers are aware of the
problem. Mr. Kolstad said yes they were - in fact, some
of them attended the last Park Board meeting.
City Engineer Schneider explained that the house on Lot
11 is approximately 40' from the platted trail. He
further indicated that the preferred option would be to
move the trail back at least 50' from the home. However,
staff does not have the time or the expertise to pursue
the permit application from the Corps and is therefore
recommending that Braurer and Associates take care of it.
The staff's second option would be to have the trail
remain as platted. Mr. Mesich added that he is concerned
about a final plat being approved with some kind of
contingency that was not talked about. It should have
been discussed at the time. Chairman Schaps stated that
this is after the fact - if we agree with moving the
trail it is a given that we use Braurer and Assoc.
Mr. Kolstad added that if the trail is left as platted,
larger row of trees will have to be removed.
Mr. Mesich then made a motion to accept Option 3 which is
to allow the trail to remain as platted. This motion
died for lack of a second. Kathleen Nordine then stated
that the City should not work with developers who work in
this manner, however, we need to look at what is best for
the City and also for the future residents of this area.
She made it clear to the developer that the City does not
work this way. Ms. Nordine then made a motion
recommending Option 1 as stated in the staff report using
the expertise of Braurer and Associates to pursue the
permit with a fall back to Option 3 - trail to remain as
platted. Mr. Gelbman seconded the motion. Mr. Mesich
stated he would like to see a $3,700 bond in place for
the trail permit. This was added to the motion. All
voted aye. Motion carried.
IV. DISCUSSION ITEMS:
A. CONCEPT REVIEW - Laborer's Education & Training Center
Mr. Fred Chase was present to discuss a proposed training
facility on 20 acres of property just south of Co. Rd. 14
and west of 24th Avenue. The building will be a
vocational type facility with the major activity
occurring during the winter months. The site will
contain a building housing classrooms, office space, and
shop/laboratory space. Mr. Runyan, architect for the
proposed development, indicated that utilities are not
currently available to serve the site, however, they
4
Planning & Zoning Board
December 9, 1992
would be willing to agree to connect when they do become
available. He also explained that there is an existing
home on the site. This is the residence of the 83 year
old property owner who would probably not be willing to
relocate at this time. The developer would be agreeable
to subdividing a portion of the site to allow the house
to remain, or developing an agreement that the house
would remain until the residence is no longer needed by
the occupant.
Chairman Schaps indicated that this seemed like an
interesting project for the City and was supported in
this opinion by Monika Slatten. City Engineer Schneider
added that when utilities do become available to the area
it would be beneficial to have a major property owner
willing to participate in the extension of those
utilities. Mr. Robinson asked what type of equipment
would be used on the site. Mr. Chase explained that most
equipment would be kept inside and would consists of
backhoes, loaders, cranes - standard construction type
equipment.
Tom Mesich asked if the use fell within the requirements
of the LI Zoning District. Mr. Brixius explained that
the general activities outlined by the developer would be
compatible with the existing zoning district. In summary
Chairman Schaps expressed a favorable interest in the
project.
B. Amendment to Section 100.09 of the City Code
Pertaining to Plat Staging
Mr. Brixius reviewed some changes to this proposed
ordinance amendment and after some discussion the P & Z
recommended holding a public hearing at the next meeting
to consider adoption of this amendment.
Mr. Bob Adamson, local developer, was present and asked
how this proposal may affect a plat he is currently
working on. This particular plat has received
preliminary approval with an special consideration giving
18 months for final platting. Mr. Brixius explained that
this amendment would have no affect on his plat and was
actually designed to address future, not existing, plats.
C. Amendment to the City Code pertaining to the
Definition and Regulation of Private Streets
Mr. Brixius reviewed some changes to this proposed
ordinance amendment and after some discussion the P & Z
recommended holding a public hearing at the January
5
Planning & Zoning Board
December 9, 1992
meeting to consider adoption of this amendment.
D. Handicapped Parking Spaces
Mr. Brixius distributed the latest State handicapped
parking standard as requested by John Landers. Mr.
Landers asked if there was some type of time frame for
compliance and indicated that both the new fire barn on
Lake Drive and the City Hall did not meet the current
law. Mr. Brixius indicated that he would research the
matter further.
E. Expiration of Terms on P & Z
Monika Slatten stated that her term expires the end of
December and that she will not be seeking reappointment.
She has enjoyed her time on the Board but due to time
constraints can not reapply. Al Robinson indicated that
his term also expires the end of December, however, he
would be interested in reappointment.
V. ADJOURNMENT
Upon the unanimous consent of the Board the meeting was
adjourned at 8:20 P.M.
6
IL A
PLANNING REPORT
TO: Lino Lakes Planning Commission
FROM: Regina Cass/Alan Brixius
DATE: 6 January 1993
RE: Lino Lakes Woods o Baldwin Lake Revised
Preliminary Plat
FILE NO: 194.01 - 92.42
EXECUTIVE SUMMARY
BACKGROUND
C.R. Investments (applicant) has submitted a revised preliminary
plat for Woods of Baldwin_ Lake, a single-family subdivision 1 cated
along proposed white Pine Road and Oakwood Lane. The sit lies
directly south of the Rice Creek North Country Regional Trail Park.
The revised preliminary plat is comprised of 16 lots on 10.16 acres
and differs from the original preliminary plat in that the proposed
park has been replaced with three single family Lots.
Attached for reference:
Exhibit A Site Location
Exhibit B - Revised Preliminary Plat
RECOMMENDATION
Based on the following review, our office recommends approval of
the Woods of Baldwin Lake revised preliminary plat subject to the
following conditions;
1. Shift White Pine Road to the west 10 feet to allow the corner
of Lots 3 and 7 of Block 2 to meet the minimum width of 115
feet.
5775 Wayzata Blvd.. Suite 555 • St, Louis Park, 55416 (612) 595 -9636 -Fax. 595-9$37
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i� 2 depth 2 The corner Lot 7 of Block does not meet the minimum of
135 feet and Lot 6 of Block 2 does not meet the minimum lot
area of 12,825 square feet. The plan should be revised to
meet these minimums,
3. Utility easements at least 10 feet wide be provided, centered
along the property lines. Grading, drainage and utility plans
are subject to review and approval, by the City Engineer.
'. The applicant to meet park and trail dedication requirements
as recommended by the Park Advisory Committee and approved by
the City Council.
5. The applicant enter into a development agreement with the
City.
6. Comments from City Staff.
ISSUES ANALYSIS
Zoning, The site of the Woods of Baldwin Lake is zoned R -1X,
Single Family Executive Residential.
L.91s arzdaxd Requre�?.
Areal Lot 6 of Block 2 is short of the minimum lot size of
12,825 square feet by 315 square feet. The revised
preliminary plat indicates lots ranging in size from 12,510
square feet to 93,200 square feet with an average lot size of
24,828 square feet.
Widths Corner Lots 3 and 7 of Block 2 do not meet the minimum
115 foot required lot width. All, interior lots meet the
required 90 foot width required by the City Ordinance.
Depth: The corner Lot 7 of Block 2 is short of the minimum
lot depth requirement by several feet. All proposed interior
lots meet the required lot depth.
It is noted that property lines can be adjusted to provide adequate
width and depth by moving White Pine Circle 10 feet to the west.
S$thacks, All lots are in compliance with minimum setbacks
outlined in the City Ordinance.
Streets, The revised preliminary plat indicates White Pine Road is
a through street and the vacation of White Pine Road, shown on the
preliminary plat previously submitted, is no longer being
requested. With the extension of White Pine Road to the west, the
proposed White Pine Circle cul-de-sac has been shortened in length
and complies with the 500 foot maximum length and 60 foot right-of-
way required by City Ordinance,
Grading and Drainag,
Drainage Easements: The proposed drainage easement located on
Lot 1, Block 1 to be revised for size and configuration and
subject to comment by the City Engineer. There is an
additional wetland located in Lot 1 of Block 1 which may
require an easement after review by the City Engineer.
Utility Easementsi The revised preliminary plat does not show
10 foot wide easements centered along the property lines and
must be revised to meet this requirement.
Grading and drainage plans have been submitted to the City Engineer
for review and must be approved as a condition of revised
preliminary plat approval.
parks and Trail Dedication. The difference between the preliminary
plat previously submitted and the revised preliminary plat is the
elimination of the park area on the west end. Since the City
wishes to establish a connection to the regional park to the north
and the revised preliminary plat submitted to the Park Advisory
Committee and must be approved as a condition of revised
preliminary plat approval. It is noted that since the readjustment
of lot linea is necessary to meet minimum standards, there is
potential for creation of an access or trail easement through the
proposed subdivision to the plats to the south.
pevelopment Agreements As a condition of revised preliminary plat
approval, the developer should post necessary securities and enter
into a development agreement with the City.
CONCLUSION
Based on the preceding review, our office recommends approval of
the Woods of Baldwin Lake revised preliminary plat subject to the
conditions listed in the Executive Summary of this report.
pc: Clyde Rehbein
MEMORANDUM
TO: Planning & Zoning Board
FROM: Darrell F. Schneider, City Engineer
DATE: January 8, 1993
SUBJECT: Preliminary Plat Review - Woods of Baldwin Lake
IDENTIFICATION OF DRAWINGS
The basic drawing submitted does not meet many standards of
practice and the Lino Lakes City Ordinance including the following:
a. There is no Title "Preliminary Plat"
b. There is not Title Block (it has been blanked out) clearly
showing the surveyor preparing the proposed plat. Although
signed and dated by an RLS there is no provision for showing
the designer or revision dates for the drawing.
c. Location by Section and Range although that can be figure
out by a knowledgeable person interpreting the small map.
d. Existing conditions are not consistently shown, for
example, some houses on adjacent lots within 100 feet are
shown - others are not.
e. Design Features of proposed plat are not consistently
shown, for example, street grades and cross sections are not
shown.
DRAINAGE POND CONSIDERATIONS
Park Dedication of Lot 1, Block 1 to satisfy park requirements will
simplify concerns for the extent of ponding in this portion of the
plat. Ponding calculations for this pond and the other pond in the
western portion of the plan can be completed during the work on the
final plat.
RECOMMENDATION
The drawings can be brought to standard during the final platting
procedure. The plat fits into an area already served by utilities
in a manner that efficiently uses these utilities and will allow
the City to recover the investments made in this system in 1989.
Approval of this Preliminary Plat is recommend with the
modifications noted.
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AGENDA ITEM
STAFF ORIGINATOR Mary Kay Wyland
DATE January; 7, 1993
TOPIC
BACKGROUND
92-52, Rehbein Transit, 6298 Hodgson Road
Conditional Use Permit to Stock Pile Dirt
This case involves a request by Rehbein Transit to stock pile dirt
on their property located at 6298 Hodgson Road. According to the
City Zoning Code, Section 4, Subd. 33, Land Reclamation and Land
Grading," ... shall be permitted by conditional use permit in all
districts. Depositing a total of more than fifty (50) cubic yards
of material per acre, either by hauling in or regrading the area,
shall constitute land reclamation...". The property in question is
approximately 14 acres in size and zoned GB, General Business (the
north 450 feet) , and ' R-1, Residential (the south 211 feet) .
According to the property owner there is approximately 18, 000 yards
of fill on the property. His intention would be to stock pile the
dirt and eventually sell it. The dirt was obtained from the Co.
Rd. J. reconstruction project and is located on the rear of the
Rehbein property, approximately 400' from the front proper line.
To the rear of the dirt stock pile is a large stand of matu a trees
blocking the material from the view of any adjoining property
owners to the rear. The resale of this material is anticipated to
take approximately three years time.
FINDINGS OF FACT:
A. The proposed use does not appear to be a detriment to the
public health, safety, comfort, convenience or general welfare of
the neighborhood or the city provided certain precautions are
maintained. This would include planting of the stock pile with rye
grass or a similar material to reduce any disbursement of the
material by wind or erosion and standard safety precautions in the
distribution and hauling of the material.
B. In, reference to the Comprehensive Plan, this site is
identified as Urban Residential and located on Hodgson Road. The
site is known as the Rehbein Bus Garage and is used for commercial
purposes and storage of school buses. The Zoning is appropriate
for the existing use although in conflict with the Comprehensive
Plan.
C. The general character of this section of the City is mixed.
The Baldwin Lake trailer park is to the west with R-1 Residential
zoning to the north, south, and east. Various home occupations dot
the residential neighborhood up and down Hodgson Road in this
vicinity. Since this proposed use is temporary, we do not feel the
essential character of the area will be affected by the request.
D/E. No utilities are necessary to serve this use and a
detriment to the economic welfare of the community should not be
realized because of the use.
F. There will be an increase in traffic and noise at this site
due to the proposed use, however, the existing use already involves
vehicles coming and going - the general character of the use should
not change.
G. Vehicular approaches to the property currently provide no
site/distance problems. Hodgson Road is classified as state
highway and is heavily traveled. Permits may be required from
MnDot as this use will put additional strain on the existing
roadway.
H. N/A
I. This intended use should conform to all applicable
requirements of the Zoning Ordinance.
Staff has reviewed this request and would recommend the following:
1. Approve request with the following conditions:
a. A grading plan shall be submitted indicating how the
applicant intends to maintain stable slopes that will not
erode from wind and water. This plan shall also show
plantings with rye grass or similar material to protect
surface. A final planting plan shall be included that
shows how the site will be restored when stock piles are
depleted.
b. The fill shall be allowed to remain on site until
January of 1997 at which time permit shall become null
and void unless an extension of time has be requested by
the applicant.
c. Other erosions controls may be imposed if upon spring
inspection of the site a determination is made that they
are necessary.
d. Proper permits be received, if required, from MnDOT.
OPTIONS
1. Approve conditional use permit with conditions outlined above.
2. Deny request and call for the removal of all stock piled dirt.
RECOMMENDATION
Option 1
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DEC. 1985
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MAY 1988
AUG. 1989
FEB. 1991
FEB. 1992
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SHADED AREA DENOTES
PARK LOCATION
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AGENDA ITEM C
STAFF ORIGINATOR Mary Kay Wyland
DATE January 8, 1993
TOPIC 92-53-ACUP, NSP, Old Birch Street by Radio
Tower(s) , Request to construct 16 x 16 building
BACKGROUND
This case involves a request by NSP to build a 16 x 16 radio
communication building and install an outside generator with a 1000
gallon LP Tank near the existing 500' radio tower off Birch Street.
The site will be entirely enclosed by a 6' chain link fence with
gravel grounds.
The property in question is Zoned R-1 Residential and this
particular use is not specifically allowed according to the Zoning
Code. However, a Conditional Use Permit was granted on this site
in 1973 for the 500' radio tower and control building that
currently exist. This request is an amendment to that permit.
FINDINGS OF FACT:
A. The proposed use should not endanger or be detrimental to the
public.
B. The City's Land Use Plan indicates this property as Rural in
character although the current Zoning Ordinance designates the site
as R-1 Residential. A Conditional Use Permit was approved in 1973
to allow the 500' radio tower and adjoining structures that now
exist on the site. Further, a better portion of the site is low
and wet making residential development unlikely at this time.
C. The essential character of the site will not change with the
addition of this 16 x 16 building. Heavy vegetation screens the
site from Birch Street and the adjoining residential neighborhood
to the west. The applicant is proposing a steel sheet type siding
which should be addressed by the Planning & Zoning Board. There
is no provision for steel siding in the residential zoning
district. Steel siding is permitted in a commercial, industrial,
or public/semi public district by Conditional Use Permit Only.
D/E. Utilities are not required to service this proposed
construction.
F. Excessive noise, traffic, etc., should not pose a problem with
this use due to the distance from adjoining properties.
G. No traffic congestion is expected.
H. The existing natural character of the land will not be disturbed
by this use.
OPTIONS
1. Approve Amended Conditional Use Permit with following
conditions:
A. Proper building permits be obtained prior to any
construction
B. Exterior siding be as approved by Planning & Zoning Board
and City Council.
C. Conditions and/or restrictions of original permit issued in
1973 shall be adherred to in addition to those outlined above.
D. 6' Cyclone Fence be installed around entire perimeter of
site.
2. Deny Amended Conditional Use Permit
RECOMMENDATION
Option 1
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SEC. 28
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Instrument Enclosure
ORIGINATOR
DATE
TOPIC
BACKGROUND
AGENDA ITEMJr- 0.
Mary Kay Nyland
January 6, 1993
92-54-S, Glenn Rehbein, 7317 & 7319 Lake Drive
Subdivision
Mr. Glenn Rehbein is requesting permission to split off a one acre
lot from a larger 5.81 acre parcel. The property in question is
Zoned LI, Light Industrial and located on the west side of Lake
Drive, just north of the Rehbein Excavating Company. Minimum lot
size in the Light Industrial Zoning District is one acre.
The applicant has submitted a certificate of survey which indicates
a proposed 30' road easement on the northerly edge of the newly
created 1 acre lot. In reviewing this proposed subdivision, we
would comment that should this 30' roadway easement be granted, the
overall lot area would become less than 1 acre in size and thereby
not meet the requirements of the zoning district. Further, the lot
frontage would be reduced by 30' and not meet the to width
requirement of 150' unless the orientation of the lot is co sidered
to face the roadway easement. Should the applicant insist on this
30' roadway easement we would recommend that the lot d pth be
increased so the lot, less the 30' road easement, maintai s a lot
area of at least one acre in size.
Staff has conferred with the Mn Dept. of Transporation in regard to
additional right of way acquisition for Lake Drive and should have
a report prior to the P Sr Z meeting.
Utilities are not currently available to serve this site. As a
condition of approval we would recommend that the property owner,
and any subsequent owners, be required to sign a petition waiving
their right to object to the extension of utilities when and if
they become available.
In summary we would recommend approval of this simple subdivision
request with the following conditions:
1. Parcel A contain a minimum of 1
lot frontage on Lake Drive
4ateement
2. Additional right of way as required by MnDot be dedicated
prior to recording of the subdivision. If additional right of
way is required, the City would require a copy of the revised
survey document.
3. Property owner(s) and any subsequent property owners sign
a petition waiving their right to petition against the
extension of utilities to serve these properties.
OPTIONS
1. Approval with conditions listed above.
2. Denial
RECOMMENDATION
Option 1
FOR c.,L(f' C IN
IwCALOY[(MIFF THAT 7MIS SURVEY, KAN, OIIREPORT WAS NICMMCO
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KURTH SURVEYING INC.
4002 JEFFERSON STREET N.E.
COLUMBIA HEIGHTS MINNESOTA 55421
912-T99"9199
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The North 300 feet of Lot 2 AUDITORS SUBDIVISION NO, 54,
Anoka County, Minnesota; and that part of the SW 1/4 of
the SW 1/4 of Section 17, Town 31 N, Range 22 West, lying
South of the extended North line of said Lot.2, North of
the extended South line'of the North 300 feet of said Lot 2
and Northwesterly of the Westerly right-of-way line of
Trunk Highway No. 8, formerly St. Paul and Superior State
Road and that part of said Lot 2 and said SW 1/4 of the
Si'1/4 lying Northeasterly of the following describedlllne:
Beginning at the most Southeasterly corner of the above -.-
described tract: thence Southwesterly on the extended
Sovtfieasterly line 127.34 feet: thence Northwesterly at a
right angle 272.63 feet to the South line of the Horth 300
feet of said Lot 2 and there terminating.
5UO3EGT TO TRLNIK NI(,awoy No.8 AND EJRTI4 AvENUE.
X40
„3
ACRE
GEORGE
RESNANAU
CITY OF LINO LAKES
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO.
AN AMENDMENT TO VARIOUS SECTIONS OF THE CITY CODE PERTAINING TO THE
DEFINITION AND REGULATION OF PRIVATE STREETS.
The City Council of the City of Lino Lakes ordains:
Section 1. Section 302.02, Subd. 4 is hereby added to read as
follows:
Subd. 4 (1). Street, Private. A right-of-way for vehicular
traffic which affords vehicular access to one (1) or more
parcels of land which is not dedicated to the public and is
owned by one or more private parties.
Subd. 4 (2). Street, Public. A right-of-way for vehicular
traffic whether designated as a highway, thoroughfare,
arterial, parkway, collector, throughway, road, avenue,
boulevard, lane, place, drive, court, or otherwise designated
which has been or is proposed to be dedicated or deeded to the
public for public use and which affords principal means of
access to abutting property.
Section 2. Section 302.03 (10) of the City Code pertaining to
private streets is hereby amended to read as follows:
(10) Private Streets. Private streets shall be prohibited and
no public improvements shall be approved for any private
street except as provided for below:
(A) Exceptions.
(i) Planned Development Overlay (PDO) Applications
upon a single parcel of land and under single
property ownership, not including home owner
associations.
(B) Design Standards.
(i) Private streets will be exempt from right-of-
way widths. Minimum pavement widths as
measured from back of curb to back of curb
shall be 28 feet for private streets. Greater
street widths may required for commercial,
industrial or site generating high traffic
volumes. The street width will be determined
by the City Engineer.
(ii) On -street parking will be prohibited on
private streets having a width of less than 32
feet.
(iii)Private streets shall be constructed to design
standards of Section 302.03.
(C) Right -of -Entry. In approving a private street(s),
the City is given license to enter the subject
property for reasons of code enforcement, public
safety, maintenance, etc.
(D) Maintenance. Maintenance and upkeep of private
streets shall be the responsibility of the property
owner. In the event maintenance and upkeep does
not occur in a timely fashion, the City reserves
the right to enter the property, perform necessary
maintenance, and assess the subject property for
the cost of the work conducted.
(E) Setbacks
(i) All buildings shall be setback from private
streets not less than twenty (20) feet.
(ii) Garages receiving direct access from a private
street must have a twenty-four (24) foot
driveway setback from the private street.
(F) Resubdivision. If any person applies to subdivide
or replat any land or parcels adjoining an existing
private street, the private street shall be
required to be dedicated for public use and
scheduled for improvement to public street
standards at the time of final plat.
Section 3. This Ordinance shall take effect upon its passage
and publication according to the City Charter.
Passed by the Council of the City of Lino Lakes this day
of 1992.
Vernon F. Reinert, Mayor
ATTEST:
CITY OF LINO LAKES
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO.
AN AMENDMENT TO SECTION 1001.09 OF THE CITY CODE PERTAINING TO PLAT
STAGING.
The City Council of the City of Lino Lakes ordains:
Section 1. Section 1001.09 of the City Code is hereby amended
to read as follows:
1001.09 Plat Staging.
Subd. 1. Preliminary Plat Approval. Approval of a
preliminary plat shall be null and void unless
within ninety (90) days after receiving the last
required approval of the preliminary plat, there
shall be submitted to the clerk -treasurer a final
plat or plats in accordance with the conditions
upon which such approval was granted by the
Council.
Subd. 2. Preliminary Plats. All preliminary plats must be
final platted into lots and blocks in accordance to
an approved phasing plan, or within two (2) years
of preliminary plat approval.
In the event of changes to City, County, State, and
Federal development regulations, a preliminary plat
will be considered null and void if not final
platted within the aforementioned schedule or five
(5) years, whichever is less.
Section 2. This Ordinance shall take effect upon its passage
and publication according to the City Charter.
Passed by the Council of the City of Lino Lakes this day
of 1992.
Vernon F. Reinert, Mayor
ATTEST: