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HomeMy WebLinkAbout04/18/1979 P&Z MinutesTne regular meeting of the Lino Lakes Planning and Zoning Board was called to order at 8:12 P.M., Wednesday, April 18, 1979 by Chairman Gourley. Members present: Gourley, Shearen, Reinert, Scnwankl. Members absent: Mattson, Johnson, Heath. Mr. McLean, Council liason was also present. Mr. Shearen moved to approve the minutes of the March 21, 1979 meeting. Mrs. Schwankl seconded the motion. Motion carried. The minutes of the April 4, 1979 meeting were table. Mr. Reinert asked that when minutes are prepared from recordings the transcriber should identify herself. Mr. McLean had no report. The first item on the agenda was WCCO radio. There was no one present and the request for an extension of their Special Use Permit was set aside. Roger Kolstad - Lino Air Park Hangars Mr. Kolstad said that at the time the above plat was approved it was assumed there would be hangars but there were no formal provisions for large hangars. Since the present City ordinance could restrict the size of hangars, Mr. Kolstad suggested that the Planning and Zoning Board coosider granting variances for hangars to 32,000 square feet. This area would be large enough to contain three airplanes. He felt that since each lot was approx- imately Iz acres the lots could easily accommodate these hangars. Mr. McLean said this board has never dealt with hangars before and suggested it could be an item to be included in the Comprehensive Plan.as an amendment to our ordinances. Mr. Reinert said he felt if this Board were to make some recommendation to the Council they would need something more firm to base their recommendation on. Mr, Kolstad was asked i' he felt it were typical for a person to own three planes? Mr. Kolstad said that would be the extreme, two is more typical. Mr. Kolstad asked if it were possible to consider his second request, variances to con- struct hangars before principal buildings. Mr. McLean expt.tined this would require a variance on each request. Mr. Gourley said he would like to check the records on the original plat. He told Mr. Kolstad that this situation will be reconciled when this Board deals with the Comprehen- sive Plan and this should be completed in 60 to 90 days. James Plemmons - Two variances Mr. Plemmons applied for two variances for two lots that will be less than the required 12 acres in size. The first lot is described as : The south 238.00 feet of the east 186.00 feet of the west 640.00 feet of the Southwest Quarter of the Southwest Quarter of Section 31, Township 31, Range 22, Anoka County, Minnesota. Subject to County Road J and easements of record, if any. Mr. Plemmons noted that this lot is less than the required one acre of free area. Mr. Gourley told Mr. Plemmons he could add some area from the lot he already owns and resubmit Page -Z- it for the variance. The second variance is for a lot described as follows: April 18, 1979 The south 150.00 feet of the north 450.00 feet of the south 688.00 feet of the east 300.00 feet of the west 640.00 -feet of the Southwest Quarter of the Southwest Quarter of Section 31, Township 31, Range 22, Anoka County, Minnesota. Subject to easements of record, if any. Mr. Reinert moved to recommend to Council this variance be approved. Mr. Shearen seconded the motion. Motion declared passed. In regard to this first variance request for the lot that was less than the required one acre of free area, Mr. Shearen moved to recommend this variance be denied and asked that it be resubmitted when the Certificate of Survey can be prepared indicating the one acre of area fee of easements. Mrs. Schwankl seconded the motion. Motion declared passed. WCCO - Special Use Permit, William Doar Mr. Doar explained that the reason he is appearing tonight is to request an extension of the Special Use Permit to construct a radio antenna. Mr. Doar gave a brief history of their atenna now located in Coon Rapids and the problems of requiring a different type of tower for their present operations. At the time WCCO started looking for land to house the new antenna, it was suggested to them to purchase 160 acres north of what is called the tela -farms in Lino Lakes. The land was purchased in 1971 and the Special Use Permit was granted, extending to July, 1975. When the Ham Lake airport controversy started WCCO had second thoughts about their Lino Lakes property and decided to look west of the Twin Cities for an antenna site. Land was purchased in Hamel but problems occurred with neighboring land owners. WCCO has now decided to go ahead with the Lino Lakes site and the hold here has been the approval from F.A.A. and F. C. C. Mr. Doar described the type, of tower to be built is the Franklin type approximate 1200' high with a building at the base and completely fenced. Mr. McLean asked what time length WCCO was requesting for a Special Use Permit. Mr. Doar said two years. Mr. Gourley felt at this point a Special Use Permit was not necessary. He told Mr. Doar this subject will be considered when the Board updates the City Comprehensive Plan and if there are any problems the Board will keep him informed. El Rehbein & Son - Variance, long driveway Mr. Joyer representing El Rehbein & Son requested a variance for a long driveway on lot #6 in Equity Estates. Mr. Gourley noted the reason for.this variance is to personally inform the home owner that he is totally responsible for the maintenance of this driveway and asked Mr. Joyer if the prospective homeowner could be at the April 23, 1979 Council meeting. Mr. Joyer said he would arrange this. Mr. Shearen moved to recommend to Council that this variance for a long driveway of over 400' be granted and that the future owner be told personally at the April 23, 1979 Council . Page -3- April 18, 1979 meeting of his responsibilities. Mrs. Schwankl seconded the motion. Motion declared passed. Plat - Swenson Addition - Delano Swenson The Clerk read the City Engineers and City Plamners letters regarding the above plat. Mrs. Schwankl moved to recommend to Council this plat adated August 22, 1979 be approved and a public hear date set. Mr. Shearen seconded the motion. Motion carried. Mr. Gourley asked the Clerk to send a note to Mr. Gotwald stating this subdivision was just reviewed by the RCWD as a part of Equity Estates. Plat - W & G Rehbein - Peltier View There was no one present to represent this plat and it was tabled. Special Use Permit - Art Nagy Mr. Art Nagy has requested a Special Use Permit to repair bicycles at his brothers residence at 6865 Sunrise Avenue. Mr. McLean asked Mr. Nagy if he planned to post a sign. Mr. Nagy said yes, a small sign. Mr. Gourley asked if he will be repairing motorized bicycles and Mr. Nagy said, no, just pedal bicycles. Mr. Shearen moved to recommend to Council that this Special Use Permit be granted to operate a bicycle repair shop to not include any motorized bicycles and to allow a sign no larger than 2' x 2' and with the stipulation that no bicycle parts will be stored outside of the building. Mr. Reinert seconded the motion. Motion declared passed. Variances - Glenn Rehbe.in Mr. Rehbein applied for two variances, one to build houses smaller than the sixe required by the City ordinance and the second variance to build on lots smaller than required by the City ordinance. The Clerk read the legal opinions received from Mr. Locher dated April 10, 1979 and April 12, 1979. Mr. Reinert said the problem with these variances could be the spot zoning issue, non- conforming use and the City's inability to enforce covenants on private property. Mr. Rehbein said he had been at Council on April 9, 1979 and Attorney Locher said he could apply for these variances and the Planning and Zoning Board would pass them on to Council. Mr. Shearen asked what would be the worst thing that comld happen if these variances were granted? Some other builder could also request these variances? We are looking at chang- ing the ordinances to reflect smaller houses and lot sizes anyway. The board is simply giving Mr. Rehbein a variance to an ordinance that likely will be changed anyway. Mr. McLean said the problem is a variance is an ordinance change, why not change the ordinance first? Mr. Shearen said It appears this Board is chasing Mr. Rehbein around and some decision should be made. Mr. Reinert said he still did not feel comfortable because of the legal problems that could come from this action. Page -4- April 18, 1979 Mr. Gourley asked Mr. McLean to read the Council minutes from April 9, 1979 regarding Mr. Rehbein. Mr. Gourley said it appears to him that Mr. Locher is saying the variance could be approved and then followed very closely. Mr. Reinert referred to a recent article in the St. Paul Pioneer Press regarding smaller houses and lot sizes. Mr. Rehbein intorduced Mike Huberty and explained Mr. Huberty will be working with him. Mr. Huberty gave the Board some information regarding the types of housing being built in the Twin City area. He also noted other builders are now going to penalized or pre- built buildings. Mr. Rehbein showed pictures of several houses in the City and pointed out just because houses are big they are not necessarily beautiful. Mr. Shearen noted that he knows of surrounding communities who have the smaller requirements but sees very few requests for building, the smaller house. Mr. Rehbein said he planned to have variety in buildings in his project, some will be minimum size but most will be larger. Mr. Gourley told the Board that some builders in the area who are building quads and duplexes and selling them before they are constructed. There is the demand for this type of housing. Mr. McLean suggested these variances may not be necessary if the Planning and Zoning Board change the ordinance. This could be done within the next 60 to 90 days. Mr. Rehbein said he has already been to several meetings and time is money for him and hoped the Board would act one way or another tonight. Mrs. Schwankl moved to recommend that Council grant Mr. Rehbein a variance to lot size down to 10,000 square feet which is smaller than required by our present ordinance sub- ject to the opinion of the City Attorney, the reason being that there has been a general feeling at previous meetings that there will be an ordinance change reducing lot size when updating the Comprehensive Plan. Mr. Shearen seconded the motion. Mr. Reinert said he still was not sure and not comfortable with this variance request. Mr. McLean said the Board could recommend an ordinance change. Mr. Gourley called for the vote. The vote was one nay and two aye. Mr. Reinert voted no, Mrs. Schwankl and Mr. Shearen voted, yes. Motion carried. Mrs. Schwankl moved to recommend that Council approve a variance requested by Mr. Rehbein to reduce house sizes to 864 square feet subject to the City Attornies opinion and that the total of the project of 96 lots be 15% 864 sq. ft, 60% 960 sq. ft. and 25% 1,000 sq. ft. or larger and the reason being that there has been a general feeling at previous meetings that there will be an ordinance change reducing house sizes when up- dating the Cities Comprehensive Plan. Mr. Shearen seconded the motion. The vote was Mr. Reinert, no, Mrs. Sxhwankl and Mr. Shearen, yea. Motion carried Mr. Rehbein said he had heard that Little Canada has an ordinance that says houses cannot be built in a commercial district. It seems that they have not been bothered with the discrimination problem. The Clerk said she would try to get a copy of Little Canadas ordinance. Mr. Reinert asked the Clerk to give him a copy of Mr. Lochers investigation on the questions raised in Shenandoah III. 'Page -5- April 18, 1979 Plat - W & G Rehbein - Peltier View The Clerk read the City Engineers and City Planners letters of recommendations. There was discussion regarding the cul-de-sac on the south end of.Gordon Street. Mr. McLean said this would have to be installed and later vacated if the street were extended. Mr. Reinert moved to recommend to Council this preliminary plat be approved and a public hearing set subject to the recommendations of the Planner and Engineer especially with reference to the cul - de - sac. Mr. Shearen seconded the motion. Motion carried. Variance - Jim Spetzman - long driveway Mr. Spetzman has requested a variance to build a long driveway of over 400' for his new home on Lake Drive. Mr. Shearen moved to recommend that Council approve this variance for a long driveway and the information regarding upkeep of the driveway be passed on to Mr. Spetzman. Mr. Reinert seconded the motion. Motion declared passed. Mr. Gourley asked the Clerk to send the information to Mr. Spetzman in a letter. Old Business A special meeting was set for Wednesday, May 2, 1979 at 8:00 P.M. Mr. Gourley asked the Clerk to send letters to the members informing them of the meeting. Mr. Shearen moved to adjourn at 11:00 P.M. Mrs. Schwankl seconded the motion. Aye.