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HomeMy WebLinkAbout03/17/1975 P&Z MinutesMARCH 17, 1975 The regular meeting of the Planning and Zoning Board was called to order at 8:05 P.M. by Chairman Karth. Members present: Ketling, Sheeran, Nadeau, and l'Altier. Members absent: Hill. Councilman McLean was present for Councilman Marier. Mr. Kelting moved to accept the minutes of the February 19, 1975 meeting as written. Motion was seconded by Mr. Nadeau. Motion carried. Before taking the items on the agenda, Mr. Mclean asked for discussion and opinions on the recommendations for the Council on the action taken by the Meto Council on March 6, 1975 concerning the Pines Vista Plat, formerly Whispering Pines. The Metro Council is asking for the following: "...1. Testing of existing welts to determine extend, if any, of contamination; 2. Testing of soil characteristics in the proposed area to determine long-term pollution problems; 3. A resolution from the City Council as to what action would be taken in the event that pollution in this area did occur."... Mr. said that he could see nothing extra -ordinary about point numbn r one, the City ordinance now states that testing must be done before any building permits can be issued. Point 2 requires a perc test to be completes!, this is also required by our existing ordinance. On Point three the Council would have to know the extent and type of pollution and the patter would be turned over to the County Health Department - as it is now. Mr. Keli1ng moved to recommend to the Council to do all that is wi'-hin reason to conform with the three requests. Mr. McLean said that the P & Z should separate the three points rather than one recommendation. Mr. Kel;in3 then stated that on point number 1 - testing is required by City ordinance before any building can take place. Point 2 - perc tests are required also by City Ordinance and on point number three - the city cannot guarantee that the area will never be polluted and that if it is the city will certainty comply with the requirements of the County 4elath Wfice :n correcting the problem as quickly as possible. E"-. ;.ening then withdrew his prior motion and a discussion on Pines Vista followed. T<<o 4;uostions was raised as to the location of the well or possibly wells on the Pines Vista plat. Mr. Kelting thought there was a well in that section. Mr. Karth said that on that particular 20 acres he did not believe there were any welts. After some discussion it was agreed that there was a well on the old Neff property but not at the location of the proposed Pines Vista. Mr. Kelting then moved to recommend to the council the following: MARCH 17, 1975 -2- 1. Welts wit! continue to be tested for contamination as stated in our Ordinance. 2. Parc tests will continue to be required to determine the type of wells and septic systems to be put in according to our existing Ordinance No. 53 : 'Both points one and two confrom to the State Plumbing Code adopted by the City in 1969. 3. The City will continue to Leave the matter of solving the pollution problems, If any, to the County Health inspector with the full co-operation of this City. Mr. Nadeau asked if Mr. Keiling would include. in his motion that the Council will continue to consult with our technical staff on ail matters. Mr. Keiiino agreed --o add this to his motion. Mr. Shearan seconded the motion. Maation carried. Tha next item for discussion was a Special Use Permit request from _ihor:as Slth, 874 Oak Lane. He wants to continue operating an auio body s.,o as he has since 1969 without a permit. Mr. Smith was concerned they +ir. -, had been complaints made against his operations. Mr. Karth :,old him i itint the letter was prompted by an ad that ran in one of the t& al papers. No-one had complained against him. The city or- dincnce s`'-ates that all business? outside of the commercial zone must have a s c s i a i use permit or be granted a re -zoning. Mr. Smit said that when the house and pole building were built in 1969 the building inspector va:., aware of what he was going to use the pole buildi^o ;or and that the building inspector never said anything to him about pial use permit being required. He said if they had to shut cowl; their ?art -time cperF,tions it would be a considerable hardship for his family. Mr. Smith assured the Board that he does not intend to go into this cosiness on a full time basis - he said that he only spends or 4 hog;'s a -4a/ c,r -Flo cars and that he never sets junk cars sit on his p rcpe i y .. :!e has thom towed away i mmed i ate l y . Prr,L .; l kad M,'. Smith if he did any painting in his business aid if so is thsrc proper ventilation for this operation? Mr. Smith said, yes, the large window at the rear of the building is ventsd with a fan '.or that purpose. MARCH 17, 1975 -3- Mr, McLean questioned Mr. Smith on parking facilities? Are they avail- able and for how many cars? Mr. Smith said that there was adequate space for the number of cars that they would have at one time and he showed the Board a picture of the pole building where he works on the cars that included the surrounding areas. The Board agreed that there was enough room for parking. Mr. Sheeran moved to recomend to the Council that a Special Use Permit be graeted.to:$r. Thomas_Smith.to_operate an auto body shop at 874 Oak Lane. The permit Ts to be renewed annually and If there are complaints the matter will be reviewed at the time of the complaints and if•there are complaints the matter will be reviewed at the time of the complaints and the permit can be revoked if it is the opinion of the Council to do so. Mr. Nadeau seconded the motion. Motion carried. Mr. Smith will appear before the Council for the final decision on March 24, 1975 at 9:00 P.M. Mr. Nadeau asked if it might not be wise to get an opinion from the City Attorney on the matter of special use permits - just how far can we --go with them - what is the legal status of such a permit? Mr. Keiling pointed out that a Special Use Permit is strictly a temporary permit and can be withdrawn at anytime if the situation were to warrant that action. The next item for discussion was a Special Use Permit request from Mr. Dennis Frick, who resides at 7025 Sunrise,` to operate a small appliance repair shop in his garage at that address. Mr. Frick presented his completed petition for this permit and said that there were possibly two signatures missing - he had been unable to Contac# the owners before this meeting. Mr. Karth asked Mr. Frick just what his business will consist of? Mr. Frick said that he intends to limit his business to small appliances only, i.e. fry pans, irons, toasters and things of that nature. He said that he did not want to get into washers and dryers at this time because he does not have the space to store them while the work is being done. Mr. Karth asked Mr. Frick where he intends to do this work and how big of a lot he has? Mr. Frick said that he will be doing the work in his garage until he is able to move into a larger building at another location and that his lot is one acre. Mr. Keliing advised Mr. Frick that if he is successful then he will eventu- ally have to go into washer and dryer repair and requested thatwhen he does to keep them covered. He cautioned Mr. Frick that it would only take one complaint to have his special use permit revoked. Mr. Frlrf said that MARCH 17, 1975 -4- he understood this and he will take the necessary precautions to keep the area cleaned up at all times so that it does not become an eyesore and a source of complaints. Mr. Keliing moved to recommend to the council to grant a Special Use Permit to Mr. Frick for the purpose of repairing small appliances at 7025 Sunrise, the permit will be reviewed on an annual basis. Mr. Shearan seconded the motion. Motion carried. Mr. Frick will come before the Council of March 24 1975 at 8:45 P.M. for the final decision on this permit request. The next item for discussion was an application for a Variance to Ordinance No. 21 A by Mr. Henry Miers of Hugo, MN 34r . -Mi-ors' is planning on buying 1'7f -aero. at 900 a rch --S+rt. -Mr,-444ers i s seeking the variance to extend his proposed driveway beyond the maximum length of 400 feet. Mr. Karth asked him about drainage in that area and Mr. Miers said that there is adequate drainage. A good portion is semi --swampy and drains to the North. There is also some sugar sand present. Mr. Karth asked if there was a ditch on the property. Mr. Miers said no but that he expected to have to put one in for the driveway he is planning to put in. Mr. McLean asked about the possibility of his selling any of the -land in the future. Mr. Miers said that right now he expects to stay there for the rest of his life but he realized that plans change and people die and he wants to know what he should do now to allow for possible future development in that area. He was advised to set his house in such a position that ii would be accessible to a cul-de-sac and to set a cul-de-sac in when he puts in the driveway. Mr. Miers was told that the cul-de-sac has to 100' wide. Mr. Miers was questioned on how he pians to take core of snow removal for his driveway and was cautioned that the driveway would not be the responsibility of this City. Mr. Miers said that he has a pickup with a plow and two bull -dozers so he does not foresee any problems with snow removal. Mr. L'Altier moved to recommend to the Council that they grant the Variance to Ordinance 21 A for Mr. Miers with the understanding that he set a cul- de-sac in with a 100' width. Mr. Ketiing seconded the motion. Mr. Nadeau asked if Mr. L'Ailier would include in his motion a condition for a 60' right-of-way to be retained by the City in the event that the land was ever sold and a road was necessary. Mr. L'Allier so moved and Mr. Kelling siad that he would second that motion as well. Motion carried. Mr. Miers will appear at the March 24, 1975 Council meeting at 8:30 P.M. MARCH 17, 1975 -5- The next item was Mr. Jankus and Mr. Prokop and their plans to build on their lands in Otter Lake Hills. They were requested to come to this meeting to explain the change being made in the road that Mr. Jankus' plans on building to his property. Mr. Jankus explained that the had had a survey done and his engineer, Carley Engineering, suggested the slight change In West Road. Mr. Prokop s61d that they were ready to present the dtedo-+gsr were awaiting the go ahead from the City. Mr. Kel1ing moved to recommend to the City that the deed be accepted for this street providing it meets the requirements of the City Ordinance and the City Engineer okays it. Mr. Sheeran seconded the motion. Motion carried. Mr. Jankus and Mr. Prokop will be at the March 24, 1975 Council Meeting at 9:15 P.M. to present this deed to the City, if accepted. Mr. and Mrs. Dennis- tta hraharL werr3_here to question the bu i I ding requ i ce- ments In the City of Lino Lakes. There are considering buying some land on Baldwin Lake Road from John Reed. There is a problem in this area --4aeecesue Baldwin Lake Road does not go anywhere and also there is a pro- posed State -Highway 51 that would land -lock that property if it were ever put in. The Hanhrahans were advised that if they were to purchase the property an the highway ever went in there was the possiblity that they would have to have Baldwin L.3ke Road put through to Highway 49 at their expense. The City has no word of a proposed construction date, if ever, on Highway 51 at this time and does not expect any in the near future. Mr. Nadeau advised them to get the section maps from the County and to see if they would be able to obtain further information from the County Surveyor or the State Offices. Mr. Orrin Clover was here to inquire about a dog kennel he would like to build' on his property at 7973 - 20th Avenue South. He had applied for a building permit for a garage and this has been approved by Mr. Amundsen and issued. He presented his plans for the Kennel to the P & Z and a discussion followed: Mr. McLean asked if this was a business venture? Mr. Clover said prim- airly no, they owned 4 show dogs at the present time but his wife does groom dogs for others. For profit? Yes. Then Is would have to be classed as a business. Mr. McLean asked if a rezoning would be required or if a special use permit would suffice. MARCH 17, 1975 -6- Mr. Ketling said he would advise a special use permit in this instance becasue of the ease with which it can be controlled. He said that if a re -zoning were granted, then there could be no controlling of the property if the Clovers sold it. Mr. Kalling asked tf there were neighbors close enough to be bothered by the dogs barking, etc. Mr. Clover said, no, there was no one that close. Mr. Nadeau Said that this would not be a permanent permit, like the other petitions this evening ft is issued at the discretion of the council. Mr. Nadeau asked Mr. Clover if he would accept a limit on the number of dogs he will house at one time. Mr. Clover said he did not plan on keep- ing more than 6 dogs at any one time, but the would accept restrictions in order to obtain the special use permit. Mr. Kelling siad that considering the location and the restrictions that are provided with a special use permit he will make a motion to recommend to the council that a special use permit be granted to Mr. Orrin Clover to operate a dog kennel at 7973 - 20th Avenue South, the permit is to be on an annual basis. There is to be a limit of eight dogs at any one time at the kennel, with the exclusion of litters, that will not be retained longer than six months. Mr. Nadeau seconded the motion. Motion carried. Mr. Clover is to appear at the March 24, 1975 Council meeting at 9:30 P.M., however, prior to that time he is to pay the filing fee of $25.00. Mr. Shearan moved to adjourn avv 9;40 P.. Motion seconded by Mr. Nadeau. Aye.