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:
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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.
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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
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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.
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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.
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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.