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HomeMy WebLinkAbout07/17/1974 P&Z Minutes73 July 17, 1974 The regular meeting of the Lino Lakes Planning and Zoning Board was called to order by Chairman Karth at 8:15 P.M. on July 17, 1974. Members present: Kelling, Nadeau, Hill. Absent; L'Allier, Shearen, Rothbauer. Mr. Marier and Mr. Locher were also present. Minutes were taken by Mrs. Zelinka. Th.e minutes of the June 195 1974.meeting werY approved as wrftten. Ir.'"" .-?:: eF Prokop reviewedi s{ s rqquest of June 19 for a rood with the ri crs;; and submitted a supplementary letter to answer some .f the pre- vious "unanswered" questions. The question of the road width was discurse?< Mr. rrokcp and Mr. Reiling preferred to keep the width at 32' but they d:'•_ not feel that such things as curbing as called for in the Ordinance was necessary at this time. Mr. Prokop asked the Board if, based or t=e info-,- maticn before them, they could recommend to the Council appro.• of this? variance. Mr. Steve Junkis, another property owner, presented a map showing his fron..- age on this street. He stated he was in favor of having the street put He plans to build in that area some time next year. He owns ten acres ar41 must have this street for access to his property.. Mr. LaBuda questioned the fact that this would only give a 60' frontage to this property and the Ordinance requires 150'. Mr. Junkis said this would only serve as a driveway to give him access to his property, since he plans to build on 21 acres. Mr. Marier asked if these men understood who would pay for this improved street. Both men knew that all costs would be assessed against the abutting property. Mr. Prokop noted that the original petition had only listed two property owners, there are now three. Mr. LaBuda said that he had just purchased more property from Mr. Reiling, and would have to pay the majority of this cost, therefore he is not in favor of this street going through. Mr. Junkis restated that whatever was necessary to get the street improved in order for him to obtain a building permit, he was willing to do. Mr. Marier wanted these men to understand what the costs are going to be, what has to be done according to the Ordinance and that these rules must be followed. Mr. Prokop asked if it wciuld make any difference if they had the road put in by a private contractor. Mr. Marier said it makes no difference who installs the street as long as City Ordinances are followed. He thought that a private agreement between the property owners as to what percentage each is willing to pay should be arrived. He suggested these men retire to the Conference Room for a private discussion and then come back to the Board. Page Two July 17,1974 Mr. Nadeau asked Mr. Junkis if he was splitting the land indicated on the map. Mr. Junkis said, No, he owns the land and needs to bring the road South in order to have access to his property. Mr. Karth asked about the property to the West and Mr. Junkis said that the land is no good, that it is too low to be developed. Mr. Nadeau reminded Mr. Junkis that he would have to extend the road far e o^+g.'.;o have 150' frontage, that he could nit just tough the corner. Mr. Ju:^kts understood this - he just doesn't want to plat the land. It' •c,c+lel and he doesn't want to clear any more that necessary for the building os: his home. Mr. Nadeau repeated the fact that Mr. LaBuda owns most of the land now. itr, Kelling interupted to point out that the Attorney was present and suggest that perhaps he could answer some of these questions. Mr. Kell'.n; did no!: think this was within the jurisdiction of this Board. This is an undeve n^ed area of four owners. He suggested they get together and come up with a pica. The Council could take jurisdiction if they to, but they are not rer+T,1 -.t. to do this. The Only experience this Board has and is in the case where ?.r{ was developed - where assistance was needed to put in a road and leave acc»Es to the remaining land - but never has a road been put in an undeveloped area where property owners are in disagreement. When Mr. Reiling sold lot- to Mr. LaBuda it changed things considerably. Mr. LaBuda said there are other ways of getting into this property - there is another road. Mr. Junkis reminded Mr. LaBuda that this road is on swamp and that a road couldn't be brought through there. Mr. Kelling noted that these roads were dedicated in 1944. He asked if there was any record of the area having accepted them. Mr. LaBuda felt that since he owns the land, he should have something to say about it. He is the one who will be paying for the street. Mr. Marier asked Mr. LaBuda if he would be willing to discuss this with these property owners. Mr. LaBuda said he would but he didn't want to be assessed for this street. Mr. Junkis felt that Mr. LaBuda didn't want this area to develop and had bought the land from Mr. Reiling to prevent the street from being put in. Mr. Marier asked Mr. LaBuda if he knew what the charges would be. Mr. LaBuda said,. No, but he didn't want to be assessed for it. Mr. Marier felt that Mr.LaBuda should know the costs before he made a decision. Mr. Kelling felt that about all this Board could do is recommend that the Council look at it. Mr. Reiling signs the petition then sells all the lots, so that really voids his signature. The four men involved in this disagreement left the Council chambers and went to the back Conference room for discussion. Page Three July 17, 1974 Mr. Ramacher and Mr. LeTendre from Skyline Auto Body appeared in regard to their request to expand their present buildings. Mr. Karth asked if they would use the sane building and was told , Yea. Mr. Hill aksed how it was to be refinished and will it be attached. Mr. Ramacher siad it will be the same as the present structure and will not be atta ' 1. Mr. .cuing said as long as it meet. specifications, I think it is a goon i:lea to expand business with in the City. If the plans meet specifications, would recommend approval to the Council. Mr. Nadeau asked if the City Engineer had reviewed this. Mr. Karth felt that Mr. Gotwald had inspected the prints. Mr. Ramacher said that it had bee: approved. Mr. Kelling said if it had met the specifications, then it would have beet. approved by the Engineer, he mved to recommend approval to the City CounciL. Seconded by Mr. Nadeau. Motion carried. Mr. Perry Marvin appeared before the Board with a request for a variance tc transfer property of less than 211 acres. The land is located on Linda Street and 220' x 100'. Mr. Malvin stated that he had a perc test but had not received the results as yet. He has made application for the build- ing permit and the building inspector has the blueprints and lot plan. :it: had the land surveyed and discovered that he did not have 4 lots as he hscl been lead to believe. This property is located on a City Street that is surfaced. There was discussion on the location of the house and the fact that it could be located in another spot on the site. The set backs were discussed. Mr. Malvin has already taken out insurance and the mortage will be final on the 18th of July. Mr. Kelling felt that if stipulations were made, this could be recommended for approval to the Council. He would have to make application for a variance with the Clerk. Mr. Melvin agreed to do this. Mr. Kelling moved to recommend approval of this variance. Seconded by Mr. Hill. Motion carried with Mr. Nadeau abstaining. Mr. Marier reminded Mr. Melvin that he would need copies of his perc test, application for the variance, his survey, copies of the plat and he should have the necessary information of the adjoining homes as to set back. This Board had recommended approval without looking at these things in order to avoid a delay for Mr. Melvin. Mr. Melvin said he would have the necessary papaers and thanked the Board for their action. Mr. Karth asked if there was any old Business and Mr. Kelling asked if the mobile home on Highway 49 had been removed. Mr. Karth said that it was still there. Mr. Locher said the Police are in the process of getting a aew set of photo- Page Four July 17, 1874 graphs and he will check on the possibility of legal action. Mr. Kelling wanted to make a note of the fact that the small trees in front of the Council Chambers are planted too far back under the overhang of the building. They cannot get any rain and should be moved while still small. Mr. Marier said he would report this to the Council. He also reported to the Planning and Zoning Board on two meetings he and Mr. McLean had attendrd with the Metro Council in connection with the Open Space plans of tat agency. They had explained the City's stand that no further lands be acquired in Lino Lakes for Park purposes. They are in the process of getting $40,000,000.00 allocated for the "immediate acquisition" areas, >id these areas range from $6,000.00 per acre down to $300/$400 per acre, which is Lino Lakes. Of all the areas that have been so picked as "imnipc=ati- acquisition" Lino Lakes had made the biggest contribution in acres. Mr. Marler and Mr. McLean emphasizedthe fact that in no way will Lino Lakes give up more land. One of the members at the meeting stipulated "fine for now, hut wk will knock heads again", which tells Mr. Marier their intent is to take more laud in Lino Lakes. Mr. Marier didnot think it would be fair to the people if this were not known. The Committee did make a stag,-- ment that they were not taking any resident homes at this time. The maps also show as taking the entire Otter Lake area. Mr. Marier and Mr. McLean reemphisized the fact that Lino Lakes will not give up any more land for non-taxable purposes. It is Mr. Marier's feeling that they will be back for more land. Mr. Marierefelt that good judgement had been used by this Planning and Zoning Board in asking the people to do what is necessary to have a good development, and now it seems that the Metro Council has put label on our heads until 1990. As a Councilman at this time, he would let the people do as they wish with their property as long as they follow the C":ty Ordinances. He doesnot feel that the Metro Council should be able to dictate to Lino Lakes or any other City, but somehow, they feel they can do this. There had been an open hearing on the 16th of July with about 60 people in attendance, and emphasized how Hennepin County had done such an extraordinanry job of acquiring land for open space. At,nn time did this group make any comments about any other City or area. It was pointed out that there are as many as five Cities have done more than their share for land conservation. Mr. Marier didnot feel that any one of their people and made any contribution. There will be another meeting ofi July 18 at 1:30 P.M. The final contract will be made between Staff people and the Metro Open Space and Trasnsprtation Committees and their final decision will go the the Council at a later date. Mr. Kelling agreed with Mr. Marier saying these are a lot of his own feel- ings along this line and is is his opinion that 2,500 acres of land is enough. Mr. Kelling moved that the Planning and Zoning Board support the sentiments expressed by Mr. Marier. Seconded by Mr. Hill. Motion carried. Mr. Locher reported that he had made some calsulations on the .Otter Lake, Lakeview Street. Using 684.5 as total footage, Mr. LaBuda would have 69.52 frontage and Prokop 30.5% frontage. If you have no petitioners at all, the Council can order the plan. Using 60' per/in. Mr. LaBuda would have 655.35%, Prokop, 285.74% and Junkis 57.44%, so they don't have the Page Five necessary 35%. July 17, 1974 Mr. Hill asked, If they extend the street, would they have enough? Mr. Locher said, Yes, but he would have to dedicate the street on a plat and he would have to post bond. Mr. Nadeua wanted to know if the owner would then imporve it himself. Mr. Locher said, Yes. There is nothing on West Street to resurface and it is only 30' wide. There is not a feasibility study so no costs are available. If the people don't volunteer to pay for this then you have to asses the owners. If the money is not in your General Fund, they the City asst post bonds. Mr. Marier felt the cleanest way would be for the owners to have their own contractor. Mr. Locher said this is a dedicated roadway but has never been maintained and it was accepted by the former township. I think it would be very unwise for the Council to allow surfacing of a 30' street. If another 30' could be added, that would solve the problem. The gentlemen concerned with this problem returned to the Council chamber, Mr. Prokop asked 1) Would it be possible for the Planning and Zoning Board to take action this evening based on the information they have and pass oz a recommendation to the Council? Mr. Korth said No, because this Board does not know what will be presented to them. Mr. Locher repeated the above percentage figures that he had given to the Board, and added, without figuring the angle on Lakeview, it requiees at least a 35% petition. The Council can order hearings on this but must have a 4/5's vote to pass. Mr. Prokop then asked that the petition be tabled until the August meeting when the current property owners will appear again. Mr. Kelling moved, at the request of the petitioner, that this be tabled until August 21, 1974. He added that mush of this responsibility rests with the people present at this meeting and there should be some way of resolving this disagreement. He asked if Mr. Prokop had consulted with an engineer. Mr. Prokop said only once by phone. Mr. Kelling felt that as they check into this they may find there is another usable road or a different way into the situation. He felt that it might be possible to get to this land without disturbing Mr. LaBuda's property. The other facet that should be considered, is because of the financial situation that the City would find its self in, if you do find a solution, Page Six July 17, 1974 you should also come up with the financing. Perhaps the Attorney can explain to you more about the financing. Mr. Locher said it would probably cost you considerably less if you did it yourselves. Unless the funds are in the General Funds, the City must float a bond issue, and this in not currently an easy thing to do. The costs of running a bond issue increases the overall costs considerably. There is another requirement, when you finally get all your numbers down you increase that amount by 5% by State law to allow for discrepancies, so it does cost a lot less if you can do it by private contractor. Mr. Kelling asked for a second to his motion adding that if a solution cannot be found, please advise this Board. Mr. Hill seconded the motion. Motion carried. Mr. Locher advised Mr. Prokop that he could probably gat an aerial photo of the property at the Anoka Couty Courthouse for about $4.00. This would enable these parties to give the Council, the Engineer and the Planning and Zoning Board a better idea of what alternatives there might be. Under new business, Mr. Hill asked when Sunrise Park is going to have fences. He had been asked by the President of the Likele League. Mr. Marier said that .he did.not think fencing Sunrise is in the plans at this time. The Park Board is in the process of presenting an overall plan for the City Parks and the allocation of funds for the next two years. He did not feel that a fence for Sunrise was in the plans for this year. Mr, Hill wondered if some fencing could be done at Sunrise this year. The general consensus was that this decision will have to wait for the final presentation from the Park Board Mr. Nadeau moved to adjourn at 9:45 P,M. Seconded by Mr. Kelling. Aye.