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HomeMy WebLinkAbout12/17/1969 P&Z Minutes(1) The regular meeting of the Village of Lino Lakes Planning and Zoning Board held on December 17, 1969 was called to order at 8:03 p.m. by Chairman John McLean with all members present except Mr. Stanley. Mr. Cardinal was also present. The minutes of November 19 were reed. Mr. Kelling moved to accept the minutes as ,read. Seconded by Mr. Karth. Motion carried. Mr. McLean mentioned that the special use hearings for two trailers were coming up later in the meeting. He read a letter from Mr. VenHousen regarding a talk he hed. had with Mr. Paul Miller of Acton Construction. He had suggested an industrial park. Mr. McLean was notified prior to the meeting that Acton requests a postpone- mentuntil the January meeting. Mr. McLean read the letter from the Council explaining their reasons for giving Ken Rehbein permits for the prefab houses. Mr. Bob Foreman of Meyers Sign Service, Inc., presented applications for several signs to be located along 135W and 135E. Mr. McLean noted that Mr. Locher had indicated that since the Council had passed Ordinance No. 51 the P&Z could procr,..27. the applications and make a recommendation to the Council. This would be veri^::.ed later when Mr. Locher arrived. Mr. Foreman located the signs on a map, presented architectural engineer drawings and stated that all their signs were of one type structure, built to withstand 301 pounds of windload, were all steel except for a wooden platform in the rear for the electricians, etc. to stand on. He stated that they had had no trouble with this type sign; they were sunk 8' in the ground in cement and would be a light gray in color. Since the drawing indicated the size to be larger than our mzximum requirement, they would remove one panel in length. Mr. Foreman presented the lease agreement with Mr. Herbert E. Schmuck. After some discussion it was decided that Meyers would only ask for the three signs to be located on the Schmuck property and would give the other applications to the Clerk to hold until a later meeting. This was to be placed on the January agenda. The application for a license was also left with the Clerk for the Council meeting. There was considerdble discussio: on the location of the signs on the leased land; it was decided to wait until Mr. Locher arrived to determine where the signs would go. Mr. McLean asked Mr. Dielentheis of U. S. Lakes Development Co. to come forward. Mr. Dielentheis presented 6 copies of a preliminary plat for Lakes Addition No. two on the east side of Reshanau Lake. Mr. Busch commented that they felt the plat concept was in line with the preliminary plan presented to the P&Z and Council when they first came to us. He noted that Black Duck Drive had extra width (80'); they indicated a portion of the plat which they wished zoned com- mercial so that when the time came to use it they would not have a problem with the people who had bought nearby homesites. There was discussion on the number of cul-de-sacs and on the use of the outlots. Mr. Dielentheis pointed out where the sewage plant would be and stated what the usage of this land would be after the sewage plant was removed. Mr. McLean wished one copy to be sent to Mr. Van Housen. Mr. Gotwald will have a report on this for the Council Monday night. Mr. Rehbein pointed out that the Village does not wish to give a blanket rezoning for commercial usage. Mr. Busch reiterated the necessity of having the parcel designated as commercial now. Mr. Locher stated that the Council might wish to rezone the property under the limited commercial amendment if Jandric would designate the usage now. This could be done simultaneously with the acceptance of the plat. Mr. Busch stated that they were looking forward to Feb. 1 opening (2) and hoped to make some sales by April crMay. Mr. Locher noted that they would need a special use permit for the town.houses. The plat is on the Council agenda for Monday night. The plat contains 49.7 acres. Mr. Busch felt that they would rather contribute money than the land (about 5 acres) so that the Village might use it for the development of the Lake Amelia site. He felt the Village would rather have one large park than so many scattered in the development --besides the golf course. Mr. Cardinal replied that the Council seemed more in favor of several smaller parks rather than one large one. At 9:00 p.m. Mr. McLean mentioned that it was time to hear the special use applicants J3+gager, it was decided to wait on this and finish the Meyers sign applications fircJ. Mr. Locher stated that there was plenty of land for the signs --about 4100 feet. He also stated that no mailings or special hearings were required for this type of special use permit. After more discussion Mr. Jester moved to recommend to the Council that Meyers S.;{ Service, Inc. by granted e special use permit to erect three signs on the Herbert E. Schmuck property along 135W being located in lots 6, 13, 15 and 16 (known as Revised Auditor's Subdivision No. 49), Section 2 and the NE 1/4 of the NE 1/4 of Section 10; the location of sign (1) to be placed in the extreme SW corner of the property within the legal setback; the location of sign (2) to be 1200' NE of (1); sign (3) to be 1200' NE of (2); subject to the new fee schedule. Seconded by Mr. Karth. Mr. Rehbein questioned whether the sign could be removed under the 15 -year lease if new development should occur. Mr. Foreman stated that the lease contained a clause making the removal of the sign automatic if development should occur. Also, the annual fee for the signs and the ordinance would control this. The vote on the motion was unanimous in favor. The hearing for Mr. Dahl was called to order about 9:15 p.m. Mr. Locher showed the affidavits were in order. Mr. Dahl stated that he only leases the property and this was good until June. He had no plans to buy the property; he wanted the trailer there to protect his livestock; he is living in it. Mr. Dahl presented the Clerk with $100.00 toward the special use permit fees; a receipt was written. There was considerable discussion with Mr. Dahl. Mr. Locher read the portion of Ord. 6 per- taining to getting rent for a trailer --this would constitute a trailer park. Mr. Dahl has a temporary permit; his request must be considered under the old ordinance since his application was in before the new amendment was adopted. Mr. Rehbein noted that Mr. Dahl violated the ordinance Plf,oby moving in without a permit, also, there is no sewer and water. Mr. Dupre shouldn't have issued the Oct. 13 temporary permit. The Board felt that this was no hardship case. Mr. Locher stated that we needed a statement from the owner of the property that he is receiving no rent for the trailer, but for the lease of the whole parcel. After more discussion Mr. Husnik moved that the P&Z recommend to the Council that they deny the request of Mr. Verner Dahl for a special use permit for his trailer for reasons above. Seconded by Mr. Kelling. The vote was unanimously in favor. Mr. Locher mentioned that the Council has now cut off the issuance of temporary trailer permits by the Building Inspector. Mr. Cardinal asked Mr. Dahl if he had told Mr. Dupre that he was renting the property and received an answer of no. Mr. Rehbein moved that the P&Z recommend to the Council that they deny the extension of a temporary trailer permit for Mr. Dahl beyond the existing 90 -day permit which expires on Jan. 13, to park his trailer on the land described in the hearing notice. Seconded by Mr. Husnik. Carried. (3) Mr. Dahl asked if there was any objection to his leaving the trailer there if he was not living in it since it would be hard to move this time of year. Mr. Locher IlOr stated this was permissable. At 9:40 the hearing for Joseph Schmitz was called to order. Mr. Locher read the affidavits, showing the address at which the trailer is presently. parked to be 6309 Hodgson Road, this being part of Lot 14, Arthur E. Thom Acres. Mr. Locher stated that he had examined the abstract and had a certified copy of the deed with him. He had found no easement to the road; therefore the parcel is landlocked. Mr. Schmitz stated that he had paid $15 for an easement. However, this is not on record. Mr. Locher stated that at best he was using en 8' easement to the next lot. He mentioned that the Courts had upheld the Council's denial of a request for a building permit on a 20' easement. Mr. Schmitz stated he had tried to get a building permit and could not. Mr. Schmitz did not apply for a temporary permit for the trailer and has been there since Sept. 1. Mr. Cardinal asked him if he wasn't told at the Council meeting to get a temporary permit but Mr. Schmitz stated he didn't know anything about this. Mr. Rehbein asked him what reason he had for parking his trailer there. Mr. ScbbzniiiL stated that he had bought his trailer in Wisconsin so that he could park it any- where and then found no room in any of the courts. He has a well and septic tank. Mr. Rehbein moved that the P&Z recommend to the Council that they deny the request of Mr. Joseph Schmitz for a special use permit for his trailer because there was no hardship caa;the parcel was landlocked. Seconded by Mr. Kelling. The motion carried unanimously. Mr. Rehbein moved that since Mr. Schmitz had brought in the trailer without looking into the ordinances, the P&Z recommend to the Council that Mr. Schmitz be given a 30 -day notice to move his trailer out. Seconded by Mr. Karth. Motion carried unanimously. Mr. Schmitz stated that the check for $100 was in the mail. Mr. McLean asked Mr. Locher to read the trailer revision passed by the Council. Mr. Locher stated that he did not have it with him and also stated that the new amendment was not in effect since any amendment to Ord. 6 requires two weeks published notice before adoption. The notice will be published on the 26th and Jan. 2nd; the Council could consider the matter on the 12th. Mr. McLean stated that Naegele had not brought in any application forms for the Jandric signs (Chamonix); but that the matter was still pending. If they granted the special use permits then Naegele could come in later for the permits. After discussion Mr. Kelling moved that the P&Z recommend to the Council that they grant a special use permit for Naegele to put up 3 signs for Chamonix at the fol- lowing locations: on Birch across from 7th Ave.; on Hwy 49 at Birch St., and on Hwy 49 at Old Hwy 8 near the Apple Inn, subject to the new fee schedule. Seconded by Mr. Jester. Motion carried unanimously. Mr, James Bratland, representing Brede, Inc. came forward to change his request for All signs. Since the two signs he had requested were lesathan 1200' apart, he wished to enlarge the size of the sign and advertize both on the same one and withdraw one application. The request was for a sign on the Midland-Videen property on the end Oak Lane. Mr. Bratland showed the location on a map and produced the lease agree- ment. He was asked to bring a copy of the lease agreement to the Council meeting. The lease was for 3 years and included a clause that in case of land improvement the sign would be removed within 3Q days. (4) Mr. Husnik moved that the P&Z recommend to the Council that they grant a Special use permit to Brede, Inc. to erect a 10' by 60' non -illuminated sign on the Mid- land-Videen property along 135W in Lot 19 of Lakeview Woodlands on the hill as shown on the map; subject to the new fee schedule. Seconded by Mr. Kelling. Motion carried unanimously. Mr. Kelling moved that the P&Z recommend to the Council that the Clerk, from now on, date the sign applications in the order received so that a continuous record can be :maintained. Seconded by Mr. Jester. :Carried unanimously. Mr. Gilbert A. Menkveld, Box 447, Anoka, stepped forward to state that he was cont -- fused about the granting of special use permits; he wished to place a mobile home park in the Village and wished to know the procedure. Mr. Locher explained the ordinance on rezoning and special use permits, especially the policy on sending notices to persons within 300' of the property concerned. Mr. Karth asked if it wouldn't be better for Mr. Menkveld to find out about the sewage. He answered, corroborated by Mr. Locher, that the PCA and the Metro Council will not consider a temporary plant until the developer has a permit from the Village. A representa- tive of the Metro Council had told Mr. Locher that they are allowing a few temporary plants. There will be a meeting on Dec. 29 at Metro Council to set policy on the sewers. Mr. Locher will have Metro Council send out more of their current booklets on sewers to the Clerk. Mr. Menkveld stated that it was not necessary then to have the petition signed by 2/3 of the land -owners within 300' if the Council wished to set a hearing,right? Mr. Locher stated that this was true in the case of Albert Steins' request end gave the procedure. The Council has been requiring the mailing of notices to such persons even if the land size is over five acres. Mr. Al Ross stated that he thought a commercial business was being operated at the corner of Ware Road and the County Line; he felt that the P&Z should look it over. Mr. Cardinal noted that if the lend were agricultural he wouldn't need a permit to put up a pole shed. They will check into it. Mr. Ross also mentioned that at one time the County was thinki$g of renting part of a building in Lino for their roads equipment; he wondered if they were still interested and if it might be mentioned to the Council. Mr. Rehbein stated that at the first meeting of the building committee the subject was brought up. Mr. Rehbein stated that there were 4 or 5 junk cars sitting on the land belonging to the Skelly gas station and thought a letter should be written directly to the station; also there was a big semi -trailer parked by the freeway fence on the Rugroden property; he had also received comments on the prefab home and recommended that Twin City Testing or some other outfit run tests on the strength of the floor joists to see if they will withstand the load after a period of time. The cost of this testing should be borne by the prefab builder, or contractor. Mr. Rehbein moved that these three matters be brought to the attention of the Council: junk cars on the Skellt property, semi -trailer by the freeway and testing of the prefabs. Seconded by Mr. Kelling. Carried unanimously. Mr. Kelling moved to adjourn at 10:35 p.m. Seconded by Mr. Husnik. Carried.