Loading...
HomeMy WebLinkAbout2017-100 Council Resolution --T6 C.. `Re corder ! t 1 CITY OF LINO LAKES RESOLUTION NO. 17-100 RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR HOME OCCUPATION LEVEL C AT 426 PINE STREET WHEREAS, on July 26, 2017 the City received an application for a Conditional Use Permit for Home Occupation Level C at 426 Pine Street and hereafter referred to as "Development"; and WHEREAS, the parcel is zoned R-Rural and allows for a Home Occupation Permit Level C with a conditional use permit; and WHEREAS, the legal description of the subject site is: PID #05-31-22-22-0006: N 375 FT OF W3/4 OF NWIA OF NW1/4 OF SEC 5 TWP 31 RGE 22, EX E 400 FT THEREOF, EX RDS, SUBJ TO EASE OF REC; and PID #05-31-22-22-0003: E 400 FT OF N 650 FT OF W3/4 OF NW1/4 OF NWIA OF SEC 5 TWP 31 RGE 22, EX RD, SUBJ TO EASE OF REC; and PID #05-31-22-22-0005: THE W3/4 OF NWIA OF NWIA OF SEC 5 TWP 31 RGE 22, EX E 400 FT OF N 650 FT THEREOF, ALSO EX THAT PRT OF SD W3/4 DESC AS FOL: BEG AT A PT ON W LINE OF SD W3/4 800 FT S OF NW COR THEREOF, TH S ALG SD WLINE 208 FT, TH E 208 FT, TH N 208 FT, TH W 208 FT TO POB, ALSO EX N 375 FT OF SD W3/4, EX RD, SUBJ TO EASE OF REC; and WHEREAS, City staff has completed a review of the proposed "Development" based on an aerial map/site plan and narrative submitted by the applicant; and WHEREAS, a public hearing was held before the Planning & Zoning Board on September 13, 2017 and the Board recommended approval of the conditional use permit. NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes hereby makes the following: FINDINGS OF FACT r-� 1. The proposed development application has been found to be consistent with the policies and recommendations of the Lino Lakes Comprehensive Plan including: t ram, a. Land Use Plan. The 25 acre parcel is guided Urban Reserve and zoned R, Rural. A Home Occupation Level C is allowed with a conditional use permit. b. Transportation Plan. Pine Street is a major collector road and has an improved,paved road surface east of 4' Avenue along 426 Pine Street. The existing improved road has structural design and capacity to accommodate the added traffic proposed by the home occupation. c. Utility (Sewer and Water) Plans. The parcel is served by private well and septic system. The City's utility plans are not impacted. d. Local Water Management Plan. The City's Local Surface Water Management Plan (LSWMP) is incorporated into Chapter 2: Resource Management System Plan of the City's Comprehensive Plan. The goal of the LSWMP is to improve of the quality of surface waters by delivering good ,-� quality stormwater runoff to lakes and wetlands. The proposed home occupation will occur in an existing accessory structure on a 25 acre parcel. Regulations of Chapter 1011: Stormwater, Erosion and Sediment Control shall be met to ensure runoff will not increase and surface water (wetlands) will not be impacted. e. Capital Improvement Plan. There will be no changes to the City's Capital Improvement Plan related to the home occupation. f. Policy Plan. The proposed home occupation is consistent with the comprehensive plan (i.e. Policy Plan) in regards to land use, transportation, utilities, local water management and capital improvements. g. Natural Environment Plan. The City's Natural Environment Plan is incorporated into Chapter 2: Resource Management System Plan of the City's Comprehensive Plan. One goal of the Plan is to identify, protect and preserve the desirable natural areas and ecological and aquatic resources of the community. 2 The City's greenway corridor exists on the parcel. The proposed home occupation will occur in an existing accessory structure and will not impact the City's Parks, Natural Open Space/Greenway and Trail System. 2. The proposed development application is compatible with present and future land uses of the area. The proposed home occupation is compatible with present and future land uses. The surrounding land uses are rural residential on large rural lots. 3. The proposed development application conforms to performance standards herein and other applicable City Codes. The proposed home occupation conforms to the performance standards of the City Code. 4. Traffic generated by a proposed development application is within the capabilities of the City when: a. If the existing level of service (LOS) outside of the proposed subdivision is A or B, traffic generated by a proposed subdivision will not degrade the level of service more than one grade. .� b. If the existing LOS outside of the proposed subdivision is C, traffic generated by a proposed subdivision will not degrade the level of service below C. c. If the existing LOS outside of the proposed subdivision is D, traffic generated by a proposed subdivision will not degrade the level of service below D. d. The existing LOS must be D or better for all streets and intersections providing access to the subdivision. If the existing level of service is E or F, the subdivision developer must provide, as part of the proposed project, improvements needed to ensure a level of service D or better. e. Existing roads and intersections providing access to the subdivision must have the structural capacity to accommodate projected traffic from the proposed subdivision or the developer will pay to correct any structural deficiencies. f. The traffic generated from a proposed subdivision shall not require City street improvements that are inconsistent with the Lino Lakes Capital Improvement Plan. However, the City may, at its discretion, consider developer-financed improvements to correct any street deficiencies. g. The LOS requirements in paragraphs a. to d. above do not apply to the I- 35W/Lake Drive or I-35E/Main St. interchanges. At City discretion, �.� interchange impacts must be evaluated in conjunction with Anoka County and the Minnesota Dept. of Transportation, and a plan must be prepared to determine improvements needed to resolve deficiencies. This plan must 3 111*N determine traffic generated by the subdivision project, how this traffic contributes to the total traffic, and the time frame of the improvements. The plan also must examine financing options, including project contribution and cost sharing among other jurisdictions and other properties, that contribute to traffic at the interchange. h. The City does not relinquish any rights of local determination. Pine Street is a major collector road and has an improved,paved road surface east of 41h Avenue along 426 Pine Street. The existing improved road has structural design and capacity to accommodate the added traffic proposed by the home occupation. 5. The proposed development shall be served with adequate and safe water supply. The site is served by a private well that can serve the proposed home occupation.. 6. The proposed development shall be served with an adequate and safe sanitary sewer system. The site is currently served by a private septic system. The septic system shall be designed and sized to accommodate any future building modifications. 7. The proposed development shall not result in the premature expenditures of City funds on capital improvements necessary to accommodate the proposed development. There will be no premature expenditures of City funds. 8. The proposed development will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, or odors. The proposed home occupation will not involve uses and activities detrimental to persons or property. Hours of operation shall be limited to Monday through Friday, 7 a.m. to 7 p.m. All work and the use of power tools and/or equipment shall be performed inside the home occupation accessory structure with the doors and windows closed. 9. The proposed development will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance. The natural features (wetlands) will not be impacted. There are no other known natural, scenic or historic features on the existing site. BE IT FURTHER RESOLVED by The City Council of the City of Lino Lakes hereby approves the conditional use permit for Home Occupation Level C at 426 Pine Street with the following conditions: 4 n 1. All regulations of Section 1007.047 Home Occupation Permits shall be in effect. 2. The owner of Mobile Maintenance, Stephen Kenneth Witzel, must occupy the property at 426 Pine Street as his primary place of residence. 3. Storage of materials related to the home occupation business shall only be allowed in the accessory structure near the house as labeled#3, hereto attached as Exhibit A. 4. Storage of materials related to the home occupation business shall not be allowed in any other accessory structure unless an amendment to the conditional use permit is approved by the City. 5. No exterior storage of commercial or personal items/materials shall be allowed on site at any time. a. The parcel is 25 acres and there is no limit to the number of size of accessory structures that could be constructed on site to store items/materials. 6. One (1) screened trash dumpster no larger than 20 yards shall be allowed on site. a. The screening shall be a privacy fence at least 6 feet and no greater than 8 feet in height. 7. No more than two (2)trash/recycling haulers per week for both residential and commercial purposes shall be allowed. 8. Hours of operation shall be limited to Monday through Friday, 7 a.m. to 7 p.m. 9. All work and the use of power tools and/or equipment shall be performed inside the home occupation accessory structure with the doors and windows closed. 10. Per the Section 1007.047(9)(a)7, all off street parking generated by the home occupation shall be provided on a hard surface in or adjacent to the driveway. 11. The proposed parking area shall be enclosed by an eight(8) foot privacy fence. BE IT FURTHER RESOLVED by The City Council of the City of Lino Lakes hereby approves the conditional use permit with the following conditions: 1. The owner of Mobile Maintenance, Stephen Kenneth Witzel, shall provide proof to the City of homesteading the property at 426 Pine Street as his primary place of residence prior to the home occupation permit becoming effective. 2. All comments from the City Engineer letter dated September 5, 2017 shall be addressed. 3. The applicant shall revise the site plan to show the location and fencing of the dumpster. 4. The applicant shall provide details of the dumpster privacy fence. 5. A Building Permit is required for any building improvements. 6. A Fence Permit is required for any fence construction. 7. A Zoning Permit is required for any driveway or parking area improvements. 8. The three (3) parcels shall be combined through Anoka County. a. The applicant shall provide proof of combination to the City prior to the home occupation permit becoming effective. 5 Adopted by the Council of the City of Lino Lakes this 9' day of October, 2017. The motion for the adoption of the foregoing resolution was introduced by Council Member Kusterman and was duly seconded by Council Member Manthey and upon vote being taken thereon, the following voted in favor thereof: Kusterman, Manthey, Rafferty, Reinert The following voted against same: none (absent - Maher) Jeff Reinert, or ATTEST: C7Janne Bartell, Ci y Cle 6 Go gle Maps /-x ,'• Iinl��.i 1 a81d N 4 . As ,II 4 i F� I III "'MCI A' s I ' Imagery 02017 Google,Map data 02017 Google United States 100 ft r l? r eo e^( 2/,, N J Record ID IIIIII 4064651 CITY° OF IN L KEG 2183643 . 002 CITY OF LINO LAKES CERTIFICATION RESOLUTION NO. 17-100 STATE OF MINNESOTA) COUNTY OF ANOKA) SS CITY OF LINO LAKES) 1, Julianne Bartell, City Clerk of the City of Lino Lakes, in the County of Anoka and State of Minnesota, certify that I have examined the attached copy of Resolution No. 17-100, Approving a Conditional Use Permit for Home Occupation Level C at 429 Pine Street, passed by the City Council on October 9, 2017, and have carefully compared the same with the original on file in this office, and that the attached copy is a true, correct and complete copy of the original. IN WITNESS WHEREOF, I have signed and affixed the city seal on October 10, 2017. City er 600 Town Center Parkway,Lino Lakes,MN 55014 Phone:651-982-2400•Fax:651-982-2499 CITY OF LINO LAKES RESOLUTION NO. 17-100 RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR HOME OCCUPATION LEVEL C AT 426 PINE STREET WHEREAS, on July 26, 2017 the City received an application for a Conditional Use Permit for Home Occupation Level C at 426 Pine Street and hereafter referred to as "Development"; and WHEREAS, the parcel is zoned R-Rural and allows for a Home Occupation Permit Level C with a conditional use permit; and WHEREAS, the legal description of the subject site is: PID #05-31-22-22-0006: N 375 FT OF W3/4 OF NWIA OF NWIA OF SEC 5 TWP 31 RGE 22, EX E 400 FT THEREOF, EX RDS, SUBJ TO EASE OF REC; and PID #05-31-22-22-0003: E 400 FT OF N 650 FT OF W3/4 OF NW1/4 OF NWIA OF SEC 5 TWP 31 RGE 22, EX RD, SUBJ TO EASE OF REC; and PID #05-31-22-22-0005: THE W3/4 OF NWIA OF NWIA OF SEC 5 TWP 31 RGE 22, EX E 400 FT OF N 650 FT THEREOF, ALSO EX THAT PRT OF SD W3/4 DESC AS FOL: BEG AT A PT ON W LINE OF SD W3/4 800 FT S OF NW COR THEREOF, TH S ALG SD WLINE 208 FT, TH E 208 FT, TH N 208 FT, TH W 208 FT TO POB, ALSO EX N 375 FT OF SD W3/4, EX RD, SUBJ TO EASE OF REC; and WHEREAS, City staff has completed a review of the proposed"Development"based on an aerial map/site plan and narrative submitted by the applicant; and WHEREAS, a public hearing was held before the Planning & Zoning Board on September 13, 2017 and the Board recommended approval of the conditional use permit. NOW,THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes hereby makes the following: FINDINGS OF FACT 1. The proposed development application has been found to be consistent with the policies and recommendations of the Lino Lakes Comprehensive Plan including: 1 a. Land Use Plan. The 25 acre parcel is guided Urban Reserve and zoned R, Rural. A Home Occupation Level C is allowed with a conditional use permit. b. Transportation Plan. Pine Street is a major collector road and has an improved,paved road surface east of 4rh Avenue along 426 Pine Street. The existing improved road has structural design and capacity to accommodate the added traffic proposed by the home occupation. c. Utility (Sewer and Water) Plans. The parcel is served by private well and septic system. The City's utility plans are not impacted. d. Local Water Management Plan. The City's Local Surface Water Management Plan (LSWMP) is incorporated into Chapter 2: Resource Management System Plan of the City's Comprehensive Plan. The goal of the LSWMP is to improve of the quality of surface waters by delivering good quality stormwater runoff to lakes and wetlands. The proposed home occupation will occur in an existing accessory structure on a 25 acre parcel. Regulations of Chapter 1011: Stormwater, Erosion and Sediment Control shall be met to ensure runoff will not increase and surface water (wetlands) will not be impacted. e. Capital Improvement Plan. There will be no changes to the City's Capital Improvement Plan related to the home occupation. f. Policy Plan. The proposed home occupation is consistent with the comprehensive plan (i.e. Policy Plan) in regards to land use, transportation, utilities, local water management and capital improvements. g. Natural Environment Plan. The City's Natural Environment Plan is incorporated into Chapter 2: Resource Management System Plan of the City's Comprehensive Plan. One goal of the Plan is to identify protect and preserve the desirable natural areas and ecological and aquatic resources of the community. 2 The City's greenway corridor exists on the parcel. The proposed home occupation will occur in an existing accessory structure and will not impact the City's Parks, Natural Open Space/Greenway and Trail System. 2. The proposed development application is compatible with present and future land uses of the area. The proposed home occupation is compatible with present and future land uses. The surrounding land uses are rural residential on large rural lots. 3. The proposed development application conforms to performance standards herein and other applicable City Codes. The proposed home occupation conforms to the performance standards of the City Code. 4. Traffic generated by a proposed development application is within the capabilities of the City when: a. If the existing level of service (LOS) outside of the proposed subdivision is A or B, traffic generated by a proposed subdivision will not degrade the level of service more than one grade. b. If the existing LOS outside of the proposed subdivision is C,traffic generated by a proposed subdivision will not degrade the level of service below C. c. If the existing LOS outside of the proposed subdivision is D, traffic generated by a proposed subdivision will not degrade the level of service below D. d. The existing LOS must be D or better for all streets and intersections providing access to the subdivision. If the existing level of service is E or F, the subdivision developer must provide, as part of the proposed project, improvements needed to ensure a level of service D or better. e. Existing roads and intersections providing access to the subdivision must have the structural capacity to accommodate projected traffic from the proposed subdivision or the developer will pay to correct any structural deficiencies. f. The traffic generated from a proposed subdivision shall not require City street improvements that are inconsistent with the Lino Lakes Capital Improvement Plan. However, the City may, at its discretion, consider developer-financed improvements to correct any street deficiencies. g. The LOS requirements in paragraphs a. to d. above do not apply to the I- 35W/Lake Drive or 1-35E/Main St. interchanges. At City discretion, interchange impacts must be evaluated in conjunction with Anoka County and the Minnesota Dept. of Transportation, and a plan must be prepared to determine improvements needed to resolve deficiencies. This plan must 3 determine traffic generated by the subdivision project, how this traffic contributes to the total traffic, and the time frame of the improvements. The plan also must examine financing options, including project contribution and cost sharing among other jurisdictions and other properties, that contribute to traffic at the interchange. h. The City does not relinquish any rights of local determination. Pine Street is a major collector road and has an improved,paved road surface east of 4rh Avenue along 426 Pine Street. The existing improved road has structural design and capacity to accommodate the added traffic proposed by the home occupation. 5. The proposed development shall be served with adequate and safe water supply. The site is served by a private well that can serve the proposed home occupation.. 6. The proposed development shall be served with an adequate and safe sanitary sewer system. The site is currently served by a private septic system. The septic system shall be designed and sized to accommodate any future building modifications. 7. The proposed development shall not result in the premature expenditures of City funds on capital improvements necessary to accommodate the proposed development. There will be no premature expenditures of City funds. 8. The proposed development will not involve uses, activities,processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, or odors. The proposed home occupation will not involve uses and activities detrimental to persons or property. Hours of operation shall be limited to Monday through Friday, 7 a.m. to 7 p.m. All work and the use of power tools and/or equipment shall be performed inside the home occupation accessory structure with the doors and windows closed. 9. The proposed development will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance. The natural features (wetlands) will not be impacted. There are no other known natural, scenic or historic features on the existing site. BE IT FURTHER RESOLVED by The City Council of the City of Lino Lakes hereby approves the conditional use permit for Home Occupation Level C at 426 Pine Street with the following conditions: 4 1. All regulations of Section 1007.047 Home Occupation Permits shall be in effect. 2. The owner of Mobile Maintenance, Stephen Kenneth Witzel, must occupy the property at 426 Pine Street as his primary place of residence. 3. Storage of materials related to the home occupation business shall only be allowed in the accessory structure near the house as labeled#3, hereto attached as Exhibit A. 4. Storage of materials related to the home occupation business shall not be allowed in any other accessory structure unless an amendment to the conditional use permit is approved by the City. 5. No exterior storage of commercial or personal items/materials shall be allowed on site at any time. a. The parcel is 25 acres and there is no limit to the number of size of accessory structures that could be constructed on site to store items/materials. 6. One (1) screened trash dumpster no larger than 20 yards shall be allowed on site. a. The screening shall be a privacy fence at least 6 feet and no greater than 8 feet in height. 7. No more than two (2) trash/recycling haulers per week for both residential and commercial purposes shall be allowed. 8. Hours of operation shall be limited to Monday through Friday, 7 a.m. to 7 p.m. 9. All work and the use of power tools and/or equipment 'shall be performed inside the home occupation accessory structure with the doors and windows closed. 10. Per the Section 1007.047(9)(a)7, all off street parking generated by the home occupation shall be provided on a hard surface in or adjacent to the driveway. 11. The proposed parking area shall be enclosed by an eight (8) foot privacy fence. BE IT FURTHER RESOLVED by The City Council of the City of Lino Lakes hereby approves the conditional use permit with the following conditions: 1. The owner of Mobile Maintenance, Stephen Kenneth Witzel, shall provide proof to the City of homesteading the property at 426 Pine Street as his primary place of residence prior to the home occupation permit becoming effective. 2. All comments from the City Engineer letter dated September 5, 2017 shall be addressed. 3. The applicant shall revise the site plan to show the location and fencing of the dumpster. 4. The applicant shall provide details of the dumpster privacy fence. 5. A Building Permit is required for any building improvements. 6. A Fence Permit is required for any fence construction. 7. A Zoning Permit is required for any driveway or parking area improvements. 8. The three (3) parcels shall be combined through Anoka County. a. The applicant shall provide proof of combination to the City prior to the home occupation permit becoming effective. 5 Adopted by the Council of the City of Lino Lakes this 9 h day of October, 2017. The motion for the adoption of the foregoing resolution was introduced by Council Member Kusterman and was duly seconded by Council Member Manthey and upon vote being taken thereon, the following voted in favor thereof: Kusterman, Manthey, Rafferty, Reinert The following voted against same: none (absent - Maher) Jeff Reinert, or ATTEST: Janne Bartell, C' y Cle 6 i r Go gle Maps X i R � �s r 3 z t Imagery 02017 Google,Map data©2017 Google United States 100 ft tJ//�� r� J / ANOKA COtTNTY MINNESOTA Document No.: 2183643.002 ABSTRACT I hereby certify that the within instrument was filed in this office for record on: 10/16/2017 2:49:00 PM Fees/Taxes In the Amount of $46.00 JONELL M. SAWYER Anoka County Property Tax Administrator,/Recorder/Registrar of Titles AMS, Deputy Record ID: 4064651