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HomeMy WebLinkAbout12/12/2018 P&Z Packet CITY OF LINO LAKES PLANNING & ZONING BOARD MEETING Wednesday, December 12, 2018 6:30 p.m. Council Chambers Please be courteous and turn off all electronic devices during the meeting. AGENDA 1. CALL TO ORDER AND ROLL CALL 2. APPROVAL OF AGENDA 3. APPROVAL OF MINUTES: November 14, 2018 4. OPEN MIKE 5. ACTION ITEMS A. 7859 Knoll Drive-Variance for Street and Side Yard Setbacks 6. DISCUSSION ITEMS A. Project Updates 7. ADJOURN Meeting guidelines on reverse side. City of Lino Lakes Planning & Zoning Board MEETING GUIDELINES Open Mike – The purpose of a Board Meeting is to accomplish the business of the city. When presenting at a meeting please remember to be respectful, and follow these guidelines: • Please address the meeting chair. • State your name and address for the record. • Please observe a 4-minute limit. • The topic must relate to city business. • Open Mike is for items not on the agenda. • A spokesperson must represent a group of five or more – groups will have 8 minutes. • The Presiding Officer may limit duplicative presentations. • Remember, the meeting is to discuss city business only. Public Hearing - Held as a separate item of business on the agenda. The public hearing segment is your opportunity to tell the Board how you feel about issues scheduled to be heard. Typically, a hearing follows these steps: • The Presiding Officer (Chair or Vice-Chair) will announce the proposal to be reviewed and ask for the staff report. The presiding Officer shall maintain strict order and etiquette at all meetings. • Staff will present their report on the proposal. • Board members will then ask City Staff questions about the proposal. • The Presiding Officer will then open up the public hearing for anyone present who wishes to comment on the proposal. This is the time for the public to make comments or ask questions about the proposal. Comments should be limited to four (4) minutes unless further time is granted by the Presiding Officer. All comments should be directed to the Board as a body and not to any individual Board Member or City Staff Member unless permission is granted by the Presiding Officer. No person shall be permitted to enter into any discussion, either directly or through a member of the Board without the permission of the Presiding Officer. • After everyone in the audience wishing to speak has given his/her comments, the Presiding Officer shall close the public hearing. • The Board will then discuss the proposal. No further public comments are allowed. • The Board will then make a recommendation(s) and/or a decision. When you are called upon for your comments, please step to the microphone at the podium and state your name and address for the record. Occasionally, the Board may continue a hearing to another meeting before taking action. Meeting Etiquette The Planning & Zoning Board must preserve order and decorum while the meeting is in session. A resident shall not, by conversation or otherwise, delay or interrupt the proceedings or the business of the Board, nor disturb any resident or Board Member while speaking or refuse to obey the orders of the Board. DRAFT MINUTES CITY OF LINO LAKES PLANNING & ZONING BOARD MINUTES PLANNING & ZONING BOARD MEETING I. CALL TO ORDER AND ROLL CALL: Chair Tralle called the Lino Lakes Planning and Zoning Board meeting to order at 6:30 P.M. on November 14, 2018. II. APPROVAL OF AGENDA Under Discussion Items, move All Seasons Rental Project Update to Item A and 2040 Comprehensive Plan Update Discussion to Item B. The Agenda was approved. III. APPROVAL OF MINUTES Mr. Laden made a MOTION to approve the October 10, 2018 Meeting Minutes. Motion was supported by Mr. Stimpson. Motion carried 6 - 0. IV. OPEN MIKE Chair Tralle declared Open Mike at 6:31 P.M. There was no one present for Open Mike. Mr. Stimpson made a MOTION to close Open Mike at 6:31 P.M. Motion was supported by Mr. Laden. Motion carried 6 - 0. DATE : November 14, 2018 TIME STARTED : 6:30 P.M. TIME ENDED : 8:57 P.M. MEMBERS PRESENT : Perry Laden, Neil Evenson, Michael Root, Jeremy Stimpson, Michael Ruhland, Paul Tralle, Sue Peacock STAFF PRESENT : Michael Grochala, Katie Larsen, Diane Hankee, Mara Strand Planning & Zoning Board November 14, 2018 Page 2 DRAFT MINUTES V. ACTION ITEMS A. Public Hearing: West Shadow Lake Drive Rezoning Katie Larsen, City Planner, presented the staff report. Ms. Peacock asked how many parcels can be subdivided. Ms. Larsen stated 8-10 parcels can be subdivided. No formal applications have been submitted. Mr. Laden asked if any nonconforming lots will be created with the rezoning. The rezoning will bring parcels closer to conformance. Mr. Stimpson asked for clarification regarding R-1 and R-1X. Ms. Larsen explained that the Shoreland Management District requires R-1 and R-1X lots to be a minimum lot size of 20,000 square feet and 90 feet wide. Chair Tralle asked about utilities and where they will be stubbed. Staff clarified where utilities will start and stop. Chair Tralle opened the public hearing at 6:45 P.M. Jerry Poehling, 6790 West Shadow Lake Drive, asked how it was determined to rezone to R1-X. Chris Bretoi, 6779 West Shadow Lake Drive, asked what implications the rezone will have on taxes. Brian Hansen, 6710 West Shadow Lake Drive, has chickens and is wondering what happens after the properties are rezoned. Board responses: R-1 and R-1X are single family residential districts. Conversations with Council resulted in pursuing R-1X standard. R-1X is more consistent with actual lots. The shoreland overlay district is in place because the lots are within 1,000 feet. Lots that abut the lake are riparian lots and have to meet a minimum lot size of 20,000 square feet. Council has been informed that there may be variances for the lots that will fall under the 90 foot wide standard. Rezoning will not affect property taxes. Chickens will be considered legal non-conforming. Mr. Laden made a MOTION to close the Public Hearing. Motion was supported by Mr. Ruhland. Motion carried 6-0. Planning & Zoning Board November 14, 2018 Page 3 DRAFT MINUTES Mr. Evenson made a MOTION to recommend approval of West Shadow Lake Drive Rezoning. Motion was supported by Mr. Ruhland. Motion carried 6-0. B. Public Hearing: 1288 Main Street and 1325 Main Street-Conditional Use Permit for Commercial Stables Katie Larsen, City Planner, presented the staff report. Mr. Ruhland asked for clarification on the portability of the shelters. The structures can be easily moved. Mr. Laden asked why we are limiting the number of structures on the parcel that is zoned rural, 1325 Main Street. Ms. Larsen explained that a cap is in place for the portable animal shelters. Mr. Stimpson asked for clarification on the 2 acre parcel that is landlocked. The parcel is owned by Anoka County Highway Department. Chair Tralle opened the public hearing at 7:14 P.M. Sandy Nordstrom and Ken Schienbein, 1288 Main Street and 1325 Main Street, stated they understand the conditions. Mr. Evenson asked if 10 units would be enough and the applicants stated it would be. Tonja Sassen, 1266 Main Street, expressed concern regarding the number of animals at 1288 and 1325 Main Street, distance of facilities from property line, manure on walking trails, and proper storage/disposal of manure. Chair Tralle explained that the manure storage will be located towards the freeway. Residents are to call City Hall if they feel the commercial stables are in violation – an inspector will inspect the property. Ms. Larsen explained the timeline of the project. The City will implement annual inspections. Ms. Sassen provided pictures of 1288 and 1325 Main Street to staff and the board. She ask how staff agreed upon 36 animal unit. Carl Sassen, 1266 Main Street, asked how many horses are on the green pastures and noted the property is not a commercial stable, rather a commercial feed lot. Staff noted the property owners have their feed lot registration through the Minnesota Pollution Control Agency. Explanation of the math and conversations behind the result of 36 animal units was given. Planning & Zoning Board November 14, 2018 Page 4 DRAFT MINUTES Mr. Stimpson asked if the ordinance amendment took into consideration the full acreage or usable acreage. Ms. Larsen explained the MPCA, other regulatory neighboring agencies, and cities with similar regulations use gross acreage of the parcel. Ms. Peacock asked if the land is always open to the animals. The entirety of the property is available to the horses 70% of the time. Mr. Laden made a MOTION to close the Public Hearing. Motion was supported by Mr. Stimpson. Motion carried 6-0. Mr. Ruhland made a MOTION to recommend approval of 1288 Main Street and 1325 Main Street-Conditional use Permit for Commercial Stables. Motion was supported by Ms. Peacock. Motion carried 6-0. C. 111 Robinson Drive-Variance for Curb Cut/Driveway Width Ms. Larsen, City Planner, presented the staff report. Chair Tralle asked why the driveway width requirement is 26 feet. Mr. Grochala explained the width was 26 feet, widened to 36 feet in 1998, and was moved back to 26 feet in 2002. There is a public cost to wider driveways in the right-of-way – street reconstruction, public utilities, and snow storage. Chair Tralle asked how much the applicant paid to apply for a variance. Ms. Larsen stated $200 flat fee and $750 for the escrow. Staff explained there is no uniformity among driveways and there needs to be a set dimension. Chair Tralle asked if conversations have been had with the builders and sub-contractors. Staff have had conversations about hosting a home builders meeting with builders this winter. Mr. Laden acknowledged that staff is doing their job and does not have problem with giving this variance. Mr. Stimpson expressed concern with how much the resident is being charged. Mr. Root is looking at the downstream effect but acknowledging the mistake. Suggested charging a fine for going over the 26 feet at the curb cut. There are no easements being encroached. Aaron Kne, 111 Robinson Drive, explained the history of the project and answered questions from the board. Planning & Zoning Board November 14, 2018 Page 5 DRAFT MINUTES Mr. Laden made a MOTION to recommend approval of 111 Robinson Drive- Variance for Curb Cut/Driveway Width. Motion was supported by Ms. Peacock. Motion carried 6-0. D. 47 Gladstone Drive-Variance for Roofing Material Ms. Larsen, City Planner, presented the staff report. Mr. Evenson asked for clarification on how old the metal roof code is. The City started allowing metal roofs in 2001. The issue would have been caught in the approval process if the homeowner applied for a roofing permit. Chris Pomorin, 47 Gladstone Drive, installed the roof. Mr. Laden asked the applicant for clarification on the gauge of the steel roof and stated the ordinance is restrictive. Mr. Grochala explained the reasoning was to eliminate corrugated roofs. Ms. Peacock made a MOTION to recommend approval of 47 Gladstone Drive- Variance for Roofing Materials. Motion was supported by Mr. Evenson. Motion carried 6-0. VI. DISCUSSION ITEMS A. All Seasons Rental Project Update Katie Larsen, City Planner, presented the staff report. Mr. Laden stated he appreciates staff bringing the new proposed plans back to the Planning and Zoning Board. Scott Carlson and Bjorn Carlson, 7932 Lake Drive, are appreciative of the board, City Council, and staff. A landscape architect was hired to conform with city requirements and for business operations. B. 2040 Comprehensive Plan Update Discussion: Proposed Mixed Use and Density Changes Michael Grochala, Community Development Director, presented the staff report. A consensus among the board was in support of the changes. Planning & Zoning Board November 14, 2018 Page 6 DRAFT MINUTES C. Project Updates • Construction work continues on West Shadow Lake Drive. The temporary road has been construction through Chomonix Golf Course. Sanitary sewer is being extended from the south to the north along West Shadow Lake Drive. • Lennar continues work on Watermark. • Tying in new watermain connections on Black Duck Drive. • Love to Grow On is under construction. • Culvert is in between the two ponds. • Lyngblomsten application has been submitted and was deemed incomplete. They are making changes per comments by board and staff members. • Plans and specs have been ordered for Peltier Lake northeast drainage area. • Lino Lakes Storage is making updates and changes. • A feasibility study is needed for using the first house in Lino Lakes as a well house. • Lino Liquors has been remodeled to an E-Cig Shop. VII. ADJOURNMENT Mr. Evenson made a MOTION to adjourn the meeting at 8:57 P.M. Motion was supported by Mr. Stimpson. Motion carried 6 - 0. Respectfully submitted, Mara Strand 1 PLANNING & ZONING BOARD AGENDA ITEM 5A STAFF ORIGINATOR: Katie Larsen, City Planner P & Z MEETING DATE: December 12, 2018 REQUEST: 7859 Knoll Drive Variance for Street and Side Yard Setbacks CASE NUMBER: VR2018-006 APPLICANT: Patrick D. O’Gara 7859 Knoll Drive Lino Lakes, MN 55014 OWNER: Same REVIEW SCHEDULE: Complete Application Date: November 5, 2018 60-Day Review Deadline: January 1, 2019 120-Day Review Deadline: March 2, 2019 Environmental Board Meeting: N/A Park Board Meeting: N/A Planning & Zoning Board Meeting: December 12, 2018 City Council Work Session: January 7, 2019 City Council Meeting: January 14, 2019 BACKGROUND The property owner of 7859 Knoll Drive, Patrick O’Gara, submitted a Land Use Application for a street and side yard variance. He intends on selling his home and wants to have a record of the variance approval for any potential homebuyers. ANALYSIS The 0.76 acre lot was platted in 1948 and is legally described as Lot 19, Block 2, Lake View Woodlands. It is a corner lot on the southwest intersection of Lois Lane and Knoll Drive. The house was built in 1977 and proper building permits were submitted and reviewed by the City. At the time, surveys were not required and setbacks were not verified. 2 The applicable zoning ordinance at the time of construction was the 1971 Ordinance No. 56. The property was zoned Single Family (R-1) District. Per Section 6.04 of the 1971 zoning ordinance: Front Yard Requirements-Each lot shall be a front yard of not less than thirty (30) feet in depth facing any street or road. Side Yard Requirements-For every building erected or structurally altered, each side yard shall have a width of not less than ten (10) feet. The foregoing requirement for side yards shall be subject to the following modifications: (A) On a corner lot, the side yard on the street side of such corner lot shall have a width of not less than thirty (30) feet. In 1983 with the adoption of Zoning Ordinance No. 02-83, the parcel was rezoned to R-X, Rural Executive. It remains zoned R-X, Rural Executive today. The current zoning ordinance requires a local street setback of 30 feet (Lois Lane and Knoll Drive) and side yard setback of 10 feet for principal structures. In October 2018, Mr. O’Gara had a certificate of survey prepared by EG Rud & Sons. The survey indicates a local street setback (Lois Lane) of 26.6 feet, a local street setback (Knoll Drive) of 77.3 feet and a side yard setback ranging from 8.1 feet to 8.3 feet. The house does not meet current zoning setback requirements and cannot be considered legal non-conforming because the structure did not meet the 1971 zoning setback requirements at the time of construction. Mr. O’Gara is requesting the following setback variances: Street or Yard Required Setback Existing Setback Variance Lois Lane 30 feet 26.6 feet 3.4 feet Side Yard 10 feet 8.1-8.3 feet 1.9-1.7 feet The existing house was not constructed parallel to the south lot line; hence the difference between the 8.1 and 8.3 foot existing setback. There is also an existing chimney that extends out 2 feet and is 6.9 feet from the south lot line. The current zoning ordinance allows chimneys to encroach into the permitted setback by 3 feet. Any future improvements needed to the existing chimney would be allowed the 3 foot encroachment. The adjacent house (7851 Knoll) to the south is approximately 38 feet from the existing house (7859 Knoll Drive). 3 CRITERIA AND FINDINGS OF FACT No variance shall be granted unless it meets all the criteria in paragraphs 1. through 7. below. The City shall make findings regarding compliance with these criteria. 1. The variance shall be in harmony with the general purposes and intent of the ordinance. The general purpose and intent of the R-X, Rural Executive District is to provide areas for high value, rural residences. The general purpose and intent of the General Provisions section of the zoning ordinance is to assure compatibility of uses’ to prevent urban blight, deterioration and decay; and to enhance the health, safety and general welfare of the residents of the community. The variance to allow for the street and side yard setbacks is in harmony with the ordinance. The existing house was constructed in 1977 with the setback encroachments and has not caused urban blight, deterioration or decay. The existing rural residential house continues to provide high value and enhances the health, safety and general welfare of the residents of the community. 2. The variance shall be consistent with the comprehensive plan. The variance request is consistent with the comprehensive plan. Per the 2030 Comprehensive Plan, the property is guided for Low Density Residential land use. The existing land use is single family residential with a single family dwelling unit and attached garage. 3. There shall be practical difficulties in complying with the ordinance. “Practical difficulties,” as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by the ordinance. Economic considerations alone do not constitute practical difficulties. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. The property owner proposes to use the property in a reasonable manner as a single family detached dwelling. The existing house was built in 1977 and there is no proposed change in use. There would be considerable economic burden to require to the property to comply with the setback requirements. 4. The plight of the landowner shall be due to circumstances unique to the property not created by the landowner. The plight of the landowner was created by the contractor constructing a house in 1977 that did not meet setback requirements. 5. The variance shall not alter the essential character of the locality. 4 The variance will not alter the essential character of the locality which is a rural residential single family neighborhood with houses. 6. A variance shall not be granted for any use that is not allowed under the ordinance for property in the zoning district where the subject site is located. The variance will not be granted for any use that is not allowed under the ordinance for property in the zoning district. The property is zoned R-X, Rural Executive and single family detached homes are permitted uses. 7. In accordance with MN Stat. 462.357, Subp. 6, variances shall be granted for earth sheltered construction as defined in MN Stat. 216C.06, Subd. 14, when in harmony with the zoning ordinance. Not applicable. RECOMMENDATION Staff recommends approval of the following setback variances and conditions at 7859 Knoll Drive: • A 3.4 foot variance to reduce the street setback from Lois Lane from 30 feet to 26.6 feet. • A 1.7 to 1.9 foot variance to reduce the side yard setback from the south lot line from 10 feet to 8.3 feet to 8.1 feet as shown on the October 22, 2018 Certificate of Survey prepared by EG Rud & Sons, Inc. • Any future improvements needed to the existing chimney would be allowed a 3 foot encroachment as allowed by ordinance. ATTACHMENTS 1. Site Location Map 2. Aerial Map 3. Applicant Narrative 4. Certificate of Survey 5. R-1 District Excerpt from 1971 Zoning Ordinance 0 1,000 2,000500Feet §¨¦I-35W LAKE DRLAKE DRMAIN STMAIN ST CCOOUUNNTTYY PPAARRKKWWAAYYGG 79TH ST79TH ST OAK LNOAK LNJANE AVEJANE AVEWAYNE CTWAYNE CTMMAARRIILLYYNN DDRR ARLO LNARLO LN VICKY LNVICKY LN JAMES STJAMES ST SHEILA AVESHEILA AVEBARBARA LNBARBARA LN LOIS LNLOIS LN OOAAKKCCTTHIGHLAND TRLHIGHLAND TRL ELBE STELBE STHIGHLAND DRHIGHLAND DR KKEELLLLYYSSTT KNOLL DRKNOLL DRNNAANNCC YY DDRR 77TH ST77TH ST CCAARROOLLEEDDRRAPO LLO DR APO LLO D R GEORGEWATCH LAKE100-yr 886.1 Site Location Map µ 7859 Knoll Drive 0 100 20050Feet 947947 955955 971971963963939939 979979931931 78457845 78487848 938938 78607860 78597859 989989 78517851 930930 LOIS LNLOIS LN KNOLL DRKNOLL DRAerial Map7859 Knoll Drive µLake Drive