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Home My WebLink About1980-056O Council OrdinancesORDINANCE NO. 560 CITY OF LINO LAKES COUNTY OF ANOKA STATE OF MINNESOTA AN ORDINANCE AMENDING ORDINANCE NO. 6 OF THE CITY OF LINO LAKES BY REZONING CERTAIN REAL ESTATE TO DUPLEX FAMILY (R-2). The City Council of the City of Lino Lakes, Anoka County, Minnesota, does ordain: I. Ordinance No. 6, of the City of Lino Lakes, Anoka County, Minnesota, passed by the then Village Council on July 18, 1955, is hereby amended by rezoning from Residential Single Family (R-1) to Duplex Family (R-2), pursuant to the provisions of Ordinance No. 56, of the City of Lino Lakes, the following described real estate: The South 425 feet of the East 420 feet, as measured along the East and South lines, respectively, and the South 425 feet of the West 420 feet of the East 840 feet, as measured along the East and South lines, respectively, both of the East Half of the Southwest Quarter of Section 5, Township 31, Range 22, Anoka County, Minnesota. II. Save as above amended, said Ordinance No. 6 shall stand as initially passed and as previously amended. III. This Ordinance shall be in full force and effect from and after its passage and publication according to law. Passed by the City Council this 28th day of August, 1980. F. Kenneth Gourley, Mayor ATTEST: Edna L. Sarner, Clerk -Treasurer (CITY SEAL) BABCOCK, LOCHER, NEILSON & MANNELLA ATTORNEYS AT LAW 118 EAST MAIN STREET ANOKA, MINNESOTA 55808 TEL, (612) 421-5151 EDMUND P. BABCOCK LANDOL J. LOCHER JAM•ES M. NEILSON FELIX A. MANNELLA JOHN R. SPEAKMAN ROBERT F. MANNELLA WILLIAM D. SCHUTTER RICHARD W. JOHNSON GARY T. LAFLEUR CHARLES H.STANDFUSS October 1, 1980 City of Lino Lakes 1189 Main Street Lino Lakes, MN 55014 Attention: Edna L. Sarner, City Clerk -Treasurer NORTHTOWN OFFICE NORTHTOWN CENTER 117 NORTHTOWN DRIVE BLAINE, MN. 55484 TEL., (612) 786-0250 �., Re: Ordinance 560 I enclose, herewith, the original of Ordinance No. 560. Please type the same in the Ordinance Book, affix the City Seal, sign the same as City Clerk -Treasurer, and have Mayor Gourley sign as Mayor. I have ordered publication, in the Circulating Pines, and ordered two Affidavits of Publication and the statement to be sent to you. Yours very truly, Landol/ Locher LJL:ev Enclosures BABCOCK, LOCHER, NEILSON & MANNELLA ATTORNEYS AT LAW 118 EAST MAIN STREET ANOKA, MINNESOTA 55808 TEL: (612)421-5151 EDMUND P. BABCOCK LANDOL J. LOCHER JAM•ES M. NEILSON FELIX A. MANNELLA JOHN R. SPEAKMAN ROBERT F. MANNELLA WILLIAM D. SCHUTTER RICHARD W. JOHNSON GARY T. LAFLEUR CHARLES H. STANDFUSS October 1, 1980 Circulating Pines, Inc. 9201 Lexington Avenue Circle Pines, MN 55014 NORTHTOWN OFFICE NORTHTOWN CENTER 117 NORTHTOWN DRIVE BLAINE, MN. 55484 TEL., (618) 786-0850 I enclose, herewith, a conformed copy of Ordinance No. 560 of the City of Lino Lakes. Please publish the same in the Circulating Pines in your next publication. Please send three Affidavits of Publication to me and send two Affidavits of Publication and the statement to Edna L. Sarner, City Clerk -Treasurer, 1189 Main Street, Lino Lakes, Minnesota 55014. Thank you. Yours very truly, Landol J. Locher LJL : ev Enclosure CITY OF LINO Ll� COUNTY OF AN STATE OFMINNESOTA 6-4 AN ORDINANCE AMENDING ORDINANCE NO. 6 OP THE CITY OF LINO LAKES BY RE- ZONING CERTAIN REAL ESTATE TO DUPLEX FAMILY (R-2). The City Council of the City of Lino Lakes, Anoka County, Min- nesota, does ordain: I. Ordinance No. 6, of the City of Lino Lakes, Anoka County, Min- 'esota, passed by the then Village l�,,ouncil on July 18, 1955, is hereby amended by rezoning from Resi- dential Single Family (R-1) to Duplex Family (R-2), pursuant to the provisions of Ordinance No. 56, of the City of Lino Lakes, the following described real estate: The South 425 feet of the East 420 feet, as measured along the East and South lines, respectively, and the South 425 feet of the *est 420 feet of the East 840 feet, as measured along the East and South lines, respectively, both of the East Half of the Southwest Quarter of Section 5, Township 31, Range 22, Anoka County, Minne- sota. H. Save as above amended, said Ordinance No. 6 shall stand as initially passed and as previously amended. III. This Ordinance shall be in full force and effect from and after its passage and publication accogding to law. Passed by the City Council this 28th day of August, 1980. /s/ F. Kenneth Gourley F. Kenneth Gourley, Mayor ATTEST: /s/ Edna L. Sarner Edna L. Sarner, Clerk -Treasurer Circulating Pines Oct. 9,1980, AFFIDAVIT OF PUBLICATION Mate ofinneciota, County of ANOKA ab-rt • SS. ' n , being duly sworn, on oath says he is and during all the times herein stated has been the publisher and printer of the newspaper known as CIRCULATING PINES and has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the English language in newspaper format and in cblumn and sheet form equivalent in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each week. (3) Said newspaper has 50% of its news columns devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75% of its total circulation currently paid or no more than three months in arrears and has entry as second-class matter in its local post -office. (5) Said newspaper purports to serve the C i V of Lino T,-,ke6., in the County of Anoka , and it has its known office of issue in the City of Circle Pines in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer of said newspaper or persons in its employ and subject to his direction and control during all such regular business hours and at which said newspaper is printed. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least two years preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by 1t' '� C i �� r and sworn to before a notary public stating that the newspaper is a legal newspaper. He further states on oath that the printed rd n nce Arcrindinc7. Drdir_=ncy : 5 of the City of Lino L krs hereto attached as part hereof was cut from the columns of said newspaper, and was printed and published therein in the English language, once each week, for o r. "- (1) sueeessiveweeks; that it was first so published on + h u r `,s d 9 y the ninth (n) day of c ob e r I 19 C C alas ay of , i9- and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to wit: abcdefghijklmnopqrstuvwxyz Subscribed and sworn to before me this / V. S. PETERSEN NOT '' Pv3L C—MiNNESOTA arial Sea,WOKA COUNTY MY COMMISSION EXPIRES 2-16-1983 19 e/ Notary Public, $L County, Minnesota My Commission Expires 19 August 28, 1980, The Special Meeting of the Lino Lakes, City Council was called to order at 8:00 P.M., on August 28, 1980 by Mayor Gourley. Council Members present; Elsenpeter, Kulaszewicz, Jaworski. Absent; McLean. Mr. Schumacher was also present. ife Public Hearing for Rezoning was,called to order at 8;05 P.M. Mr. Brian Dobie had requested the Rezoning from R-1 to R-2, Tracts A & Q in his add- ition. Mr. Schumacher read the notice of publication. Mr. Schumacher reported this had been reviewed by the Planning and Zoning Board at their last meeting and that Board had recommended approval of this rezoning. Mr. Dobie said these lots are on the market at the present time - he has no plans for the development of.the area himself. He felt that double bungalows or duplexes abutting Main Street would provide a good buffer for the single family residential area to the North. Mr. Kulaszewicz asked why he had requested this zoning on those tracts and Mr. Dobie said this would make the property more attactive and provide a shield from the traffic on Main Street. Mr. Dobie repeated that he has no plans for developing those lots - they are for sale. Mayor Gourley asked for comment from the audience and Mrs. Gottwaldt asked where these home would be constructed - would they have access to Main Street? Mr. Dobie said just the first two tracts of land on either side of Wood Duck Trail and that the homes would be constructed so as to face that street. Mrs. Gottwaldt asked what classification of home would be constructed? Would ese be low cost housfing? Mr. Dobie said that the Building Codes would ',rave to be followed thus ensuring standard homes, Mr. Mike Ellefson - 620 Main Street said they had a nice neighborhood and he ask if low income -.housing is coming in that area? Mayor Gourley said this rezoning is just for Tracts A & Q and only a duplex or double bungalow can be constructed on those parcels of land - not multi- family dwellings of any greater size. Mr. Jeff Jones - 8042 Wood Duck Trail objected to the rezoning he felt that the construction of R-2 would depreciate his property. He felt this zoning would increase traffic and that rental property is usually neglected and ends up being a detriment to the neighborhood. Mr. Russ Krube - 8121 Wood Duck Trail - said he had no objections to this rezoJing (% The Council had no further questions. Mr. Jaworski moved to approve the Rezoning of Tracts A & Q, Brian Dobie's Addition, from R-1 to R-2. Seconded by Mr. Kulaszewicz. Motion carried unanimously. Mr. Jaworski moved to close the hearing at 8:35 P.M. Seconded by Mr. Ki aszewicz. _Motion carried unanimously. .,iyor Gourley presented a request for the use of the Council Chambers by Control Data for 8 weeks for class room. There would be approximately 20 persons, 5 days a week, for instruction in computer classes. After some discussion, it was suggested that Mr. Schumacher present the Council's L.. Variance Rezoning CITY OF LINO LAKES APPLICATION FOR VARIANCE or "FEE$ 1 J qD REZONING 1c `o NAMES (S) OF OWNER 16/4A) ADDRESS / 96 g '2 KELG'% 'Oe 'e . PHONE 691 - o / 9 2 LEGAL DESCRIPTION OF PARCELS (S) FOR WHICH APPLICATION IS MADE See AT-t-AeK eiz> fir// �l 7 4 c-i'5 A Ck SIZE OF PARCELS (S) 13,5 Each Ex 4. 1 i>"*)4 ./ 4C>4." ( ACRES: RONT FOOTAGE "392. BY DEPTH 390 REASON FOR APPLICATION W4- -1 `T DATED Z l- /O 19 g2. This application must be signed by the current owner (s) of the land. PLANNING & ZONING ACTION CITY COUNCIL ACTION, DO NOT WRITE BELOW THIS LINE STIPULATIONS FOR APPROVAL IF ANY P&Z Agenda Council Agenda REASONS FOR REJECTION, IF APPLICABLE • mot 91--ta l.•.s,rE 1.0 a.aa GO.=a,. p1ma.r 0 a 0,00 00 0, 4.49,411 1 S At,. (..alit ►0.<.,.. �. Aa+a Or.® I0..e..• 1 a3 Atab Ga..., P'1•.03' ♦.s.00' 3a3.0 +• iH sa .ia9. D0 l ROA—DWAY AND nRAINAGE PLAN TA ACT R T4a64•0• l ?MAC,. ®• 4a.a,♦ H.may TRAe-5 003.0. TRACT T Moe • CET TE IMOE•tl Sw.a Oft Initials4 Date Prepared by Approved by , REZONE - Brian Dobie Brian Dobie 1968 Berkley Avenue St. Paul, Mn. 55105 2 3 4 Date Charges Payments Balance 0, /i`80 2 1 2 3 U /A /p U� t� ` ✓� � �� 3 4 5 5 6 6 7 7 8 8 9 9 10 10 11 12L, 11 12 13 13 14 14 15 15 16 17 rt 18 16 � I 17 18 19 19 20 20 21 22 23 24 25 26 27 28 21 22 23 24 25 a 26 27 30 31 28 29 30 31 32 33 32 33 BABCCCK, LOCHER, NEILSON S MANNELLA ATTORNEYS AT LAW 118 EAST MAIN ANOKA, MINNESOTA 55303 r 1 CITY OF LINO LAKES 1189 MAIN ST LINO LAKES MN 55014 08927,155 002 90002 BRIAN R. DDBIE REZONING DATE 09/30/80 PLEASE DETACH AND RETURN THIS PORTION WITH YOUR REMITTANCE AMOUNT REMITTED $ DATE DESCR IPTION vK��,Iti!�e;/�s��s� d` .00 09-12-80 09-18-80 BABCOCK, ATTORNEY • PROFESSIONAL SERVICES CALL TO MR. DOBIE FOR LEGAL DESCRIPTIONS FOR REZONED. LAND (6 MIN) REVIEW LEGAL DESCRIPTIONS FROM MR. DOBIE, DRAFTING.REZONING ORDINANCE AND LETTER TO CIRCULATING PINES S CITY CLERK TREASURER (40:MIN) LOCHER, NEILSON E MANNELLA S AT LAW CURRENT—F EES BALANCE DUE 5.00 30. 0.0 35.00 35.00 ) A' sic. S-SI•fl MM.N' 1 H••w'ta'8 .4 aaa• Oaaeer Maei.l !kys I TOW OP aaa• OP Pot Ea.4r,40 I Ac4• foaa4•r Mae•.. 0.$ Aces a... fie. a• T•m.... K " IS Aaa• 4 Ma4aa Tv aaT E• Paorose• �\ 0.1 ..ca• Pe a fi 1•.1.90" .I j s E.•.r.+a Pa.aart ®,T4.. 409 .00' 440.0e Ta acr `i� e•' S33,00' R•44 i0 TRALT R • See e: TRACT 5 TRAIL f r•i'f•''a an.« Tasty c. fi41.r• 041. 4f•4f•E ROADWAY AND DRAINAGE PLAN 3- 'TheRegualr meeting of the Lino Lakes Planning and Zoning Board was called to order at 7:30 P.M. on July 16, 1980 by Acting Chairman Heath. Members present; Prokop, Doocy, Schwankl. Absent; Reinert, Johnson, Bathke. The minutes of June 18,1980 were considered. Mr. Heath asked that the minutes be amended to read that a motion was made to have the Attorney look into changing the Ordinance on Special Use Permits with the idea that special USE� permits should be different than actual zonings. Mr. Doocy moved to approve as corrected. Seconded by Mr. Prokop. Motion carried unanimously. Mr. Bill Short was present to comment on Lakes Add. #7. Mr. Short said he recommended this be considered as R3. This would be under #56C. He said he analyzed as R5. He said he had reviewed as both R3 and R5. R5 would require 16,000 square feet - all lots qualify under this - the lot width is 150' at building setback line and there are some that'do not meet this requirement. Basically these are lots located on cul-de-sacs. Mr. Short also indicated there are some problem soils in this area that the developer should be aware of. The parking is adequate Mr. Short said, although the park land dedication' had been satisfied for this land, thedeveloper should -consider a small tot lot for the use of just these units. Mr. Blackbird said they are considering 3 small swing set type tot lots. Mr. Short questioned the utility line running thorugh the property - it is not shown on the plat. He also questioned the lack of a storm water easement. Mr. Short suggested that in areas such as this, there should be some pro- visions for outside storage area. The two major areas of concerns is the frontage of some of the lots and the zoning. Mr. Heath felt this will need to be resolved by the Council. Mr. Schumacher felt the type of zoning existing at the present time, it will al this type of construction. The Enviornmental Assessment Worksheet was considered. Mr. Short said the acceptance of this is the responsibility of the City Council. This must be done prior to the final approval of this plat. Mr. Short had reviewed this worksheet and his comments were a part of his letter to the Planning and Zoning Board. Mr. Blackbird commented on several of the points made by Mr. Short. Basically, the discussion on this will be held until scheduled at 9:00 P.M. The first item on the agenda was Mr. Rudy Tschida. He was not present. The next item to be considered was a special use permit for Mr. Spetzman. Mr. Johnson arrived at 8:10 P.M. Mr. Spetzman questioned the need for a special use permit since the entire three acres was zoned commercial. Mr. Schumacher explained that any time a commercial building is constructed in an unsewered area, thar-e must be a special, use permit for the construction of the building. This is to be a wood frame building with the inner walls sheet rocked. The request as stated in the rezoning application had set forth a cement block building. This building will have no running water and no need for septic ., system and will be used for a transmission repair shop. There was some d_ cussion on the possible pollution of the soils with the oil. Mr. Spetzman felt this is not a danger. Planning and Zoning July 16, 1980 Page Two There was discussion on the fact there is no water in the building and the work involves flamable materials. Mr. Spetzman said there are fire extinguishe cement floor and 5/8" sheet rock walls. He felt there is very little danger of fire getting a start. Mr. Spetzman said there is always the possibility of a fire but felt this has been considered and preparations made for this possibility. Mr. Johnson moved to recommend this special use permit be approved with the stipulation that an outside storage be constructed and screened from Highway #8. Mr. Doocy added this building to be inspected by the Building Inspector and the Fire Marshall with an annual inspection prior to the annual review. This was accepted by Mr. Johnson. The motion was seconded by Mrs. Schwankl. Mr. Johnson restated his motion to recommend this special use permit be approved with the stipulations that an adequate storage shed be erected to shield outside storage to screen from Highway #8 and neighbors and that the Building Inspector be instructed to take special note of the fire & safety hazards. Seconded by Mrs. Schwankl. Motion carried unanimously. Mr. Spetzman was told this will be before the Council on the 28th of July, and he should plan to attend. The next item on the agenda was a variance for,.r. David Kroona. Mayor Gourley reported on the house porposed to be moved into the City. He said the house was in excellent shape as to construction, the electrical and plumbing would have to be inspected. The one problem was the house has o;vly 816 Square feet. Mayor Gourley said the area the house it proposed to be moved into has homes 'IsNf similar construction type. Pictures of the surrounding homes r,Zg,s presented for the Board's consideration. Mayor Gourley said, if this house was to be moved into a newer area, it would look out of place, but in this area the house blends in perfectly. The proposed locations is on Sunrise just South of Rustic Lane. It will be put on a full basement and a double garage will be moved in at a later date. Mr. Doocy moved to recommend approval of the variance. Seconded by Mrs. Schwankl. There was discussion as to the building inspector's comments on this building and Mr. Schumacher said he had not heard any negative comments. The motion carried unanimously. The next item on the agenda was a variance for Stanley & Wendy Brown for the moving of a house from on Main Street to a location on 77th Street East Highway #8. Mayor Gourley reported this house contains 864 square feet and is a well constructed home and all rooms meet City codes. The garage will not be moved. This is to be moved into an area of housing mixtures and some are similar in construction to this one. This variance is for a lot split and a home that contains less than the required square footage. There was some concern on an existing shed - the general consensus was this shed would probably have to be moved. Mr. Prokop moved to recommend approval of this variance to divide the lot according the attached survey and to allow this house to be moved onto this lot. Seconded by Mr. Johnson. Motion carried unanimously. Zhe next item to be considered was a suggestion of Brian Dobie's for the splitt- ing of Lots S & T and the rezoning of A & Q. Mr. Dobie proposed to combine these two lots and then split them into three lots with at least the required 24 acres and more than the require.front footage. Planning and Zoning Meeting July 16, 1980 Page Three Mr. Dobie is asking for direction from this Board. The general consensus of this Board was that they found no objections to this proposal. Mr. Dobie's rezoning request was considered. He is asking a R2 zoning on Tract Q & Tract A. These parcels contain 3+acres. The lots are just off Main Street and Mr. Dobie felt this would be a good buffer for the residential area. The types of soils in this area was discussed as was the topog. Mrs. Schwankl moved to recommend to the Council the rezoning on Tract A & Q be granted from R1 to R2. Seconded by Mr. Prokop. Motion carried unanmioulsiy. The public hearing on this matter will be set by the Council. A recess was called at this point in time.: The meeting was reconvened and \the plat of Lakes Add. #7 was next on the agenda. Mr. Heath presented the comments of Mr. Short that had been made earlier in the meeting. Mr. Heath asked Mr. Schumacher if this Board is to deal with this as a feasibility plat or.•.is this a preliminary plat? Mr. Schumacher said this is a preliminary plat. Mr. Johnson said that when the area was originally platted, it is true this was designed for twonhouses, but, at that time there was also an 18 hole golf course, marina, nature trail, etc., which lowered the density figure. In 1973 Mr. Jandric replatted the back 9 holes of the golf course into single family lots and according to Mr. Johnson, Mr. Jandric has said, "if he was allowed to developed this portion of the golf course into single family lots, he would remove the townhouses" and according to Mr. Johnson, this was so designate, on the plats. Mr. Johnson said this plat was never apporved because the owners in the are:,instituted a law suit against Mr. Jandric and the area was never developed. Mr. Johnson presented some figures for the computations of density - he had consulted with Shoreview and North Saint Paul, and they use census and current occupancy in similar construction. They found that in a 2 bedroom unit the average is 3.3 people and a 3 bedroom unit, the average is 4.0 people and the maximum is 14 quad per acre - about 12 people per acre. The plat as pre- sented averages out to approximately 18.6 people per acre. Mr. Johnson presented some reasons why this type of construction was denied in Shoreview. He aslo pointed out a denial in Maplewood and presented their reason. He also cited an area near Lake Elmo that is having a problem with water - this is being blamed on an area that had been allowed to develop and run-off is flooding a lower area. Someone asked about the drainage - would this be planned so as not to cause problems in the existing area? Mr. Schumacher reminded the Board that all plats must be cleared by the RCWB, this is their responsibility. The letter from Carely Engineering was read in reference to this plat. Mr. Blackbird agreed there are corrections to be made but they are minor. Mr. Blackbird said there are many porjects that have been approved with a high density than planned in this area. Mr. Blackbird pointed out that this/had been specifically issued a special use permit at the time of platting to avoid this very problem that was occuring now would be avoided. Planning and Zoning Board July 16, 1980 Page Four Mr. Busch, Mr. Jandric's Attorney had made specific note of this in the meeting at the time the special use permits had been issued tothe outlots. Mr. Cody asked if a plat had ever been accepted and filed for those outlots? He had a letter stating that the file had never been filed. Mr. Cody said that a special use permit cannot be used as a rezone tool, there must be a rezoning with a public hearing. He presented a copy of a case - Mr.Johnson asked Mr. Blackbird, if when the final plat is presented, will the bedrooms be noted and Mr. Blackbird said, Yes, this is just a sketch. Mr. Benson presented some figures as to the selling prices of comparable homes in the area. He asked how these units could..be sold for the figure Mr. Blackbird had quoted and Mr. Blackbird said, probably due to land costs. Mr. Alt, owner of the duplex, said there is 5 people living in his unit and felt that they were crowded. He felt this was a big unit for a small parcel of land. There was discussion on the amount of green area in the area and Mr. Black- bird said the City requires 35%. One person said he got the impression that Mr. Blackbird had a mandate from the Council and that he is going ahead with this project regardless of what this Board say. Mr. Blackbird said the he is complying with the Ordinances. That his firm had bought the land and had submitted a plat. The person asked where this left the Planning and Board and Mr. Heath siad he didn't know what ,.they were supposed to do or what their options were. Mr. Cody felt that local government should represent existing residents and it would seem this City Council is not doing that. The unidentified person said it would appear to him the Council is representing the people who have not even moved in the area. Another resident made a suggestion, that before this goes to the courts, that 3 or 4 Attorneys be contacted to sort this out. He felt legal advise was' needed and more than the City Attorney could give. Mr. Johnson pointed out that Mr. Locher had ruled that the speical use permit was still valid and could be develop subject to approvaloof a plat. Mr. Benson said he had looked at the Comprehensive Land Use Plan and felt this area had been designated as single family residences. He felt that this Board was to represent the people who oppose this development. Mr. Johnson said he had talked to an appraiser that the construction of quads would depreciate their property and that the current owner of adjacent pro- perty could sue. Mr. Heath said the Board must take some action and he asked what their actions should be. Mr. Schumacher explained ,0-+(r. Schumacher said this is a preliminary plat and should be handled as such. here are recommendations of the Planner and Enigneer to be considered. Mr. Johnson asked how the density was figured - he said he didn't know how Mr. Balckbird got his figures. He felt the subject of density should be looked into. Planning and Zoning July 16, 1980 Page Five Mr. Prokop moved the preliminary plat be rejected for the reasons specified in Mr. Short's letter of 7/15/80. Items 3 -4 -6 -7 -8 -& 9, plus the EAW has not be provided, the plat does not specify the number of bedroo., in order to compute the estimated density of the area and until such time as those issues be settled, this Planning and Zoning Board cannot take action on this plat. Mrs. Schwankl asked if bedrooms need to be shown on a preliminary plat? Thef.,motion was seconded by Mr. Johnson. Mr. Prokop felt that the density problem is such that this is necessarybvfor the plat`'to be considered. Mr. Schumacher said this is a good point but he felt some direction should be given to the deveoper in order for him to have something to work with rather than leaving the issue blank. Mr.Johnson repeated his information on the quads as allowed in North Saint Paul and Maplewood. Mr. Doocy asked if the motion was passed, would this prevent Mr. Blackbird from coming tothe next meeting with a revised plat? He was told, No. The motion carried with a 3 to I vote. Mr. Prokop was confused on the special use permits. He pointed out that a special use permit is issued to the property and not to the person. Mr. Prokop said the Council had said they had never held a hearing to cancel a special use permit, but there had been a special use permit cancelled in 1973. Mr. Prokop understand that the Council in 1970 said this special use permit war'', not valid until the plat was filed. Mr. Prokop wanted to review the whole ten year period of this subject. Mr. Johnson said this special permit is valid according to the City Attorney and, at this point in time, that is what this Board has to work with. Mr. Prokop moved that the Planning and Zoning request the Council to review this whold ten year history of this particular piece of property. Seconded by Mr. Doocy. He noted that at each meeting on this subject, it seems that more information is brought forward. Motion carried unanimously. Mr. Prokop asked if the Planning and Zoning Board has any information on the review of the existing special use permits? Mayor Gourley said these are being considered by the Council at this time. Mr. Prokop said he would like a list of the existing special use permits. Mr. Rudy Tschida had not arrived. Mr. Heath asked about the Krysinski's special use permit to sell used cars - this had been tabled, but he is still selling used cars - what is the status of this? Mr. Schumacher said he had received some plans but they had been incomplete and he had returned them to the applicant for completion. Jerry Carlson, 6808 E. Sandow Lake Drive. - He asked if there was any designa- tion for Outlot F? Mr. Johnson said this is NSP property - and they had proposed to give this to the City, but, at this point in time the City has not accepted. Mr.Heath asked for Council action report from Mr. Schumacher. Mr. Schumacher said all the action is in the minutes, unless someone had a specific question. Mr. Prokop moved to adjourn. Seconded by Mr. Johnson. Aye. Council Meeting July 28, 1980 -Page Seven compatible with the area to be moved into. Mr. Kulaszewicz moved to approve this variance on that basis. Seconded by Mr. MCLean. Motion carried unanimously I h Three - a variance request from. Mr. Brown for the division of a lot and the movaing of a house onto the lot. This is two variance.requests on one applica- tion 1) to split the lot 2) vary the minimum square footage. This houseis proposed -to be moved onto a lot on W. 77th street. just North nf., I35W. :This house had also been inspected and found the construction.is, good. There was discussion on -this home not being compatible with this -area.'. This house need 96 square feet to qualify for the required footage. Mr. Brown was asked ifhe had any plans for the enlargement of this home. Mr. McLean felt this should be denied unless a plan is presented for -the enlarging of this home. Mayor Gourley suggested`deleting,.the variance request for the house and consider the lot split at_'this time. 'Mr. McLean moved to approve the variance for the spitting of the_lot. Secondedby Mr. Kulaszewicz. Motion carried unanimously. Mayor Gourley suggested the moving of the house could be approved provided the, house is brought up to_.the required footage. Mr. Kulaszewicz moved to approve this request with that stipulation. Seconded by Mr. McLean. Motion carried unanimously. _. y )fr. Brian Dobie had requested Tracts A & Q to be rezoned to R2. These lots border Main Street on either side of Wood Duck Trail. Mrs. Elsenpeter moved to s "s a public Hearing on this rezoning for August 28, 1980 at 8:00 P.M. Seconded b Ar. Kulaszewicz. Motion carried unanimously. The Planning and Zoning Board had requested a ten year review of the special use permit and the platting procedures concerned with the Country Lakes development. Mr. Schumacher felt the Council had made a decision that the special use permit had been declared valid and the Planning and Zoning Board should make a decision on the preliminary plat based on that decision. Mr. Schumacher suggested that the Board meet 30 minutes early to discuss this problem. Mayor ourley felt that three things should be conveyed to. the Planning and Zoning Board 1)the Council has made a decision on this special use permit; 2) The P&Z should be reviewing the plat in relationship of its conformity to the City Ordinances and 3) the Council will sit down with the Planning and Zoning Board and discuss their role as a planning commission. The next item was consideration of amending the ordinance on platting fees. Mr. Mike Johnson presented the research he had down on this. Mr. Johnson had researched the past three years in reference to the average costs for the plats completed. His recommendations was for the platting fees to be increased to $500.00. Mayor Gourley asked Mr. Locher, if the total fees come in less than the $500.00, does the ordinance provide for a refund? There was some discussion on this matter with Mr. McLean suggesting that the entire group of fees and return to t''-'\ Council with a proposal. The Council agreed with this procedure. The next item was consideration of the 1980-81 Labor Contract for the Maintenance personnel. Mr. Schumacher pointed out the changes in this contract. 10% salary increase for 1980 - 9% for 1981 and 2.77 per month increase in H&W benefits for 1981. DATE July 10, 1980 TO All Planning & Zoning Board Members FROM Marilyn Anderson, Deputy Clerk SUBJECT: Brian Dobie Subdivision - Lots "S" & "T" Mr. Dobie would like to talk to the Board about combining these two lots and then splitting them three ways. Each of the three new lots will be more than 2 acres with at least 150' on the street Bluebill Lane. This will be for information only. P ism r 'rag n 111A1�1 2 3 1 13 !kV NaI, Ewa�I 4 3 0pommumommo opaTm d P,lib 0nn■ol oAIa � mil thommiug 0a o�00a Oiler „ RI NORTH • ob __JI11m11ei111ooamo oil •o!ipro•--N oMI. JIIIIIIIII °111 rig M 2 3 4 5 5 Pilaff 5 T 2 4 5 2 9 2 3 4 10 5 LINO LAKES REHABILITATION CENTER dItk s kr 1 '/5 • 7 /4 /0 No.L N•Q v t Qi /6haw/� �dA144' A . . Ors SU B. / 134 z GI