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HomeMy WebLinkAbout1981-056T Council OrdinancesORDINANCE NO. 56T 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 Commercial and Residential to Duplex Family (R-2), pursuant to the provisions of Ordinance No. 56, of the City of Lino Lakes, the following described real estate: Lot 2, Block 1 and Lots 1, 2, 3, 4 and 5, Block 4, Wollan Estates, according to the map or plat thereof on file and of record in the office of the County Recorder in and for 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 23rd day of February, 1981. 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 55309 TEL: (612) 481-5151 EDMUND P. BABCOCK LANDOL J. LOCHER JAMES M. NEILSON FELIX A. MANNELLA JOHN R. SPEAKMAN ROBERT F. MANNELLA WILLIAM D. SCHUTTER RICHARD W. JOHNSON GARY T. LAFLEUR BARBARA J. GISLASON March 9, 1981 Edna L. Sarner, Clerk -Treasurer City of Lino Lakes 1189 Main Street Lino Lakes, MN 55014 NORTHTOWN OFFICE NORTHTOWN CENTER 117 NORTHTOWN DRIVE BLAINE, MN. 59494 TEL., (612) 786-0850 Re: Ordinance No. 56T - City of Lino Lakes I enclose, herewith, original of Ordinance No. 56T and a copy of letter to the Circulating Pines. Yours very truly, tar71401-1 Landol •. Locher LJL:ev Enclosure BABCOCK, LOCHER, NEILSON & MANNELLA ATTORNEYS AT LAW 118 EAST MAIN STREET ANOKA, MINNESOTA 55808 TEL:(612)421-5151 EDMUND P..BABCOCK LANDOL J. LOCHER JAMES M. NEILSON FELIX A. MANNELLA JOHN R. SPEAKMAN ROBERT F. MANNELLA NORTHTOWN OFFICE NORTHTOWN CENTER 117 NORTHTOWN DRIVE BLAINE. MN. 55434 TEL., (612) 786-0250 WILLIAM D. SCHUTTER RICHARD W.JOIINSON GARY T. LAFLEUR BARBARA J. GISLASON March 9, 1981 Circulating Pines 9201 Lexington Ave. Circle Pines, MN 55014 Re: Ordinance No. 56T - City of Lino Lakes I enclose, herewith, a conformed copy of Ordinance No. 56T 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, City of Lino Lakes, 1189 Main Street, Lino Lakes, MN 55014 Thank you. Yours very truly, Landol J. Locher LJL:ev Enclosure cc: Edna L. Sarner n ORDINANCE NO. 56T 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 herebyamended by rezoning from Commercial and Residential to Duplex Family (R-2), pursuant to the provisions of Ordinance No. 56, of the City of Lino Lakes, the following described real estate: Lot 2, Block 1 and Lots 1, 2, 3, 4 and 5, Block 4, Wollan Estates, according to the map or plat thereof on file and of record in the office of the County Recorder in and for 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 23rd day of February, 1981. F. Kenneth Gourley, Mayor ATTEST: ()z,, : 14D2,se_A) Edna L. Sarner Clerk Treasurer (CITY SEAL) Council Meeting February 23, 1981 Page Four here was discussion as to the location of this sign and if there was enough footage between the billboards located in that area. The Planning and Zoning Board had recommended approval of this sign permit. After some discussion, Mr. McLean moved to table this matter until the matter of the distances could be checked. Seconded by Mr. Kulaszewicz. Motion carried unanimously. The Public Hearing on the Rezoning request by Mr. Schilling for the rezoning of lots in Wollan's Estates from R-1 to R-2 was called to order at 9:50 P.M. This hearing had been continued from an earlier date. Mr. Schumacher read a letter from the City's Planner, Mr. Bill Short that stated the R-2 zoning was consistent with the Comprehensive Plan and he felt this is a good use of the lands since these lots back up to lots that are zoned commercial. 1 \Mr. McLean moved to approve the rezoning of Lot 2, Block 1; Lots 1,2,3,4,1, & 5, Block 4, and to authorize Mr. Locher to prepare the necessary Ordinance. Seconded by Mrs. Elsenpeter. Motion carried unanimously. Mr. Jaworski moved to close the hearing at 10:00 P.M. Seconded by Mr. Kulaszewicz. Motion carried unanimously. ---- Mr. McLean presented the name of Mr. Marlin Hansen as a member of the able Advisory Board. Mr. Kulaszewicz presented the name of Mrs. Carol rntzen as a member of this Board. Mr. McLean moved to approve these appointments. Seconded by Mr. Jaworski. Motion carried unanimously Mrs. Elsenpeter noted that the first meeting of this Advisory Board will be held on March 10, 1981. The Clerk is to mail notices to all members. Mayor Gourley presented a petition for sewers to be installed from the Center of Section 30 and Highway #49 on the South, North to 77th Street and West on Highway #49 to the MMTC. The Clerk had checked the signatures and the front footage and there is approximately 43% of the front footage represented by the signatures. Mayor Gourley read the following prepared Resolution: BE IT HEREBY RESOLVED by the City Council of the City of Lino Lakes, Minnesota, that: 1. A certain petition requesting the improvement of sanitary sewer along Hodgson Road and Highway #49 between the intersection of Hodgson Road and the center line of Section 30 on the South end of the proposed improvement and 77th Street on the North end of the proposed improvement, and along Highway #49 to the Minnesota Corrections Facility, filed with the City Council on February 23, 1981, is hereby declared to be signed by the required percentage of owners of the property affected thereby. This declaration is made inConformity with Minnesota Statute, Section 429.035. Lzre.--)%1-e) (%)"ez -J Variance Rezoning CITY OF LINO LAKES APPLICATION FOR VARIANCE or REZONING NAMES (S) �O FWNE ADDRESS / /% % -pia (96 FEE$ JSG. 2.(.LZ2.„e PHONE .5' =4 c'i Aux) LEGAL. DESCRIPTION OF CELS ,(S) FOR WHICH APPLICATION IS MADE /,a3,/5 5( SIZE OF PARCELS (S) ACRES: FRONT FOOTAGE BY DEPTH REASON FOR APPLICATION ,,Zc + 4.?g,tti„e, ,y-oe DATED ( ,: 30 19 ). This application must be signed by the current owner (s) of the land. SIGNED DO NOT WRITE BELOW THIS LINE PLANNING & ZONING ACTION CITY COUNCIL ACTION STIPULATIONS FOR APPROVAL IF ANY P&Z Agenda Council Agenda REASONS FOR REJECTION, IF APPLICABLE I wiENT — — I j01 . M —.I i I jO56't 1 E = 3I.27 •°44'35 ;I 1 • 4. a= 0°52'07" OUTLOT B L=6 64 130. 17 i ice— ...110.09-- -- S89°5741"E w 0 N ' DRAINAGE EASEMENT 308.00 S89°56I I"E DRAINAGE ASEMENT -----------� .•00• O N \\ `N. LINE, T 14, A. S. No. 138 8 o / N �•/ ul\ 5I 6 (f)// )4.—DRAINAGE a ILITY EASEMENT 1 � 1 • 9, ,4 \\ 1 I I / / iB 4:9/0\_�_— 146.00 —L --- 175.00 / "i - - - 321.00--- N89°56'11"W . �4-9/o , ItS DIANE STREET 22. I 292.67 - N89°56'II"W — , ti 4 3?O/2%ss� 42.93 ----- 249.74 $. y • ' — DRAINAGE a UTILITY EASEMENT / • / m N 0 10 ---570.00 0 DATA: RECORDED = 11°30' R= 1432.7 L = 287. 5 MEASURED = 1I°29'30" R = 1432. 7 L = 287. 35 N89°57'41 "W 467 57 DRAINAGE EASEMENT 9 400. 80 S89°56' 1 I"E 7'-;`= DRAINAGE EASEMENT - 281. 39-0------I`44.001 N89°56' I 1 "W -- : -. • , /• r 14, A. S. No. 138 � 3 N o 3.• �� 39, .. NLY LINE, LOT 15, A. S. No. I38 " . . 481, / 1 MOST NE LY. COR., LOT 15, A.S No. 138 r--------- 2y T ;» st Neer 21.8{ L:40.39 -. R: 1372.7 tz t= 1°41.09" A.C.0 A.S. BARTON-ASCHMAN ASSOCIATES, INC. Ten Cedar Square West/Cedar-Riversid,1610 South Sixth Street, Minneapolis, Minnesota 55454 (612)332-0421 November 12, 1980 Mr. Vern Reinert, Chairman Planning Commission City of Lino Lakes 1189 Main Street Lino Lakes, Minnesota 55014 RE: Request for Rezoning (R-1 to R-2)--Wollans Estates Dear Mr. Reinert: I have reviewed Mr. Schilling's request for rezoning six lots from R-1 (Single - Family) to R-2 (Duplex -Family) and offer the following comments. 1. Land Use The current version of the city's Land Use Plan designates this general area as Expansion Residential (ER). This category is intended to be developed as single-family residential with on -site systems with the provision for future resubdivision into two or more lots. It was noted in the January 14, 1980 review of the Wollan Estates that the commercial use proposed for lots 6, 7, 8 and 9 were not consistent with the Land Use Plan. I would recommend that the Planning Commission, again, discuss this issue with developers in an effort to encourage residential development throughout this subdivision. Throughout the city's Zoning Ordinance, duplex dwellings have been lumped together with single-family dwellings for planning purposes. Generally, duplex dwellings are considered to be of an 41tensity whic s similar to single-family dwellingsaridcan generally be coordinated with single-family deve opments. Therefore, the s z lots proposed for duplexes in this 27 lot subdivision need not be considered significantly inconsistent with the general character of the development. (The proposed duplexes seem to be generally acceptable for this plan due to: 1) good access to Lake Drive (minor a terial)�2-) suitable lot sizes; 3) consolidation into a well defined area that is subtly separated from the rest of the development by Diane Street. Mr. Vern Reinert, Chairman November 12, 1980 Page Two 2. Future Resubdivision This Expansion Residential Zone is intended to allow low density residential subdivisions with on -site systems to develop with the provision that the lots could be resubdivided in the event of future sanitary sewer availability. Since Ordinance 56 requires a minimium lot width of 100 feet for a duplex in a sewered area, then those lots which are 150 feet wide are not large enough for resubdivision. However, since there will be two families (duplex) on each 150 foot wide lot, then the density will be similar to that of a sewered single- family development on 75 5 foot wide lots. The extra lot depth (308 feet) can be utilized to buffer Lake Drive andd the potential commercial development to the east. 3. Lot Size Section 4.23 of Ordinance 56 requires that two-family homes in areas without public water and sanitary sewer shall have a minimum lot area of one acre. Larger lots may be required on the basis of percolation or other tests. Tht lotsproposed for rezoning all appear to meet the one acre minimum lot size. However, Lot 1 is the only lot which appears to have the proper size and dimension to possibly be resubdivided when future sewer becomes available. 4. Data Requirements The site and building plans required for most rezonings are not required for duplex residences as stated in Section 5.03. This gives the city less information on which to base issuance of a rezoning. This is probably due to the low level of intensity of duplex -type developments. 5. Rezoning Procedures In a previous correspondence, we reviewed the city's history of allowing duplex developments. We found that the city had varied its administrative procedure for allowing duplexes between rezoning and issuance of special use permits. Since this proposal has initiated the rezoning procedure, I would suggest that the city continue utilizing rezoning for allowing duplexes at least in those cases where there are more than a few duplexes involved. The city should consider adopting this procedure for reviewing applications for duplexes in an effort to review all proposals in a consistent manner. Generally, our feeling is that the duplex developments are consistent with the intent of the Comprehensive Plan. It should be noted that the commercial development which is located adjacent to the back lot lines of these proposed 1 duplexes is not consistent with the Land Use Plan and whatever opportunities the city has to influence residential development of those currently commercially zoned lots should be pursued. Mr. Vern Reinert, Chairman November 12, 1980 Page Three If the city has any comments or questions of this review, or would like any further review, please feel free to contact me. Sincerely, William F. Short Senior Associate cc: Landol Locher Ken Meister CITY HALL Phone: (612) 464-5562 November 3, 1980 TO: Landowners within 300 feet of subject listed below. SUBJECT: James & Diane Schilling Request to Rezone lots in Wollan's Estates to R-2 The above named landowner will appear at the November 19, 1980 Planning and Zoning Board myeting to request that several Tots in Wolans Estates be Rezone to R-2 (duplex). Since your property is within 300 feet of the above mentioned prop- erty, we are notifying you by mail of this request. If you have any questions, comments or objections regarding this Rezone request please appear at this same November 19, 1980 meeting. Respectfully, Edna L. Sarner, Clerk - Treasurer L> 1-6 7 � 1 i iLj A, c��i C' 0 Council Meeting December 22, 1980 Page Four. f Mr. McLean moved to reappoint Mr. Reinert for another three (3) year term. Mayor Gourley asked for a second three (3) times and there was none. The motion died for lack of a second. Mayor, Gourley moved that Mrs. Jan Klaus be appointed for a three (3) year term.' Seconded by Mrs. Elsenpeter. Mr. McLean had some questions on. the training of Mrs. Klaus. Mr.•Larry Johnson noted Mr.Reinert's qualifications for this position and said he had never heard of such action. He felt this Council was appointing someone they knew nothing about. Motion carried with Mr. McLean voting, No', Mr. Kulaszewicz abstaining. The next item on the agenda was the consideration of Ordinance #79. This .Ordinance sets,the rules and regulations for the conduct of all Commissions appointed by the Council. This Ordinance had been proposed several months ago but had been rewritten for this meeting. Mr. Jaworski moved to adopt. Ordinance No. 79. Seconded by Mrs. Elsenpete. Motion carried unanimously. The next item was the Open Mike portion and Mr. Joel Peterson had asked to present his request for the construction of a pole building on his 20 acres located on 20th Avenue North. The neighbor had objected to the location of the building. This matter had gone before the Planning and Zoning for the consideration of the need for a special use permit since this is a new farming operation. The Planning and Zoning Board had asked for a legal opinion from Mr. Locher and this had not arrived in the office at of this date. The Council listened to Mr. Peterson's presentation and Mayor Gourley told Mr. Peterson that no decision will be made by this Council. This matter is in the hands of the Planning and Zoning and this Council will not interfer in that process. Mr.Peterson said the Planning and Zoning Board had indicated that he coul possibly appear at the special Planning and Zoning meeTing scheduled for January 7, 1981. A recess was called at this point in time. The meeting reconvened at 9:05 P.M. The Public Hearing on the rezoning request for Wollan Estates was called to order at 9:05 P.M. There was no one here to represent the applicant. Mayor Gourley asked if there was anyone in the audience who came to speak either for or against this rezoning and there was none. Mr. McLean moved to continue this hearing until January 26, 1981 at $:00p. econde• • Mr. Jaworski. Motion carried unanimously. Mr. Bill Short, Planning Consultant for the City, presented the amendment to the Comprehensive Plan that had been considered and approved by the Planning and Zoning Board. Council Meeting November 24f 2980 Page Four The next item was consideration of authorization to participate in the 1981 S de Tree Program. Mayor Gourley moved to a)thorize this participation. onned by Mr. Kulaszewicz. Motion carried unanimously. The next item on the agenda was a report on Cable TV from Mrs. Elsenpeter. She had attended a meeting in Blaine on this subject and reported that if the City does not enter into this Service District, then there is a good chance that this City will not receive Cable TV. She suggested that this City petition the City of Blaine to be included in that Service District. Mrs. Elsenpeter presented a Resolution to this effect. Mrs. Elsenpeter moved to adopt this Resolution. Seconded by Mr. Kulaszewicz. Motion carried unanimously Mr. Schumacher presented the actions of the Planning and Zoning Board. Mr. Schilling has requested that the special use permit for the professional building not be discussed at this meeting. Mr. Schumacher reported on the application for the installation of bill boards in the Lino Industrial Park. Under the rules of the MDOT, Bill boards must be in a commercially zoned area and the lands where these structures are - proposed is not properly zoned. Mr..McLean -moved to deny the bill board application for the reasons --of int- properly zoned lands. Seconded by Mr. Jaworski. Motion carried unanimously. fhe next item was the setting of a public hearing for the rezoning of Lots 1 thru 5, in Wollans Estates. Mr. Short had forwarded his recommendations fo the rezoning of these lots from R-1 to R-2. This will be discussed at tL public hearing. Mrs. Elsenpeter moved to set a public hearing for Lot 2 Block 1 and Lots 1 through 5, Block 4, Wollan's Estates for the rezoning:of these lots from R-1 to R-2 for.December 22, 1980 at 8:00 P.M. Seconded by. 1Mr. McLean. Motion carried unanimously. The application of Bastain Products for a special use permit for the installa- tion of a security fence at their location on Lake Drive at Aqua Lane. This is for the protection of their equipment. Motion Mr. Jaworski moved to approve the application for a special use permit for the installation of a fence at that location to be installed 18" inside the property line. Seconded by Mr. Jaworski. Motion carried unanimously. The special use permit application of Mr. Richard Gevey for the operation of saw sharpening in his garage. All surrounding property owners had been notified. This property is located on Hodgson Road which is commercially zoned. Motion Mr. MCLean moved to approve this special use permit. Seconded by Mr. Kulaszewicz. Motion carried unanimously. Mr., numacher reported on some concerns of the P&Z on the construction of bill boards, they would like some sort of a plan to follow as to what type of signs, where they should be allowed and what type of construction from Mr. Short. Planning and Zoning November 19, 1980 The regular meeting .of the Planning and Zoning Board was called to order at 7:38 P.M. by Mr. Heath. Members present; Prokop, Doocy, Bathke and Johnson. Absent: Schwankl, Reinert. The minutes of Oct. 15, 1980 were considered. Mr. Bathke moved to approve as presented. Seconded by Mr. Doocy. Motion carried unanimously. The first item on the agenda was a report by Mr. Schumacher. The Board decided to go to the rezone request of Mr. Schilling for some lots in Wollan's Estates. This firm was not represented - action was delayed. There was a request for the installation of a billboard. The design is acceptable by the Building Inspector. The land is property zoned accord- ing to the ordinance. The construction of the sign met code, and is for general advertising. This bill board construction is planned for the Lino Industrial Park just South of Lilac along I35W. This permit must be approved by the City before submitting to the MDOT for their approval. There was discussion on the present zoning of the lands. The Planning and Zoning noted that only a portion of this property had been rezoned to Industrial - that portion being the lands along Lilac and do not include the location proposed for this bill board. Mr. Johnson moved to recommend approval of this sign permit based on the fact this property is scheduled to be rezoned Industrial in the Comprehen- sive Plan and with the stipulation that all State and Federal Statutes be followed. Mr. Prokop amended to add, "all other appropriate statues be followed." Mr. Johnson accepted the amendment. Mr. Prokop seconded the motion. Motion carried unanimously. The rezone application for Mr. Schilling in Wollan's Estates was considered. Mr. Schilling expained that the lots bordering Lake Drive have a commercial zoning. This for an R-2 zoning for six (6) lots in Wollan's Estates. Mr. Johnson moved to recommend an R-2 zoning,subject to perc tests and soil borings, for the reasons that'T6:s in conformance with the Comprehensive Plan and will give some diversity in R-1 and R-2 structures. Mr.Heath said this is referring specifically Lots 1 thru 5, in Block 4, Lot 2 in B108k 1. Seconded by Mr. Prokop. Motion carried unanimously. The next item on the agenda was a special use permit for Bastain Products for the construction of an eight (8) foot fence to enclose their equipment. This is the building located on the corner of Lake Drive and Aqua Lane. This will be a chain link type fence with a barb wire arm at the top. The fence will be installed 18" inside the property line in order for the arm to be 6" inside the property line. Mr. Doocy moved to recommed approval of this fence. Seconded by Mr. Bathke. Motion carried unanimously The next item on the agenda was an application for a bill board from Acton Construction. This is located on the Acton property which is zoned Industrial. DATE October 30, 1980 TO Bill Short FROM Marilyn Anderson, Deputy Clerk SUBJECT: Rezone - Wollans Estates Enclosed is a copy of Mr. Schillings application for rezone of several lots in Wollans Estates. This item will be on the November 19, I980 Planning and Zoning Board meeting. agenda. Would you please review the request and send your written comments to me by November (2, 1980. Thank you.