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HomeMy WebLinkAbout09/11/2019 P&Z Minutes APPROVED MINUTES CITY OF LINO LAKES PLANNING & ZONING BOARD MINUTES PLANNING & ZONING BOARD MEETING I. CALL TO ORDER AND ROLL CALL: Vice Chair Root called the Lino Lakes Planning and Zoning Board meeting to order at 6:30 P.M. on September 11, 2019. II. PLEDGE OF ALLEGIANCE III. APPROVAL OF AGENDA The Agenda was approved as presented. IV. APPROVAL OF MINUTES Mr. Ruhland made a MOTION to approve the August 14, 2019 meeting minutes. Motion was supported by Mr. Laden. Motion carried 6-0. V. OPEN MIKE Vice Chair Root declared Open Mike at 6:31 P.M. Jaron Heath, 441 Birch Street, expressed concerns with construction around his house related to the St. Claire Estates development. Heath presented pictures to the Board. Vice Chair Root asked staff how the City handles the issue. Mr. Grochala stated that if an issue comes up during construction, the City will catch it through the inspection process. Mr. Root asked if he contacted the City when the problem came up. Mr. Heath stated that the contractors promised to fix everything but took their time but felt his complaint was minimized because it was not his property. The project was an extension of the sanitary sewer and water project. DATE : September 11, 2019 TIME STARTED : 6:30 P.M. TIME ENDED : 8:17 P.M. MEMBERS PRESENT : Michael Ruhland, Michael Root, Sue Peacock, Neil Evenson, Perry Laden, Jeremy Stimpson MEMBERS ABSENT : Paul Tralle STAFF PRESENT : Michael Grochala, Katie Larsen, Diane Hankee, Katharine Dowlding, Mara Strand Planning & Zoning Board September 11, 2019 Page 2 APPROVED MINUTES Mr. Stimpson asked about a long term decision for Mr. Heath’s driveway. Staff stated that there is a shared driveway easement, in his favor, over that property and that the existing driveway was originally on the neighboring property’s edge. Ms. Larsen stated improvements to the driveway is not an issue. Mr. Laden stated that he was concerned about Mr. Heath’s property and that he appreciates him coming to Open Mike. Mr. Evenson made a MOTION to close Open Mike at 6:41 P.M. Motion was supported by Mr. Stimpson. Motion carried 6-0. VI. ACTION ITEMS A. PUBLIC HEARING: Conditional Use Permit for Open and Outdoor Storage for Direct Bore, Inc. (502 & 510 Lilac Street) Ms. Katie Larsen, City Planner, presented the staff report. The Board unanimously agreed to not require curb and gutter. Mr. Evenson asked about possible damage to the existing coniferous trees. Additional language will be added to the Conditional Use Permit regarding the replacement of trees if damage occurs. Mr. Laden asked if the outdoor storage area will still need to be fenced. Ms. Larsen confirmed that there needs to be a fence but does not need to be a screened fence. Mr. Stimpson mentioned tightening up the fence line and questioned parking area changes due to business growth. Ms. Larsen stated this issue is a concern and that we have the ability to do annual inspections on CUP’s. It would be spelled out in the resolution that the bituminous pad is the only place the storage area could be. Mr. Ruhland questioned the process for removing the house on the property if it went vacant for a year. Staff stating that there wouldn’t have to be a specific date for the removal of the house, but it does need to stay in compliant condition. The structure itself could be converted for another use, such as an office, etc. An annual report on file showing the use status of the house benefits the property owners, as well as, it tracks their interest and allows them the non-conforming status. It was summarized that the east and south side fence can stay chain link, with or without slats, and coniferous landscape screening shall be maintained for screening along the east and south sides, or the owners have the option of putting up a privacy fence. Ms. Larsen restated that the City proposes that the fence north of the outdoor storage area and south of the house shall be a true privacy fence. Planning & Zoning Board September 11, 2019 Page 3 APPROVED MINUTES Mr. Stimpson mentioned Bald Eagle Erectors, another industrial property with parking in the rear, and how it was required to have an aesthetically pleasing fence facing a public right of way. Mr. Grochala mentioned that there are a lot of similarities between the properties, as it was a non-conforming exterior storage area; the property owner updated their CUP and brought everything into conformance. Mr. Laden doesn’t see a reason to require a privacy fence. Mr. Stimpson stated that the future land use plan zones the property across the street commercial. Mr. Grochala explained that per the ordinance, any industrial building facing a public right of way requires an 8ft high privacy fence. Mr. Evenson stated a privacy fence should be required. Mr. Laden asked about the recommendation that requires the property owners to provide a lease agreement annually and if that is required for other non-conforming homes. Staff explained that there are likely other non-conforming homes, but they cannot be pin-pointed to implement this lease agreement requirement. When the City issues CUP’s, that is the opportunity to implement this requirement. This requirement was mentioned by the City Attorney. Vice Chair Root questioned the site performance agreement. Ms. Larsen stated that the applicant submitted cost estimates and 35% will be secured to ensure the work is done. Mr. Evenson questioned the future of the property. Ms. Larsen stated that the land will all be one parcel and they will not have the ability to sell off the house. Mr. Evenson questioned the house to the east. Ms. Larsen confirmed that they can continue as is, the property is not being rezoned, it is legal non-conforming, and they can sell their house without restrictions. Mr. Ruhland questioned a gate on the east side behind the accessory building. Cindy and Shawn Goldade, from Direct Bore Inc., stated that their intention is to have a chain link fence around the property with a rolling gate to be able to mow grass. The applicant does not think an 8 foot high privacy fence between the house and storage is necessary. The applicant does not feel it is necessary to provide a lease agreement to the City. Mrs. Goldade stated that they want to keep the property as two addresses. Mrs. Goldade questioned if a Termination Agreement or similar document should be drafted by the applicant or the City. The City Attorney will draft that document. Mrs. Goldade responded about tightening up the fence by stating that the fence size was chosen due to not wanting to lose area for snow storage. Vice Chair Root opened the public hearing at 7:37 P.M. Planning & Zoning Board September 11, 2019 Page 4 APPROVED MINUTES Marty Bland, property owner of the parcel to the south, explained that they would like to stay zoned General Business. Ms. Bland stated that they would like a fence on their north side (south side of Direct Bore property). Ms. Bland understands that there are trees right now but questioned what the recourse would be if the trees were damaged or removed. Vice Chair Root and Ms. Larsen explained that the Bland property is not being rezoned Light Industrial. Mr. Evenson made a MOTION to close the Public Hearing. Motion was supported by Ms. Peacock. Motion carried 6-0. The Board and staff discussed the chain link fence around the outdoor storage perimeter. Planning and Zoning Board recommendations: 1. Curb and gutter not required around outdoor storage area. 2. The existing mature coniferous trees along CSAH 12 (Apollo Drive) and the south property line as shown on Certificate of Survey are acceptable for landscape screening. The type and number of trees shall be maintained or an 8 foot high fence, in conformance with the Buffer and Screen Standards provisions of Section 1007.043(17)(f) as amended, shall be installed. 3. A solid 8ft tall privacy wood, vinyl, composite, or similar fence be shall be installed along the north side of the storage area. 4. The three parcels shall be combined into one parcel. 5. The combined parcel shall have two addresses. 6. A Termination Agreement shall be drafted by the City Attorney, executed by the applicant, and recorded against the parcel 7. Annually, the property owner shall provide a copy of the rental lease agreement, related to the single-family house, to the City. (Amended to: The property owner shall maintain records of lease agreements. Agreements are to be made available at the City’s request. Amendment proposed by Mr. Laden, supported by Mr. Ruhland and Mr. Evenson) 8. Open and outdoor storage is only allowed in the area labeled bituminous surface, shown on C2 Civil Site Plan. 9. Single-family home can be continued if compliant. 10. Inspection report regarding the septic system is submitted and approved to the building department. Mr. Evenson made a MOTION to approve the Rezoning and Conditional Use Permit for Open and Outdoor Storage for Direct Bore, Inc. (502 & 510 Lilac Street) with conditions. Motion was supported by Mr. Stimpson. Vice Chair Root opened discussion. Mr. Laden proposed to change the requirement for the privacy fence between the residence and the outdoor storage. There was no support for this amendment. Planning & Zoning Board September 11, 2019 Page 5 APPROVED MINUTES Motion carried 6-0. B. PUBLIC HEARING: Watermark PUD Development Stage Plan Amendment #3 – Architectural Design Standards Katie Larsen, City Planner, presented the staff report. Mr. Laden questioned if the villas will be combined in an area or dispersed throughout the development. Ms. Larsen stated that there will be a neighborhood of these type of house products. Josh Metzer, Lennar 16305 36th Avenue, Plymouth, MN, addressed the Board. Mr. Metzer understands the recommendations. Vice Chair Root questioned if there is different requirements in other communities. Mr. Metzer stated that this is the first time Lennar has come across a standard where the width of the garage was limited. Vice Chair Root opened the public hearing at 8:12 P.M. Ms. Laden made a MOTION to close the Public Hearing. Motion was supported by Mr. Stimpson. Motion carried 6-0. Mr. Laden recommended requiring a window in the largest gable facing the street. Mr. Laden made a MOTION to approve the Watermark PUD Development Stage Plan Amendment #3 – Architectural Design Standards with the recommendation. Motion was supported by Mr. Ruhland. Motion carried 6-0. VII. DISCUSSION ITEMS A. Project updates Birch is predominately done and the planning process is starting for the west half of the project. A public informational meeting will be held on October 1st at Rice Lake Elementary. Some pavement on West Shadow Lake Drive. Bids were awarded for Water Tower #3 and construction will begin this year. Only wells are impacted by the White Bear decision. White Bear decision is going to the Supreme Court. There have not been plans submitted for Lyngblomsten. Planning & Zoning Board September 11, 2019 Page 6 APPROVED MINUTES Second home is under construction in Watermark. Pavement and small utilities have been installed in phase 1A. All Seasons Rental is continuing to make progress. VIII. ADJOURNMENT Mr. Stimpson made a MOTION to adjourn the meeting at 8:17 P.M. Motion was supported by Mr. Ruhland. Motion carried 6-0. Respectfully submitted, Mara Strand and Katharine Dowlding