HomeMy WebLinkAbout01/08/2020 P&Z PacketCITY OF LINO LAKES
PLANNING & ZONING BOARD MEETING
Wednesday, January 8, 2020
6:30 p.m.
Council Chambers
Please be courteous and turn off all electronic devices during the meeting.
A C-U AMA
1. CALL TO ORDER AND ROLL CALL
2. PLEDGE OF ALLEGIANCE
3. APPROVAL OF AGENDA
4. APPROVAL OF MINUTES: November 13, 2019
5. OPEN MIKE
6. ACTION ITEMS
A. PUBLIC HEARING: Zoning Ordinance Text Amendment Regarding Section
1007.053 Antennas
B. 42 Robinson Drive: Variance for Curb Cut/Driveway Width
7. DISCUSSION ITEMS
A. Project Update
8. 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.
CITY OF LINO LAKES
PLANNING & ZONING BOARD MINUTES
DATE : November 13, 2019
TIME STARTED : 6:30 P.M.
TIME ENDED : 7:33 P.M.
MEMBERS PRESENT : Paul Tralle, Michael Ruhland, Michael Root, Sue
Peacock, Neil Evenson, Perry Laden, Jeremy
Stimpson
STAFF PRESENT : Michael Grochala, Katie Larsen, Mara Strand
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 13, 2019.
II. PLEDGE OF ALLEGIANCE
III. APPROVAL OF AGENDA
The Agenda was approved as presented.
IV. APPROVAL OF MINUTES
Mr. Stimpson made a MOTION to approve the October 9, 2019 meeting minutes. Motion
was supported by Mr. Ruhland. Motion carried 6-0. Chair Tralle abstained.
V. 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 Chair Tralle. Motion carried 6-0.
VI. ACTION ITEMS
A. Houle Estates Second Addition Final Plat
Ms. Larsen, City Planner, presented the staff report.
DRAFT MINUTES
Planning & Zoning Board
November 13, 2019
Page 2
Chair Tralle questioned the monument signs. Ms. Larsen stated that the City and
RCWD created and approved a standard template for the wetland delineation
monuments.
Ms. Peacock wanted to confirm that Houle Estates involves one single family home.
Ms. Larsen confirmed that there is one single family home, it is already built, and the
resident(s) already live there. There is no construction proposed for Outlot A.
Mr. Laden asked how many lots encompass Houle Estates First Addition. Staff
clarified that the preliminary plat created Lot 1 and Outlot A. The board questioned
the name of the project and staff explained the reasoning for the confusion.
Chair Tralle inquired about storage and parking requirements for Outlot A. Ms.
Larsen clarified that there can be no accessory use, such as vehicles or accessory
structures, on Outlot A because there is not a current principal use. Staff stated that
these requirements are part of the existing parking ordinance. Staff mentioned that
there is currently encroachment of vehicles located on Outlot A which will need to be
addressed.
Mr. Stimpson questioned if taxation is the advantage of creating Outlot A. Ms. Larsen
explained that the taxation would indeed be less and this may be one reason why the
owner is platting off the outlot. Ms. Larsen explained the history of Houle Estates and
why the land was originally plotted just as one lot.
Chair Tralle inquired about if the owner wanted to build a garage on Outlot A. Ms.
Larsen restated that there needs to be a principle structure before there is an accessory
structure.
Mr. Ruhland suggested implementing an acreage requirement for outlots in regards to
their allowed use.
Ms. Larsen clarified what the Outlot A can be used for. There needs to be a principal
use/structure to allow an accessory use/structure. Farm accessory structures or
equipment is allowed if it supports an active farming business. The verbiage is from
the current zoning ordinance.
Guy Houle, 6701 Ruffed Grouse Road, took the stand. Mr. Houle expressed that he
has been dealing with this property since 2017 and expressed that he is displeased
with the situation because he cannot utilize this land how he wants to and the process
has been a struggle.
Mr. Grochala stated the history of the property and noted that there are many
encumbrances associated with it due to the physical makeup of the land.
Mr. Grochala stated that the property could still be split or platted if the requirements
for a buildable lot could be met.
DRAFT MINUTES
Planning & Zoning Board
November 13, 2019
Page 3
Ms. Peacock asked Mr. Houle if the property was inherited or purchased. Mr. Houle
explained that he and his cousin knew the prior owners and they purchased the
property with the intent of sharing the land for recreational purposes.
Much discussion took place about possible options available to Mr. Houle and his
cousin regarding the land.
Chair Tralle asked about the advantage of splitting the land and creating an outlot.
Mr. Houle stated that the intent is due to tax reasons and that he doesn't want his
cousin's name attached to his home. Staff stated that an outlot would allow for a 50
percent shared interest in a large parcel property. Mr. Houle and his cousin do not
want to combine this land with their existing residential lots due to wanting an equal
share and interest. Staff again stated that if the land is a separate parcel, there needs to
be a principle use first to allow an accessory use.
Mr. Stimpson proposed subdividing the land and then combining it with the existing
residential lots. Ms. Larsen stated that Mr. Houle would need to go through the
platting process again for this.
Mr. Root suggested reconsidering other options for this land before a decision is
made. Other board members agreed that finding a solution does not seem plausible
during the meeting, and even if there was a solution proposed, the board could not
vote on it until there is a proper submission.
Staff stated that there will still be other factors to consider regarding the allowed uses
on the land if another option is pursued.
Staff stated that other options will involve the outlot getting approved, therefore,
approval of the action item at this meeting will still be important and is
recommended.
To conclude, the preliminary plat is approved for 1 lot and an outlot.
Mr. Ruhland made a MOTION to approve Houle Estates Second Addition Final Plat.
Motion was supported by Mr. Laden. Motion carried 6-0.
VIL DISCUSSION ITEMS
A. 2040 Comprehensive Plan Update
Mr. Grochala, Community Development Director, presented the staff report.
B. Project Updates
The Otter Lake Road extension, which is 300 feet north of Main Street, is moving
forward. The City is working with WSB to lay out the future alignment and
determine how the addition will be extended into Elmcrest Avenue. Last year there
DRAFT MINUTES
Planning & Zoning Board
November 13, 2019
Page 4
was a comprehensive plan update to re -guide a portion of the corridor as business
campus. The City is working with energy companies, Anoka County and
Washington County to market the portion from Cedar Street into Columbus and
Forest Lake as a technology corridor. The goal is to attract high end businesses, data
centers, etc. into that area. Interest has been expressed in that area. The City is trying
to have things in place to expedite improvements in those areas when development is
presented. There has also been interest from property owners because they want an
idea about where the road is going to be located. The City wants to be more
proactive to determine that alignment so it can be communicated. The City wants to
have stake holder meetings and possibly bring in the property owners to talk through
some issues.
Lyngblomsten has a plan submitted that is incomplete at this time. There is some
additional storm water management and infrastructure information that is being
waited on for a resubmittal. There is hope for a 2020 build project.
There was some trouble reaching completion for the St. Clair Estates project. A
letter of credit was cashed in for St. Clair Estates to use to complete landscape and
restoration of open space. A landscaping specialist was brought in for the project.
Restoration work will be done during spring 2020. Trees have been planted. The
City has awarded 4 contracts for the purpose of restoring a driveway, landscaping,
infiltration basin work, water maintenance, etc. The builders of the project installed
mailboxes and the mailboxes have had to be added to the development agreement to
make sure they are installed in accordance with the requirements.
Birch Street planning is moving forward. There was an open house that took place in
October. The County is working on designs based on comments and will probably
bring something to the council for discussion in January.
The final lift on West Shadow Lake will take place in the spring. There is still some
storm water management to be completed. Weather conditions created a delay in the
project. WSB determined it was best for the project to sit over winter before
finalizing it.
The siding has been replaced on the apartment building near City Hall.
Chair Tralle stated that the API dumpsters are still outside of the fence. Staff stated
that there was a conversation with the property owner and they apologized for the
location of the dumpsters. Chair Tralle proposed that if a parcel with a CUP is sold
then it should be required that the buyers come in with the CUP and talk with the
City and board so that they understand the requirements. Mr. Grochala stated that
when a parcel is sold, they are not required to notify the City. The board deliberated
this suggestion. An annual review of CUP's would be a goal.
All Seasons Rental has moved into their new building.
Main Street Shoppes 2nd Addition is under construction.
DRAFT MINUTES
Planning & Zoning Board
November 13, 2019
Page 5
The mini storage units are under construction.
VIII. ADJOURNMENT
Mr. Laden made a MOTION to adjourn the meeting at 7:33 P.M. Motion was supported
by Mr. Evenson. Motion carried 6-0.
Respectfully submitted,
Mara Strand
DRAFT MINUTES
STAFF ORIGINATOR:
P & Z MEETING DATE
REQUEST:
APPLICANT:
REVIEW DEADLINE:
BACKGROUND
PLANNING & ZONING BOARD
AGENDA ITEM 6A
Katie Larsen
January 8, 2020
PUBLIC HEARING: Zoning Ordinance Text
Amendment to Zoning Ordinance Section 1007.053 to
Allow for Small Wireless Facilities
City of Lino Lakes
Not Applicable — City Initiated
Section 1007.053 of the City Zoning Ordinance regulates the construction of antennas
within the City. On November 12, 2019, the City Council adopted Ordinance No. 01-19
creating Chapter 305 in the City Code enacting Small Wireless Facilities Standards
within the public right-of-way. An amendment to Section 1007.053 is proposed to
provide consistency between the ordinances.
ANALYSIS
The next generation of wireless services (called 5G) will require wireless providers to
install a large amount of lower hanging antennas connected to fiber optic cable that will
allow wireless providers to provide significantly higher internet speeds. The facilities
needed to provide 5G service are called small wireless facilities. The use of the word
"small" is used to describe the area covered by each antenna, not the size of the facilities.
Small wireless facilities include antennas, equipment cabinets, vertical conduit, power
supplies, etc. Typically, small wireless facilities are attached to utilities poles, such as a
light pole in the public right-of-way.
Over the past two years, the Minnesota legislature enacted a new small wireless facility
law and the FCC has released a small wireless facility order. These actions have placed
new restrictions on how cities may handle applications to install small cell facilities.
These restrictions include review and approval deadlines and limitations on fees.
Chapter 305 establishes requirements to install Small Wireless Facilities. Section
1007.053 currently does not address Small Wireless Facilities. An amendment to the
zoning ordinance is proposed to reference Chapter 305.
Draft Ordinance Language
The City of Lino Lakes participated in a group of Minnesota cities to engage the
municipal telecommunications law firm of Bradley Law, LLC to draft a model small
wireless facility ordinance to help the City comply with the new laws and to prepare for
the anticipated applications to install small wireless facilities in the City. The following
recommendation amends the City Zoning Ordinance (new text is underlined):
§ 1007.053 ANTENNAS.
(1) Purpose and Intent. The purpose of this section is to establish predictable and
balanced regulations for the siting and screening of wireless communications equipment
in order to accommodate the growth of wireless communication systems within the City
of Lino Lakes while protecting the public against any adverse impacts on the City's
aesthetic resources and the public welfare. The provisions of the section are intended to
maximize the use of existing towers, structures, and buildings to accommodate new
wireless telecommunication antennas in order to minimize the number of towers needed
to serve the community. The Collocation of a Small Wireless Facility and the installation
or replacement of a Wireless Support Structure in connection with the Collocation of a
Small Wireless Facility on the Wireless Support Structure is subject to Chapter 305 of the
Lino Lakes Cites
RECOMMENDATION
Staff recommends approval of the Zoning Ordinance Text Amendment to Section
1007.053 to Allow for Small Wireless Facilities.
ATTACHMENTS
None.
4
STAFF ORIGINATOR:
P & Z MEETING DATE:
REQUEST:
CASE NUMBER:
APPLICANT:
OWNER:
REVIEW SCHEDULE:
PLANNING & ZONING BOARD
AGENDA ITEM 6B
Katie Larsen, City Planner
January 8, 2020
42 Robinson Drive
Variance for Curb Cut/Driveway Width
VR2019-005
Brock and Kahla Jensen
42 Robinson Drive
Lino Lakes, MN 55014
Same
Complete Application Date:
December 11, 2019
60-Day Review Deadline:
February 9, 2020
Planning & Zoning Board Meeting:
January 8, 2020
City Council Meeting:
January 27, 2020
BACKGROUND
The property owners of 42 Robinson Drive, Brock and Kahla Jensen, submitted a Land Use
Application for a curb cut/driveway width variance. They are requesting a curb cut width of 26.5
feet be allowed. City ordinance allows for a maximum 26.0 foot curb cut/driveway width.
ANALYSIS
Capstone Homes, Inc. obtained a building permit in October 2017 to construct a new home at 42
Robinson Drive in the Century Farms North subdivision. The Certificate of Survey submitted
with the building permit showed a compliant curb cut width of 19.4 feet. Unfortunately, the
Grading As -Built Survey dated July 30, 2018 and field verification confirmed the curb cut width
was 26.5 feet. This is 6 inches wider than allowed.
Per Section 1007.044(3)(h):
7. Curb Cut/Driveway Width. No curb cut shall exceed twenty-six (26) feet in width within
a residential zoning district, or thirty-six (36) feet in width if the property is in a commercial,
industrial, or public/semi public zoning district, as measured at the street right-of-way line
unless approved by the City Engineer. The driveway associated with such curb cut may increase
in width at an angle not greater than forty-five (45) degrees.
Attachment 4 is a Driveway Exhibit depicting a 26 foot wide curb cut and 45 degree angle.
The property is zoned PUD, Planned Unit Development and is located in an urban residential
subdivision. The City Engineer does not approve widening of the curb cut. The property owners
would be required to cut out a 6 inch wide section of the driveway. They are requesting a
variance instead of having to cut out a section of the driveway.
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 ordinance is to alleviate or prevent congestion of the
public right-of-way and to promote the safety and general welfare of the public, by establishing
minimum requirements for off-street parking of motor vehicles upon various parcels of land or
structures.
The variance to allow for a 26.5 foot curb cut/ driveway width is harmonious with the general
purposes and intent of the ordinance.
2. The variance shall be consistent with the comprehensive plan.
Per the Comprehensive Plan, the property is guided for Low Density Residential land use.
The variance request is consistent with the comprehensive plan. The applicant's property is
intended for single family dwellings with houses, garages and driveways.
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; however, there is no
practical difficulty in complying with the required 26 foot curb cut/driveway width.
4. The plight of the landowner shall be due to circumstances unique to the property not created
by the landowner.
2
The plight of the landowner was created by the sub -contractor installing a 26.5 foot wide
driveway. There are no unique circumstances to the property causing them to not be able to
comply with the ordinance.
5. The variance shall not alter the essential character of the locality.
The variance will not alter the essential character of the locality which is a single family
residential neighborhood with houses, garages and driveways.
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 PUD, Planned Unit Development for a residential
subdivision and driveways are consistent with residential 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 denial of the variance to allow for a 26.5 foot curb cut/driveway width at 42
Robinson Drive.
ATTACHMENTS
1. Site Location & Aerial Map
2. Certificate of Survey
3. Grading As -Built Survey
4. Driveway Exhibit
3
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N Certificate of Survey for: Sec. 7, Twp. 31, Rge. 22
CAPSTONE HOMES, INC.
House Address: House Model:
42 Robinson Drive, Lino Lakes, MN Cheyenne II (A)
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LEGAL DESCRIPTION:
0
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Electric Box
Lot 6, Block 4, CENTURY FARM NORTH
0
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Television Box
ADDITION, Anoka County, Minnesota
TB
Denotes Existing
Denotes
Telephone Box
Denotes Existing
Light Pole
so
Denotes Existing
Service
o
Denotes Existing
Curb Stop
Minimum Lowest Floor Elevation: 902.0
x 000.o
Denotes Existing
Elevation
PROPOSED BUILDING ELEVATIONS
x soo.o
Denotes Proposed Elevation
Lowest Floor Elevation: 902.3
Denotes Direction
of Drainage
Top of Foundation Elevation: 905.5
_
Denotes Drainage
&Utility Easement
Garage Slab Elevation (at door): 905.1
(per recorded plat)
---e--
Denotes Iron Monument
Bearings shown are assumed
GRAPHIC SCALE
0 15 30 60
(IN FEET)
(8.5x14 sheet)
12001 6175.027 MEP
NOTES:
1. Proposed building site grading is in accordance with the
grading plans prepared by Plowe Engineering, Inc., last revised
06/07/16.
2. Contractor must verify sewer depth.
3. Driveways shown are for graphic purposes only. Final driveway
design and location to be determined by owner/builder.
4. All building foundation dimensions shown on this survey
include exterior foundation insulation widths, if applicable.
Refer to final building plans for foundation details.
Carlson I hereby certify to Capstone Homes, Inc. that this survey, plan or report was
Prepared by me or under my direct supervision and that I am a duly licensed land
• surveyor under the laws of the State of Minnesota.
McCain Dated thAVOday af KO v ED r, 2017.
K (.� � � Si ed: rl M C.
ENVIRONMENTAL ENGINEERING, SURVEYING
3890 Pheasant Ridge Drive NE,
Suite 100, Blaine, MN 55449 l���� Thomas R. Balluff, L.S. egg. No. 40361
Phone: 763-489-7900 Fax: 763-489-7959 ReGisecl?Add am /4/17 Peter J. Blomquist, L.S. Reg. No. 51676
Located in the NW 1/4 of
N Grading As -built for: Sea. 7, Twp. 31, Rge. 22
CAPSTONE HOMES, INC.
House Address:
42 Robinson Drive, Lino Lakes, MN
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p Denotes Existing Telephone Box
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sp Denotes Existing Service
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x 000.o Denotes Existing Elevation
Denotes Direction of Drainage
Denotes Drainage & Utility Easement
(per recorded plot)
—� Denotes Iron Monument
Bearings shown are assumed
GRAPHIC SCALE '
0 15 30 60
(IN FEET)
(8.5x14 sheet)
120 66175.027gab MEP
M
Carlson
McCain
ENVIRONMENTAL • ENGINEERING • SURVEYING
3890 Pheasant Ridge Drive NE,
Suite 100, Blaine, MN 55449
Phone: 763-489-7900 Fax: 763-489-7959
LEGAL DESCRIPTION:
Lot 63 Block 4, CENTURY FARM NORTH
6TH ADDITION, Anoka County, Minnesota
Minimum Lowest Floor Elevation: 902.0
AS -BUILT BUILDING ELEVATIONS
Lowest Floor Elevation: $9�2_l 902.4
Top of Foundation Elevation:. 905.5
Garage Slab Elevation (at door): m9gRor 905.1
NOTES:
1. Building site grading is in occordonce with the
grading plans prepared by Plowe Engineering, Inc., last revised
06/07/16.
I hereby certify to Capstone Homes, Inc. that this survey, plan or report was
prepared by me or under my direct supervision and that I am a duly licensed land
surveyor under the laws of the Stote of Minnesota.
Dated this 30th day
Hof Jul,, 2018,
Au to r Sfgned:/�C?rlsgP Mc 15c.
By.
Thomas
R. Balluff,
L.S.
Reg.
No.
40361
Peter J.
Blomcuist.
L.S.
Reo.
No.
51676
CURB CUT WIDTH AT RIGHT OF WAY LINE:
26 FT. MAXIMUM IF RESIDENTIAL
36 FT. MAXIMUM IF COMMERCIAL
STREET A
DRIVEWAY
C IT EXHIBIT
�N KE LINO LAKES, Nov. 2018
� MINNESOTA �