HomeMy WebLinkAbout04/14/2021 P&Z Minutes
APPROVED MINUTES
CITY OF LINO LAKES
PLANNING & ZONING BOARD MINUTES
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 April 14, 2021.
II. PLEDGE OF ALLEGIANCE
III. APPROVAL OF AGENDA
The agenda was approved as presented.
IV. APPROVAL OF MINUTES:
Mr. Reinert made a MOTION to approve the March 10, 2021 meeting minutes. Motion
was supported by Mr. Evenson. 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. Evenson made a MOTION to close Open Mike at 6:31 p.m. Motion was supported
by Mr. Laden. Motion carried 6 – 0. Chair Tralle abstained.
DATE: April 14, 2021
TIME STARTED: 6:30 P.M.
TIME ENDED: 8:00 P.M.
MEMBERS PRESENT: Paul Tralle (Chair), Neil Evenson, Michael Root,
Perry Laden, Jeff Reinert, Nathan Vojtech,
Isaac Wipperfurth
STAFF PRESENT: Katie Larsen, Diane Hankee, Kelsey Gelhar
Janele Waterman, Jessica Eller
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APPROVED MINUTES
VI. ACTION ITEMS
A. PUBLIC HEARING: Butler Addition Rezoning and Preliminary Plat
Ms. Larsen, City Planner, presented the staff report.
The applicant, Scott Butler, submitted a land use application for rezoning and
preliminary plat for Butler Addition. The applicant proposed to subdivide the
existing parcel located at 7870 Meadow View Trail into two (2) single family lots for
the purpose of constructing one (1) new single family home off of Lois Lane. The lot
is 1.02 gross acres (44,400 sf).
Staff recommended approval of the rezoning and preliminary plat for Butler Addition
subject to conditions listed in the staff report.
Board Comments
Mr. Evenson asked Ms. Larsen to address the noncompliance of the garage.
Ms. Larsen explained the detached garage is nonconforming because it is located
between the house and the front lot line on Lois Lane. She clarified subdividing the
property does not change the fact the garage is a nonconforming structure.
Mr. Evenson questioned if the noncompliance of the garage would affect a future sale
of the property.
Ms. Larsen said it would not.
Mr. Wipperfurth questioned, since the garage is nonconforming, would it be an issue
if the applicant made changes to the garage.
Ms. Larsen explained, due to the noncompliance of the garage, the applicant is
allowed to maintain the garage as is, but cannot enlarge it.
Mr. Reinert questioned if Mr. Butler wanted to hook up to City water or if the City
was requiring him to do so.
Ms. Larsen stated the City requires plats within the MUSA, who have utilities
available, to connect to City water. She said the applicant would still be able to
maintain use of the well. Ms. Larsen asked Diane Hankee, City Engineer, if she had
anything to add.
Ms. Hankee explained the City ordinance requires homeowners to connect to City
sewer and water if the utilities are available. She added the water line has already
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April 14, 2021
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APPROVED MINUTES
been run to the house and it simply needs to be physically plumbed in. She reiterated
the applicant would be permitted to retain the well for irrigation purposes.
Mr. Reinert asked Ms. Larsen moving forward, if she could ask future applicants
whether they want to connect to City water or if they want to retain the use of their
well. He stated wells have become a rare amenity and are often times difficult to
receive approval for. Because of this, he explained, he advocates for those who want
to keep their wells because it is a utility they own. He continued, although this topic
does not appear before the Planning & Zoning Board often, if many residents express
a desire to retain their wells, he suggested a review of the ordinance may be
necessary.
Mr. Laden wondered why Lois Lane is considered the front yard if the address is
Meadowview.
Ms. Larsen explained the front lot line is the narrowest lot width that meets
requirement. Since the parcel is rurally zoned, the lot width requirement is 330 ft.
However, the existing parcel does not meet the 330 ft. requirement, and therefore, the
front lot line is determined by the widest lot width which would make Lois Lane the
front lot line.
Mr. Laden questioned if the front lot line requirement would change once the lot is
subdivided.
Ms. Larsen specified once the lot is split, the lot width requirement for an R-1 parcel
is 100 ft. wide. In this instance, Lois Lane would remain the front lot line.
Applicant’s Comments
Chair Tralle asked Mr. Butler if he found the recommendations acceptable.
Mr. Butler said he understood and accepted the recommendations. He informed the
Board the water line was run and it simply needs to be connected at the street and at
the house.
Chair Tralle reminded Mr. Butler he can retain the well, if he desires, for irrigation
purposes.
Chair Tralle declared the Public Hearing open at 6:48 p.m.
There were no comments made by the public.
Mr. Wipperfurth made a MOTION to close the Public Hearing at 6:48 p.m. Motion
was supported by Mr. Vojtech. Motion carried 6 – 0. Chair Tralle abstained.
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APPROVED MINUTES
Mr. Reinert made a MOTION to recommend approval of the rezoning and
preliminary plat for Butler Addition subject to conditions listed in the staff report.
Motion was supported by Mr. Laden. Motion carried 6 – 0. Chair Tralle abstained.
B. Otter Crossing Final Plat
Ms. Larsen, City Planner, presented the staff report.
The applicant, Tyme Properties, LLC, submitted a land use application for the final
plat of Otter Crossing. The plat creates a 1.46 acre parcel for the purpose of
constructing a 7,800 sf commercial retail building.
Staff recommended approval of the Otter Crossing final plat subject to conditions
listed in the staff report.
Board Comments
Mr. Evenson asked Ms. Larsen if the building will face south towards Main Street.
Ms. Larsen said yes.
Mr. Reinert asked if the tenants of the building are known yet.
Ms. Larsen deferred the question to the applicant stating she is not certain if that
information is ready to be disclosed at this time.
Paul Schreier, with Tyme Properties, LLC, stated they are in the process of finalizing
negotiations with a coffee provider. Mr. Schreier commented, once construction
begins, they anticipate more businesses will reach out regarding tenant space.
Mr. Vojtech asked where the dumpster will be located.
Ms. Larsen said it will be located in the northwest corner of the site.
Mr. Root made a MOTION to recommend approval of the Otter Crossing final plat
subject to conditions listed in the staff report. Motion was supported by Mr. Evenson.
Motion carried 6 – 0. Chair Tralle abstained.
C. 23 Century Trail Variance for Second Driveway
Ms. Larsen, City Planner, presented the staff report.
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APPROVED MINUTES
The property owner of 23 Century Trail, Derek Sadowski, submitted a land use
application for a second curb cut/driveway access variance. He requested a second
driveway, 10 ft. wide, onto Pinto Lane be allowed. There is currently one (1)
driveway access onto Century Trail. City ordinance allows for one (1) curb
cut/driveway on a single family lot.
Staff recommended denial of the variance to allow for a second curb cut/driveway
access at 23 Century Trail.
Board Comments
Mr. Wipperfurth asked what material constitutes a driveway and if it is defined within
the City ordinance.
Ms. Larsen said it is defined within the City ordinance. In this instance, she
explained, if Mr. Sadowski wants to park a vehicle, the ordinance says the driveway
needs to be a paved hard surface. However, it is acceptable to park boats and trailers
on the grass.
Mr. Wipperfurth questioned if utilizing a class 5 type gravel could be a viable option
for a driveway.
Ms. Larsen explained since the applicant’s intent is to park a vehicle, the ordinance
says the driveway needs to be a paved hard surface. Therefore, utilizing gravel for a
driveway would not be permitted.
Mr. Wipperfurth recalled from Ms. Larsen’s staff report, when the home was
originally platted, there was tree preservation throughout the neighborhood. He asked
if there are any restrictions in place to prevent individuals from removing the trees
after moving into the home.
Ms. Larsen clarified the tree preservation is for the developer while they are
constructing the home and once the home is occupied, there are no parameters in
place to restrict homeowners from removing trees.
Mr. Reinert stated allowing a second paved driveway would improve the appearance
of the applicant’s property and make it more acceptable to the surrounding neighbors
rather than its current state. He said he would like to approve the variance because of
the configuration of the lot, but the second driveway does not conform to the
ordinance. He said the Board can discuss whether to change the ordinance to allow
double fronted lots to have two driveways, but he expressed concern since there are
many double fronted lots in the neighborhood and there would be a substantial
increase in driveways onto various roadways.
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APPROVED MINUTES
Chair Tralle surmised the applicant can drive a car onto the grass and park it in the
garage, but not on a daily basis. He asked Ms. Larsen to verify if his summation was
correct.
Mr. Evenson asked if the issue is whether or not the driveway is paved.
Ms. Larsen explained the issue is the number of times the applicant wants to drive a
vehicle onto the grass. She said Chair Tralle’s conclusion is correct. If the applicant
owned an antique car and parked it in the garage the majority of the year, the City
would have no issue with him driving the car, on occasion, over the curb and onto the
grass. She reiterated the only way the applicant would be able to park a vehicle in the
garage on a frequent basis is to have a complete, hard surfaced driveway.
Mr. Root agreed with Mr. Reinert stating although he would like to approve the
variance, he could not since it does not comply with the ordinance. Nevertheless, he
said he could support an ordinance change to allow a second driveway under limited
conditions such as a second driveway into a cul-de-sac. He specified second
driveways would not be permitted for those which connect to busy or minor collector
roads.
Mr. Laden stated he could support the variance. He said he did not agree with all of
the findings of fact. He specified he did not think the driveway would change the
character of the neighborhood nor did he think it would be inconsistent with the
comprehensive plan. He said the applicant has an additional hardship since he cannot
access the building from the front yard. He commented, the Board should allow the
applicant to take advantage of the uniqueness of his lot. He supported Mr. Root’s
recommendation to change the ordinance to allow for a second driveway under
limited conditions. He asked Ms. Larsen if the applicant could pour asphalt or
concrete up to the curb and not cut the curb.
Ms. Larsen said no.
Mr. Reinert asked if Ms. Larsen knew why the ordinance was changed in 2003 to not
allow double fronted lots to have a second driveway.
Ms. Larsen commented she did not know specifically why the ordinance was
changed, but she assumed as more homes were constructed in the City, the ordinance
was changed to regulate single family lots to one driveway.
Mr. Reinert suggested, in 2003, the City may have noticed nearby cities regulating
single family lots to one driveway and they decided to follow suit and change the
ordinance. He agreed with the recommendation to change the ordinance to allow a
second driveway under limited conditions so long as traffic is not restricted.
Mr. Vojtech asked if the applicant would be able to connect his existing driveway to
the back garage.
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APPROVED MINUTES
Ms. Larsen said no. It is not permitted for a secondary driveway to be constructed in
front of the house.
Applicant’s Comments
Mr. Sadowski acknowledged he did not inform the City of his intent to construct a
secondary driveway until after his permit was approved. He explained it was not his
initial intent to pour the driveway, but he received the idea from his concrete
contractor. As they were discussing pouring an apron on the front of the newly built
garage, the contractor said since the amount of concrete is small and Mr. Sadowski
would have to pay for a delivery charge, the contractor recommended pouring a
driveway. Mr. Sadowski said once the idea was proposed to him, he contacted the
City knowing approval would be needed. He said it would not be his intent to use the
driveway on a daily basis, but he explained it would be used as a spot to keep his
child’s car. He stated his main purpose in pouring a concrete driveway is to keep the
area of his property clean and orderly. He also commented this second driveway and
garage would allow him to have more off street parking since he does not like to park
his child’s car on the road due to congestion and safety concerns as Century Trail is a
fairly busy road.
Board Discussion
Chair Tralle stated while Mr. Sadowski did not do proper research to determine
whether or not he could have a second driveway, the City did not do their due
diligence either. He explained the City should have informed Mr. Sadowski, when he
was applying for the building permit, he could not construct a secondary driveway.
Chair Tralle said he would be in favor of discussing an ordinance change, but he
warned the Board it will take a lot of work to amend the ordinance.
Mr. Reinert commented, although the discussion to amend the ordinance may be
difficult, he would like to have the conversation.
Mr. Root made a MOTION to recommend denial of the variance to allow for a
second curb cut/driveway access at 23 Century Trail. Motion failed due to the lack of
a second.
Mr. Laden made a MOTION to recommend approval of the variance to allow for a
second curb cut/driveway access at 23 Century Trail. Motion was supported by Mr.
Evenson. Motion failed 2 – 4. Chair Tralle abstained.
VII. DISCUSSION ITEMS
A. Project Updates
Staff provided verbal updates to the Board on current City projects.
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APPROVED MINUTES
VIII. ADJOURNMENT
Mr. Evenson made a MOTION to adjourn the meeting at 8:00 p.m. Motion was
supported by Mr. Laden. Motion carried 6 – 0. Chair Tralle abstained.
Respectfully submitted,
Janele Waterman, Administrative Assistant