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HomeMy WebLinkAbout04/21/1971 P&Z MinutesThe regular meeting of the Lino Lakes Planning and Zoning Board held on April 21, 1971 was called to order at 8:04 P.M. by Chairman John McLean. Other members present were Messrs. Husnik, Karth, Hill and Rehbein. Absent: Jester end Kelling. Also present were Council Liaison Cardinal and Attorney Locher. Village Clerk Mrs. Emerton took the minutes. Mr. Hill moved to approve the minutes of the March 17th meeting as presented with only typographical corrections to be made. Seconded by Mr. Karth. Carried unanimously. Mr. Winfield West, Plumbing Inspector, had been invited to answer questions on plastic pipe. Mr. Cardinal noted that comments had been made that since Lino Lakes had adopted the Minnesota Plumbing Code which allows the use of plastic pipe, that it was allowed here; also, someone had stated that Mr. West had told them they could use it. Mr. McLean pointed out Section A of Ordinance No. 53 which stated that the use of plastic pipe or orangeburg shall not be allowed. Mr. West stated that 3 contractors had asked about plastic pipe in the last month, all of them saying that the builder had told them to figure their cost using plastic pipe; they had been told that the ordinance would be changed to allow it. He noted that St. Paul, Roseville, Shoreview, North St. Paul, and Maplewood do not allow it. Also, he definitely had not told anyone they could use plastic pipe in Lino Lakes. There was discussion on various grades and usages of the plastic pipe. Mr. West noted that Schedule 40 pipe is allowed in the State Code but since it is quite expensive, contractors substitute cheaper grades; the Wausau modular homes are coming out with copper pipe now, It was the consensus of the Board that a good, non - expandable, grade of plastic pipe will be developed in the future, but we should wait to adopt its usage until it is accepted by a recognized authority, also that the Board and the Plumbing Inspector exist to protect the homeowner, not the contractor. Mr. Rehbein moved to recommend to the Council that we leave the plumbing code as it stands for the time being. Seconded by Mr. Karth. Carried unanimously. Mr. West noted that he had intended to quit a few months back but changed his mind when he found that he had the backing of the Council and the P & Z Board, He stated that the plastic pipe was permitted for use in sprinkling systems. Keith Apitz stepped forward to request permission to build a garage and install gas pumps for a filling station. Mr. Apitz was told that he must comply with the requirements of Ord. 21C and Ord. 55; also, that rezoning was necessary since his previous limited rezoning (Ord. 6T) does not allow this type of business. He was instructed to call Mr. Gotwald about the plans; the Clerk will mail him copies of 21C & 55, as well as a rezoning petition form. Richard Zelinka presented a letter requesting approval to erect a number of green- houses for use in "Magic Garden" vegetable growing. Mr. Zelinka gave details and literature on the project. The plan is for Lot 7 in And. Sub. 54 which contains a 300 foot commercial strip along Hwy. 49. He inquired whether rezoning to commercial for an additional 300 foot strip would be necessary since the type of business is agricultural. He could put the office and sales rooms on Lot 6 which is across the highway in the commercial zone. There was considerable discussion, Mr. Locher stated that he considered this type of business to be agricultural, but in order to be safe from neighbor's complaints, Mr, Zelinka should rezone the remainder of the property to commercial. 2- Mr. Husnik moved to recommend to the Council that the P&Z sees no problem as far as land use for Mr. Zelinka since there is a 300 ft. commercial strip; that Mr. Zelinka should comply with Ord. 21C for building placement, landscaping, etc.; that Mr. Zelinka eppribach Mr. Gotwald for guidance in tailoring his plans to Village requirements. Seconded by Mr. Karth. Motion carried unanimously. Mr. George Smith and Miss Sanflra Dobryanow approached the Board to request assigning Mr.Smith's special use permit for the Lino Lakes Riding Stable on Birch Street over to Miss Dobryanow. Miss Dobryanow stated that she would not be going into partnership with Rick O'Connell as originally planned. She stated that her father had operated a stable; that she planned to have about the same number of head as Smith had and would cater to church and Scout groups. Persons in the audience commented that at present the fences were down and the horses were on other property and on public roads. Mr. Smith agreed that the fences were all broken down. Miss Dobryanow stated that she bought new electric fence and posts and would keep the horses confined until the fences were fixed. There was discussion on insurance and fencing. Mr. Karth moved to recommend to the Coucil that they approved the transferring of the Special use permit from George Smith to Miss Sandra Dobryanow with the stipulation that the horses be contained in a small area until all fences are secure so, that the neighbors won't be infringed upon. If there are any more complaints, then the special use permit with its original attachments should be revoked after n hearing. Seconded by Mr. Hill. Carried unanimously. Mr. McLean commented on the zoning classification ordinance which Mr. Locher has been studying. Mr. Locher stated that he had understood that the P&Z were to have submitted a map in conjunction with the classification, but had been informed that this would be done by the Engineer and Planner after its adoption. Mr. Locher stated that Mr. Van Housen had noted that a section on radio, T.V. and transmission towers should be added to the classification later or in a separate ordinance; this concerns the disposition of the land under such towers after they are torn down. Mr. Locher stated that he had questions on some definitions; after discussion on each point, the Board agreed on the following: 1. Definition of a farm - -any tract of land 5 acres or greater. 2. The minimum frontage for s 5 -acre tract to be 300 feet. 3. Referral will be made to Ord. 52 for fees connected with zoning procedures. 4. Classification R7 will be eliminated; R6 will denote mobile home parks. 5. Planned unit development will have no number, but will be known as P.U.D. 6. Require special use permits for outdoor theatres. 7. Add churches under public and semi - public districts. A penalty section, etc., will be added for proper ordinance form. Mr. Locher stated that he would bring the ordinance with the above points to the Council on Monday evening. M ±. Karth inquired about the Federal law requiring that billboards along freeways be set back 600 feet and thought that we should, look _at renewals for freewgy signs which haven't been erected yet. This was discussed. Me. Locher stated that in order to avoid s lawsuit Lino Lakes should draft an ordinance for a burn ban as soon as possible. Mr. McLean noted that the matter had not been referred to the P&Z and didn't concern them since it didn't cover land use or buildings. Mr. Locher mentioned the ordinance recently drafted by Ham Lake 3_._ which excepted portions which contain less than 100 occupied dwellings per square mile, providing that excluded sections contain in excess of 2 sq. mi. He will take this to the Council. Mr. Cardinal mentioned the Orono ordinance on marshlands; this had not been sent to the P&Z. Mr. McLean mentioned a letter from. Mayor L'Allier asking that the Park Board and the P&Z work jointly on park planning; since he had not heard from the Park Board he asked Mr. Cardinal to establish a liaison with them. Mr. Hill had not yet obtained information on the access to the freeway sign through the fence. A copy of an agreement sent by Brede, Inc. was given to Mr. Locher for study. Mr. Cardinal asked that a copy of the nuisance ordinance be given to the stable people Monday night. Mr. Husnik asked whether he could build a house on a 4 acre parcel with only a 23' easement into it. !r. Locher noted that this was similar to the Johnson case on Baldwin Lake Rd, Mr. Karth moved to adjourn a 10:32 P.M. However, Pierre Nadeau inquired about building a house on a 1/2 acre portion of e 32 acre parcel; he felt that he might wish to split this off at some later time or perhaps plat the remainder. He was informed of various platting requirements. Mr. Karth's motion to adjourn was seconded at 10:39 P.M. by Mr. Husnik. Carried unanimously.