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HomeMy WebLinkAbout11/17/1971 P&Z Minutes4// ' •/ / The regular meeting of the Lino Lakes Planning and Zoning Board was called to order on November 17, 1971, at 8:06 P.M. by Mr. McLean with all members present. The following corrections were made to the October 20th minutes: 1. Page 1, paragraph 1, line 2, after the word "order" insert "on 1971, ". 2. Page 2, paragraph 1, line 4, instead of "they" substitute "the 3. Page 2, paragraph 3, line 4, correct sentence to read "Changes to be reviewed by the Chairman of P &Z." 4. Page 3, paragraph 1, line 1, change "if" to "it ". October 20, Council ". being made Mr. Karth moved to accent the minutes of the October 20th meeting with the changes as presented. Seconded by Mr. Hill. Carried unanimously. 3 on the agenda, Floyd Miller roadway & variance, will be postponed until Mr. Locher arrives. A variance was applied for by. Vivian Rehbein on a lot for Richard A. Rehbein. The fee has been paid. This lot does have a 150 foot frontage on a dedicated road and it goes back 290.4 feet. Mr. Karth moved to recommend to the Council that they grant this Variance on the propoerty described. Seconded by Mr. Jester. Carried unanimously. Mr. Floyd Miller requested a partial maintenance variance on his proposed road- way. Mr. Gotwald had written a letter to the P &Z Board advising that the Vill- age not include the proposed roadway in their routine maintenance system. He did recommend that in order for the Village to do the snow plowing only, that the owners provide the following: 1. Widen to at least 20 feet. 2. Cover with a minimum of 3 inches of gravel. 3. Provide for adequate turnaround. It was indicated that the travel surface isn't wide enough for partial mainten- ance at present. All four owners c -omes along that roadway have kept the road up well so far and intend to ke^p doing so. All owners are agreeable and are willing to do what is necessary in order to bring it up to the specifica- tions. It was indicated a 100 foot cul -de -sac is necessary. The Village could take over the roadway when all deeds are executed and filed of record. This is now a neighborhood street and should be taken care of before any other roads be put in. It was, cautioned that this not be another Twilight Acres. Right now it is a private driveway. Mr. Jester moved to recommend to the Council that a Variance be granted for partial maintenance as requested, with the recommenda- tions of the Engineer being complied with by the owners. Seconded by Mr. Hus- nik. Carried unanimously. Mr. Rehbein abstained. Mr. Locher read the legal description of the proposed plat being considered. It is: The Southwest Quarter (SW1/4) of the Southwest Quarter (SA) of Section 29, Township 31, Range 22, Anoka County, Minnesota. The affidavit of Mailing of Notices of Public Hearings and the Affidavit of Publication were duly filed. Mr. Dupre had Posted copies on November 4th, well in advance of the ten day requirement. Mr. Rehbein displayed the plat for inspection. TIr. Van Housen had written a letter dated November 3, 1971, stating that the lot subdivision for a model home was in conformity with the Master Plan. Mr. Rehbein noted that the name of Glenrae Estates is being changed to Shenandoah. He briefly told about the 2 11/17/71 area. It is 4o acres on two tarred streets, Ware Road and Birch Street. He is dedicating 5 acres to parks instead of giving 10% can value. He stated the park area is in a low land, but drainable propperty. There are plans for 30 adjoining acres. There was discussion with Mrs. Ahlman as to whether you needed a 50 or 75 foot variance for cul -de -sacs. She pointed out further that there was no turn around on one unnamed road. It was recommended that it be shown as a cul -de -sac on the plat. Mr. Rehbein said the second addition of 30 acres will be started soon and, therefore, the road will go through, but that he will have it changed and so shown on the plat for now. There are no named streets as yet. Private ditches will be moved. The park area will be deeded over to the Village when the final plat is approved. "1r. Lundheim, the County Engineer, in his letter of Nov. 15, 1971, to P =Ir. Meyer, advised several opinionF in regard to the Preliminary Plat. He advised a total right of way width of 120 feet for Birch Street. Also that the access directly onto Birch Street by Lots 2, 3 & 4 were unsatisfactory and dangerous. He advised of 3 ways to correct this: a)Serviee road (least desireable); b) Extension of turn - around Northerly to Co. Highway, permitting a row of lots on each side; c) Plan for a street or row of lots South of County Highway with no access onto County Road to the North. Mr. Van Housen recommended in a letter dated November 16, 1971, that houses be built on every other lot until the sanitary sewer is completed and functioning, and that some recreation facilities for girls be provided in the park area. Mr. Gotwald had penned in on the plat map that the Preliminary Plat fulfills the fequirements of the Village. They will forward a report of approval on or before 11-22-71. Mr. Rehbein indicated there is sufficient drainage and in some cases existing ditches will be moved. There will be no ditch in the park area because of the problem with children. Mr. Kelling moved to recommedd to the Council that they approve the Preliminary Plat for the Shenandoah area with the following stinilations : 1. Widening the right of way on Birch Street from 50 to 60 feet for 120 feet total. 2. Provide in property turn arounds on lots 2,3 & 4 to prevent County Road access problems. 3. Laterals for sewage system be provided in street before houses are erected, and hooked up to a temporary holding system until hook up can be made with the sanitary sewer system. Seconded by Mr. Hill. Carried unanimously. Mr. Rehbein, still abstaining, asked for a variance for his business property on Highway 49. Out present code states 40' getback and it is already within that at 36.5'. He would like to build a ten foot addition on the front of the building. Mrs. Ahlman stated that the road was going to be widened in that area. She said she had been advised of this herself. After some discussion Mr. Kelling moved to table it until we can get more adequate information and the attorney can act on it. Seconded by 'Ir. Hill. Carried unanimously. The Hearing for the Richard and Vivian Roberts Special Use Permit for their hog raising operation began at 9:20 P.M. Mr. Locher verified the Notice of Hearing and Affidavit of Mailing, dated Nov. 5, 1971. Publication is not re- quired by law. Mr. Roberts spoke on his own behalf: He had purchased this 80 acres, previously 3 11/17/71 farmed with approximately 100 hogs and 20 -25 cattle. He now has between 200 and 250 hogs and about 25 cattle and would like a Special Use Permit for this purpose. All feeding is done on a 20' by 66' concrete area. He is feeding about one load of cooked garbage a day. This is cooked as soon as possible every day and the hogs eat it all up so there is no problem with pest control. He does have cats and lots of kittens for rodent control. He also feeds about one load of corn a week. He has license #20, dated October 26, 1971, from the State of Minnesota, Livestock Sanitary Board. He states further that this is a farming area, everyone farms around there and he is situated about in the middle of the 80 acres. About 15 -20 acres will be allowed for his hogs, or more if necessary. He says he will keep the area clean and will uphold any ordinances. The closest neighbors are about /mile away. He previously had a hog operation on Hwy 96 for over 22 years. He presented a petition, dated Nov. 13, 1971, requesting atproval of the application for this permit, signed by four neighbors. Mr. McLean questioned who would do the policing on such an operation. Mr. Robers stated that inspectors come about once a month. Mr. Hutchison from the Anoka County Health Dept. advised they do'not inspect as a routine activity. It would be up to the inspectors from the Livestock Sanitary Board. Mr. Locher informed that continued violations would result in the revoking of an indivuals permit. The Board would then have to see the County Attorney or the Attorney General to prosecute for operating without a permit. There are no communica- tions between the municipality and Board on a routine basis. A letter from Public Health Sanitarian, Mr. Astrup, dated October 14, 1971, Certified Mail No. 076277, was read. It wtated that an inspection of the pro- perty had been made on October 12th. That conditions as they then existed were in violation of the Livestock Sanitary Board Regulations and the Village of Lino Lakes Zoning Ordinances, inasmuch as there had been no procurement of a permit from the Livestock Sanitary Board for feeding garbage or procurement of a special zoning pemmit• pertaining to the hog operation from the village. The letter further advised that the hoc feeding operation must terminate within 15 days of receipt of the letter and could not commence until the required permits be obtained and complied with. 'war. Roberts obtained his permit, fee being paid of $100.00, on November 4, 1971. Those opposed to this operation then presented their case as follows: Mr. Elmer Husick, Registered Professional Engineer, St. Paul Water Dept.: Drainage is such that any operation such as this could influence the sanitation of Centerville Lake. The elevation and proximity drain into ditch #25, and then into Centerville Lake, about 11 miles away. They are constantly desirous of upgrading conditions. He maintained the feces discharge would be about equivalent to the same number of humans. So this could be a real bad problem. He was speaking against this permit on behalf of the St. Paul Water Dept. Mr. Peter Scherer: He asked if this would be the same type of operation Mr. Roberts had on Hwy 96. He maintained there was garbage there and the stench was bad at times. Mr. Larry Berkrand: He just bought property on 12th Ave., and he doesn't want to build if he has to smell that stench. Mr. Frank McCoy: He called the Pollution Control Agency. A permit is necessary for any solid waste disposal they informed him. He talked to Mr. Forsberg, 4 11/17/71 Director of Solid Waste Div., Telephone 378 -1320. Mr. Bob Gates: He owne the property directly East of this particular area in question. He was going to build on it but won't if this permit is passed. He said the smell will be unbelievable. Mr. Jack Menkveld: Stated prior use should come into consideration. He felt Mr. Roberts wasn't changing the land use. He also spoke from his own exper- ience that the smell is the same whether you're feeding garbage or grain. Mr. Locher noted there was no prior use permit, and that there had been a change in feeding operation and also increase in number of hogs kept. Mr. John Densted: He was concerned about the pollution. He asked who would see that it was policed as more people move in and complain about the odor. The Police Chief informed him that he couldn't possibly police it regularly. He would just have to go out when there were sufficient objections. Mr. Norman Miller: His home is directly East of the property. His children refused to go outside for almost a week in October because the smell was so bad. He referred to Ordinance #6. It states areas are residential when not classified as commercial and an operation such as this would then be not in accordance with the ordinance. He further stated it had no intrinsic purpose to classify it otherwise. He noted that he liked Mr. Roberts and it was nothing personal, he had spoken to him on a number of occasions about this problem, but it was a concern to Mr. Miller and his family that the stench not be allowed to continue. Mr. McLean informed them of the new Ordinance #56, but that it has similar references as those in #6. Mr. Grygelko: He was opposed to the hogs. He maintained he knew about the operation Mr. Roberts had before on Hwy 96, and that there ,.Tere real stench problems. Mrs. Grygelko: She said when she w ,3rked outside in her yard this last summer when the wind came from the West, she could hardly stand it. She maintained she never smelled the hogs or cattle when the previous owners lived there. Mr. Roberts asked if he would satisfy the complaints if he fed grain instead of garbage. He said he had many more hogs on Hwy 96, between 700 and 800. Mr. Hutchison, Anoka Co. Health Dept.: Showed an aerial photograph of Mr. Roberts' 80 acres and surrounding area. He pointed out the private ditch on the property which runs through the area where hogs have been seen, and then into County Ditch #25. He said they have enough problems with the water re- sources now and that everything possible must be done to preserve them. He differed with Mr. Husick's opinion that one hog was the same as one human. The ratio is known to be greater. He wasn't sure, but he knew it was about one hog to somewhere under 4 humans. He can get the information. His recommenda- tion was that if Mr. Roberts is permitted to continue, that drainage be kept from going into Ditch #25. PCA feed lot regulations are in force and they may also require a permit. Mr. Kelling moved to recommend to the Council that they not grant the Special Use Permit. Seconded by Mr. Jester. Carried unanimously. Hearing for the Chomonix South Plat, U.S. Lakes Development Co. Mr. Locher advised of filings of: Notice of Hearings, Affidavit of Mai lings, Affidavit 5 11/17/71 of Publication in the Forest Lake Times, Nov. 4, 1971, and the Affidavit of Posting by Mr. Dupre. The $100.00 platting fee has been paid. Mr. McLean read the letter of November 16th from Mr. Van Housen to the P &Z Board, referring to Outlot K, Lakes Addition 2. He informed us that they basically agree with the plan except: 1. No landscaping plan had been presented. (It was noted that this was now done on 11/16/71.) 2. The interior roads and cul-de -sacs must remain private because of driveway widths, snow removal problems and emergency vehicle turnarounds. 3. No building should be built without sanitary sewer being completed. and that the basic plan should be approved with the above mentioned items completed. A letter from Mr. Gotwald to the P &Z Boardinformed that involved utilities, drainage, densities, site plan, landscaping plan, and street grades were satis- factory. Therefore they recommend the approval of the preliminary utility, drainage, and street plan. Mr. Don Waalen, General Manager, Mr. Bill Meyer, Engineer, and Mr. Brand, the Sales Manager, of U.S. Lakes Development Co., were here at the recommendation of the Council. Mr. Waalen stated they would be needing a variance for two building permits. He introduced Mr. Meyers who presented the technical infor- mation about the proposed plan. It lies between Birch Street and Lantern Lane, and is Outlot K for townhouses. The multiple units belong to Chomonix. The long townhouses on the drawing were 3 -4 bedroom units and the clustered building: were 2 -4 bedroom units. The landscaping had been planned using about 11 dif- ferent kinds of trees, etc. Some of these were Norway Pine, Svruce, Juniper, Linden, Ash •and Honeysuckle. There would be about 14% green area, 1.3 acres out of about 8.9 acres. They are asking that this portion be split so as to have an Outlot A on the SW Section. The unit density in Outlot K is slightly under ten per acre. There are two t7pes of drainage -- overland and pipe. The sanitary sewer is progressing well. They are presently working on the Lantern Lane area. He advised of positions of watermains and proposed fire hydrants. It has a private roadway which the association will maintain. Mrs. Ahlman asked how many homes have been completed. It was advised there are six completed plus four models. There are six more under various stages of construction. The Sales Manager, Mr. Brand, advised that the price of a dwelling with a single garage will be between $20- $25,000. These dwellings are equal to or exceed FHA specifications. They are being done throughout the metro area and the country just as they are doing here. Mrs. Ahlman again asked how large these units are. She was advised between 850 and 1000 sq. ft. per unit. Mrs. Ahlman re- ferred them to the present coding regulations tt ich stipulate 1200 sq. feet for a two bedroom townhouse. Mrs. Ahlman asked Mr. Waalen about the set =ier and water. He advised that the costs are being assessed to the property in Chomenix. It was asked that she direct questions about the sewer and water to the Village Council, inasmuch as they already passed on this and U.S. Lakes had satisfied the Council. Mr. Kelling referred to section 6.09 in the code book. It stipulates for any R -5 District no townhouse multiple dwelling structure shall have less than 1150 6 11/17/71 square feet per dwelling unit for a two - bedroom unit, plus 150 square feet for each additional bedroom. There was general discussion as to whether the code was correct as to above. A single dwelling home is allowed to go down as low as 800 square feet. Mr. Kelling moved to recommend to the Council that we continue our hearing until the date set by the Council, to give U.S. Lakes Development time to coordinate to the latest zoning code and also for us to check into the code further. Seconded by Mr. Hill. Carried unanimously. Mr. Jack Canfield requested a variance for an existing house at 1300 Birch St., on property less than 21 acres and less than 150' frontage. After general discussion Mr. Karth moved to recommend to the Council that they grant the variance. Seconded by '_1r. Husnik. Carried unanimously. Mr. Karth asked to abstain. He requested a variance on .8 acre isolated with roads on all 3 sides. He was advised that it was no fault of his the area was isolated and he, therefore, didn't need a variance. Mr. McLean proposed that other P &Z members be called on to check into homes and other buildings moved into the village. Mr. Rehbein, Mr. Cardinal and Mr. Dupre have been doing all of this and he suggested this not be a permanent detail, but that they rotate so everyone gets familiar with the problem. He asked that Mr. Hill and Mr. Karth take on the duty for the next six months and that Pir. Cardinal and Mr. Dupre go along. After six months the duty will go to someone else. Mr. McLean was advised of new sign legislation by Naegele. Mr. Locher had no information on it with him, but will check it out. It appeared that the new legislation stipulated signs must be on commercial property. If this is the case permits may not be valid if they were granted on residential sites, so before anything further is done we mu^t know what the new legislation states. There was general discussion as to the use of the permit granted Mr. Leo Bruder for garbage trucking on Highway 8. "Ir. Locher advised he has been prosecuted a number of times. Right now he has a 40 day jail sentence hanging over his head. He was advised to clean up the place and supposedly at this time it has been cleaned up about 75 %. He salvages anything that he thinks could be resold from the garbage truck. This stuff is all kept in a pole shed. He has had notes as far back as 1967. He cl ears up but constantly slips back. Under the old ord- inance this kind of salvaging was permitted. Mr. Jester advised Mr. Bruder had been granted a stay by the Judge until December 1st. Air. Locher said if he actually sells these things at his place, if people come and buy them there, he would need a special use permit. Mr. Kelling moved to adjourn at 11:23 P.M. Seconded by Mr. Hill. Carried unanimously.