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HomeMy WebLinkAbout04/19/1972 P&Z MinutesAPRIL 19, 1972 The regular meeting of the Lino Lakes Village Planning and Zoning Board was called to order at 8:05 P.M. on April 19th, 1972. All members were present with the exception of Mr. Karth, who was on vacation. The corrections on the minutes to the March 15th regular meeting are as follows: Page 1, paragraph 6, line 9, last word "financially ". Page 2, paragraph 2, line 5, change "by to" to "and ". Page 4, paragraph 3, line 3, "be" should be "been ". Mr. Hill moved to approve the minutes to both the March 15th and March 29th meetings as corrected. Seconded by Mr. Kelling. Carried unanimously. Commissioner Burman, County Parks, informed the meeting that the county ditches were constructed about 1910 -1918. The county has not kept up these ditches. Private parties have done it rather than be assessed for having it done. Rice Creek Watershed doesn't have control over ditches as yet, but probably eventual- ly should have. The County attorney advised that the law covering ditches is Minn. Statute 106. The procedure to get ditches repaired or improved is to petition the County Board. Upon receipt the Board surveys and makes cost estimates, and has a hear- ing. The Board then decides what should be done. The cost is assessed against the individual adjoining landowners. No federal funds are involved. The pro- cedure for the expansion or extension of ditches takes a petition of 26% of the adjoining landowners or land. The same procedure is involved as for repairing. Again the costs are assessed against individual landowners but they can be pro- rated over about a ten year period. The attorney questioned whether there is any real benefit in putting money into ditches in Anoka County. The ditches could be turned over to municipalities as population grows, and then they would assume the cost. Mr. Marier pointed out that the County has jurisdiction but no responsibility. Mr. Burman noted that the'County has the legal responsibility to do the work. Mr. To rkiidson presented the County Park proposal. The county presently has 143 acres leased from St. Paul Waterworks. 26 acres are for park use. 50% is too low for any type development. The whole park system is totally inadequate. Last year Metro presented us with a 6700 acre Metro park proposal. The proposal the County is making involves 2400 acres. The map shows the area in red and green. The reason for the color difference is a lack of funds to purchase all areas. Under the proposal the red, 695 acres around Centerville Lake, would be the first property they would be interested in acquiring. He has met with the Village Council and the Centerville Council and some of the people on Centervill Lake to try and work out the details. Some of the homeowners are in attendance at this meeting also. This proposal is not final by any means - we don't know what will develop in the next two or hthree years. It could take 8 -10 months to get the application approved. Any major developments (such as Tagg's project at 35W and 49) would then have to be taken into accord. It is proposed that the homes on Centerville Lake be left intact, and that the proposed road for the park run behind the homes. They are trying to come up with some satisfactory agreement with the homeowners as to how far from their homes this road should be The homeowners present wondered how populated it had to become before this area would be unacceptable for a park area. 441/ Mr. Marier noted that there are 2400 taxable acres lost to the village. Is there any compensation? Mr. Burman said that there is some compensation 'or 2 4/19/72 Carlos Avery, but he doesn't know what it is. This is something that should be looked into. He felt that the state proposal for an equal tax base per pupil would help here. He stated that the County is simply trying to come up with a reasonable alternative plan to Metro's, because if we don't they will force theirs upon us. Mr. Torkildson further noted the uses of the park as nature center, day camp, wild life preserve, camping, swimming, historical sites, trails, golf courses, etc. There will be a number designation as to what "recreation" can be found in what part of the parks. The roads will be constructed and maintained by the county. At present the county parks are not policed. Bunker Prairie has a caretaker who watches after it. The question was asked whether the village had any say -so on what facilities would be in certain areas. Mr. Burman said that they will try to work out some- thing to be compatible with the village and their needs, but since outsiders would also be using this area, their needs would also have to be taken into consideration. Mr. Kelling advised that the State Legisiature gave St. Paul Water Dept. the rights to Centerville Lake. We have no rights. There is a conflicting public use here, and since St. Paul needs water they would have priority. The Committee reviewed Chomonix South, First and Second Additions to see the progress. U. S. Lakes' Engineer noted that the only change was double garages were allowed on the Plat. Mr. Boyd wondered about the problem with sewer now that Metro isn't putting it through this year? Mr. McLean advised that we only recommend to the Council. It will be their problem at that time. Mrs. Swanson inquired about the setbacks from the Lake. She noted that there will be a new act regarding this. Mr. McLean advised of communications from the planner and engineer. Mr. Van Housen's letter, dated March 28, 1972, advised: Lot 1 - Block 7: No objection to this plan, however this is only a legal document and doesn't relieve the developer of the responsibilities and contingencies placed upon his approved preliminary plans. Outlot A: if this has been revised from its original approval it should be accompanied with a proper site plan. Building Group ti- Lots 1, 2, 3, & 4: Previously were agreed to a 50' landscaped setback from Birch Road. His general comments were: "...I have been impressed with the thoroughness of planning, I was equally unimpressed with the poor, unimaginative architect- ure, sloppy construction techniques and general poor site maintenance control." He also suggested they be reminded of their landscaping responsibilities this spring. Mr. Gotwald's letter, dated April 17, 1972, stated that the final plats general- ly conform to the approved preliminary plats. He did note a difference of less than 1 foot on outside plat dimensions. U. S. Lakes' Engineer advised this was because their builder wanted to make sure lot lines ran right as close as pos- sible through building foundations. Mr. Kelling moved to recommend acceptance of the plat as laid out with comment from the Engineer and Planner, and with prior recommendations and restrictions 3 4/19/72 being noted. Seconded by Mr. LHiII. Carried unanimously. The request of Mrs. Mary Glischinsky to sell trailer homes at 6333 Hodgson Road was reviewed. The Glischinsky's want to put a small sales lot in where the junk yard now is. They plan about four new homes and several used ones. They now have a sales lot on University Avenue. They have so much vandalism and so many burglaries there that they want to move. This way they can look after the mobile home park as well and upgrade the park through the sale of homes. They plan about a 200 foot frontage with 150 -200 foot setback. There will be off street parking. They were advised they need to submit a proposal in accordance with the zoning code. They would probably need a special use permit. Ken Rehbein, variance to Ordinance 21A. Mr. Rehbein's letter of April 4, 1972, was not clear to the members. He requested "a variance on the lot where the new office building will be located. Our request involves Parcel "A "." It wasn't clear from this whether he planned another building on "B" or just what he wanted done, and since Mr. Locher was not in attendance at this meeting, this is to be put on the agenda for next time. The Clerk is advised to get in touch with the attorney and find out the restrictions. Alex Lichtscheidl - hearing on land split without variance. Mr. Lichtscheidl advised that this originally had been surveyed as two lots. One was lost by one purchasing party six months after purchase. 1t is now recorded the way it was surveyed. The Lichtscheidl's have it back in their possession. They were advised there is no problem. It was dismissed. Mr. and Mrs. Arlo Morehouse request to e-xtend 79th Street. 79th Street is situated right between Luther's Sport Shop and the VFW. It only goes in about 3/4 of a mile, and it ends in their yard. They want to divide 40 acres of their land into 10 acre parcels and would need 79th extended about 400 -500 feet. There is a possibility that it could be partly on Ken Rehbein's land, but he is in favor of the extension. Mr. Kellina advised we get the attorney's opin- ion, because if this is allowed a developer could go back in there and then say they don't need to blacktop because the main road is gravel. The members ad- vised Mr. Morehouse to bring in a legal description with the proposed roadway. The Clerkshould then see that both the attorney and engineer are given copies for their review and advice. Mr. McLean advised that he had spent some time talking about the new State Sign Code with Mr. Locher and a gentleman from Brede. Mr. McLean refered to "Rules and Regulations for the Placement and Control of Advertising Devices on Lands Along and Adjacent to the Interstate and Primary Systems of Highways in the State of Minnesota." He refered to page 10, "(h) Certification of Zoning. For the purposes of Minnesota Statutes, Section 173.16, Subdivision 5, bona fide zoning authorities may request the Commissioner of Highways to accept the legi- timate local zoning applicable to control of advertising devices within legally - zoned commercial or industrial areas. All requests for certification shall include information regarding regulation of size, fighting, spacing, and annual permit requirements as well as all pertinent information required to properly evaluate the application. 2) All certification shall apply to the then existing boundaries of the zon- ing authority and any further addition or elimination of land will be treated on an individual basis under the provisions of Minnesota Statutes, Section173.16 Subdivision 2. All requests for certification shall include a copy of the min- utes or procedure authorizing the zoning authority to request such certifica- tion from the Commissioner of Highways. 4 • 4/19/72 3) All certification shall be on an annual basis and shall be based upon lo- cal enforcement. Failure to enforce may result in revocation of certification." Mr. Keliing moved to recommend to the Council that we have the attorney submit our present Sign Code to the State for their certification. Seconded by Mr. Shearen. Carried unanimously. Permit #20, Access to inspect Sign on 35W is to be laid over until the next meeting. It was requested that Mr. Bratland come to the meeting. It was requested that Mr. Marier make our recommendations exactly as we state them. He noted it would be necessary for him then, to receive the P &Z minutes prior to each Council meeting. Mr. Glenn Rehbein asked for a variance for overhead wiring in his Shenandoah project. Since there will be no sewer in there this summer he cannot put in any utilities underground, and blacktopping the roads would be unfeasible. He said it would cost him between $6,000 and $15,000 per month to haul sewage. The cost would be prohibitive. A letter from Lonnie E. Dye, Metro Sewer Board, April 7, 1972, was read. Also a letter to Mr. Rehbein, dated April 19, 1972, from Milner Carley, in which they outline his only two alternatives "neither of which is good. First, pump- ing the sewage would seem to us to be uneconomical. Second, individual septic tanks would provide only temporary service and prevent you from obtaining the proper financing to further the sale of homes." Glenn has sold 8 homes, with 6 up. Two parties have a June 1st occupancy date. He can't get gas in since it is the last utility which would be put in under- ground. He's going to have to go to fuel oil. Mr. Keliing stated that, since he proceded in good faith, and has been confronted by circumstances beyond his control or ours, we recommend to the Council that they allow him to put in over- head wiring, that percolation tests and water tests be made before sewers are installed, and that money be put in escrow for future blacktopping. Seconded by Mr. Hill. Carried unanimously. Mr. McLean also suggested that he consider putting homes on every other lot if he doesn't meet the percolation tests. The Plumbing Inspector, Jerome Boyd, had a set of recommendations, based on the State Code, which he would like the Clerk to make a copy of and hand out with the permits. The consensus was that he should give them to Mr. Marier who would go through them and then submit them to the Council. Mr. Boyd also had several other suggestions. First, that before the permit is issued, a plan should be submitted that shows the elevation of property, situa- tion of proposed sewer and water, neighbor's sewer and water, etc. This would make it possible to see if it is a suitable site for the proposed system. Sec- ond, the Code says copper pipe is not recommended for a septic system. He would like ours to read that copper pipe cannot be used with a septic system. It was advised that Mr. Locher should look at what the intent of the code is in this area. Mr. Keliing moved to adjourn at II P.M. Seconded by Mr. Shearen. Carried unanimously.