HomeMy WebLinkAbout09/20/1972 P&Z MinutesSept. 20, 1972
The regular meeting of the Lino Lakes Planning and Zoning Board was
called to order by Chairman, Mr. McLean at 8:00 P.M., September 20,1972.
Members present were: Misters Karth, Hill, Shearen and Farrand. 4r.
Kelling and Mr. Nadeau were absent. Mr. Marier was present as liasion
to the Council.
Mr. Karth moved to accept the minutes of the August 15, 1972 meeting
as written. Seconded by Mr. Hill. Motion carried.
Charles Leckie, Jr. appealed for a variance to Ordinance 21A. The parcel
is less than 2'k acres, 110 ft. frontage by 198 feet depth. It is
situated three lots west of Dan Waldoch's on the south side of :lain St.
There is an existing two year old home on the lot. It was originally
owned by Alex Lichtscheidl. The title was transferred at one time.
He must have a variance in order to clear the deed and make the sale.
There was general discussion. It was noted the building isspector
should have stopped it at the issuance of the permit. It should be
150 feot frontage, but since the house is already there we don't have
much choice. Mr. Leckie said there is another open lot with 110 foot
frontage on the east side owned by Bob Chilson.
Mr. Farrand moved to recommend granting the variance for less than
150 frontage. Seconded by Mr. Karth. Carried.
Under new business, Mr. Karth asked if a building permit had been
granted to Benz Body Shop, 77th and Old Highway 8 to install a two car
garage. Mr. Marier said he would look into it.
Mr. Karth also noted that there is a new Pepsi -Cola sign behind the
Blue Heron sign on County 14 by the Washington-Anoka County line. Mr.
Marier said there had been an inquiry, but none was granted. He would
also check into this.
Mr. Hill questioned whether there would be any deer hunting permitted
in the village this season. Mr. Karth said no slugs are allowed in
the village limits as they are considered a rifle. Mr. McLean recommended
that the Council pass on our gun ordinance to the County Sheriff for their
information, and that it be done in letter form prior to humting season.
Mr. Shearen inquired if two car detached garages require footings. He
was told Yes they do, under the new Building Code. He said in some areas
he knows of they are leaving it up to the discreation of the Village.
Mr. McLean advised that other communities are having trouble getting
their sign ordinances certified too. Mr. Marier said he will write to
the State and foree the issue.
Ervin Leroux appealed for a variance to Ordinance 21A. He is the owner
of the parcel on the North side of Birch, and he wants to sell. There
is no certificate of survey. The frontage is 150' by 425' deep. He
said there is no problem with drainage there. The property slopes down
to the road, and the builder would need a culvert for the driveway. Mr.
McLean advised that the county is planning to widen Birch (this was in
the county's suggestion to Shenandoah. He suggested they setback the
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the home to allow for this. They were advised they would need a
certificate of survey before getting the building permit.
Mr. Karth moved to recommend granting the variance as described on the
legal description attached to the application. Seconded by Mr.
Shearen. Motion Carried.
Mr. Earl Kammerer, Jr. appealed for a variance to Ordinance 21A. Mr.
Kammerer, Sr. appeared on behalf of his son and daughter -in -law. Mr.
Kammerer noted that his attorney had run into a problem when reviewing
the records. Mrs. Faymoville, his wife's mother, had given them the
property. They don't plan to build, they just want to transfer owner-
ship of the property. This property is landlocked. It is a parcel 199.6'
by 297.7' deep, accessible to Lilacvia a 60 ft. easement over someone
elses property. It was noted this 60 feet would have to be brought up
to village standards and then dedicated to the village should anyone ever
want to build back in there.
Mr. Shearen moved to grant issuance of the variance with the stipulation
that a dedicated road be built and established prior to issuance of a
building permit. Seconded by Mr. Hill. Carried.
The applications for variances to Ordinance #56 by U.S.Lakes was
schedialed for 9:15 P.M. Inasmuch as everyone was present, it was begun
at 8:45 P.M. The legal description of the first application is: Outlot
C and I, Lakes Addition No. 2 Reason for the application for variance
is stated as: "the lot size and area requirements of 6.04 are more
suitable than those of 6.02 to applicant's permitted use of the subject
parcels for single family (R-1) development and platting purposes."
125.00 fee was paid 9/19/72.
The second application was for : OUtlot G, Lakes Addition No. 2. The
reason for application for permission : "applicant's intended platting
and development of the subject parcel contemplates single family (R -1)
rather than townhouse residences and this use of the parcel is permitted
by Ordinance No. 56 when so approved and authorized by Village Council
action as provided for in 6.09 and 6.06 (A)." Fee paid of $125.00 on
Sept. 19,1972.
William Busch,attorney on behalf of U. S. Lakes, presented their appeal.
He said Lakes Addition No. 2, Outlot G was never platted. It is now
zoned R5, Townhouses. C and I are zoned agricultural and are now used
for golf course. Another use of agricultural is Rl residences. They
are asking for variance on 300x300 ft. lot size. It is impractical
and unsuitable because of all sewer pipet, bitumanous costs, etc. He
noted that Outlot G has 14.78 acres: I has 23.03 (formerly to be used
for golf course) and C has 9.59 acres.
Mr. Busch said assessments of sewer and water are now in process. The
Council considered this at their last Council meeting. The Village
Engineer said they.are within a few days of formally accepting the sewer.
He noted a third party did the contracting - U.S. Lakes never had control
or ownership of the system. Because of the assessment, they need to
know by early November. This would produce some 60 R1 lots instead of
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20 Townhouse sites. The part on the map cross - hatched remains untouched
on #2.
The proposed park area would be about 13.8 acres total. Outlot C has
a gross total platted acreage of 9.5 acres. Lakes Addition #3 acreage
is 82.2.
The trail system would be established by the builder. It would be soft
surface walkways, seeded, and trees and shrubs planted. It would then
be dedicated to the Village. It whould be suitable for hiking or
bicycling. Three lakeside lots will constitute the park land. No park-
ing space is provided. It is intended for use by the neighboring residents.
Perhaps canoe racks could be put up, but no power boats launched.
Mr. Busch said they would plan to continue this walkway green space to
other areas in their development except for townhouse areas. He said
it hasn't been done before in the ;win City area. He felt this would
give the residents a country feeling. Mr. Jensen, Suburban Engineering,
said to make the area easier to maintain, it could be seeded with a
perennial grass that doesn't need to be mowed. Then mowing would only
be required on either side of walkways. Their lot sizes are similar
to #2, 80x140 is the minimum and some of the lake shore lots are larger.
One is as much as 3/4 acre or so.
Mr. Karth noted that this buffer zone would be an awful expense to the
Village to maintain.
Mr. Hill asked why they don't give the buyers larger lots. This is not
the best use of the land. With a 40' home, a 20' garage, you are down
to twenty feet between homes.
Mr. Busch said they must look Ft economics as regards sewer,water,
bitumaneous, etc. Raising footage would be a substantial increase in
lot price.
The floor was opened for questions from the audience.
Mr. Kliner: Lives on Lot 9 on the lake. He asked for a definition of
public park. He wondered if there would be local use, or on or off -
street parking.
Mr. Busch said it would be dedicated as a public park, but not set up
to invite or encourage public usage. There would be no facilities for
that type usage. The marina on the north end is still in the plans.
Larry Johnson: Lives on Lot 18 ( "allegedly a golf course lot "). When
he bought they promised him a golf course in his back yard; a view of
the marina; a beach, etc. He feels it's a breach of contract as none
of these things has been satisfied.
Vince Lombardi; Stated he represents a number of residents. He read
a statement in which he stated their objections to the proposed changes_
The 2nd nine holes would be further north and 400 feet shorter than
originally planned. It would decrease the value of their homes. He
said Chomonix is having trouble selling these hoes now as they have
hired outside real Estate salesmen to sett homes for them. What
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guarantees did they have that U. S. Lakes wouldn't come back later with
further smaller scale plans. He appealed to the Village to deny grant-
ing this variance as it would set precedent for other developers and
make Lino Lakes an easy target. He informed the developer that he and
other residents were prepared to take whatever legal action was necessary.
Bob Nelson: Resident. He asked if U.S. Lakes was proposing this simply
to take advantage of sewer pipes, etc.
Mr. Busch said they did not want to ask for a sewer extension going
further north. In 1969 they petitioned the Village for a sewer. Now
57 of 127 resident lots are serviced by it. He said the Village Council
met with the PCA last winter and turned down the interceptor.
Mr. Marier advised that they did not turn down the interceptor, the
meeting in February was to defer the charges and ask for cancellation.
We asked for a feasability study. He noted all U. S. Lakes wants to
accomplish by this is to undercut the assessment per lot.
Jerry Borovansky: Lot 20. He said he bought for the priviledge of
using the golf course, for the beauty of the green space, and for the
investment which could appreciate over the years. He was told this was
and end lot and nothing would be built next to them. Now it appears
he'll have townhouses right up to his back door. He asked the board
to reject the proposal.
Larry Johnson: Resident. Inquired about the type of homes to be put
in the area.
Mr. Busch said the models will be in the same line up.as they had bought
from.$30,000 to $40,000 basis.
Mr. Hill asked if we are running any differential sewer lines into this
area. Mr. Busch said the :main isn't being changed. The economics
won't change as far as the village is concerned - just for assessments
since it services
nl Y
57 homes now.
Mr. Karth said this would require more laterals with less piping and
the village would have to go into dbbt more to do this.
Mr. Busch said they need this by next week. The concept was discussed
with Carley and Mr. Gotwald although the detailed map wasn't ready until
today. Mr. McLean advised we would never act on this by next week, as
it would require a special hearing.
Mr. Schneider: Bought lot 19 just last Tuesday. It was presented as a
golf course lot. Sunday he was informed of the change, when he received
a letter saying he had concurred. He stated he was unable to really
fully comprehend at this point how he felt. He had put his present home
up for sale already.
Mr. Busch said of he had any unsettled feelings, please present them to
U.S. Lakes, and they would let him out of the deal.
Mr. Shearen recommended that we lay over on these requests until we
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get input from the Village Planner and Engineer. That the Council
set October 11, 1972 as the preliminary plat hearing and that the
Village Engineer, Attorney and Village Planner be in attendance. Also
that all adjacent owners be notified. Seconded by Mr. Hill.
Carried Unanimously.
Mr. Shearen moved to adjourn at 10:15 P.M. Seconded by Mr. Hill. Aye