HomeMy WebLinkAbout12/12/1990 P&Z Minutes1
1
Design Review Board
December 12, 1990
Chairperson Fred Chase called the regular meeting of the design
review board to order at 7:03 p.m. at the Lino Lakes City Hall.
Members present were: Monika Slatten, Robert King, Fred Chase,
John Bergeson and Al Robinson. Also present were: City Planner,
John Miller; City Engineer, Dan Boxrud; Building Official, Pete
Kluegel; and Planning Secretary, Laura Elken.
CONSIDERATION OF MINUTES Robert King moved to approve the November
14th minutes. John Bergeson seconded the motion and the motion was
approved unanimously.
OPEN MIKE Mike Koppy addressed the board. He would like to build
a 800 square foot garage. He said a year ago this size of an
accessory building would have been allowed. He wanted this garage
to store items that otherwise would be left outside.
Mr. Chase explained the process of applying for a variance. He
explained that the board has worked on amending the zoning
ordinance and in April of 1990 and a new ordinance was passed.
Mr. Chase also explained that in order for the board to grant a
variance they would have to feel that the six findings of facts
were met. Mr. Koppy received a copy of the six findings of fact
and if he feels that he can meet these he will formally apply for
a variance.
REQUEST FROM RON BIRCH FOR A CONDITIONAL USE PERMIT FOR LAND
RECLAMATION ON PROPERTY LOCATED NEAR COUNTY ROAD J AND COUNTY ROAD
54, APPLICATION #90 -63.
This item appeared before the board in November under open mike.
Mr. Birch owns approximately 20 acres of land on the east shore of
Lake Amelia. The land is about 500 feet north of C.R. J and I -35E
interchange and west of C.R. 54.
Birch wishes to use fill material to complete a berm adjacent to
C.R. 54. This will protect the property from illegal dumping and
buffer the area from C.R. 54 and I -35E. He wishes to develop the
property for residential uses of relatively high value. The berm
will protect the property from adverse affects of high traffic
volumes and direct a homeowners attention to the lake amenity.
Mr. Birch explained that concrete has been dumped in the area and
that would also be covered with dirt as part of the berm.
MOTION: Mr. King moved to recommend to the city council approval
1
1
1
1
Design Review Board
December 12, 1990
of Application #90 -63 to grant a conditional use permit to fill
certain areas adjacent to C.R. 54 with the following conditions:
1. No more than 15,000 cubic yards of fill be placed on the
land.
2. No fill from other than the Centerville Road and sewer
project.
3. The height of the berm shall not exceed ten feet above
the elevation of C.R. 54.
4. No water or wetland area shall be filled, or altered, or
diminished in any way.
5. The slope of the berm shall be no less than 4:1.
6. The land owner shall be responsible for obtaining permits
from any other agencies having review and permit
authority.
7. No concrete, asphalt, or metal shall be part of the fill
material.
8. The land shall be finish graded and prepared for erosion
control in a manner approved by the city engineer.
9. The applicant will check with the Vadnais Lake Water
Management Association
John Bergeson seconded the motion. Monika Slatten amended the
motion by asking the applicant to submit a plan showing what the
finished berm would look like.
Ron Birch objected. He stated it wold be difficult to prepare a
site plan because he is not sure how much dirt he will be able to
obtain from the project. Mr. King asked that he contact the city
engineer and let him know what his intent is. This must be
approved by the city engineer.
John Bergeson seconded the motion and the motion was approved
unanimously.
REQUEST FROM JACK MENKVELD FOR A MINOR SUBDIVISION FOR LAND
ADJACENT TO SECOND AVENUE NEAR ELM STREET, APPLICATION #90 -62.
Jack Menkveld wishes to subdivide Lot 6 of Block 3 of Ulmer's Rice
Lake Addition.
2
Design Review Board
December 12, 1990
The request is "to subdivide the backyard" of the existing one -acre
lot to create two 75 x 150 residential lots. The city has approved
several of these minor subdivisions in the past for parcels in
Ulmer's Rice Lake Addition and Ulmer's 3rd Addition.
MOTION: John Bergeson moved to recommend to the city council
approval of a minor subdivision, Application #90 -60 for Jack
Menkveld for property located on Lot 6, Block 3 of Ulmer's Rice
Lake Addition with the following contingencies:
1. Revision of the certificate of Survey and preparation of
easement documents to show a 5 foot side yard and 10 foot
rear yard drainage easement.
2. Submittal of house pad elevations for approval by the
city engineer.
3. Payment of a $800.00 park fee.
Al Robinson seconded the motion and the motion was approved
unanimously.
MOTION: John Bergeson moved to recommend to the city council a
variance, Application #90 -67 permitting creation of two 75 foot
wide residential lots on the parcel of land known as the west half
of Lot 6 Block 3 of Ulmer's Rice Lake Addition. Robert King
seconded the motion and the motion was approved unanimously.
CONSIDERATION OF A PRELIMINARY PLAT SUBMITTED BY BOB ADAMSON FOR
OAK BROOK PENINSULA, APPLICATION #90 -06, AND VARIANCE, APPLICATION
X90 -66.
Bob Adamson addressed the board. He owns a 25 acre parcel on Otter
Lake. He wishes to build five home sites on the parcel. There are
wetlands to the north and east of the site and the lake on the
south and west side of the plat.
John Bergeson asked Mr. Adamson to describe the creek running
through the site. He explained that it was approved by the DNR.
There is a 10 foot x 10 foot box culvert that will allow most boats
to have access to the lake. Also a 30" diameter metal pipe culvert
will be placed from the channel to permit wildlife to cross the
roadway.
Dan Boxrud stated that a key issue is the length of the cul -de -sac.
it is proposed at 1200 feet. This is a public safety factor and
both the police department and fire department have been asked to
comment.
3
1
1
1
1
1
1
Design Review Board
December 12, 1990
Dan Boxrud recommends approval of the preliminary plat providing
the variance is approved.
Ron Zorwater approached the board. He is a neighbor and was
concerned about who would pay for the street improvements. Mr.
Boxrud explained that the street assessment should not affect any
other homes.
The Historical Society evaluated the site and determined that there
are some indian artifacts within the development and in some cases
asked that homes be placed in a certain areas of the lot to avoid
disrupting the land. The Historical Society is also aware of the
road placement.
John Bergeson added that as the design review board is concerned
the applicant has met all the requirements and they cannot deny the
application. The only question remaining is the cul -de -sac length.
Alan LaTourneau - 2018 Otter Lake Road is concerned about the
development. He stated that the 10x10 culvert would not allow his
14' pontoon boat access to the lake. Mr. Boxrud stated that with
the 10' culvert there would be approximately an average of 6'
clearance.
Fred Chase stated the property owners have to work out the creek
issue between themselves. It is not the boards decision.
MOTION: John Bergeson moved to recommend to the city council
approval of a preliminary plat for Oak Brook Peninsula, Application
#90 -06 contingent upon the following comments from the City
Engineer:
1. A determination must be made that a 2,700 foot long cul-
de -sac can be granted a variance to the 500 foot maximum
length specified by city code.
2. Final design must meet all permitting agency
requirements.
3. The street must be constructed to city standards, with
deviations in design detail allowed by the public works
director where environmentally appropriate.
4. Additional percolation tests must be taken before
preparation of a final plat.
5. Minimum basement elevation should be determined as 4 feet
above the water table as measured, or elevation 915 as a
minimum.
4
Design Review Board
December 12, 1990
6. The easement area over the pond on Lots 4 and 5 should be
increased to cover all land below elevation 919.
Approval is also contingent upon purchasing land from Marlin Hansen
to provide access to the land.
Approval is also contingent upon payment of park fees as required
by the park board.
Robert King seconded the motion and the motion was approved
unanimously.
VARIANCE
MOTION: John Bergeson moved to recommend to the city council
approval of a variance, Application #90 -66 to permit a cul -de -sac
greater than 500 feet in length. Variance is based on the findings
that no other access is possible to the site because of topography.
Al Robinson seconded the motion and the motion was approved
unanimously.
CONSIDERATION OF A MINOR SUBDIVISION FROM MARLIN HANSEN,
APPLICATION #90-15 AND VARIANCE APPLICATION #90 -65.
Bob Adamson stated that this minor subdivision is in conjunction
with Oak Brook Peninsula. He needs to purchase the land from
Hansen for the roadway to the plat. Remnants of his land would
also be a part of a park association. He is requesting to purchase
a 2 1/2 acre parcel.
Al LaTourneau addressed the board. He said that three years ago
Marlin Hansen applied before the P &Z board requesting to combine
his two parcels to create one 10 acre parcel. John Miller stated
Hansen was interested in building an accessory building. John
Miller requested this item be tabled so that a certificate of
survey explaining the minor subdivision can be given to the board
members to better explain the issue.
MOTION: John Bergeson moved to table this item due to unanswered
questions. Mr. King seconded the motion and the motion was
approved unanimously.
Mr. Chase said that at the DRB work session last week this item was
discussed. The board would like the applicant to purchase land all
the way to the east boarder of the parcel. This would create a 2
1/2 acre lot and not require any variances for an undersized lot.
CONCEPT PLAN REVIEW FOR HIGHLAND MEADOWS /MENKVELD PROPERTY.
5
1
1
1
1
1
1
Design Review Board
December 12, 1990
Jack Menkveld has purchased the Arlo Morehouse land located at the
end of 79th Street. The land is a square parcel covering 40 acres
with the exception of a five acre parcel owned by the Morehouse's
daughter and son -in -law. The daughter is willing to sell a large
piece of that parcel, leaving them with slightly less than an acre.
Dan Boxrud asked that Mr. Menkveld create a plat including the
Morehouse's daughters parcel for future subdivision.
Dan Boxrud stated that the plan indicates street connections at all
four borders of the site. Boxrud felt that internal circulation
could be improved by realigning Lois Lane as it enters the west
side of the plat so as to connect relatively directly with 79th
Street. The residents along Lois Lane west of this plat will want
to gain access to Lake Drive through Highland Meadows. He felt a
more direct route would be safer. The board agreed this should be
indicated in the preliminary plat.
MOTION: Robert King moved to approve the concept plan for Highland
Meadows contingent upon:
1. Review and approval by the Lino Lakes Park Board.
2. Availability of city sewer and water.
3. Implementation of the recommendations given by the City
Engineer.
4. Increase the radius of Marilyn Drive to thirty (30) feet.
Monika Slatten seconded the motion and the motion was approved
unanimously.
PRELIMINARY PLAT FOR LAKE CREST SUBDIVISION FOR LAND ON BIRCH
STREET NEAR BLACK DUCK DRIVE, APPLICATION #90 -64, AND VARIANCE
APPLICATION #90 -67.
John Miller visited with the applicant and the Engineer. Some
changes will have to be made and the application would like to
appear before the board next month.
MOTION: Robert King moved to table this item until January. Al
Robinson seconded the motion and the motion was approved.
DISCUSSION OF POSSIBLE ORDINANCE AMENDMENT TO PERMIT HENRY LASKA TO
OPERATE A LANDSCAPE CONTRACTORS BUSINESS IN A SUBURBAN RESIDENTIAL
6
Design Review Board
December 12, 1990
ZONING DISTRICT ADJACENT TO LAKE DRIVE.
Mr. Chase stated that this is the second time this item has been
before the board. Mr. Laska was not present at the meeting.
He was informed by mail that this item would be on the agenda.
John Miller addressed the board. He stated that this was placed on
last month's agenda regarding the location of Banshee Enterprises
(a landscape contractor) on land zoned for "Suburban Residential"
uses. The site of the business is on Lake Drive approximately one -
quarter mile south of the north city limits.
Mr. Laska was not present at this meeting.
Mr. Laska wants the city to do something to allow him to continue
the business use of the residentially zoned property. The land use
is not a legal non - conforming use as it was started within the last
24 months and the land was zoned residential in 1983.
Bill Hawkins, the City Attorney, and Peter Kluegel, the City
Building Official are attempting to enforce the city's zoning
ordinance and have the business relocated to a zoning district
where it would be permitted.
Robert King stated that the board cannot set precedence with this
issue. Mr. Laska knew that this was a residentially zoned area.
MOTION: Mr. King moved to recommend to the city council that the
City Attorney, Bill Hawkins handle this issue. Laska has used
residential property for his business for three years. It does not
serve the long term interests of the city to have another
contractor's storage yard located on Lake Drive. Monika Slatten
seconded the motion and the motion was approved with Mr. Robinson
abstaining.
John Bergeson stated this item is a legal issue. If Laska wishes
to relocate his business the legal enforcement could be delayed.
REVIEW AND COMMENT ON PARK BOARD RECOMMENDATION FOR AMENDING PARK
DEDICATION REQUIREMENTS.
John Miller addressed the board. The Lino Lakes Park Board is
responsible for negotiating with land developers for both land and
park facilities.
In either late 1987 or early 1988 the park fee for residential lots
was increased from about $150 to $400 per lot. Since that time
land values have increased in the city and the board members are
looking at increasing the cash dedication.
7
1
1
1
1
1
1
Design Review Board
December 12, 1990
In their negotiations with the developers, the members have noted
that most of them were more interested in paying the $400 than in
giving a land dedication. Obviously the cash was a better deal for
the developers when actually there should be little financial
difference between the two options of land or cash.
In any attempt, to rectify this situation the board and the city
staff assigned to them have proposed the following:
A. Each lot in a minor subdivision would have the fee
increased from $400 to $500.
B. For other subdivisions this formula would apply:
(Land cost) (.10) (Total Acreage) = Dollars /lot
Number of Lots
The land cost is defined as a minimum of $10,000 an acre.
Professional Opinion: So what does the formula produce in way of
park fees? Let's look at some examples: Applied to D. Erickson's
Willow Ponds this is the result:
(10,000) (.10) (13) = $481.
27
Well that shows a modest increase. Let's look at Sunrise Meadows.
Even though its already developed it should be a good test for the
formula.
(10,000) (.10) (42) = $407.
103
Hmmm. Some improvement over the current $400. but not too much.
Let's try Woodridge Estates.
(10,000) (.10) (38) = $542.
70
OK. Now the pattern emerges. Development with lower densities pay
higher rates with the formula. Here all the R -1X developments will
pay more if the park board asks for cash. Subdivisions in R -1
areas will pay lesser amounts.
Now there are two ways of looking at this. First it can be argued
that the bigger lots are more valuable and a higher dedication is
fair. And it can also be argued that large lots cover a greater
land area so they should pay more; you know, closer to the ten per
cent rule.
8
Design Review Board
December 12, 1990
The other way of arguing this is that residential areas with
greater densities need more park facilities because each lot is
smaller. Hence, the cash dedication should be greater. There are
after all more people to serve in an R -1 area vis -a -vis an R -1X
district.
Let's go back to some analysis. Using the draft formula a
residential development with a density of 25 homes per acre (about
average) would pay $400. per lot - exactly what the current rate
is. With the draft formula any density greater than 25 homes per
acre actually would pay less than the current amount. For example
three lots per acre would provide a fee of only $333. each. A
development with two homes per acre would pay $500. for each lot.
John Miller Recommend approval of the formula but just as there is
a minimum land value there should be a minimum park fee. The city
should increase that fee to $450. per lot. If the formula produces
a greater amount then fine. But if not the developer would pay the
$450. fee.
MOTION: Robert King moved to ask the park board to review this
item and look at considering a minimum and possibly a maximum cash
dedication fee per lot. The board feels that this formula would be
a great hardship for developers with only a few lots within their
plat. John Bergeson seconded the motion and the motion was
approved unanimously.
Fred Chase also asked that the park board discuss how park
dedication both cash and land would be handled for apartment
complexes.
RECONSIDERATION OF A MINOR SUBDIVISION FOR EARL OLSON, A REPLAT
WITH PARK DEDICATION INCLUDED.
John Miller stated that this is a 40 acre parcel of land located
south east of city hall. This was approved previously by the design
review board.
After council approval the park board decided they wanted to
collect 10% of the land for park purposes. Prior to this point the
applicant was going to pay a $400.00 per lot cash dedication.
The property owners do not care either way if it is cash or land,
they just want four buildable parcels.
Breaking down the 40 acre parcel would leave four 10 acre parcels
which is in accordance with the city code. The park board required
the applicant to give the city a revised certificate of survey
showing park land. The site plan shows a 4 acre parcel that is
9
1
1
1
1
Design Review Board
December 12, 1990
land locked. The city does not allow land locked parcels.
By taking the park land it leaves two lots that are under the 10
acre minimum for the zone and a variance would be required to allow
for undersized parcels. The board felt that the new certificate of
survey should have been drawn up to show three lots that would be
conforming to city code.
The design review board would like the park board to accept the
cash dedication and keep the four 10 acre parcels as originally
presented.
MOTION: Robert King moved to recommend to the city council denial
of this minor subdivision due to the fact that it would create two
non - conforming parcels. The park parcel would be land locked. The
design review board would like the park board to accept a cash
dedication of $400.00 per lot in lieu of land. Al Robinson
seconded the motion and the motion was approved unanimously.
CONSIDERATION OF THE FREEWAY INTERCHANGE LAND USE AND MARKETING
PLAN.
John Bergeson moved to table this item until January. Monika
Slatten seconded the motion and the motion was approved.
Al Robinson moved to adjourn the meeting. King seconded. Meeting
adjourned 8:46 p.m.
10