HomeMy WebLinkAbout06/12/1991 P&Z Minutes1
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DESIGN REVIEW BOARD
June 12, 1991
Chairperson Fred Chase called the regular meeting of the design review board to order
at 7:00 p.m., at the Lino Lakes City Hall. Members present were: Al Robinson, John
Bergeson, Fred Chase, Robert King and Monika Slatten. Also present was City
Planner, John Miller; and Planning Secretary, Laura Elken.
CONSIDERATION OF MINUTES
Robert King moved to approve the May 8th design review board minutes. Al
Robinson seconded the motion and the motion was approved unanimously.
CONSIDERATION OF A MINOR SUBDIVISION FOR THOMAS BRUNNER,
APPLICATION #91 -19.
Thomas Brunner, 170 Linda Avenue addressed the board. He is attempting to
purchase two acres behind his residence. This area would primarily be used for open
space for his family.
The land is zoned R -1 X.
Al Robinson asked about the easement running in the back yard. Mr. Brunner stated
there is a power line there.
MOTION: Robert King moved to recommend to the city council approval of a minor
subdivision for Thomas Brunner as described in DRB Application #91 -19 contingent
upon the following:
1. The new parcel be combined with the applicants present property for tax
purposes.
CONDITIONAL USE PERMIT FOR BILL'S AUTO REPAIR /BILL FLANAGAN DRB
APPLICATION #91 -20.
Bill Flanagan approached the board asking for an extension of his conditional use
permit.
In 1983 the applicant requested a conditional use permit from the city to construct
a 40 x 60 foot pole barn for storage purposes. Flanagan told the city that the pole
barn would permit him to take the exterior storage he had on the site and move it
inside. In addition the applicant also reported that "...there will be no waste water
generated on the site, therefore, no need for an on -site septic system." City Planner,
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June 12, 1991
Bill Short, also stated in his letter of October 6, 1983 that "The applicant indicated
to me that all storage will occur within the building plus any temporary exterior
storage will be screened by the fence. These understandings should be recorded in
the conditional use permit ". Short asked for more detail on the Flanagan proposal.
The west side of the storage building site there is an area that shows "black top" and
six parking spaces. It also shows a grassed area and an area of oak trees and an area
of pine trees. In addition a "Fence 6' High Wood" is shown on the south side of the
property and appears to extend the entire side lot between the storage building and
the single - family residence at 900 Maple Street.
John Miller's inspection of the property prior to preparation of this ordinance showed
the following:
1. No black top on the west side of the building.
2. No oak or pine trees.
3. A wood fence extending only part way between the residence and the
auto body shop. In addition it was leaning toward the residence.
4. Several cars parked in the "grass" area including but not limited to
A. Oldsmobile with plat expired September 1990.
B. Chevrolet truck with plates expired March 1991.
C. Lincoln with plates expired September 1990
D. Inoperable 1965 chevrolet.
E. Inoperable 1950's vintage Pontiac.
5. Storage of wood timbers and several 4 x 8 panels.
6. Storage of residential windows.
7. A 10 x 12 metal storage shed.
8. Metal Cupola approximately four feet high.
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DESIGN REVIEW BOARD
June 12, 1991
9. Unscreened used parts trailer adjacent to the residential property.
10. Two business signs - one on the building and one on the metal gate - no
permits issued.
He noted that a spray booth had been installed and in a later conversation with the
applicant 1 was informed a septic tank and drainfield had been installed for the storage
building - no permit issued.
Peter Kluegel had become aware of the building's changed use and contacted Mr.
Flanagan and asked him to amend the conditional use permit. More recently the
operations of K and C Custom asked for a sign permit for a billboard on Lake Drive.
No action was taken on the request pending resolution of the conditional use permit
issue.
The new owner is seeking an after - the -fact conditional use permit for an auto body
shop located adjacent to an established residential neighborhood. If there is a single
land use incompatible with residences it is auto body shops. Damaged cars, noise,
fumes all have detrimental affects on nearby homes. In addition, it is also apparent
the applicant did not honor the previous conditional use agreement. Not only did he
convert the building to another use but items such as asphalt parking areas never
were completed.
Mr. Flanagan stated that he is willing to go along with all of Mr. Miller's
recommendations. He did have a question about accepting outside storage. he said
that they work on antique cars that are not licensed. Sometimes they only work on
the antique cars while they are not busy with their regular work. He said that he
would need outside storage for those cars.
Kevin Schute a co -owner of K & C Custom stated that he is asking for four customer
parking spaces, parking for two company vehicles and two personal vehicles that are
used every day.
John Bergeson asked if the city has a policy requiring the board to enforce the original
agreement and make that good before any new agreements be approved. John Miller
stated that in theory the city council is to review all the conditional use permits for
compliance. If the city council finds its not being followed it can be revoked. Other
applications regarding a boat house on Otter Lake had the same type of situation. The
applicant was required to make good on the old request before the new one was
approved.
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DESIGN REVIEW BOARD
June 12, 1991
John Miller suggested that if the board is concerned about the applicant not meeting
his requirements then the city could ask for a cash deposit to be held until things are
completed.
John Miller stated that the board has several options to choose from:
1. Approve the CUP.
2. Require the applicant to live up to the 1983 conditional use permit, and
ask for a $2,000 to 3,000 cash deposit to be given back when the job
is completed. This could also be a letter of credit.
3. Deny the request.
Mr. Flanagan stated that the black top work will be starting this weekend. The rest
of the clean up work will also start tomorrow.
Mr. Chase questioned the applicant regarding if this request would intensify the
conditional use permit. The applicant stated that he is specializing in exhaust work
and cars come and go and often times the customer waits for the job to be
completed. Therefore, he feels the intensity would remain about the same.
John Bergeson asked if area residents will be informed. A conditional use permit is
requires a public hearing. The city clerk notifies residents 350' from the affected
parcel of the public hearing.
MOTION: Al Robinson moved to recommend to the city council a conditional use
permit for Bill Flanagan /K and C Custom to operate an auto body shop as described
in DRB Application #91 -20 with the following conditions:
1. Remove the present wood fence. Replace it with a 6 foot high
board on board fence 1) observing the front property line and 2)
extending the entire length of the side lot line.
2. Downsize the driveway to 26 feet. Replace the gates across the
driveway and remove the advertising sign from the gate. The new
gate should swing in and not into the street right -of -way.
3. One professionally constructed sign should be permitted on the
building meeting all requirements of the city's sign ordinance.
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DESIGN REVIEW BOARD
June 12, 1991
4. The dumpster should be removed from the front of the building
and located in the southwest corner of the property.
5. Clean the site of all windows, timbers, panels, metal, tires, and
other material.
6. Install the asphalt driveway and parking area as shown on the
1983 conditional use site plan.
7. Locate a curb on the west side of the building to protect the metal
exterior from automobile traffic.
8. Remove the recently erected 10 x 12 metal storage shed.
9. All areas not covered with asphalt are to be seeded to grass.
10. No outside storage of car bodies, frames, fenders, hoods, or
"parked cars" is to be permitted.
11. the unlicensed vehicles at the site are to be moved inside or
removed from the property.
12. All outside lighting is to be hooded so no glare falls on the
adjacent residential area.
13. All other applicable requirements of the 1983 conditional use
permit (as determined by the city's building inspector are to be
implemented.
John Bergeson wished to amend the motion to include: Monika Slatten 2nd the
amendment.
14. The applicant must apply for all appropriate permits for previous
improvements that were not paid for originally.
15. The city's building official will inspect the site in 60 days to be
sure that all the requirements have been completed. The CUP
could be denied if all the requirements are not completed.
16. Four customer parking spaces will be allowed, two company
parking spaces, and two personal parking spaces will be allowed.
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DESIGN REVIEW BOARD
June 12, 1991
John Bergeson seconded the motion and the motion was approved unanimously.
REVIEW OF A MINOR SUBDIVISION FOR WILLIAM NADEAU, APPLICATION #91 -23
AND VARIANCE, APPLICATION #91 -24.
The applicant, William Nadeau, lives at 6687 20th Avenue. His residence is located
on a three acre parcel measuring 220 x 610 feet. Nadeau purchased the lot from his
Father and Mother, Pierre and Norma Nadeau. At this time the applicant wishes to
sell his residence and to purchase a larger parcel (15.61 acres) from his parents and
to build a new dwelling.
The parents received approval of a metes and bounds subdivision several years ago
that created several Tots with frontage on both Birch Street and 20th Avenue. The
land that Nadeau wishes to purchase includes all of tract D and parts of tracts B and
C. This requires action by the city in form of lot subdivisions and combinations.
The minor subdivision is needed to combine two parcels (tracts E and F) and change
boundary lines for other parcels (tracts B, C, and D). A variance is needed because
tract B is being reduced in size from 10.15 acres to 4.08 acres.
Zoning: The land is presently zoned "R" Rural. Minimum lot size is 10 acres with 330
feet of frontage. Sewer and water is not available and the land is not within the
Metropolitan Urban Services Area.
There are about a half dozen one -acre Tots, an outlot meant to be a future point of
access, a couple of three acre lots, and no less than six flat Tots. In addition an NSP
Easement crosses the land and a wetland exists on the west side of the original 80
acre parcel. With the advent of utilities resubdivision for city sized lots will be
extremely difficult.
John Miller visited with the applicant and his father and Mr. Nadeau agreed to:
1. Increase the size of tract D from 10.13 acres to 15.61 acres.
2. Combine tract E (10.12 acres) with tract F (3.47 acres) giving a single
new parcel with 13.59 acres.
3. Increases the size of tract C from 10.14 acres to 10.75 acres.
4. Reduce the size of tract B from 10.15 acres to 4.08 acres.
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DESIGN REVIEW BOARD
June 12, 1991
With the Nadeau request the city is able to eliminate a 3.47 acre lot and gets a 4.08
acre lot in return. There is one lot eliminated and some of the flag Tots are given
better form.
The requests should be approved. The city will get land parcels that are more easily
subdivided in the future - as will the landowners.
MOTION: Monika Slatten moved to recommend to the city council approval of a
minor subdivision for William Nadeau for land on 20th Avenue as described in DRB
Application #91 -23. Robert King seconded the motion and the motion was approved
unanimously.
MOTION: Monika Slatten moved to recommend to the city council approval of a
variance to permit the creation of a residential lot with an area of 4.08 acres as
described in DRB Application #91 -24. (The lot brings the Nadeau metes and bounds
subdivision more closely to compliance with current city code). Robert King seconded
the motion and the motion was approved unanimously.
CONSIDERATION OF A PRELIMINARY PLAT FOR AMELIA LAKE ESTATES, RON
BIRCH, APPLICATION #91 -21 AND REZONE TO R -3 AND PUD, APPLICATION #91-
22.
Earlier this year Ron Birch visited with the board and presented a concept plan
showing development of the east shore of Lake Amelia into an area of high value
townhouses. The concept plan was approved by the board.
Later Birch visited with the park board, Vadnais Lake Area Water Management
Organization, and the DNR. Birch eventually received concept plan review and
approval from all of these agencies.
Birch only recently found that sewer and water were available from White Bear
Township. This was something of a surprise to the city also as it was long believed
that the only sewer availability was from the trunk sewer being constructed in
Centerville Road.
Because of the uncertainty of sewer availability Birch's land was not located within
the MUSA boundary and the comprehensive plan showed the land being reserved for
future use and classed as "rural ". To complete the townhouse project then several
things must happen:
1. Conclusion of an agreement with White Bear Township to make utilities
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June 12, 1991
available to Birch.
2. Comprehensive Plan amendment to get Birch's land into the MUSA
boundary. The council has authorized this and the request has recently
been submitted to the Metropolitan Council.
3. Completion of a tax increment financing agreement. The site is the old
Hanson gravel pit and as a result "soil corrections" are needed before
any development can happen. State law permits tax increment financing
for soil correction. Ron Batty, the city's development attorney is
completing the agreement at this time.
4. Rezoning of the land from R -X, Rural Executive to R -3 Medium Density
Residential to R -5 Planned Unit Development. The rezoning to R -3 is
necessary as the city's zoning ordinance does not permit rezonings to R-
5 Planned Unit Development to increase density.
5. Preliminary plat approval.
Birch's preliminary plat shows a slightly different configuration of dwellings than was
on the concept plan. And, it's really not as good as shown on the concept plan. The
reason for this is the insistence of the DNR on a 100 foot setback from Lake Amelia
and not the 50 feet it had originally agreed. The result is a less curvilinear design and
it appears a little more dense. In reality the density is the same. The DNR, by not
showing any flexibility, has caused a deterioration in quality of design.
With regard to the preliminary plat please see Dan Boxrud's review of engineering
issues.
Comprehensive Plan: The 1990 Comprehensive Plan shows the land being reserved
for future residential use. A 1991 plan amendment has been submitted to the
Metropolitan Council to show the land 1) within the Metropolitan Urban Services Area,
and 2) available for multiple family housing.
The 1989 Housing Analysis completed for the city documents a need for townhouses
and other multiple - family dwellings in the city. The high -value townhouses would
serve a niche in the housing market not presently provided by the city.
Zoning: Present zoning is R -X Rural Executive. Rezoning to R -3 Medium Density
Residential and R -5 Planned Unit Development is proposed.
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DESIGN REVIEW BOARD
June 12, 1991
The townhouses will transform an area that has been used by St. Paul residents as
a dump and change it to an area paying a considerable amount of property tax and
providing freeway travelers with an positive first impression of Lino Lakes.
Ron Birch discussed a problem he had with the park board. The park board wishes
to install public 8 foot bituminous trails. Mr. Birch would like them smaller and
private. After some discussion it was decided that this issue best be decided at
council level.
Mr. Chase asked about further development to the north of this area. Mr. Birch also
owns that property and will eventually develop it. That area is zoned R -X.
The board wishes to look at the townhomes in further detail. Mr. Birch will provide
the board with colors, building materials, etc. He will discuss this with Mr. Miller.
Reviewing the townhomes will not delay Mr. Birch in any way.
MOTION: Robert King moved to recommend to the city council approval of a rezoning
for property described in DRB Application #91 -22 from R -X to R -3 Medium Density
Residential. Monika Slatten seconded the motion and the motion was approved
unanimously.
MOTION: Robert King moved to recommend to the city council approval of a rezoning
for property described in DRB Application #91 -22 from R -3 to R -5 Planned Unit
Development. Requirements of the R -5 zoning to include:
1. Construction of residences as shown on the submittal to the city dated
May 24, 1991. The building and site plans will be reviewed by the
design review board at a later date.
2. Completion of the overall and typical landscaping plan as submitted to
the city.
3. Completion of the berming and trails shown on the grading plan
submitted to the city.
4. Completion of the ponding and roadway to city standards.
5. Submittal to the city attorney of a Homeowners Association Agreement
permitting assessment of homeowners for maintenance of the buildings,
roadways, and common areas of the subdivision.
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DESIGN REVIEW BOARD
June 12, 1991
Monika Slatten seconded the motion and the motion was approved unanimously.
Mr. Chase asked about the overall size of the Tots. Also John Bergeson asked that if
phase two never does become a reality there should be a temporary cul -de -sac at the
end of the street for providing a turn around. The board discussed that this temporary
cul -de -sac be installed once final paving is completed. Mr. Birch stated that most all
of the townhomes would be constructed at that time, and he would have a better
knowledge if phase two would be a reality. Once Mr. Birch starts phase two the
street will be extended immediately.
MOTION: John Bergeson moved to recommend to the city council approval of the
Amelia Lake Estates preliminary plat as described in DRB Application #91 -21
incorporating the comments of the city engineer which include:
1. Anoka County Highway Department approval.
2. DNR approval.
3. Documentation of VLAWMO approval.
4. Final engineering review of the construction grading plat after reviewing
the foregoing.
5. Review by the fire chief of the street layout.
6. Development of an appropriate Homeowner's Association.
7. Lot sizes are to be approximately 50' by 75" as shown on plat.
Robert King seconded the motion and the motion was approved unanimously.
MOTION: John Bergeson moved to recommend to the city council that the developers
agreement include language on providing a temporary cul -de -sac in case development
stalls between phases. Al Robinson seconded the motion and the motion was
approved unanimously.
REQUEST FROM THE ANOKA PARKS DEPARTMENT FOR A MINOR SUBDIVISION,
DRB APPLICATION #91 -25.
The Anoka Parks Department wishes to build a new road to serve as the main
entrance to Chomonix Golf Course. Presently the entrance to the golf course is from
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DESIGN REVIEW BOARD
June 12, 1991
West Shadow Lake Drive. This entrance forces a large amount of non - residential
traffic to use what is basically a neighborhood street. The golf course and the
residential neighborhood on the west shore of Reshanau Lake will both be better
served by a new access located on the west side of the playing area.
The present road leading to the golf course (Aqua Lane) is only 33 feet wide. Current
city standards require 60 feet of right -of -way for city streets. To build the road, the
Parks Department needed an additional 27 feet. The attached request for a minor
subdivision will permit the transfer of land title so that the road may be constructed.
The land is located on the north side of the present Aqua Lane. That street is the
zoning boundary between two different districts. The north side of Aqua Lane is
located in the R -4 High Density Residential district. Minimum lot size is 22,500
square feet. The parcel in question includes an area of .79 acre and no variance for
lot size is needed.
John Miller stated that relocation of the entrance to the golf course is beneficial to the
residents of West Shadow Lake Drive as suggested earlier. It's also beneficial to the
Parks Department as the new entrance will be from a state highway and closer to the
freeway. More customers should result. And, for golf course users there is benefit
in quicker, easier access to their destination. Everyone wins.
It should also be noted that the widened roadway will permit:
1. Establishment of a 90 degree intersection at T.H. 49, something the
present Aqua Lane does not have.
2. Resolution of the roadway /parking conflict with the Bastien Products
business located on T.H. 49 and south of Aqua Drive.
3. Establishment of a 4 -way intersection with the road leading to the
Wenzel Farm townhomes.
4. Eventual location of a trail on the north side of the road leading from the
townhomes to the golf course area.
Presently some issues must be resolved concerning construction but those matters
are beyond this application.
John Bergeson asked about a signal light at this intersection. John Miller stated that
if a signal Tight were to be installed at that intersection there would be state
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participation in financing of the project. There should be no cost to the city.
The Anoka County Highway Department will come before the board for the plan
review.
MOTION: Robert King moved to recommend to the city council approval of DRB
Application #91 -25 permitting a minor subdivision of land as requested by the Anoka
Parks Department. Monika Slatten seconded the motion and the motion was
approved unanimously.
OLD BUSINESS
Fred Chase stated that he has been working on the zoning ordinance with Alan Irwin
and he is almost completed. He will give the draft to Laura to type up and then next
month copies should be distributed to everyone.
This is Laura Elken's last meeting. The board gave her a warm good bye.
(I have learned a tremendous amount by attending the DRB meetings, and I will truly
miss all of you. Bye.)
Meeting adjourned 8:31.
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