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HomeMy WebLinkAbout12/11/1991 P&Z Minutes1 1 1 DESIGN REVIEW BOARD DECEMBER 11, 1991 Mr. Robert King called the December 11, 1991 meeting of the Design Review Board for the city of Lino Lakes to order at 7 P.M. Answering to Roll Call: Monika Slatten, Robert King and John Bergeson. Mr. Al Robertson arrived later. Also present were City Planner, John Miller; Engineers Dave Mattei and Ian Burrell; and support person Joyce Lund. CONSIDERATION OF MINUTES OF NOVEMBER 13, 1991 Monika Slatten moved to accept the minutes as presented, John Bergeson seconded the motion and the motion carried. OPEN MIKE Mayor Harold Bisel addressed the board: "Since my term of office is coming to a close, I would be remiss if I did not come to say thank you for your many hours of work you have given on behalf of the city of Lino Lakes. It seems like a very long time ago since we reorganized the old Planning and Zoning Board into the what is now the Design Review Board, but is has really been in the past two years. You have accomplished much in a short time. The city has grown by approximately 200 homes a year for the past three years. You have researched the ordinances and paged through hundreds of requests dealing in everything from sizes of buildings to large developments. But perhaps most important of all is that you worked harmoniously together and dealt with situations in a professional manner, acted on proposals with efficiency, and treated everyone who came before you with respect and courteousness. In the two years the Design Review Board has functioned I never received one call about the way in which you handled requests. I also want to thank John Miller who was instrumental in pulling the information together, for providing expertise on issues, and serving as your staff resource person. Thank you all." CONSIDERATION FOR CONDITIONAL USE PERMIT FOR LINDA AYDE DRB APPLICATION 91 -46 Linda Ayde was not present so Monika Slatten made the motion to 1 DESIGN REVIEW BOARD DECEMBER 11, 1991 table this item until later in the meeting. John Bergeson seconded the motion and it carried. CONSIDERATION OF REZONE DRB APPLICATION 91 -51, VARIANCE DRB APPLICATION 91 -50 AND MAJOR SUBDIVISION FOR THE SHORES OF MARSHAN LAKE DRB APPLICATION 91 -52 Jack Menkveld addressed the board and showed a plan of The Shores of Marshan Lake. The applicant wished to develop 34 acres, now zoned R -3 - requesting a change to R -1 to create 56 single - family lots. Some of the lots meet lot requirements and some are larger to allow for a triple car garage, other lots will require variances, trees now on the property will be moved to act as a buffer on Lake Drive and the Gethesmane Church property, the Park Board wants the park, which is not quite 2.5 acres, as shown. John Bergeson asked if the streets were laid out to meet developments that would adjoin the property to the north or south. The property to the north is the Gethesmane Church, that does not use all of their property. To the south is the Wenzel estate that now is for sale. When that is developed there will be an addition to the Shores of Marshan Lake park. Monika Slatten asked about the road to the north - the church. Now it is not a road, however someday it may become a road. The streets to the north and the south will be a cul -de -sac until development connects to them. Ian Burrell has spoken with Warren White about the concept plan and the rest of the information regarding soil conditions if forthcoming. The DNR may have shoreline requirements on some of the lots. Some property facing the lake have riparian rights, and will have 20,000 square feet of buildable space. Additional information regarding the preliminary plat stage, rezoning, and variances will be available for the public hearing on December 19. John Bergeson asked about the Lino Lakes inventory of R -3, medium density lots if this property is rezoned. John Miller said inventory will be increased by Wenzel Farms and the Lake Amelia townhomes. John Bergeson asked Mr. Menkveld if consideration was given to a different type of housing along Lake Drive. Mr. Menkveld said he has planned the development with a minimum number of lots with exposure along Lake Drive. Monika Slatten asked Ian Burrell if this was a concept plan and not a preliminary plat. Mr. Burrell said yes. 2 1 1 1 1 1 1 DESIGN REVIEW BOARD DECEMBER 11, 1991 John Bergeson asked about an interpretation of the Shoreline Ordinance and possibly this item should be delayed until there is a discussion with Dan Boxrud. Mr. Menkveld said he felt "out in the cold" as he has submitted his information in a timely fashion for a preliminary plat and he did not know about the lake problem until now. Motion: Monika Slatten moved to recommend to the city council approval of DRB Application 91 -51 to rezone property from R -3 to R -1. John Bergeson seconded the motion and it carried unanimously. John Bergeson asked if the 134 foot issue was different from the shoreline issue. Mr. Burrell said it was, and while the development is at the preliminary plat stage information is being gathered about drainage. John Bergeson asked John Miller if it best to handle variances in the preliminary stage of a plat development. Mr. Miller said "yes ". Mr. Miller recommended concept approval until all necessary shoreline questions are resolved. There is a public hearing on December 19th when all people concerned will see how the lots are laid out. John Bergeson asked if the board would give approval to the 134 foot lots if they approved the concept plan. Mr. Miller said "no, the board would only give approval to street design. If the 134 foot is a question, the applicant will have to buy more land or eliminate a row of lots. Things that would be approved are the location of a north /south road, the trail location, the park, one double fronted lot, one exit to Lake Drive and one cul -de -sac. Motion: Monika Slatten moved to approve the concept plan for the Shores of Marshan Lake (not the preliminary plan) until all necessary information subject to engineering and information on shoreline be incorporated into this plan. John Bergeson seconded the motion and it carried unanimously. John Bergeson asked if it would be helpful to pole the board on the issue of 134 foot lots to help the applicant so he would know how the board would deal with it. John Bergeson is in favor, Robert King concurs, and Monika Slatten agrees. CONSIDERATION OF A MINOR SUBDIVISION FOR HOKANSON DEVELOPMENT COMPANY FOR LAND LOCATED ON BIRCH STREET NEAR 12TH AVENUE Dan Boxrud will not be in attendance until 8 P.M. 3 DESIGN REVIEW BOARD DECEMBER 11, 1991 Motion: Monika Slatten moved to move agenda items #6 and #7 on the agenda until Mr. Boxrud would be present. John Bergeson seconded the motion. It carried. CONSIDERATION FOR APPLICATION FOR A MINOR SUBDIVISION FOR EDWARD TREISE, DRB APPLICATION 91 -54 Mr. Edward Treise addressed the board. The applicant has purchased 30 acres from the estate of Clifford Alcock, Parcels E, F, G and H plus the easement. Mr. Robert Cordell representative of the Alcock estate reminded the board that Parcels E, F, and G were approved and recorded in the early 1980's, (1983 or 1984). The purpose of the application is to build one family - single family residences next summer - or a year from now in the area of parcel H. John Miller said when the land was recorded there was one easement 66 feet wide and it a road easement. Mr. Treise does not want a road there and the property has sufficient frontage on Lake Drive. If the easement is vacated Mr. Treise could put a road where it will be convenient. When utilities become available the property allows for flexibility for subdivision in the future. Two things should be done: 1)the easement should be vacated, and outlot A should be rezoned from GB General Business to SR Suburban Residential. There will have to be a public hearing and city council approval. John Bergeson asked who owned the property and would they think they have a lot on a future street. It belongs to a Jerry Rosengren and he uses the land with his existing business. Motion: John Bergeson made the motion to recommend to the city council vacation of the easement on the parcel as indicated in DRB 91 -54. Monika Slatten seconded the motion and it carried unanimously. Motion: Monika Slatten moved to recommend to the city council rezoning of Outlot A and Parcel D (in Nordeen Manor) as described in DRB Application 91 -54 from General Business (GB) to Suburban Residential (SR). John Bergeson seconded the motion, it carried unanimously. Motion: John Bergeson moved to recommend to the city council DRB Application 91 -54 approval of a minor subdivision for Edward Treise. Monika Slatten seconded the motion and it carried unanimously. CONSIDERATION OF APPLICATION FOR SITE AND BUILDING FOR ROCKNE GOERTZ DRB APPLICATION 91 -55 Mr. Rockne Goertz wishes to build a office /warehouse on Lot 11, Block 1 in the Lino Industrial Park. The building will be a 61 x 70 foot concrete tilt -up panel structure, there will be no outside 4 1 1 1 1 1 1 DESIGN REVIEW BOARD DECEMBER 11, 1991 storage, a 20 foot wide asphalt drive with concrete curb is planned, the property is zoned Light Industrial (LI). John Miller recommends additional screening, landscaping and plantings - as described in the staff report. John Bergeson asked if there is outside storage at the present location. Mr. Miller said yes. Motion: Monika Slatten made the motion to recommend to the city council approval of a site and building plan, DRB Application 91 -55 for Rockne Goertz with the additions in the staff report by John Miller. John Bergeson seconded the motion and the motion carried. CONSIDERATION OF AGENDA ITEM #9, VARIANCE FOR JOHN KENNY John Miller addressed the board and said this item was informational only. Mr. Kenny has purchased the needed land from Midwest Cable and the "situation has a happy ending." CONSIDERATION OF AGENDA ITEM #10, VARIANCE FOR BOB MOSER John Miller explained that a survey for the home of Mr. and Mrs. Fix who live on Fawn Lane has been constructed within the five foot distance to the property line. The owners want approval from the board for the 4.3 foot distance to the property line, which is on the garage side. At the last meeting the board recommended that a neighbor be contacted to see if they would be willing to sell a small portion of land. The letter from the neighbor is enclosed and they do not wish to sell any of their land. Does the board wish to grant a variance, or should they seek some other option. Monika Slatten asked if they were to sell their home would that be a deterrent to the sale. Sally Kuether said she did not think this would affect their ability to sell and suggested they apply for a variance. Motion: John Bergeson moved to recommend to the city council approval of a variance for a home that is 4.3 feet from the property line based on the finding of fact in the staff report. Monika Slatten seconded the motion and it carried unanimously. CONSIDERATION OF APPLICATION FOR A MINOR SUBDIVISION FOR THE ESTATE OF ELSIE WENZEL DRB APPLICATION 91 -56 Sally Kuether addressed the board, she showed the board a survey of the homestead and said the applicants for the estate wish to sell the home because they need to create funds for the estate. They intend to sell one acre which will leave 37 acres remaining in the estate. John Miller said some buildings were to close to the property line, but they have a variance and other buildings will be destroyed. 5 DESIGN REVIEW BOARD DECEMBER 11, 1991 Motion: John Bergeson made the motion to recommend to the city council approval of a minor subdivision as outlined in DRB Application 91 -56. Monika Slatten seconded the motion and it carried unanimously. Motion: Monika Slatten moved to bring agenda item #4 back before the board. John Bergeson seconded the motion. CONSIDERATION OF A CONDITIONAL USE PERMIT FOR LINDA AYDE DRB APPLICATION #91 -49 Linda Ayde addressed the board. The applicant resides on a 10 acre parcel of land that is the former homestead for a larger farm and wishes to remove the accessory buildings and construct a garage and an addition to the barn. John Bergeson asked if the square footage the applicant wishes to construct is the same as the last time she appeared before the board. Ms. Ayde said she had 500 less square footage than she thought. John Miller said Ms. Ayde wants to trade in the square footage she will tear down in exchange for new buildings. The square footage of the new construction will be larger than the square footage in the old buildings. Mr. Miller said one way to do this would be to apply for a variance or a conditional use permit. The applicant is more interested in building and will petition to change a conditional use permit to a variance, as the land use will remain the same. Mr. Miller recommended a variance and will do a six finding of fact before the issue goes before the council. John Bergeson asked about the zoning, the area in question is zoned Rural Business Reserve having the same requirements as when the RBR was created. The zoning ordinance does not give accessory building limits and the revised zoning ordinance has not been approved by the city council as yet. Ms. Ayde could have a building permit before the city council approves the forthcoming zoning ordinance. Motion: John Bergeson recommended DRB Application 91 -49 be withdrawn (by the applicant - in writing) and the fee be refunded as the zoning ordinance currently in effect does not restrict accessory building sizes in the Rural Business Reserve. Monika Slatten seconded the motion and it carried unanimously. Motion: Monika Slatten made the motion and John Bergeson seconded it to bring agenda item #6 before the board. Carried. 6 1 1 1 1 1 1 DESIGN REVIEW BOARD DECEMBER 11, 1991 CONSIDERATION FOR A MINOR SUBDIVISION FOR HOKANSON DEVELOPMENT COMPANY FOR LAND LOCATED ON BIRCH STREET NEAR 12TH AVENUE Kirk Corson, a representative of Hokanson Development, addressed the board. The applicant wishes to divide land purchased from Audrey and Pershing Weaver and subdivide the 40 acre property into 42 lots, zoned R -1X and will be known as Quail Ridge. Mr. Corson used the overhead to acquaint the board with the project. They have used current restrictions regarding the flood plane, and there is no impact on the wetlands, lots are 12,825 square feet - the right size, a 3.1 acre park with trail access to Black Duck to the west, the houses will be split level, there will be access to the Vaughan and Houle property, and consideration to ponding. The Weavers want to retain a portion of the property. Motion: Monika Slatten recommended to the city council a minor subdivision DRB Application 91 -57. John Bergeson seconded the motion. It carried unanimously. Dan Boxrud addressed the board. The island will be used as parkland. Access from the plat will need to be decided by the park board. The DNR has responded to the trail system and recommended a floating walkway, and the county will allow a trail on the right - of -way. If there is a need for parking, Ed Vaughan has two lots adjacent to Quail Ridge to the north. Mr. Boxrud continued: if the Shoreline Ordinance does apply to this property, there would be a need for 20,000 square foot lots with 150 foot setbacks from the high water mark. Maybe this project is infeasible. John Bergeson asked who defines Wards Lake and would it be possible to change the boundary of the lake. Mr. Boxrud said the DNR defines the lake. Ed Vaughan, 600 Birch Street, addressed the board. Mr. Vaughan stated that the DNR controlled the 100 year flood plane. He also added that Mr. Weaver sold dirt off of this property for use in building the freeway. It will be a hardship for the Weavers to develop the property if Hokanson Development cannot. Mr. Vaughan said in his farming process he is doing more harm to the land by using pesticides and herbicides than houses on the property would do. John Bergeson asked from what point would the lots on the outside of the development be measured. Mr. Boxrud said when there are wetlands involved there is a required 75 square foot minimum for all house pads with 135 feet from front to the back of the lot. Al Robinson said if we had to fill in wetland for the trail the base would have to be as wide as 40 feet. He feels the Shoreline 7 DESIGN REVIEW BOARD DECEMBER 11, 1991 Ordinance applies to this development and is in favor of issuing a variance, but it would cost a lot of money and could be turned down later. Dan Boxrud said if the Shoreline Ordinance applies and a variance issued, the lots affected are those referred to on page seven of the staff report. Al Robinson asked if the board could pass on a variance, and then have the developer apply for one. The board also has to decide if the Shoreline Ordinance does apply to this piece of property. Motion: Al Robinson made the motion that the plat does come under and the Shoreline Ordinance does apply in Lino Lakes referring to Quail Ridge. Monika Slatten seconded the motion and it carried. Motion: Al Robinson made the motion to include a recommendation to the city council for a variance as it applies in the memo of December 5 on pages seven and eight. Monika Slatten seconded the motion and it carried unanimously. John Bergeson asked if the developer could adjust some of the lot lines and therefore get rid of some of the variances. Motion: Al Robinson made the motion to amend the motion to include the adjusting of some of the lot lines to require fewer variances. Monika Slatten seconded the motion and the amended motion carried unanimously. Dan Boxrud recommended the design review board change the ordinance in the staff report (on page 9). Monika Slatten asked to delay the decision until the DNR sends a new ordinance in January. Motion: John Bergeson made the motion to recommend to the city council approval of the minor subdivision DRB Application 91 -57 with the following conditions: a cul -de -sac be constructed at the north end of Quail Ridge, if the park board wants a parking lot, they are to negotiate for it, and the application is reviewed by the ACOE and the DNR. Al Robinson seconded the motion which carried unanimously. CONSIDERATION OF OLD BUSINESS There was no old business. 8 1 1 1 1 1 1 DESIGN REVIEW BOARD DECEMBER 11, 1991 CONSIDERATION OF NEW BUSINESS Joyce Lund informed the board that this has been John Millers last meeting in the capacity of city planner. Monika Slatten asked to let the record show a thank you to John Miller for all his work, without his help meetings would not have run as smoothly and the applications would not have been handled as professionally. John Miller will be greatly missed. ADJOURNMENT The design review board was adjourned at 10;07 P.M. 9