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HomeMy WebLinkAbout12/14/1983 P&Z Minutes1 Planning & Zoning Board 7 December 14, 1983 Mr. Kluegel reported that the Stanley variance request was denied by the Council. Mr. Hawkins, the City attorney, has sent Mr. Kluegel the law regarding condominiums. Mr. McLean and Mr. Prokop were both concerned about the Stanley situation and wanted the City attorney and City Planner to be aware of this. Mr. McLean felt it would be beneficial if the City attorney would attend the next Planning and Zoning Board meeting to address this situation. Mr. Flanagan's request for a Conditional Use Permit was approved. The Culbertson's request for a Conditional Use Permit for Kennel License was approved. The Planning and Zoning Board had discussed the Kennel Code. Mr. Kluegel had talked to surrounding communities regarding their Kennel license requirements. This issue will be discussed further under Old Business. Mr. Kluegel noted the final plat of Rice Lake Estates had been received in the office. It will be at least five weeks before it goes to the Council for final approval. It must have a completed Environmental Work Sheet Assessment and this will take at least 30 days. Mr. McLean wanted to be sure the Planning and Zoning Board was informed of the final plat hearing because the Board is concerned about the Park issue. HOUSE MOVE -IN - ORRIN CLOVER Mr. Clover explained he wishes to move a house onto his present property at 7973 - 20th Avenue. When the moved in house is completed for occu- pancy, the old house will be destroyed. Mr. Clover noted he owns ten (10) acres and is zoned Rural. Mr. Kluegel described the house to be moved in and explained Mr. Clover felt it would be more beneficial to move in a better house rather than try to remodel the old house. The setbacks are satisfactory. Mr. Prokop asked when this situation would be accomplished. Mr. Clover explained Hank Miers will build the basement in the spring and Mr. Clover will complete the rest of the house right away. Mr. Prokop asked about the well. Mr. Clover explained he will try to use the present well but will have a well man evaluate this situation for him. The septic system will be an entirely new system. Mr. McLean asked about perks and borings and Mr. Kluegel said he had both sets. Mr. Prokop was concerned about the ifs in this situation, if the house will fit, if the present well can be used? Mr. Clover said there is no problem with the house fitting the site and presented a site plan indicating footage. The well will be determined by a well man. If the present well will not work a new well will be dug. Mr. Prokop asked if the house meets City Code. Mr. Clover said all items will be brought up to code, a new heating plant will be installed. Mr. Ostlie asked Mr. Kluegel if he measures output from a well. Mr. Kluegel said he depends on the logs from well drillers for new 8 December 14, 1983 wells. In this case, he will depend on the well man's recommendations. Mr. Clover noted all the other buildings will remain. Mr. McLean asked about time considerations. Mr. Kluegel said the City Council wants the Planning and Zoning Board to set time frames on all Conditional Use Permits. Mr. Prokop asked how the Inspections Department would require or enforce time limits. Mr. Kluegel said he would require Mr. Clover to appear before the Council if the time limits were exceeded. Also there is a 1% escrow requirement for site and building plan approval. This escrow would not be refunded if the time limit was exceeded. Mr. Doocy asked about the crawl space. It was explained there will be a basement, it will be similar to the house at 920 Birch Street, the basement will be half way out of the ground. Mr. Ostlie asked about the site plan, will there be room for other homes. It was explained that this home will be located at one end of the property and will allow for further subdivision. There was discussion with Mr. Clover as to when he felt the moved in house could be completed and the old house removed. Mr. Clover felt the moved in house will be ready for occupancy by September 1, 1984 and the old house removed by November 1, 1984. Mr. McLean moved to recommend approval of a moving permit for Mr. Clover at 7973 - 20th Avenue, Lino Lakes, the moving permit to apply to the move in of a house that has been described approxi- mate square footage of 1162, also to be attached to this recommen- dation for approval is a commitment on the part of Mr. Clover to complete all construction prior to issuance of a complete occupancy permit by September 30, 1984 and that the existing home will be removed and all debris related to it be moved and that the existing home site will completely rehabilitated all by November 1, 1984. Further all the conditions of the City Building Code must be met before the com- plete occupancy will be issued on September 30, 1984. Mr. Clover was told this would be forwarded to the City Council for their consideration on December 27, 1983. CONDITIONAL USE PERMIT - ADVERTISING SIGN - WENDELL HENDRICKSON (Continued from November 9, 1983) Mr. Hendrickson said he had met with Mr. Kluegel regarding a sign he has on a trailer located on 35W near Main Street. Mr. Kluegel said he has a problem in determining what type of sign this would be, advertising sign or business sign. This request is for a Conditional Use Permit - Advertising Sign in a Rural area. Business signs would not be allowed in a Rural area. Mr. McLean asked if there is a Sign Permit Application for this sign. Mr. Kluegel explained, no not yet. He also asked what material the sign was to be constructed from. Mr. Kluegel explained Mr. Hendrickson is proposing a sign constructed by erecting telephone poles in concrete with a 2' x 4' frame and be two faced. Mr. McLean noted the Sign Ordinance called steel posts and must meet certain wind load limits. 1 December 14, 1983 Mr. Prokop felt he would need an opinion on the suitability of the proposed sign from someone knowledgeable in this area. Mr. Hendrickson asked if he could guarantee the sign, would the Board approve the sign? Mr. Prokop asked Mr. Hendrickson to prove the worthiness of the sign. Mr. McLean felt Mr. Hendrickson should complete a sign application form that would show location with setbacks and locations noted. Mr. Kluegel asked if it was alright to keep the temporary sign until the new sign is installed? The concensus was it could remain until the entire situation is resolved. Mr. Goldade asked that Mr. Hendrickson submit a completed sign application indicating locations and a statement by a certified sign builder regarding the longevity of the sign materials and the wind load ability. Mr. Kluegel-is to take these items to the City Engineer for his approval. Mr. McLean moved to lay over the request by Mr. Hendrickson for a Conditional Use Permit - Advertising Sign until the January meeting at which time Mr. Hendrickson will supply data to support the conten- tion that the wood structure will be equal to the steel structure specified in all advertising signs in the City and also his submission will include locations of the proposed sign on his property with demension. Mrs. Klaus seconded the motion. Motion declared passed. Five minute recess. VARIANCE - PHILLIP OSHEIM Mr. Dick Bean, Attorney representing Mr. Osheim, explained that Mr. Osheim is requesting a variance to split off approximately 1/3 acre from his property and deed it to Title Insurance of Minnesota. This parcel of land contains two septic systems and part of a third system for the adjoining townhouses. Since Title Insurance had not indicated the presence of the septic systems on Mr. Osheim's property when they performed the title search they are proposing to buy this 1/3 acre from Mr. Osheim and negotiate with the townhouse owners to sell the parcel to the townhouse owners. Mr. Bean explained the location of the property on Shadow Court and indicated the location of the townhouses. Mr. Bean asked for a variance to the City Code Section 1001.18 and said he would be willing to agree to any restrictions or covenants the Planning and Zoning Board would require on the 1 /3rd acre. He felt this is definitely a hardship of the land. He also noted that they had explored resolving this problem by easement. However, this would not be practical because Mr. Osheim's back yard would occasionally have to be dug up by the townhouse owners for septic repair & maintenance. Mr. McLean felt that the approval of the variance could be contingent on the 1 /3rd acre being purchased by the townhouse owners. Mr. Bean said he could go along with this idea. Mrs. Klaus felt she was not comfortable with the idea that this is indeed a hardship of the land uncreated by anything that man has done and would like some guidance from the City Attorney. Mr. McLean felt 10 December 14, 1983 Mr. Hawkins should specifically address Subdivision 7 of the Zoning Ordinance in his response. Further, Mrs. Klaus would like to know exactly where the septic systems are so that this problem will not come back to the Planning and Zoning Board again. Mr. Ostlie said he would like to know where the septic systems are in relation to the lines on the proposed subdivision plot. Mr. McLean felt that Mr. Hawkins should give the Planning and Zoning Board the rational or basis for dealing with this variance. Mrs. Klaus moved to table the request for a lot size variance for Mr. Phillip Osheim at 75 Shadow Court, Lino Lakes, until the Board can get a written opinion from the City Attorney especially in regard to the Zoning ordinance, Subdivision 7, Variance and Appeals which we seem to have a problem with the hardship situation in this case and would request that when Mr. Osheim comes back to this Board that he has the exact location of the septic tanks and drainfields so that we know that the proposed division line would be correct as far as containing the septic system and fields within the new proposed lot. Mr. McLean seconded the motion. Motion declared passed. PROPOSED LOT SPLIT - MOSE PARISEAU Mr. McLean introduced Mr. and Mrs. Pariseau who asked to have a proposed lot split presented to the Board tonight although the item was not on the agenda. The Board agreed to hear the proposal as a feasibility. Mrs. Pariseau described the property as containing 32 acres and two residences located at 6209 and 6217 Centerville Road. She is pro- posing splitting the lot into a ten acre lot (Lot B) and the second lot containing the remainder of the property (Lot A). Lot B has a 90+ frontage. Lot A has a 400' frontage. This property is in the Rural zone. Mr. Prokop said he could not approve of creating a lot that would not conform to the present Code since Lot B has less than the required frontage. Mr. McLean pointed out the newly created lot would contain the required frontage, the remainder of the property would have less than the required frontage and did not know the legal ramification of this. Mr. Kluegal suggested that the proposal be submitted to the City Planner for his remarks. Mrs. Klaus did not feel the Board would create a substandard lot. Mr. McLean suggested that possibly the remaining lot B be treated as a road easement. It was pointed out the original farm buildings are on this lot. Mr. and Mrs. Pariseau were told that this subdivision will be referred to the City Planner for his review indicating the Planning and Zoning Board's thoughts of labeling Lot B as a road easement. The Pariseaus were told there would be a charge for the Planner's review. December 14, 1983 11 OLD BUSINESS Mrs. Klaus asked that Don Volk submit to the Board his reasons for Ipreferring a T turn around rather than a cul -de -sac when a new street is installed but not to its total length. IMr. Kluegel showed the film strip "Land Use Planning" to the Board. Mr. Goldade asked if dogs in Kennels are required to have rabies shots and individual licenses. He was told the only license required is a kennel license and proof of rabies shots are not required. The Board asked Mr. Kluegel to prepare a revision to the Kennel section of the City Code to show that all Kennel License holders must obtain a license for each dog over six months of age without additional charge and show that each dog has rabies shots. Mr. Goldade asked Mr. Kluegel to contact Moundsview and ask for a written definition of residential and commercial zones. Moundsview will not allow Kennels in any area other than a commercial area. NEW BUSINESS Mrs. Klaus'thanked the City for allowing her to attend the Planning and Zoning workshop. She, reviewed the workshop for the Board. Mr. Kluegel told the Board that a representative from Naegle Sign Company will be before the Planning and Zoning Board probably in January when the Board revises the present Sign Ordinance. Mr. Goldade moved to adjourn at 10:30 P.M. Mr. McLean seconded the motion. Aye. January 11, 1984 The regular meeting of the Lino Lakes Planning and Zoning Board was called to order at 7:35 P.M., Wednesday, January 11, 1984 by Chairman McLean. Mr. McLean thanked Mr. Prokop for his leadership and cooperation in the past year and looked forward to the coming year. He noted that all past Planning and Zoning Board members have been reappointed. Members present: Goldade, Ostlie, McLean, Doocy, Prokop, Cody. Mrs. Klaus arrived about five minutes later. Mr. Kluegel, Zoning Official and Mr. Bill Hawkins, City Attorney were also present. ELECTION OF VICE CHAIRMAN Mr. Goldade moved to table the appointment of a Vice Chairman until the full board was present. Mr. Doocy seconded the motion. Mrs. Klaus arrived. Mr. Goldade withdrew his motion. Mr. Doocy moved to nominate Mr. Wally Ostlie for Vice Chairman. Mr. Prokop seconded the motion. Mr. Ostlie moved to nominate Mr. Doocy for Vice Chairman. Mr. Doocy asked that his name be withdrawn. Mr. McLean asked for other nominations. Mr. Prokop moved that nomina- tions be closed. On voting for both nominations, all voted in favor except Mr. Ostlie abstained. Motion declared passed.