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HomeMy WebLinkAbout07/26/1975 P&Z MinutesJULY ,.6, 1975 L ' The Lino Lakes Planning and Zoning Board Meeting was scheduled for July 16, 1975. Members present: Gourley, Karth and Shearan. Members absent: Kelling,H Nadeau and Hill. Councilman Marier was also absent. Planner Lee Starr was present. Due to a lack of a quorum the meeting was not called to order and the minutes of the previous meeting were not approved. Because all the people that had requested to be on the agenda were present, an informal discussion took place of each problem. Before the discussions were opened Chairman Karth cautioned all that the Council might ask that everyone return to the August meeting in order to get the opinion of a majority of the members of the Planing and Zoning Board. Mr. Karth stated that the members present could not actually make any recommendations to the Council, they could merely present their opinions. Mr. Gerry Blackbird was here to represent North - Northeast Realty. They are selling the property located at 7309 Lake Drive now owned by Glenn Rehbein Excavating. The potential buyers, Rite -Way Waterproofing, Inc., is seeking permission to fill the land around the building and in the rear. Rite -Way states that approximately 1,000 yards a year will be dumped and have made it a condition of purchase that they be allowed to do so. Mr. Anderson of Rite -Way indicated to Mr. Blackbird today that the Anoka County Health Department has given approval of this request but that he had not confirmed it to me (Mr. Blackbird). Mr. Blackbird said that Rite -Way plans to fill with only cement scraps and soil that is taken from basements and that are not salvageing. Mr. Shearan, asked if the area to be used for fill would be fenced in with no access to the public when the employees were not present? Mr. Blackbird said that the area will be fenced and locked when the company is not open for business. Mr. Karth asked if they had checked with Rice Creek Watershed District on this matter and Mr. Blackbird said that they would be no need to according to the Anoka Health Department. The members present said that they had no objections to the plan as presented by Rite -Way Waterproofing, Inc. provided that it does meet with the approval of the Anoka County Health Department and that the Council will be asked to provide a letter to that effect. Mr. and Mrs. Baumgart of 6133 Ware Road were next to present their application for a Variance to Ordinance No. 21 A. They want to put a parking garage for private use in front of their home at 6133 Ware Road. Mr. Baumgart stated that they wanted to put the garage in front of the house because the side yard does not have ground that would not be adequate for building on and there is not enough room in the back yard. t JULY 16, 1975 -2- After much discussion, the members of the P &Z that were present asked that Mr. and Mrs. Baumgart return to the next meeting (August 20th) with more specific plans. Mr. Hill arrived and the meeting was opened at 8:55 P.M. Because a discussion was underway regarding .Mr. and Mrs. James Kohler's request for a Special Use Permit to keep one horse on 22 acres of land rather than the 5 acres that are required by the terms of Ordinance No. 26. Mrs. Kohler said that the horse would be for her children and that at the present time they do not have a barn but will construct one only if the horse works out in relation to the family situation. Mr, Karth asked if they thought they would have enough land to pasture the horse properly? Mrs. Kohler said that they have made arrangements with her neighbors to pasture the horse on their property if the special use permit were granted. Mr. Starr said that he could see no objection provided only one horse is kept at that location. Mr. Hill asked if the Kohler shouldn't apply for a Variance rather than a Special Use permit. Mr. Karth said that a special use permit would be preferable in this case because the Kohler might some day sell the property and then the variance could present problems for the City. Mr. Shearan moved to recommend to the Council that a Special Use Permit gbe granted to Mr. and Mrs. James Kohler to keep one horse at 7133 Mound Trail, an annual renewal of this permit will be required. At this point Mr. Shearan moved to accept the minutes of the June 18, 1975 meeting. Mr. Gourley seconded the motion. Motion carried. Mr. Karth then asked Mr. Blackbird to give a summary of the discussion that had been held regarding the sale of Rehbein Excavating to Rite -Way Waterproofing, Inc. for the benefit of Mr. Hill in order to have a motion made to the Council for action. Mr. Blackbird reiterated the purchase stipulation made by Rite -Way that they must be allowed to dump cement scraps and land (dirt) that is not good for anything else. Anoka County Health Department has given approval of this according to Mr. Anderson of Rite -Way: Mr. Blackbird is asking that the Council give some indication in writing that there would be no violation of City Ordinances if they were to dump there. Mr. Hill said that he could- see no objections but asked that a screen of everygreen type trees be placed along the rear portion of the lot that borders on Fourth Avenue. JULY A6, 1975 -3- The rest of the members did not feel that an everygreen screen would be necessary and Mr. Shearan moved to recommend to the Council that a letter be directed to the Anoka County Health Department stating that this request does not violate any City Ordinances. Mr. Gourley seconded the motion. Motion carried. The next item was Mr. Richard Bodick of 885 Orange Street. This matter was referred from the Council Meeting of July 14, 1975 to the P Z for some action. Mr. Bodick is seeking permission to fill in a lot that he owns directly West of his present home. He has been having water problems all spring and feels that if he can fill this lot in his problems will be resolved. The City was going to dig a ditch to the end of Orange street and let the water drain into the swamps at the West End however the owner of that property has refused permission to the City for this project. The owner has also had water problems all spring and feels that if the ditch were to be dug in that manner the water would simply turn around and come right back into his yard and basement. After much discussion of this problem and after viewing the section map to determine the exact location of Mr. Bodick's land, Mr. Shearan recommend that Mr. Bodick contact the engineer and get his recommendations and return to the August meeting of the P$Z before this board made any recommendations to the City Council. Mr. Hill seconded the motion and the motion passed. Mr. Bodick is to contact the City Engineer, Mr. Gotwald at his convenience but the Clerk told Mr. Bodick that Mr. Gotwald would be out of town from the 24th of July for several days. Mr. Bodick indicated that he would contact Mr. Gotwald before then. The next item for discussion was Mr. James Lowell and his request for a Special Use Permit to continue operating a Bicycle Repair shop at his home located at 866 Birch Street. Mr. Shearan asked if most of the work was done inside or outside? Mr. Lowell said that the majority of the work is done inside, either in his basement or in the garage. Mr. Hill questioned him on parking facilities available. Mr. Lowell said that there was room for at least 4 cars at any one time. Mr. Karth asked if this would be a full time business or part time. Mr. Lowell said it was only part time and that eventually he would seek to open a shop somewhere but he doubted if it would be at tha -t location. Mr. Gourley moved to recommend to hhe Council that a Special Use Permit be granted to Mr. James Lowell to operate a bicycle repair t 1 JULY 16, 1975 -4- at 866 Birch Street, with an annual renewal required. Because this is strictly a part time business no specific hours will be set here. Mr. Shearan seconded the motion. Motion carried. Mr. Lowell was cautioned that one complaint from a neighbor could close this repair business down. He was also asked to come to the Council Meeting on July 28, 1975 for final Council decision on the matter. Mr. Dave Sina was here to represent Mr. Glen Rehbein and his request to put a new building adjacent to the one he has recently sold on Lake Drive. Mr. Sina represents Modern Building Systems who will be constructing Mr. Rehbein's building. They have presented the plans to both Mr. Starr and Mr. Gotwald. Mr. Starr has written his recommendations up and he recommends the following: 1. consideration be given to rezoning the rear portion of the property to commerical. 2. a dust free surface be provided and maintained in the equipment storage area. 3. consideration requiring evergreen planting on the interior perimeter of the chain link security fence, particularly on the south and west sides where the fence may border residential area. 4. conditional use permit be obtained for the chain link.. fence if it is to exceed six feet in height. 5. a median be considered to divide the 45 foot access to Lake Drive and that appropriate drainage be provided under this access drive. 6. parking, eodding and privacy fence improvements be provided in accordance with the submitted site plan 7. building construction plans be subject to the approval of the city engineer. Mr. Shearan asked about the PSI of the roofing. He said that 40 pounds was no longer allowed in the 7 county Metro area but that Metro Council now required a 60 PSI for all new structures. Mr. Sina said he did not think that a 60 PSI was required in this area and that Modern Building Systems would of course, comply with the Metro ruling on this subject. JULY ,6, 1975 -5- Mr. Starr brought up his recommendation regarding rezoning of the entire property at this time to a commercial zone rather than just 300'; zoned commercial useage. Mr. Starr said that it would be better for Mr. Rehbein to get it done now and save the trouble and expense at a later date. Mr. Sina questioned point number 5 made by Mr. Starr and said that the equipment that would be going in and out of there would make a median of little use to them and that the low -boys would not clear with a median on the access drive. Mr. Hill asked about the weight of these units and wondered if the street in front, Lake Drive, could tolerate such a load. Mr. Sina said the trucks were 9 ton and that Lake Drive had a 9 ton limit on it. Mr. Hill pointed out that an increase of only 10% in loads would ruin - a road 50% faster than a normal load. After much discussion on the points that Mr. Starr made in his letter and Mr. Karth suggested they contact the Rice Creek Watershed District to insure that they would not need their approval on the plans and drainage in that area. Mr. Shearan moved to recommend to the Council that these plans be approved with the following stipulations: 1. The PSI requirements for the Metro Area be checked and confirmed. 2. Point number 5 in Mr. Starr's letter be eliminated as a point to be adhered to. All other points will be binding. 3. The fence line for the West side be moved in 15' and a screen of evergreens be planted. 4. Rice Creek Watershed District be consulted. Mr. Gourley seconded the motion. Motion carried. Mr. Rehbein is to appear at the July 28, 1975 Council Meeting for final approval. t l JULY 26, 1975 -6- Mr. Starr then presented a preliminary change to the Comprehensive Use Plan of the City as requested it the Council meeting on June 23, 1975. Mr. Starr had been asked to reflect a change in the Urban Service Line to comply with the Metro Councils Development Framework Guide. All -this change is being aked for in order to solve some of the problems with sewage in the Shendoah and Country Lakes areas of the City (SW) MC has said that in order to consider a central sewer service in Lino Lakes certain changes will have to be made in the City's Comprehensive Use Plan (CUP). Metro Council (MC) has placed the western potion of the city, south of main street, in a "urban service area" and says that sewer capacity will be necessary by 1980. the remainder of the city is in a rural" service area and would hot be served by central sewers until 1990 or after, if at all. This rural area would have to remain a very low intensity and MC is recommending that lots sizes be kept at a minimum of 10 acres. MC has said that if the city is to obtain approval of the Mc the following conditions must be adhered to: 1. revise its comprehensive plan to reflect the development framewrok and its urban service line (and make consistent amendments to the comprehensive sewer plan), 2. Obtain modification of the MC's development framework policy of not providing metro sewer capacity to the city until after 1980. If these conditions are followed, they (MC) will consider approval of central sanitary sewers to solve the immediate problems in the Shenandoah and Country Lakes areas, whatever the specific system alternative might be. The Board Members discussed this plan as proposed and decided that no action could be taken on this matter without further consideration by the Council. The Clerk advised the Board that on July 24th there will be a meeting at the MC Chambers to discuss the Shenandoah problem and Mr. Starr indicated that he would De present that afternoon. Mr. Gourley moved to adjourn at 10:15 PM. Motion seconded by Mr. Hill. Aye.