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HomeMy WebLinkAbout10/09/2002 P&Z MinutesAPPROVED MINUTES CITY OF LINO LAKES PLANNING & ZONI NG BOARD MINUTES I.CALL TO ORDE R AND ROLL CALL Chair Schaps called the Lino Lakes Planning and Zoning Board meeting to order at 6:32 p.m., October 9, 2002. II.APPROVAL OF AGENDA The agenda was approved. III.APPROVAL OF MINUTES – September 11, 2002 Mr. Lyden made a MOTION to approve the minutes of the September 11, 2002, meeting of the Lino Lakes Planning and Zoning Boar d, and was supported by Mr. Hyden. Motion carried 5-0 (Ms. Lane abstained). Mr. Rafferty arrived at 6:34 p.m. IV.OPEN MIKE Chair Schaps declared Open Mike open at 6:34 p.m. There were no comments made. Mr. Hyden made a MOTION to close Open Mike at 6:34 p.m., and was supported by Ms Lane. Motion carried 6-0. DATE: October 9, 2002 TIME STARTED: 6:32 P.M. TIME ENDED: 6:54 P.M. MEMBERS PRESENT: Schaps, Corson , Hyden, Lane, Lyden, Rafferty (Arrived at 6:34 p.m.) and Zych. MEMBERS ABSENT: None. STAFF PRESENT: Jeff Smyser and Tanda Gretz Planning & Zoning Board October 9, 2002 Page 2 APPROVED MINUTES V.ACTION ITEMS A. Raymond Chavez, 6207 Laurene Avenue, Minor Subdivision Staff explained Mr. Raymond Chavez owns Lots 1 & 2, Block 1, Arthur E. Thom Acres, which is located at the intersection of La urene Avenue and White Pine Road. The property is approximately 2.5 acres in size a nd is zoned R-1 (Residential Single Family). Currently there is an existing home and two de tached garages on the western part of the property, which is accessed via a driveway off Laurene Avenue. Mr. Chavez is applying for a Minor Subdivisi on of the property, which would result in two lots: Parcel A, containing the existing buildings, consisting of 2.18 acres, and Parcel B, consisting of .40 acres. Mr. Chavez then plans to sell Parcel B to Mr. Lipoff (see agenda item 5B). Although the property is guided Low Densit y, Unsewered Residential, there is City Sanitary sewer available on both Laurene Av enue and White Pine Road. The property is within the existing MUSA. Staff noted the minimum lot size for sewere d property in an R-1 zone is 10,800 square feet. Proposed Parcel B meets this require ment, being 17,370 sq.ft. in size. Parcel A, while 95,081 sq.ft. in size, is not sewe red, and is thus a non-coforming lot. Staff noted that the width of the minimum lo t width requirement for property in an R-1 zone is 80 feet for interior lots and 100 feet for corner lots. Both proposed lots will meet this requirement. Staff indicated the minimum lot depth requir ement for property in an R-1 zone is 135 feet. Both parcels, having a depth of 174 feet, will meet this requirement Staff stated each of the proposed parcels will ac tually consist of two separate lots (Lot 1 & Lot 2), since Mr. Chavez owns both Lot 1 and Lot 2 and has not combined them into a single tax parcel with a single Property Iden tification Number (PIN). As a result, if approved, a lot combination form should be filed with Anoka County for both Parcel A and Parcel B. This will result in each parcel being identified as a single tax parcel with a single, unique PIN. With respect to the sanitary sewer, staff stated Section 6, subdiv. 1.F states “no R-1 subdivision creating a lot less than ten acres shall be permitted in this district without public sanitary sewer and water.” City sani tary sewer and water are available along both Laurene Avenue and White Pine Road. While any created lots would be serviced by such utilities, the existing home is not connected to either City sewer or water. It is the interpretation of the City that Section 6, s ubdiv. 1.F requires that all R-1 lots must be serviced by both services. As a result, the existing house would be re quired to connect to sewer and water as a condition of subdivision. To allow the parcel to be subdivided without connecting to City se wer and water would be to ex acerbate, or increase, its non- conformity. Planning & Zoning Board October 9, 2002 Page 3 APPROVED MINUTES Staff indicated both lots meet the mini mum buildable area requirement of 10,800 square feet. Staff stated there are no easements noted on the survey submitted by the applicant. The City will require the dedication of standard sized drainage and utility easements along all property boundaries. Additionally, as a point of information, there is a powerline that runs the length of the property along White Pine Road. This power line is not identified with any easements, and is thus interpreted to exis t within the road right-of-way. Staff stated Parcel B will conne ct to City sanitary sewer and water, which is available via both Laurene Avenue and White Pine Road. Parcel A, however, is not currently connected to either City sanitary sewer or water. The City interprets Section 6, subdiv.1.F of the zoning ordinance to require all R-1 lots to be servi ced with City sanitary sewer and water. As a result, the applicant would be required to c onnect to both services as a condition of subdivision. Staff indicated the driveway for Parcel A (t he existing home) is currently via Laurene Avenue, running across proposed Parcel B. As a result, if the minor subdivision is approved, the driveway for Parcel A will need to be relocated to access White Pine Road, rather than Laurene Avenue. Staff would recommend approval, subj ect to the following conditions: 1. Connect the existing home to City sanitary sewer and water, per Section 6, subdiv.1.F., prior to the recording of the Mi nor Subdivision with Anoka County. 2. Relocate the existing driveway for Parcel A to access White Pine Road, rather than Laurene Avenue. 3. Since both Parcel A and Parcel B will consist of two lots (Lot 1 & Lot 2), a lot combination form should be done for both pr operties so that each lot will then be identified by a single PIN and exist as a single tax parcel. 4. Dedication of standard drainage and utility easements to the City: measuring 10 feet in width along the front property lines and five f eet in width along the si de and rear property lines. 5. Payment of a park dedication fee of $1,665, to be paid prior to the certification and recording of the Minor Subdivision. Chair Schaps invited appl icant to make comment. Mr. Chavez did not make any comment. Planning & Zoning Board October 9, 2002 Page 4 APPROVED MINUTES Ms. Lane made a MOTION to approve Raymond Chavez, 6207 Laurene Avenue, Minor Subdivision, subject to staff’s recommendations and conditions as outlined in staff’s report. The motion was supported by Mr. Rafferty. Motion carried 6-0. B.Dennis Lipoff, 62XX Laurene Avenue, Site Plan Review Staff stated Dennis Lipoff has applied for a Site Plan Review for the relocation of a single-story, 1,550 sq. ft. (62’ X 25’) house on to the proposed new lot of Mr. Chavez (Agenda item 5A). The house is currently sited at 1475 Main Street in Centerville on land which has been purchased for development. The house currently exists with a tuck- under garage, but Mr. Lipoff plans to constr uct a new 23’ X 33’ attached garage, thus creating a rambler-style home. Staff stated the lot is a corner lot, whic h would allow for orie nting the house to two possible streets. The Lino Lakes City Ordi nance, however, defines lot frontage as “the narrowest lot boundary abutting a public st reet that meets minimum lot width requirements.” Such a definition would th us designate the frontage along White Pine Road as the official, technical front lot line, rather than the frontage along Laurene Avenue. The applicant, however, proposes to orient the house and driveway toward Laurene Avenue. It should be noted that while such an or ientation may change what is perceived as the “functioning, practical” frontages, such an orientation does not change, or supercede, what the frontages ar e defined as under City Ordinance. Staff stated the western lot line of the prope rty would NOT be the rear yard lot line, but rather the side yard lot line. The followi ng chart specifies the pr operty boundary lines, as they are identified under th e definitions within the Lino Lakes City Ordinance: Staff stated access to the site will be via a driveway off Laurene Avenue, which is classed as a minor collector street und er the Lino Lakes Transportati on Plan. In addition, Section 3, subdiv. 5.C.8.f states that “no curb cut/dri veway access shall be located less than 30 feet from the intersection of tw o or more street rights-of-way.” Staff indicated City sanitary sewer and City water are available to the site, and the applicant will be servicing the site with both. Staff stated the proposed 1,550 sq.ft. house is currently sited at 1475 Main Street (Co. Rd. 14) in Centerville, on property due to be developed. The house will be moved without the tuck-under gara ge. It is the intention of the a pplicant to relocate the structure, put a new roof on, build a new 23’ X 33’ att ached double garage, and side both house and garage (to include an ap ron of brick or stone). Staff noted building official Pete Kluegel has inspected the house and found it to be structurally sound, estimating it to be appr oximately 40 years old. He notes that, in Planning & Zoning Board October 9, 2002 Page 5 APPROVED MINUTES addition to the work the applicant plans to do, the house will need a new furnace in order to meet mechanical code, with the plumbing and heating to be upgraded. Staff indicated as the proposed site plan appears to meet all requirements of the Lino Lakes Zoning Ordinance, staff would recomme nd approval of the Site Plan Review with the following conditions: 1. The necessary minor subdivision must be completed and recorded prior to moving the house onto the lot. 2. All necessary building permits must be pulled. Chair Schaps invited appl icant to make comment. The applicant made no comment. Ms. Lane made a MOTION to approve Denni s Lipoff, 62XX Laurene Avenue, Site Plan Review, subject to staff’s recommendations a nd conditions as outlined in staff’s report. The motion was supported by Mr. Corson. Motion carried 6-0. C.Jamie Brown, 442 Main Street, Variance Staff stated Mr. Jamie Brown has applied fo r a Variance for property located at 442 Main Street, which is zoned Rural and is two acres in size. Mr.Brown is asking for a Variance from the Lino Lakes Ordinance requiremen t (Section 3, subdiv. 4.D.8.e.5) which states that “no metal corrugated siding or roof, ex cept upon tool sheds less than 150 square feet in area” are allowed on accessory buildings. Staff stated Mr. Brown cons tructed an approximately 36’ X 24’ (864 sq.ft.) metal accessory building without pulling a building perm it. As a result, building officials were not given the chance to review plans and inform Mr. Brown that the building was prohibited for property of his size and zone. Building official Peter Kluegel noticed the building while out on routine inspection, and notified Tanda Gretz of the situation. Staff noted Mr. Kluegel and Ms. Gretz had an initial conversation with Mr. Brown when he stopped by City Hall to discuss the matter. That conversation was followed by several letters over a period of approximately thr ee months, culminating in the matter being handed over to the City Attorney on Ju ly 29, 2002, for resolution. Mr. Brown then contacted City Attorney Bill Hawkins and Ms. Gretz, asking that prosecution of the violation be postponed until he was allowed to apply for a variance. Staff noted the Lino Lakes Zoning Ordinance, Section 3, subdiv. 4.D.8.e.5, prohibits the construction of any accessory building over 150 sq.ft. if it is sided or roofed with corrugated metal, on a lot of this size. The building constructe d by Mr. Brown measures approximately 36’ X 24’, or 864 sq.ft. in area. Planning & Zoning Board October 9, 2002 Page 6 APPROVED MINUTES Staff stated Section 3, subdiv. 4.D.8.e.1-2 also limits the total acce ssory square footage for the subject property to a total of 2,020 sq.ft. and the total number of accessory buildings to one attached garage and two detached accessory buildings. Mr. Brown currently has three accessory buildings: one attached 576 sq.f t. garage (24’ X 24’); one detached 144 sq.ft. accessory building (12’ X 12’); the 864 sq.ft. metal accessory building (36’ X 24’). Staff indicated the total accessory building square footage allowed for Mr. Brown’s property is 2,020 square feet. The three ex isting accessory build ings total 1,584 square feet. Staff stated the subject building is a metal building, sided and roof ed with a corrugated metal, which is prohibited under City ordina nce for a property of this size and zone. Further, the building was constructed without application of a building permit, thus never giving staff the chance for review and subsequent notification to the applicant that such a building was prohibited. Chair Schaps invited appl icant to make comment. Applicant was not present. Chair Schaps asked if they knew when the bu ilding was erected. Ms. Gretz stated she did not know, as a building permit was not pulled; she estimates construction to be in March or April, as that is when Mr. Kluegel noticed the building. Chair Schaps asked if the applicant was not in terested in the suggested structural changes to the building. Ms. Gretz replied that was correct. Ms. Gretz stated they could ta ble this until next month. Ch air Schaps stated he was not comfortable continuing this. Mr. Lyden stated he would suppor t tabling this if the Board decided they needed to have a dialogue with the applicant. Chair Schaps noted if they denied this, it would still go to Counc il and applicant could make comment at that time. Chair Schaps asked if applicant knew he was supposed to be present at this meeting. Ms. Gretz replied she had informed the applicant about the meeting. Mr. Zych stated hearing from the applicant would not change his opinion. He stated the applicant had not followed the City’s Ordinances and it was important to follow the City Ordinances. Ms. Lane made a MOTION to deny Jamie Brown, 442 Main Street, Variance, for the following reasons: The subject building is a metal building, sided and roofed with a corrugated metal, which is prohibited under City ordinance for a property of this size and zone. Planning & Zoning Board October 9, 2002 Page 7 APPROVED MINUTES The motion was supported by Mr. Rafferty. Mr. Lyden stated in order to be fair and respectful, they needed to hear from the applicant. He indicated there was a reason for the Ordinance and that was to protect people, and if the Board members went out to that specific site a nd they looked at its impact to the neighbors, there was no impact to any neighbors. He indicated it was possible to build two 10x15 metal buildings. Ms. Gretz replied they were allowed one attached garage and two othe r structures, and that metal buildings under 150 sq. ft. were allowed. Mr. Lyden stated the height on the accessory buildings could be as much as 24 feet and going further down the road if you did the sq uare footage on two 10x15 buildings with 24 feet height, there would be more metal on th e two buildings, than on this one building. Mr. Zych stated if the applicant had followed the Ordinances to begin with, the applicant would have been informed that he coul d build two buildings instead of one. Chair Schaps noted the applican t did not follow the rules. Motion carried 5-1 (Mr. Lyden). D.CONTINUED PUBLIC HEARING, Gary Uhde, Behm’s Century Farm 6 th – 10 th Additions, South of Main St. & North of Carl St. – Section 7, Preliminary Plat Chair Schaps re-opened the public hearing at 6:53 p.m. The P & Z continued the public hearing on th is project at the September 11 meeting. Staff met with the project applicant’s team, who are preparing updated plans. A complete set of plans will be submitted soon. There is no additional information availa ble for now. Since the P & Z specifically continued the hearing to tonight’s meeti ng, it is necessary to open the hearing and continue it again to the November meeting. Mr. Lyden made a MOTION to continue th e Public Hearing to the November, 2002 Planning & Zoning Board Meeting. The motion was supported by Mr. Rafferty. Motion carried 6-0. VI. DISCUSSION ITEMS None. VII.ADJOURNMENT Planning & Zoning Board October 9, 2002 Page 8 APPROVED MINUTES Ms. Lane made a MOTION to adjourn the meeting at 6:54 p.m., and was supported by Mr. Hyden. Motion carried 6-0. Respectfully submitted, Kathy Altman, Recording Secretary TimeSaver Off Site Secretarial, Inc.