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HomeMy WebLinkAbout10/08/2008 P&Z MinutesAPPROVED MINUTES CITY OF LINO LAKES PLANNING & ZONING BOARD MINUTES I. CALL TO ORDER AND ROLL CALL: Chair Tralle called the Lino Lakes Planning and Zon ing Board meeting to order at 6:30 p.m. on October 8, 2008. II. APPROVAL OF AGENDA Mr. Rafferty requested that Discussion Item C be ad ded for discussion of the Comprehensive Plan. The agenda was approved as ame nded. III. APPROVAL OF MINUTES: September 10, 2008 Mr. Rafferty requested a revision to the minutes on Page 7, paragraph 8, changing the word “previous” to “existing.” Mr. Hyden made a MOTION to approve the September 10 , 2008 Minutes with the requested change. Motion was supported by Mr. Lade n. Mr. Nelson arrived. Motion carried 4 - 0. Nelson abstained. IV. OPEN MIKE Chair Tralle declared Open Mike at 6:35 p.m. There was no one present for Open Mike. DATE : October 8, 2008 TIME STARTED : 6:30 P.M. TIME ENDED : 9:08 P.M. MEMBERS PRESENT : Michael Hyden, Perry Laden, Rob ert Nelson, Brian Pogalz (Vice Chair), Rob Rafferty, Paul Tralle (Chair) MEMBERS ABSENT : Michael Root STAFF PRESENT : Paul Bengtson, Jeff Smyser Planning & Zoning Board October 8, 2008 Page 2 APPROVED MINUTES Mr. Pogalz made a MOTION to close Open Mike at 6:36 p.m. Motion was supported by Mr. Hyden. Motion carried 5 - 0. V. ACTION ITEMS A. Variance from the Ordinary High Water Level t o allow for the reconstruction of an accessory structure located at 1801 77 th St. Paul Bengtson, Associate Planner, presented the sta ff report. Mr. Bengtson explained that since the writing of th e staff report, staff identified additional issues with the application. Upon a sit e inspection, staff became aware that there are two existing accessory structures on the property, which would be counted as part of the total allowable accessory structures. Mr. Bengtson explained that a total of 3600 sq. ft. of accessory structures are allowed on a 4.89 acre parcel. In addition, the application includes a request to put a roof struct ure over part of an existing deck. He stated that because the existing deck is already an encroachment into the shoreland setback area, the proposed deck cover addition woul d also be considered an encroachment. City Staff recommended denial of the variance reque st based on the facts that the proposed addition would increase its nonconformity from the shoreland setback, the proposed addition would surpass the allowable acces sory buildings on the site, and the proposed deck cover addition would be an additional encroachment. Mr. Bengtson explained that without approval of the application, the applicant would still be able to rebuild exactly what existed prior to th e removal of his garage. Applicant, Ron Marier, 1801 77 th St., stated that his property is taxed at 5.14 acr es. On Peltier Lake, his house is the farthest away from t he lake as well as the highest. His plan is to install a handicapped lift system in the home . Mr. Marier said that in order to receive approval, he would move the addition back t o match the setback of the house. He explained that they take care of people in an assis ted living type of process. He is planning to add a mud room to correct a water probl em as well as to increase the area for handicap access. Mr. Marier would like to keep thi s tradition going into the future. He stated that without the addition, he would probably have to sell the property. Mr. Marier would really like to keep the property in his famil y and would keep the property as pristine as it is now. Board members discussed the possibility of the addi tion being moved towards the front of the home. Mr. Marier stated that he has been pl anning this project for many years and explained why the addition is located as proposed. Mr. Marier noted that a different location would change the aesthetics of the house. He would like to keep the original integrity of the home. Mr. Marier explained the hi story of the property as well as the existing structures on the site. Planning & Zoning Board October 8, 2008 Page 3 APPROVED MINUTES Board members asked if Mr. Marier would consider re ducing or removing one of the existing accessory structures in order to meet the accessory structure allowance. Mr. Marier stated that he would tear down a building if necessary. He explained that this garage built for handicap access is more important than his existing storage buildings. Staff explained that if Mr. Marier’s property is in deed five acres, the total allowable accessory structures would be 4200 sq. ft. The exi sting sheds are roughly 4200 sq. ft. and the new structure would be 1000 sq. ft. The new to tal would be 5200 sq. feet. This would be a net increase of 475 sq. ft. from that of the previous garage. Mr. Marier believes that the discrepancy of the tot al square footage of his lot is that the St. Paul Water Department claims to own part of the shoreline area, but Mr. Marier believes the he owns all of the property. Some board members did not see a problem considerin g the lot size as five acres if the applicant is paying taxes for that size of property . Most board members agreed that they would prefer th at the applicant stay within the maximum square footage of allowable accessory struc tures, as well as moving the structure back so to not increase the encroachment. Mr. Nelson was comfortable with the proposal, point ing out that the Marier family has been good stewards of the land, and did not agree t hat the applicant should have to destroy a pre-existing shed. Board Members recommended that Mr. Marier return to the November meeting with documentation that the property is five acres, revi sed to-scale drawings showing a new proposal for the addition, and the exact sizes of t he existing accessory structures. They stated that they would not approve the addition of a roof over the existing deck. Mr. Marier declared that he understood what the board w as requesting. Mr. Laden made a MOTION to table this item to the N ovember Planning and Zoning Board Meeting. Motion was supported by Mr. Raffert y. Motion carried 5 - 0. VI. DISCUSSION ITEMS A. Animal Chiropractic Care Mr. Bengtson presented the staff report. Dr. Josee Gerard, 6776 Lake Drive, Suite 210, is a licenses animal chiropractor. Ms. Gerard explained that she was the person who worked for the past five years to get the licensing of animal chiropractic care approved in the state of MN. Ms. Gerard referred to specific areas of the statute that spec ified requirements of treating humans and animals in the same facility. Mr. Bengtson stated that there were no health conce rns from Anoka County, the State Board of Health, and the State Board of Chiropracto rs. Planning & Zoning Board October 8, 2008 Page 4 APPROVED MINUTES Ms. Gerard explained that the owner of the E. G. Ru d building suggested that her facility be located in the garage area of the Rud b uilding for the care of animals. She clarified that livestock animals would be treated o n a house-call only basis, not in the clinic. Mr. Laden made a MOTION to forward to city council that the interpretation of chiropractic care in the Lino Lakes Zoning Ordinanc e includes domestic animals. Motion was supported by Mr. Hyden. Motion carried 5-0. B. Town Center Signage Requirements Mr. Bengtson presented the staff report. The majority of the board members agreed that they would be comfortable with amending the Town Center Guidelines to allow a thir d wall sign to businesses in the Town Center development. Staff agreed to forward the board’s comments to the Country Inn and Suites. C. Comp Plan Update Mr. Rafferty discussed his concerns with the limite d attendance at Comprehensive Plan Advisory Panel meetings throughout the Compreh ensive Plan update process. Mr. Rafferty was concerned about issues that change d throughout the drafting of the plan and the review of those changes by the panel. Mr. Pogalz stated that meeting materials were distr ibuted to all of the advisory panel members, and every member had the opportunity to ma ke comment. VII. ADJOURNMENT Mr. Rafferty made a MOTION to adjourn the meeting a t 9:08 p.m. Motion was supported by Mr. Hyden. Motion carried 5-0. Respectfully submitted, Dawn Bugge Community Development Assistant