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HomeMy WebLinkAbout02/14/2007 P&Z Minutes CITY OF LINO LAKES PLANNING & ZONING BOARD APPROVED MINUTES DATE : February 14, 2007 TIME STARTED : 6:31 P.M. TIME ENDED : 8:38 P.M. MEMBERS PRESENT : Michael Hyden, Perry Laden, Robert Nelson, Brian Pogalz (Vice Chair), Rob Rafferty, Paul Tralle (Chair); Michael Root MEMBERS ABSENT : None STAFF PRESENT : Paul Bengtson , Jeff Smyser, Michael Grochala & Jim Studenski I. CALL TO ORDE R AND ROLL CALL Chair Tralle called the Lino Lakes Planning a nd Zoning Board meeting to order at 6:31 p.m. on February 14, 2007. II. APPROVAL OF AGENDA Mr. Pogalz requested to move the election of chair and vi ce chair to the end of the meeting. The agenda was approved as revised. III. SWEARING IN OF NEW BOARD MEMBERS Mayor John Bergeson swore in the reappoint ed board members Brian Pogalz, Michael Hyden and Michael Root. Mayor Bergeson stated that he was pleased that an experienced group would be part of the Comprehensive Plan update process. IV. APPROVAL OF MINUTES: January 4, 2007 – Special Work Session Mr. Pogalz made a MOTION to approve the January 4, 2007 Minutes without changes. Motion was supported by Mr. La den. Motion carried 6 - 0. January 10, 2007 – Meeting APPROVED MINUTES Planning & Zoning Board February 14, 2007 Page 2 APPROVED MINUTES Mr. Rafferty made a MOTION to approve the January 10, 2007 Minutes without changes. Motion was supported by Mr. H yden. Motion carried 5 - 0. Mr. Root abstained. V. OPEN MIKE Chair Tralle declared Op en Mike at 6:38 p.m. There was no one present for Open Mike. Mr. Laden made a MOTION to close Open Mi ke at 6:39 p.m. Motion was supported by Mr. Hyden. Motion carried 6 - 0. VI. ACTION ITEMS A. Final Plat for Pine Glen 2 nd Addition Mr. Bengtson presented the staff report. Mr. Rafferty made a MOTION to recommend approval of the Fi nal Plat for Pine Glen 2 nd Addition. Motion was supported by Mr . Pogalz. Motion carried 6 - 0. B. Variance to the arterial street setback for a garage addition, Susan Goepfert, 7300 Terra Court Mr. Bengtson presented the staff report. Mr. Laden asked if staff knew of the circum stances regarding the reduced setbacks on either side of the applicant’s property. Sta ff stated that variances were never granted for the neighboring properties. Mr. Nelson asked if a determination was made in the past regarding grandfathering in neighboring properties in cases such as this. Mr. Bengtson replied that ordinance only allowed reductions in the case of front setb ack, not side/road setbacks, therefore staff could not treat this as the same. Applicant, Susan Goepfert, 7300 Terra Court, Lino Lakes, stated that the homes were built in 1992 and asked the board for approval of her variance request. Mr. Laden asked why the house was located on the site where it was. The applicant replied she did not know why it was placed as such. Mr. Nelson commented that he felt that the variance should be allowed due to the setbacks of the neighboring houses. Mr. Laden asked staff what the intent is of a 40-foot setback and if problems could occur in the future because of a re duced setback. Mr. Bengtson re plied there was no anticipated Planning & Zoning Board February 14, 2007 Page 3 APPROVED MINUTES right-of-way needs in the future. Staff stat ed reasons for setback requirements include visibility, safety and privacy reasons. Mr. Hyden stated that he prefers enforcing ex isting ordinances, but struggles since there is a fairness issue when others were allowe d to violate an ordinance and a precedent has been set, so he is inclined to allow the variance. Mr. Root stated that five fi ndings are supposed to occur and only one has been discussed. He does not want to set a precedent with this variance. Mr. Tralle commented that he is concerned that the city allowed the building of the neighboring houses at the requested setback and this house would comply with the neighboring setbacks. Mr. Rafferty made a MOTION to recommend APPROVAL of the Variance to the arterial setback for a garage addition at 7300 Terra Court. Motion was supported by Mr. Hyden. Motion carried 5 - 1. (Root voting nay.) C. PUBLIC HEARING for a Rezone to Planned Unit Development for a 17-acre mixed-use development to be called Comfo rts of Home, located west of Hodgson Road and north of County Road J Mr. Smyser presented the staff report. Mr. Tralle requested that Mr. Sm yser refrain from reading the entire staff report, as board members received it in their packets, and to proceed with discussion and action on this item. Mr. Tralle opened the Public Hearing at 7:15 p.m. Mike Witham, 211 Woodridge Lane, distributed a petition signed by a number of city residents opposing the proposed development. Mr. Witham spoke on behalf of many of the residents in the Woodridge Estates and neighboring developments. He stated they are strongly opposed to the proposed development as well as any zoning change that would allow this development to proceed. They feel the plan does not meet the requirements of the Comprehensive Plan and would have serious negative consequences to the neighboring homes and neighborhoods. They ar e not against all planning for the area, but feel this should be a neighborhood area with neighborhoo d businesses. They do not consider this plan to be ne ighborhood friendly. They stated that the P&Z Board and City Council have the responsibility of determining what is right for all affected properties. They do not agree with the proposed rezone a nd believe that none of the intended reasons for allowing a PUD District are met by this proposal, listing a number of supporting facts for this statement. Overall, they do not believ e the proposed plan is the best for the area. They are concerned about traffic, noise, wa ter run-off and groundwater levels, property value and lack of aesthetics. Mr. Witham re iterated that they are strongly opposed to this development and the request for zoning changes, and requested denial of this application. He stated that they appreciate the time a nd effort of city staff and board members. Planning & Zoning Board February 14, 2007 Page 4 APPROVED MINUTES Mr. Jeff Jensen, grandson of property owner, stated that his family has owned the property since the early 1900s and they are trying to better th e community. He stated that they are open to suggestions. He said they have spent a lot of money and have been working on this for 3 ½ years. He reiterated that they are trying to do something better for the community. Mr. Jensen stated that he is not sure why the application was on the agenda tonight. He explained that Core De velopment has a purchase agreement with the property owner. Mr. Jensen clarified that the Master Plan was just approved on Monday at the Council meeting. Mr. Tralle stated that the developer did not st ay within the guidelines of the Master Plan. Mr. Jensen asked if he could have a list of items that need to be changed. Mr. Tralle suggested that the property ow ner start a new development based on the Master Plan that was approved on Monday. Mr. Smyser informed the board that Mr. Jens en was not to be held responsible for the layout of the property. A purchase agreement was presented to the property owners. Mr. Smyser stated he does not hold Mr. Jensen responsible for the application that was submitted. Mr. Tralle stated that he believes that the property owners have not been represented well by the developer. Mr. Pogalz pointed out that Core Developmen t did not show at th e meeting tonight to represent thei r proposal. Mr. Tralle stated that city staff would be willing to work with the property owners on what is desired on this site. Mr. Pogalz made a MOTION to close the Public Hearing at 7:32 p.m. Motion was supported by Mr. Hyden. Motion carried 6 - 0. Mr. Root made a MOTION to recommend DENIAL of the Rezone to Planned Unit Development for Comforts of Home. Motion was supporte d by Mr. Nelson. Motion carried 6 - 0. Mr. Tralle commended the neighbors for their homework and concern. Chair Tralle called for a 10-minute recess at 7:35 p.m. Chair Tralled reconvened the meeting at 7:45 p.m. D. PUBLIC HEARING for a Conditional Use P ermit for a motor fuel station with a commercial car wash and Preliminary Plat , Holiday Stationstore, 7509 Lake Drive Planning & Zoning Board February 14, 2007 Page 5 APPROVED MINUTES Mr. Bengtson presented the staff report. St aff recommended approva l subject to the 18 conditions listed in the report. Mr. Rafferty stated that he is in favor of the applicati on but is concerned about the excessive number of conditions. He preferre d that the item be ta bled until additional conditions are met. Mr. Bengtson stated that some revisions have been submitted to staff which will alleviate some of the listed conditions and noted that the applicant would like to move forward with the approval process. Mr. Nelson asked if there is a sense of ur gency for this item. Michael Grochala, Community Development Dire ctor, stated that the schedule for the Lake Drive construction project will coincide with this approval. Mr. Grochala stated that Holiday has worked well with city staff. Mr. Rafferty asked why some of the conditi ons have not been met. Mr. Bengtson specified that a colored elevation is not a requirement. Mr. Rafferty suggested requiring colored renderings prior to a recommendation in the future. Mr. Grochala explained the road construction schedule to the board. He pointed out that the southernmost access to the site will clos e and the northern access will be a right-in only for up to an additional two year s before that access will also close. Mr. Grochala stated that improvements will be made to the site regarding truck parking. Applicant, David Edquist, 16771 Jacksonville Ct , Lakeville, stated th at they are very willing to work with staff to resolve outst anding conditions. He said that he would appreciate the board moving fo rward with the application. Mr. Grochala explained that the City has been working with Holiday since last June, and that the eminent domain process began in November or December. Mr. Tralle opened the Public Hearing at 8:25 p.m. Mr. Laden made a MOTION to close the P ublic Hearing at 8:26 p.m. Motion was seconded by Mr. Hyden. Motion carried 6 - 0. Mr. Pogalz made a MOTION to recommend APPROVAL of the Conditional Use Permit for a motor fuel station with a commercial car wash and a Preliminary Plat for Holiday Stationstore at 7509 Lake Drive subject to the 18 conditions li sted in the staff report. Motion was supported by Mr. Hyden. Motion carried 5 - 1. (Rafferty voting nay.) VI. ELECT CHAIR AND VICE CHAIR. Mr. Pogalz made a MOTION to re -elect Paul Tralle as Chai r for the remainder of 2007. Motion was seconded by Mr. Rafferty. Motion carried 6 - 0. Mr. Hyden made a MOTION to re-elect Brian Pogalz as Vice-Chair for the remainder of Planning & Zoning Board February 14, 2007 Page 6 APPROVED MINUTES 2007. Motion was seconded by Mr. Rafferty. Motion carried 6 - 0. VII. DISCUSSION ITEMS A. Comprehensive Plan Advisory Panel Mr. Smyser presented the staff report, upda ting the board on the Comprehensive Plan update process. Mr. Smyser reminded board members to contact Dawn Bugge if they are interested in attending a GTS workshop. VIII. ADJOURNMENT Mr. Rafferty made a MOTION to adjourn th e meeting at 8:38 p.m. Motion was supported by Mr. Pogalz. Motion carried 6 - 0. Respectfully submitted, Dawn Bugge Community Development Assistant