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HomeMy WebLinkAbout01/14/2004 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 6:42 p.m., January 14, 2004. II.APPROVAL OF AGENDA The agenda was approved. III.APPROVAL OF MINUTES: December 10, 2003 Mr. Tralle made a MOTION approve the December 10, 2003 Minutes and was supported by Ms. Lane. Motion carried 3-0. IV.OPEN MIKE Chair Schaps declared open mike open at 6:45 p.m. There was no one present for Open Mike Ms. Lane made a MOTION to close Open Mike at 6:46 p.m., and was supported by Mr. Tralle. Motion carried 3-0. V.ACTION ITEMS A. CONTINUED PUBLIC HEARING, Eagle Brook Church, 7709 20 th Avenue N., Preliminary Plat and Conditional Use Permit Chair Schaps reopened the public hearing at 6:47 p.m. DATE: January 14, 2004 TIME STARTED: 6:42 P.M. TIME ENDED: 10:32 P.M. MEMBERS PRESENT: Hyden (Arrived at 6:47 p.m.), Lane, Rafferty, Schaps, and Tralle. MEMBERS ABSENT: None. STAFF PRESENT: Jeff Smyser ; Michael Grochala; and James Studenski; Tanda Gretz Planning & Zoning Board January 14, 2004 Page 2 APPROVED MINUTES Staff stated at the previous public hearings , a number of issues remained unanswered, one of which was the existing house on the site. He noted they had recei ved an application to plat the property to create tw o lots, one for the church and one for the house. The public hearing on the plat was opened at the Decembe r meeting. Staff presented their analysis of this application. Staff was recommending approval subject to the following conditions: 1. Additional right of way shall be dedicated to Anoka County for 20 th Avenue (CSAH 21), as indicated on the plans. This shall be shown on the final plat. 2. A separate deed for the right of way along the exception lot (7791 20 th Ave.) shall be recorded with the final plat because this lot is not part of the plat. 3. All necessary permits shall be obtained by the applicant from Anoka County for work in the 20 th Ave. (CSAH 21) right of way. 4. Signage is governed by the City’s sign or dinance and permits are required for all signs. 5. Additional screening shall be a dded on a revised landscaping plant. 6. Drainage and utility easements must be created over all ponds and wetlands. These must include land 25’ from the delineated wetland edge, as proposed on the plans. These easements must be included on the final plat. 7. Easements must be placed over the relo cated drain tile for Co. Ditch 72 and deeded to the Rice Creek Watershed District. 8. Issues listed in the January 7, 2004 memo by the City Engineer must be resolved to his satisfaction. 9. Stop signs shall be installed for vehicles exiting both driveways. 10. The church shall enter into a site perf ormance agreement prior to issuance of a building permit. 11. The church shall enter into a maintenan ce agreement for the stormwater facilities prior to issuance of a building permit. 12. A management plan for the prairie areas must be prepared and obtain approval from the City prior to building permit issuance. 13. Traffic control personnel shall be em ployed during peak periods at the I-35E interchange, at the 20 th Ave. and Main St. inte rsection, and at the access driveways to the site. These personne l shall be law enforcement officers. 14. During church services and large events , the northern driveway shall be entry only and the south driveway shall be exit only. Traffic control personnel shall be present at the driveways to assure this. 15. Parking lot lighting shall be turned off no later than two hours after services or other events at night. 16. The terms and dimensions of the conservation easement in the southwest portion of the site must be agreed to by th e church and the easement holder prior to issuance of a building permit. 17. The sewer line from the building line to the septic tanks must be insulated to prevent freezing. 18. A fence or other barrier shall be built to protect the septic system treatment areas. 19. Streetlights typical for road intersections sh all be installed at the church’s cost at the end of each access driveway on CSAH 21 (20 th Ave). Planning & Zoning Board January 14, 2004 Page 3 APPROVED MINUTES Mr. Hyden asked what was the lowest level of the building. Mr. Smyser replied it was 896. He stated there was no base ment planned in this building. Mr. Hyden asked about the treatment system and the guarantee on it. Mr. Smyser replied the Engineer would recommend some way of warranting that the system would work and the City could require they provide so me type of a maintenance agreement. Ms. Lane clarified that the signs would not be lit and they would be required to follow the signage Ordinance. Mr. Smyser replied that was correct and if the church wanted to do something in the future that was not allo wed under the Ordinance, they would have to request a variance. Mr. Rafferty asked how did the City ensure th at the lights were turned off within two hours after an event. Mr. Smyser replied as w ith a lot of conditions, if they received calls that the church was not following their conditions, then staff would check into the complaint to make sure they were in compliance. He stated if the violations continued, the City would enforce the conditions. Mr. Tralle asked what was the status of the property to the north of the entrance. Mr. Smyser replied at this point that property had never been part of the plat or the Conditional Use Permit application, however, in order for the Conditional Use Permit to be approved and the project to go forward, it would be required they get that additional right of way. Ms. Lane stated she would like to see a ca p on how late the lighting could remain on. Chair Schaps invited the public to make comment. Scott Anderson, Eagle Brook Church, thanke d the Board for going through the process with them. He stated they had done their be st to provide information as completely and fully as they could. He noted they had held two neighborhood meetings and they would continue to be open to the neighborhood a nd City’s suggestions and concerns. He indicated they had made the necessary changes to their plans as requested by the Board. He stated they felt strongl y that there was no reason to vote no and they were ready to move on to City Council. He stated as th ey continued to go through the process, they would continue to deal with the concerns brought forward. He stated they had no objection to putting a cap on the lighting and at their current site, their lighting went off at 10:00 p.m. He did not anticipate this would be an issue and he anticipated they would continue to follow a 10:00 p.m. light off. He stated with respect to the McGill property, the Church had an interest in the property and the McGills were willing to provide the easements. Vernon Swing, Engineer, stated he had been hired by the Heron Group to review the study that was prepared by the Church’s cons ultants. He stated the neighborhood was not opposed to a Church on this site, but they we re concerned with the size of the Church. He stated he was not here to contest the re sults of the Church’s study. He indicated he concurred with the results in that there was not sufficient intersection capacity to Planning & Zoning Board January 14, 2004 Page 4 APPROVED MINUTES sustained a development of this magnit ude. He stated ultimately interchange improvements would be necessary. He summarized for the Board the number of peak hour trips made in this development and not ed this was a large number of cars to be going through this area at one time. Chair Schaps asked if Mr. Swing had ever seen intersections like th is before. Mr. Swing replied he had and the way to solve the problem was to improve the intersection. Chair Schaps asked if he had included the poli ce officers at each of the intersections. Mr. Swing stated he had reviewed the existing report, which included the posting of police officers at the intersections. Mr. Swing expressed concern about the move ment of emergency vehicles through the area. Mr. Swing noted ordinarily he was not hired by a Church or a neighborhood, but he indicated this was not a typical Church and strongly suggested infrastructure improvement be put in place prior to the approval of this request. Chair Schaps asked if cities faced infrastruc ture problems daily with developments. Mr. Swing acknowledged all cities faced these problems. Chair Schaps asked him what he would do to try and relieve the congestion. Mr. Swing replied he would try not to exac erbate the problem. He stated he would try to provide for the citizens that were currently in the City. He stated if the church was built, he would suggest additional lanes were added at the interchange ramps and on Main Street and traffic signals added. Chair Schaps asked Mr. Swing, in his op inion, if having police officers at the intersections was a good idea. Mr. Swing replied for a very short period of time this was a good solution. Chair Schaps asked if there was anything ot her than police officers and infrastructure improvements Mr. Swing would recommend. Mr. Swing replied permanent infrastructure was the important element, but even some type of temporary infrastructure improvements would help. Mr. Tralle stated in his opinion, emergency vehicles were a rarity and delay would be inevitable whenever there was an emergency. Mr. Tralle asked what would generate a ro ad to get upgraded. Mr. Swing replied the degradation of the road system dictated wh en it would be repa ired and/or upgraded. Staci Wittner, 7542 Peltier Lake Drive, s howed a video of the Eagle Brook Church traffic. She stated the tape only reflected one of three se rvices. She noted she counted over 600 cars within a 35-minute period entering the parking lot. She stated her video did not show the front parking lot, so she ha d no way of counting those cars. Nor did the video show the back entrance. She indicat ed Highway 61 was also all backed up. She Planning & Zoning Board January 14, 2004 Page 5 APPROVED MINUTES indicated after she had stopped taping, the traffic had tapered off. She stated she had been to the church three times and the traffic was always the same. She believed her neighborhood would be stuck in a tw o-mile traffic jam if they wanted to get out before or after a church service. She stated she was not opposing the Chur ch, but she was opposing the size of the church. She noted her ne ighborhood was rural and quiet, and the roads would not accommodate this type of traffic. She urged the Board to not approve this request. She presented to the Board a li st of police calls made to Eagle Brook. Doug Jost, Centerville, asked the Board to deny this request. He presented a written statement to the Board. He stated this development would cause undue stress to the traffic flow in the neighborhoods. He stated the roads could not accommodate this type of development. He noted the current 20 th Avenue was not designed to handle the increased traffic that EBC is projecting will occur. The City of Lino Lakes should wait until a consensus is reached between the City of Centerville and the County of Anoka as to how increased traffic levels can be managed for 20 th Ave., and the Highway 14 and 20 th Ave. intersections. He stated Eagle Br ook Church had severely underestimated the problems that will occur for the local resident s by their increased tra ffic flow. If Eagle Brook Church wants to build in Lino Lakes, th ey should plan on bu ilding a site that is already zoned commercial/industrial, because that is the type of area that is more suited for their type of operation due to its immense size. Sylvia Marier, 1833 77 th Street, presented the Minutes of the Council from 1990 and a written statement for the Board’s review . She stated the Heron Group and the neighborhood was requesting the Board review th e history of this area. She stated in 1990 negotiations with the resident occurred and a commercial/industrial area was approved. She requested the Board not approve this development. Paul Rand (?sp), stated it was very difficult to deal with traffic in a mathematical way. He stated he believed people would adjust their trips to avoid traffic congestion. He indicated there would be a natural adjustment to traffic until permanent infrastructure improvements were made. He stated human na ture would help adjust any traffic jams. Eugene Marier, 7720 20 th Avenue North, stated his prope rty was located directly across this development. He presented a petit ion signed by over 115 residents opposing this development. Mr. Smyser requested in the future, residents make copies of all documents submitted to the Board for staff. Barbara Bor read from a prepared statement. She stated their traffi c engineer had tried to address their concerns and cl early there was a traffic issue. She noted there were alternatives to their concerns. She stated the standards for the CUP required an objective comparison of the proposed use. She asked if this proposal met that standard. She noted there were people involved in this equation. She asked if this land use was unique. She noted even if the Church used only half of its capacity, it exceeded all businesses within District 6. She asked how big was too big. She stated if the size and intensity was greater than other size and inte nsity in their District, then they needed to come to the conclusion that this proposal was adverse. She noted the driveways where the turn lanes Planning & Zoning Board January 14, 2004 Page 6 APPROVED MINUTES are proposed to be located, were not on th e drawings. She indicated the area was residential, and she was concerned about th e size of the building in comparison to the homes. She acknowledged this is a church in need of an expansion, but this was the wrong place to put it. She asked the Board to deny their request. Chair Schaps asked in general what did Ms. Bor think would happen to the roadway if Columbia Township approved the Racino. Ms . Bor stated she believed the impact on traffic and the roads would be great. Sh e stated they needed a road solution and unfortunately, that was not intended for th e near future. She asked why were they choosing to leap frog and include a developm ent right now that would make this area worse. Mr. Tralle asked why didn’t the residents do something when they knew the wetland areas were disappearing. Ms. Bor replied the Heron Group had no tified the Rice Creek Watershed District about this , but nothing had been done. Mr. Tralle made a MOTION to close the publ ic hearing at 8:15 p.m. and was supported by Ms. Lane. Motion carried 4-0. Mr. Hyden made a MOTION to act on this request tonight and was supported by Mr. Tralle. Motion carried 4-0. Chair Schaps added condition 20 that the traffi c analysis needed to be revised for the Saturday and Wednesday traffic to meet staff’s approval prior to City Council consideration. Ms. Lane added condition 21 that no work or excavating be done until after July 1 st or later due to the sensitiv ity of the heron rookery. Ms. Lane added condition 22 that the lights, with the exception of th e security lights, be off by 10:00 p.m. as a part of the CUP. Mr. Rafferty stated he was not in agreemen t with condition 21. Chair Schaps noted the Council could keep the condition, modify it, or eliminate it. Chair Schaps asked if springtime construction was now a moot issue. Mr. Smyser replied if this goes to the Council afte r tonight’s meeting, and it wa s approved, the Church could possibly begin grading on the site in th e spring, so he did not think springtime construction was a moot point. Mr. Hyden also agreed with Mr. Rafferty in objecting to condition 21 as added by Ms. Lane. Ms. Lane stated the City was in grave dange r of losing their heron population and she felt strongly about preserving their nesting area. Planning & Zoning Board January 14, 2004 Page 7 APPROVED MINUTES Chair Schaps stated his concern was th at nobody could say for certain that 2500 feet would impact the heron population. He stated he was not convinced this would be a significant issue with it being over 2000 feet away. Mr. Rafferty agreed with Chair Schaps that nobody had given them definite information if this project would impact the herons. He noted 35W was closer to the island than this development. Chair Schaps asked how many members were in agreement with this condition. Ms. Lane was the only Board member who indicated she was in agreement. Mr. Schaps stated this condition would no t be added and condition number 22 would now be condition number 21, but the Ms. Lane’s co ncerns would be not ed in the Minutes. Mr. Rafferty made a MOTION to recommend a pproving Preliminary Plat subject to the conditions as noted in staff’s January 14, 2004 report and also Condition 20 and 21 added at this meeting and was supported by Mr . Tralle. Motion carried 3-1 (Lane). Mr. Hyden made a MOTION to recommend approving the Conditional Use Permit for a church in the Rural Zoning District, Eagle Brook Church, subject to the conditions, and was supported by Mr. Tralle. Motion carried 3-1 (Lane). Mr. Tralle stated this was not an easy decisi on for him to make and he thanked the Heron Group for all of their efforts and noted he was very dissatisfied with the Rice Creek Watershed District. He noted the church owned the property and they had a right to develop it. He urged the resi dents and Eagle Brook Church to work together to make this development work to the benefit of everyone. He stated the Board had done their homework for this request. Mr. Rafferty stated he agreed with Mr. Tralle and the information that was brought forward by the residents was very well done. He pointed out that all of the residents who had built their homes in the City added to the traffic problems. He stated he believed the church would be good stewards for th e land, and he believed this was a good development for the area. He also encouraged the church and residents to work together. Chair Schaps stated that as chair, he doesn’t vote unless there is a tie vote. However, if he had to vote, he would have voted in favor of this development. He stated there were a lot of other things that coul d have happened and applicant c ould have acted in a different way, which could have had an adverse impact on this project, but that had not happened. He agreed with Mr. Rafferty that all of the residents contributed to the congestion issues. He thanked everyone for his or her work on this project. Chair Schaps adjourned the meeting at 8:38 p.m. and reconvened the meeting at 8:50 p.m. B.Final Plat for Ravens Hollow, K-G De velopment, East of Hodgson Road and South of Fox Trace Development Planning & Zoning Board January 14, 2004 Page 8 APPROVED MINUTES Staff stated the City Council approved th e preliminary plat for Ravens Hollow with Resolution 03-134 in August, 2003. The final plat needs P & Z review prior to City Council approval. Staff indicated the final plat conforms to the approved preliminary plat. The rezoning of the site is in effect. The City Attorney has approved the title commitment. The City Engineer has prepared a development agreement. Staff noted one condition of approval was: 2.If an area identification monument is planned, information specifying sign design, location, ownership, and maintenance must be submitted for City review with the final plat. Staff noted this was covered in the homeowners association document. Staff stated the park dedication condition read as follows: 6.Park dedication shall be $93,240 less the agreed upon value of a trail dedication along the northern edge of the site. This shall be clarified prior to final plat approval. Staff noted the developer has agreed to deed to the City a trail easement 30 feet wide that will cover the existing trail and a park dedication credit of $8,000.00. Staff has required that the easement deed be submitted including legal description of the easement and a survey showing it. Staff recommended approving the final plat for Ravens Hollow. Ms. Lane made a MOTION to recommend approval of the Final Plat for Ravens Hollow and was supported by Mr. Hyden. Motion carried 4-0. C.CONTINUED PUBLIC HEARING for Co nditional Use Permit, Circle-Lex VFW, 7868 Lake Drive Chair Schaps reopened the public hearing at 8:52 p.m. Staff stated applicant was interested in c onstructing a new building at their site on the northeast corner of Lake Drive and Lois La ne. The site has a conditional use permit (CUP), which will need to be amended to al low the construction of the new building. He noted the City had previously approved a CUP amendment in 1999 for the construction of an addition onto the exis ting VFW building, but that project was never constructed. The work proposed by this applicati on would replace that approved plan. Staff presented their analysis and reco mmended approval subject to the following conditions: Planning & Zoning Board January 14, 2004 Page 9 APPROVED MINUTES 1.The separate parcel shall be combined into one tax parcel. The applicant must submit documentation that a lot combina tion has been filed with Anoka County prior to issuance of a building permit. 2.Additional right of way shall be dedicat ed to Anoka County for Lake Drive, as indicated on the plans. A deed for this ri ght of way shall be fi led prior to building permit issuance. 3.The Lake Drive driveway must align with 79 th Street. The southern edge of the driveway must be moved to the south fr om what is shown on the 12/18/03 plans. A new plan must be submitted showing this change prior to City Council consideration. 4.The VFW must demonstrate a 50’ se paration between ex isting wells on all adjacent residential propertie s and the proposed stormwater ponds. This must be demonstrated prior to Ci ty Council consideration. 5.The VFW must demonstrate how park ing will be accommodated during the construction period prior to City Counc il consideration. Construction limits should be shown on a plan. 6.Drainage and utility easements must be created over all ponds. Deeds for these easements shall be provided to the City prior to building permit issuance. 7.The new building must connect to c ity water and sanitary sewer and pay appropriate connection charges. 8.Any existing septic system or wells mu st be properly abandoned according to law. 9.Plantings labeled “vide” are not listed in the plant list. These must be identified. The height of plantings ne ar the driveway must not interfere with sight lines. 10.The City native seed schedule shall be used in infiltration and ponding areas. 11.Issues listed in the January 8, 2004 memo by the City engineer must be resolved to his satisfaction. 12.A stop sign shall be installed for the Lake Drive driveway. 13.All necessary permits shall be obtaine d by the applicant from Anoka County for work in the Lake Drive (CSAH 23) right of way. 14.Lighting must be shown on submitted plan and fixture cut sheets. 15.Signage is governed by the City’s sign or dinance and permits are required for all signs. 16.The VFW shall enter into a site perfor mance agreement prior to issuance of a building permit. 17.The VFW must agree to a mutual cross-access easement with the property to the north when that property develops. 18.If parking or traffic generation create pr oblems in the future, the City may impose additional requirements to resolve such issues. 19.Project approval includes a pproval of setback variances to allow the building to be 34 feet from the new Lake Drive righ t of way, and the parking drive to be 5 feet from the new Lake Drive right of way. Mr. Tralle asked if Lois Lane would be th eir main entrance and where a median would be placed. Mr. Smyser replied the County has not yet determined locations for breaks in a future median. He noted this stretch of Lake Drive had a lot of “T ” intersections and this makes planning difficult. Planning & Zoning Board January 14, 2004 Page 10 APPROVED MINUTES Mr. Rafferty asked if the fence would be six or seven feet high. Applicant replied the fence would be six feet high. Chair Schaps invited the pub lic to make comment. Bert Noren, 785 Lois Lane, expressed concerns regarding parking. Mr. Smyser replied the formula they used was 10 spaces per 1000 square feet, plus employees. For large events that could pose problems, the C ity could impose additional requirements to resolve such issues. Ms. Lane made a MOTION to close the public hearing at 9:13 p.m. and was supported by Mr. Hyden. Motion carried 4-0. Mr. Tralle asked applicant if they had ever considered purchasi ng Mr. Noren’s and the adjourning neighbors property. Dean Johnson, VFW, replied they had entertained the idea of purchasing the properties, but th ey had not acted on it in any way. Mr. Tralle stated he had a concern with th e addition of future medians and the access to this site. Mr. Rafferty asked what was the maximum nu mber of people that the building could accommodate. Mr. Johnson replied they cold ha ve 300 people in the dance/banquet area, but realistically it would proba bly be closer to 200 people. Mr. Tralle asked if there would be an open re staurant in the facil ity. Mr. Johnson replied there were booths and tables, but it was not a huge eating facility. It was designed for 92 people. Chair Schaps asked if there was anything th at would prevent cars from parking along the service drive south of 79 th Street. Mr. Smyser replied th at was a possibility. He noted Lois Lane was a public street and did allo w parking. Mr. Johnson noted Lions Park was also a block away, which had 79 spaces and while they could not post this as overflow parking, it was available. Chair Schaps asked what was the anticipa ted building schedule. Mr. Johnson replied they wanted to start construction in the spring. Mr. Hyden asked what type of signage w ould they have. Mr. Johnson showed an example of the signage they were thinking about using. He noted the signage would be attached to the building. He stated he be lieved the existing pole sign would be moved or eliminated. Chair Schaps encouraged them to eliminate the existing pole sign. Ms. Lane made a MOTION to recommend approving Amendment to Conditional Use for a Private Club, subject to the conditions as noted in staff’s January 14, 2004 report and was supported by Mr. Rafferty. Motion carried 4-0. Planning & Zoning Board January 14, 2004 Page 11 APPROVED MINUTES Ms. Lane made a MOTION to recommend approving the variance for setbacks from Lake Drive and was supported by Mr. Rafferty. Motion carried 4-0. Mr. Rafferty made a MOTION to recomme nd the allocation of 2.24 acres of MUSA reserve, subject to the conditions as no ted in staff’s January 14, 2004 report and was supported by Mr. Hyden. Motion carried 4-0. D.CONTINUED PUBLIC HEARING for Rezone and Preliminary Plat, Legacy Holdings Lino Lakes LLC, Legacy at Woods Edge, SE corner of 35W and Lake Drive Staff stated they were continuing to wo rk with the Hartford Group on the building elevations and other issues raised in the De cember staff report. He noted staff would present the revised plans to the Board for discussion at the January 28, 2004 Special Planning & Zoning Board work session. Staff recommended continuing the public hearing to the February 11, 2004 regular Planning & Zoning Board meeting. Mr. Tralle made a MOTION to continue th e Public Hearing to the February 11, 2004 regular Planning & Zoning Board meeting and was supported by Mr. Rafferty. Motion carried 4-0. E.PUBLIC HEARING for Rezo ne, 4-acre property at NE corner of Lake Drive and Aqua Lane Chair Schaps opened the public hearing at 9:35 p.m. Staff stated a recent development applica tion has brought to light an inconsistency between the comprehensive plan and the zoni ng on the property. When this occurs, the inconsistency must be corrected. This rezo ning was initiated by the City to address the inconsistency. Staff noted the subject site is four acres of property at the northeast corner of Lake Drive and Aqua Lane, adjacent to the existing Marshan Lake Condominiums. The entire Marshan Lake Condominiums site and the remaining four-acres along Lake Drive is guided Medium Density Residential. This allows a density of 3-6 units per acre. Staff stated the site is zoned R-4, a high-density zone. This is not consistent with the comprehensive plan’s Medium Density classi fication. To address this inconsistency, either the comprehensive plan or the zoning should be changed. Based on the recommendation of the P & Z and the City Council work session discussions, the site should be rezoned to R-3. Staff has prepared an amendment to the zoning ordinance to rezone the site to R-3 to bring it into conformance w ith the comprehensive plan. Staff presented their analysis and recomm ended approving the rezoning from R-4 High Density to R-3 Medium Density. Planning & Zoning Board January 14, 2004 Page 12 APPROVED MINUTES Chair Schaps invited the public to make comment. Ron Fuchs, Hokanson Development, 9174 Isanti Street NE, Blaine, read from a prepared statement which he presented to staff. He requested the Board deny this request. Chair Schaps asked if the medium density was accurate. Mr. Fuchs replied the existing development is 6.4 units/acre, which is in the range of high density. Bob Voeller, representative of owner, 634 A qua Circle, Vice President Marshan Lakes Townhouse Association, stated they did no t want housing units stacked one on top of each other. He stated they had built their homes with the understanding that there would be green space. He requested the Board rezone the property to R-3. Mr. Hyden made a MOTION to close the publ ic hearing at 9:44 p.m. and was supported by Mr. Tralle. Motion carried 4-0. Mr. Tralle made a MOTION to recommend a pproval of Rezoning Site from R-4 to R-3, Northeast Corner Lake Drive and Aqua La ne and was supported by Ms. Lane. Motion carried 4-0. F.CONTINUED Variances for detached garage, Joseph Kivel, 6262 Otter Lake Road Staff stated applicant had completed the tw o pending action items requested by the Board at their October 8, 2003 meeting. Staff noted the two action items we re a full Certificate of Survey would be submitted, with a comple te setback information and proposed garage dimensions and setbacks; the applicant woul d explore the possibility to swapping land with the neighboring property ow ner to the north, whereby la nd could be acquired so that a driveway could be constructed along the northern property boundary with a garage to be placed to the east of the home. Staff presented their analysis and recomme nded approval of the proposed variance with the following condition: 1.The applicant, their successors, and assi gns are hereby notified that should Otter Lake Road expand by ten feet or less, neith er the City and/or road authority will pay compensation to the property owners for severance damages due to their encroachment in the setback area. Mr. Tralle asked if the City would have to buy Mr. Kivel out if the road went through. Ms. Gretz replied there was a condition in the report that dealt with this issue. Mr. Hyden asked if this woul d set a precedent for the homes in that area. Ms. Gretz replied this was a difficult question to answer, but there is a clear hardship in this situation. Planning & Zoning Board January 14, 2004 Page 13 APPROVED MINUTES Mr. Hyden asked if the City would be held responsible if the garage was hit because it was so close to the property line. Ms Gretz replied this was a lega l question and she did not know how to answer this. Chair Schaps stated there was awareness on applicant’s part that a garage was being placed in a location, which might create a traffic hazard. Joseph Kivel, 6262 Otter Lake Road, stated he did not believe the garage would be a traffic hazard and someone would have to make a real effort to hit it. Mr. Rafferty made a MOTION to recommend approval of the variance for a detached garage, Joseph Kivel, 6262 Otter Lake Road and was supported by Mr. Tralle subject to the condition as noted in staff’s Janua ry 14, 2004 report. Motion carried 4-0. G.Final Plat for Miller’s Crossroads, Bruggemen Properties, SE corner of Birch St. and Hodgson Rd. Staff stated the City Council approved the pr eliminary plat for Miller’s Crossroads with Resolution 03-142 on September 22, 2003. The fina l plat needs P&Z review prior to City Council approval. Staff stated the final plat conforms to the a pproved preliminary plat. The rezoning of the site is in effect. Prior to City Council approval of the fina l plat, the City Attorney will review the title commitment. The City Engineer will prepare a development agreement. Estimates for utility and roadwork will be us ed by the City Engineer approval in order to prepare the development agreement. Other cond itions of approval must be satisfied prior to City Council approval or includ ed in the development agreement. Staff recommended approval of the final plat. Mr. Hyden made a MOTION to recommend approval of the Final Plat, Miller’s Crossroads and was supported by Mr . Rafferty. Motion carried 4-0. VI. DISCUSSION ITEMS A. 2003 Year-End Summary Staff presented the 2003 Final Action Summaries for the Board’s review. Ms. Lane stated she would find it helpfu l to see what the Council did also. B.Continued Discussion – Temporary Signs/Banners Mr. Rafferty stated due to the lateness of the hour, he would ag ree to postpone this discussion, but wanted to discuss this at some point in the future because it was an important issue. He noted this discussion c ould be held when they had a lighter agenda. Planning & Zoning Board January 14, 2004 Page 14 APPROVED MINUTES Chair Schaps stressed the importance of ge tting the business owne rs involved in this discussion also. C.Updates Mr. Grochala reminded the Board of the sp ecial meeting to be held on January 28. Mr. Grochala stated Anoka County was going to do the Main Street project from I-35E to I-35W and was starting the preliminary planni ng process at this time. The first open house was tentatively scheduled for Febr uary 19 at Wargo Nature Center. VII.ADJOURNMENT Mr. Rafferty made a MOTION to adjourn th e meeting at 10:32 p.m., and was supported by Ms. Lane. Motion carried 4-0. Respectfully submitted, Kathy Altman, Recording Secretary TimeSaver Off Site Secretarial, Inc .