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HomeMy WebLinkAbout11/12/2008 P&Z Packet• • • CITY OF LINO LAKES PLANNING & ZONING BOARD MEETING Wednesday, November 12, 2008 6:30 p.m. Council Chambers (Scheduled to be televised on Ch. 16) Please be courteous and turn off all electronic devices during the meeting. AGENDA I. CALL TO ORDER AND ROLL CALL II. APPROVAL OF AGENDA III. APPROVAL OF MINUTES: October 8, 2008 IV. OPEN MIKE V. ACTION ITEMS A. CONTINUED Variance from Ordinary High Water Level to allow for the reconstruction of an accessory structure located at 1801 77th Street — Paul Bengtson B. PUBLIC HEARING to Amend the Planned Unit Development for Legacy at Woods Edge to amend the signage standards within Chapter 5 of the Lino Lakes Town Center Design and Development Guide — Paul Bengtson C. Final Plat for Marketplace 3rd Addition for a commercial subdivision lot line adjustment — Paul Bengtson VI. DISCUSSION ITEMS A. Comprehensive Plan Update VII. ADJOURN Meeting guidelines on reverse side. City of Lino Lakes Planning & Zoning Board MEETING GUIDELINES Open Mike — The purpose of a Board Meeting is to accomplish the business of the city. When presenting at a meeting please remember to be respectful, and follow these guidelines: • Please address the meeting chair. • State your name and address for the record. • Please observe a 4- minute limit. • The topic must relate to city business. • Open Mike is for items not on the agenda. • A spokesperson must represent a group of five or more — groups will have 8 minutes. • The Presiding Officer may limit duplicative presentations. • Remember, the meeting is to discuss city business only. Public Hearing - Held as a separate item of business on the agenda. The public hearing segment is your opportunity to tell the Board how you feel about issues scheduled to be heard. Typically, a hearing follows these steps: • The Presiding Officer (Chair or Vice - Chair) will announce the proposal to be reviewed and ask for the staff report. The presiding Officer shall maintain strict order and etiquette at all meetings. • Staff will present their report on the proposal. • Board members will then ask City Staff questions about the proposal. • The Presiding Officer will then open up the public hearing for anyone present who wishes to comment on the proposal. This is the time for the public to make comments or ask questions about the proposal. Comments should be limited to four (4) minutes unless further time is granted by the Presiding Officer. All comments should be directed to the Board as a body and not to any individual Board Member or City Staff Member unless permission is granted by the Presiding Officer. No person shall be permitted to enter into any discussion, either directly or through a member of the Board without the permission of the Presiding Officer. • After everyone in the audience wishing to speak has given his/her comments, the Presiding Officer shall close the public hearing. • The Board will then discuss the proposal. No further public comments are allowed. • The Board will then make a recommendation(s) and/or a decision. When you are called upon for your comments, please step to the microphone at the podium and state your name and address for the record. Occasionally, the Board may continue a hearing to another meeting before taking action. Meeting Etiquette The Planning & Zoning Board must preserve order and decorum while the meeting is in session. A resident shall not, by conversation or otherwise, delay or interrupt the proceedings or the business of the Board, nor disturb any resident or Board Member while speaking or refuse to obey the orders of the Board. CITY OF LINO LAKES PLANNING & ZONING BOARD MINUTES DATE ST) 6: P. P. • Michael Hyden, Perr Brian Pogaiz (Vice C i aden, Ro be ►,RobRa I. CALL TO ORDER AND ROLL CALL: Chair Tralle called the Lino Lakes Planning and Zoning 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 added for discussion of the Comprehensive Plan. The agenda was approved as amended. 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. Laden. 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. DRAFT MINUTES Planning & Zoning Board October 8, 2008 Page 2 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 to allow for the reconstruction of an accessory structure located at 1801 77th St. Paul Bengtson, Associate Planner, presented the staff report. Mr. Bengtson explained that since the writing of the staff report, staff identified additional issues with the application. Upon a site 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 structure 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 would also be considered an encroachment. City Staff recommended denial of the variance request based on the facts that the proposed addition would increase its nonconformity from the shoreland setback, the proposed addition would surpass the allowable accessory 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 the removal of his garage. Applicant, Ron Marier, 1801 77th St., stated that his property is taxed at 5.14 acres. On Peltier Lake, his house is the farthest away from the 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 to match the setback of the house. He explained that they take care of people in an assisted living type of process. He is planning to add a mud room to correct a water problem as well as to increase the area for handicap access. Mr. Marier would like to keep this 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 family and would keep the property as pristine as it is now. Board members discussed the possibility of the addition being moved towards the front of the home. Mr. Marier stated that he has been planning 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 history of the property as well as the existing structures on the site. DRAFT MINUTES • • • • • Planning & Zoning Board October 8, 2008 Page 3 Board members asked if Mr. Marier would consider reducing 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 indeed five acres, the total allowable accessory structures would be 4200 sq. ft. The existing sheds are roughly 4200 sq. ft. and the new structure would be 1000 sq. ft. The new total 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 total 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 considering 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 that the applicant stay within the maximum square footage of allowable accessory structures, as well as moving the structure back so to not increase the encroachment. Mr. Nelson was comfortable with the proposal, pointing out that the Marier family has been good stewards of the land, and did not agree that 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, revised to -scale drawings showing a new proposal for the addition, and the exact sizes of the 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 was requesting. Mr. Laden made a MOTION to table this item to the November Planning and Zoning Board Meeting. Motion was supported by Mr. Rafferty. 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 specified requirements of treating humans and animals in the same facility. Mr. Bengtson stated that there were no health concerns from Anoka County, the State Board of Health, and the State Board of Chiropractors. DRAFT MINUTES Planning & Zoning Board October 8, 2008 Page 4 Ms. Gerard explained that the owner of the E. G. Rud building suggested that her facility be located in the garage area of the Rud building for the care of animals. She clarified that livestock animals would be treated on 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 Ordinance 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 third 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 limited attendance at Comprehensive Plan Advisory Panel meetings throughout the Comprehensive Plan update process. Mr Rafferty was concerned about issues that changed throughout the drafting of the plan and the review of those changes by the panel. Mr. Pogalz stated that meeting materials were distributed to all of the advisory panel members, and every member had the opportunity to make comment. VII. ADJOURNMENT Mr. Rafferty made a MOTION to adjourn the meeting at 9:08 p.m. Motion was supported by Mr. Hyden. Motion carried 5 -0. Respectfully submitted, Dawn Bugge Community Development Assistant DRAFT MINUTES • • • • AGENDA ITEM 5.A. STAFF ORIGINATOR: Paul Bengtson MEETING DATE: November 12, 2008 TOPIC: Continued: Variance to the Shoreland Ordinance Ordinary High Water Setback 1801 77th Street BACKGROUND Ron Marier has requested approval of a Variance from the Ordinary High Water Level (150 feet) of Peltier Lake to allow the reconstruction of a storm damaged accessory structure. The structure was removed by the applicant, and upon applying for a building permit for the reconstruction, staff informed the applicant that the decrease in the setback from the lake caused by slightly reconfiguring the structure would not be allowed under the strict enforcement of the Shoreland Ordinance. He was issued a building permit for a portion of the structure that would be within the original garage's footprint so that he could close the structure to the elements, and also received a permit to rebuild the deck structure. The property is located on the eastern shore of Peltier Lake just north of the intersection of Peltier Lake Drive and 77th Street. Ilkince the October meeting the applicant has submitted a revised drawing that proposes limiting the setback encroachment to being no greater than the previous garage structure, however since the proposed addition does not follow the exact footprint of the old structure, a variance is still required. The site plan also includes the size and location information of the other detached accessory structures on the site. ANALYSIS Comprehensive Plan, Land Use and Zoning: The table below identifies the existing land use and zoning as well as guided land uses for the area. Location Existing Land Use Guided Land Use Existing Zoning Site Residential Low Density Sewered Residential Rural North Residential Low Density Sewered Residential Rural South Residential Low Density Unsewered Residential Rural East Residential Low Density Sewered Residential Rural West Peltier Lake Peltier Lake Peltier Lake Accessory structures: The Planning and Zoning Board requested that Mr. Marier submit proof that his site is 5 acres or greater in size. He submitted Anoka County tax statements that state the property size as `5.00 acres'. Staff would concede that the property should be allowed a total of 4,200 square feet of accessory structures as such. The existing structures on the site include a 2,240 square foot barn and a 1,920 square foot machine shed, for a total of 4,160 square feet. The proposed addition is roughly 1,200 square feet. This would mean the site would exceed the maximum by 1,160 square feet. Staff recommends that if this addition is approved, this area be removed from one of the existing structures prior to a certificate of occupancy for the garage addition. •Setbacks: The Zoning Ordinance requires a five foot setback from side property lines for attached accessory structures. The proposal clearly exceeds this requirement. The Shoreland Ordinance requires a 150 foot setback from the Ordinary High Water Level of Peltier Lake. There is much of the site that would meet this setback, but in order to attach the structure it would need to encroach into the 150 foot setback. The applicant has submitted revised plans that do not increase the setback encroachment towards the lake, but still increases the amount of structure that encroaches within the setback area. Findings: State law requires the following findings to be made in order to grant the approval of a variance. Staff has completed the findings in regards to the upland lot area reduction based on the revised submittal: • • FINDINGS In considering all requests for Variance or appeal and in taking subsequent action, the City shall make a finding of fact: a. That the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. While the zoning ordinance requires an accessory structure for all residential properties, the structure is not required to be attached to the main structure. As such, the property would still have reasonable use with a new detached structure built the full 150 feet from the Ordinary High Water Level of Peltier Lake, or the existing detached structures on the site. b. That the plight of the landowners is due to physical circumstances unique to his property not created by the landowner. The City of Lino Lakes is home to many bodies of water which means being a riparian lot is in no way a unique characteristic or physical circumstance. As this is a lot of roughly five acres in size, a large portion of land is buildable and outside of the required setbacks. c. That the hardship is not due to economic considerations alone if reasonable use for the property exists under the terms of the ordinance. While the zoning ordinance requires an accessory structure for all residential properties, the structure is not required to be attached to the main structure. While the expense of construction may be higher, the property would still have reasonable use with a new detached structure built the full 150 feet from the Ordinary High Water Level of Peltier Lake, or with the existing detached structures already on the site. • • d. That granting the variance requested will not confer on the applicant any special privilege that would be denied by this ordinance to other lands, structures, or buildings in the same district. Considering that an alternative location for the garage, detached from the structure, is available, granting the variance would allow the applicant to encroach into a setback in a way that other structures would not be allowed. e. That the proposed actions will be in keeping with the spirit and intent of the ordinance. The spirit and intent of the Ordinary High Water Level setback for structures is to minimize encroachment of development onto a natural environment. While the existing dwelling already encroaches upon the setback, the proposed addition would increase the length of the encroachment. RECOMMENDATION Staff is recommending denial of the request for a variance based on the attached finding of fact. If the board wishes to recommend approval, the following condition is recommended: 1. Prior to certificate of occupancy for the addition, the property owner must submit proof that the accessory buildings on site have been reduced to a maximum of 4,200 square feet in area. ATTACHMENTS •1. Marier Justification Letter submitted October 13, 2008. 2. Marier Site Plan submitted October 24, 2008. • • jo— l3 —v15 Paul Bengtson Associate Planner 600 Town Center Parkway Lino Lakes, MN 55014 -1182 Dear Paul and Committee, Narrative Information for Variance on 1801 77th Street East - Marier Property Requested information: 1. Anoka County property tax statement from 1999 to 2008 showing that I pay taxes on 5 acres. 2. 1995 Subdivision survey showing Barn measurements and house location. Note: Barns are over 150 feet from high water mark. 3. 2008 survey and sketch showing new garage no closer to the highwater mark than the old garage. Please consider a variance for proposed garage addition. Respect . y submitted, Ron Marier cia-, 44212 /4-v 4-La_ t,%.,7f- , RECEIVED OCT 1 2008 crrY OF LINO LAKES A 495± r°1;% 1 IF 1 1 ..Fe PELIIER LAKE 0 LC) LO tO I F< I 11 'A / I 11 'l 1\ 1 SEE DETAILS SHORELINE (884.73) & OHW UNE(884.7) N.G.V.D. 29 OF PELTIER LAKE, AS LOCATED, 9 -11 -08 0 100 —119 — 0 0 200 Scale In Feet \ \ • . 1 ■ l„� F< F- Fe eJ 771H STREET EXISTING BUILDING, /LFE -904.6 NO SCALE LEGEND Bituminous Surface Existing Building Line LFE Lowest Floor Elevation DESCRIPTION (PER CLIENT) LOT 5 AUDITOR'S SUBDIVISION NUMBER 55, ANOKA COUNTY, MINNESOTA SKETCH NOTES 1. For details see building plans. 2. Vertical Datum = NGVD 1929 3. Ordinary High Water Elevation =884.7 feet Lowest Floor Elevation = 904.6 feet RECEIVED OCT 2 2008 CITY OF LINO LAKES HULT & HEBEISEN, P.A. PO Box 37 Forest Lake, MN 55025 ph: (651) 464 -3130 fax: (651) 464-4822 email: hult @mfra.com Surveyors + Engineers + Wetland Specialist Client RON MART ER Project 1 801 EAST 77TH ST., HUGO, MN Location 11- 31 -22, ANOKA COUNTY, MN Certification Summary Approved: KLJ Drawn: MDN Revision History No. Date By Submittal / Revisior 1 1W23/08 MDN HOUSE LAYOUT CHANGED Sheet Title SKETCH Sheet Number Revisior 1 OF 1 Project No. 08142 • AGENDA ITEM 5.B. STAFF ORIGINATOR: Paul Bengtson MEETING DATE: November 12, 2008 TOPIC: Public Hearing: Town Center Signage Criteria Amendment BACKGROUND The Country Inn and Suites located within the Town Center project has submitted a request to amend the Town Center Design and Development Guidelines to allow for increased wall signage on single tenant buildings within the Town Center area. The Planning and Zoning Board discussed the possibility of additional signage at the October 8, 2008 meeting, and upon receiving the comments of the Board; the property manager submitted a letter to staff requesting to proceed with an amendment application. ANALYSIS *he sign ordinance adopted by the City of Lino Lakes allows a normal business to have up to two wall signs, and free standing signage based on the amount of frontage the property has. However, within the Town Center project the Town Center Design and Development Standards are enforced, and the Signage Criteria within the TCDDS only allows free standing signage for buildings in the Civic district (City Hall, YMCA). As such, all single tenant buildings which are located in the Commercial or Mixed -Use districts of Town Center, like the Country Inn and Suites, are only allowed two wall signs and therefore have significantly less signage than would be allowed if they were located elsewhere in the city. This disparity was meant to be covered by master development signage that would potentially advertise the larger businesses, like the Country Inn and Suites, but the master developer for the site has stalled out any construction activities and the disparity in signage is affecting the hotel's ability to generate customer satisfaction and repeat business. RECOMMENDATION Staff is recommending that the city amend the Town Center Design and Development Guide to allow all single user tenants to have three wall signs. • • • AGENDA ITEM 5.C. STAFF ORIGINATOR: Paul Bengtson MEETING DATE: November 12, 2008 TOPIC: Marketplace 3rd Addition Preliminary Plat Final Plat BACKGROUND Ryan Companies have requested approval of the Marketplace 3rd Addition final plat. This project is simply the adjustment of lot lines between the site that is occupied by the Sears Appliance Outlet and the vacant property to the west. ANALYSIS The final plat is conforming to the preliminary plat for the entire Marketplace development project and adequately addresses all requirements of the subdivision ordinance and the zoning code. The parking spaces that are being removed from the Sears Appliance Outlet lot are not necessary to meet the minimum requirements of the zoning ordinance and will still be a part of the shared parking agreement that covers the entire block of the Marketplace development. The drainage and utility easements that are in place cover the existing pipe system for the development, will remain in place, and do not need to be enhanced with additional easement area. The city attorney has the title commitments and will forward an opinion prior to the item being heard by the City Council. The developer will be required to comply with this opinion prior to the final plat mylars being signed by the city for recordation. RECOMMENDATION Staff is recommending approval of the final plat with no conditions. • ATTACHMENTS 1. Final Plat submitted October 28, 2008 \ / l lnln I Ali L_l/V l/ L_/- It 7 / A A A E) 11 r ' E) I A /, r 1 V -l1 \ 1\ L I LJ v L_ / / / 'q. / LINO LAKES MARKET PLACE 3RD A DDI T /ON n 11 n l /1 I A 1?" 17...."' L.11 V l/ L ./-11 \ L_ ...: S89 °12'021' ch / sBl °O62i - l 92.37 / 20.4. t7 l,ko+p,�s 4tor'2 .4) // 04) // / 6. /� 1 ( 41 • i ;u L ._ 1 • ;9P��'A F .i., i I c+c,','F".4f, L A/ n A n n/ T/ /l A I o — - -JJ --I ati� IVLJ /-I LJLIlIV1Y _ g L Q'; o I` • 'r)A,c,„,, /. ca�S864'S2F LI L.. 72.12 TANGENT ! A„...... 24 R.. 66,133 53',261,, RECEIVED OCT `?- 3 2008 CITY OF UNO LAKES J 122.05 10 30 0 30 60 90 Scale in feet Bearings shown ore based on the plot of LINO LAKES MARKET PLACE The east line of Lot 6, Block 1. LINO LAKES MARKET PLACE, bears S00 °47'57 -W. o Denotes 1/2 inch by 14 inch iron monument set and marked by License No. 45873 • Denotes found iron monument 271.51 72 r - -, 779.14 o IT1 J u t. 11 ' W / •`•ORARIAGE AND UOL/TY EASEMENT u / .4.5 PER LINO LAKES MARKET PLACE • /b hy / '1 2� 089°72'05 -W _ 2762 ti 10 0. 1 e I 1 1i- 77.62 °' S89 °12'54 ;10 L_ 20 --L AA E) le' ti)1 A /, 1V1/-11 /t\L l I LJ-1 vL 301.15 A L),) /l/ 1 n 1-1 E) 11 /f- n, , L_ L. LJI /I V L_ 2 T 779.10 N89 °12'021V 0 J 23 CITY OFF LINO LAKES COUNTY OF ANOKA, MN SEC. 8, TWP. 31, R. 22 KNOW ALL MEN BY THESE PRESENTS That Ryon Companies US, Inc., A Minnesota corporation, fee owners of the following described property situated in the County of Anoka, State of Minnesota, to wit: Lot 6, Block 1, LINO LAKES MARKET PLACE, according to the recorded plot thereof, Anoka County, Minnesota. AND Lot 3, Block 1, LINO LAKES MARKET PLACE 2ND ADDITION, according to the recorded plot thereof, Anoka County, Minnesota. Has caused the some to be surveyed and plotted as LINO LAKES MARKET PLACE 3RD ADDITION and does hereby donate and dedicate to the public for public use forever the easements for drainage and utility purposes only, as shown on the plat. In witness whereof said Ryan Componies US, Inc., a Minnesota corporation, hos caused these presents to be signed by its proper officer this day of 20_. SIGNED: RYAN COMPANIES US, INC. By as STATE OF MINNESOTA COUNTY OF The foregoing instrument was acknowledged before me this day of 20, by as of Ryan Companies US, Inc. a Minnesota corporation, on behalf of the corporation. Notary Signature Notary Printed Nome Notory Public. County, Minnesota My Commission Expires / hereby certify that this plot of UNO LAKES MARKET PLACE 3RD ADDITION is o correct representation of the boundary survey, that all mathematical data and labels are correctly designated on the plot; that all monuments depicted an the plat have been or will be correctly set within one year as indicated on the plat,; that all water boundaries and wet lands as of the date of the surveyor's certification are shown and labeled on the plot; that all public woys are shown and labeled on the plat. I further certify that this plot was prepored by me or under my direct supervision and that I am o duly licensed land surveyor under the laws of the State of Minnesota. Nathan H. Carlson, Land Surveyor Minnesota License No. 45873 STATE OF MINNESOTA COUNTY OF The foregoing instrument was °know/edged before me this day of by Nathan H. Carlson, Land Surveyor, Minnesota License No. 45873. Notary Signoture Notory Printed Nome Notory Public, County, Minnesota My Commission Expires LINO LAKES MINNESOTA This plot of LINO LAKES MARKET PLACE 3RD ADDITION was approved and accepted by the City Council of the City of Lino Lakes, Minnesota at a regular meeting thereof held this day of 20_ If applicable, the written comments and recommendations of the Commissioner of Transportation and the County Highway Engineer have been received by the City or the prescribed 30 day period has elapsed without receipt of such comments and recommendations, as provided by Minnesota Statutes, Section 505.03, Subdivision 2. LINO LAKES, MINNESOTA By Mayor By Clerk ANOKA COUNTY SURVEYOR This plat has been checked and approved this day of 20 By Anoka County Surveyor ANOKA COUNTY AUDITOR /TREASURER No delinquent taxes and transfer entered this day of 20 I hereby certify that taxes in year on land herein described are paid, this day of 20 Signed Signed Anoka County Auditor Anoka County Treasurer ANOKA COUNTY RECORDER Document Number I hereby certify that this instrument was filed in the office of the Anoka County Recorder for record on this day of 20 of o'clock_ M. Signed: Anoka County Recorder Westwood Professional Services, Inc