HomeMy WebLinkAbout12/08/2010 P&Z Packet110 CITY OF LINO LAKES
PLANNING & ZONING BOARD MEETING
Wednesday, December 8, 2010
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: November 10, 2010
IV. OPEN MIKE
V. ACTION ITEMS
IIIA. PUBLIC HEARING to consider a Conditional Use Permit to allow a Veterinary
Hospital to be located at 6511 Ware Road, #140 — Paul Bengtson
B. PUBLIC HEARING to consider Amending the Planned Unit Development (PUD)
for Century Farm North: amend the Development Stage Plan/Preliminary Plat
and amend the Final Plan/Final Plat for the 4th Addition, and vacate drainage and
utility easements — Jeff Smyser
C. PUBLIC HEARING to consider Amending the Zoning Ordinance to modify the
requirements for Outdoor Sales Lots — Paul Bengtson
D. PUBLIC HEARING to consider Amending the Zoning Ordinance to modify the
requirements for Home Occupations — Paul Bengtson
VI. DISCUSSION ITEMS
A. None
VII. ADJOURN
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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.
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CITY OF LINO LAKES
PLANNING & ZONING BOARD MINUTES
DATE
TIME STARTED
TIME ENDED
MEMBERS PRESENT
MEMBERS ABSENT
STAFF PRESENT
November 10, 2010
6:31 P.M.
7:14 P.M.
Neil Evenson Michael Hyden, Perry Laden,
Robert Nelson, Michael Root, Paul Tralle (Chair)
Brian Pogalz (Vice Chair)
Jeff Smyser Paul Bengtson, Jim Studenski
I. CALL TO ORDER AND ROLL CALL:
Chair Tralle called the Lino Lakes Planning and Zoning Board meeting to order at 6:31
p.m. on November 10, 2010.
II. APROVAL OF AGENDA
The Agenda was approved as amended. Mr. Nelson arrived at 6:31 p.m.
III. APPROVAL OF MINUTES
October 13, 2010
Mr. Hyden made a MOTION to approve the October 13, 2010 Minutes. Motion was
supported by Mr. Laden. Motion carried 5 - 0.
IV. OPEN MIKE
Chair Tralle declared Open Mike at 6:32 p.m.
There was no one present for Open Mike.
Mr. Hyden made a MOTION to close Open Mike at 6:33 p.m. Motion was supported by
Mr. Nelson. Motion carried 5- 0.
DRAFT MINUTES
Planning & Zoning Board
November 10, 2010
Page 2
V. ACTION ITEMS
A. CONTINUED PUBLIC HEARING to consider amending the Zoning
Ordinance to add requirements for Temporary Outdoor Sales Lots, Farmer's
Markets, and Community Gardens
Chair Tralle declared the Public Hearing open at 6:34 p.m.
Associate Planner, Paul Bengtson, presented the staff report. Staff recommended
approval of the zoning ordinance amendments.
Staff clarified the intent of a license versus a permit. Staff stated that the requirements of
a license would be more specific, and would include review by the City Clerk and a
background check of the applicant. A permit would allow something without a fee, but
may have some basic requirements.
Mr. Laden made a MOTION to Close the Public Hearing at 6 :45 p.m. Motion was
supported by Mr. Hyden. Motion carried 5 -0.
Mr. Nelson made a MOTION to recommend approval of the zoning amendments
regarding temporary outdoor sales lots, farmer's markets and community gardens.
Motion was supported by Mr. Hyden. Motion carried 5 - 0.
Tralle called a recess at 6:46 p.m. for administrative purposes.
Chair Tralle reconvened the meeting at 6:48 p.m.
VI. DISCUSSION ITEMS
Recreational Facilities in Residential and Rural Districts
Mr. Smyser stated that the city has received complaints by residents regarding the riding
of motorcycles on a man -made dirt track on a property located in the R -1, Single Family
Residential, zoning district.
Staff discussed the issue with the city attorney. The city's view is that an off -road
racing /riding course is not comparable to other allowable uses in a residential zone.
Staff is seeking the opinion of the P &Z Board before discussion with the City Council.
Staff asked for direction on whether the board feels that this should be an allowable use
in the Residential or the Rural zones.
Following discussion, P &Z Board Members were of the opinion that the issue at hand is
not a land use issue, but a noise nuisance issue that should be addressed.
DRAFT MINUTES
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Planning & Zoning Board
November 10, 2010
Page 3
VII. ADJOURNMENT
Mr. Laden made a MOTION to adjourn the meeting at 7:14 p.m. Motion was supported
by Mr. Hyden. Motion carried 5 - 0.
Respectfully submitted,
Dawn Bugge
Community Development Assistant
DRAFT MINUTES
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AGENDA ITEM V.A.
STAFF ORIGINATOR: Paul Bengtson
P & Z MEETING DATE: December 8, 2010
TOPIC: PUBLIC HEARING: Conditional Use Permit
Veterinary Hospital at 6511 Ware Road Suite 140
BACKGROUND
Brian Hansen has requested a Conditional Use Permit to operate a veterinary
hospital at 6511 Ware Road Suite 140. Rice Creek Animal Hospital will occupy
an approximately 1,400 square foot tenant space within the Spirit Hills shopping
center. The site is zoned General Business and guided by the Comprehensive
Plan for Commercial development. A veterinary hospital is listed as a conditional
use within the General Business zoning district.
CONDITIONAL USE PERMIT REQUIREMENTS
The following requirements are listed within the GB (General Business) district in
regards to obtaining a Conditional Use Permit and operating a veterinary
hospital:
14. Veterinary Hospitals provided that:
a. All areas in which animals are confined are located indoors and are
properly soundproofed from adjacent properties.
The applicant has submitted a soundproofing plan that will be
enforced by the building department and monitored for
success.
b. Animal carcasses are properly disposed of in a manner not utilizing
on -site garbage facilities or incineration and the carcasses are
properly refrigerated during periods prior to disposal.
The applicant has submitted a disposal plan that will include
temporary holding in a freezer and pick up twice a week by a
reputable animal cremation service.
c. An indoor animal kennel is permitted as a use accessory to the
veterinary hospital provided that:
1) The number of animals boarded shall not exceed twenty (20).
2) An indoor exercise area shall be provided to accommodate
the periodic exercising of animals boarded at the kennel. No
outdoor exercising of animals shall be permitted.
3) A ventilation system shall be designed so that no odors or
organisms will spread between wards or to the outside air
and will be capable of completely exchanging internal air at a
rate of at least twice per hour. Air temperature must be
maintained between 60 and 75 degrees Fahrenheit.
4) A room separate from the kennel area shall be provided of
sufficient size to adequately separate animals that are sick
or injured from healthy animals.
5) Indoor animal kennel floors and walls shall be made of
nonporous materials or sealed concrete to make it non-
porous.
6) Animal wastes shall be flushed down an existing sanitary
sewer system or enclosed in a container of sufficient
construction to eliminate odors and organisms and shall be
properly disposed of at least once a day.
The applicant has indicated that they do not intend to kennel
animals except those animals that are held temporarily while
waiting service or recovering from service. Therefore the rest
of these items under letter `c' do not apply. Should the
applicant choose to pursue this use in the future, an
amendment of the Conditional Use Permit would be required.
d. The appropriate license is obtained from the City and the conditions
of Chapter 503 relating to the keeping of animals are satisfactorily
met.
No license is required for veterinary hospitals, just those that
operate kennels as well; therefore no license will be issued in
this case. The conditions of Chapter 503 will still apply and
any complaints will be handled by the animal control authority
of the city, the Police Department.
e. All State Health Department and Minnesota Pollution Control
Agency requirements for such facilities are met.
The business will be required to obtain all applicable permits
and licenses from the county and state and will be monitored
by those agencies. Any report of failure to comply will be
grounds for reconsideration of this Conditional Use Permit.
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PARKING
The Spirit Hills shopping center was developed with 133 parking spaces, and
though some tenants have experienced a `perceived' parking problem on the
site. The lease spaces that are still vacant in the center leave enough parking for
the existing uses as well as the proposed use. The shared parking analysis is as
follows:
Building
Suite
Tenant
Land Use
Gross
Floor
Area
Net Floor
Area
Single Use Peak Hour
Demand
Spaces
Required
6501
300
Spirit Hills Liquor
General Retail
3,038
1,978
1/200
10
6501
340
Vacant
General Retail
805
519
1/200
3
6501
360
Quik Stop
Motor Fuel Station
3,274
1,982
4 + 2 employees
16
6505
200
CuppaJo's
Restaurant
1,878
995 dining
10/1000 dining + 3 empl.
13
6505
230
Bank of the West
Financial Institution
4,580
3,819
4/1,000
16
6511
100
Cronies
Restaurant
3,200
1800 (dining)
1/100 dining + 10 empl.
28
6511
120
Vacant
General Retail
1,762
1,590
1/200
8
6511
140
Rice Creek Vet
Animal Hosptial
1519
470
1/200 + 3 spaces
6
6511
160
Pro. Karate
Marital Arts Studio
1519
1259
1/200
8
6511
180
Snap Fitness
Health Club
1,762
41 machines
1/2 stations + 1 empl.
22
6511
190
Allure Salon
General Retail
2,229
2,033
1/200
16
Total
16
15
13
5
8
14
140
Building
Suite
Tenant
Spaces
Required
(no shared)
Weekdays
Weekends
10
AM
1
PM
5
PM
8
PM
10
PM
10
AM
1
PM
5
PM
8
PM
10
PM
6501
300
Spirit Hills Liquor
10
7
10
10
8
3
5
9
9
7
4
6501
340
Vacant
3
2
3
3
2
1
2
3
3
2
1
6501
360
Quik Stop
16
10
16
15
13
5
8
14
14
10
6
6505
200
CuppaJo's
13
11
12
10
10
7
9
9
6
7
3
6505
230
Bank of the West
16
16
8
16
2
2
16
2
2
2
2
6511
100
Cronies
28
24
25
21
22
15
20
19
13
15
6
6511
120
Vacant
8
5
8
8
6
2
4
7
7
5
3
6511
140
Rice Creek Vet
6
6
6
6
6
6
6
6
6
6
6
6511
160
Pro. Karate
8
8
8
8
8
8
8
8
8
8
8
6511
180
Snap Fitness
22
15
15
20
18
8
8
7
22
7
2
6511
190
Allure Salon
10
7
10
0
8
3
5
9
9
7
4
Total
111
121
125 ,
104
60
91
92
100
74
42
The standard parking analysis includes 11 spaces reserved for vacant suites,
meaning that the actual requirement is 129 spaces, which is below the provided
133 spaces. Additionally, the shared parking analysis shows that the peak
demand for the center is during weekday afternoons (5pm), with a peak of 125
spaces required. There is no shortage of parking on the site according to the
ordinance.
RECOMMENDATION
Staff is recommending approval of the Conditional Use Permit for a veterinary
hospital at 6511 Ware Road Suite 140.
ATTACHMENTS
1. Floor Plan submitted November 12, 2010
2. Application Addendum submitted November 12, 2010
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ERN 11111111111I 111111111111111111
17a3 LAFOND AVENUE, SAINT PAUL,MN 55104.-
• PHONE/FAX .(651)644-4386§-
LEASE SPACE REMO
SUITE 40, 65u WARE ROAD, LINO LAKES
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RECEIVED
NOV 1 2 2010
CilY OF LINO LAKES
r"P" • I etill
C4'16=--11 141.a,
ry 1i
Summary of Square Footage by Use or Activity
For Proposed:
Rice Creel( Animal hospital
6511 Ware Rd Suite 140
Lino Lakes, MN
Reception (282sq ft): This area will serve as a space to greet clients, weigh patients, and
create a comfortable waiting space for families to wait for their appointment.
Exam rooms (Room 1= 80 sq ft, Room 2= 64 sq ft): This space will be dedicated to
examining patients and consulting with clients during their appointments.
Storage (100sq ft): This room will be a place to store a variety of pet foods and overflow
stock items (syringes, fluids, etc).
Surgery (110sq ft): Routine sterilization, soft tissue, and orthopedic surgeries will be
performed in the surgical suite with anesthetic administration and monitoring.
Radiology (57sq ft): Computed radiology will be used in this space to reduce radiology
exposure for both patients and staff as well as provide for higher radiographic quality.
Office (48sq ft): This is simply a dedicated work space to house veterinary literature,
complete records, make client calls, and privately conduct staff reviews.
Treatment area (300sq ft): The treatment area is designed as a multitasking work
space. This is where the bulk of the hospital activities will take place including
laboratory analysis, pharmacy access, surgical preparation, dental procedures, blood
draws, examinations, etc.
Kennels (60sq ft): Surgical patients and /or patients requiring medical
treatments /supervision will have individual accommodations within the kennel space.
The walls and ceiling surrounding this room will be treated with soundproofing material
to minimize neighboring sound pollution.
Restroom (60sq ft): Bathroom facilities with toilet and sink.
Back Door Space (51sq ft): This area will house a stackable washer /dryer combo, large
oxygen tanks, and a chest freezer for easy back door access for deliveries and deceased
animal pick up.
The remainder of the space consists of the area occupied by hallways and walls.
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11 November 2010
Land Use Application Addendum
Rice Creek Animal Hospital
Proposed address:
6511 Ware Road #140
Lino Lakes, MN
RECEIVED
NOV 122010
CITY OF UNO LAKES
Please consider the plan below as the requested addendwn for the Lino Lakes Land Use
Application:
Plan for Meeting the Conditions for Conditional Use Permit for Rice Creek Animal
Hospital
Section 11, Number 14a. All areas in which animals are confined are located indoors
and are properly soundproofed from adjacent properties.
Response: We will not be boarding animals at the veterinary hospital. The only animals
that will be housed there will be either sick patients or patients awaiting /recovering from
surgery. The area where the pets will be confined is marked on the second draft of the
preliminary plan towards the rear right. Soundproofing this room would include an
additional layer of 5/8" drywall with Green Glue Noise Proofing Compound sandwiched
between the two. This product applied in the above manner reduces up to 90% of noise
penetration ( http : / /www.greengluecompany.com). For the ceiling, 2" sound absorbing
foam panels above the existing drop down ceiling will also help reduce any noise
pollution by 80 %. Additionally, we will hang batt insulation from the deck to the top
of each wall to further reduce noise transfer. For the door, a large door sweep will be
used and the space between the door and the frame will be insulated to reduce noise
penetration.
Section 11, Number 14b. Animal carcasses are properly disposed of in a manner not
utilizing on -site garbage facilities or incineration and the carcasses are properly
refrigerated during periods prior to disposal.
Response: All deceased pets will be temporarily held in a chest freezer and picked up
twice weekly by Veterinary Hospital Association for cremation.
Please do not hesitate to contact me with any additional questions or concerns.
Respectfully,
Brian Hansen, DVM
Cell: 612 -315 -5690
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AGENDA ITEM V B
STAFF ORIGINATOR: Jeff Smyser
P & Z MEETING DATE: December 8, 2010
TOPIC:
BACKGROUND
PUBLIC HEARING
• Amending the Planned Unit Development (PUD),
Century Farm North: Amending the Development
Stage Plan/Preliminary Plat,
and
• New Final Plan/Final Plat for 5th Addition
The Century Farm North residential development is a planned unit development (PDO) in
northwest Lino Lakes that the City approved in 2003. It includes a mix of housing styles:
typical single family lots; single family airpark lot with hangars; detached townhomes
(individual house lots located within a commonly owned yard lot); and attached
townhomes.
The preliminary plat for the overall project was approved in 2003. Four final plats have
been approved, each including a phase of the overall project. Most of the development
has been final platted, but the last phase has not. The last phase is still owned by the
developer: Century Farm North Development. Many of the detached townhomes have
not yet been constructed in the 4th Addition, the phase that was most recently fmal
platted. They are owned by a builder: Sharper Homes. Sharper and Century Farms
North Development want to amend the remaining part of preliminary plat as well as
several unbuilt lots that have been final platted. They want to convert detached
townhome lots to individual single family home lots. This is a response to changing
market conditions.
This proposal will require an amendment to the preliminary plat, which included the
entire Century Farm North development. The application also includes a new final plat
that would include four lots already final platted as well as one of the lots in the amended
preliminary plat. A PUD is a special zoning district, so amending a PUD is technically a
zoning amendment. The zoning amendment is defined by the new Development Stage
Plan/Preliminary Plat. The public hearing is for this aspect of the application. A fmal
plat must be reviewed by the P & Z but does not need a public hearing.
This proposal does not add any dwelling units to the number that was originally approved
in 2003. Nor does it change the area of land for each dwelling unit.
Century Farm North 5th Addition
page 2
The new final plat will include the dedication of the remaining portion of the park and
open space land for the overall neighborhood.
An existing drainage and utility easement will need to be vacated by the City Council.
The P & Z is not required to make a recommendation on easement vacations.
ANALYSIS
Land Use, Density, Zoning
The 2002 Comprehensive Plan is still in effect until the new 2030 plan is adopted by the
City Council. The table below identifies the existing land uses, guided land uses and
zoning. The guided land use will not change with the 2030 plan.
Location
Existing Land Use
Guided Land Use
Existing Zoning
Site
partially platted, unbuilt
Medium Density Resid.
PUD (mixed resid.)
North
sod farm
Rural
Rural
South
single family resid.
Medium Density Resid.
PUD (mixed resid.)
East
multi- family resid.
Medium Density Resid.
PUD (mixed resid.)
West
rural residential
Medium Density Resid.,
Rural, City of Blaine
PUD (mixed resid.),
Rural
The following is a summary of the of the acreages of proposal:
Previous 4th Addn. units (Block 2) 0.79 acres
Previous 4th Addn. Outlot A 10.81 acres
Previous 4th Addn. Outlot B 5.53 acres
Gross Site Area for amendments 17.13 acres
Outlot B will become dedicated parkland
Total Units in amendment area
(no change from 2003 approval) 26
The Medium Density land use category allows for 3 -6 units per acre. The complete
Century Farm North project approved in 2003 includes a total of 249 dwelling units upon
64 net acres of land, resulting in a net density of 3.89 units per acre. The units are not
evenly distributed across the site: there are 123 single detached units and 126 units in
multiple -unit structures. The proposed amendments to the PUD will not change the
number of dwelling units in the amendment area (26), so the proposal is consistent with
the land use approved in 2003.
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Century Farm North 5th Addition
page 3
The site was rezoned Planned Unit Development (PUD) with the approval of the Century
Farm North project in 2003. The zoning will not change.
Growth Management Policy: The 2002 Comprehensive Plan includes the site in a
Stage 1 growth area, where utilities could be extended prior to year 2010. The City's
growth management policy (Ordinance 01 -03) implements growth policies of the 2002
Comprehensive Plan. The Plan also includes a "MUSA reserve ". The Metropolitan
Urban Service Area (MUSA) is the area within which sanitary sewer service can be
provided. The policy establishes annual limits on the allocation of MUSA reserve and
the number of new units that can be platted. When Century Farm North was approved,
an allocation of MUSA reserve acres was approved.
The 2003 approval included a staging plan. The total of 249 units were broken down into
an annual number of units that could be fmal platted in years 2003 -2007. Since we now
are beyond year 2007, the remaining units can be final platted at any time. No additional
units would be added with the current proposal.
Development Stage Plan/Preliminary Plat Amendment
The Century Farm North preliminary plat, approved in 2003, includes the entire
development of 249 units, roads, parkland, etc. Each final plat has included a portion of
the larger development and has complied with the staging plan. The 4th Addition was the
last fmal plat to be approved.
Block 2 of the 4th Addn. included 42 dwelling units. Some were in multi - family
townhome structures, others were individual detached townhomes. A detached
townhome is a single family home located on its own parcel, but that parcel includes only
the structure and its immediate surrounding land (sidewalk, patio). It does not include the
larger lawn area. The surrounding lawn is owned in common by an association
consisting of numerous townhome owners. The association maintains the common lot.
The current proposal area includes Block 2 of the 4th Addn. Block 2 has four detached
townhome lots (Lots 1 -4) and a common lot around them (Lot 5).
The proposal area also includes Outlot A of the 4th Addn. The 2003 preliminary plat
includes 22 more detached townhome lots to be created in the area covered by Outlot A.
The proposal is to change a number of the detached townhome lots into standard single
family lots: there would be no common lot and the house owners would own their yards.
New Preliminary Plat: The proposal is to amend the original Century Farm North
preliminary plat. The amendment would include the land in Block 2 of the 4th Addn.
final plat —the 4 detached townhome lots and common lot —as well as 12 units and
common lots in the larger development area to the west, which has not yet been final
Century Farm North 5th Addition
page 4
platted. These 16 lots would become Blocks 1, 2, and 3 of a new preliminary plat for the
5th Addition. The 5th Addition also would include a park dedication parcel and new
Outlots A and B (of the 5th Addn.). Outlot A is intended for a stormwater pond, which
has already been constructed. Outlot B will be the area where eventually, more detached
dwelling units are planned. (The new preliminary plat shows detached townhomes, as
originally planned in 2003. It is possible these could change in the future, but this would
require a new approval action by the City.)
There are several elements of the submitted preliminary plat that merit discussion.
• Setbacks: No additional units are being added. However, setbacks must be
considered. When the individual unit lots were to be located within a common lot,
the distances of interest were between the structures themselves. Now that the
property lines are to be redrawn, lot line setbacks become the ruling element. The
City's subdivision requirements mandate that setbacks are shown on the preliminary
plat (§1001.041(5)(i)). The setbacks are shown on the preliminary plat but the
dimensions are not shown due to the scale of the drawing. The setbacks should be
defined and included on the preliminary plat.
Robinson Drive is a collector street so the front building setback is 40 feet from front
property line. Other building setbacks are 30 feet from the rear lot line and 10' from
the sides. Proposed Lots 1 -4, Block 1, of the 5th Addn. are 62 feet wide. This is
narrower than the standard 80 feet for single family lots. With 10 ft. setbacks on
each side, there is a 42 ft. wide buildable area. Buildings must fit within the setbacks.
• Watershed District Permit Status: The Rice Creek Watershed District (RCWD)
issued a permit for Century Farm North as part of the original project approval.
However, the status of RCWD permit must be determined. The permit conditions
may include a time frame and the RCWD approved new rules since the original
approval. The City must know the status of the permit: the permit must be current or
pending before the City can approve a preliminary plat.
Final Plat, Century Farm North 5th Addition
The final plat is the document that is recorded, thereby actually creating the parcels that
are designed by the preliminary plat. The proposed new final plat would create Lots 1 -5,
Block 1. It also would create the park parcel and two outlots.
There are several elements of the submitted final plat that must be addressed:
• Easements: The City's subdivision requirements mandate that lot line drainage and
utility easements are required and must be shown on the final plat (§1001.101). The
submitted final plat does not include the easements. A 10' easement is required on
the front along the street. A 10' easement is required on the sides, but it can be
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Century Farm North 5th Addition
page 5
centered on the property line, resulting in 5' on each side of the lot line. A 10'
easement is required on the back because the abutting property is not developed. Lot
line easements must be shown on a revised final plat that is submitted prior to
consideration by the city council.
An existing drainage and utility easement covers all of existing Lot 5, Block 2 of the
4th Addition. This will need to be vacated by the City Council. This action has been
scheduled. The P & Z is not required to make a recommendation on such actions.
• Park Dedication: The Park parcel is to be dedicated to the City. A final plat includes
a dedication paragraph. The dedication paragraph on the submitted final plat does not
include the Park parcel. This must be added on a revised final plat that is submitted
before consideration by the city council.
• Watershed District Permit Status: The Rice Creek Watershed District (RCWD)
permit must be current before the City can approve a final plat.
• Title Review: A title commitment has been submitted and is being reviewed by the
city attorney. The city attorney approval is needed before consideration of the final
plat by the city council.
• Pond Parcel in 3rd Addition: To the east of Block 2, 4th Addition, there is a
stormwater pond that is in Outlot B of the 3rd Addition. This pond parcel should be
dedicated to the City. A deed for this parcel should be submitted.
CONDITIONS OF APPROVAL
The following conditions should be attached to the P & Z recommendation for the
preliminary plat:
1. The setbacks must be included on a revised preliminary plat that is submitted for
review prior to consideration of the preliminary plat by the City Council. The
setbacks can be illustrated with a detail on the preliminary plat.
2. Documentation of the status of the Rice Creek Watershed Permit must be
submitted for review prior to consideration of the preliminary plat by the City
Council
The following conditions should be attached to the P & Z recommendation for the final
plat:
1. The preliminary plat of Century Farm North 5th Addition must be approved prior
to consideration of the final plat by the City Council.
Century Farm North 5th Addition
page 6
2. The dedication paragraph on the final plat must include the Park parcel. This
must be added on a revised final plat that is submitted for review prior to
consideration of the final plat by the City Council.
3. Lot line easements must be shown on a revised final plat that is submitted for
review prior to consideration of the final plat by the City Council.
4. The city attorney approval of the title commitment is needed prior to
consideration of the final plat by the City Council.
5. The City must have documentation that the Rice Creek Watershed District
(RCWD) permit is current. Such documentation must be submitted for review
prior to consideration of the final plat by the City Council.
6. Outlot B of the 31-d Addition must be dedicated to the City. A deed for this parcel
shall be submitted and found acceptable prior to consideration of the final plat by
the City Council.
OPTIONS
1. Recommend approval of the Development Stage Plan/Preliminary Plat for Century
Farm North 5ttlAddition with the conditions listed in this report.
2. Recommend approval of the Final Plan/Final Plat for Century Farm North 5th
Addition with the conditions listed in this report.
3. Recommend denial of the applications.
4. Continue the public hearing and return to staff with direction.
RECOMMENDATION
Options 1 and 2
This report is based on the following documents:
• Certificate of Survey, 10- 11 -10, received November 3, 2010
• Resource Inventory, 11- 02 -10, received November 3, 2010
• Preliminary Plat Amendment, 11- 02 -10, received November 3, 2010
• Proposed PUD Amendment, 11- 02 -10, received November 3, 2010
• Proposed Utility Plan, Utility Plan, 11- 02 -10, received November 3, 2010
•
•
•
•
•
•
Century Farm North 5th Addition
page 7
• Proposed Grading & Erosion Control Plan, 11- 02 -10, received November 3, 2010
• Century Farm North 5th Addition Final Plat, received November 4, 2010
• Project Narrative, October 18, 2010, received November 3, 2010
• Sharper Homes floor plans, "The Lily" and "The Dahlia ", rec'd November 3, 2010
• Legal Descriptions, Proposed Century Farm North 5th Addition, rec'd Nov. 4, 2010
• Title Commitment from Stewart Title Guaranty Company, effective date September
24, 2010, received November 8, 2010
• Consent to Plat, Contractors Capital Corporation, November 2, 2010, rec'd Nov. 8,
2010
• Warranty Deed, October 19, 2010, doc. no. 2018535.001, received Nov. 9, 2010.
•
•
•
EXISTING DETACHED TOWNHOME LOTS
(FINAL PLAT DETAIL, 4th ADDITION)
N87 °36 'I 9"L'r
245.37
S87`3610
51.50
N
1 GS
8
42.97
1
Ye , N5r35'19'E b;,
i N n 51 -50
z ?�
5r-36'19•E
Century Farm North 5th Addition
page 8
1596.91
Nar3619'E
51.50
3.1t£Z,ZOS
0
3
0
rvIr
u
S87°30'1911
51.50
S87136'19'W -
51'50 �A■ 4"'
5
9
N8716'19`E
51.50
¢7:
241.08
PROPOSED CHANGE TO SINGLE FAMILY DETACHED LOTS
(PRELIMINARY PLAT, 5th ADDITION)
TKDA
ENGINEERING 'ARCHITECTURE PLANNING
Th right firm. The rht peop, The right company
MEMORANDIJM
444 Cedar Street, Suite t 500
Saint Paul. MN 55101
{551) 292-4400
051} 202-0M83 Fax
vrectlida.arn
To: Jeff Smyser, City Planner Reference: Century Farms 5th Review
Copies TO: City of Lino Lakes, Minnesota
Proj. No.: 14547.000
From: James E. Studenski, P.E. Routing:
Date: December 1, 2010
The following site review is based on these submittals:
1. Proposed PUD and Preliminary Plat Amendment, Century Farms North 5th Addition plan set, 7 pages
dated November 2, 2010.
Century Farms North 5th Preliminary Plat, received November 4, 2010.
Plat Comments:
1. The existing utility and drainage easements must be vacated.
New drainage and utility easements must be shown on the plat.
Street and Park Comments:
1. Additional Robinson Drive right of way is shown as required.
2. All park area south of Robinson Drive is shown as dedication to the City.
Sanitary Sewer and Waterrnain Comments.:
1. All sanitary sewer and water services were installed during the previous phase.
Street, Storm Sewer and Drainage Comments:
1. All street and storm sewer improvements were installed during the previous phase.
2. All grading and house elevations are the same as the previous phase design.
Storm Water Management Comments:
1. The RCWD existing Permit No. 02-129 must be reviewed to determine if Phase 5 can continue with it or
if a new permit is required.
An Employee Owned C:ornpany Prompting Alfirmalwe Arbon and Equal Opportunity
•
•
•
PROPOSED PUD & PRELIMINARY PLAT AMENDMENT
CENTURY F NORTH 5111 ID ITION
LINO LAKES, MINNESOTA
WORTH.
NTS
COAT} Wt..
PROI
1 flt, ar1
Pi
ECT LOCATION
INDEX OF DRAWINGS
SH. 1
SH.
SH. 4
ra. s
SIL 7
SIL
SH.
SE. 10
SR. 11
S1112
SH. 13
LI
L2
OWNERS:
COVER. SHEET
CERTIFICATE OF SURVEY
RESOURCE INVENTORY
PRELIMINARY PLAT AMENDMENT
PROPOSED AID AMENDMENT
PROPOSED UTILITY PLAN
PROPOSED GRADING PLAN
CENTURY FARit NORTH DEVELOPMENT. INC_
3157 BERWICK KNOLL
BROOKLYN PARK, MN 55443
PKONE: n3-424-5559
SKARPER Homes, INC
9240 BALTIMORE STREET NE
BLAINE, MN 55444
PHONE: 763-753-1000
ENGINEER & SURVEYOR:
).• 0
- -
rt. CD
d6' 3
3
M ENCIICERING & SURVEYING ASSOCIATES, LLC
1440 ARCADE STREET
Si. PAUL. MN 55106
PROSE: 651- 766- 0112
Engloot-: Jatr C. Jo13noon Meg No 11545
Surveyor:. lhereeo K. rof:tor Req No 47223
RECEIVED
KV 0 3 2010
CITY OF LINO LAKES
!MN511.10■11
'4 11-02-14
MCLT f
31efirs
15116.8
oFro5=r T-7315
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DESCRIPTION:
LOTS 1 1HROUDH 5, BLOCK 2. AND
MIMS A AND D.
CENTURY FARM NORTH 4TH ADDITION
ANOKA COUNTY, MINNESOTA
SUBJECT TO EASEMENIS OF RECORD,
AREA:
746,174 SO. FT OR 17.130 ACM
FILE
A
RECSVED
r y NOV 0 3 2010
CRY OF LINO IA16
CERTIFICATE OF SURVEY
t1
2=1 I
2
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CENTURY FARM NORTH 5TH ADDITION
rar !WV
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OUR ADD
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7
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.....■■■••■•••■
DESCRIPTION:
LOTS 1 'THROUGH 5, BLOCK 2. AND
CAJTLOTS A AND 6.
CENTURY FARM NORTH 4.01 ADDITION
ANOKA COUNTY, MINNESOTA
SUELECT ID EASEMENTS OF RECORD.
CENTURY
/
It
FARM
T NE. 19ISEETTc
...>•*-DEETANG PETNERIAE EAtIVETIT PER El
so%
$24.24 NO"'
N
2
z
PRELIMINARY P
,44
EXISTING COMPREHENSIVE PLAN DESJGNA TION:
"
MEDIUM DENSITY
EXISTING ZONING:
PLANNED UNIT DEVELOPMENT (PUD)
EXISTING SETBACKS:
FRONT: 3D FET
REAR: 30 r
StDE: 10
TOTAL AREA:
746174 SD. FT. OR 1,7130 ?CS
FILE CO
RECEIVED
NOV 0 3 2010
OW OF LINO LAKES
OWE
,...■•■■••• AM*
iz
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1,0010,10EVIN "WM k 11111111.10110 '11",116'
t
RECEIVED
NOV 03 2010
CITY OF LINO LAKES
ZCwlE - ICC
PY
REVISED PHASING
NUMBER OF LOTS
MIME
PhaselMcithoa FAMILY
AIR PARK
DETACHED
SINGLE FAMILY
TDWNHOME
TOTAL NO.
UNITS
CENTU RY FARMS NORTH lst Addition 30
9
16
55
CENTURY FARMS NORTH 2nd Malian 1
22
42
CENTURY FARMS NORTH 3rd Add' -
CENTURY FARMS NORTH 4th Mthhon
1
38
39
CENTURY FARMS NORTH 5th - on 5
5
cENTURYFARMSNOR1H6thAddhan 1 11
11
CENTURY FARMS NORTH ith Add- on
10
10
CENTURY FARMS NORTH lith Addition
12
TALNLOTS 47
18
58
120
249
0
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w
g
0
War
•
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tMr7e'oes
299.89
CENTURY FARM NORTH 5TH ADDITION
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-- f4FNCTEB itrh.Ato UVd4AARy AYE
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ENGDEIRD AND OTHER WATER ►4ANAGEKN7 AGENCIES HAVE CATEGORIZED VARIOUS
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MINNESOTA STATUTES APO MAY NOT F$ Sh40NT4 tzE'71EOft OEYELOiMF32JT or LANDS
cofitAtNING SAID W1TLANDS 41AT BE SUBJECT TO $PEI A'_ C0lES1TONS OR LIMITATIONS,
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ALSO 1 i+ 1$1 ar Mandl i COMM maw MOW 611 J4616t0
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FOR THE P Jft?O3ES Cr THIS PLA', T'aIE
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NORTH .RD rIO,T" rnot4 IS ASSUMED TO MAR
NMRT1s 87' 38' 75' EAST.
GRAPHIC SCA1,F
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6, O
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doe 5a14p 7 broom c Nmnefole Coadralled. let bow of ao* 101000.4 dnaefbb poo2E5e
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dta4mtm Fa tho 58212 44' P*01 ode brows me ewe and tem aaa ma% rob Wad. on Erb 517 75' Mahood an0 aktify
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rant bra eab4la boundary Urn ao aataaay aoakna7,4 a oak plot and 1166 (bore an rar n7 108110 10 fielded b Y5
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C1TY OF LINO LAKES
COUNTY OF ANOKA
SECTION 7, T31, R22
FILE COPY
i ■ECElf
NOV 0 4 2010
AA
OF LINO LAKES
•
•
STAFF ORIGINATOR:
P & Z MEETING DATE:
TOPIC:
BACKGROUND
AGENDA ITEM V.C.
Paul Bengtson
December 8, 2010
PUBLIC HEARING: Zoning Ordinance Amendment
Amending the Zoning Ordinance requirements
Outdoor Sales Lots (not outdoor storage)
During the deliberation of how the city should handle farmer's markets, flea
markets, transient merchants, and the like; staff identified an issue with the
language used by the ordinance for Outdoor Sales Lots. It could easily be
confused with these more temporary uses, and clarification is appropriate.
As such, staff is forwarding the following draft language to clarify that this use is
meant to cover motor vehicle sales.
MOTOR VEHICLE SALES — PARKING REQUIREMENTS
Staff recommends a change to the parking calculations, eliminating open sales
lot, renaming the auto sales lot, and correcting a minor error in the requirement
itself. The board could certainly entertain a change to the parking calculations as
well. Staff kept the current language to keep an even enforcement of the
requirements and to allow coverage of the parking issue based on both the size
of the building and the lot itself.
Amend Section 3.Suvdivision 5.F.24 as follows
24. Auto, Boat, Trailer, Farm Equipmcnt Motor Vehicle Sales Lot. Four
(4) spaces per one thousand (1,000) square feet gross sales and
office floor area an-GI of the building plus one (1) space per each two
thousand (2,000) square feet of gross land area.
Amend Section 3.Subdivsion 5.F.26 as follows:
26. Open Sales Lot. Ten (10) spaccs or one (1) per two thousand
111
larger.
MOTOR VEHICLE SALES - DEFINTIONS
Staff recommends replacing the existing open sales lot definition.
Amend Section 1.Subdivision 2 as follows:
Motor Vehicle Sales Lot. The use of any building, land area, or other
premises or portion thereof, for the display, sale, or lease of new
automobiles, trucks, vans, trailers, or recreational vehicles.
buying, selling, and /or renting merchandise and for thc storing of thc same
prior to sale.
MOTOR VEHICLE SALES — CONDITIONAL USE PERMIT REQUIREMENTS
Outdoor Sales Lots are only allowed in the General Business district, and then
only by Conditional Use Permit. Staff has proposed to refer to the parking
standards from section 3 to clarify that the spaces required by section 3 are for
customers and employees, not for sales display. Also, to slightly amend the
sales display area requirement to clarify that the 380 square feet is meant for
automobiles and that the display area for all other motor vehicle types will need
to be determined when the CUP is issued. Finally, as the use only covers motor
vehicles, the requirement that they not constitute `junk' is very difficult to enforce,
as unlicensed vehicles are considered `junk' by the city code. Therefore staff is
simply recommending removing the requirement.
Amend Section 7.Subdivision 3.H.9 as follows:
9. Outdoor sales lots (not outdoor storage) Motor Vehicle Sales provided that:
a. Outside sales areas are fenced or screened from view of
neighboring residential uses or an abutting residential district in
compliance with Section 3, Subd. 4.Q of this Ordinance.
b. Outside services and sales are associated with a principal building
of at least one thousand (1,000) square feet of floor area.
c. The entire sales lot and off - street parking area is paved.
d. Parking for customers and employees must be provided in
compliance with Section 3. Subdivision 5.F.24.
•
•
•
e. For motor vehicle automobile sales activities, a minimum of three
hundred eighty (380) square feet of sales area per vehicle is
provided exclusive of required parking areas. Minimum sales area
for all other motor vehicles will be determined by the City Council
during the review of the conditional use permit.
e f. A perimeter curb is provided around the sales /parking lot.
f-g. All lighting shall be hooded and so directed that the light source is
not visible from the public right -of -way or from an abutting
residence and shall be in compliance with Section 3, Subd. 4.F of
this Ordinance.
9.
Matcrials Vehicles for sale shall be displayed in an orderly manner
Staff would like the board's input on the vehicle display area requirement in 9.e
above. 380 square feet does not seem to be an industry standard and works out
to roughly a parking space plus 3.5 feet buffer around all sides. This may be
appropriate to maintain, but the board could certainly entertain a change to this
requirement.
RECOMMENDATION
Staff is recommending adoption of the language included in this staff report.
•
•
AGENDA ITEM V.D.
STAFF ORIGINATOR: Paul Bengtson
P & Z MEETING DATE: December 8, 2010
TOPIC: PUBLIC HEARING: Zoning Ordinance Amendment
Amending the Zoning Ordinance requirements for
Home Occupations
BACKGROUND
The City Council was approached by a resident to determine if the treatment of
retail sales was appropriately addressed in the Home Occupation standards
adopted by the City Council on February 22, 2010.
The Board may recall that retail sales were limited specifically to products that
were produced on the site that the sales were to occur only. This was an
addition that the Board itself recommended to the ordinance language, as staff
originally recommended that retail sales be prohibited in all levels of Home
Occupations.
The City Council has now asked staff to return the issue to the Planning and
Zoning Board seeking some clarity in the ordinance language in regards to retail
sales activities.
The existing ordinance language is attached to this report as attachment 1.
RETAIL SALES ISSUES
The ordinance, as adopted on February 22, 2010, included the following
statement in the General Provisions section, and is therefore applicable to all
Home Occupations that operate in the city:
No retail of anything produced off -site.
Staff's intention behind the use of the word `retail' was to prohibit direct sales to
customer on the site only. It was not meant to prohibit mail order businesses or
those that include delivery services. In retrospect, it was also not staff's intention
to prohibit sales to customers already onsite for a service business (barber,
massage, etc...), nor was it necessarily meant to prohibit sales events conducted
by invitation (Tupperware, Pampered Chef, Avon, etc...). As such, a clarification
may be in order.
• Staff compiled a list of the surrounding cities' home occupation /retail sales
language, which is attached to this report.
The issue that needs to be determined is which levels of Home Occupations
these types of sales may be appropriate within. Remembering that the city
allows any property to operate an A or B level Home Occupation, while only
properties that front arterials roadways, are zoned Rural, or have over 1 acre of
and can apply for the CUP required to operate a Level C Home Occupation.
Staff has the following recommendation for treatment of these types of 'retail'
activities:
Sales Type
Level A
Level B
Level C
Sale by Invitation
Yes
Yes
Yes
Direct sale, produced on site
No
Yes
Yes
Direct Sale, Produced Off -site
No
No
Yes
Accessory to service
No
Yes
Yes
Mail Order /Delivery
Yes
Yes
Yes
As such, staff is recommending the following changes:
Delete 'No retail of anything produced off - site.' from the General Provisions and
instead include the following statements in each Level of Home Occupations:
Level A: The operation of any wholesale or retail business is prohibited,
unless:
i. It is conducted entirely by mail; or
ii. It is conducted entirely by occasional home invitation
Level B: The operation of any wholesale or retail business is prohibited,
unless:
i. It is conducted entirely by mail
ii. It is conducted entirely by occasional home invitation
iii. It includes only the sale of products produced on -site; or
iv. It is clearly incidental to a service provided on the site.
Level C: Limited wholesale or retail business are allowed
RECOMMENDATION
Staff is recommending adoption of the language included in this staff report.
ATTACHMENTS
1. Section 3. Subdivision 8 of the Zoning Ordinance (Existing Home
Occupation standards).
2. Surrounding Municipalities' Home Occupation /Retail Sales
Standards.
•
•
•
•
Subd. 8. Home Occupation Permits.
A. Purpose. The purpose of this section is to provide a means by which home
occupations can be conducted as an accessory use to a residential dwelling unit,
as a use that is clearly incidental and secondary to a residential use on the same
premises, without jeopardizing the health, safety and general welfare of the
surrounding neighborhood or the inhabitants of the home occupation site, and
without jeopardizing the residential character of the neighborhood.
B. Application. Subject to the non - conforming use provision of this section, all
occupations conducted in the home shall comply with the provisions of this
section, with the exception of the following:
1. Permitted agricultural /farm related uses in the R and R -X Districts (and
when found to be in conformance with all other provisions of this
Ordinance) need not meet the provisions of this subdivision.
2. The limited seasonal sale of products grown solely on the site by the
residents of the homestead shall be exempt from the provisions of this
subdivision.
3. Daycare when licensed by the state and /or county
4. Any other use listed as a Permitted, Conditional, or Interim use within the
corresponding zoning district.
5. Any use allowed by an existing Conditional or Interim Use Permit.
C. Procedure.
1. Home Occupation Level A does not require an application, review, or
permit so long as the business complies with the general provisions listed
in subsection F below, and the requirements of the Home Occupation
Level A listed in subsection G below.
2. Home Occupation Level B requires the following procedure:
a. Application for a Home Occupation Level B shall be filed by the
property owner or designated agent on forms to be provided by the
City, and shall be accompanied by:
i. A non - refundable fee as established by City Council ordinance;
and
Lino Lakes Zoning Ordinance
Amended per Ord. No. 07 -05, 19 -07,
01 -08, 11 -08, 01 -10, 02 -10, 04 -10 & 08 -10
3 -69
General Provisions
ii. Site and Building Plans as necessary to prove compliance with
the general provisions of subsection F below, and the
requirements of the Home Occupation Level B listed in
subsection H below.
b. The Zoning Administrator shall review the application and shall
determine whether the proposal is in compliance with all applicable
evaluation criteria, codes, ordinances, and applicable performance
standards set forth in the Ordinance. The Zoning Administrator shall
notify the applicant, in writing, of any incomplete application within
fifteen (15) business days of the date of submission.
3. Home Occupation Level C requires obtaining a Conditional Use Permit.
The procedure for a Conditional Use Permit is described in Section 2.
Subdivision 2.
D. Violations. After two (2) founded nuisances, or code violation complaints have
been made and verified with written notices to the home occupation, a public
hearing may be called to consider additional conditions, limitations, or revocation
of the home occupation within sixty (60) days of the last complaint. Home
Occupation Level C, which requires a Conditional Use Permit, shall be subject to
the Revocation clause included in Section 2, Subdivision 2.
E. Expiration.
1. Upon issuance, a Home Occupation Level B permit shall continue to be
valid unless one or all of the following occur:
a. The business owner relocates to another residential address; permits
are not transferable to another person or property.
b. The type of businesses occurring on the site changes significantly.
c. If the permit is revoked by the City per section D above.
2. A Home Occupation Level C, approved as part of a Conditional Use
Permit application, shall comply with Section 2, Subdivision 2 of the
ordinance.
F Requirements - General Provisions. All home occupations shall comply with
the following general provisions and according to definition, the applicable
requirement provisions.
Lino Lakes Zoning Ordinance
Amended per Ord. No. 07 -05, 19 -07,
01 -08, 11 -08, 01 -10, 02 -10, 04 -10 & 08 -10
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General Provisions
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1 General Provisions.
a. The home occupation shall be operated by an occupant of the
dwelling.
b. Any home occupation shall be clearly incidental and secondary to the
residential use of the premises, and shall not change the residential
character thereof.
c. All home occupations must comply with all provisions of the City
Nuisance Ordinance and shall result in no incompatibility or
disturbance to the surrounding residential uses.
d. No home occupation shall require internal or external alterations or
involve construction features not customarily found in residential
dwellings except where required to comply with local and state fire and
police recommendations.
e. The home occupation shall meet all applicable fire and building codes,
and applicable permits must be obtained prior to any construction
activities.
f. No exterior evidence of the presence of the home occupation on the
premises, except any signage allowed by the sign code and any
vehicles allowed by Section 3.Subdivision 5.K
g.
Personal vehicles not exceeding a gross weight rating of eleven
thousand seventy -five (11,075) pounds used in the home occupation
may be parked on the site.
h. Any vehicle with a gross weight rating in excess of eleven thousand
seventy -five (11,075) pounds is subject to Section 3, Subdivision. 5.K
of this Ordinance.
i. The number of on -site parking spaces shall not be reduced to Tess
than two.
j. In no case shall the permitted home occupation cause to create the
need for an additional driveway access to the property.
k. When applicable, all state licensing requirements are satisfactorily
met.
Lino Lakes Zoning Ordinance
Amended per Ord. No. 07 -05, 19 -07,
01 -08, 11 -08, 01 -10, 02 -10, 04 -10 & 08 -10
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General Provisions
I. The applicant shall demonstrate, in a manner found acceptable to the
City Engineer that such use is within the capabilities of the property's
sewage treatment system or the city's utility system.
m. There shall be no use or outdoor storage of any toxic chemicals or
hazardous materials of any type or in any amount not normally found
in a residential structure.
n. No motor vehicle repair, paint or body work; commercial preparation of
food for service on the premise; business related to or involving
explosives, ammunition or weapons; or ambulance or related
emergency services shall be permitted as a Home Occupation.
o. No retail of anything produced off -site.
G. Requirements — Home Occupation Level A. All residential dwelling units are
eligible for a Home Occupation Level A. In addition to the general provisions
outlined in subsection F above, businesses must also comply with the following
provisions specific to the Home Occupation Level A.
1. Requirements.
a. Permitted home occupation shall be confined to the private dwelling
unit, and shall not be conducted in any accessory structure on the
premise, including an attached garage.
b. No customers or employees who do not reside at the dwelling may be
permitted on the property.
c. If the home occupation will require a delivery service, such as UPS, no
more than ten delivery /pickup trips per week shall be permitted.
d. The home occupation may not occupy more than 10% of the structure.
e. All off - street parking generated by the home occupation shall be
confined to the driveway.
H. Requirements — Home Occupation Level B. All residential dwelling units are
eligible for a Home Occupation Level B. In addition to the general provisions
outlined in subsection F above, businesses must also comply with the following
provisions specific to the Home Occupation Level B.
Lino Lakes Zoning Ordinance
Amended per Ord. No. 07 -05, 19 -07,
01 -08, 11 -08, 01 -10, 02 -10, 04 -10 & 08 -10
3 -72
General Provisions
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1 Requirements.
a. Permitted home occupation may be conducted in an accessory
structure provided that the use can comply with life safety
requirements.
b. A limit of two customers or employees who do not reside at the
dwelling may be permitted on the property at one time.
c. Areas accessible to customers or employees shall comply with all
applicable life safety codes.
d. Vehicle trips generated by the business shall not exceed 20 in any
twenty four hour period.
e. If the home occupation will require a delivery service, such as UPS, no
more than ten delivery /pickup trips per week shall be permitted.
f. If the home occupation is to occupy more than 10% of the dwelling,
additional building and fire code issues may need to be addressed.
IIIg. All off - street parking generated by the home occupation shall be
provided on a hard surface in or adjacent to the driveway.
h. Personal Service Businesses shall be limited to allow the servicing a
single customer at a time.
i. Between the hours of 7 PM and 7 AM no customers or employees who
do not reside on the site may be at the site and no business
operations occurring outside of the main dwelling are permitted. For
the purpose of this section, an attached garage does not count as part
of the main dwelling.
I. Requirements — Home Occupation Level C. All properties developed with a
dwelling, that are either over 1 acre in size; or zoned Rural, Rural Business
Reserve, or Rural Executive; or front on an arterial roadway are eligible to apply
for a Conditional Use Permit to allow a Home Occupation Level C. In addition to
the general provisions outlined in subsection F above, businesses must also
comply with the following provisions specific to the Home Occupation Level C.
1. Requirements.
Lino Lakes Zoning Ordinance
Amended per Ord. No. 07 -05, 19 -07,
01 -08, 11 -08, 01 -10, 02 -10, 04 -10 & 08 -10
3 -73
General Provisions
a. Permitted home occupation may be conducted in an accessory
structure provided that the use can comply with life safety
requirements.
b. A limit of five customers or employees who do not reside at the
dwelling may be permitted on the property at one time.
c. Areas accessible to customers or employees shall comply with all
applicable life safety codes.
d. Vehicle trips generated by the business shall not exceed 40 in any
twenty four hour period.
e. If the home occupation will require a delivery service, such as UPS, no
more than fifteen delivery /pickup trips per week shall be permitted.
f. If the home occupation is to occupy more than 10% of the dwelling,
additional building and fire code issues may need to be addressed.
g. All off - street parking generated by the home occupation shall be
provided on a hard surface in or adjacent to the driveway.
h. Personal Service Businesses shall be limited to allow the servicing of
only two customers at a time.
i. Between the hours of 9 PM and 7 AM no customers or employees who
do not reside on the site may be at the site and no business
operations occurring outside of the main dwelling are permitted. For
the purpose of this section, an attached garage does not count as part
of the main dwelling.
J. Additional Limitations and /or Restrictions.
1. So as to maintain compatibility with the residential character of the
neighborhood and to protect the health, safety and general welfare of the
public, the City may impose additional limitations or requirements as it
deems necessary.
The City may impose the posting of a security in order to insure
compliance with any condition imposed.
K. Inspection. The City of Lino Lakes hereby reserves the right, upon approval of
any home occupation permit or Conditional Use Permit for a Home Occupation
Level C, to inspect the premises in which the occupation is being conducted to
Lino Lakes Zoning Ordinance
Amended per Ord. No. 07 -05, 19 -07,
01 -08, 11 -08, 01 -10, 02 -10, 04 -10 & 08 -10
3 -74
General Provisions
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• insure compliance with the provisions of this section or any conditions
additionally imposed.
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L. Penalty. Violation of the home occupation performance standards shall be
subject to the enforcement and penalty provisions of Section 2, Subdivision 9 of
this Ordinance.
Lino Lakes Zoning Ordinance
Amended per Ord. No. 07 -05, 19 -07,
01 -08, 11 -08, 01 -10, 02 -10, 04 -10 & 08 -10
3 -75
General Provisions
Attachment 2 — Surrounding Municipalities Horne Occupation Language
To show the variety of ways other cities handle sales associated with Horne Occupations,
staff has collected the Home Occupation ordinance language from 11 surrounding cities
and listed the language specific to sales activities below:
Shoreview
Columbus
Blaine
Circle Pines
Centerville
Ham Lake
White Bear Lake
New Brighton
No prohibition or specific allowance for sales
No prohibition or specific allowance for sales
The operation of any wholesale or retail business, unless it
is conducted entirely by mail or by occasional home
invitation and does not involve the sale, shipment, or
delivery of merchandise on the premises is prohibited.
"Their ordinance does not specifically prohibit or allow
sales, and their staff informed us that they do not regulate
what types of activities occur on a site unless a complaint is
made."
The occupation may involve limited retail sale or rental of
products on the premises, provided all stock -in -trade is
completely enclosed in the principal structure. Retail
merchandise may not constitute more than 50 percent of the
principal structure square footage.
"Their ordinance does not specifically prohibit or allow
sales, but their staff informed us that they would only allow
mail order businesses, not direct sales."
The home occupation shall not involve any of the
following: repair service or manufacturing which requires
equipment other than customarily found in a dwelling;
teaching which customarily consists of more than one (1)
pupil at a time; over - the - counter sale of merchandise
produced off the premises, except for those brand name
products that are not marketed and sold in a wholesale or
retail outlet.
Operation of any wholesale or retail business shall not be
permitted unless conducted entirely by mail and does not
include the sale, shipment, or delivery of merchandise on
the premises. However, occasional sales shall be permitted
when such occasional sales are incidental to and not the
primary purpose of the home occupation.
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Anoka No retail sales of products fabricated off the premises is
allowed except for occasional sales of retail products if the
dwelling serves as an office for a person regularly engaged
in retail sales outside the dwelling but has no other office
and if such occasional sales are incidental to and not the
primary purpose of the home occupation.
Hugo No commodities shall be sold on the premises except
incidental materials or agriculture products.
Forest Lake The receipt, sale, or shipment of deliveries shall not be
permitted on or from the premises, with the exception of
regular U.S. Mail and /or an express shipping service that is
characteristic of service to residential neighborhoods.
Andover On Site Sales: On site sales shall be prohibited, except
those clearly incidental to services provided in the
dwelling.
Maple Grove There shall be no over - the - counter sale of merchandise
produced off the premises, except for those products that
are not marketed and sold in wholesale or retail outlets.
Mounds View "Their ordinance does not specifically prohibit or allow
sales, and their staff informed us that they do not regulate
what types of activities occur on a site unless a complaint is
made."