HomeMy WebLinkAbout12/13/2000 P&Z Packet•
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CITY OF LINO LAKES
PLANNING & ZONING BOARD
AGENDA
Wednesday, December 13, 2000
6:30 P.M.
I. CALL TO ORDER AND ROLL CALL:
II. APPROVAL OF MINUTES: November 8, 2000
III. APPROVAL OF AGENDA:
IV. OPEN MIKE:
V. ACTION ITEMS:
A. Chris Lyden, 6275 Holly Drive, Variance
B. Marvin Emly, 590 62nd Street, Variance
C. Udor, 375 Apollo Drive, Site Plan Review
VI. DISCUSSION ITEMS
A. Saddle Club - revised concept plan
B. Dellwood LLC, Concept Plan
C. Town Center Update
VII. ADJOURNMENT
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CITY OF LINO LAKES
PLANNING & ZONING BOARD
AGENDA
Wednesday, December 13, 2000
6:30 P.M.
/ X 1
I. CALL TO ORDER AND /ROLL CALL: v hf�
Qi
II. APPROVAL OF MINUTES: November 8, 2000 "U\
III. APPROVAL OF AGENDA:
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IV. OPEN MIKE: - �) ,.`
V. ACTION ITEMS:
A. Chris Lyden, 6275 Holly Drive, Variance
`jib -- B. Marvin Emly, 590 62nd Street, Variance
C. Udor, 375 Apollo Drive, Site Plan Review
VI. DISCUSSION ITEMS
A. Saddle Club - revised concept plan
B. Dellwood LLC, Concept Plan
C. Town Center Update
VII. ADJOURNMENT - Ar6e
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Planning & Zoning Board
November 8, 2000
Page 1
CITY OF LINO LAKES
PLANNING & ZONING BOARD MINUTES
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I. CALL TO ORDER AND ROLL CALL
Chair Schaps called the Lino Lakes Planning ping Board meeting to order at 6:30
p.m., November 8, 2000.
II. APPROVAL OF MINUTES — Oct_ 1100
Mr. Schilling made a MOTION to ve °` e minutes of the October 11, 2000, meeting
of the Lino Lakes Planning ard, and was supported by Ms. Lane. Motion
carried 7 -0.
III. APPROVAL OF AGENDA
The agenda was approved.
IV. OPEN MIKE
Chair Schaps declared open mike open at 6:33 p.m.
Rich Matzke, 482 Main Street, indicated he has been a resident of Lino Lakes since 1962.
He explained he was concerned with the development near Blue Bill Ponds and stated a
neighborhood meeting was never held to discuss this issue, as suggested by the Planning
Commission.
Mr. Matzke indicated numerous trucks of dirt are being brought into the Blue Bill Ponds
property and he is concerned with water runoff in his basement. He indicated a retention
pond is being built within the new development but noted he feels additional runoff will
reach his property.
Planning & Zoning Board
November 8, 2000
Page 2
Chair Schaps suggested Mr. Matzke meet with the City Engineer John Paul to discuss this
item in further detail.
Mr. Johnson made a MOTION to close Open Mike at 6:39 p.m., and was supported by
Mr. Schilling. Motion carried 7 -0.
V. ACTION ITEMS
A. PUBLIC HEARING, TSM Development, Highland Meadows West 2nd
Addition
Chair Schaps declared the public hearing opened at 6:40 p.m.
Staff presented the application for Highland Meadows West, a planned development
overlay (PDO) which received final plat approval in April 2000. Highland Meadows
West 2nd Addition includes land within the northern portion of Highland Meadows. The
2nd Addition will create four lots: 2 new single family lots and 2 lots, which contain
existing houses. He indicated the lots would meet th:, 1,800 square foot lot size
minimum along with adequate lot widths and dep . ill also create a 50 -foot
extension of Marilyn Drive. Staff presented its e project and recommended
approval of the preliminary plat with the seve • ons detailed in the staff report.
Staff explained he wished to add a senten
must have proof that the Rice Creek W . ter
submitted to the City by November
on number six stating the applicant
approved the project and shall be
Chair Schaps asked the applic , is engineer would like to make comment.
Steve Schmidt, 222 Monroe oka, stated he had nothing to add at this time. Mr.
Schmidt indicated he would be w `" ing to meet the Rice Creek Watershed deadline by
November 22, 2000. He explained he felt the proposed development would clean up the
surrounding property, streets, and make good use of the property. Mr. Schmidt stated he
was in no hurry at this time but would appreciate approval from the Planning
Commission.
Ms. Lane asked why Outlot E was referred to on this plat. Staff indicated the original plat
was called Outlot E but should have been renamed to Outlot A on the revised plat map.
Ms. Lane made a MOTION to close the public hearing at 6:52 p.m., and was supported
by Mr. Corson. Motion carried 7 -0.
Ms. Lane made a MOTION to approve the Highland Meadows West 2nd Addition
Preliminary Plat based on the following conditions:
1. Lot 3, Block 1, shall be adjusted to meet the minimum requirement for buildable area
above the pond elevation. Revised plans shall show this change and be submitted by
November 22 to allow review and time before City Council approval.
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Planning & Zoning Board
November 8, 2000
Page 3
2. The area shown as Outlot B of this 2nd Addition shall be part of Outlot A, Highland
Meadows West 2nd Addition, it shall not be a separate parcel. Revised plans shall
show this change and be submitted by November 22 to allow review time before City
Council approval.
3. This comments of the City Engineer in the November 3, 2000 TKDA memo shall be
addressed to his satisfaction. The required information and revised plans shall be
submitted by November 22 to allow review time before City Council approval.
4. No additional development shall occur in Outlot A, Highland Meadows West 2nd
Addition until safe and efficient circulation in the area including Main Street access is
addressed to the satisfaction of the City and Anoka County.
5. Existing septic systems on Lot 1, Block 2, and Lot 1, Block 1, shall be properly
abandoned. Both properties shall connect to City utilities. Existing wells may be
retained only for irrigation.
6. All permits required by the Rice Creek Watershed District shall be obtained prior to
any site grading. Previous permits must be adhered to. Proof that the Rice Creek
Watershed has approved the project and shall be submitted to the City by November
22, 2000.
7. Final utility, grading, and drainage plans must ob approval from the City Engineer
prior to site grading.
The motion was supported by Mr. Johnson. .'carried 6 -0 -1 (Rafferty abstained).
B. PUBLIC HEARING (Continue • � `` servation Ordinance No. 09 -00
Chair Schaps declared the continu . x h; ing reopened at 6:54 p.m.
Staff reviewed that at the Sep 000 meeting, the Planning & Zoning Board
continued the public hearin. ; vember meeting and recommended that staff hold a
meeting with interested develo discuss the tree ordinance. Staff indicated they sent
letters to eight development firms nviting them to a meeting on October 24 and
representatives of four firms attended. The discussion focused primarily on increasing
the costs of development with new tree survey and replacement requirements and the
developers present unanimously opposed the new ordinance.
Staff explained that the draft ordinance requires three basic steps: 1.) Count and measure
the healthy trees on the site and calculate the total diameter inches; 2.) Calculate what
will be lost because of the development plan; and, 3.) Calculate what percentage of the
loss must be replaced. Certain less desirable trees to not need to be counted or replaced.
Staff indicated tree preservation could be maintained by reducing the development
density throughout the City. He indicated this would not prove to be favorable for
developers and thus not favorable for the City. Staff reviewed several other methods with
the Commission and asked for their comments and suggestions.
• Chair Schaps invited those in the audience to make comment.
Planning & Zoning Board
November 8, 2000
Page 4
Rick Carlson, 935 130th Avenue, Ham Lake, noted he owns approximately 100 acres of
wooded property within the City. He stated the tree ordinance as proposed concerns him
as a property owner. Mr. Carlson indicated the analysis done by staff was adequate but
stated it may be unrealistic due to the heavy grading required within the City. He noted
approximately 75 % -90% of each lot is graded with new developments, which does not
allow for great tree preservation.
Mr. Carlson indicated the tree ordinance would bring about additional work on the part of
the residents and City Staff. He stated the figures suggested by the planning specialist
may be too low, as he sees it could cost up to $20,000 per acre. Mr. Carlson suggested
that the City reduce the developable density before approving this tree preservation
ordinance. He indicated this would be the most cost effective method for staff,
developers, and the public.
Mr. Carlson noted the City of Blaine and the City of Fridley have tree ordinances that
could be reviewed by staff. He indicated these ordinances are not as stringent but set a
maximum number of trees per zoning district. Mr. Carlson noted the problem he has with
this ordinance is passing the cost of the assessment f .= e trees unto his clientele.
Mr. Rafferty asked for the defining point on w
developed. Mr. Carlson stated for those prop
in place. He noted the City must rememb
Steve Schmitt, 222 Monroe Street,
ordinance for tree protection and r
Commission at this time. He indi
Brooklyn Park and noted this
City of Brooklyn Park requi
rope'' s could and could not be
question that PUD and PDO be put
the ":aka rty owner does have rights.
A. a,s� "d e would agree on some form of
ut not the ordinance before the Planning
scaping escrow is required by the City of
o be an effective system. Mr. Schmitt noted the
es per lot with a fully sodded lot.
Mr. Schmitt noted he feels a lands ape ordinance may be more effective for the City in
conjunction with a tree replacement ordinance. He indicated this assists the developer
while continuing to meet the tree preservation needs of the City.
Mr. Rafferty indicated he feels the developers are not trying to wipe out the entire tree
population. He stated he doesn't feel it is up to the Commission to stick it to the
developers either. Mr. Rafferty asked that the Commission members be notified of future
meetings held with developers on this issue. He suggested Staff review neighboring
communities' tree preservation ordinances and report back to the Commission.
Tom Wallrich, Attorney Representative for TSM Development, noted he is familiar with
the City of Blaine's tree preservation ordinance. He suggested the City review this in part
with a landscaping plan for future developments within Lino Lakes.
Chair Schaps stated he felt an ordinance was needed for future development but stated
additional information should be gained before a recommendation was made to the
Council.
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Planning & Zoning Board
November 8, 2000
Page 5
Mr. Johnson asked what the Commission was trying to solve at this point in time. He
noted he doesn't feel developers have clear cut land throughout the City. Chair Schaps
agreed but stated he feels the City should be proactive in an effort to preserve trees.
Mr. Corson suggested that Staff evaluate trees by location on lots and create a system for
tree preservation. He noted this would create an incentive for preservation if possible.
Mr. Schmitt cautioned the Commission as to the preservation and requirements of trees
because the more trees required per lot the higher the price of the lot becomes.
Chair Schaps recommended Staff research additional city ordinances and continue the
public hearing to the next meeting.
Ms. Lane suggested a landscaping plan be sought after as well. Chair Schaps asked that
this be discussed with the developers at a work session meeting after information has
been received in January of 2001.
Ms. Lane made a MOTION to continue the public h g at 7:28 p.m., and was
supported by Mr. Johnson. Motion carried 7 -0.
Mr. Zych excused himself from the meeting.
• VI. DISCUSSION ITEMS
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A. Northwest Saddle Club —
Staff presented the applicatio y Heritage Development for a concept design
to develop the Saddle Club Birch Street. The project is being reviewed
through the City's conservatio °F``opment process. The first steps in that review
involve informal discussion with t e advisory boards before preparing a formal plat
submittal. Staff advised that the Environmental Board discussed two concept plans at
two meetings and the Park Board discussed this concept plan at its November 6 meeting.
Staff advised the next step after tonight's meeting is for the developer to consider
Planning & Zoning board comments in the preparation of a formal submittal. The
application will include a: planned development overlay, preliminary plat, amendment to
the Comprehensive Plan to allocate MUSA bank acres to the southern portion of the site,
and rezoning of that portion. Staff presented its analysis and requested direction to guide
further discussion of the project design with the developer.
Chair Schaps asked for the trade offs for this PUD. Staff asked that the developer address
this issue with the Commission.
Mr. Corson suggested the City of Shoreview be contacted regarding the dangers of icicles
from large towers reaching neighboring properties. Staff indicated he would investigate
this item.
Planning & Zoning Board
November 8, 2000
Page 6
Mr. Corson asked if a lift station would be possible for the proposed development. Staff
indicated this would be a possibility but noted the lift station would require additional
maintenance on the part of the City.
Mr. Johnson noted Old Birch Street may require maintenance before this development
could be completed. Chair Schaps concurred.
John Hill, Heritage Development, reviewed his concept plan with the Commission for the
Saddle Club property. He noted out of the 40 acres on this site approximately 26 acres
would be built on.
Mr. Hill indicated he felt a trail through this development would be difficult if sought
around the exterior of the development. He stated trails could be placed on this site but
not at the rear lot lines.
Chair Schaps asked for the trade offs provided by the developer to the City for a PUD
development status. Mr. Hill indicated there would be a significant amount of open space
and common space for all residents within the devel •, ' ent.
Chair Schaps indicated concern for the impact
would be in favor of this development if deer
concurred.
Id Birch Street. He stated he
25% in density. Mr. Johnson
Mr. Hill stated by decreasing the den th r "price would be increased. He noted this
may be risky due to the fact the m warrant lot prices over $80,000 in this
area. Mr. Hill indicated as propos o F should draw roughly $40,000 per lot.
Mr. Rafferty stated concern sity at this time. Mr. Hill noted he feels the PUD
common space was the best w dress this lot with the large number of wetlands.
Chair Schaps stated he is concerned with the price level at this time. Staff added that the
City needs to see some flexibility with the density and trail options. He asked that the
developer come up with a more fair trade off by either preserving more open space or by
decreasing the density to roughly 50 lots.
Chair Schaps concurred and asked if the developer would be flexible in reducing the
density of this development. Mr. Johnson noted he doesn't want to see the prices
increased too greatly. He indicated this would be the case if the density were to be
decreased.
Mr. Rafferty raised concern for the lack of a park in this development for children. Mr.
Hill noted a change could be made to lots 33 and 35 to allow for a tot lot.
Mr. Corson indicated he was not in favor of the development as proposed due to the
density and lack of trade offs. Mr. Rafferty concurred.
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Planning & Zoning Board
November 8, 2000
Page 7
Staff asked for the concerns from the Commission at this time on this development. Mr.
Rafferty suggested this plan go back to square one and eliminate request for the PUD and
increased density.
Ms. Lane noted she was not in favor of moving the MUSA line as it would not allow
other properties to be granted MUSA. Staff stated the MUSA allocation was only
allocated to uplands. He indicated less than 10 acres would be needed for MUSA
allocation with the development as proposed.
Mr. Schilling noted Old Birch Road would need to be resurfaced before this development
could be started. He added that he would like to see lower densities on the end cul -de-
sacs to reduce to overall density.
Mr. Johnson stated he was in favor of the development as is. He noted concern for Old
Birch Road and stated he would like to see a trail through this development with
connections to Birch Park.
Chair Schaps indicated he is sensitive to Old Birch
indicated there has been several serious accidents
in the area could increase the danger.
as he lives near the area. He
elieved that increased density
Mr. Hill thanked the Commission for their o He stated he would review his
• plan and report back to Staff.
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Mr. Rafferty stated he would like t � � e . ckets delivered sooner for review of the
items. Staff indicated they are m r ; e ® as soon as possible for the Commission's
review.
VII. ADJOURNMENT
Mr. Corson made a MOTION to adjourn the meeting at 8:26 p.m., and was supported by
Mr. Schilling. Motion carried 6 -0.
Respectfully submitted,
Heidi Guenther, Recording Secretary
TimeSaver Off Site Secretarial, Inc.
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AGENDA ITEM V A
STAFF ORIGINATOR: Mary Kay Wyland
MEETING DATE: December 13, 2000
TOPIC: Chris Lyden, 6275 Holly Drive, Variance
DESCRIPTION:
Mr. Chris Lyden owns 4.07 acres of property, zoned rural, at 6275 Holly Drive. This
property is a pre- existing non - conforming lot of record as the ordinance requires a
minimum of 10 acres in the rural zoning district. Mr. Lyden would like to construct a 34'
x 64' pole barn on the property using metal siding and roofing material. The Zoning
Ordinance specifically prohibits metal siding and roofing material on properties less than
five (5) acres in size. The proposed construction will meet the square footage
requirement (total of 3,600 square feet allow) and the setback requirements (5' on the
side, 40' on the front).
The Variance requested is from the City's Zoning Ordinance, Section 3. General
Provisions, Subd. 4. General Building and Use Provisions, D. Accessory Buildings &
Structures, 8. Rural & Residential Zoning District Accessory Buildings, d. Two and One-
Half (2 'h) Acres to less than Five (5) Acres (R, R -X, R -BR, and PSP Districts), Section
5) No metal corrugated siding or roof, except upon tool sheds less than four hundred
(400) square feet in area. And, a variance to allow pole barn construction because this
section of the Ordinance does not specifically allow pole barns as do those sections
pertaining to parcels over 5 acres in size.
Mr. Lyden has described his hardship as follows (detailed letter attached for your
information):
1. Pole bam type construction is preferable for this property due to questionable
soils.
2. Pole barn type construction, without a cement floor is necessary to preserve
1958 mid- engine all wood day cruiser due to moisture factors.
3. Pole barn type construction will reduce threat of loss from grass fires.
Findings of Fact. In considering all requests for variance or appeal and in taking
subsequent action, the City shall make a fording of fact:
1. That the property in question cannot be put to a reasonable use if used under
• conditions allowed by the official controls.
2. That the plight of the landowners is due to physical circumstances unique to his
property not created by the land owner.
3. That the hardship is not due to economic considerations alone and when a reasonable
use for the property exists under the terms of the ordinance.
4. 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.
5. That the proposed actions will be in keeping with the spirit and intent of the
ordinance.
Staff has reviewed this request and does not believe the Variance criteria can be meet in
this case. Mr. Lyden can construct a wood frame building, on footings without a slab,
that would have a similar effect to a post frame building although it may be more costly.
Pole buildings are not permitted on less than five acres. Over the years City Staff has
received numerous requests for such construction and has always discourage the Variance
procedure because in most cases the requests were based on the additional construction
costs. Additionally, in the 1997 Zoning Ordinance update the 5 acre requirement was
maintained. For these reasons we would recommend denial of the variance requested.
For P & Z and Council information, the adjoining property owners have indicated no
objections to the variance request.
OPTIONS:
1. Deny Variance as requested because the required findings are not satisfied.
2. Return to staff for further consideration
RECOMMENDATION:
Option 1
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City of Lino Lakes - ZONING ORDINANCE
5) Each detached accessory building must be separate and not
physically attached to another.
b. Ten (10) to Less than Twenty (20) Acres. (R, R -X, R -BR, and PSP
Districts)
1) The combination of accessory building(s) and garage(s)
shall not exceed five thousand (5,000) square feet,
whichever is least.
2) Total allowable accessory building space shall be limited to
the following:
a. One (1) attached garage and
b. Two (2) detached accessory structures.
3) Metal buildings and pole barns acceptable.
4) Attached garages shall not exceed one thousand one
hundred (1,120) square feet or equal to the size of the
house foundation, whichever is greater.
5) Building height shall not exceed base district requirement.
6) Each detached accessory building shall be separate and not
physically attached to another.
c. Five (5) to Less than Ten (10) Acres. (R, R -X, and PSP Districts)
1) The combination of accessory buildings and garages shall
not exceed four thousand two hundred (4,200) square feet,
whichever is least.
2) Total allowable accessory building space shall be limited to
the following:
a) One (1) attached garage and
b) Two (2) detached accessory structures.
3) Metal buildings and pole barns acceptable.
3 -19
City of Lino Lakes - ZONING ORDINANCE
4) Attached garages shall not exceed one thousand one
hundred (1,120) square feet or the size of the house
foundation, whichever is greater.
5) Building height shall not exceed base district requirement.
6) Each detached accessory building shall be separate and not
physically attached to another.
Two and One -Half (2 1/2) Acres to Less Than Five (5) Acres. (R.,
R -X, R -BR, and PSP Districts)
1) The combination of accessory buildings and garages shall
not exceed three thousand six hundred (3,600) square feet.
2) Total allowable accessory building space shall be limited to
the following:
a) One (1) attached garage and
b) Two (2) detached accessory structures.
3) Attached garages shall not exceed one thousand one
hundred (1,120) square feet or equal to ninety (90) percent
of the size of the house foundation, whichever is greater.
4) Each detached accessory building shall be separate and not
physically attached to another.
5)
No metal corrugated siding or roof, except upon tool sheds
less than four hundred (400) square feet in area.
6) Twenty -four (24) feet maximum height.
7) Roof and exterior color and material compatible with home
(except manufactured metal tool shed).
e. One and One - Quarter (1 1/4) Acres to Two and One -Half (2 1/2
Acres (R and R -X Districts)
3 -20
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To Whom It May Concern:
Walters Buildings Is a Manufacturer and Builder of Several Building Lines Utilizing Different
Construction Techniques, Including; Steel Frame, Post Frame, Stud Wall, Masonry, And Grade Beam . We
Recommend the Use of Post Frame Construction For Building at The Residence Of Chris Lyden in Lino
Lakes MN.
Slab On Grade Stud Built Construction Is Not Conducive to The Lot Due To Deep Fill and Variable Water
Conditions Which are Likely To Cause Frost Heave and Thickened Slab Edge Footing Deteriation
Post Frame Buildings Have The Unique Ability To Support Themselves On Unstable Soil Due To Their
Horizontal 2" x 6" Wall Girts and Roof Purlins Spanning 16' — 24'. This Horizontal Construction Ties
The Building End For End Minimizing the Effects Of Frost Heave On The Structure.
If You Have Further Questions About The Usage Of Post Frame Buildings Please Contact Me at 651/ 982-
9352.
Curtis Miers
Construction Management
Walters Buildings
rl
Nov 1 3 2000
C. fv OF LUNG LAKES
•
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• 11 -9 -2000
CHRIS AND LONA LYDEN HAVE MY PERMISSION TO BUILD A 36X64
POLE BARN OF METAL CONSTRUTION AT 6275 HOLLY DRIVE WEST
IN LINO LAKES.
Page 1
NOV 1 3 2000
CIFY OF @..% `c'• LAKES LASE
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• AGENDA ITEM V B
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STAFF ORIGINATOR: Mary Kay Wyland
MEETING DATE: December 13, 2000
TOPIC: Marvin Emly, 590 62nd Street, Variance
DESCRIPTION:
Mr. Marvin Emly is requesting permission to construct a 28 x 32 accessory building on
his property at 590 62nd Street. The property is Zoned Rural and consists of 10 acres on
the south side of 62nd Street containing his home and four (4) accessory buildings. One of
these buildings was damaged in a storm this past summer and must be removed. Mr.
Emly would like to replace it with the 28 x 32 building, however, the Zoning Ordinance
allows only three accessory buildings on a parcel of property between 10 and 20 acres in
size.
Property exceeding 20 acres in size has no maximum size requirement or limit on number
of buildings. Mr. Emly also owns 10 acres on the north side of 62nd Street. This property
is a separate tax parcel and staff has determined it can not be added to his 10 acres on the
south side to equal 20 and qualify for unlimited number of accessory buildings under that
section of the ordinance.
Additionally, Section 3, Sub. 2. B. 4 provides "Whenever a non - conforming structure
shall have been damaged by fire, flood, explosion, earthquake, war, riot, or act of God, it
may be reconstructed and used as before if it be reconstructed within twelve (12) months
after such calamity, unless the damage to the structure is seventy-five percent (75 %) or
more of its fair market value in which case the reconstruction shall be for a use in
accordance with the provisions of this ordinance."
Mr. Emly would be well within the total square footage allowed by the Ordinance of
5,000 square feet as his accessory buildings would total only 2,960. However, he will
need two variances for the proposed construction to be approved. One variance from the
number of buildings and one from the section of the Ordinance pertaining to
nonconforming structures.
Findings of Fact. In considering all requests for variance or appeal and in taking
subsequent action, the City shall make a finding of fact:
1. That the property in question cannot be put to a reasonable use if used under
conditions allowed by the official controls.
2. That the plight of the landowners is due to physical circumstances unique to his
property not created by the land owner.
3. That the hardship is not due to economic considerations alone and when a reasonable
use for the property exists under the terms of the ordinance.
4. 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.
5. That the proposed actions will be in keeping with the spirit and intent of the
ordinance.
Staff has reviewed the request and can not justify a hardship other than financial. Mr.
Emly could remove two accessory buildings and build one larger building that would be
within the requirements of the Ordinance. We would, therefore, recommend denial of the
variance requested.
OPTIONS:
1. Deny Variance as requested because the required fmdings of fact do not apply.
2. Return to staff for further consideration
RECOMMENDATION:
Option 1
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REV. MAR.1980 REV. AUG. 1989
REV. SEP. 1981 REV. FEB. 1991
REV. DEC .1982 REV. FEB. 1992
REV. JULYI985 REV. FEB. 1993
REV. DEC. 1985 REV. MAY 1994
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City of Lino Lakes - ZONING ORDINANCE
• SECTION 3. GENERAL PROVISIONS
•
•
Subd. 1. Purpose. The purpose of this section of the Zoning Ordinance is to
establish general development performance standards. These standards are intended
and designed to assure compatibility of uses; to prevent urban blight, deterioration and
decay; and to enhance the health, safety and general welfare of the residents of the
community.
Subd. 2. Non- Conforming Uses and Structures.
A. Purpose. It is the purpose of this section to provide for the regulation of non-
conforming buildings, structures and uses and to specify those requirements,
circumstances, and conditions under which non - conforming buildings, structures
and uses will be operated and maintained. The Zoning Ordinance establishes
separate districts, each of which is an appropriate area for the location of uses
which are permitted in that district. It is necessary and consistent with the
establishment of these districts that non - conforming buildings, structures and
uses not be permitted to continue without restriction. Furthermore, it is the intent
of this section that all non - conforming uses shall be eventually brought into
conformity.
B. Provisions.
1. Any structure or use lawfully existing upon the effective date of this
Ordinance may be continued at the size and in a manner of operation
existing upon such date except as hereinafter specified.
2. No structural alterations shall be made, except in compliance with items
(7) and (9) below.
3. When any lawful non - conforming use of any structure or land in any
district has been changed to a conforming use, it shall not thereafter be
changed to any non - conforming use.
4.
Whenever a non - conforming structure shall have been damaged by fire,
flood, explosion, earthquake, war, riot, or act of God, it may be
reconstructed and used as before if it be reconstructed within twelve (12)
months after such calamity, unless the damage to the structure is
seventy -five percent (75 %) or more of its fair market value (as estimated
by city council or its representatives), in which case the reconstruction
shall be for a use in accordance with the provisions of this ordinance.
3 -1
City of Lino Lakes - ZONING ORDINANCE
5. Whenever a lawful, non - conforming use of a building or structure or land
is discontinued for a period of one (1) year, any future use of said building
or structure or land shall be in conformity with the provisions of this
Ordinance.
6. Any non - conforming use of open land, that is use of and without
buildings, lawfully existing upon the effective date of this Ordinance may
be continued for a period of three (3) years after the effective date of this
Ordinance, whereupon such non - conforming use shall cease.
7. Normal maintenance of a building or other structure containing or related
to a non - conforming use is permitted, including necessary repairs and
incidental alterations which do not extend or intensify the non - conforming
use.
8. A lawful non- conforming use may be changed only to a use that
decreases its non - conformity.
•
9. Alterations may be made to a structure containing non - conforming
residential units when they will improve the livability thereof, provided they Elp
will not increase the number of dwelling units or expand size of existing
building or structure.
•
3 -2
City of Lino Lakes - ZONING ORDINANCE
d. No houseboat shall be used as a permanent residence and further,
that utilities including sanitary sewer, water, electricity, and phone
shall not be extended to the houseboat.
5. Ice Fishing Houses. Ice fishing houses stored on parcels of land during
summer months shall be considered an accessory building. All ice fishing
houses stored on site shall be licensed in accordance with State law.
6. Docks and Boat Launches. Private docks and boat launches may be
stored upon riparian lots provided such structures lie upon the same lot as
the principal structure to which they serve.
Roadside Stands. Seasonal, temporary roadside stands for the sale of
agricultural products shall be permitted if:
a. They are located in a zoning district which makes a specific
allowance for such use; and
b. They are located upon the lot on which the produce is grown.
• c. They are erected at least sixty (60) feet back from the nearest edge
of the roadway surface; and
•
d. Adequate parking space is provided off the road right -of -way and
safe vehicular access and movements are assured.
8. Rural and Residential Zoning District Accessory Buildings. The following
summarizes the maximum number, size, and height of accessory
buildings allowed in an individual parcel according to lot size and
residential district.
a. Twenty (20) Acres or Greater. (R, R -X, RBR, and PSP Districts)
1) No maximum size requirement.
2) Metal buildings and pole barns acceptable.
3) No maximum height requirement.
4) One (1) attached garage not to exceed one thousand one
hundred (1,120) square feet or equal to the size of the
house foundation, whichever is greater.
3 -18
City of Lino Lakes - ZONING ORDINANCE
5) Each detached accessory building must be separate and not
physically attached to another.
b. Ten (10) to Less than Twenty (20) Acres. (R, R -X, R -BR, and PSP
Districts)
1) The combination of accessory building(s) and garage(s)
shall not exceed five thousand (5,000) square feet,
whichever is least.
2) Total allowable accessory building space shall be limited to
the following:
a. One (1) attached garage and
b. Two (2) detached accessory structures.
3) Metal buildings and pole barns acceptable.
4) Attached garages shall not exceed one thousand one
hundred (1,120) square feet or equal to the size of the
house foundation, whichever is greater.
5) Building height shall not exceed base district requirement.
6) Each detached accessory building shall be separate and not
physically attached to another.
c. Five (5) to Less than Ten (10) Acres. (R, R -X, and PSP Districts)
1) The combination of accessory buildings and garages shall
not exceed four thousand two hundred (4,200) square feet,
whichever is least.
2) Total allowable accessory building space shall be limited to
the following:
a) One (1) attached garage and
b) Two (2) detached accessory structures.
3) Metal buildings and pole barns acceptable.
3 -19
•
•
•
AGENDA ITEM V. C
STAFF ORIGINATOR: Jeff Smyser
P & Z MEETING DATE: December 13, 2000
TOPIC: Site and Building Plan Review for
Accessory Building
UDOR, 500 Apollo Drive
BACKGROUND
We have received an application for an accessory storage building on the UDOR site.
The principal building approved in 1994 was originally 6000 sf. The City approved an
addition of 2400 sf in July 1999. One of the conditions of approval was that two existing
accessory buildings be removed prior to construction of the new addition. That did not
occur. The accessory building were built without a building permit. Mr. Gordy Johnson
of UDOR wants to replace one of the accessory buildings with a new one.
The site is in the GI General Industrial zoning district. The distribution business, the
principal use of the site, clearly is a listed permitted use in the district. However,
accessory buildings such as this are not listed as an allowable accessory use. Before a
site plan can be approved, the proposed use must be allowable under the ordinance.
This review is based on the following plan submittals:
site plan drawing
building elevations
ANALYSIS
• Building
rec'd 10/31/00
rec'd 10/31/00
The proposed structure includes an storage building as well as a un- roofed walled area to
screen the business' trash dumpster. The building footprint is 14' x 26', or 364 sf. The
trash area would be 8' x 14'. The building will be about 10' high. The walls would be
concrete block on a concrete slab. The submitted information does not show the location
of the building on the site. Proper setbacks from property lines would be required.
• Uses Allowed By Zoning Ordinance
The zoning ordinance lists uses allowed in each zoning district, which are classified as
permitted, accessory, interim, or conditional uses.
•
UDOR Site Plan
December 13, 2000
page 2
The two rural zoning districts include the following under accessory uses:
Tool houses, sheds and similar buildings for storage of domestic and farm
supplies, and non - commercial recreational equipment.
All seven residential zoning districts include the following under accessory uses:
Tool houses, sheds and similar buildings for storage of domestic supplies and
equipment.
The General Industrial district does not include accessory buildings in the list of
accessory uses. That is, accessory buildings are not listed in the GI district whereas
accessory buildings are specifically listed in several other zoning districts. In the past,
City staff have informed businesses that accessory buildings are not allowed in the
business park in the GI district. Storage should be within the principal building.
Section 1 Subd. 1.E. of the zoning ordinance states:
Uses Not Provided for Within Zoning Districts. Whenever in any zoning district
a use is neither specifically permitted nor denied, the use shall be considered
prohibited. ....
Staff concludes that accessory buildings are not allowed in the General Industrial zoning
district.
We acknowledge that at first glance, a different conclusion could be reached because the
list of permitted uses in the GI zone includes:
Accessory uses on the same lot with and customarily incidental to any of the
above permitted uses or of the same general character.
However, the City has not allowed accessory buildings in the GI district in the past.
Therefore, accessory buildings are not customary there. While it may be customary in
other cities to have accessory storage buildings in industrial zones, this has not been the
case in Lino Lakes.
Several years ago, the landowner constructed two accessory storage buildings. He did
not get building permits for either of them. When the City approved a building addition
to the principal building in 1999, one of the conditions of approval was that two
•
•
•
UDOR Site Plan
December 13, 2000
page 3
accessory buildings be removed prior to construction of the addition. One of the
accessory buildings remains, though the approved addition to the larger building was
constructed.
Over the past year, staff has been discussing the removal of the remaining building with
Mr. Johnson. Mr. Johnson proposed replacing it with a better building, and staff
informed him that would require another site plan review. Those instructions in no way
guaranteed approval of the application.
Staff cannot recommend approval of a use not allowed by the zoning ordinance.
Therefore, we recommend denial of the application. An alternative to denial would be
for the applicant to agree in writing to an extension of the approval deadline until a
zoning amendment is processed. This would allow the applicant to prepare an
application for amending the ordinance and to process it through the normal procedure.
There is no guarantee of approval of such an amendment.
CONCLUSION AND FINDINGS
Staff concludes that accessory buildings are not allowed in the GI district under the
current zoning ordinance. Under Minnesota Statutes 15.99, if the City denies an
application it must state in writing the reasons for the denial at the time that it denies the
application.
Therefore, staff recommends denial of the application for a site plan for an accessory
building based on the following findings:
1. The General Industrial zoning district does not include accessory buildings in the list
of accessory uses.
2. Accessory buildings are specifically listed in other zoning districts.
3. The General Industrial zoning district does list, as a permitted use, accessory uses on
the same lot with and customarily incidental to any of the listed permitted uses or of
the same general character. However, the City customarily has held that accessory
buildings are not allowed in the GI district.
4. Therefore, accessory buildings are not allowed in the General Industrial zoning
district.
5. An amendment to the zoning ordinance would be necessary to allow accessory
buildings in the General Industrial zoning district.
UDOR Site Plan
December 13, 2000
page 4
•
OPTIONS
1. Deny the submitted application for a site plan approval for an accessory building at
500 Apollo Drive based on the findings listed above.
2. Obtain written agreement from applicant to extend the review period to allow for a
separate application for an amendment to the zoning ordinance to be processed.
RECOMMENDATION
Option 1
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AGENDA ITEM VI. A
STAFF ORIGINATOR: Jeff Smyser
P & Z MEETING DATE: December 13, 2000
TOPIC: Discussion Item: Saddle Club Concept Plan
BACKGROUND
The Board discussed a concept for developing the Saddle Club at the last meeting. The
developer, Heritage Development, presented a sketch of a planned development that
included the possibility of some common or public open space. The Board expressed a
number of concerns regarding that sketch. The Board did not believe that the plan
justified the additional density on the site compared to standard R -1 zoning.
The developer has submitted a new concept for discussion. While the new plan
corresponds with standard zoning, several elements have been removed that could be
considered desirable. The following table offers a summary comparison of the two
concept drawings:
previous concept plan
new concept plan
received 11/21/00
number of lots
64
40
net density on
25.05 upland
acres
2.6 lots per acre
1.6 lots per acre
lot widths
50'
80'
lot depths
130
130
roadways
Connection between Old Birch
and Kildeer, offering circulation
between neighborhoods.
50' right of way.
Access on Old Birch, 1/4 mile
long cul de sac, no circulation.
50' right of way.
open space
Large wetlands and some
forested areas in common or
public open space, which
matches greenway vision for the
area.
Potential for trail through site in
greenway.
Potential for connecting to
existing trail to north.
No open space — entire site
platted within house lots.
No trail potential except in street
right of way.
No potential for connection to
existing trail to north.
•
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•
Saddle Club
December 13, 2000
page 2
Land Use and Zoning: To review some information, the site currently is split in
half by the MUSA and by a zoning line. Staff is recommending that the City Council
amend the land use map to resolve this, which would allow for rezoning the southern
portion.
The new concept would not require a planned development. The lots are intended to
meet current R -1 zoning standards. This new plan is a good contrast to the previous plan,
and offers the opportunity to look at the potential trade -offs. There are no special
features in return for smaller lots, higher density, or both.
Fewer lots means less economic incentive for offering amenities beyond the norm. The
previous plan offered the potential for variety in home styles. The new plan would
provide for lot cost and home style common to recent suburban developments.
Without road and utility connections to the east, the property to the east will remain
undeveloped. There is upland there, and Kildeer Drive could serve the area. Like the
Saddle Club site, the north part of the 1A 1/ section to the east is within the current
MUSA. The previous concept plan opens the potential for developing some of that
area — utilizing some existing MUSA land. The existing MUSA land may develop
without the Saddle Club connection, but it will be more difficult to do so.
The P & Z suggested investigating how Shoreview addresses the potential for falling ice
from the guy wires of large towers. I expect information soon from Shoreview staff.
Open Space, Trails: The smaller lots of the old plan offered potential open space and
trails through the site. No public or common open space is seen on the new plan. The
entire site is within individual house lots on the new plan. (The fate of the southwest
corner of the site is undefined.)
Without development of the northeast corner of the site, there is no connection to the
existing trail in the Oaks of Lino. In addition, the land on the east of the site where the
road ends is largely wetland and floodplain. This seriously reduces the possibility of a
trail connection to Birch Park.
Transportation: The previous plan included a road that provided circulation
through the site, connecting Old Birch with Kildeer Drive. The new plan does not
provide this circulation. It includes Old Birch access and a long, dead -end road.
Utilities: Without the road connection to Kildeer, utilities would have to follow Old
Birch from Birch St. The economic feasibility of this will need to be determined.
RECOMMENDATION
Discussion and direction to the developer for assembling a plat submittal.
ANOKA COUNTY HIGHWAY RIGHT
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SCHOELL & MADSON, INC:\
ENGINEERS • SURVEYORS • PWIMINO
SOIL TESTING • DAARONE[NTK SERVICE!
102x0 WAYZATA BOULEVARD. SUITE 1
MINNETONNq MN 66706
(642) 841 -7101 FAX: 546 -9065
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CLIENT
HERITAGE DEVELOPMENT
450 EAST COUNTY ROAD D
ST. PAUL. MN
651 -481 -0017
PATE: ? 1997
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LOCATION
NORTHWEST SADDLE CLUB
LINO LAKES. MN
EXISTING CONDITIONS
S.M.I. PROJECT NO.
SHEET
OF
SHEETS
•
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AGENDA ITEM VI. B
STAFF ORIGINATOR: Jeff Smyser
P & Z MEETING DATE: December 13, 2000
TOPIC: Discussion Item:
Dellwood LLC/Target Project Concept Plan
BACKGROUND
Staff have been working with Dellwood LLC on a proposed retail development in the
northeast quadrant of the Lake Drive/I -35W interchange. The project consists of a Target
Superstore and six additional retail buildings. The project is still in the conceptual stage
and we are bringing it through the Preservation Development informal review process.
The Environmental Board discussed the project at its last meeting. We expect to keep
both boards informed of the progress of this project on an ongoing basis.
The project layout follows a standard, suburban retail development model with a "big
box" retail anchor and a number of "satellite" retail locations. Other than the location of
the extended Apollo Drive east of Lake Drive, the project bears little relation to the Town
Center design of Calthorpe that has been the focus of discussion for some time.
Because this represents a departure from the Town Center vision, staff has discussed the
project with the City Council to ask direction as to how we should proceed. The City
Council directed staff to work with the developer to incorporate desirable architectural
elements while acknowledging and accepting that the project departs from the overall
vision represented by the Calthorpe design for a traditional neighborhood development.
Staff and the developer are working to incorporate some special pedestrian- oriented
design features as well as some special architectural elements. The goal is an above -
average shopping development.
Preliminary Project Summary:
site area
Target Superstore
additional retail
approx. 40 acres
174,000 sf
120,000 sf
parking 1200 to 1500 spaces
Existing comprehensive plan: Shopping Center
Draft new comprehensive plan: Commercial
Existing Zoning: SC Shopping Center.
•
•
•
Dellwood/LLC
December 13, 2000
page 2
Because of several design issues, we expect the project will be a planned development.
Transportation: Apollo Drive would be extended east of Lake Drive, connecting to
77th St. The developer is seeking an additional Lake Drive access between Apollo and
77th St. A traffic study by the City's engineers is underway. Preliminary results indicate
that the additional access may be possible with specified improvements to Lake Drive
such as road widening, turn lanes, and traffic signals. The City will examine ways to
prevent retail traffic from using 77th St. and Carole Drive through the existing
neighborhood.
Utilities: Public sewer and water available in Lake Drive. The large amount of
impervious surface means stormwater management for water quality is an important issue
on the site. Staff is discussing options for infiltration and other creative measures of
addressing the issue.
Natural Features: An existing wetland would be impacted on the eastern portion of
the site to allow for the Target building and parking. As noted above, stormwater
management for water quality is an important issue on the site.
Most of the high quality oak forest area is along the freeway south of this site, though
some oaks are on this property.
Pedestrian Elements: Staff is working with the design team to incorporate
internal pedestrian circulation elements. That is, the possibility of a landscaped
pedestrian route along the fronts of the buildings, around the edges of the internal parking
lots. This could include landscaping and possibly "streetscape" elements such as special
pavement.
Staff has made it clear that connections to future trails along Lake Drive are also
important.
Green Space: Staff has urged the designers to include green islands in the large
parking lots, especially the Target lot. This could include trees along a walkway leading
to the two entries. It could include stormwater infiltration elements with landscaping.
The design of the entries to the site could accommodate larger green areas, though the
Apollo Drive/Lake Drive area is owned by a different developer.
Environmental Assessment Worksheet: The size of the project will require an
Environmental Assessment Worksheet (EAW). This is a study of the potential for
environmental impacts. The EAW process is defined by state law. Typically, the
developer prepares the EAW and submits it to the City. The City is responsible for the
content of the document, so staff will examine the document carefully. The City Council
will approve it for distribution. There will be a 30 -day comment period, after which the
City Council decides if the project warrants a larger Environmental Impact Statement
(EIS). An EIS is a very large study which is rarely needed.
•
•
DellwoodfLLC
December 13, 2000
page 3
The City cannot make any final approvals of the project until the EAW process is
completed.
RECOMMENDATION
Discuss concept plan and direct staff regarding design of project.
77th. Street
■
Preliminary Site Plan
ri
scaly: 1"=100'-0"
Architectural / Building Element
Green Space / Landscape
Pedestrian Path
Pedestrian / Site Node
0' 50' 100' 200'
•
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YAN
Lino Lakes Retail Center
Lino Latins, Minnesota
r
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•
AGENDA ITEM VI. C
STAFF ORIGINATOR: Jeff Smyser
P & Z MEETING DATE: December 13, 2000
TOPIC: Discussion Item: Town Center Update
BACKGROUND
Development in the Town Center and the draft new standards have been discussed in
many meetings over the past year. As discussed in the previous agenda item, we are
working with a developer on the design of a large project in the northeast quadrant of the
Town Center. That project is not being designed as a traditional neighborhood
development with mixed uses. In fact, the underlying model of the project is a standard
suburban retail development.
Because this represents a departure from the Town Center vision, staff has discussed the
project with the City Council at several work sessions. Staff asked direction from the
City Council as to how we should proceed. The City Council directed staff to work with
the developer to incorporate desirable architectural elements while accepting that the
project departs from the overall vision represented by the Calthorpe design for a
traditional neighborhood development.
Staff and the developer are working to incorporate some special pedestrian- oriented
design features as well as some special architectural elements. The goal is an above -
average shopping development.
Staff has asked the City Council for direction on the Village, or southeast quadrant. The
preliminary recommendation of the Livable Communities committee does not give Lino
Lakes the $1.5 million we requested for implementing the Village plan. The
recommendation is for $425,000 with the money designated for specific uses. Whether
this recommendation stands remains to be seen.
The City Council will discuss the situation at a special work session after the regular City
Council meeting on Monday, December 10. Staff will have more information from that
meeting for the December 13 P & Z meeting.
•
•
CITY COUNCIL WORK SESSION NOVEMBER 8, 2000
Council Member Reinert stated he would like to see other options from the County. He
stated if the current options are the only options, he is ready to take a vote. He stated he
would like to have a collected effort from the two (2) Counties and cities to improve the
roadway.
Council Member Dahl stated she is in support of a vote. She stated she also supports the
Council Members in Shoreview. She stated this issue is a symptom of a larger problem.
The major highways need to add lanes. The Metropolitan Council and the State need to
work together. Everyone needs to think beyond today. She noted County Road J to
Blaine is a four (4) lane highway because it had to be done that way. The roadway is now
a ghost lane. More traffic at 50 m.p.h. does not equal more safety. The project may
aleviate some problems on other roads. She stated that she believes there is a
compromise. She stated putting off the vote will not be beneficial. A vote should be
taken so the City can move forward.
Mayor Bergeson stated it is clear the majority of the Council wants to deal with this issue.
He stated he believes it may be premature. He stated he applaudsk e suggestion of the
Counties and cities working together, however, does not be' ieveetha - -pan happen before
November 27, 2000.
This item will appear on the regular Council agen "day, November 27, 2000, 6:30
p.m.
Mayor Bergeson called for a short bre gat
Mayor Bergeson reconvened the mee4irrg 45 p.m.
TOWN CENTER UPDATKNIA tY ALICE DIVINE
The Community Developmenirector advised Dellwood, LLC, is putting together a
development proposal'fO t1,e ehbein site in the Town Center. He noted the proposal is
very preliminary. Staff] s met with the developer and a video presentation will be made
at the next Council worksession. He referred to a map indicating the location of the site
and reviewed a timeline regarding the project. He noted the critical issue is the road.
The City Engineer advised a traffic impact study will be conducted from 77th Street down
to Lake Drive. The developer is sharing in the cost of the study.
The Economic Development Assistant advised direction is needed from Council. She
referred to the Calthorpe Plan noting that the proposed development is a conventional
suburban development and has nothing to do with the design standards. The main street
character will be lost. The question is if the Council wants to hold to the same direction it
has been going for years, or go with the Conventional development with staff using the
design standards as a guide. Staff noted the Calthorpe plan will take longer to develop
than the conventional type development.
4
•
•
•
CITY COUNCIL WORK SESSION NOVEMBER 8, 2000
Council Member Carlson inquired about any impact on the grant application. Staff
advised they do not believe the conventional development on the north side will have any
impact on the grant application, which was for The Village site
Mayor Bergeson advised he called the chair of the committee regarding the clarification
letter sent to the Metropolitan Council. He advised the committee that the letter is not an
indication of the City moving away from the project.
Mayor Bergeson continued stating the conventional development may be an opportunity
to get a particular retailer into the community. That opportunity does not come around
very often. He stated he feels the City should try to work with them.
Council Member Dahl asked if the developer will comply to some of the design
standards. Staff advised the design standards create something totally different from this
proposed concept plan. The design standards do not fit the project..The core of a
Traditional Neighborhood Development will be gone.
Council Member O'Donnell inquired about the opportunity toot `o riply with the design
standards in the southern quadrant.
The City Engineer advised the City does not have' aipprroved design standards. Staff needs
specific direction that the design standards w� �' apply t b the northern quadrant.
The Economic Development Assistant adde
ordinance will resolve that issue.
making the design standards a zoning
Mayor Bergeson stated there are two (2) things that are different in the southern quadrant:
if the grant is received and tiefac 't the City owns most of the land.
Council Member D asked if4the developer has requested the use of TIF. The
Community Developmen`�Director r stated the developer has not yet requested TIF. He
suggested the City look' into the possibility of utilizing TIF.
Council Member Reinert stated the City should pursue this developer. The standards can
be kept in place in the southern quadrant.
Council Member Carlson expressed concern regarding residents, truck traffic and
accesses.
The Community Development Director advised a neighborhood meeting should be held.
A buffer would have to be provided. Those issues will have to be addressed.
The City Engineer advised staff is exploring the possibility of closing 77th Street and
making it a cul -de -sac. That issue will be reviewed after the traffic study is completed.
•
•
CITY COUNCIL WORK SESSION NOVEMBER 8, 2000
Council Member Carlson stated the user would be a business that will be an asset to the
community. She expressed concern regarding moving away from the standards entirely.
She stated the 20/20 Vision indicated the residents don't want a conventional shopping
center. She stated she does not want the project to cost citizens money. The developer
should be doing something because they will not have to abide by the standards. She also
expressed concern regarding the type of businesses that will go in.
Council Member O'Donnell indicated he is in favor of moving forward with the project
and stick with the architectural standards as much as possible. He asked if the City
should be proactive with the property owners to the south and let them know what
direction the City is taking.
Staff advised they have talked to Ehlers about redevelopment and TIF.
Council Member Carlson expressed concern regarding the City buying out properties.
Council Member Dahl stated she would like to keep negotiations, en She asked "is it
possible to get the same look with the design standards ?" She statedshe would like staff
to move forward with the project.
Mayor Bergeson stated the City would still have somib e rage so it can ask them for part
of the design standards that are applicable. He'slated he would like to move forward also
Staff noted the user is looking at an alternatelacatioi Therefore, timing will be an issue.
Council directed staff to proceed with
vision of the site in mind.
conceptual development plans keeping the
WEST SHADOW PONDS,.- T'RA LOCATION, JEFF SMYSER
Staff distributed a meri o - a ding the Council discussion of the West Shadow ponds
project at the September5 work session. The City Council agreed that the extension of
West Shadow Lake Drive-should be extended to the 62nd Street right -of -way with a
barricade constructed. Removing the barricade to allow the new road connection to 62nd
Street will be determined in the future.
Several of the Council Members expressed concern over the trail location and preferred
that it be moved into the drainage easement. At the time, it seemed feasible. Staff
received a letter from the developer stating that further analysis reveals that moving the
trail to the easement would require additional wetland fill. This is undesirable from both
an environmental and a regulatory perspective.
The trail as proposed does provide for connection to a longer trail. It creates a nice loop
using Fox Road. The developer proposes screening and landscaping options to provide
privacy for existing lots in Birchwood Acres. This was anticipated in the creation of the
•
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•
Planning & Zoning Board
October 11, 2000
Page 1
CITY OF LINO LAKES
PLANNING & ZONING BOARD MINUTES
I.
CALL TO ORDER AND ROLL CALL
Acting Chair Lane called the Lino Lakes P ring Board meeting to order at
6:30 p.m., October 11, 2000.
II. APPROVAL OF MINUTES — S , -.w , 2000
Mr. Johnson made a MOTI
meeting of the Lino Lake
Corson. Motion carri
the minutes of the September 13, 2000,
and Zoning Board, and was supported by Mr.
. Schilling abstaining.
Mr. Rafferty arri •
III. APPROVAL OF A NDA
The agenda was approved.
W. OPEN MIKE
Acting Chair Lane declared open mike open at 6:33 p.m.
No one was present for open mike.
Mr. Corson made a MOTION to close Open Mike at 6:33 p.m., and was supported by Mr.
Schilling. Motion carried 6 -0.
Planning & Zoning Board
October 11, 2000
Page 2
V. ACTION ITEMS
A. Nancy Anderson, 352 Carl Street, Variance
Staff advised this case involves a request for a Variance from the City's Zoning
Ordinance, Section 3, Subd. 4.D. Accessory Buildings and Structures, 1. General
Provision. c. No detached accessory structure shall be closer to the front lot line then the
principal buildings or its attached garage.
Ms. Anderson has an existing home w /attached garage at 352 Carl Street. The property is
Zoned Rural and located within the Lino Air Park. There are 23 lots within the Air Park.
Four (4) have hangers in front of the dwelling (one of these four is not constructed yet but
a Variance was granted in May of 2000), one has an attached hanger, eight (8) have
hangers on the side or behind the principal building, eight (8) have no hanger, and three
(3) lots remain undeveloped.
Staff reviewed the findings of fact the City must consid or . ce requests. Staff
advised the proposed hanger will be located approxi 5' "om the front property
line and 5.5' from the side property line. The exist h ��_ garage is approximately
190' from the front property line. The Ordin es . 0' front and 5' side setback
requirement. Staff has received a letter fro r; .a a• _. g property owners indicating no
objection to the proposed hanger location `• taf E?= s also received comments from the Air
Park Association indicating this prop • • E ati • is optimum for several reasons
outlined in their letter. The main c e ti `` s the 7 /1- transition airspace required
from the runway, which could n • . °' °• if the structure were located behind the
home as required by the Or • ` s reason staff believes there is a hardship and
would recommend approv. . ariance request.
For P & Z and Counci
would allow acc
the Rural Zoning
Ordinance is update
ation, staff is considering an Ordinance Amendment that
es to be constructed in front of the principal structure in
owever, this proposal will not be initiated until the Zoning
ome time next year.
Mr. Johnson asked for clarification regarding the proposed residence and what is west of
the residence. Staff referred to a map noting the survey was done awhile back. There is
an existing residence. Staff advised it is unclear as to what the lines west of the house
area.
Mrs. Anderson, applicant, stated the survey was done prior to building the house. The
lines west of the house are measurements of lot lines. The lines were not intended to be a
hanger.
Mr. Johnson inquired where the aircraft will go after coming out of the hanger.
Mrs. Anderson advised there will be a door and referred to its location on the map. She
indicated she is unsure if the area will be grass.
•
•
Planning & Zoning Board
October 11, 2000
Page 3
Mr. Corson stated there are houses out there that do not meet the 7/1 requirement. He
asked if this is going to continue to be an issue. Staff advised the City assumes that one
of the covenants would include a review by the Air Park. Staff stated it is assumed that
the Air Park reviewed this issue before the houses were built.
Mr. Rafferty asked for clarification regarding the 7/1 requirement of the Air Park. Staff
advised the 7/1 requirement is a FAA requirement that applies to certain slopes at
different parts of the runway.
Mr. Rafferty stated that on the Thomas Street side there are hangers that go up to the
houses. He expressed concern regarding the City having ordinances in place and creating
variances for the homes there. The City needs to address these issues up front. He stated
it may be time to review the current ordinance.
Staff advised the City will be reviewing the ordinance next y suggested the Board
approve the variance with the added condition that the 7/1- z sitio 'r space be verified.
Mr. Rafferty inquired about guidelines the City may
structures.
regarding hanger
Mrs. Anderson advised the hanger will be '4 y ' ch the house.
Mr. Schilling inquired about how ofte
requirements. Staff advised there
issue. FAA and State Law appl
Board and inform Board me
s updated regarding FAA
e City ordinances that addresses this
e to have a consultant come before the
ng this issue.
Mr. Schilling stated th re a two -story structure that is closer to the airstrip than
the hanger. He stated 1 d be . eneficial for the Board to learn more about FAA
regulations.
Mr. Rafferty asked at the City would do if there is a conflict with the 7/1 requirement.
Staff advised they wi verify the 7 /1- transition air space. If the hanger can go in between
the house and runway, staff will not recommend approval.
Mr. Rafferty stated the City has guidelines in place that it needs to follow. There are
other hardships that at times need to be considered. He stated he wants to make sure the
City is doing the right thing with adjusting variances. The City needs to look at hardships
when the house is going in. The City can do a better job of addressing these issues ahead
of time.
Staff advised a lot of the houses were already built before the ordinance was revised.
Acting Chair Lane stated she would like information regarding how long the 7/1
requirement has been in effect with the FAA. She stated that she assumes other houses
were grandfathered in.
Planning & Zoning Board
October 11, 2000
Page 4
Staff advised it is a good idea to ask a Lino Air Park representative to come before the
Board and address these issues.
Mr. Corson made a MOTION to approve the Variance Request contingent upon
verification that the existing location of the hanger is outside the FAA 7/1 slope
requirements for runways. The motion supported by Mr. Schilling. Motion carried 6 -0.
This item will appear on the October 23, 2000, Council meeting agenda.
B. Mueller -Beis Funeral Home, 7050 Lake Drive, Site Plan Review and Minor
Subdivision
Staff presented their analysis of the site plan review for the Mueller -Beis Funeral Home,
7050 Lake Drive. Staff advised the Environmental Board reviewed the project on
September 27, 2000 and recommended approval of the probe <+ f referred to a copy of
their comments. One of the Board's concerns related to th el on Rice Lake.
For P & Z and Council information, the proposed co a _,u; +n . ' "�` ets the setback
requirement from the OHW according to the City's +o "ordinance. The DNR has
reviewed the plans and expressed no addition the proposed development.
The RCWD tabled the site plan review at t. `` eeting with authorization for
administrative action (this is an approval e §` itions).
Staff advised the property in ques :``.'`'e unplatted parcel of land that is
proposed to be split into two p c:' , the Mueller -Beis site, will be 4.5 acres in
size and Parcel B will be 3.1 ;, — less right -of -way dedication required by
Anoka County.
The Zoning Ordinance
Business Zoning
exceed the Ordin
es a minimum lot area of 20,000 -sq. ft. for the General
a minimum frontage of 100'. Both proposed parcels
ements. Parcel A is 500' in length and Parcel B is 446.5.
Staff recommended approval of the Minor Subdivision with the dedication of 20
additional feet of right -of -way to Anoka County for the reconstruction of Lake Drive. A
revised survey will be required prior to Council review indicating this land dedication,
not easement dedication as indicated on the current site plan. Staff reviewed
recommended conditions of approval of the minor subdivision and site plan review.
Staff noted the applicant would like this item to appear on the October 23, 2000, regular
Council agenda. Staff advised the City will not have time to review the revised plans.
Therefore, the Council will review this item at the November 13, 2000, regular Council
meeting.
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Acting Chair Lane stated Parcel A is the site for the funeral home. She asked what Parcel •
B will be used for. Staff advised the use for that site is unknown at this time.
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Planning & Zoning Board
October 11, 2000
Page 5
Mr. Rafferty asked for clarification regarding the location of the parcels. Staff referred to
a map indicating each parcel.
Mr. Rafferty asked how the development works with the current Comprehensive Plan and
the proposed Comprehensive Plan. Staff advised the area is currently guided for
commercial but is zoned general business. There are some places in the City that the
current Comprehensive Plan does not match up with the zoning map. Those areas need to
be reviewed and cleared up.
Mr. Rafferty stated the plan is a good plan. He expressed concern regarding the City
making errors in spot development. There are townhomes, the Air Park, and a lot of
residential in this area. He stated he is uncomfortable with the location of the building.
He noted the area north of Elm is all commercial.
Mr. Johnson stated the site backs up to Outlot B that is part of R a Plane. He asked
what effect this development may have on the developmen lot. Staff advised
the outlot contains drainage and utility easements.
Mr. Johnson clarified that a portion of Outlot B is h . He asked what will
happen to the remainder if it is ever developed l� •vis part of the runway goes
down that area. The property cannot be de
• The City Engineer added he also beli cannot be developed.
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Mr. Johnson asked if the 7/1 staff ue in this case. He noted the building is
fairly tall.
The City Engineer adv . s commonly used for take off and landing. The land
is not adjacent to this b
Mr. Schilling aske one will be living in the building on the second floor.
Mr. Craig Miller, rep esentative for Muller -Beis Funeral Home, came forward and stated
in the course of this type of business, it is common to have an apprentice that lives on
site. The apartment will be utilized for a person in training.
Mr. Corson stated the primary concern is health and safety of the runway. He asked if the
building will be on the side of the taxiway going uphill.
Mr. Miller advised the owners are comfortable with the location. An extensive land
search was done. He asked how much time is needed for the City to review a shared
driveway agreement.
The City Engineer advised conditions of approval include revisions of several plans. The
report would have to be completed by next Wednesday to appear on the October 23, 2000
Council agenda. There is not enough time to review all the revisions.
Planning & Zoning Board
October 11, 2000
Page 6
Mr. Miller stated the owners are trying to get ahead of the winter weather that may delay
construction.
Acting Chair Lane advised this item will not go before Council until the November 13,
2000, meeting.
Mr. Zych asked for clarification regarding the approval of the RCWD and the conditions
of approval. The City Engineer explained the process used by the RCWD when
approving a request with authorization for administrative action. Staff advised this
practice is commonly used by the RCWD.
The City Planner requested the following phrase be added to condition #6: and to provide
sanitary sewer service to Parcel B. Staff advised the phrase will make it clear that sewer
service will be provided for that parcel also.
Mr. Johnson made a MOTION to approve minor subdivisi • _ d s 1 N plan review, based
on the following conditions:
1. Proper building permits are obtained and in d scrow deposit to insure
completion of site improvements.
2. The revised landscaping plan shall • �� �� �e .. =•nal screening along Lake Drive
and is subject to review and appro staff. This plan shall be submitted
and obtain the approval of the ental Specialists prior to City
Council review.
3. Park Dedication shall be he City's Subdivision Ordinance.
4. An additional 20 feet t- • ` _ • ay shall be dedicated to Anoka County by
Deed, prior to issu.. y Building Permits.
5. A revised sury •• indicating the right -of -way dedication, shall be
provided prior °:!3 . ncil review.
6. Engineers an all be revised as indicated in the Engineer's report dated
October 5, to provide sanitary sewer service to Parcel B.
7. All lighting 1 be directed downward and produce no glare on the roadway.
8. Approval of t e site plan is not an implied approval of signage. An signs require
a sign permit and must comply with the City's Sign Ordinance.
9. A shared driveway agreement shall be provided for the entrance drive.
10. Access permits shall be obtained from Anoka County Highway Department prior
to construction on the site. A revised plan with a shared driveway will be
submitted along with a shared driveway agreement.
The motion was supported by Mr. Corson. Motion carried 5 -1 with Mr. Rafferty voting
no.
C. North American Composites Co., (Inter- Plastic) 300 Apollo Drive, Site Plan
Review & Minor Subdivision
Staff advised the application includes a minor subdivision and a site and building plan
review. North American Composites Company proposes to construct a new distribution
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Planning & Zoning Board
October 11, 2000
Page 7
facility on the site. The company will also conduct repackaging of the product into
different size containers on site as well as distribution. The product is polyester resins,
fiberglass, and related products. Staff presented their analysis of the site and building
plan review.
Staff advised the Environmental Board reviewed the project on September 27, 2000.
Recommendations included attention to infiltration in stormwater design, use of native
species in the landscaping plan, assurance that lighting will be directed downward, and
attention to soil compaction when possible. Infiltration will be designed in to the extent
possible. Native seeds are included. Lighting will be directed downwards. The issues
will be addressed with a revised landscaping plan to be reviewed by the Environmental
Specialist.
Staff recommended approval of the site plan based on conditions listed in the report and
adding the following:
10. Park dedication per City policy.
11. Minor subdivision shall be as shown on sub
including easements.
d description
Acting Chair Lane inquired about trash an m :., ` taff referred to the landscaping
plan indicating the trash container.
Mr. Johnson referred to elevation.
least interesting. The City of Li
backs along the freeway. Th
He asked if something mo
most visual part of the building is the
t doing itself a service with the building
ng backs give a negative impression of the City.
tive can be done.
Staff advised that is on
difficult to requir
there are already b
aesthetically pleasi
e issues the City is recognizing more and more. It is always
ation when the City does not have standards in place and
here. In parts of the City, the City will be pushing for more
chitecture in the future. Currently the City is trying to address
that issue with lands ping.
Mr. Corson stated the previous application required more park dedication. He inquired
about the process used for park dedication. Staff advised park dedication depends on a
ratio in the ordinance. There are two different types of commercial dedication based on
the ratio of employees to square footage.
Mr. Corson advised the City of Woodbury uses a park dedication fee of $3,000 per acre.
He asked if the City has looked at what other cities use for park dedication. Staff advised
the City is looking at revisions of the current park dedication ordinance.
Acting Chair Lane asked if the applicant is comfortable with the two additional
conditions of approval. The applicant indicated he is comfortable with the additional
conditions.
Planning & Zoning Board
October 11, 2000
Page 8
Mr. Schilling asked if the applicant is open to some aesthetic issues on the south side of
the building.
Mr. Ivan Levy, Vice - President of North American Composites, came forward and stated
he is open to adding to the building to dress it up. He noted the facility does not sell to
the public.
Acting Chair Lane asked the applicant to work with staff on the aesthetics of the back
building. She directed staff to relay the Board's concerns to the City Council.
Mr. Levy stated company engineers have indicated the City of Lino Lakes is a good city
to work with. He stated his company only has two competitors, one that is right across
the street from this location.
Mr. John Johnson, engineer for the project, requested the foll
conditions #11: per RCWD requirements and the City En
survey will be revised and resubmitted.
clarification on
ort. He noted the
Mr. Johnson inquired about the use of hazardous m
Mr. Levy commented on the products that
Staff advised condition #8 covers fl
noting one is flammable.
Mr. Levy stated fire codes requite >_ e ° He stated his company goes much further
to protect flammable maters
Mr. Rafferty stated he i . Johnson's comments regarding aesthetics on the
south side of the builds e stated that anything that can be done will be greatly
appreciated.
Mr. Schilling made OTION to approve the site plan based on the following
conditions:
1. Lighting fixtures shall be shielded and not direct light up or horizontally. The
Lumark Nite -Watch fixture (F -4 on lighting plan) is not acceptable. A substitute
shall be submitted for approval before City Council approval of the project.
2. Twenty -nine parking spaces shall be striped.
3. The decorative concrete block on the office portion of the building shall be
identified for the building permit application to the satisfaction of the building
official.
4. Another landscaping plan must be submitted and obtain the Environmental
Specialist's approval before City Council approval.
5. The City Engineer's issues listed in the October 5, 2000 memo must be addressed
to his satisfaction. The revisions to the utility and grading plans must be
submitted and obtain the City Engineer's approval before City Council approval.
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Planning & Zoning Board
October 11, 2000
Page 9
6. Final utility, grading, and drainage plans must obtain approval from the City
Engineer and Rice Creek Watershed District.
7. All permits required by the Rice Creek Watershed District shall be obtained prior
to any site grading.
8. Proper building permits must be obtained prior to any construction and 1% of the
construction costs must be put in escrow to insure completion of all site
improvements.
9. Site plan approval does not imply approval of signage. Any signage shall
conform to the sign ordinance and proper permits obtained.
10. Park dedication applies per City policy.
11. Minor subdivision shall be as shown on submitted sketch and description
including easements per RCWD requirements and the City Engineer's report.
The motion was supported by Mr. Johnson. Motion carried 6 -0.
Mr. Zych excused himself from the meeting at 7:45 p.m.
VI. DISCUSSION ITEMS
A. Town Center Standards
Staff advised the Town Center Committe ;yf Li A akes citizens recommended special
design standards for the Town Center 19 • . The draft standards prepared by
Calthorpe and Associates builds o s s . ee s framework. The standards will put
into effect the vision for a Tow �_ .' as formulated several years ago. The City
Council endorsed the draft s ugust 28, 2000. Final approval will include
rezoning the land as well , �'. ng the zoning ordinance to create a new zoning
district and adopt the d;,�.� tandards for it.
As the discussion = u ;'t is clear that confusion still exists over the need for
development stan • •� e draft standards include more detail than the City is
accustomed to seem City is accustomed to seeing standards for minimum setbacks
and maximum buildi 'g heights: but maximum setbacks and minimum building heights is
a switch. Though many cities have architectural standards regarding building materials,
we are not accustomed to this in Lino Lakes. Additional architectural standards are even
more disconcerting for some people here.
A public hearing will be held for the zoning amendment action, but it has not been
scheduled to date. Before the City does that, it is a good idea to revisit the Town Center
vision. Mary Divine, the City's Economic Development Assistant, has prepared a
presentation to demonstrate the need for the design standards.
Ms. Divine presented a slide show relating to traditional neighborhood developments and
the need for design standards.
Planning & Zoning Board
October 11, 2000
Page 10
Mr. Corson inquired about the Wal-Mart project in the City of Blaine. Staff advised the
project includes a Wal-Mart, Home Depot, and Cub. The status of the project is
unknown.
Mr. Corson asked if there are developers who are ready to go ahead with this when
approval is received. Staff advised there are developers who are interested. The City has
been seeking developers out. Most cities don't have zoning ordinances that provide for
this type of development.
Mr. Corson stated he had been to the Metropolitan Council and viewed a list of
applicants. He stated the idea of this type of development is catching on. Staff advised
there were 46 applicants this year. This type of development is the way cities want to go.
Mr. Corson advised staff he will provide them with the publication he received from the
Metropolitan Council.
Mr. Rafferty inquired about the City's chances of recei
were 46 applicants and 28 made it to the second pha
high in the first round. The second round will be v
Council wants to show that this type of develo
Metropolitan Council has $6.9 million doll
Mr. Schilling inquired about updates
submitted. Staff advised they hav
that will allow more flexibility.
Staff advised there
f Lino Lakes scored
ive. The Metropolitan
k in the suburbs. The
or funding.
e since the original plan was
through several concerns and revisions
Mr. Rafferty stated staff h. very hard on this project. He stated it was
disappointing that staf , at'u, chitectural elements.
The City Planner
need for a visual f
significant loss.
wer element was eliminated from the requirements, not the
f advised they do not believe the tower element will be a
The Economic Development Assistant advised Board Members will receive revisions to
the design standards. The changes will be noted.
Acting Chair Lane asked if the City is making the property owners happy with the
revisions. Staff advised the property owners have not seen the revisions. The City has
not yet seen a development proposal for the whole parcel of land. The property owners
want to sell the whole parcel. The City's best effort to date is trying to obtain a proposal
for the whole parcel.
Mr. Rafferty stated the City has a gold mine here. If the City starts watering things down,
the City will be like every other city. The City has guidelines and staff has worked hard.
The challenge is to keep the guidelines rigid and sooner or later development will occur.
The development won't be done well if the guidelines are not rigid.
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Planning & Zoning Board
October 11, 2000
Page 11
Staff advised the land value over time will be much greater if this development is
successful.
Mr. Johnson stated housing densities have been an issue. The Council is divided
regarding this issue. Higher density will bring a greater value to the property and more
residents for customers of the businesses. The density number is a crucial one. He
encouraged a high number of units per acre to increase the viability of the project. He
stated there is also a concern regarding the mix of senior housing and townhomes.
Mr. Rafferty stated he feels very comfortable that people who own something will protect
it. He expressed concern regarding rental property.
Mr. Johnson stated there is a pressing need for rental property in this area. There are a lot
of people who work in Lino Lakes that can't afford to buy a home. Employers are
concerned about that issue.
Mr. Rafferty stated his business doesn't care where he a A{ ses care about good
employees.
Staff advised prospective employers are lookin
can live it. The City has committed to cert
the apartments would be market rate. Th
types of buildings.
B. Temporary Fabric Sto
nity that their employees
ing to a housing mix. Most of
andards will create unconventional
Staff advised some Board ► '=' '' may have seen a few temporary fabric structures
around Lino Lakes. T m. ,r" of a metal pole frame with fabric stretched over it.
People are using these + es for inexpensive storage of vehicles or other items. City
staff have receiv about these structures regarding placement and size. Most
people just put the out contacting the City. In discussions with the Building
Official, staff decid j t would be a good idea to inform the P & Z about how staff is
addressing these stru ures.
These structures are not addressed in the building code. No building permit is required.
Staff has some concern about snow loading, but snow likely will slide off the fabric.
Citizens who put up such a structure do so at their own risk, however.
The placement of the structure and its size are two other issues. Staff will consider these
fabric structures as accessory structures. As such, they must: 1) meet setback
requirements for the zoning district, and; 2) the maximum accessory building square
footage for the lot size will apply.
The aesthetics of these structures may be questioned, but the City has no ordinance to
address that.
Acting Chair Lane stated a good wind storm will take this type of structure down.
Planning & Zoning Board
October 11, 2000
Page 12
Mr. Schilling stated that if the City looks at these structures as an exterior storage issue,
the City has provisions for screening. Staff advised the City will monitor this issue and
determine how flexible the City should be.
Mr. Johnson asked if there have been any complaints regarding the structures. Staff
advised the City has not received any complaints.
VII. ADJOURNMENT
Mr. Rafferty made a MOTION to adjourn the meeting at 8:35 p.m., and was supported
by Schilling. Motion carried 5 -0.
Respectfully submitted,
Kim Points, Recording Secretary
TimeSaver Off Site Secretarial, Inc.
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