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HomeMy WebLinkAbout06/09/1999 P&Z Minutes• • • Planning & Zoning Board June 9, 1999 Page 1 CITY OF LINO LAKES PLANNING & ZONING BOARD MINUTES DATE TIME STARTED TIME ENDED MEMBERS PRESENT MEMBERS ABSENT STAFF PRESENT : June 9, 1999 6.34 P.M. 8 :04 P.M. : Schilling (6:40 p.m.),Johnson, Schaps, Corson (6:38), and Carlson • Dunn and Lane Planning Coordinator Wyland; City Planner, Smyser; and Consulting Engineer, Powell (7:40 p.m.) I. CALL TO ORDER AND ROLL CALL Chair Schaps called the Lino Lakes PlannT & ing Board meeting to order at 6:34 p.m., June 9, 1999. II. APPROVAL OF MINUTES Ms. Carlson deleted the page 12, paragraph 1. 4,18 99 She asked if the developer will remove one lot" from Mr. Johnson mad meeting of the Lin Motion carried 3 -0. to approve the amended minutes of the April 14, 1999, lanning & Zoning Board, and was supported by Ms. Carlson. III. APPROVAL OF AGENDA The agenda was approved as presented. V. OPEN MIKE Chair Schaps declared the Open Mike portion of the meeting open at 6:36 p.m. Mr. Gary Shipman, 907 Lois Lane, came forward and asked if a change in zoning will occur at the property west of Lake Drive and north of 79th Street. • • • Planning & Zoning Board June 9, 1999 Page 2 Ms. Wyland stated the issue was discussed at a Council meeting in October, 1998. According to the minutes from the meeting, it was recommended that the land use designation does change in that area. The property north of 79th Street that fronts Lake Drive is currently zoned residential. It has been recommended the property be changed to a performance zoning district which allows several different uses. The issue will be discussed further when the Comprehensive Plan is approved and refinements of the classification will occur. Ms. Wyland indicated she will send Mr. Shipman a copy of the meeting minutes from that Council meeting. Mr. Johnson made a MOTION to close the Open Mike portion of the meeting at 6:40 p.m., and was supported by Ms. Carlson. Motion carried 5 -0. VI ACTION ITEMS A. Phillip & Christine Javinsky, 1112 Holly Co Ms. Wyland stated Mr. and Mrs. Javinsky have req construction of a pole barn on their property at closer to the front lot line than their princip ance to allow the lly ourt that would be located Staff recommended approval of varia; ' . itions. Chair Schaps asked how big the arn are. Ms. Wyland advised the lot is 10 acres and the pole barn is 42 Ms. Carlson made a M t,prove variance based on the following conditions: 1. Proper buildin 2. The proposed bu mg be located within the required building and shoreland setbacks. 3. The structure be sized according to Sec. 3. Subd. 4 of the Ordinance. The MOTION was supported by Mr. Corson. Motion carried 5 -0. This item will go before the City Council Monday, June 28, 1999, 6:30 p.m. obtained prior to construction. • • Planning & Zoning Board June 9, 1999 Page 3 B. PUBLIC HEARING, Surfside Addition, Aqua Lane, Amended Planned Development Overlay (PDO) Ms. Wyland advised the original approval for a preliminary plat and PDO Rezone for Surfside Addition included the provision that 2400 square feet hangers would be allowed to house individual seaplanes with access to the joint taxiway. The applicant has reviewed this condition with some potential buyers who have requested additional hanger space. He would like to increase the hanger size to 3200 square feet. Staff recommended the request be processed as a resolution along with an amendment to the Declaration of Covenants, Conditions and Restrictions Article VI 6.14 D. which specifies hanger size. Chair Schaps declared the public hearing open at 6:45 p.m. Chair asked what change occurred at Behm's Centu Ms. Wyland advised the change was 2600 to 3200 limit at the Lino Air Park. The change was ma within a hanger. Mr. Johnson asked if a problem with advised the lots are 300 feet deep there will be a problem on Lot 5 n of the Lino Air Park. aximum. This is also the odate the number of planes r will occur on Lot 5. Ms. Wyland de. She indicated she does not believe Mr. Johnson made a MOT ose the public hearing at 6:49 p.m., and was supported by Ms. Carl ot carried 5 -0. Mr. Schilling may _ O N to approve the Resolution with condition that the Declaration of Co + . onditions and Restrictions is amended to reflect a hanger size of 3200 square feet; ;`x ? d was supported by Ms. Carlson. Motion carried 5 -0. This item will go before the City Council Monday, June 28, 1999, 6:30 p.m. C. PUBLIC HEARING, Oasis Market/Amoco, 7509 Lake Drive Amended Conditional Use Permit Ms. Wyland stated Twin Cities Stores Inc., DBA Oasis Markets is the current owner of the property and is requesting an Amended Conditional Use Permit to allow two additional pumps to be located on the Lake Drive side of the building. These gas pumps were shown as "future pumps" on the originally approved site plan. • Ms. Wyland referred to a letter of complaint received from Mr. and Mrs. Skogland, adjoining property owners, regarding the intensified site lighting and truck/trailer parking. • • • Planning & Zoning Board June 9, 1999 Page 4 Staff has reviewed the request and would recommend approval of the additional pumps. There appears to be adequate maneuvering space in this location and no parking will be displaced. Staff noted there are other concerns that need to be addressed which include truck parking, lighting, and drainage. Chair Schaps declared the public hearing open at 6:50 p.m. Chair Schaps asked if the owners have been notified of the problems on the site. Ms. Wyland indicated she has sent them a report regarding the problems and conditions of approval for the Amended Conditional Use Permit. Mr. Johnson asked why trucks are being parked in the lot for - +ed periods of time. Ms. Wyland advised many are over the road truckers and . A eepi ` in the lot. Others are unloading their trailers and leaving them for the we d - ted the police are monitoring the situation. When approval was receiv- . 2 •editions prohibiting overnight parking were not included, however, the .li presentative had assured the City that signs would be posted and parkin _ait° to ' o (2) hours. She added that the store is designed as a rest stop with tabl a o ; howers. Ms. Carlson stated that a two hour pa Enforcement is an issue. She sug that the rule will be enforced. misdemeanor. Without incl to limit parking is not enf c s previously agreed to verbally. itions of approval include a statement vised violation of the parking rule is a dition of approval, the promise by the applicant Ms. Carlson stated a si • of effective if the rules are not enforced. Ms. Wyland stated the word will get eral tickets for violation are issued. Mr. Corson asked i e applicant will activate the pumps if he must meet the conditions. Ms. Wyland stated s believes the applicant is committed to activating the additional pumps. Mr. Corson asked if there is another reason for a Conditional Use Permit if the applicant does not follow through with the conditions. Ms. Wyland stated the applicant has a Conditional Use Permit. This permit is amending the original permit. Mr. Corson asked about the City granting one -year reviewing Conditional Use Permits. Mr. Smyser advised the courts have ruled that one -year CUP's are inappropriate. The CUP goes with the land once it is granted. The best process is to set conditions for a permit and make sure the applicants comply. The City will be developing a process regarding the annual review of permits to insure compliance. • • Planning & Zoning Board June 9, 1999 Page 5 Mr. Schilling asked if a permit was issued for the canopy lights. Ms. Wyland advised a permit is not needed for replacing the lights. A permit was issued for the sign. She stated the applicant has been very cooperative when obtaining permits. The lighting was turned down when complaints were received. All lighting requirements have been met. Chair Schaps requested a statement regarding no overnight parking signs being placed in the front entrance be added to the conditions. Mr. Bruce Hanson, Surfside Seaplane Base, came forward and stated that he is a truck driver. This location is the only spot on the north side of the cities to pull off and rest. He stated a two hour parking limit is not long enough. He asked the Board to consider the safety of the drivers when making their decision. Mr. Corson made a MOTION to close the public hearing at 7:07 p.m., and was supported by Mr. Schilling. Motion carried 5 -0. Ms. Carlson stated when the Fina Mart was approved o i\ " Ong was not part of the plan. There are road stops on the freeways that 1 o e ight parking. The City needs to consider the rights of the neighbors. She i -'c. does not agree with allowing overnight parking. Chair Schaps added the location was not ': ended' or overnight parking. If truckers are aware overnight parking is not allowe� any n for it. Mr. Johnson made a MOTION ended Conditional Use Permit based on the following conditions: 1. Proper permits be o all affected agencies. 2. Overnight par two hour maximu building indicating ehicles is prohibited and truck/trailer parking is limited to shall be posted on the rear parking lot and within the h. "No Overnight Parking" signs shall be placed at each entrance. 3. The ponding area shall be cleaned and restored to its original contours. 4. Conditions No. 2 and 3 shall be completed prior to full functioning of the two new pumps. 5. Site lighting shall conform to the requirements of the Zoning Ordinance in relation to light and glare. 6. Conditions 1 through 8, contained in the original permit, granted May 11, 1992, shall be made a part of this permit. The MOTION was supported by Mr. Corson. Motion carried 5 -0. • • Planning & Zoning Board June 9, 1999 Page 6 This item will go before the City Council Monday, June 28, 1999, 6:30 p.m. D. PUBLIC HEARING, American Legion Post, 7731 Lake Drive, Rezone, Conditional Use Permit, Site Plan Review Mr. Smyser stated the American Legion Post 566 has submitted an application that involves converting the old Lino Lakes police station to a new Legion building. The actions before the Planning & Zoning Board include a rezoning, a conditional use permit, and a site building plan review. Mr. Smyser noted the City cannot rezone one lot consisting of one acre. Therefore, the proposal under consideration is to rezone the entire four acres to GB. Chair Schaps declared the public hearing open at 7:10 p.m. Mr. Corson asked about potential problems from constr in ition to an existing slab. Mr. Smyser advised the construction will be re ding inspectors. Mr. Corson asked how the tree bank system w • ' ' ,. S ser stated that trees lost will be replaced on the site or nearby. Chair Schaps suggested the application �. • ature as several items have not yet been submitted. Mr. Johnson asked if the tree Mr. Smyser stated there air a buffer. Mr. Johnson ask moved. Mr. Smys location. of the lot are on this lot or the neighbor's lot. both sites. The applicant is responsible for providing s would be lost if the location of the storm water pond was many more trees could be saved if the pond were in a different Mr. Schilling stated there are too many unfinished items regarding this application. He indicated he would be uncomfortable with approving the application. Mr. George Palace, 7722 Marilyn Drive, came forward and stated the Legion went door to door as opposed to having a neighborhood meeting. He indicated he was under the impression the project would be a Ladies Auxiliary Club. This property abuts a day care business. He stated he has no problem with the Legion but he does not want a bar in his backyard. He encouraged the City to find a site for the Legion with the proper zoning. Ms. Wyland noted the Legion did go door to door in the neighborhood to speak to • residents. A neighborhood meeting was suggested by City staff. • • • Planning & Zoning Board June 9, 1999 Page 7 Mr. Dan Dieger, 7710 Marilyn Drive, stated he has lived on his property for 13 years. He stated he knew the property was commercial but a bar is very undesirable by the residents. He stated a one acre site is not large enough for wedding parties. He added that Schwan's is a good neighbor but he often hears their noise and has a problem with their lighting. Ms. Kimberly Carver, 7734 Marilyn Drive, stated she has a licensed day care facility on her property. She stated she is uncomfortable with a bar in that location and believes the parent of the children she watches will too. She stated the location of a bar is a safety issue. Chair Schaps asked if a neighborhood meeting would be beneficial in solving some of the resident's concerns. Ms. Carver stated a neighborhood meeting would be helpful. Mr. Mark Budge, 7713 Marilyn Drive, stated he has no pro not want it located in his backyard. He indicated three He stated he does not want to be stuck with the proje be resolved. Mr. Terry Randall, representative for the A Legion did attempt to speak to all the nei here to create problems and they will be capable of handling small wedd funds for youth projects. Youth not believe the Legion will b the Legion but does o miles is too many. are too many issues to n, came forward and stated the separate times. He stated he is not se is kept down. The facility will only e purpose of the Legion is to develop s eive 99% of their profits. He stated he does f a nuisance than any other business. Mr. Randall continued th ° '_ re here to make friends. They will work very hard to ensure there are no prop The Legion is here to donate money to the community so the City is a bette e t 2 ; e. Chair Schaps stated re is no doubt the Legion wants to be a good neighbor. The Legion is a valuable rganization. He asked if the Legion is willing to have a neighborhood meeting. Mr. Randall indicated the Legion would like to have a neighborhood meeting. Chair Schaps stated the residents do have valid concerns. Neighborhood meetings have been very successful in the past in resolving issues. He stated the other concern of the Board is not all items have been completed. The Board prefers to review all items regarding an application at the same time. He asked that the Legion work with City staff to complete the application and hold a neighborhood meeting. The issue can be revisited at the July, 1999, meeting. • • • Planning & Zoning Board June 9, 1999 Page 8 Mr. Randall requested the Legion meet with someone from the City who can give them the dimensions for the service road. He also asked that they meet with the City Forester regarding the tree plan. Chair Schaps asked if the Legion has considered removing the existing building and constructing a new building. Mr. Randall indicated the Legion has not considered a new building. Ms. Carlson asked about the Legion's food service. Mr. Randall indicated the Legion would like to have their kitchen equipment in the new building. He stated he is unsure if the budget will allow for it in the first year. Ms. Carlson asked about the cost of the addition. Mr. Randall indicated the cost of the addition is $225,000. Ms. Carlson asked if the 400 foot separation regarding a liq been dropped. Mr. Smyser advised the separation is sti establishment with a liquor license. The amendmen day care centers from the definition of a school. T apply to the Early Childhood Center. and schools has om schools and an Ordinance excludes ense amendment will also Ms. Carlson asked about the 1:1 inch dia r ding tree replacement. Mr. Smyser stated the trees will be replaced as det , b e City Forester. Staff is working on the City's requirements so that rep � °occur. Mr. Schilling asked if there i i i e that prohibits three bars in a two mile radius. Mr. Smyser advised there g in the zoning or liquor ordinance that pertains to the number of liquor licen = p '' ity. Mr. Johnson sug buildings, there is discussed. Mr. Sm building is possible. the building were constructed to connect to the future tial for a continuing structure. He stated that issue should be stated that from a physical design perspective a connecting rom a potential real estate developer's perspective, a connecting building is undesirable. Mr. Johnson moved to continue the American Legion Post public hearing, rezone, conditional use permit, and site plan review to the July 14, 1999, Planning and Zoning Board meeting, and was supported by Mr. Corson. Ms. Carlson stated many excellent points have been brought out in the discussion. The Legion proposal has been discussed since last January, 1999. The Legion has contracted with the City for the building. She indicated the Board should hold off on this issue. She stated it is very unfortunate that there was not more help from the City prior to this point. • • • Planning & Zoning Board June 9, 1999 Page 9 MOTION carried 5 -0. Chair Schaps added he hopes the issues can be resolved. The Legion is not a bad neighbor. VI. DISCUSSION ITEMS Mr. Schilling asked about the house that was moved on Birch Street. Ms. Wyland advised the owner has decided to build a new house. The old home will be removed from the property. Mr. Schilling asked about the wearcourse on Black Duck Drive. Mr. Powell stated some work has started. The contractors are backed up from the excessive rain. VII. ADJOURNMENT Mr. Johnson made a MOTION to adjourn the meeting nd was supported by Mr. Schilling. Motion carried 5 -0. Respectfully Submitted, Kim Points, Recording Secretary TimeSaver Off Site Secretarial, In