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HomeMy WebLinkAbout08/12/1998 P&Z Minutes7 • • • Planning & Zoning Board August 12, 1998 Page 1 CITY OF LINO LAKES PLANNING & ZONING BOARD MINUTES DATE TIME STARTED TIME ENDED MEMBERS PRESENT MEMBERS ABSENT STAFF PRESENT : August 12 1998 6:31 P.M. 8.16 P.M. Corson, Dunn, Johnson, Schaps, Schilling, and Trehus : Robinson Planning Coordinator Wyland, Economic Development Director Wessel, Planning Consultant Brixius, and Consulting Engineer, Powell I. CALL TO ORDER AND ROLL CALL Chair Schaps called the Lino Lakes Planning & Zoning Board meeting to order at 6:31 p.m., August 12, 1998. II. APPROVAL OF MINUTES - July 8, 1998 Mr. Schilling made a MOTION to approve the minutes of the July 8, 1998, meeting of the Lino Lakes Planning & Zoning Board, and was supported by Mr. Dunn. Motion carried 5 -0 with Mr. Johnson abstaining. III. APPROVAL OF AGENDA Chair Schaps added a discussion regarding Behms Airplane Hanger Size was added under Discussion Items. He stated that Action Item B and Action Item C will come before Action Item A. The amended agenda was approved as presented. IV. OPEN MIKE Chair Schaps declared the Open Mike portion of the meeting open at 6:33 p.m. Mr. Wessel outlined the remainder of the schedule for the Comprehensive Plan Task • Force meetings. He noted the dates of the final meetings and what each meeting will entail. He stated that the Comprehensive Plan will come before the Planning and Zoning Planning & Zoning Board August 12, 1998 Page 2 Board on October 14, 1998. A public hearing and action will be required. The Comprehensive Plan will be presented to the City Council on October 26, 1998. Mr. Wessel explained that the City Council took action Monday, August 10, 1998, regarding the authorization of the restructure of City staff. Mr. Wessel read the press release regarding this issue. He went over the new organizational chart for the City. The City Engineer's position and the Finance Director's position will be absorbed within the new structure of the City. Mr. John Powell, TKDA, will be the Consulting City Engineer indefinitely. More details regarding the restructure will be available in the next few weeks. Mr. Johnson made a MOTION to close the Open Mike portion of the meeting at 6:39 p.m., and was supported by Mr. Trehus. Motion carried 6 -0. V. ACTION ITEMS B. James Dougherty, 147 Smoketree Lane, Variance Ms. Wyland stated that Mr. James Dougherty, 147 Smoketree Lane, has made a request for a variance to allow the construction of a third stall on his garage with living space above. The proposed addition will be 14' in width, 24' in depth, and located 24' from the side property line at the front of the addition and 28' from the side property line at the rear of the addition. Mr. Dougherty is requesting a variance of 2' on the rear and 6' on the front. It does not appear that a site distance /visibility problem would occur with the proposed construction. Both Smoketree Lane and Grey Squirrel Road are City streets. Ms. Wyland explained that circumstances are such involving this case that the applicant was able to obtain a building permit and ready the site for the proposed construction. When Mr. Dougherty called for a footing inspection it was.determined that he was too close to the side property line. Thus the variance request. Chair Schaps asked if there has been any neighborhood input. Ms. Wyland stated there has been no neighborhood input or utility problems. Mr. Dunn stated the site lines are enhanced by the stop sign. He asked if a situation could arise where the stop sign will be eliminated. Mr. Powell indicated he could not foresee a situation where the stop sign would be removed. Mr. Johnson asked why the building inspector approved a building permit. Ms. Wyland explained that it was assumed the setbacks had been met. It was not discovered until another building inspector visited the site. Mr. Johnson stated the homeowner should not be penalized because of the building inspector's negligence. • • c • • Planning & Zoning Board August 12, 1998 Page 3 Chair Schaps asked what stage the project is in. Mr. Dougherty indicated the tresses have been ordered, the foundation dug, and other supplies are on order. He stated he has spent $5,000 - $6,000 on the project. Mr. Trehus made a MOTION to approve Variance as requested for a 14' x 24' addition, and was supported by Mr. Johnson. Motion carried 6 -0. C. Russell Trettel, 7148 Rice Lake Lane, Site Plan Review Ms. Wyland stated this case involves a request to move a 14 x 22 (308 square foot) garage onto a parcel of property at 7148 Rice Lane. The applicant currently has a 22 x 22 (484 square foot) attached garage. The site is 150' wide by 300' deep for a total of 45,000 square foot. The Zoning Ordinance allows a total of 1,120 square feet of accessory building on parcels this size. The existing garage, and building to be moved would total 792 square foot, well within the requirements of the Ordinance. The Ordinance also requires any structure moved onto a parcel of property to do so via a Site Plan Review. Ms. Wyland noted the City's Building Official has inspected the structure to be moved and found it to be structurally adequate. The applicant does plan to reroof the structure and paint the exterior to match his existing home. The 14 x 22 foot building is proposed to be located in the rear yard 5' from the side property line and 12' from the rear. Staff recommended approval of the site plan review with conditions. Chair Schaps asked if staff has photos of the garage and what the penalty is for not complying with the 60 day repair limit. Ms. Wyland stated she does not have photos but the building inspector did visit the site. If the applicant does not apply with the 60 day repair limit, he is in violation of the Zoning Ordinance. This is a misdemeanor and the applicant could be fined. Mr. Dunn asked for clarification regarding the lot line of the property. Mr. Trettel went over a drawing and indicated the garage will be placed 12' from his property line. His attached garage sits fairly close to his lot line. Mr. Dunn expressed concern regarding the potential for an easement or driveway. He asked what Mr. Trettel will use the shed for. Mr. Trettel indicated the shed will be used for storage of miscellaneous items. It will not store a vehicle. Mr. Corson asked if the adjacent neighbor is aware of the request. Mr. Trettel stated he • has spoken to the neighbor behind him. Planning & Zoning Board August 12, 1998 Page 4 Mr. Trehus asked if the building is a shed or garage. Mr. Trettel stated the current owner is using it as a garage. He stated he will use it as a shed. Mr. Schilling made a MOTION to approve the site plan to move a 14 x 22 storage building onto 7148 Rice Lake Lane with the stated conditions, and was supported by Mr. Dunn. 1. Property building permits are obtained and the structure meets all applicable requirements of the State Building Code. 2. The structure is reroofed, within 60 days of its location on the property, to match the existing home. 3. The structure is repainted, within 60 days of its location on the property, to match the existing home. 4. The structure is located on the site so as to meet all applicable Zoning setback requirements. Motion carried 6 -0. A. PUBLIC HEARING, Clearwater Creek Phase III, Rezone and Preliminary Plat Chair Schaps opened the public hearing at 6:58 p.m. Mr. Brixius stated that Gor -em LLC has submitted development application for a preliminary plat entitled Clearwater Creek 3rd Addition. This site is located between County Road 81 (Otter Lake Road) and Elmcrest Road, immediately south of Clearwater Creek 2nd addition. To facilitate this development request, Gor -em LLC is requesting that 53.6 acres of land be rezoned from R, Rural to R -1, Single Family Zoning District and preliminary plat approval for 31.87 acres of the site. Mr. Brixius indicated the Planning and Zoning Board must consider two development applications. The applicant is requesting a change in zoning from R, Rural to R -1, Single Family Residential. Subject to the City's decision on the zoning change, the City must also take action on the requested preliminary plat. Chair Schaps asked how many more acres are going to be developed to the south. Mr. Brixius indicated that figure has not been calculated yet. The current Comprehensive Plan in that area is still being worked on. • • • • • • Planning & Zoning Board August 12, 1998 Page 5 Mr. Corson asked about hydrology. He stated it is very important for the City to identify ground water areas. Mr. Mike Quigly, Gor -em LLC, came forward and stated that a permit has been applied for with Anoka County. Street configurations will be changed to eliminate the street jogs. All lots will meet the lot size requirements. An application has been made with the Rice Creek Watershed District. He indicated he has met with the Park Board. Mr. DeGardner has referred the placement of the park over to a Park Consultant. The Park Board has indicated the City needs 3 acres of park land immediately. A meeting will be held on September 10, 1998, with Ecological Services regarding greenway corridors. Chair Schaps stated the applicant is more than willing to accommodate staff recommendations. He asked if the Board will have another plat to review when changes are made. Mr. Quigly stated another plat is possible. However, they are waiting for a lot of input from different sources. He asked that the rezone and current plat be approved this evening. Chair Schaps stated there are several things that need to be taken care of before the Board can consider the preliminary plat. The park has to be located. The Board needs a final plat to consider. Mr. Quigly stated the street jogs will be resolved. A proposal has been made regarding the placement of the park. That issue has been turned over to a park consultant. Chair Schaps indicated the park placement is a very important issue. There are not enough ball fields within the City of Lino Lakes. Mr. Dunn stated he was very uneasy with the discussion held at the Park Board meeting. He felt the park was an open issue and that no agreement had been made. The Park Board initially was looking for 16 acres of park land. He indicated that he believes there are too many unresolved issues to move forward at this point. He stated there is no urgency as 50% of the lots are still vacant. He noted he does not want a repeat of what happened in phases 1 and 2 regarding park land. Mr. Quigly stated there was dedicated park land in phase 1 and 2. More than the required 10% of land was dedicated. The land that was dedicated is not an active park. Ms. Wyland verified that park land was dedicated in phase 1 and 2 of the development. The land was set up to be a nature park at the recommendation of the Park Board. There was discussion of a large park to the north. That option did not pan out. Mr. Dunn stated that many things have changed. There is a need for a park in that area. He stated the Board should move very cautiously. Planning & Zoning Board August 12, 1998 Page 6 Chair Schaps asked how much land to the south the developer owns. Mr. Quigly indicated the developer owns 80 acres. The park to the north did not pan out because of a zoning change. Mr. Trehus stated there are many street jogs in the plan. The greenway corridor needs to be reviewed. There are a lot of issues that need to be resolved. Mr. Quigly stated 2 of the street jogs will be eliminated. The emphasis of the Park Board was the trail. Chair Schaps expressed his concern regarding the park location and size. He stated the number of children in the area needs to be reviewed. Ball fields are needed in this area. The Park Board needs to address these issues before a decision is made. Mr. Quigly stated that is not what the Park Board is looking for. Mr. Corson asked if there is a plan for paving the trails in phase 1 and 2. Ms. Wyland indicated the trails are due to be paved in the next few weeks. Mr. Schilling asked about the time line for the 3rd addition. He asked if the Board is comfortable with accommodation of the future extensions regarding this development. Mr. Quigly indicated phase 1 will begin this fall. Phase 2 of the 3rd addition will begin next spring. Mr. Powell indicated the future extension will serve the entire concept plan. Mr. George Latondra, an attorney for a property owner, came forward and asked if the Planning Board or the Park Board makes the decisions regarding park placement. He also asked if a park proposal is made without involving ball fields will the plat be denied. Chair Schaps indicated that both the Planning and Zoning Board and Park Board will offer input regarding park placement. The final decision is made by the City Council. Chair Schaps stated now is the time for residents in that community to come forward and inform the Park Board of their needs. Mr. Latondra stated he is concerned about the interplay between the two boards. Chair Schaps stated the Planning and Zoning Board will not say the Park Board is wrong. He stated the Park Board needs time to review the park placement. Mr. Cain came forward and encouraged the Board to approve the rezoning so he can get on with his life. He stated he lives in the middle of the development. He owns 20 acres with horses and cattle. Houses are beginning to line his property line. Without the rezone he cannot sell his property. He stated the City has put him in a bad position. It only seems appropriate to continue the process of Clearwater Creek development. • • • • • • Planning & Zoning Board August 12, 1998 Page 7 Chair Schaps asked if he has a purchase agreement with the developer. Mr. Cain indicated he has an informal verbal agreement. Mr. Corson moved to close the public hearing at 7:42 p.m., and was supported by Mr. Dunn. Motion carried 6 -0. Mr. Johnson asked if the Board should hold off on the rezone because of the issues regarding the preliminary plat. Chair Schaps stated the rezone would be a concern if other factors did not exist. The preliminary plat will eventually be approved. The developer is willing to cooperate with staff and conditions. Mr. Brixius noted the rezone issue is a policy decision that must be made by the Board. Mr. Dunn stated he believes you can rezone without preliminary plat approval. Mr. Dunn made a MOTION to approve 53.6 acres of land be rezoned from R, Rural to R- 1, Single Family Zoning District, and was supported by Mr. Corson. Mr. Trehus asked if any of the original phases were zoned R -1 X. He indicated he does not see the advantage of rezoning at this time. Ms. Wyland indicated the original phases of Clearwater Creek were strictly R -1 zoning. Motion carried 4 -2 with Mr. Trehus and Mr. Johnson voting no. Mr. Dunn made a MOTION to defer approval of the preliminary plat and formally extend the 60 day review period for development applications to 120 days, and was supported by Mr. Johnson. Motion carried 6 -0. Chair Schaps suggested Mr. Quigly work with the Park Board and residents of the area. D. PUBLIC HEARING, Zoning Ordinance Text Amendment (driveway widths) Chair Schaps opened the public hearing at 7:50 p.m. Ms. Wyland stated that over the past several months /years the City has regularly received requests from property owners to increase the width of their driveways from 26' as provided in the Zoning Ordinance, to something wider. The Planning, Building, and engineering Departments have reviewed this section of the Zoning Ordinance and believe a change to a wider width will not affect the integrity of the Ordinance and would therefore recommend the amendment. This amendment would allow a driveway width up to 36'. The 36' width was selected based on the average width of a three car garage. Planning & Zoning Board August 12, 1998 Page 8 Chair Schaps verified that the amendment refers to a driveway width at the curbs. Mr. Johnson asked why the width was originally set at 26' and if the Public Work Department recommended that width. Ms. Wyland stated she could not recall why the width was set at 26'. She explained that the building inspectors are in favor of this amendment. A problem has occurred with residents widening their driveways without City approval. Mr. Powell noted that with wider driveways more snow needs to be plowed. There is less storage area for plowed snow. Mr. Trehus indicated driveways that are 36' wide would appear odd. Mr. Corson asked if the amendment would apply to commercial also. Ms. Wyland indicated the amendment would apply to all Residential Zones. Chair Schaps asked about restrictions regarding an impervious surface. Mr. Brixius stated the requirements are set at 65% lot coverage. Chair Schaps asked if the City enforces that requirement. Ms. Wyland stated the City does not run into many problems regarding that requirement. Mr. Dunn stated he believes the amendment is a step in the wrong direction. He asked who is asking for the amendment. Ms. Wyland indicated residents who have a three or four car garage are asking for the change. Mr. Dunn stated he would like to see hard evidence, facts regarding lot size, and a summary of how many residents are requesting the change. Ms. Wyland stated the lot size of the residents requesting the change are typical City lots. Mr. Corson noted that wider driveways would not look good throughout the City. Chair Schaps pointed out the restrictions regarding driveway width refer to the curb, not up to the garage. Ms. Wyland stated the building inspectors are much more aware of the frequency of requests for a wider driveway. The building inspectors have asked for the amendment. Mr. Corson explained that a cul -de -sac with four homes and each with a driveway 36' wide would be an excessive amount of concrete. Mr. Dunn stated he would rather see a variance regarding this issue. Mr. Johnson asked why the amendment calls for 36'. Ms. Wyland explained that 36' is the length of a three car garage. The City has had a problem with residents pouring the concrete before they obtain City permission. • • 1 • Planning & Zoning Board August 12, 1998 Page 9 Mr. Johnson moved to continue the public hearing at the September, 1998, Planning and Zoning Board meeting, and was supported by Mr. Dunn. Motion carried 6 -0. VI. DISCUSSION ITEMS A. Discussion on Behms Airplane Hangar Size Ms. Wyland explained that a resident has requested a change in the maximum hanger size for Outlot B in the Behms air park. If the maximum hanger size is changed, a variance will not be needed. Mr. Dave Hunter, Behms Lot #13, came forward and explained that he runs a business out of his home. Because his business is expanding, he needs to purchase another plane. A hanger size at 2,600 square feet is not large enough to accommodate two planes. He indicated he would like to build a hanger that is 2,900 square feet. He went over a design of a larger hanger which will be less than 1/3 the width of his lot. He indicated he spoke with Ms. Wyland and a neighbor regarding a larger hanger size. The current hanger size may be a problem in the future as there are currently only two residents in the area. • Chair Schaps asked how many square feet the average hanger is in the Lino Air Park. Mr. Hunter stated there are 12 -15 hangers with an average square footage of 3,200. Mr. Dunn asked if there are property owners there that do not own an airplane and if there are any problems with the hangers. Mr. Hunter stated there are a few property owners in the Lino Air Park that do not own planes. There are 3 hangers in the Behms side. All hangers must be on the north side of the lot. Chair Schaps stated he was not concerned about increasing the hanger size: He stated he does want assurance that this is well know to all residents in view of the Air Strip. He asked if staff is confident the lots will accommodate a larger hanger. Ms. Wyland stated that if the change is made the original PDO will have to be amended. The public will be notified and a public hearing will be held. Mr. Johnson asked why the maximum size was set at 2,600 square feet. Ms. Wyland stated she checked the file and there was no specific reference regarding the 2,600 square feet. Mr. Schilling asked if it is possible to get 3 planes in a larger hanger. Mr. Hunter indicated that would depend on the size of the hanger and size of the airplanes. He stated the hanger he designed is narrow to avoid building obtrusiveness. Mr. Dunn asked the about the minimum square footage of the lots. Ms. Wyland indicated 31,000 square feet is the minimum in Behms. Planning & Zoning Board August 12, 1998 Page 10 Mr. Dunn noted a 2,900 square foot hanger is less than 10% of the lot size. Mr. Brixius pointed out that when Behms began the Lino Air Park was very supportive. He stated it would be appropriate for the 3 property owners and Mr. Uhde to have a discussion regarding this issue. Chair Schaps stated the issue can be presented to the Board when staff is ready. VII. ADJOURNMENT Mr. Johnson made a MOTION to adjourn the meeting at 8:16 p.m., and was supported by Mr. Corson. Motion carried 6 -0. Respectfully Submitted, Kim Points, Recording Secretary TimeSaver Off Site Secretarial, Inc. • • t