HomeMy WebLinkAbout08/12/1998 P&Z Minutes7
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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
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August 12, 1998
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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.
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August 12, 1998
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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