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HomeMy WebLinkAbout11/12/1998 P&Z Minutes• • • Planning & Zoning Board November 12, 1998 Page 1 CITY OF LINO LAKES PLANNING & ZONING BOARD MINUTES DATE. TIME STARTER TIME ENAED MEMBERS 'RESENT : November 12 6 :30 P.M. 9 :10 P.M. Corson, Dunn, Johnson, Robinson and Trehus . one • Planning Developmen PIannng Engineer, 1998 Schaps Schilling, and, Communi `essel, Economic: en, an Consul I. CALL TO ORDER AND ROLL CALL Chair Schaps called the Lino Lakes Planning & Zoning Board meeting to order at 6:30 p.m., November 12, 1998. II. APPROVAL OF MINUTES - October 14, 1998 Mr. Trehus asked that the statement "Mr. Trehus stated that building permit data shows that for five years running, we've averaged 203 homes per year ", be added between paragraph 2 and paragraph 3. He stated that paragraph 4 should be corrected to read "400% in tax base ". He also stated that the last sentence in paragraph 4 should read "Mr. Trehus commented ", not Mr. Brixius. Mr. Johnson made a MOTION to approve the amended minutes of the October 14, 1998, meeting of the Lino Lakes Planning & Zoning Board, and was supported by Mr. Robinson. Motion carried 7 -0. III. APPROVAL OF AGENDA Mr. Dunn added Item VE, Clarification of Allegations in the Quad Press. The amended agenda was approved. Chair Schaps noted that Items VB and VC will come before Item A. Planning & Zoning Board November 12, 1998 Page 2 IV. OPEN MIKE Chair Schaps declared the Open Mike portion of the meeting open at 6:33 p.m. No one appeared for open mike. Mr. Schilling made a MOTION to close the Open Mike portion of the meeting at 6:34 p.m., and was supported by Mr. Corson. Motion carried 7 -0. V. ACTION ITEMS A. PUBLIC HEARING, West Shadow Ponds, R. Carlson, Rezone from Rural to R -1X and Preliminary Plat, 62nd Street and West Shadow Lake Drive Extended Chair Schaps declared the public hearing open at 6:55 p.m.. Mr. Hagen, Planning Consultant, stated Mr. Richard Carlson had previously submitted a Concept Plan of West Shadow Pond and is requesting approval of a preliminary plat entitled West Shadow Pond, which would require approval of a Comprehensive Plan Amendment to introduce MUSA to the site and Rezoning from R: Rural District to R -1X: Single Family Executive Residential District. The site is located south of Birchwood Acres, which is south of County Road 10, west of the Colonial Woods Subdivision and east of Ware Road. The preliminary plat illustrates that West Shadow Lake road will be extended from the Birchwood Acres Subdivision through to 62nd Street. The applicant intends to develop 22 single family lots on 18.88 acres. Mr. Hagen reviewed the site location, preliminary plat with utility plan, grading plan, Environmental Committee comments, and Mattke Engineering comments. He noted the correction in the setbacks from 30' to 40'. He also corrected the trail right -of -way location which is located north of Lot 1, Block 1. Mr. Powell stated 62nd Street and West Shadow Lake are State Aid roadways. State funding will be available next year to begin the upgrade of 62nd Street. The remainder of the funds for project completion will be available in 2000. It was anticipated that West Shadow Lake Drive would eventually connect to 62nd Street. He stated the City has received letters from residents in Colonial Woods expressing concern about the width of 62nd Street. If 62nd Street is reconstructed the road would be widened and a trail would be added. The widening of the street will be based on a Feasibility Report. The costs could be born fully by the State Aid funds. With the Ware Road reconstruction project, lots were proposed to be assessed $2,000. The developer has indicated he will help with the cost of reconstruction for 62nd Street in the amount of $2,000 per lot. It would be • • • a • • • Planning & Zoning Board November 12, 1998 Page 3 beneficial to time the reconstruction of 62nd Street after the subdivision is constructed to help eliminate construction traffic on a new roadway. If the project is approved, the 62nd Street reconstruction project would be initiated immediately. The City Council does, however, make all final decisions regarding reconstruction projects. Mr. Corson expressed concern regarding citizen assessment for the reconstruction project. Mr. Powell indicated that residents on Ware Road were proposed to be assessed $2,000 per lot. Mr. Corson asked if 62nd Street would become an 80 foot r row to include a trail. Mr. Powell said we could consider an 80' row, both urban and rural sections. We would not absolutely have curb and gutter. RCWD has adopted rules on infiltration that would support rural sections. We definitely need an upgrade and widening with a trail section. Mr. Corson stated that the plat appears to be 60' east of this development. Would we need additional row. Mr. Powell indicated that a portion of the row is not technically in the plat, we could work within the existing row. Mr. Corson suggested that we may want to get the additional row dedication at this time. Mr. Corson questioned the use of infiltration on this plat. Mr. Powell felt that a combination of infiltration and standard storm sewer would work. Ware Road incorporated similar features. Mr. Trehus asked if the Ware Road project included sewer and water at $2000 per lot or was that assessment just for the roadway. Mr. Powell indicated that the $2000 was just for the roadway. If property owners are interested in connection to sewer and water there would be an additional assessment. Regarding 62nd Street, Mr. Powell indicated that the city would evaluate the need for sewer and water and most likely install them along with any reconstruction work. Mr. Trehus asked about using the allocation of State Aid funds and if the City has enough to cover these costs. Mr. Powell stated the City does have a balance of State Aid funds now. The City receives an annual allotment. In 1999, $350,000 will be received. By 2000, $700,000 will be available. Generally, road improvement costs can be estimated at one million dollars per mile. The Feasibility Report will give a detailed analysis of the costs. Mr. Trehus asked how much is currently in the City's State Aid fund. Mr. Powell stated the City may possibly dip to a negative balance after the final payment is made for Ware Road. Mr. Trehus asked how much will be in the fund after the final payment of Ware Road and when the 1999 allotment is received. Mr. Powell indicated approximately $300,000 will be in the State Aid fund. Planning & Zoning Board November 12, 1998 Page 4 Mr. Richard Carlson, Developer of West Shadow Pond, came forward and thanked staff for the analysis and the report. He stated he was in agreement with the conditions of staff, the Environmental Board, and Park Board. He stated a neighborhood meeting was held with 23 neighbors. Two hundred invitations were sent out. He stated the majority of the neighbors were concerned with 62nd Street. He reviewed the following concerns raised at the meeting: 1. Street light on 62nd Street and West Shadow Lake Drive - Mr. Carlson stated he assumed a street light would be placed at that intersection. 2. Concrete Driveways - There are concrete driveways north on West Shadow Lake Road and residents would prefer the new homes have a concrete driveway also. 3. Setback - The setback will be 40'. 4. Screening along the trail - Mr. Carlson stated he will plant a row of Pines along the first two properties for screening. The rest of the property is park land which requires park approval for screening. Screening with trees 40' from the roadway will also be placed adjacent to the Rawleigh property - Lot 5, Birchwood Acres. The lots are 3/4 of an acre. 5. Drainage - Mr. Carlson stated water will drain away from 62nd Street. Mr. Carlson stated the neighborhood meeting went well. He indicated he agrees with the concerns raised about 62nd Street and will donate to those improvements. He stated another option is to develop a cul -de -sac on the end of the development to deter traffic. He stated a Master Plan of the park was distributed at the meeting. Mr. Dunn asked if Mr. Carlson would consider talking to the City Forester about planting Spruce trees instead of Pines. He stated he believes Spruce trees offer more screening and live longer. Mr. Carlson stated he has met with the City Forester. He has concerns regarding the park trail being screened completely. The City Forester would like to see a grouping of trees. Mr. Carlson indicated he is willing to screen with Pine or Spruce trees. Mr. Ted Mattke, Mattke Engineering, came forward and distributed pictures to the Board of 62nd Street. He suggested that if the plat is approved the developer could install a trail in the interim to at least get the pedestrians off the roadway. Mr. Tom Drow, 6317 Red Maple Lane, expressed concern regarding 62nd Street. He reviewed a traffic study that was conducted in December, 1996. If the development occurs there is the potential for 1,300 trips per day accessing 62nd Street. He stated he is in favor of the development with the exception of West Shadow Lake Road not going through to 62nd Street until reconstruction of 62nd Street occurs. He suggested a barricade be left on the north side of West Shadow Lake Road while the development is • • • • • • Planning & Zoning Board November 12, 1998 Page 5 being done. The road can be opened after 62nd Street is done. Traffic control should be considered on West Shadow Lake Road because there are no stops all the way to Birch Street. He requested the lighting be minimized because the neighborhood prefers it dark. He suggested using directional lighting. He raised the issue of the low spot on 62nd Street. He stated that if 62nd Street is improved and elevated there should be no problem. The lowest spot on the road is the entrance and there are already water and ice problems in that area. Chair Schaps entered into the record letters received from Mr. Paul Nyberg, 6307 Red Maple Lane, and Lynn and George Fernstrom, 6340 Red Maple Lane. Both letters expressed concern with the condition of 62nd Street. Ms. Susie Guthmueller, 642 Fox Road, came forward and stated that if the trail would go through the lots instead of behind her house she would be very happy. She stated she has an open lot behind her home which is why she moved there. She expressed concern regarding stop signs. She stated cars currently go too fast down West Shadow Lake Drive and the road completion would allow cars to go faster. She stated the development looks good although she is concerned about the increase of people in the area. She stated that lighting is needed for the path for security purposes. She asked if the ponds being developed will be available for use by the whole community. Mr. Carlson stated that because of the way the development is platted the ponds would be privately owned. The ponds are located on individual lots. He stated he is open to however the City would like him to develop the ponds. Ms. Guthmueller stated the ponds are on the lots but also connected to the park. She stated that change is hard. She indicated she has lived there for three years. Twenty -two homes are going to be developed behind her house. She stated she hopes this adds to the value of her home. She asked that the path be moved and indicated she is happy with the trees. Ms. Dawn Kenny, 6299 Red Maple Lane, asked when the construction of 62nd Street will occur. Mr. Powell indicated reconstruction of 62nd Street would occur within a year. The project would begin next year and be completed in 2000. He noted the City Council makes the final decisions regarding road reconstruction. Ms. Kenny asked what will happen if the Feasibility Study shows the project will cost too much. Mr. Powell indicated the City can consider borrowing ahead from the State Aid fund. Ms. Kenny asked for clarification regarding Chapter 429 and The Charter. Mr. Powell stated that State Statute Chapter 429 governs road improvements. It provides protection for property owners and requires a public hearing for road improvements. Per the City Planning & Zoning Board November 12, 1998 Page 6 Charter, road reconstruction can go to a citizen vote if general funds are used for the project. Ms. Georgette Korkowski, of Red Maple Lane, stated her lot abuts the new area. She expressed concern regarding drainage. The lot next to her was wet often this year because of all the rain. The water floods into her lot. She stated the drainage is terrible and does not want any more water. Mr. Mattke stated the area is in a wetland area. The development will not be raising the water table. New ponds will provide drainage for a better outlet. The water will eventually drain into Reshanau Lake. The development will not cause the current water problem to get any worse. Mr. Johnson asked if the outlet from the pond in the north/east corner will allow for adequate drainage underneath to the west side. Mr. Mattke indicated it will allow for adequate drainage. There is a gentle slope from the north/east to the south/west which is the way the drainage will flow. An equalizer pipe will be put in to level the elevation. There will be three ponds added that may lead to some drainage improvement in the area. Mr. Dunn asked if the system is similar to the one done in Centerville. Mr. Mattke indicated it is a similar system. The ponds will have an easement also. Restrictions regarding cutting the grass will be enforced. The City will have access to the ponds. Mr. Barry Rice, 6622 Fox Road, stated he was happy with the proposed development. He indicated he would like for the City to own the ponds. He asked that the lighting be similar to Birchwood Acres. He stated there is a definite need for a four way stop at West Shadow and Fox Road. He would like for the construction of the pond to stay clear of the Oak trees that are currently there. He stated he has been assured by the developer that the ponds can handle a good size rain storm. Mr. Mattke indicated the grading of the pond will not contour close to the Oak trees. Mr. Steve Andre, 495 Ash, expressed concern regarding the section of road between Ware Road and his property. He stated the current speed limit there is 35 mph. It is not uncommon to see people driving 70 mph down the street. He indicated he does not want more traffic on his street. Public safety regarding this issue is a concern. He stated he moved to this area because it was safe. He stated it has not been safe for the last four years. It is not uncommon for people to try to pass a vehicle on the left when you are trying to turn left into your driveway. Cars and trucks have gone across yards, smashed into parked cars, and hit mailboxes. Some houses in the area have been sold three times over in the last five years. Adding more traffic to an already deadly situation is irresponsible. • • • • • Planning & Zoning Board November 12, 1998 Page 7 Ms. Kenny stated the current traffic on 62nd Street is bad. A school bus went off the road before Millers South Glen went in. Adding more traffic to the area is a bad idea. She asked the difference between reconstruction and an upgrade of the road. Mr. Powell stated an upgrade would involve widening the road and developing a trail. Reconstruction would develop a completely new road and trail. He stated that more than likely reconstruction of the road would occur. He indicated it is a good idea to put the trail in now. Ms. Ann Carlson, 630 Fox Road, stated the West Shadow extension will be used as a cut through. The elevation will be only three feet higher than Birchwood Acres. She expressed concern regarding the number of trees that have to be cut down for the pond development. Ms. Linda O'Connor, 6291 Red Maple Lane, stated the path in front of Millers South Glen is growing grass. She asked if the path will be gravel or tar. Mr. Powell stated the path will be an 8' wide bituminous trail. Generally, the developer installs a gravel trail with the development. The City then paves the trail when the City's trail pavement project occurs. The City is looking at how to do the trails differently so grass does not grow on them. He noted the path in front of Millers South Glen will be paved. Mr. Holm, 634 Fox Road, requested that West Shadow Lake Road does not go through until 62nd Street is done. He requested screening between his house and the pond. He stated he has a nice nature area now and would prefer Spruce trees for screening. He suggested the City develop a pond maintenance plan to keep the ponds looking nice. If a pond has no water movement they do not stay nice for very long. Mr. Mike Pojar, 6255 Red Maple Lane, expressed concern regarding the ponds in the development and there is great dissertation regarding the pond boundaries, depth, and slope. He stated he disputes the way the developer stated the water will flow. He stated the State of Minnesota has maps regarding water flow direction and would like the maps to be studied. Mr. Mattke stated he is experience in hydrology. In his opinion, the water will flow under 62nd Street to an existing ditch that eventually goes into Reshanau Lake. He stated the water from the north/east corner of the development will flow north. Mr. Pojar referred to a map of the development. He stated that part of the pond on property #7 flows north, therefore, other water will flow in that direction also. He stated he wants to know precisely where the water will go because of the close proximity to his property. • Mr. Powell suggested Mr. Mattke meet with Mr. Pojar and provide his map source. He stated that he trusts the judgment and analysis done regarding the water flow direction. Planning & Zoning Board November 12, 1998 Page 8 He suggested more information be obtained from the State and provided to Mr. Pojar. Mr. Mattke indicated he will meet with Mr. Pojar. Mr. Dunn suggested the possibility of a gating process regarding water flow. Mr. Mattke stated a gating process will be used. A culvert will control the flow on the east side. The pond is 4 -5 feet lower than the existing ground. He offered to go over the grading plan and elevations with the Board and property owners. Ms. Kenny asked what a Feasibility Report is. Mr. Powell stated the City Council orders a Feasibility Report. The report looks at the cost, proposed improvements, assessments, design, alignment of streets, elevation, and storm sewers. It is. a preliminary design for the project. Mr. Pojar asked who holds the developer accountable if the drainage does cause a problem. Chair Schaps stated the City Council will hold the developer accountable. Mr. Johnson made a MOTION to close the public hearing at 8:02 p.m., and was supported by Mr. Dunn. Motion carried 7 -0. Mr. Corson asked if there is currently a City policy regarding ponds and liability and if skating is allowed on the ponds. Mr. Powell stated the ponds will have drainage easements. Typically, the City's ponds are not fenced to allow the City access. Liability regarding skaters is a legal question. The City would have an easement which is standard. Mr. Schilling stated the improvements to 62nd Street are a big concern. He asked if the cul -de -sac option would allow the improvements to be completed more quickly. Mr. Powell recommended not developing a permanent cul -de -sac. He stated a temporary cul- de -sac is an option. He suggested the recommendation of 62nd Street being upgraded be added to the motion. Mr. Trehus asked about grading. Mr. Mattke stated that the ponds will be excavated to obtain materials to build up the road and lots. Because the wetlands are degraded the value is reduced. He indicated he expects agreement from the Rice Creek Watershed District regarding the wetlands. Most of the drainage produced will run off the back. Drainage in the front will be drawn to the center of the project, with the exception of both ends of the project. The City Engineering Department will determine if the grades will be elevated at the low spot. Mr. Trehus asked if there is a storm sewer on the north end of the project. Mr. Mattke indicated there is a storm sewer on the north end. A storm sewer will be constructed on the south end of West Shadow. • • • • • Planning & Zoning Board November 12, 1998 Page 9 Mr. Trehus stated there will be a lot of water running in front of the homes on 62nd Street. Mr. Mattke showed a map indicating the high point of the street. Everything west of the first lot will go to a storm sewer retention pond. Mr. Pojar asked about the water in regard to the first three lots near the Rawleigh property (Lot 5, Birchwood Acres). Mr. Mattke stated the water in that area will run into the pond. The elevation is 892'. Mr. Pojar stated water collected in the middle of the road this summer. Mr. Mattke stated they have taken care of that water problem. The water was not draining properly and it has been corrected. Mr. Pojar noted the water may not drain properly with this project either. Mr. Trehus asked about the increase in elevation of the street. Mr. Mattke stated the elevation of the street will be approximately 3 1/2 feet higher than the highest point of the street. Mr. Trehus asked if the catch basins will be at street level. Mr. Mattke indicated the catch basins will be built up at the center of the project at an elevation of 902'. Mr. Mattke referred to a Preliminary Vertical Profile that shows the elevations. Mr. Powell / noted the elevations may change slightly. Mr. Corson asked if there is a problem with completing the reconstruction of 62nd Street before West Shadow is continued through. Mr. Powell stated that stipulation can be included as a condition of approval. The processing of 62nd Street improvements will be handled by the City Council. Mr. Corson asked about a temporary cul -de -sac. Mr. Powell stated a simple barrier could be used. Something is needed to keep the traffic down. He stated the trail should be developed in the interim. Mr. Johnson noted the comments from the Environmental Board. He indicated there is not a problem with the Environmental Board's comments, therefore, condition #6 regarding preliminary plat approval should be deleted. He suggested adding the condition of making a strong recommendation to upgrade 62nd Street. Mr. Trehus asked why the City requires street lighting in new developments, noting that older developments do not have street lights. Mr. Powell stated the cost of street lights is born by the developer. Street lights are mainly a pedestrian safety issue. The City does respond to residents requests for street lights. Planning & Zoning Board November 12, 1998 Page 10 Mr. Trehus suggested the policy regarding street lights be reviewed. He asked if the new street lights will match what is currently in the area. Mr. Powell stated the new street lights will be consistent unless NSP has changed their design. Mr. Dunn stated the proposed Comprehensive Plan does direct the City to study and develop a lighting plan. It is possible that Ordinances may be developed regarding street lighting. He stated that he believes the applicant has met all the requirements for approval. This is a good development for the City. The development will be a forcing issue to correct 62nd Street, which is another step in meeting the goals of improving the City's infrastructure. He stated he would not like to see a cul -de -sac, but would like to see good progress on 62nd Street. The issues from residents should be incorporated into the action that the City takes. He indicated he would like to move forward on this project. He is in favor of the project. He stated the traffic is unfortunate, but does not believe this project will add to that problem. Mr. Trehus read page 26 from the proposed Comprehensive Plan regarding premature expansion to a rural area. He stated this needs to be considered. He also read page 79, which referred to rural land uses and preserving open space. He read the staff recommendation from two months ago regarding the extension of 62nd Street. He noted the disadvantages of reconstructing 62nd Street now as opposed to later. This project will add more traffic to a rural area. According to the proposed Comprehensive Plan this development is premature. He noted there are only 58 acres left in the City's MUSA bank. This project will take 19 acres of the MUSA bank which will leave the City limited regarding business development until more MUSA is obtained. He stated the MUSA issue is a reason to deny approval of the project. Mr. Wessel stated no additional MUSA is needed for business development in the City. MUSA is not an issue. Mr. Johnson made a MOTION, and was supported by Mr. Corson, to approve the rezone of West Shadow Pond. Motion carried 6 -1 with Mr. Trehus voting no. Mr. Johnson made a MOTION, and was supported by Mr. Dunn, to approve a Comprehensive Plan Amendment to introduce MUSA to the West Shadow Pond site. Motion carried 6 -1 with Mr. Trehus voting no. Mr. Johnson made a MOTION to approve the West Shadow Pond Preliminary Plat, based on the following conditions: 1. The Preliminary Utility Plan is reviewed and approved by the City Engineer. 2. The City Engineer shall review and comment on the capabilities of 62nd Street and whether the funding and resources available is sufficient to support upgrade of the 62nd Street. • • • • • Planning & Zoning Board November 12, 1998 Page 11 3. The Grading Plan is reviewed and approved by the City Engineer. The plan may be subject to modification to provide for the maximum number of trees to be preserved. 4. The applicant provide a Vegetation Plan and Landscape Plan illustrating the trees to be removed and the trees to be preserved. 5. The applicant provide additional vegetation along the trail right -of -way to buffer the recreational and residential uses. 6. The Planning & Zoning Board strongly recommends the upgrading or reconstruction of 62nd Street occurs as soon as possible. Until reconstruction is completed, West Shadow Lake Road will be blocked at the north end of the development. Chair Schaps made a friendly amendment to incorporate all comments from citizens into the motion. Stop signs are needed in the area and neighborhood use of ponds should be clarified. The friendly amendment was accepted. Mr. Powell noted the need for stop signs in that area will be evaluated. Mr. Corson made a friendly amendment to clarify trails as far as specifying Spruce trees being placed in clusters. He also asked that concrete driveways be used on West Shadow Lake Road and there be a 40' setback incorporated into the motion. The friendly amendment was accepted. Mr. Johnson noted that covenants can only be enforced if there is a committee to enforce them. The MOTION, to approve the preliminary plat including stated conditions, neighborhood comments, and the friendly amendments, was supported by Mr. Dunn. Motion carried 6- 0 with Mr. Robinson abstaining. Mr. Carlson asked for direction from the Board regarding the ponds. Chair Schaps directed Mr. Carlson to work with staff. Mr. Carlson stated that ponds have been made as outlots before which can create a legal problem. He suggested the City Attorney be asked for a recommendation. Chair Schaps directed staff to review the pond issue with the City Attorney. Chair Schaps recessed the meeting for five minutes. Planning & Zoning Board November 12, 1998 Page 12 B. Dennis & Martha Houle, 16XX Birch Street, Site Plan Review to Move House into City Ms. Wyland explained that Dennis and Martha Houle would like to move a single family residence onto their property at the south/west corner of Birch Street and Centerville Road. The structure is to be located on the north/west corner of the 40 acre parcel of property which is currently Zoned Rural. The existing land use plan indicates the site as rural while the draft Comprehensive Plan indicates the site as low /medium density residential with commercial along Centerville Road. The City's Zoning Ordinance requires any structure to be moved into the City to go through a site plan review. The Building Inspector has inspected the dwelling which is currently located at 1966 North Chatsworth in Roseville. The site is being cleared to make way for a new city park. The structure was built in 1926 and appears to be structurally sound. The Inspector would suggest the following improvements prior to occupancy: 1. Reroof 2. Reconstruction of the stairway to the basement. 3. Replacement of existing windows. 5. Additional insulation 6. Redash existing stucco The applicant has asked for permission to construct a pole barn/garage /shop area on the site. The proposed structure will be approximately 54 x 30 for 1,620 square feet in area. This size building is permitted on a 40 acre parcel, however, construction is not allowed until such time as the principle structure is built. Should the Planning & Zoning Board consider allowing construction of the accessory building prior to the principle building a Variance would need to be processed. Staff would suggest that construction of the two buildings be simultaneous thereby eliminating the need for a variance which can not be justified as no hardship to the land exists. Chair Schaps asked if staff is not recommending approval of the pole barn at this time. Ms. Wyland stated the principle structure needs to be in place first. Chair Schaps asked if the applicants are in agreement regarding the recommended conditions. Ms. Wyland indicated the applicants have agreed to the conditions. Mr. Robinson asked if the wiring is up to code. Ms. Wyland stated the home has recently been rewired and is up to code. Mr. Corson asked about the right of access from the County and the location of the drive way. Ms. Wyland stated the applicants will need to obtain a permit from the County. The driveway will go out to Birch Street on the east side of the building site. • • • • • • Planning & Zoning Board November 12, 1998 Page 13 Mr. Dunn asked if the impact of the proposed Comprehensive Plan has been discussed with the applicants. Ms. Wyland indicated she has discussed the proposed Comprehensive Plan with the applicant. The applicants are not concerned regarding the Comprehensive Plan. Mr. Dunn asked about the potential for subdividing the property. Ms. Wyland stated that if the Comprehensive Plan is adopted the area is shown for development after 2010. The property could be subdivided at that time if City sewer and water is available. The applicants understand the implications of the proposed Comprehensive Plan. Mr. Corson asked if there are wells on the property. Ms. Wyland indicated that issue has not been addressed. Mr. and Mrs. Houle, 707 Harriet in Shoreview, came forward and stated they are okay with staff recommended conditions. Mr. Houle stated the house already has a new roof. They will be removing the roof and adding head room and will reinsulate. They are trying to restore the house. New trusses will be added also. Mr. Corson questioned the right of access from the County. Mr. Houle stated he is not concerned about the County turning them down. He stated there are no wells on the property. Access will be on the east side of the home. Mr. Dunn asked if the applicants will live on the property. Mr. Houle indicated they will be living in the home on the property. Mr. Powell stated the approval is contingent on the County granting access to Birch Street. He indicated he believes the County will approve the right of access. Mr. Dunn asked if the applicants are okay with two buildings concurrent. Mr. Houle indicated that is not a problem. He stated he has had a hard time finding someone to move the house. Mr. Robinson noted that traditionally the County has allowed one access per 40 acres. Formal application has to be made to the County. Mr. Dunn made a MOTION to approve the Dennis & Martha Houle Site Plan Review to allow the relocation of a single family home onto the property at the south/west corner of Birch Street and Centerville Road, with the following conditions: 1. Property building permits are obtained for all construction and the home is located to as to conform to all City rules and regulation and the Uniform Building Code. 2. The applicant connect to City Water which is available on Birch Street. Planning & Zoning Board November 12, 1998 Page 14 3. Prior to occupancy the following improvements shall be made: a. reroof b. re- insulate c. re- stucco d. replace windows f. replace stairway to basement The MOTION was supported by Mr. Johnson. Mr. Johnson suggested the County approval for right of access should be included in the motion. Mr. Dunn made a MOTION, and was supported by Mr. Trehus, to modify the motion to include approval contingent on approval of access to Birch Street from the County. Motion carried 7 -0. C. Chomonix Golf Course, Anoka County Park Reserve, Site Plan Review Ms. Wyland stated the Chomonix Golf Course is requesting a site plan review to allow the construction of a 20 x 24 addition to the maintenance building that will include office space, a lunchroom and restrooms. Additionally, they would like to construct two rain shelters on the course. The property in question is Zoned PSP, Public Semi - Public, and a site plan review is required for any construction on the site. Staff has reviewed this request and finds the proposed construction to be in compliance with the design standards set out in the Site Plan Review section of the Zoning Ordinance. Mr. Trehus asked how big the areas are. Mr. Greg Iden, a representative from Chomonix Golf Course, came forward and stated the areas will house about 20 -30 patrons. The size is approximately 20 x 30 square feet. Mr. Trehus asked if the areas will be used for picnicking or parties. Mr. Iden stated they will not be used for picnics or parties. The main reason for them is shelter. Rangers are on the course to discourage gatherings. Mr. Trehus asked if it would be possible to move Site #1 further from residents. Mr. Iden stated that Shelter #1 is on hole #7 which is three fairways away from a residential area. It is at least 500 yard away from any homes. Mr. Trehus asked about additional trees between the maintenance building and residences. Mr. Iden stated a landscaping plan is in development. Mr. Corson made a MOTION to approve the Chomonix Golf Course Site Plan Review, with the following conditions: • • • • Planning & Zoning Board November 12, 1998 Page 15 1. Proper building permits are obtained prior to construction. 2. A landscaping plan is provided subject to the reviewed and approval of the City Forester. 3. Exterior treatment of the proposed addition blends with the existing club house building. The MOTION was supported by Mr. Robinson. Motion carried 7 -0. Mr. Robinson noted that when the maintenance building was constructed they did not know a building permit was needed which caused quite a controversy. D. PUBLIC HEARING, Zoning Ordinance Text Amendment pertaining to non- conforming structures Chair Schaps declared the public hearing open at 8:52 p.m.. Ms. Wyland stated the Planning & Zoning Board has indicated a willingness to revise the • language in the Zoning Ordinance, Section 3, Subd. 2 B.9, which reads as follows: Alterations may be made to a structure containing non - conforming residential units when they will improve the livability thereof, provided they will not increase the number of dwelling units or expand size of existing building or structure. This change is the result of a recent Variance consideration. The proposed language is as follows: Alterations may be made to a structure containing non - conforming residential units when they will improve the livability thereof, provided they will not increase the number of dwellings units or expand the size or degree of non - conformity of the existing structure. Staff recommended approval of the Ordinance Amendment. Chair Schaps suggested eliminating "dwellings" and just stating units. Mr. Trehus asked about efficiency apartments being considered two units. Ms. Wyland stated they are two units and mother -in -law units are allowed. Mother -in -law units would not be allowed in a non - conforming structure. • Mr. Trehus suggested eliminating "of the existing structure" and ending the sentence at "conformity ". Planning & Zoning Board November 12, 1998 Page 16 Mr. Trehus questioned "expand its size ". Ms. Wyland explained the Variance is referring to the size or degree of non - conformity. Mr. Corson asked about the possibility of a commercial use in residential. Mr. Wyland stated the Ordinance refers to residential units only. Mr. Trehus made a MOTION to approve the Zoning Ordinance Text Amendment, Non- conforming Structures, to read as follows: Alterations may be made to a structure containing non - conforming residential units when they will improve the livability thereof, provided they will not increase the number of units or expand the size, or degree of non - conformity. The MOTION was supported by Mr. Schilling. Motion carried 7 -0. E. Clarification of Allegations in Quad Press Mr. Dunn expressed concern regarding comments made by Mr. Trehus in the Quad Press. He stated that as a Board member there is a fine line between representing yourself as a public official or as a citizen. The public needs to know if the editorial written was as representation from the Board or as a citizen. Everyone has the right to express their opinion as a citizen. It is difficult to do as a Board member. Mr. Dunn also expressed concern regarding the "political opponent" comments. He stated that technically he is a political opponent because he voted in favor of the Comprehensive Plan. He stated he wanted to assure Mr. Trehus that he is receiving no benefits from his decision. He indicated he does not like the inference that he is receiving benefits. The only benefits wanted are the benefits to the City of Lino Lakes. The only way the Board can operate is to follow the guidelines of the City. Mr. Corson stated that if someone on the Board is gaining from decisions being made, they should know about it. Mr. Trehus stated he did not name any names in the editorial and he will not name any names now. Mr. Johnson read the reference from the Quad editorial written by Mr. Trehus. Chair Schaps asked if it was pointing at the Planning and Zoning Board. Mr. Trehus stated it was not directly pointed to the Board members. He stated the editorial speaks for itself. • • • • • • Planning & Zoning Board November 12, 1998 Page 17 Chair Schaps asked if Mr. Trehus believes that he will stand to gain financially by voting yes to the Comprehensive Plan. Mr. Trehus indicated he was unsure if Chair Schaps would financially gain by voting yes to the Comprehensive Plan. Chair Schaps clarified that Mr. Trehus was not pointing at the Planning & Zoning Board. Mr. Trehus stated his comments were not at all pointed to who voted for the Comprehensive Plan. Chair Schaps stated he has taken some shots regarding the C.A.L.L. organization. Mr. Robinson stated he has taken some shots regarding C.A.L.L. also. He stated he does not agree with any organization that does not name their members. If you do not have a governing body it is not an organization. Mr. Trehus stated any group of concerned citizens can get together and do not have to subscribe to a governing body. Mr. Robinson stated he would appreciate it if the Planning & Zoning Board members would become familiar with common terms used in the meetings. He also stated Board members should pay attention. He stated he heard the same questions over and over tonight. If members do not know what is going on they do not belong here. It is the Board's responsibility to know what the City's ordinances are. Chair Schaps stated this is not a political board. They are here to address the concerns of citizens. This is not the place for a personal agenda. He stated the comments made in the Quad Press were political. Mr. Trehus stated he should not lose his right to make comments because he is on a City board. The Quad Press was supposed to add " Mr. Trehus, also, from the Planning & Zoning Board ". The word "also" was eliminated. VI. DISCUSSION ITEMS - None VII. ADJOURNMENT Mr. Robinson made a MOTION to adjourn the meeting at 9:10 p.m., and was supported by Mr. Johnson. Motion carried 7 -0. Respectfully Submitted, Planning & Zoning Board November 12, 1998 Page 18 Kim Points, Recording Secretary TimeSaver Off Site Secretarial, Inc. • • •