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CITY OF LINO LAKES
PLANNING & ZONING BOARD MINUTES
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I. CALL TO ORDER AND ROLL CALL: Chairman Schaps called the
meeting to order asked for Roll Call.
Chairman Schaps turned the meeting over to Vice - Chairman
Robinson for a few comments. Mr. Robinson stated that in
light of some of the things that have happened in the City
over the last few months, Mr. Schaps and I feel that he needs
a vote of confidence from this Board. Everyone is aware of
the so called problem and there has been talk of his
resignation. To my knowledge he has received no citations and
there is no court proceedings at this time. He feels there is
a need for a vote of confidence and I would entertain a motion
to that effect. John Landers stated that he felt Mr. Schaps
has done a good job in the past and is confident that he can
continue. He would like to see him stay on as Chairman. Mr.
Gelbmann seconded Mr. Landers comments. Tom Mesich stated
that there had been some questionable judgement involved.
However, he did not feel that what Mr. Schaps did makes him
unworthy to be on this Board. I think his contributions are
much greater than what has transpired. Mr. Robinson added
that we all have impulses that we may or may not act on.
However, I still feel we have the right to act as private
citizens. If one of us got a speeding ticket, would that
reflect on us as Board members. Mr. Mesich added that the
Board should not condone the construction of the boat launch
without proper permits nor the dismantling of the launch.
However, we do wish to have Mr. Schaps remain as the current
chairman. All voted aye.
II. APPROVAL OF MINUTES: Mr. Robinson moved approval of the
minutes of the April 14, 1993 meeting and was supported by Mr.
Gelbmann. All voted aye. Nordine and Mesich abstained.
Motion carried.
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PLANNING & ZONING MEETING 2
MAY 12, 1993
III. OPEN MIKE: No one was present for open mike.
IV. ACTION ITEMS:
93 -1 -P, Country Lakes Estates, Preliminary Plat - Public Hearing
Mr. Brixius reviewed the staff report and indicated that this
is a request to plat 59 lots with a PDO, Planned Development
Overlay to allow lot size flexibility on this 33 acre parcel.
The applicant has requested and the City would recommend that
lot area be calculated above the ordinary high water mark.
Inconsistencies exist within the City Ordinances in regard to
lot area definition and a determination is necessary in regard
to this plat. Other items addressed by the Planner are
outlined in his report dated May 5, 1993. In summary,
approval of this item was recommended with the following
conditions:
1. The City determine whether the recommended 10,800 square
feet of buildable lot area must be contiguous. If the City
determined that a contiguous buildable area of not less than
10,800 square feet must be provided, then Lots 5 -7, Block 1 of
the proposed subdivision should be reconfigured to meet the
said requirements.
2. A variance be granted to allow block lengths in excess of
1,500 feet in length.
3. PDO be granted to allow lot area flexibility.
4. Easements are established over lands within the 100 year
floodplain.
5. Access permits to County Road 10 are obtained from the
Anoka County Highway Department.
6. A utility plan is submitted subject to review and approval
by the City Engineer.
7. A grading plan is submitted subject to review and approval
by the City Engineer.
8. Drainage easements are established over the site's wetlands
subject to review by the City Engineer.
Mr. Brixius added that this is an essential infill project for
the City and important for the extension of the trunk sewer
line along South Shadow Lake Drive.
• Mr. Schones asked what would happen if lots 4 -5 -6 were not
allowed as platted. Mr. Brixius explained that overall it
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PLANNING & ZONING MEETING 3
MAY 12, 1993
would result in the loss of one lot.
Mr. Granger explained that Lot 6 has approximately 90 -100' of
footage from the front property line to the wetland. There is
a total area of 14,000 square feet. He further indicated that
the land area north of the wetland is significant and would
make a very useable space. It is possible that future
property owners could construct a walkway or bridge to access
the northern portion of their lot(s). It is also possible
that only lot 6 would experience standing water all year.
Kathy Nordine asked if a dock or bridge could be constructed
in a wetland - staff replied affirmatively provided it does
not obstruct the wetland. Mr. Brixius added that eliminating
one of the lots and making them wider would not provide any
additional rear yard - additional width but not depth. Rick
Gelbmann suggested that the Board may want to consider
requiring a certain percentage of the 10,800 square footage to
be contiguous - such as 75 %. Mr. Brixius further explained
that this is a unique situation and he does not know of other
lots in the area that have had this problem. Kathy Nordine
asked if there was a setback requirement from the wetland and
was advised the there is none in this case, however, homes
would be required to be constructed 3' above the ordinary high
water mark. Mr. Mesich stated there is a reason we require
the 10,800 square footage and to deviate from that requirement
is asking for trouble. He suggested we may want to consider
a trail between lots 4 & 5 with a bridge constructed by the
developer. There was also concern expressed that property
owners may not be able to afford the construction of a walkway
to access the rear of their lots. Mr. Granger explained that
these will be expensive lots and he was certain the property
owners would have the means to provide landscaping and
walkways as necessary. Chairman Schaps suggested an agreement
for these lots which would prohibit fences and provide for a
common walkway. Mr. Granger stated that this probably would
not appeal to the property owners because you could
potentially have people walking through your back yard to
access their rear property. Mr. Robinson agreed that a common
easement would take away from the value of the property and
may affect future financing.
Mr. Gelbmann stated that he had walked the site and it seemed
reasonable to him. However, he did express concern about
setting a precedent. Kathy Nordine felt there would be a need
to look at each case individually - it may be acceptable in
this case but not the next depending on the development
characteristics of the site. In this case there appears to be
adequate room available.
Mr. Mesich asked if the state statutes required the land to be
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MAY 12, 1993
contiguous - Mr. Brixius replied only from the lake not from
the wetland. Mr. Brixius also stated that it is possible some
type of mitigation could be initiated to increase the area of
these lots. Mr. Schones stated that he was uncomfortable with
the possibility of three bridges across the wetland in this
area. Mr. Brixius suggested approval with the condition that
mitigation be considered on these lots and that their area be
10,800 contiguous, joint easements be considered, or lots
combined to increase square footage.
MOTION: Mr. Mesich moved approval of the preliminary plat
with the conditions outlined in the staff report and the
recommendation that all of the lots must be a minimum of
10,800 contiguous square feet in area. Ed Schones seconded
the motion. On roll call:
Ayes: Mesich, Schones, Nordine, Landers
Nays: Gelbmann, Robinson
Motion carried
• B. 93 -3 -ACUP, Molin Concrete, 415 Lilac Street, Addition,
Public Hearing
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Mary Kay Wyland reviewed the staff report which indicated that
this is a request to construct a 24 x 36 addition to the
existing building on Lilac Street. Staff has recommended
approval provided certain conditions are met including some
extensive landscaping along Fourth Avenue. In 1984
approximately 80 seedlings were planted on a berm constructed
to provide screening. These seedlings have not survived and
the recommendation is that a row of 6' evergreens, staggered
10' on center be installed along the Fourth Avenue property
line.
Mr. Tom Molin was present and indicated that he had check on
providing the screening recommended and trees half the size
recommended would cost approximately $12,000. Molin operates
on a budget and does not have the means to provide that type
of landscaping at this time. Mr. Molin also indicated that
there is some urgency in constructing the addition as some of
their equipment has failed and they are renting replacement
equipment until the addition can be construction. The staff
recommendation is to install the landscaping prior to any
construction. He agreed that some type of landscaping could
be provided but disagreed with the size requested.
Tom Mesich questioned requiring this screening as a part of
the conditional use permit when it actually was a part of the
4th Avenue reconstruction. He was advised that the Zoning
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MAY 12, 1993
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Ordinance requires landscaping where a commercial zoning
district adjoins a residential area. Also, complaints were
received from adjoining property owners when the Mastel
Rezoning was considered. Mr. Robinson confirmed that the
drought of 1986 -87 probably killed the trees originally
planted. He added that seedlings require a lot of work and
the 6' trees would be more likely to survive. Kathy Nordine
suggested that a bond or Letter of Credit could be posted to
insure completion of a landscaping plan. Mr. Schones asked
what would be agreeable to Molin. Several suggestions were
offered including phasing the landscaping, and /or providing a
plan for city approval with financial guarantees. Mr.
Robinson suggested that some type of mixture of evergreen
trees, deciduous trees and bushes (such as lilac) be provided
to provide an aesthetically pleasing view of the site from 4th
Avenue. It was also suggested that some assurance be provided
that the landscaping will be well cared for.
MOTION: Kathy Nordine moved and was supported by Ed Schones to
approve the conditional use permit with the condition that the
applicant work with City Staff to develop a landscaping plan
with phasing and financial guarantees, and the other
conditions outlined in the staff report. All voted aye.
Motion carried.
C. 93 -4 -CUP, Correctional Facility, 7545 4th Ave, Pole Barn,
Public Hearing
Mary Kay Wyland reviewed the staff report and indicated that
this request is to construct a 40 x 60 pole barn for storage
purposes. The Zoning Code prohibits the construct of pole
barn structures unless storage is limited to lumber, boats and
building supplies and buses. The applicant should be required
to construct a wood frame structure rather than a pole barn
unless storage is limited to the items mentioned.
Mr. Westoff was present representing the correctional facility
and stated that he would be storing lumber, floor tiles, lawn
mowers etc. in the building. The structure will be located
1,000 feet from any property line and will not be visible due
to extensive screening. This particular building will cost
approximately $12,000 and if a wood frame structure is
required it could cost three to four times that. On a limited
budget, this type of structure would not be feasible. Mr.
Westoff added that the correctional facility has two other
metal type structures on the property
Kathy Nordine asked why the code was so specific yet limiting
regarding what could be stored in a pole barn. Mr. Brixius
stated that the wording would provide for lumber yards and
boat sales. Darrell Schneider added that one of the purposes
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PLANNING & ZONING MEETING 6
MAY 12, 1993
in prohibiting the construction of pole barns was the limited
tax capacity received from such construction. In reference to
this particular building, the correctional facility is tax
exempt.
Al Robinson asked if a precedent would be set by granting this
particular permit. Rick Gelbmann suggested two buildings, one
pole barn to house the lumber and an additional building for
other storage. Al Brixius advised that establishing specific
criteria for granting approval would reduce the risk of
setting a precedent. He suggested the following criteria:
a. Building will be set back 1,000 feet from any property
line.
b. Building is for a public use.
c. Non - taxable entity.
d. Building will be entirely screened from adjoining
properties.
e. Principal use of the structure complies with the
ordinance.
f. Building is part of a complex of similar buildings.
After some discussion Al Robinson made a MOTION recommending
approval for the reasons listed above with the condition that
proper building permits be obtained and the color of the
structure blend with the existing buildings on the site.
D. 93 -6 -A, Bill Houle, 8301 24th Ave., Rezoning Public Hearing
Mr. Brixius reviewed this request which is to rezone a 12
acre, 150 wide strip of land north of 80th Street and east of
Interstate 35E from R -BR to L -I, Light Industrial. The
purpose of the rezoning is to allow the erection of outdoor
advertising signs along the Interstate.
Staff has recommended denial of this request as outlined in
the Planning Report because the proposed rezoning has been
found to be inconsistent with the City's Land Use Plan and
would essentially exist as a "spot zone ". Rezonings to allow
for advertising signs is strictly prohibited by the State of
Minnesota and lies contrary to the intent of the Highway
Beautification Act. According to State Statute 750.708,
"Action which is not a part of comprehensive zoning and is
created primarily to permit outdoor advertising structures, is
not recognized as zoning for outdoor advertising control
purposes ".
Mr. Houle was present and stated that he is aware that
development of his property is premature. This particular
request is for the purpose of augmenting his income with the
advertising signs. He stated that if so desired by the P & Z
the whole 240 acre site could be rezoned with 10 acres left
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PLANNING & ZONING MEETING 7
MAY 12, 1993
out for his homestead. Mr. Houle added his site is currently
farmed on a rental basis.
Mr. Mesich indicated concern regarding the statement from the
State of Minnesota indicating that such a request is contrary
to State Statutes.
Mr. Will Lauer, 80th Street, was present and stated that if
this property is rezoned, any commercial use could be
permitted. According to the R -BR Zoning Classification,
development is to proceed from Co. Rd. 14 and then northerly.
He was not in favor of this rezoning. Mr. Bill Lauer was also
present and stated that three or four years ago, Mr. Houle
promoted the R -BR Zoning classification - now he has it. He
did not like the idea of rezoning to commercial. Mr. Steve
Schwister also expressed concern about the domino effect
should this property be rezoned. Would the 240 acres be next.
He did not move into the area for it to become commercial at
this time.
Mr. Houle stated that he would be willing to give the Board a
letter that he has no intention of developing at this time.
The rezoning is only to allow four (4) advertising signs.
Kathy Nordine stated that the Board should consider the
overall picture. We will be opening up the property to a
variety of uses, she also expressed concern about a domino
effect. Chairman Schaps agreed and stated that if the only
reason is to allow the advertising signs - that is against
State Statutes.
Ed Schones made a MOTION and was supported by John Landers to
deny the rezoning as requested. All voted aye. Motion carried
to deny rezoning.
E. 93 -7 -P, Steve & Pat Leese, 74 Marvy Street, Blanket
Subdivision for Lots North of Apollo Drive.
Mary Kay Wyland reviewed the staff report which requested
approval of a "Blanket Subdivision" for Lots 5 & 6, Block 11
and Lots 1 through 6, Block 12 to split off approximately the
south 160 feet of their property into two building sites.
These new sites would be served by utilities off Apollo Drive.
As a condition of approval, staff is recommending that the
property owners sign a form indicating they will not petition
against utilities when and if they are extended on Marvy
Street.
Mr. Leese was present and had a serious objection to the
requirement that he not be allowed to petition against the
extension of utilities on Marvy Street. He stated that he was
not aware that this would be required and would like an
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PLANNING & ZONING MEETING 8
MAY 12, 1993
opportunity to speak with the other property owners to get
their input on this item.
Mr. Mesich stated that he did not agree with this requirement
as it was merely circumventing the City Charter. Mary Kay
explained that it has been policy to require this when we are
adding to the non - conformancy of unsewered lots less than 10
acres in size.
After some discussion John Landers MOVED and was supported by
Kathy Nordine to table the request to allow the applicant time
to discuss the matter with the adjoining property owners. All
voted aye. Motion carried.
F. 93 -8 -P, Steve & Deanna Haeq, 171 White Pine Road, Lot Split
Mary Kay Wyland reviewed this request which is to split off a
90 x 170 (approximately) piece of property from a larger
parcel. The site is serviced by sewer and water and further
subdivision is unlikely due to extensive wetland. Staff would
recommend approval with the following conditions:
a. 33' of right of way be dedicated for White Pine Road
if not already dedicated.
b. a $500 park dedication fee be collected prior to
recording the lot split.
c. 10' drainage and utility easements be provided around
the entire perimeter of the newly created lot.
d. an easement be provided for the extension of utilities
to serve the property.
e. a Certificate of Survey be provided prior to recording
of the simple lot split.
John Landers made a MOTION recommending approval and was
supported by Kathy Nordine. All voted aye. Motion carried.
G. Adult Activities Ordinance - Continuation of Public Hearing
At 8:55 P.M. Tom Mesich made a motion to continue the Public
Hearing on the Adult Activities Ordinance to the June 9th
Planning & Zoning Meeting. Al Robinson seconded the motion.
All voted aye. Motion carried.
H. Public Hearing - PUD Ordinance
Al Brixius advised the Planning & Zoning Board that the PUD,
Planned Unit Development Zoning District, functions as a
development procedure whereby a mixing of buildings and uses
can occur which cannot otherwise be addressed by the base
zoning district. The existing PDO Planned Development Overlay
District provides that only the permitted and conditional uses
identified in the base zoning are allowed. He reviewed the
proposed ordinance and asked for comment.
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PLANNING & ZONING MEETING 9
MAY 12, 1993
Chairman Schaps stated that this was a very powerful tool.
Rich Gelbmann indicated that it will be helpful in the
development of wetland areas. Tom Mesich asked if zoning
regulations are mandated by State Statutes and Mr. Brixius
replied that they are.
After some discussion Tom Mesich moved approval of the PUD
Ordinance and was supported by John Landers. All voted aye.
Motion carried.
V. DISCUSSION ITEMS
A. Concept Review - Behm's Century Farms
Mr. John Johnson and Mr. Gary Uhde were present to discuss
this item. Mr. Johnson explained that the request involves
approximately 95 acres of land north of Lilac and west of
Fourth Avenue for a total of approximately 161 building sites.
A rezoning to R -1 Residential is being proposed. The density
is planned for 1.7 units /acre due to extensive wetland in the
area. The R -1X zoning classification provides for density of
2.5 units /acre. Preliminary discussion with the watershed
district has resulted in no major concerns.
Some comments from the Planner included the following:
a. Block 10 needs to be modified to adhere to maximum
1,500 foot block length requirement.
b. Block 5 cul -de -sac should align with street locations
on development plan.
c. Thomas Street cul -de -sac should be modified to meet
maximum 500 foot length requirement.
d. Lot area be calculated above OHWM for all proposed
lots.
e. Rezoning application be pursued.
f. MUSA trade be pursued.
g. Review by Park Board, City Engineer, and others.
h. Cost of extending utilities must be born by developer.
Mr. Gelbmann stated that he found it encouraging that
developers seemed to be trying to work within the constraints
of the new wetland laws. He asked if the land uses in the
area were compatible - Air Park /Residential development. Mr.
Robinson asked if it was feasible to extend the sewer as
proposed. Mr. Schneider stated that the developer and his
engineer are working with John Powell, TKDA, to make a
determination in this regard. If there are any less than 150
units it may not work. Kathy Nordine asked if the MUSA Trade
was a real possibility and if the traded land would have to
necessarily include wetland. Mr. Mesich asked if there is any
information on the percentage of R -1 land that is already
developed. Darrell indicated that we do have a data base to
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PLANNING & ZONING MEETING 10
MAY 12, 1993
work on this information and that we are in the process of
preparing a growth study. He further indicated that one of
the City's biggest problems is servicing large lots with sewer
and water. This proposed development is an opportunity to
bring sewer and water closer to areas that may need it in the
future. Mr. Mesich disagreed that sewer was necessary to
serve all lots. Darrell explained that the City is seeing a
lot of distressed on -site systems.
In regard to the MUSA Exchange, Mr. Brixius reviewed some
criteria he would like to propose the City use in reviewing a
MUSA expansion /trade. The criteria would provide a uniform
foundation for decision - making in these matters so as to avoid
potential legal problems in the future. Mr. Mesich asked if
we consider a land trade would property owners be notified.
Mr. Brixius stated that most likely they would but this should
be something we establish in our review criteria. Mr.
Gelbmann questioned if some type of compensation would be
necessary and what affect MUSA has on the tax base. Chairman
Schaps asked if other communities have such criteria and was
advised that some of the points outlined by Mr. Brixius came
from other communities.
After some discussion Chairman Schaps suggested this item be
discussed at the next Planning & Zoning meeting and that
copies be forward to the Council for their review.
B. Budget Auto - John Landers asked if the PCA has been
monitoring this site and was advised that they had been
contacted. Mary Kay will call him with the results.
C. Tom Mesich asked if the P & Z was aware that a Council
member has been collecting $100 deposits from persons
interested in the senior housing project. He had some other
questions regarding the occupancy of the project - rental yrs.
ownership. Mr. Uhde was present and stated that it is his
understanding that some items had change but have now changed
back to rental. Federal funding has been a hold up.
VI. ADJOURNMENT - Upon the unanimous consent of the Board the
meeting was adjourned at 10:10 P.M.