HomeMy WebLinkAbout12/08/1993 P&Z Minutes•
Planning & Zoning Board
December 8, 1993
CITY OF LINO LAKES
PLANNING & ZONING BOARD MINUTES
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I. CALL TO ORDER AND ROLL CA11:
II. APPROVAL OF MINUTES: John Landers made a motion and was
supported by Al Robinson to approve the minutes of the
November 10, 1993 meeting as submitted. All voted aye.
Motion carried.
• III. OPEN MIKE: There was no one present to speak under Open Mike.
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IV. ACTION ITEMS:
A. 93 -5 -P, Oaks of Lino, Aspen Lane Subdivision
Planning Coordinator Wyland reviewed this case which has been
before the P & Z in previous months. The final design
provides for 9 lots on approximately 9.3 acres of property
zoned R -1 Residential. The RCWD has reviewed the mitigation
plan and recommended approval. They will be reviewing the
grading plan at their Dec. 29th meeting. The City's
Engineering Consultant, John Powell, has reviewed the revised
plan and recommended approval with some qualifiers outlined in
his report dated Dec. 16, 1993. The Planning Consultant has
also recommended approval as outlined in the Dec. 6. 1993
Planning Report which includes approval of a variance for cul-
de -sac length and irregular lot shapes.
After some discussion, Ed Schones moved and was supported by
Al Robinson to approve the preliminary plat for the Oaks of
Lino as presented, with the conditions outlined in the staff
reports of Dec. 6, 1993. All voted aye. Motion carried.
B. 93 -21 -P, Willow Ponds, Elm Street, Subdivision
Planning Consultant Brixius reviewed this item which involves
a 13.6 acre property north of Elm, south of 35W and just east
of Sunset (the former Senior Cottages project). The request
is to plat 27 single family lots. The property is currently
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Planning & Zoning Board
December 8, 1993
zoned R -4 with a PDO originally intended to serve the Senior
Cottages project. To facilitate this project, a rezoning of
the site to R -1 is necessary but has not yet been scheduled.
Staff would, therefore, recommend tabling of this item until
the applicant applies for a rezoning of the site.
In a brief summary, Mr. Brixius explained that utilities are
available to serve this site and the property has been
previously assessed. The proposal submitted appears workable
- the property is within the MUSA, this is a logical infill
development, lots exceed the R -1 requirements for area, and
the general layout of the plat appears acceptable.
Chairman Schaps advised the P & Z that a petition has been
received from 16 property owners in the area who are opposed
to a rezoning to R -1 and want the property to remain R -4 with
the PDO Overlay. There was no one in the audience to speak to
this petition. However, Planning Board Member Landers
indicated that the residents in the area would like to see the
senior project go forward. They do not want the additional
traffic that would result with a single family development.
The original S -F development showed only 13 lots - that would
be acceptable.
Mr. Gary Uhde, developer, was present and explained some of
the history of this property to the P & Z. In 1989 utilities
were installed and assessed. Denny Erickson purchased the
property and proposed a town home development which was
denied. Then a plat similar to the one presented was
submitted but later withdrawn by Mr. Erickson. The property
then diverted to the previous owner, Tilsen. In Feb. of 1992
Mr. Derek purchased the site for a Senior complex which was
approved by the P & Z and CC. Unfortunately, financing has not
been secured for this project and the purchase option was
canceled in October of 1993. The senior project could be
delayed 6 months to two years or more. Mr. Uhde is anxious to
develop the site and has therefore resubmitted the R -1
proposal.
Mr. Schones asked what bearing the petition has on the
proposal. Mr. Brixius explained that it is merely the opinion
of the property owners who signed it - citizen input. The P
& Z is charged with determining if the proposed land use is
acceptable and fits in with the City's Zoning Ordinance and
Comprehensive Plan. They are not to be directed solely by
public input but by comprehensive planning for the community.
Mr. Robinson asked what merit there would be in denying a
request based on neighborhood opposition when the developer
meets all the requirements of the code. Mr. Schaps stated that
he believed some consideration should be given to neighborhood
input even though "controlling and dispotive ". Mr. Mesich
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December 8, 1993
commented that the only reason the property was rezoned to R -4
was to provide for the Senior Cottages. Mr. Brixius stated
that although that was the reasoning, a property can not be
rezoned for a specific use - that is why the PDO Overlay was
included with the R -4 rezoning - to provide additional control
over the development of the properties. However, any R -4 use
could submit plans for a PDO for this property and the City
would be required to provide appropriate review of the
request.
A resident, Mr. J. P. Houchins, asked what type of barrier is
proposed between the properties and the freeway. Mr. Johnson
explained that a 5 -6' berm with 8' evergreens staggered on
either the top or sides of the berm is proposed.
Mr. Robinson then made a motion and was supported by Mr.
Mesich to table the request and continue the Public Hearing
until the January meeting, provided a rezoning application is
submitted. All voted aye. Motion carried.
C. 93 -22 -P, Fox Trace, Subdivision -Ware Rd /Hodgson Road
Mr. Brixius explained that this is a request to plat 55 lots
on a 25.67 acre parcel of property (2.6 units /acre) just north
of 62nd Street between Ware Road and Hodgson Road. The
property is Zoned R -1 Residential. Several concerns were
outlined in the staff report including wetland mitigation,
findings regarding the vacation of 62nd Street, modification
of plat to avoid wetlands, RCWD review, isolation of Lot 6,
additional depth on Lot 1, Block 1 and Lot 21, Block 2, and
other items. Staff has recommended this request be tabled
until RCWD has reviewed the wetland delineation and
mitigation /grading plans and until staff has had more time to
review other items of concern.
Mr. Clyde Rehbein was present and stated that he has met with
Kate Drewry of the RCWD and made some modifications to the
plat according to her suggestions. These modifications have
reduced the number of lots. Peterson Environmental has done
a wetland delineation and an application will be submitted for
review by RCWD. He indicated that the P & Z has given concept
approval and they are seeking approval of the preliminary plat
contingent upon items listed in the staff report.
Al Robinson stated that he has a concern regarding mitigation
and problems which could occur if the plat is approved before
reviewed by RCWD. Mr. Mesich asked about access to the
property to the south and a temporary cul -de -sac. Planning
Coordinator Wyland explained that the property owner to the
south had contacted the City today and expressed concern
should his property become land- locked. It was further
explained that if any right -of -way is to be vacated, a public
hearing would have to be held to consider said vacation.
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December 8, 1993
Peggy Carol, resident, was present and asked if sewer /water
would be going down Hodgson Road and would they be required to
connect. She was advised that sewer /water would probably not
be extended down Hodgson and even if it were they would not be
required to connect because of the guarantees outlined in the
City Charter.
After some discussion Ed Schones made a motion and was
supported by Kathy Nordine to table the request and continue
the public hearing to the January meeting of the Board. All
voted aye. Motion carried.
D. Interim Use Ordinance
Mr. Brixius reviewed the Interim Use Ordinance and advised the
P & Z that the purpose of this Ordinance is to accommodate the
recently adopted Home Extended Business Ordinance with
established provisions, similar to a CUP, and the added
condition of a termination date upon which the use will be
removed.
Kathy Nordine asked if the permit expired would the property
owner be able to reapply. Mr. Brixius replied that they
would. Mr. Mesich felt the ordinance was a good idea but may
need additional teeth in regards to penalties and violations.
Mr. Schaps explained that a violation of the Zoning Code is a
misdemeanor which should be adequate for enforcement.
After some discussion, Ed Schones moved adoption of the
Interim Use Ordinance and was supported by Al Robinson. All
voted aye. Motion carried.
E. 93 -23 -V, 6677 Sandhill, Variance
Planning Coordinator Wyland explained that this variance
request is to allow a single family home to be constructed 23'
from the front property line. The site is Zoned R -1X with a
PDO that, in part, provides a front setback on Sandhill Drive
of 25'. The site in question has some poor soils that can
best be avoided by moving the home closer to the front
property line.
Staff has reviewed the request and would recommend approval as
it appears to meet the six (6) criteria outlined in the Zoning
Ordinance concerning issuance of a variance. A condition of
approval would be the completion of soil borings to confirm
that soil corrections are feasible and issuance of proper
building permits.
Mrs. Larson was present and stated that the excavator had
found the poor soils and has indicated that he believes
correction is possible if the home is pushed 8' further toward
the street. They have removed a 6' front entry /porch and need
the additional 2' variance to avoid the poor soils. Reducing
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December 8, 1993
the size of the house plan is not an option due to the size of
the Larson family. Additionally, Mrs. Larson would like
approval of the variance before spending additional funds for
further soil work. One of the adjoining property owners has
indicated no objections to the request, the other owner could
not be contacted prior to the P & Z meeting.
Kathy Nordine stated that there appears to be a true hardship
in this case and the request meets the criteria established
for granting variances. Mr. Schones felt this was a case
where a variance should be considered.
Mr. Robinson made a motion and was supported by Ms. Nordine to
approve the variance with the condition that soil borings be
obtained and reviewed by the building inspector, soil
corrections made if feasible, and proper building permits be
issued prior to any construction. All voted aye. Motion
carried.
V. DISCUSSION ITEMS:
A. Lamotte /Whitcomb Rezoning - Mr. Brixius explained that the
City is considering a rezoning of the Lamotte /Whitcomb
properties, south of Birch Street and West of 12th Avenue
adjacent to Holly Drive, from R -1 Single Family Residential to
R -1X Single Family Executive Residential. The purpose of this
rezoning would be to encourage higher value homes.
Both the R -1 and R -1X classifications are consistent with the
Comprehensive Plan which provides for this area as Urban
Residential. Mr. Brixius briefly explained the differences in
the two zoning districts (explained in detail in the staff
report dated 12/6/93) and added that rezoning to R -1X would be
consistent with existing conditions and current land uses in
the area.
Al Robinson asked if the property owners were aware of this
proposal and Mr. Brixius advised that they had not been
notified as of yet. Mr. Schaps stated that the recommendation
appears to be compatible with the area.
Mr. Brixius added that we could consider the R -1 zoning with
an R -1X lot width as it seems the larger width dictates a
larger home with a 3 -car garage - typical of the R -1X value.
The general consensus of the P & Z was that this idea seemed
reasonable. Staff will notify property owners and prepare for
a public hearing on a rezoning of the properties.
B. OTHER: Al Robinson stated that there is a lot of wind and
water erosion occurring because developers /builders are not
adhering to the City's policy of providing silt fences around
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December 8, 1993
development sites. He asked what kind of enforcement of these
provisions is in effect and what the City can do about it.
Darrell Schneider explained that the developers have a
Development Agreement which outlines the erosion control
requirements. Our enforcement can include holding back on
building permits or cashing financial guarantees if work is
not done correctly. Staff will bring a report to the next P
& Z meeting summarizing the existing developments.
James Schaps stated that this is his last meeting with the P
& Z. He is not seeking reappointment due to business and
family constraints. He indicated that he has enjoyed working
with both the P & Z members and the staff. He will miss the
involvement and thanked all concerned.
VI. ADJOURNMENT: Upon the unanimous consent of the Board the
meeting was adjourned at 8:50 P.M.