HomeMy WebLinkAbout03/14/1990 P&Z Minutes•
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DESIGN REVIEW BOARD MEETING
March 14, 1990
Vice - Chairman Al Robinson called the regular meeting of the
Design Review Board to order at 7:00 p.m. at the Lino Lakes
City Hall. Members present were: Vice- Chairman Al Robinson,
Board Members Monika Slatten, Robert King, and John Bergeson.
Also present were: Mayor Harold Bisel, City Planner, John
Miller; Building Official, Pete Kluegel; City Engineer's Dan
Boxrud and Darryll Schneider; and Planning Secretary, Laura
Elken.
CONSIDERATION OF MINUTES
Page 2 under the variance motion. Robert King seconded the
motion. That was added in the minutes.
Robert King moved to approve the February 14th minutes as
corrected. John Bergeson seconded the motion and the motion
was approved.
MINOR SUBDIVISION FOR WAYNE AND CHERYL NELSON, APPLICATION
#90 -12.
The applicants own a residential lot located in Ulmer's Rice
Lake Addition. The lot is the site of their single - family
residence which fronts on Rice Lake Drive. Sanitary sewer
and water will be available on Second Avenue this year.
Nelson's lot is an interior lot.
The applicant is requesting a minor subdivision to divide the
45,000 square foot lot into four city -sized lots. The two
parcels adjacent to Second Avenue will be 75 x 145 feet
covering an area of 10,875 square feet.
The parcel on Rice Lake Drive is the location of the Nelsons'
house measures 80 x 155 and covers an area of 12,400 sq. ft.
The lot is an extra five feet wide to give the garage the
required five foot setback from the side lot line. The
Nelsons' builder located the house too near the center of the
property. The same condition exists on the lot immediately
north of the applicants.
The second lot on Rice Lake Drive will have only 70 feet of
frontage but will be 155 feet deep providing an area of
10,850 square feet. At present no sewer or water is
available to residents on Rice Lake Drive and the Nelsons
will not be able to hook -up to the utilities. As a result
parcel B will not be buildable. The Nelsons understand this
and will combine it to the lot with their residence for tax
purposes. When utilities eventually become available the lot
can be sold - not before - and the Nelsons are cognizant of
this.
MOTION: John Bergeson moved to recommend to the city council
approval of Application #90 -11 to permit a minor subdivision
of land for Wayne and Cheryl Nelson for land on Rice Lake
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DESIGN REVIEW BOARD MEETING
March 14, 1990
Drive. Approval to be contingent upon payment of a $1200
park fee and combination of parcels A and B for tax purposes.
Mr. King seconded the motion and the motion was approved
unanimously.
MOTION: Mr. King moved to recommend to the city council
approval of Application #90 -12 to grant a variance to Wayne
and Cheryl Nelson permitting creation of three residential
lots with frontages 70 and 75 feet based upon findings as
required in Section 5, Subd. 7 of the city's zoning
ordinance. Mr. Bergeson seconded the motion and the motion
was approved unanimously.
REVIEW PRELIMINARY PLAT FOR PINE RIDGE, RICK CARLSON,
APPLICATION #90 -13 AND REZONE APPLICATION, #90- -14.
Rick Carlson addressed the board. He is proposing
development of two parcels of land known as the Soukop
property and the Barrott property. Shenandoah Addition is
just north of this property.
Carlson is proposing 188 lots, the density is approximately
1/3 of an acre per lot, or 14,000 square feet per lot.
The plat did receive approval from the park board to
incorporate a 5 acre parcel for park land within phase 2 of
development, and a cash park dedication for approximately 60
lots within phase 1. Trail systems are designed to loop
through the area.
Ted Mahtke, the Landscape Architect stated that there are
problems with the plat. The water table is high, and water
has to be stored on - -site and released slowly. Three ponds
are planned for the subdivision to help alleviate this
problem.
The applicant is also requesting to rezone the land from its
present R -1X Single - Family Executive zoning to R -1 Single- -
Family. Carlson stated that the construction of the
preliminary plat has exposed problems that make it virtually
impossible for me to market R -1X executive homes. He stated
that preliminary grading plans indicate high water tables and
shortage of on - -site fill material that limits full basements
construction to scattered areas of only 10% of the
development.
Carlson is proposing development in two phases. Phase 1 has
access to city sewer. Once sewer is available within phase 2
development will begin.
John Bergeson asked if phasing was discussed at park board
level. Mr. Carlson said that initially when he presented his
plat to the park board he was proposing an 8 acre park.
There was a pond within this park of close to three acres.
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DESIGN REVIEW BOARD MEETING
March 14, 1990
The park board did not want to accept the pond as part of the
park dedication, but the park board is aware that development
will occur in phases.
John Bergeson asked about the trails going through the plat.
He wanted to know if the property owners would own all the
way back to the trail, or will the developer or city have
ownership of the trails.
Ted Mahtke stated that Lino Lakes City Attorney is being
notified regarding this issue. Ted Mahtke stated that he
hopes the city will maintain the liability of the trails.
Robert King asked about the swales within the development.
Could the pipes freeze up and cause flooding? Mr. Mahtke
stated that if the pipe does become plugged, then the water
will go through the swale. Dan Boxrud stated that he is
confident that this can be worked out, keeping basements 2'
above flood level. Dan said that all of the lots are
buildable, it will have to be determined what style of home
can be built on which lot.
Monika asked if the Corp of Engineers or Rice Creek Watershed
District have been notified yet. Ted Mahtke said that it has
• not gone before those boards yet. The problem is that the
RCWD asks for approval from the city before it is brought
before the RCWD.
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After further discussion a motion was made.
MOTION: John Bergeson moved to recommend to city council
approval of a rezone from R --1X to R -1 of the Barrot Soukop
property, application #90 -14. Monika Slatten seconded the
motion and the motion was approved.
MOTION: Mr. King moved to recommend to the city council
approval of the preliminary plat for Pine Ridge, Application
#90 -13 as stated in the plans. Monika Slatten seconded the
motion and the motion was approved.
CONDITIONAL USE PERMIT AND VARIANCE FOR THE UNITED POWER
ASSOCIATION, APPLICATIONS *90-03 AND #90 -02.
Doug Uhrhammer, from Anoka Electric, presented a map to the
board that shows the land use plan for Anoka Electric. He
stated that in Lino Lakes there will be a considerable amount
of Light Industrial businesses going up around the 35E
corridor. This will create a bigger demand for Anoka
Electric to supply power to Lino Lakes.
Mr. Uhrhammer explained that Anoka Electric Cooperative is a
distribution cooperative, they install power to individual
homes, and supply electricity. the United Power Association
is the company that provides the power lines, and builds
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DESIGN REVIEW BOARD MEETING
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them. UPA also supplies electricity to Anoka Electric Coop.
John Gazol, Manager of Engineering and Planning for the UPA
spoke to the board and explained to them why a substation is
needed. He stated that the region is served by three
substations. One in Hugo, Vadnais Heights, and Circle Pines.
The UPA is proposing a substation on property next to Schwing
America, about a quarter mile south of Lino Lakes in White
Bear Township. This substation will pick up areas along 35E.
Gary Ostrom, Senior Field Supervisor from United Power
Association stated that he is in charge of finding a place
for the substation and finding a home for the power lines.
He said that he looked at a number of areas for the site. He
feels that on Centerville Road and County Road J is the best
spot for the poles. He said that the substation has found
its home, now they need to find a site that will work out the
best for the power poles.
Mr. Ostrom showed the board an artists conception of what the
power lines will look like. He stated that it is the UPA's
intent to replace two poles with three poles. Each pole
would be 55 feet tall, The third pole will be a tap pole to
hold the tension created by the transmission line. Adjacent
to the tap structure would be a wood pole. The UPA needed to
maintain a 55' height in order to comply with the state code.
Mr. Ostrom stated that it is a fairly minor proposal to the
city. UPA has to have that substation.
Mr. Ostrom went through Section 5, Subd. 5 of the zoning
ordinance addressing procedures in dealing with conditional
use permits. He stated that in his opinion the changes are
insignificant, in fact, a good reliable transmission line
will be necessary for Lino Lakes. He said its inevitable, as
the city grows, more power lines will have to grow with it.
In Mr. Ostrom's opinion the power lines will not decrease
property values.
John Miller addressed Section 5, Subd. 5 of the zoning
ordinance in dealing with conditional use permits.
In part it states:
The Planning Commission shall recommend a Conditional
Use Permit and the council shall order the issuance of
such permit only if it finds that such use at the
proposed location:
(A) Will not be detrimental to or endanger the public
health, safety, morals, comfort, convenience or
general welfare of the neighborhood or the city.
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DESIGN REVIEW BOARD MEETING
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(B) Will be harmonious with the general and applicable
specific plans and policies of the Comprehensive
Plan of the city and this ordinance.
(C) Will be designed, constructed, operated, and
maintained so as to be harmonious and appropriate
in appearance with the existing and /or intended
character of general vicinity and will not change
the essential character of that area.
(D) Will be served adequately by essential public
facilities and services, including streets, police
and fire protection, drainage structures, refuse
disposal, water and sewer systems, and schools; or
will be served adequately by such facilities and
services provided by the persons or agencies
responsible for the establishment of the proposed
use.
(E) Will not create excessive additional requirements
at public cost for public facilities and services
and will not be detrimental to the economic welfare
of the community.
(F) Will not involve uses, activities, processes,
materials, equipment and conditions of operation
that will be detrimental to any persons, property,
or the general welfare because of excessive
production of traffic, noise, smoke, fumes, glare,
or odors.
(G) Will have vehicular approaches to the property
which are so designed as not to create traffic
congestion or an interference with traffic on
surrounding public thoroughfares.
(H) Will not result in the destruction, loss, or damage
of a natural, scenic, or historic feature of major
importance.
(I) Will conform to specific standards of this
ordinance applicable to the particular use.
Section 5, Subd. 7 of this ordinance deals with variances.
In brief, it states that in granting any variance the city
must make six findings of fact. They are:
1. That the property in question can not be put to a
reasonable use if used under conditions allowed by
the official controls.
2. That the plight of the landowner is due to
circumstances unique to his property not created by
the land owner.
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DESIGN REVIEW BOARD MEETING
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3. That the hardship is not due to economic
considerations along and when a reasonable use for
the property exists under the terms of the
ordinance.
4. That granting the variance requested will not
confer on the applicant any special privilege that
would be denied by this ordinance to other lands,
structures, or buildings in the same district.
5. That the proposed actions will not unreasonably
diminish or impair established property values
within the neighborhood.
6. That the proposed actions will be in keeping with
the spirit and intent of the ordinance.
In addition, the city council passed ordinance 12 -89 on
January 8, 1990. That ordinance limited the height of
utility poles to 45 feet in residential districts. It
stated:
The location, appearance, and height of utility poles,
towers, and other electrical appurtenances shall be
considered a conditional use within each of the city's
zoning districts.
John Miller spoke about yet another issue. When the power
line was built in 1965 the UPA bought a 35 foot easement from
the Hawkins. However, the electric coop took a "blanket
easement" on the Hawkins land. It was only when Hawkin's
daughter and son -in -law wished to build a house on part of
the farm did the lending agency discover the easement. The
UPA removed the blanket easement, but kept an easement for 50
feet of land, not the original 35 feet. The landowners were
not paid for the additional 15 feet.
Patrick Cairns, Land and Land Rights for the UPA stated that
this issue is between the Hawkins and the UPA. Mr. Kens
stated that Mr. Miller has raised a lot of issues.
The Hawkins and the Donlin's (Mr. Hawkins' daughter), have
been very conservation oriented. Presently they are
attempting to reestablish osprey to the area and the work
they've done with Lake Amelia has greatly enhanced its wild
life capacity. It is now part of the local waterfowl flyway
extending to other lakes south and west of Lake Amelia.
Birds coming north across County Road J are gliding to land
on the lake. The wires from the power line present an
obstacle and have resulted in the loss of birds especially in
the spring with increased deaths of young, inexperienced
waterfowl. A heightened power line certainly will not lessen
the hazard and will probably increase it. From a wild life
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DESIGN REVIEW BOARD MEETING
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point -of -view the power line is in the wrong place.
Art Hawkins, property owner where the power lines are now
sitting addressed the board. He stated that he has met with
UPA representatives four times. All the proposals presented
to him would add taller, bigger poles adjacent to our
property. In fact, Mr. Hawkins feels the power line sits in
the nicest area of the property. Every time he met with UPA
they were not willing to admit that the land value would
decrease. They played down and minimized the fact that there
is a health issue. Mr. Hawkins stated that it has become a
civic duty as a property owner that he play a game of
bargaining.
Mr. Miller brought up the fact that eventually County Road J
will be improved. Mr. Miller felt it is a good probability
that additional right -of -way will be required. Mr. Miller
asked should a power line be rebuilt in an existing right -of-
way only to be removed within less than five years? And, who
pays for it?
Patrick Cairns stated that if and when County Road J is
widened, that State Aid funds may be available. Mr. Kens
went on to say that moving the line 1/4 mile in order for it
to be in an industrial area in White Bear Township would be a
substantial cost. The UPA has to conduct business in an
economical way. He said that he cannot justify moving the
power line to White Bear Township. Anoka Electric
Cooperative is a cooperative that if the cost to them goes
up, the cost to the resident with AEC will also go up.
Dan McConna, Manager of Environment and Land for UPA
discussed the health issue due to living near the power
lines. According to Science, the UPA is being told that
there is no evidence that the power line possesses a threat
to owners living near the power lines. Although he did admit
that the media has painted a bad picture.
He went on to say that it is presently unclear what type of
affect it may have on you being near any magnetic field and
electrical devices. The UPA can only tell you what the
studies have shown. Studies have been done with both animals
and humans, and no adverse affects have been shown.
Mr. McConna said that it may even be harmful to be in the
council chambers with the amount of light in the room. No
one is sure of its link to cancer.
The main problem is the media has a tendencies to dramatized
this issue, and that does affect the market value.
The New York Supreme Court had a case involving 60 land
owners. The land owners said that their property value was
reduced, and asked that the power authority pay the
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DESIGN REVIEW BOARD MEETING
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difference. The land owners lost the case. The Supreme
Court stated that science dictates no problems, but
perception is a problem.
He also discussed bird strikes. Mr. McCollin said that the
UPA is only talking about modification of an existing line.
There will be no more conductors, and the poles are only
going to be three feet higher. In his opinion the number of
bird strikes should not change.
Mr. Uhrhammer stated that he is part of a utility company.
Whatever costs occur to the utility company are passed down
to the resident.
Pat Cairns stated that the UPA has met the intent of the
zoning ordinance, modifications are minimal. He stated that
we believe we have met the requirements asked of us and
respectfully ask for your approval.
Any Donlin stated that she feels the UPA and AEC are brushing
off all the health hazards. She said there is a real fear
with the residents living near the power line. She said that
a person from every house on the block has had cancer. The
fear is real.
Monika stated that she appreciates all the work and thought
that went into the presentation by the UPA and AEC. She is
on the board to look at Lino Lakes and how she would like to
see it improve. She stated that this is a city entrance.
She would like to see the power line moved.
Monika stated that in her opinion property values would be
lowered. We, as a board, can look at studies and time is the
only proven factor. If there is even a hint that there was
danger involved - there would be fear.
Robert King has not heard about the other possible locations
for the power line. He would like to see more options
discussed.
John Bergeson asked about how many customers are served by
AEC in Lino Lakes. Doug Uhrhammer stated that approximately
1 /3rd of the city is served by AEC. John Bergeson said that
if the substation is in White Bear Township, you should also
locate the lines there. Health concerns also affect Mr.
Bergeson.
Gary Ostrom approached the board one last time. He said that
he feels this is the best site. There is already an existing
power line. We are only proposing to change the corner
structure. If we go away the line will still be there. He
cannot justify moving the line. Why would we want to go
somewhere else, this is just a minor adjustment.
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DESIGN REVIEW BOARD MEETING
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John Bergeson asked about the road improvement at County Road
J. He said that someone must know when the proposed
improvement may happen. Doug Uhrhammer stated that the road
will be improved within a 10 to 15 year period. He thinks
that the county will improve the road with the same right -of-
way.
Gary Kosterlicki lives north of this area. He stated that
the whole purpose of this is long range planning. He feels
that spending money to relocate the power line now will be a
lot cheaper than if it is done ten years from now.
MOTION: John Bergeson moved to recommend to the city council
denial of application #90 -03 for a conditional use permit by
the United Power Association based on the opinion that
another route could be found. Monika Slatten seconded the
motion and the motion was approved unanimously.
A public hearing will be requested at the council meeting on
the 26th. The public hearing will go before council on the
seconded Monday in April.
Patrick Cairns presented the secretary will the official
request to be put into the record. This is attached to the
end of the minutes.
MOTION: Robert King moved to recommend to the city council
denial of application #90 -02 for a variance on the height of
the permitted power poles. Monika Slatten seconded the
motion and the motion was approved unanimously.
The reasons for denial of the conditional use permit are as
follows:
1. The power line has not been shown to promote the
public health and general welfare of the
neighborhood and city.
2. The power line will not be harmonious with the
general and specific plans and policies of the
comprehensive plan of the city.
3. The power line will not be designed and constructed
so as to be harmonious and appropriate in
appearance with the existing and intended character
of the general vicinity.
4. The power line will create excessive additional
requirements at public cost for public facilities
and services and will be detrimental to the
economic welfare of the community.
5. The power line will result in continued destruction
of natural and scenic features.
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DESIGN REVIEW BOARD MEETING
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6. The power line will not conform to the specific
standards of this ordinance applicable to the
particular use.
The reasons for denial of the variance is as follows:
1. The variance request is due to economic
considerations of applicant alone.
2. The variance request would grant to the applicant
special privilege that would be denied by the
zoning ordinance to other structures in the same
district.
3. The proposed actions would unreasonably diminish or
impair established property values within the
neighborhood.
4. The proposed action is not in keeping with the
spirit and intent of the zoning ordinance.
9:28 p.m.
MINOR SUBDIVISION FOR DARLA LOWELL, APPLICATION *90 -09.
Darla Lowell said that when they purchased this parcel it was
because they liked the area and that they called the City of
Lino Lakes and they purchased a ten acre parcel that was
zoned for possible subdivision of 2 1/2 acre parcels.
The applicant purchased the parcel with his brother and
sister -in -law, with the intention of building homes next to
each other.
They are located on Elmcrest and their property is adjacent
to an easement on the north side of the parcel. The
applicant petitioned the city for the street to be
constructed. The petition was signed by 50% of the
residents, but once the costs were discussed, many of the
residents decided they did not want the road.
John Miller stated that the parcel that the Lowell's own has
332 feet of frontage of 24th. It has a depth of almost a
quarter mile. The Lowells wish to divide the land into
parcels 332 x 656 feet. Only one of them would have frontage
on 24th Avenue. It is proposed for the other lot to have a
driveway from 24th following a road easement on the north
side of the first parcel. This parcel is located within the
MUSA boundary. Sewer will be available long before 2010.
Residential development with sanitary sewer and water will
start in 1991 on the city's east side.
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DESIGN REVIEW BOARD MEETING
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The applicant has the feeling that once construction starts
in this area that the street will not be developed. They
would like to put in a road giving access to the lot. They
feel they are being penalized. They feel that if they
subdivide and four houses are built on this parcel, that will
give the city more money, rather than just building one house
on the parcel. The neighbor across the street is now using
the easement for his driveway.
Jo Tomillo, Darla's father, is also a Realtor. He said that
in the area of Centerville, Vadnais Heights, and Lino Lakes
there is a great need for development, but it may be a long
time before those lots are sold. He feels it is a shame that
this is happening to the Lowell's.
John Miller said that he empathizes and is sympathetic to the
plight of the applicant. He feels that if they would like
access to the lots, they will have to put in the road up to
city standards.
Al Robinson stated that the board cannot set precedence on
this issue. He said the Lowell's could build a road, but it
would have to be a tar road with curb. The Lowell's said
that Elmcrest is an awful road. A nice gravel road would
look better than Elmcrest. Dan Boxrud said that improvement
of Elmcrest is proposed for the near future.
John Bergeson suggested tabling this item, let the applicant
think about the possibility of putting the road in
themselves.
Darla Lowell asked that the city look at the petition again
and start a feasibility report.
John Miller said that the city still has the petition. The
city charter states that it has to have 51% of the residents
to start a feasibility report. Unfortunately, they had 50 %.
If the applicants could get one more person to agree with the
new road it would work.
MOTION: Mr. King moved to table the request for Minor
Subdivision from Mark and Darla Lowell until the April Design
Review Board meeting. Monika seconded the motion and the
motion was approved unanimously.
REZONE REQUEST FROM PAUL HOWARD FOR MOBILE HOMES, APPLICATION
*90 -11.
Bill Chapman is the planner for Mr. Howard. He stated that
one year ago Mr. Howard requested a rezone from R -1 to R -6,
so that he could expand his mobile home court. The council
action was denied. There was a two to three vote to deny the
rezone. Majority rules.
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DESIGN REVIEW BOARD MEETING
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State statues allows for council reconsideration after a
year.
Mr. Chapman created a new sketch adding approximately 20
mobile homes in a 7.2 acre parcel of land to expand Baldwin
Lake Court. The parcel is 1500 feet long.
Mr. Chapman stated that Baldwin Lake Mobile Home Court is
20.7 acres of land and is the only parcel zoned R -6 in the
entire city.
Mr. Chapman stated that trails can be added near the lake,
and open space can be provided.
Chapman spoke with Tom Hovie from the DNR and talked with the
Corp of Engineers and received a good response from both.
The Watershed District said that if he can satisfy the Corp
of Engineers than you probably can satisfy the RCWS District.
There is a lift station on Laurene Street. There will be a
need for a ditch in this area, and this will have to be
worked out with the city engineer.
During a work session held March 6th the design review board
looked at this sketch plan and came up with some ideas on how
to improve it.
The board discussed the following changes.
1. Adding additional frontage along highway 49.
2. Adding screening and buffering from the R -1 zone to
the north of Baldwin Lake Court.
3. Adding additional landscaping.
4. Connecting the new street with the existing long
cul -de -sac in order for two accesses to the court.
5. Resolving the problem with the lift station.
John Bergeson is also a member of the economic development
committee. He said that the EDC does not see a need for
further development of this kind, but Bergeson feels that
a R -1 zone does not lend itself well to this site. He feels
that it is best to rezone this property.
The long cul -de -sac was a concern by all the board members.
Also was the frontage from highway 49.
Darryl Schneider discussed the lift station at Laurene Ave.
He said that there is a two or three year capacity yet in
this lift station. Screening of the lift station is also a
concern to Mr. Schneider. The comprehensive plan will be
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DESIGN REVIEW BOARD MEETING
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brought before the Metro Council in the near future.
There will be a need for a gravity main in this area.
Bob Leicheidl approached the board. He lives 200' from the
proposed mobile home court. He stated that it will devalue
his property. Density is also a concern to him.
MOTION: Mr. King moved to table the rezoning request for
Paul Howards Baldwin Lake Mobile Home Park, Application #90-
11. Mr. Chapman will work out a new sketch plan to present
to the board next month. Monika seconded the motion and the
motion was approved unanimously.
REVIEW OF TAX INCREMENT FINANCING PLAN FOR DISTRICT 1 -4.
John Miller stated that the City of Lino Lakes presently has
three tax increment finance districts. They are ( #1) Rice
Lake Estates, ( #2) Sunrise Meadows, and ( #3) Main Street
Shops.
A draft tax increment financing plan was submitted to the
board that would include other areas where there may be a
need for TIF activity. These include land near the proposed
outlet mall site at the north east quadrant of I -35W and Lake
Drive. The townhome site, and land near the Rice Lake Plaza
commercial site near Lake Drive and Hodgson Road.
The legislature is in session, and creating a district now
will allow Lino Lakes to follow current laws and will allow
the city more latitude in using TIF money.
After adoption, the plans can be amended so attention to
content at this time is not a real priority. The plan was
drafted by Ron Batty from the Holmes and Graven law firm.
Ron prepared the plans for TIF districts two and three.
MOTION: Mr. King moved to recommend to city council adoption
of Resolution #90 -01 finding that the TIF plan is consistent
with the city's comprehensive plan. John Bergeson seconded
the motion and the motion was approved unanimously.
DISCUSSION OF REZONING OF THE I -35E CORRIDOR.
John Miller stated that in 1989 both the economic development
committee and the planning and zoning board made
recommendations to the city council to rezone a large area
adjacent to the I -35E corridor from a "Rural" to a "Light -
Industrial" district.
Late in January the city council held a public hearing on the
request and several persons spoke in opposition. In a
nutshell there were two reasons for this:
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A. The Light Industrial zoning would leave existing
dwellings and farm structures as non - conforming
structures, i.e. if they were destroyed by an act
of God they could not be replaced.
B. Concern over the effect of the industrial uses on
adjacent properties. The worst type of industrial
development was feared.
Since the public hearing there have been three informal
meetings on the issue, two with city staff people present and
one between interested persons themselves.
At this point in time Mr. Miller believed that everyone was
in agreement that there were problems with the original
proposal. The meetings served the function of identifying
specific problems and looking for methods of resolving them.
He believed they got to the point where most of the land
owners within the proposed rezoning area were satisfied. The
same holds true for adjacent property owners.
Mr. Miller's recommendations were as follows:
1. Create a "Rural- Business Reserve" district. The
new zoning district would have residential and
rural uses as "permitted uses ". This would allow
their reconstruction if destroyed and it would
permit construction of additions and accessory
buildings. The zone would also preserve the land
in its present rural state until urban development
became reality.
2. Begin business development in the current light
industrial zoning district. Establish a "trigger -
mechanism" that allows development to move north
only after a certain percentage of the current
industrial area is developed. This process would
continue providing phased, sequential growth
proceeding from south to north.
3. Reduce the size of the "R -BR" district. Do not
rezone any land north of 80th Street and west of I-
35E. (See attached map). In addition, do not
rezone any land north of the Beatrice Salberg
parcel and one - quarter mile east of 20th Avenue.
4. Study the feasibility of creating a Rural- Executive
zoning district from the east shore of Peltier Lake
to 20th Avenue.
Originally about 90 persons signed a petition opposing the
industrial rezoning. With the four recommendations above we
may have only a half a dozen to ten unhappy persons. Any
time you get this close to unanimous agreement in a land use
Page 14
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DESIGN REVIEW BOARD MEETING
March 14, 1990
issue you're in good shape.
The design review board received a new proposal written by
the Justice group. Ron Marier stated that it is basically
the same proposal that the Justice group presented in
January.
Ron Marier stated that they poled all the residents and they
want to go with this new proposal. The new proposal asks for
rezoning of 11% of the proposal initiated by the city.
A woman in the audience said that at the last meeting with
property owners and John Miller that he surprised them with a
new proposal. She said she feels misrepresented.
John Bergeson said that the board cannot make a decision on a
proposal that they just received tonight.
John Miller said that he has not yet heard why they are
opposed to the proposal. Rezones are not meant to be
popularity contests.
Ron Marier stated that one of the biggest reasons we are
against it is the way it was presented to us.
Harold Bisel discussed the issue with the members of the
audience and the board. He said he feels like we are in a
wrong start here. The whole thing got out of kilter. He
said look at Forest Lake's freeway corridor - commercial and
industrial, He said look at the freeway corridors going just
further south. It's the same thing. Commercial and
industrial. This is bound to happen to Lino Lakes. The land
proposed for rezoning is rural, it will not be disturbing
very many people, you will be able to farm your land, do what
you are doing now, until someone approaches you with an
offer, then only you decide if you want to sell your land.
The city is not pushing you at all. You people complain
about your taxes being too high. This is why we need
commercial and industrial development in the city.
Ms. Thiltgen said that she thinks the city and the residents
are talking about the same thing. She said that we needed to
meditate on this for a while and that it does make sense to
her now.
After a considerable amount of discussion a motion was made.
MOTION: Mr. King moved to table the proposed rezoning of the
I -35E corridor until citizens and staff can discuss this
further and come to an agreement. Monika Slatten seconded
the motion and the motion was approved unanimously.
Meeting adjourned at Midnight.
Page 15