HomeMy WebLinkAbout02/08/1989 P&Z Minutes•
PLANNING AND ZONING MEETING
February 8, 1989
Boardmember Alan Irwin called the regular meeting of the Lino
Lakes Planning and Zoning Board to order at 7:05 p.m.,
Wednesday, February 8, 1989 at the Lino Lakes City Hall.
Boardmembers present were: Alan Irwin, Elmer Crohn, Fred
Chase, and Gordon Girtz. Also present were: Mayor Ben
Benson, City Councilmember Harold Bisel, City Planner, John
Miller, and City Administrator Randy Schumacher. Charles
Prokop arrived at the meeting at 7:12 p.m.
Consideration of Minutes: Member Gordon Girtz noted his name
had appeared as "Goertz" in the city council minutes. John
Miller stated he would advise other staff people of the
correct spelling.
• Fred Chase noted that on page 1 that "Woodchuck" Circle
was one word not two.
* Chuck Prokop asked that the word "by" be removed from
the eleventh paragraph of page 1.
* Chuck Prokop asked that the word "will" in the seventh
paragraph on page 6 be changed to "should"
It was moved by Mr. Chase and seconded by Mr. Girtz to accept
the minutes as corrected.
Election of Officers: Acting Chairperson Prokop asked for
nominations for chairperson.
Irwin nominated Prokop. Girtz seconded the nomination.
Irwin moved to close nominations. Girtz seconded the motion.
Motion carried unanimously. All members voted in favor of
Prokop who was elected chairperson.
Chairperson Prokop called for nominations for vice -chair
person.
Girtz nominated Alan Irwin. Chase seconded the nomination.
Girtz moved to close nominations. Chase seconded the motion.
Motion carried unanimously. All members voted in favor of
Irwin who was elected vice - chairperson.
Request from Richard E. Shope Jr. for a preliminary plat for
land located at 7786 Sunset Avenue. Application 489 -04.
Mr. Shope currently owns three platted lots in the Sunset
Oaks addition. On the three lots he has a residence located
at 7786 Sunset Avenue. For the purpose of reducing his
property taxes, Shope wishes to combine the three lots into a
single six acre lot.
Shope's land is platted, it's not a metes and bounds
described parcel. If the land were the latter Shope could
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PLANNING AND ZONING MEETING
February 8, 1989
present a certificate of survey of the new combined parcel
and approval by the board and city council would be
sufficient to combine the three lots. But the applicant's
land is described as lots 2,3, and 4 of Block 1 of Sunset
Oaks; it's part of a platted subdivision. The only way to
combine the lots is to replat.
Mr. Prokop stated the replatting would make the land more
conforming as presently the two acre lots do not meet the
minimum requirements of the Suburban Residential District.
Gordon Girtz questioned whether a resubdivision plan should
be required and discussion followed. It was determined the
land would be easier to develop in the future with one large
rather than three small parcels and as a result the
resubdivision would not be necessary.
Boardmember Irwin noted the plat needs these minor changes:
1) lot numbers adjoining the plat, 2) setback lines, and 3)
building locations within 100 feet.
It was moved by Gordon Girtz to recommend to the city council
approval of the preliminary plat for Richard Shope,
Application #89 -04. Approval to be contingent upon the
applicant amending the plat to show 1) lot numbers adjoining
the plat, 2) setback lines, and 3) building location within
100 feet. Seconded by Elmer Crohn. Motion carried
unanimously.
Request from Elmer Crohn for Preliminary Plat Approval of
Wildwood Subdivision. Application X88 -29 (7:31 p.m.)
Elmer Crohn removed himself from the board and presented his
plat of the Wildwood Subdivision. He noted Rice Creek
Watershed District approval had been given contingent upon
his obtaining an excavation easement.
There were several questions raised by the boardmembers and
staff about the plat, including issues of concrete vs.
bituminous curb, lot and block dimensions, need for an
overlay plat, lot size, and definition of "watercourse."
In the city engineer's review of the Wildwood plat he noted
that several lots would not have sufficient size if ponding
areas were subtracted from the total lot area. John Miller
asked the boardmembers for clarification of the term
watercourse. The members agreed that watercourse should
refer to permanent ponding areas and to flowing water.
Drainage easements in side lots, for example, would not be
considered watercourses, but drainage easements for natural
and man -made ponding areas would.
Mayor Benson and Councilmember Bisel requested that in the
future incomplete items not be placed on the board's agenda.
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PLANNING AND ZONING MEETING
February 8, 1989
After additional discussion it was moved by Gordon Girtz to
accept the definition of watercourse as an area with flowing
water or a designed or naturally formed ponding area; to
require the lots identified by Ron Stahlberg as undersized be
enlarged excluding the watercourse area; and, to request
amendment of the plat in other areas as recommended by Ron
Stahlberg's letter. Seconded by Fred Chase.
Alan Irwin had reviewed the plat and had several comments.
He agreed to give a copy of the comments to Crohn allowing
the applicant to use them in revising his plat. Irwin was
also concerned about phasing of the plat. He wanted Lino
Lakes to be in a position where the city knew exactly what
future development it would be getting.
Mayor Benson emphasized that the applicant must meet city
design requirements.
Motion carried with Irwin, Girtz, Prokop, and Chase voting
aye.
Crohn resumed his seat on the board.
Request from City of Lino Lakes for grading plan review and
setback variances for several lots in Lakes Addition Number
2 and Lakes Addition Number 3, Application #89 -05. (8:30p.m.)
Randy Schumacher provided the boardmembers with a history of
this subdivision. the city is attempting to sell several
lots to Roger Nelson. The lots are located near and in a
wetland area and for them to be buildable several variances
must be granted and drainage easements vacated. Schumacher
emphasized the city was trying to make good out of a bad
situation.
There was a considerable amount of discussion about the need
for the variances, the easement vacation, and Roger Nelson's
request for a variance from "unspecified city requirements."
Prokop reviewed the six findings of fact required for
granting variances.
It was moved by Gordon Girtz to recommend to the city council
the granting of setback variances including:
A. Five foot front yard total setback for Lot 1 Block
19, and Lot 6 -8, Block 10.
B. Ten foot front yard total setback for lots 2 -7,
Block 7.
C. Five foot south side yard total setback for Lot 6,
Block 10.
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PLANNING AND ZONING MEETING
February 8, 1989
D. Five feet north side yard total setback for Lot 1,
Block 10;
and vacations of portions of five drainage easements so the
easement and setback lines for the several lot coincide;
and, denial of the request for "...other unspecified variance
requirements related to the building sites."
Motion died for lack of a second.
It was moved by Fred Chase to recommend denial of the
variance and easement requests (Application #89 -05) as the
applicant has not shown the lots in need of a variance or
special consideration.
Irwin seconded the motion. Motion carried with Irwin, Chase,
and Crohn voting aye. Opposed were Prokop and Girtz.
Request from Henry Laska to Rezone Land at 8312 Lake Drive
from Suburban Residential to General Business. Application
#89 -06. (8:59p.m.)
Henry Laska owns about 1.5 acres of land at 8312 Lake Drive
in the northern part of Lino Lakes. A single - family dwelling
and a garage are located on the land. Presently Mr. Laska
resides at the site. The land is zoned for Suburban
Residential uses.
However, in addition to residing on the property, the
applicant is storing trucks, trailers, and backhoes on the
land that he uses in conducting his business, Banshee
Enterprises, Inc.
Laska has received three letters from City Building
Inspector, Pete Kluegel, about the outside storage and about
the business use of the residential property. At one time
Laska had agreed to remove the equipment by December 1, 1989.
Henry Laska appeared on his own behalf and presented a
petition which he stated represented 75 per cent of the
landowners from his property north to the Columbus boundary.
In addition, Laska stated: 1) people were unhappy with the
(1983) rezoning to residential, 2) by 1999 there would be
15,000 cars a day using Lake Drive, 3) not a prime
residential area, and 4) there is a business next door to me.
Gordon Girtz noted a rezoning to General Business would not
be beneficial to Laska as his use of the property would still
not be permitted in that district.
chairperson Prokop asked Mr. Laska what would make him happy.
Laska replied anything that will allow me to keep doing what
I'm doing. Prokop noted the city is concerned about the poor
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PLANNING AND ZONING MEETING
February 8, 1989
image given by outside storage and stated that a rezoning of
Laska's property would be an illegal spot rezoning. Prokop
indicated that poor precedent would be set by the spot
rezoning and that it would destroy all semblance of land use
control.
MOTION: It was moved by Alan Irwin to recommend denial to the
city council of Application #89 -06 to rezone land at 8312
Lake Drive from Suburban Residential to General Business.
The denial is recommended because: 1) the rezoning is
contrary to the comprehensive plan, 2) the rezoning would
constitute a spot rezoning giving special property rights to
the applicant that are not enjoyed by his neighbors, 3) the
rezoning would still leave the applicant's land uses in non-
compliance with the city's zoning ordinance, and 4) the use
of the land for outside storage of trucks and backhoes is
detrimental to the future development of a quality
residential neighborhood; 5) the area to be rezoned is
surrounded by residential and business zonings, and 6) the
owner was aware of the zoning at the time of purchase.
Crohn seconded the motion and it carried unanimously.
Request from Carlson, Dropps and Associates for Preliminary
Plat Approval of Woodridge Estates (II). Application #89 -07
Request for Variance, Application #89 -08. (9:41)
At its December 1988 meeting, the Planning and Zoning Board
approved the preliminary plat for Woodridge Estates. That
subdivision will create 70 R -1X single - family residential
lots.
The applicant recently completed the purchase of an
additional, small parcel at the west end of the land which
was given preliminary plat approval. Carlson - Dropps wishes
to subdivide this small parcel into six residential lots.
Carlson - Dropps is also asking for variances to allow for the
creation of nine lots in blocks that would be 87.2 feet wide.
John Miller, the City Planner, noted that: 1) all of the lots
will be larger than 12,150 square feet, 2) the area is unique
with many small property owners and convoluted property
lines, 3) wetlands are common in the area and create further
subdivision constraints, and 4) road locations from the
Section 31 plan must be viewed as given as they are able to
serve all property owners and as they allow for economical
development of the parcels.
MOTION: Elmer Crohn moved to recommend to the city council
that a variance of approximately 2.8 feet be granted for Lots
1 -9 of Block 1 of Woodridge Estates, Application #89 -08.
Justification for the variance includes, but is not limited
to the following reasons 1) compliance with the Section 31
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February 8, 1989
plan prepared by the city engineer, 2) the proposed location
of Oakwood Lane that serves the land located immediately
north of the Woodridge Estates Subdivision, 3) the applicant
is providing lots with areas greater than the minimum
requirements of the R -1X zoning district, and 4) compliance
with the findings of fact required by local and state law.
Gordon Girtz seconded the motion. Motion carried with Girtz,
Chase, Crohn voting in favor. Irwin voted no and Prokop
abstained.
MOTION: Fred Chase moved to recommend approval to the city
council of the preliminary plat for Woodridge Estates II,
Application #89 -07.
Motion seconded by Gordon Girtz. Motion carried unanimously.
OLD BUSINESS:
There was no old business.
NEW BUSINESS:
Chairperson Prokop introduced a discussion of Robert's Rules
of Order and asked the members how closely they wished to
follow them. Considerable discussion followed. Mayor Benson
directed John Miller to make sure all applications were
complete before they arrived for board consideration.
Prokop also raised the issue of building on wetlands. A
discussion on policy followed.
Adjournment: At 10:09 it was moved by Girtz and seconded by
Irwin to adjourn. Motion carried.