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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 Page 1 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. Page 2 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. Page 3 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 Page 4 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 Page 5 • • • PLANNING AND ZONING MEETING 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.