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HomeMy WebLinkAbout03/08/1989 P&Z Minutesr • • PLANNING & ZONING BOARD MEETING March 8, 1989 Chairman Charles Prokop called the regular meeting of the Lino Lakes Planning and Zoning Board to order at 7:07 p.m., Wednesday, March 8, 1989. Members present were: New members Sally Kuether, Alan Robinson, Alan Irwin, Charles Prokop, Fred Chase, Gordon Girtz. Also present were: Councilmember Harold Bisel, City Planner, John Miller; City Engineer, Ron Stahlberg; and Planning Secretary, Laura Elken. Members absent: Elmer Crohn. Chairman Prokop welcomed new members Sally Kuether and Al Robinson to the Planning and Zoning Board. CONSIDERATION OF MINUTES Boardmember Irwin stated that the quality of the minutes have improved imensly over the past few months, with very few, minor errors. But... on page 4, 4th paragraph from the bottom, the year 1989 should be changed to 1988. Secretary's note: Thanks! Alan Irwin moved to approve the minutes of February 8, 1989 as corrected. Fred Chase seconded the motion, and the motion was approved unanimously. 7:15 p.m. REQUEST FROM VERN & MARILYN ANDERSON TO GRANT A STREET EASEMENT FOR ASPEN LANE EXTENDED The Andersons want to start the subdivision process on the small parcel of land they own adjacent to D. Erickson's Subdivision. However, before they start that work, their lender is asking that access to the property be guaranteed. The Andersons have visited with their neighbors (Mr. & Mrs. Miers) and have obtained an easement that will serve as the site of Aspen Lane Extended. Mr. & Mrs. Anderson are asking the city to accept the easement from the Miers. If the board accepts, the bank will be satisfied on the access question. Marilyn Anderson stated that they are planning to prepare a small plat for Council approval. The bank determined that the Andersons do not have access to their property without Mr. & Mrs. Miers granting the city a thirty foot easement over a portion of their southern boundary. The Miers are willing to grant the easement to the city since they plan to do some platting in the near future also. The Andersons are only asking for a 200 foot easement at this time. All other easements will be dedicated with the plats. Charles Prokop suggested that a street plan would later be discussed under NEW BUSINESS. i, f PLANNING & ZONING BOARD MEETING March 8, 1989 After further discussion, a motion was made. MOTION: Fred Chase moved to recommend to the City Council approval of the request to grant a street easement for Aspen Lane Extended. Sally Kuether seconded the motion, and the motion was approved unanimously. 7:16 p.m. REQUEST FOR A SETBACK VARIANCE IN SUNRISE MEADOWS FROM THE CITY OF LINO LAKES. APPLICATION *89 -10 In the summer of 1988, the city council approved a final plat for Jack Menkveld's Sunrise Meadows Subdivision. The development will provide 103 single- family and sewer - available lots. The city council has approved a trunk sewer location that will follow the north -south Antelope Drive. However, to get the trunk line to the catholic church land immediately north of Sunrise Meadows, utility easements 50 feet wide must be obtained from Menkveld. The easement would be located between lots 6 and 7 of Block 1 of Sunrise Meadows with 25 feet on each lot. Sunrise Meadows is in the R -1 Single- Family Residential Zoning District. Required front yard setbacks are 30 feet and sideyard setbacks are ten feet on the house side and five feet on the garage side. The Lino Lakes Zoning Ordinance and Minnesota law require that six findings of fact be made before a variance is granted. 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. 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. Page 2 PLANNING & ZONING BOARD MEETING March 8, 1989 6. That the proposed actions will be in keeping with the spirit and intent of the ordinance. John Miller stated that the board has 2 options for discussion. 1. Grant an easement variance allowing the home to be located back more than the minimum front yard setback. 2. Make an interpetation that the individual has the right to build his home farther back, as long as all setback requirements have been met. Sally Kuether asked if the utility easement could be placed elsewhere to allow the home to be placed closer to the front of the lot. Ron Stahlberg, the City Engineer, explained that in designing the route in which utilities will run, they try to take the shortest route possible for economic reasons. Mr. Menkveld has agreed to this. There will be additional easements in other lots as time goes on. Charles Prokop recommended issuing a variance. There was considerable discussion and varied opinions on if a variance was needed or not. MOTION: Gordon Girtz moved to recommend to City Council to accept the variance setback, as it meets the 6 findings of fact, pushing the home back to the 50' line. Motion died from lack of a second. Mr. Irwin felt that a variance is not required. He stated if we issue a variance, we would have to issue a variance for every home that did met the setback, but wanted to build still a little farther back. He stated that a variance is a privilege to do something that is not allowed in the city code book. Mr. Chase agreed with Irwin. All the city code states is that the property owner is required to build his home at least 30' from the front yard setback, and if he wants to build further back, then that should be fine as long as he meets the front yard setback, and the side yard setback. Sally Kuether stated that the house will have to be built to fit this unique situation. She was concerned about the fact that the home would possibly look out of place set back further than the others. MOTION: Mr. Irwin moved to recommend that City Council put into writing the current policy, stating that on residential Page 3 • PLANNING & ZONING BOARD MEETING March 8, 1989 lots no variance is required to increase any setback to more than the minimum set by the zoning ordinance. Fred Chase seconded the motion. Mr. Chase withdrew his second, and motion dies from lack of a second. MOTION: Mr. Chase moved to recommend to City Council that this lot is a buildable lot, and that a variance is not required. Al Robinson seconded the motion, and the motion carries with all members in favor with the exception of Mr. Girtz voting no. Ron Stahlberg asked if this meant that the city building inspector could now issue building permits. The answer was yes. John Miller stated that this is a unique situation, the chances of this happening again are very remote, and he did feel comfortable with the decision of the board. 8:00 p.m. REVIEW OF CITY OF LINO LAKES PREPARED CONCEPT PLAN FOR THE EBENSTEINER /STRAUSS PROPERTIES IN SOUTHWEST LINO LAKES AND THE TILSON PROPERTY IN WEST LINO LAKES Ron Stahlberg, the Lino Lakes City Engineer, has been working at establishing the exact location of the West Central Trunk Sewer. Construction of that sewer line will start after May 1st, but probably before June 1st. One of the problems Stahlberg had to resolve was determining a sewer location so that the sewer easements wouldn't be a detriment to the future development. The sewer will be located in several properties that are currently vacant, but whose owners have petitioned for the improvements. In a series of meetings with these landowners, the city engineer was able to determine sewer locations and to develop concept plans for the properties. Ebensteiner Property: Located immediately north of Block 10 of the Park Lake View Subdivision. This property would be divided into approximately 15 R -1 lots. There is a linear street pattern, but lots on the west side of the proposed street would be adjacent to the city park. Strauss Property: A high, wooded area, this ten acre parcel could be divided into 28 R -1 lots. This street pattern is rectilinear, but the amenities are such that the development should be very pleasant. Anytime a developer can get 2 -8 houses per acre he or she is guaranteed a very profitable subdivision. Tilson Property: Actually, this should be titled "Tilson • • PLANNING & ZONING BOARD MEETING March 8, 1989 Properties ", as there are three separate parcels. The parcel south of I -35W is currently zoned R -1 and the concept plan divides the 13 acres into 28 single - family lots. However, Tilson is presently working with Dennis Erickson on a townhouse proposal for the land. This would require rezoning to a PUD or R -3 zoning district. Erickson has an architect working on a site plan and at least a concept plan should be available at your April meeting. The second R -1 parcel is located south of the Marvy Street neighborhood and north of I -35W. It shows a curvilinear street pattern with almost 60 single - family lots. It's my understanding that several of the large - lot owners on Marvy Street also wish to subdivide their lots. The light industrial parcel is located south of the reformatory and north of I -35W. The concept plan shows 15 single - family homes located on the west side of the parcel and facing the Marvy Street neighbors, this is done to placate those single - family homeowners. The industrial lots are relatively small with many of them being about an acre. The street pattern has been determined in a manner that minimizes new road construction, but gives double - frontage lots adjacent to the freeway. The board, in reviewing this, decided the properties should be discussed and motions made for each property individually. Ebsteiner Property MOTION: Gordon Girtz moved to recommend to City Council acceptance of the plans of the Ebsteiner property. Al Robinson seconded the motion, and the motion was approved unanimously. Strauss Property MOTION: Gordon Girtz moved to recommend to City Council approval of the concept plan for the Strauss Property. Mr. Irwin seconded the motion, and the motion was approved unanimously. Tilson Property - Light Industrial Property Ron Stahlberg stated that there are some nice pine trees on this parcel, in negotiations with Tilson, the easement would do a minimum amount of damage to the pine trees. John Miller stated that the industrial lots are only about 1 acre in size here. John was not sure of the market desirability of the 1 acre lots - He requested to increase the size of these lots. He felt the depth of 250' was good enough, but feels they could be widened and appeal to larger businesses. The land does have freeway visibility, and is Page 5 • • PLANNING & ZONING BOARD MEETING March 8, 1989 very desirable. Charles Prokop thought the Economic Development Committee might like to comment on this also, and suggested tabling this until it can go before the EDC. MOTION: Fred Chase moved to table the Light Industrial , the triangular piece bounded by 74th, John, and interstate 35W until the EDC can review it, and make a recommendation upon lot sizes, review sewer location, and residential buffer. Sally Kuether seconded the motion, motion carried with Girtz voting no. Discussion continued with the residential lots south of Marvey street, and north of I -35W. Ron Stahlberg met with 5 or 6 property owners and most of them can subdivide. 2 service lines will go into each of these lots. It is not platted yet. Mr. Irwin felt this was the area that the board considered rezoning. He sees some concern with the industrial traffic being a problem with the residents. Charles Prokop discussed a buffer on the residential side to help with the problem. Harold Bisel stated that the residents there do want a buffer. MOTION: Mr. Irwin moved to recommend to City Council approval of the concept plan of the R -1 area northwest of 35W and East of Sunset Road with the consideration of rerouting the sewer along the south line of lot #9 and northerly towards lots 8 & 9, as shown on the submitted drawing. Mr. Chase seconded the motion, motion approved with Girtz opposing. Ben Benson stated that this is just a concept plan, and may look different once the final plat is approved. Discussion continued regarding the parcel south of 35W. Tilson is interested in selling this property for townhouse construction. There are now 2 individuals interested in that land. John Miller recommends not approving the concept plan at this time, but yes to approving the sewer plan. Most of the trees in this parcel will be saved. MOTION: Mr. Chase moved recommend to city council to approve the concept plan for sewer line location through the Tilson parcel south of I -35W. Girtz seconded the motion, and the motion was approved unanimously. PLANNING & ZONING BOARD MEETING March 8, 1989 8:45 p.m. REVIEW OF COMPREHENSIVE SEWER PLAN REVISIONS City Engineer, Ron Stahlberg updated the old comprehensive sewer plan. and presented it to the board. Ron Stahlberg felt that the key to this plan is getting Metro Council to update their sewer plan. The septic failures in the city were given to TKDA, and Ron noted that on the map. Mr. Stahlberg suggests the board adopt this plan amendment, and then it will be given to Metro Council for their approval. MOTION: Mr. Chase moved to recommend to city council approval of the boundary changes in the comprehensive sewer plan. Girtz seconded the motion, and the motion was approved unanimously. 9:02 p.m. DISCUSSION OF PROPOSED METROPOLITAN URBAN SERVICES AREA BOUNDARY CHANGES /JOHN MILLER John Miller stated that Lino Lakes is able to extend utilities only to certain sections of the city. There sewer - available areas are all within what the Metropolitan Council and the Metropolitan Waste Control Commission refer to as the "Metropolitan Urban Services Area" better known by its acronym as MUSA. Mr. Miller went on to say that this problem or limitation is compounded by the Lino Lakes City Charter which, in a nutshell, in Section 8 states "If you don't want sewer, you don't have to pay for it ". The result is that any sewer extension project requires almost 100 per cent support from adjacent property owners. This in itself makes it very difficult to extend utilities, but when other provisions of the charter are taken into account, (such as the lengthy time requirement after the public hearing before city council action), the charter makes sewer extension extremely difficult. Listed below are five other current conditions in Lino Lakes: 1. The city is fast depleting its inventory of sewered, single - family lots. If an individual wants one of these lots today, he can go to only about three different developers. This is not much of a choice. 2. There are several landowners adjacent or near the present MUSA boundary that are either in the Page 7 t • • • PLANNING & ZONING BOARD MEETING March 8, 1989 process of platting their land now (Elmer Crohn) or who would like to start (Ed Vaughn). 3. There are landowners within the MUSA who have indicated they are not interested in city utilities at this time, yet they are using part of the city's MUSA allocation. 4. I'm aware of only a very small number of people who still advocate development of 2 1/2 or ten acre lots. Almost everyone who has considered the consequences of these large lots has decided they poorly serve the interest of both the landowners and the city. 5. Residential development in the form of new subdivisions in the Birch Street area is presently nil. There is no additional capacity remaining in the eight inch Birch Street force -main. There are three non -MUSA areas where individuals have indicated they would like utilities extended. 1. East on Birch Street in the ED Vaughn area. 2. South of Cedar Street and east of I -35E in the Miller, Polmen, McCollar area. 3. North of Main Street in the Crohn, Scharpen, Lino Lakes Elementary School area. The Planner stressed that there should be some words of caution also. Just because someone states he or she wants to be in the MUSA boundary and wants city utilities, there is no reason to act like crazy people and rush to change boundaries. Financial guarantees should be made prior to city action. Mr. Miller plans on holding several meetings to try and extend sewer to some of these areas. after some discussion with the board a motion was made. MOTION: Mr. Chase moved to direct city staff to start talking to people within the city, and try to extend our MUSA boundaries, and report back to city officials. Mr. Irwin seconded the motion, and the motion was approved unanimously. Harold Bisel stated that we should talk with the other boards and approach the Metro Council with a revision. OLD BUSINESS Charles Prokop wants to set up an informational meeting Page 8 • • PLANNING & ZONING BOARD MEETING March 8, 1989 sometime early April, offering training and background, breakfast and a tour. John Miller stated he did tour the city with Mr. Girtz and Mr. Chase and hopes to meet with Sally Kuether and Al Robinson in the near future. MOTION: Charles Prokop directed John Miller to set up a training program for April 8th at 8:30 a.m. NEW BUSINESS MIER, ANDERSON EASEMENT, STREET PLAN MOTION: Sally Kuether moved to recommend to city council that this area, west of Dennis Ericksons Subdivision be looked at for street mapping, so the P &Z board will know where the streets will be positioned. Chase seconded the motion, and the motion was approved unanimously. 9:38 p.m. Charles Prokop is concerned that we no longer have any vacant buildable land zoned R -7. He feels this may be an area to be discussed by the board. Harold Bisel stated that staff had reviewed this and discovered that there are many homes of this type in Lino Lakes. Rice Lake Estates was zoned R -7 and homes were hard to sell. Mr. Miller feels we have no need for an R -7 zone. He will check to see if we are required to have an R -7 zone, if we do not, then he feels we should take this zone off the books. R -7 is a zone for manufactured homes. John Miller had previously visited with Mr. Irwin regarding Parking lots in city parks. At the February Park Board Meeting Sunrise Park was approved with a class five surfaced parking area. After discussion, it was agreed that this is contrary to city ordinance's and Mr. Miller will inform the park board of this. ADJOURNMENT Gordon Girtz moved to adjourn the meeting. Irwin seconded the motion. Meeting adjourned at 9:50 p.m.