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HomeMy WebLinkAbout07/12/1989 P&Z MinutesPLANNING AND ZONING BOARD MEETING • July 12, 1989 • • • Chairman Charles Prokop called the regular meeting of the Lino Lakes Planning and Zoning Board to order at 7:00 p.m., Wednesday, July 12, 1989 at the Lino Lakes City Hall. Members present were: Chairman Charles Prokop, Boardmembers Alan Irwin, Robert King, Fred Chase, Al Robinson and Sally Kuether. Also present were: Councilmembers Harold Bisel and Andy Neal; City Planner, John Miller; TKDA's representative, Brian Bourossa; and Planning Secretary, Laura Elken. CONSIDERATION OF MINUTES Alan Irwin had corrections for the May P &Z minutes: Page 8, Paragraph 1 should read: At the east end of the plat the 33' roadway be widened to 40' so that it would line up with Second Avenue to the South, and along the east end of Block 2, Second Avenue be 40' wide opposite the Southeast corner of Block 2 and taper to 50' wide opposite the Northeast Corner of Block 2. Page 8, Paragraph 3 should read: Glenview Drive lying east of the western edge of Lot 13 be vacated because it is unbuildable. Fred Chase stated that on page two paragraph three it should state "The board stated that their attorney should contact the City Attorney" Alan Irwin corrected the minutes as follows: Page six, paragraph ten should read "Homeowners Agreement be submitted with Final Development Plan for Council review and approval. Alan Irwin also suggested this sentence be omitted on page three, paragraph six: "and #10 of TKDA's letter should be addressed at the park board. REVIEW OF PRELIMINARY PLAT, SUNNYGATE, GOOD VALUE HOMES/ GERALD FLODEN, APPLICATION #89 -30, AND VARIANCE, APPLICATION #89 -32. Good Value Homes has purchased the forty acre parcel of land located immediately south of the Catholic church. The parcel (more precisely located at the intersection of Sunrise and Elm Street) was bought from the church. The purchaser wishes to subdivide the land and construct single - family houses. Sewer and water are available to the property and the west - central trunk crosses the property from south to north. The applicant presented a preliminary plat for city consideration that will divide the land into 98 lots giving a density of 2.43 lots per acre. The lots range in size from the city's minimum of 10,800 square feet to 21,370 square • • PLANNING AND ZONING BOARD MEETING July 12, 1989 feet. All of the lots, with one exception meet the city's minimum standards for width and depth. The exception is Lot 18 of Block 5. This corner lot is located at the intersection of Sunrise Drive and Elm Street. The lot is 104 feet wide and city code requires 105 feet of width. The 12 inch shortage is caused by: A. Anoka County requiring 60 feet of right -of -way. The county is actually getting 1.8 acres of land for road purposes. B. Surveying vagaries also cause problems. The east side of the applicants land is 1316 feet and the west side is only 1313 feet. The plat will be reviewed by the city's Park Board on August 7th. The applicant wishes to develop this plat in two, possibly three phases. The first phase would be to develop the western section of the plat. John Miller stated the plan has several planning restraints that limit street pattern options. They are listed below: 1. The parcel is a flat, square piece of land. 2. A county road is adjacent to the land on the north - no driveway access there. 3. A MSA street is on the east side - no driveway access there. 4. A sewer easement crosses the land from north to south approximately 270 feet east of the west boundary. 5. A subdivision south of the parcel has no access coming north to the land at issue. Despite all of these problems, the applicant has prepared a subdivision design that provides three (3) cul -de -sacs, an eyebrow, short residential streets, and only three double - fronting lots. And, with the three double- fronting lots, two are wooded and all three have an extra ten feet of depth to permit additional screening for the homes. The board discussed Ron Stahlberg's letter dated July 7, 1989 After considerable discussion, a motion was made. MOTION: Alan Irwin moved to recommend to City Council approval of the Preliminary Plat for Good Value Homes, • • •PLANNING AND ZONING BOARD MEETING July 12, 1989 Application #89 -30, contingent upon these factors: 1. That trees be planted in the front yard of each lot with a main stem diameter of 2" to 2 1/2" be required. 2. A "T" turnaround be installed on the eastern end of the east and west streets until 2nd Avenue is completed. 3. The streets are named and approved by the City Planner before the plat is presented for Council Approval. 4. The plat be reviewed by the Park Board, and park dedication be given. 5. That the applicant meet TKDA's requirements based on Ron Stahlberg's letter dated July 7, 1989, with the exception of #2 on Page 1, the exception of the grading comments #1 and #2, and the exception of utility plan comment #2. Mr. Chase seconded the motion, and the motion was approved unanimously. Variance, Application *89-32 Lino Lakes City Code and Minnesota State Statutes allow the city to grant variances to the literal provisions of the zoning and subdivision ordinances. To grant a variance the city must make the following findings: 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 owners. 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. • PLANNING AND ZONING BOARD MEETING July 12, 1989 John Miller stated that a variance is required because of Anoka County requiring 60 foot road easement. Mr. Irwin brought up other issues that require a variance. After discussion, a motion was made. MOTION: Mr. Irwin recommended to City Council granting of a Variance to Good Value Homes, Application #89 -32, because of the following: 1. Lot 5, Block 1, vary the average depth by 15' because Anoka County is requiring a 60 foot right - of -way from the center line of Elm Street. 2. Lot 14, Block 1, vary the average depth by 15 feet because Anoka County is claiming a 60 foot right - of -way from the center line of Elm Street. 3. Lot 28, Block 4 vary the average depth by 25 feet because its located on an eyebrow, it is a triangle lot that widens to the back, and has more than the minimum area. 4. Lot 8, Block 4, will vary the average depth by 25 feet, and the sideline is moved 10 feet to the south of the right -of -way and run radial, because its on an eyebrow, and it is a triangular lot that widens in the back, and has more than the minimum area. 5. Vary Lot 1, Block 5 by 1 foot on the width because the County is taking a 60 foot right -of -way on the Center Line of Elm Street. 6. Vary Lot 18, Block 5 by 1 foot on the width because the County is taking a 60 foot right -of -way on the Center Line of Elm Street. Mr. King seconded the motion, and the motion was approved unanimously. CONSIDERATION OF MINOR SUBDIVISION /DENNIS LITTLE, APPLICATION #89 -32. Dennis Little wishes to purchase a ten acre tract of land from his father -in -law, the owner of a 20 acre parcel located on Ash Street. The land owner had discussed a land division in the mid- 1970's but did not record separate title at that time. As a result a new certificate of survey has been prepared showing the size of the two parcels. John Miller stated that the dimensions of the parcels are slightly less than required in the city's zoning code. The • PLANNING AND ZONING BOARD MEETING July 12, 1989 lot widths on the south sides of the parcel are about 1 3/4 feet shy of the required 330 feet and on the north the parcels are about eight inches too narrow. John overlooked this as it is attributable to the vagaries of surveying and providing square or rectangular areas on a round surface. This also affects the size of the parcels with one measuring 9.95 acres and the other 9.98 acres. Again, John pointed out this is one of those conditions that can't be helped. The applicant and his surveyor have submitted several options for future development of the land and John Miller preferred plan "E ", that eliminate lots fronting on Ash Street or County Road J. After discussion a motion was made. MOTION: Alan Irwin moved that: Since this proposed lot split is in an area zoned Rural and outside the MUSA line, And Since both proposed lots are in excess of 5 acres, And Since these approximately 10 acre sites allow sufficient flexibility in subdivision design and this taking of road easements would restrict flexibility, And Since this taking of road easements would in fact be approving a subdivision of blocks without having the benefits of the data provided with a preliminary plat such as preparation by a professional surveyor, review by the city engineer, comments of the park board, a grading plan and topography, And Since this taking of road easements would in fact be approving a subdivision of blocks without the required notice to adjoining owners and without a public hearing, And Since the easements to be taken are not necessary either at this time, or in the foreseeable future. THEREFORE, in accordance with zoning ordinance Section 4, Subd. 35 (6), it is moved that the resubdivision requirements for lot split be waived. And the city take a 30 foot road and utility easement along the perimeter of each lot, and that resubdivision plan "E" as submitted and amended by the City Planner be added to the official map. Al Robinson seconded the motion, the motion was approved with Mr. Chase opposing. REVIEW OF MINOR SUBDIVISION, APPLICATION #89 -19, AND VARIANCE, #89 -22 FOR ELMER CROHN • PLANNING AND ZONING BOARD MEETING July 12, 1989 Elmer Crohn received P &Z approval for a Minor Subdivision and Variance previously. At that time the city approved a lot that measured 200.27 x 221.68 feet. Elmer Crohn stated in his application: "The variance was granted so the house can be sold while waiting for sewer and water to be extended to the property, or until it is determined that it is not going to be feasible to extend sewer and water. If sewer and water is not extended, the variance required that additional acreage be conveyed to the owner of the variance parcel to meet the minimum 2.5 acre zoning." Mr. Crohn is asking for a slightly different and larger lot configuration, adding an increase of 1.14 acres from its previous one acre size. Another reason for Mr. Crohn's request is to provide straight continuous lot lines for the future subdivision of sewered lots. MOTION: Robert King recommended to City Council approval of a Minor Subdivision and Variance Request from Elmer Crohn, Applications #89 -19 and #89 -22, Mr. Chase seconded the motion, and the motion was approved unanimously. CONDITIONAL USE PERMIT FOR ARSENAL SAND, APPLICATION #89 -29 Arsenal Sand has purchased the masonry building at 454 Lilac Street and moved its business to that location. The main portion of Arsenal Sand's business will be brokering sand and gravel, but the firm also wishes to offer for sale aggregate and other earth material to the general public. Bob Moore, President of Arsenal Sand stated that he is agreeable to the conditions Mr. Miller stated as follows: 1. The retail sale of landscape rock and similar aggregate materials be permitted at the site. 2. The material shall be stored within a bay area measuring 25 x 250 feet of poured concrete and concrete block construction. Walls shall be eight feet high and shall be painted to a color matching the buildings exterior. 3. The temporary sign in front of the building be removed and a permanent sign be attached to the building meeting the requirements of the city's sign ordinance. • PLANNING AND ZONING BOARD MEETING July 12, 1989 4. No "reader board" signs shall be permitted on the property. MOTION: Fred Chase moved to recommend to City Council approval of Application #89 -29 for a Conditional Use Permit given to Arsenal Sand providing the applicant meets all conditions set forth by the City Planner, and the height of aggregate rock and other earth materials be no higher than the walls surrounding them. Al Robinson seconded the motion, and the motion was approved unanimously. CONSIDERATION OF MINOR SUBDIVISION /GLEN REHBEIN, APPLICATION #89 -33. Glen and Raymond Rehbein wish to subdivide an acre of land from a 5.81 acre parcel they own on Lake Drive. The acre of land is the site of B &E Furniture (7317 Lake Drive). Presently the Rehbeins rent the building to B &E Furniture and now wish to sell that property to their tenant. The P &Z board was presented with a written guarantee from Rehbeins stating that before any additional subdivision takes place, planning for the entire parcel will be completed. After some discussion a motion was made. MOTION: Mr. Fred Chase moved to recommend to City Council to approve a Minor Subdivision for Glenn and Raymond Rehbein, Application #89 -33, contingent upon receiving Park Board dedication of 10% of the value of the land (Which would be approximately $1,500 in park dedication) Mr. Irwin seconded the motion, and the motion was approved unanimously. OLD BUSINESS During the discussion of the Minor Subdivision of the Little Property policy change was discussed. Mr. Irwin is not in agreement with the policy as to how the board handles metes and bounds conveyance. A special work session is planned for 6:30 p.m. before the August Planning and Zoning Board Meeting held August 9th. NEW BUSINESS MOTION: In order to make subdivisions and neighborhoods more continuous, we recommend that the Park Board consider a trail between Sunnygate and Sunrise Meadows, a good possibility is between lots 9 and 10 of Block 4 of Sunnygate. PLANNING AND ZONING BOARD MEETING July 12, 1989 continuous, we recommend that the Park Board consider a trail between Sunnygate and Sunrise Meadows, a good possibility is between lots 9 and 10 of Block 4 of Sunnygate. Mr. King seconded the motion, and the motion was approved unanimously. Charles Prokop received a copy of a letter from the LeTourneaus sent to John Miller, dated June 30, 1989. The LeTourneaus wish to subdivide a portion of their property and have it remain in the family as a park. Apparently there are family graves on the site, and the family does not want this to be built upon. This will be presented before the Planning and Zoning Board in the future. Mr. Irwin moved to adjourn the meeting Mr. King seconded the motion, and the motion was approved unanimously. Meeting adjourned 10:25 p.m.