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HomeMy WebLinkAbout12/13/1989 P&Z Minutes• PLANNING AND ZONING MEETING December 13, 1989 The regular meeting of the Lino Lakes Planning and Zoning Board was brought to order by Chairman Charles Prokop at 7:02 p.m. at the Lino Lakes City Hall. Members present were: Chairman Charles Prokop, Board Members Alan Irwin, Robert King, Sally Kuether, and Fred Chase. Al Robinson was absent. Also present were: Council Member, Harold Bisel; City Planner, John Miller; Building Official, Pete Kluegel; and Planning Secretary, Laura Elken. CONSIDERATION OF MINUTES Mr. Irwin moved to approve the November Planning and Zoning Minutes. Mr. Chase seconded the motion and the motion was approved unanimously. ESTABLISH MEETING DATES The Planning and Zoning Board decided that because the agenda was very lengthy a meeting will be scheduled later in the month to complete the agenda. Charles Prokop decided that the board would review items #1 -7 at this meeting, and items 40 #8 -14 on December 19th. Laura Elken contacted the applicants for agenda #8 -14, and informed them of the meeting on the 19th. • A work session is scheduled for Saturday, December 30th at 8:30 a.m. to continue updating the zoning ordinance book. REVIEW OF CONCEPT PLAN FOR TIMBER PONDS SINGLE- FAMILY DEVELOPMENT (FROM TABLE OF OCTOBER 11, 1989). Mr. Chase moved to table this item because no one was present to address this issue. Mr. King seconded the motion. A letter will be sent to the applicant in regards to the tabling. REVIEW OF REVISED SITE AND BUILDING PLAN AND VARIANCE FOR PAUL WOLTERS. APPLICATION #89 -51 AND #89 -52. (FROM TABLE OF NOVEMBER 8, 1989). At the November board meeting Paul Wolters presented plans to construct a free - standing storage building. The boardmembers felt that setbacks were not addressed. A portion of the north boundary is adjacent to a single - family residential district. When this occurs a 75 foot setback is required. The applicant submitted a revised site plan and the setback issue is resolved. The applicant is proposing the elimination of the wood frame Page 1 PLANNING AND ZONING MEETING December 13, 1989 structure entirely. Mr. Wolters is now requesting an addition to the pole barn formerly used by C and D Auto Repair Shop. The addition would measure 39.5 x 40 feet and cover an area of 1580 square feet. A variance would be required for the south sideyard setback. The board previously approved a site plan allowing him to build within 12 feet of the lot line. Mr. Wolters argues that "If they did it once they will do it again." The zoning ordinance requires a 40 foot setback when industrial land is adjacent to commercial land. Discussion turned to setbacks on Mr. Wolters property. Alan Irwin stated that all easements were not shown on the site plan as asked in the November Motion. Mr. Wolters explained that he did measure the right -of -way. He measured from the center line of the street. And also assured the board that the right -of -way stake was still in the ground and that his building is 53 feet away from that stake. Mr. Miller verified that Mr. Wolters meets the required 53 foot setback. Mr. Chase asked Pete Kluegel how close a septic system would be to the addition to the front of the building. Mr. Wolters stated that he could move a wall further north otherwise he might lose the septic tank. After further discussion a motion was made. MOTION: Mr. Chase moved to recommend to the City Council approval of the revised site plan for Paul Wolters #89 -51 contingent upon the following conditions: 1. The entire site should be cleaned of all junk, refuse, trash, and junk motor vehicles. 2. The weed covered area adjacent to the well shop should be planted to grass cover. 3. The site plan shows 17 lilacs adjacent to the fence in the rear yard. These should be planted. Size should be 2 gallons. 4. Six additional five foot b and b Black Hills Spruce should be planted in front of the parking lot. 5. A steel railing to delineate the concrete driveway from the green area on the west side of the property. 6. The city's building inspector should inspect the property at 60 day intervals prior to the annual CUP review held by the city council on July lst. Page 2 • • • PLANNING AND ZONING MEETING December 13, 1989 7. An escrow or letter -of- credit should be deposited with the city in the amount of $5,000 to ensure completion of the site improvements and site plan submitted at this time. 8. The setback from the north be four feet from the side of the building. 9. Eliminating two parking stalls on the south in front of the new office addition and landscaping per the planners recommendations. The two parking stalls may be replaced on the north side. 10 A minimum 53' setback from the right -of -way line to the front of the building be met. 11. The office addition must have proper setbacks from the septic system. Mr. King seconded the motion and the motion was approved unanimously. Variance A variance is necessary for the south sideyard setback. The zoning ordinance requires a 40 foot setback when industrial land is adjacent to commercial land. The board previously approved a site plan allowing him to build within 12 feet of the lot line. He argues that "If they did it once they will do it again." MOTION: Mr. King moved to grant a variance to allow construction within 12 feet of the south lot line. Mr. Chase seconded the motion and the motion was approved unanimously. Mr. Irwin stated that a six foot high fence is in place. It is a wood fence and comes up to the back of the existing building. This fence was installed to distract from the cars parked while C & D Auto was in existence. Mr. Miller will check this out, and find out if this fence should extend further west or not. CONDITIONAL USE PERMIT MOTION: Mr. Chase moved to table this issue because the packet was missing the conditional use permit application. The conditional use permit will be brought up at the P &Z meeting scheduled the 19th. MOTION: Mr. Chase moved to take Timber Ponds from the table. Mr. King seconded the motion and the motion was carried. Mr. Anderson, one of the three developers of Timber Ponds was present. Page 3 PLANNING AND ZONING MEETING December 13, 1989 • Timber Ponds is a replat of Pine Oaks. The applicants are willing to replat the entire 80 acre parcel into R -1X lots. • Alan Irwin expressed his concern that no street is shown coming up to the subdivision. Also he stated that Nordin Street exists only as a half street, and that some provisions should be made to tie into Wildwood Estates. Mr. Anderson said that a proposed road giving access to the south from Wildwood Estates is planned. The problem the applicant faces is the fact that there will be a delay with this project because of the wait for sewer availability. The applicant is aware of this. The City Council will be deciding in January as to how quickly sewer will enter this area. MOTION: Mr. Chase moved to approve the concept plan for Timber Ponds contingent upon the following: 1. MUSA boundary change by the Metropolitan Council to include the land in the sewer available area of the city. 2. Review and approval by the Department of Natural Resources. 3. Review and approval by the Rice Creek Watershed District. 4. Review and approval by the Lino Lakes Park Board. 5. Consider road connection to the proposed Wildwood Plat. 6. Either widen Nordin Street to 60 feet or eliminate Nordin Street altogether. City Staff will work with the developers to look at an alternative to the double frontage lots along Pine Street. Sally Kuether seconded the motion and the motion was approved unanimously. REQUEST FOR A MINOR SUBDIVISION FOR LAND ON CENTERVILLE ROAD BETWEEN COUNTY ROAD 54 AND COUNTY ROAD 14, HERMAN STREHLOW, APPLICATION #89 -53. 0 Attorney Fred Kueppers, representing Herman Strehlow addressed the board. Page 4 • PLANNING AND ZONING MEETING December. 13, 1989 Herman Strehlow wishes to sell the south half of his 40 acres. Most of Strehlow's property is in the Centerville City limits. The problem is that an area of .06 acres of land is in the City of Lino Lakes. Bill Hawkins, City Attorney suggested that a minor subdivision is required to convey this parcel to the Stevens. MOTION: Alan Irwin moved to recommend to the city council approval of a minor subdivision for Herman and Joyce Strehlow permitting the recording of an unbuildable parcel measuring .06 acre in size. Application #89 -53. Mr. King seconded the motion and the motion was approved unanimously. REQUEST FOR A MINOR SUBDIVISION FOR LAND ON RONDEAU LAKE DRIVE EAST NEAR THE NORTH CORPORATE LIMITS, BRIAN WESSEL. Brian Wessel purchased approximately 25 acres of land on Rondeau Drive East and he is building his home on the property. Much of his land is unbuildable. This land is zoned Rural. Mr. Wessel stated that the bank is asking him to subdivide his property. Mr. Irwin asked about the future of this property. He stated that ghost plats such as this would be required to show streets. Irwin suggested this be waived since this is a remote area and the majority is unbuildable and shown as wetland. Also the St. Paul Water Department owns the property to the north of this site. MOTION: Mr. King moved to recommend to city council approval of a minor subdivision for Brian Wessel for land located on Rondeau Drive East, Application #89 -54. The Planning and Zoning Board is waiving the requirement for showing future access roads. Sally Kuether seconded the motion and the motion was carried. CONSIDERATION OF A REQUEST FOR A CONDITIONAL USE PERMIT AND A SITE PLAN REVIEW FOR AN AUTO REPAIR GARAGE AT THE INTERSECTION OF LILAC STREET AND FOURTH AVENUE. DEAN QUIMBY. APPLICATIONS *89-55 AND *89-56. Dean Quimby, operator of Don's Circle Service located on Sunset Avenue, has purchased the Clyde Rehbein pole barn at 416 Lilac Street. Quimby wishes to change the building's use to auto and truck repair. He is also asking to construct a 32 x 36 foot addition to the current pole barn. Mr. Miller stated that there is approximately 100 acres of vacant industrial land south of the reformatory. There have been many inquiries from developers to purchase land in this area. Sally Kuether also stated that she has had several inquiries. Mr. Miller found that some of these developers Page 5 • PLANNING AND ZONING MEETING December 13, 1989 have shown reluctance to purchasing land looking at the neighborhood they would be in. Mr. Miller stated that sewer has been extended to this area and that the city has to be concerned about what types of businesses they allow in this area. John Miller asked for the board's input as to what type of businesses they would like John to bring to the P &Z for their approval. What would the board like Lino Lakes to be. He stated that there are approximately six pole barns in this area. John Miller estimates one inquiry per month for businesses at this site. Sally Kuether agreed that the street is not attractive. Mr. Irwin stated that at first he felt that the applicant meets all city requirements and he was planning on approving it. But, he wasn't looking at the whole picture. He feels that these are important concerns. Mr. Irwin felt that this proposal would intensify what is now there and that is not desirable. Mr. King abstained. Mr. Chase stated that the board is looking at improving this area. He told the applicant that if he came forward with a different site plan, improving the situation, he may have a different consideration. Mr. Quimby stated that the building is vacant, he will put in landscaping and shrubbery and he would be willing to pave the lot. He wants to be in the building and asked the board what they would like from him. Charles Prokop asked Mr. Kluegel how the applicant could convert a pole type structure into a more desirable building. Pete Kluegel stated that he could use brick and improve the facade. But as far as increasing the value he would have to speak with the county assessor. Sally Kuether stated that if you increase the value of the building, the taxes increase. She stated that the issue is the building. Ms. Kuether feels that the board should wait for another business to come to this site. MOTION: Mr. Chase moved to recommend to City Council to deny the Conditional Use Permit and Site and Building Plan for Dan Quimby, Applications #89 -55 and #89 -56 because it does not meet the standards that the zoning ordinance has set for Conditional Use Permits. It would not be harmonious and appropriate in appearance with the existing and /or intended character of the general vicinity. By allowing the building to remain there it would intensify the problem. The Page 6 • PLANNING AND ZONING MEETING December 13, 1989 applicant can consider a new plan and submit it for the board's review. Mr. Irwin seconded the motion and the motion was approved with King abstaining. Mr. Prokop asked the applicant to look at the design, improve the plan and he would be welcomed back to the board. REFERRAL OF ACCESSORY BUILDING SIZE ISSUE FROM THE CITY COUNCIL MEETING OF NOVEMBER 27, 1989 On November 8th, Elwin Klimek appeared before the planning and zoning board and requested either a variance or a zoning ordinance amendment to allow him to erect a 2,000 sq. ft. accessory building on property where he is limited to a 1,600 square foot structure. The boardmembers advised Mr. Klimek that he did not meet the required findings of fact to permit granting of a variance and that the board members have considered changing the ordinance regarding accessory buildings in the past and decided to leave the ordinance as is. Mr. Klimek went to the city council on November 27th and the council members asked for three things from the board: * Review Klimek's request * Review the accessory building sizes in all districts. * Make a determination of the reasons for using the different sizes in the different zones. In the meantime the building official has the structure red tagged. The board discussed the series of events that led the P &Z to the decision to leave the accessory building ordinance as is. The issue was brought to the council level, the council brought it back to the P &Z asking for further change, and it was dropped at that time. Mr. Chase said that he has an open mind and is willing to look at possible changes in the ordinance. Mr. King felt that the board should stick to the original ordinance. Sally Kuether agreed with Mr. King. Mr. Irwin stated that there is some disparity with this ordinance. Charles Prokop said that with all the battles the board went through over this ordinance, he doesn't want to see the board hash it over again. He stated that you are never going to Page 7 • • PLANNING AND ZONING MEETING December 13, 1989 satisfy everyone. Mr. Irwin stated that the public could write up a proposal and force the P &Z board to act one way or the other. MOTION: Mr. Chase moved that the P &Z board consider the accessory building ordinance at the next workshop on December 30th, and then take further action at the regular P &Z meeting in January. The building will remain red tagged until any decisions have been made. Sally Kuether seconded the motion and the motion was approved with Mr. Irwin voting no. Mr. Bisel stated that if Mr. Klimek has any ideas on amending the accessory building ordinance he should address the board with a proposal. Mr. Bisel stressed that Mr. Klimek should consider the entire city when writing his proposal. Mr. King moved to adjourn the meeting. Mr. Chase seconded the motion. Meeting adjourned at 9:20 p.m. Page 8