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HomeMy WebLinkAbout06/08/1988 P&Z MinutesPLANNING AND ZONING JUNE 8, 1988 Chairman Dave Cody called to order the regular meeting of the Lino Lakes Planning and Zoning Board at 7:00 p.m. Wednesday, June 8, 1988. Board members present: Chairman Cody, Nelson, Prokop, Joyer, Crohn and Irwin. Also present were City Planner -- John Miller, Building Official - Pete Kluegel, and Secretary - Connie Husby. Members Absent: Averbeck CONSIDERATION OF MINUTES: Prokop made the following corrections: AikPage 3 - lst paragraph - Tabling to May 11 was to allow additional time for our City Planner - John Miller to look for alterations. (SHOULD BE: look for alternatives!) Page 4 - lst paragraph - Prokop moved to table this item until June 8th to allow the applicant to complete a site plan. (SHOULD BE: allow the applicant time.) MOTION: Prokop moved to adopt the minutes as corrected. Nelson seconded the motion and the motion was carried unanimously. OPEN MIKE: Blake Rivard - 8194 Lake Drive: Mr. Rivard has two signs in his front yard for a tailoring business in his home. The signs are 4 X 8 feet and 1 X 2 feet. The 4 X 8 does not meet the requirements of the city's sign ordinance. The 1 X 2 sign is acceptable. Mr. Rivard brought pictures of the signs and a letter from his neighbors stating they don't mind him having the 4 X 8 sign in the yard. The Planning and Zoning Board concluded the 4 X 8 sign didn't comply with the sign ordinance, but Mr. Rivard might discuss ordinance amendments with the City Planner. OPEN MIKE: Gene Mobely - 6910 Otter Lake Road: Mr. Mobely discussed at length the use of his land for industrial purposes. John Miller, City Planner, discussed with the •:lanfliflg and Zoning Board the different businesses Gene currently has on his property. One of Mobely's new tenants recently requested a sign permit. The Planner and Building Official asked Mobely to bring in a site plan of what's happening and what will be happening on his property in the PAGE 1 • PLANNING AND ZONING JUNE 8, 1988 future. The members did not excuse Mr. Mobely from this request. REQUEST FROM EL REHBEIN FOR PRELIMINARY PLAT APPROVAL FOR LAKES ADDITION NO. 9, APPLICATION 88 -20 - This property is located north of Birch Street and west of Black Duck Drive and includes much of what is the formerly approved Lakes Addition No. 7. The sketch plan for the development was presented to the Planning and Zoning Board shortly before the city's revised lot sizes became effective. As a result 75 foot wide frontages are permitted. Because of the fact that several items were missing Mr. Blackbird withdrew his request for approval of Lakes Addition No. 9 and said he would be back for the July •P1annin meeting. REQUEST FROM NORTH SUBURBAN DEVELOPMENT INC. FOR THE REPLATTING OF ULMER'S RICE LAKE ADDITION, APPLICATION 88 -12 At the Board's May 11 meeting Jack Menkveld representing North Suburban Development Inc. presented a sketch revision to the preliminary plat for Sunrise Meadows. The revision showed a reconfiguration of streets including the addition of two cul -de -sacs at the south of the property. Menkveld presented the revised preliminary plat to the members. Some variances for lot dimensions were also requested. Lot 7 Block 1 " 9 H 6 " 11 " 6 These are on a cul -de -sac and " 13 " 6 have mean lot depth and are not " 23 6 135 feet deep. " 25 " 6 " 27 " 6 The board members determined that Jack Menkfelds variance requests has the 6 findings of fact. MOTION: Averbeck moved to recommend action on preliminary approval to council. Plat View - Sunrise Meadows •PPlication #88 -12 and acting as one variance. 1. Block 2, Lots 1, 10, 11 and 20 measure 103 feet in width as oppoosed to the required 105 feet. PAGE 2 • PLANNING AND ZONING JUNE 8, 1988 . 2. Block 5, Lots 1, 2 and 3 measure 132 feet deep as opposed to the required 135 feet. Block 6, Lots 27, 28 and 29 measure 131 feet deep as opposed to the required 135 feet. 4. Block 6, Lot 29 measures 103 feet wide as opposed to the required 105 feet. Also, Lot 7, Block 1 Lots 9, 11, 13, 23, 25 and 27 Block 6 These were listed on Mr Miller's memorandum and Ron Stahlberg's letter. Prokop seconded the motion. EDITORIAL CHANGE: Prokop made an editorial change: Block 1 Lot 4 the change of boundry line will be made by re- drawing the lot line between lots 4 and 5 at the 30 foot setback on lot 4. Nelson also said that the right of way width on Second Avenue is 80 feet. The Editorial changes support the facts of the motion. The motion was carried unanimously. DETERMINATION OF BUILDABILITY OF OUTLOT A, OTTER LAKE ESTATES, FOR JOHN MCLEAN - At the recent Board of Review John McLean stated that OUTLOT A of Otter Lake Estates was not buildable and should be taxed accordingly. The City Council asked that the Planning and Zoning Board review the land and advise the council as to whether or not it is buildable. MOTION: Prokop made a motion as to whether the property is buildable and comments at the present time it does not meet the requirements according to the ordinance and according to the information available to us it is unbuildable. It is an existing lot of record. Crohn seconded the motion. It appeared to the members that the original plat indicated access to Outlot A with a 60 foot wide easement between Lots 1 and 3. Mr. Prokop pointed out this would be an inference since he did not know the original platter and he could not make a definite judgement. The motion carried with Irwin and Nelson voting no. Nelson stated she voted no due to the fact it is an existing lot of record. PAGE 3 • PLANNING AND ZONING JUNE 8, 1988 ARV GEARMAN PUD REQUEST, APPLICATION 88 -19 Ary Gearman wishes to permit conventional stick - built home construction in the R -7 Manufactured Home Subdivision District. The reason behind this is slow sales of lots for the high value manufactured homes. He is late in assessment payments. Gearman believes that he will be able to sell lots quickly if he can sell to conventional builders and as a result he will be able to make his payments to the city. MOTION: Rezoning - Prokop moved that Rice Lake Estates be rezoned from the R -7 Manufactured Home Subdivision District to R -5 Planned Unit Development District. The reason is to develop the remaining lots quickly and in a manner consistant with previous development. This finding is based upon the actions of the City Council, and the City Planners remarks in his letter, the Planning and Zoning Board findings and to Mr. Gearman's request. Averbeck seconded the motion and the motion was carried unanimously. MOTION: Approval of PUD Agreement Jeff Joyer deleted item #5 completely in the PUD. Prokop seconded the motion and motion carried with Irwin voting no. MOTION: Prokop moved to amend item #2 that in the R -1X standards the quality of homes being built will be alike or similar quality to the existing homes in the area. Crohn seconded the motion - The motion carried 4 to 3 with Averbeck, Nelson and Irwin voting no. MOTION: Prokop moved to add item #16 "Manufactured housing meeting R -7 standards shall be permitted provided it meets the requirements outlined here." Seconded by Joyer and the motion carried unanimously. MOTION: Nelson moved to recommend the City Council adopt the PUD requirements as revised by the Planning and Zoning Board. Prokop seconded the motion and the motion carried unanimously. Joyer made a statement noting that the Planning and Zoning Board did not review item #9 as they did not know what the Park Board decided. • PAGE 4 PUD REQUIREMENTS FOR RICE LAKE ESTATES • • • PLANNING AND ZONING JUNE 8, 1988 1. Lots as previously platted shall be used for single family dwellings only. 2. Dwelling sizes shall meet the City's R -1X standards. The quality of homes to be built will be of like or similar quality to existing homes in the development. 3. Each dwelling shall have an attched two car garage. 4. All roof lines shall have a minimum 6:12 pitch. 5. DELETED 6. Satellite dishes greater than 2 1/2 feet in diameter, antennas, windmills, flag poles shall not be permitted. 7. All driveways shall be paved with either a bituminous or concrete surface. 8. All front and side yards shall be sodded. Each lot shall include one 1 1/2 inch shade tree. 9. (Incomplete) The developer shall increase his park dedication as follows: (to be completed by Ary Gearman, reviwed by staff and presented at the July 11 City Council meeting). 10. All of Lot 2, Block 1 - City well location - shall be deeded to the City. 11. Outlot A shall pay area and connection charges at time building permit is issued. 12. All outstanding taxes and assessments shall be paid at the time of final PUD approval. 13. All remaining lots in Blocks 1 and 2 shall require a Geotechnical Engineer's design for footings. 14. All lots cleared of vegetation shall be seeded. 15. Owner shall submit $2,500.00 escrow for Administration Engineering. 16. Manufacturing housing meeting R -7 standards shall be permitted provided it meets the requirements outlined here. PAGE 5 • • PLANNING AND ZONING JUNE 8, 1988 REQUEST FROM WEST OAKS HOMEOWNERS ASSOCIATION FOR A VARIANCE TO PERMIT CONSTRUCTION OF A GAZEBO, APPLICATION 88 -21 - The West Oaks Homeowners Association consists of 59 lot owners in the West Oaks Development. The Homeowners Association has three common properties, Outlot K - tennis courts (two each), Outlot J - Parking lot for the dock and beach, and Outlot D - 313 feet of lakeshore and dock with fourteen boat slips. The 59 lot owners are proposing the following: 1. Existing dock -to remain 2. Rip -rap approximately 75 feet of shoreline 3. Retaining Walls, approximately 75 feet of shoreline 4. Wood Deck and Walkways 5. Fencing - Split Rail or similar 6. Landscaping 7. Gazebo (possibly future) The site plan shows the outlot is very narrow and adjacent to Bald Eagle Blvd. The Homeowners are requesting a variance to permit construction of a deck. MOTION: Nelson recommended approval of a variance for deck construction to build within 3 feet of the property line, excluding plans to build a Gazebo. Nelson listed the 6 findings of fact. Averbeck seconded the motion. The motion carried with Irwin and Prokop voting no. Prokop voted no because of the safety factor in the land. PRELIMINARY SITE PLAN REVIEW FOR V.F.W. POST 6583 FOR PROPERTY ON LILAC STREET, APPLICATION 88 -18 The Veterans of Foreign Wars Post No. 6583 wishes to construct a new post on Lilac Street in the northwest quadrant of I -35W and Lake Drive. The proposed building would cover an area of almost 12,000 square feet with room for expansion. Included on the site would be 113 paved parking spaces with concrete curb. There also would be room for expansion of the parking lot on the approximately 8.5 acre site. .The Planning and Zoning Board commented that the site plans were acceptable. They want additional screening at the sides of the property and in front of the parking lots. A complete application will be submitted in July. PAGE 6 • PLANNING AND ZONING JUNE 8, 1988 SITE PLAN REVIEW FOR PAUL HOWARD FOR BALDWIN LAKE COURT, APPLICATION 88 -15 - In 1987 Paul Howard, owner of the Baldwin Lake Court Mobile Home Park, purchased approximately one -half acre of land on the northeast corner of his park. The half acre was contiguous on two sides to Howard's land and "squared -off the corner." After the purchase, the applicant petitioned for rezoning and the land was rezoned by Lino Lakes from R -1 Single Family Residential to R -6 Manufactured Home Park District. Howard is now asking for a site plan review to allow parking of three extra mobile homes on the approximate half -acre site. MOTION: Irwin recommended approval of the request for rezoning for Paul Howard for Baldwin Lake Court, Application #88 -15 as presented with the agreement that screening will .be provided on the north side of the lot and that Section 6 subd. 10 (E) (5) (F) allowing a 0 side setback if the adjoining dwelling is 30 feet away be complied with. Joyer seconded the motion and the motion was carried unanimously. REQUEST FROM JAMES LOUGHREY FOR REZONING OF PROPERTY AT 7781 LAKE DRIVE, APPLICATION 88 -17 - James Loughrey owns a pole barn at 7781 Lake Drive. He bought the building as an investment and is renting portions of it to different tenants. Recently he was approached by the owner of a small machine shop looking for space. The machine shop manufactures brass and aluminum couplings. Loughrey has some vacant space and would like to rent to the owner of the machine shop. At present 7781 Lake Drive is zoned for general business activities and the machine shop is not a permitted use in the GB General Business District. After condiserable discussion the applicant amended his application from a rezoning request to conditional use. The zoning ordinance lists "offices and shops for small contractors (no exterior storage) as a conditional use. The members felt this applied to Loughrey's land. •MOTION: Prokop moved that Application 88 -17 - James Loughrey for rezoning be amended to a conditional use for property at 7781 Lake Drive. The conditional use to be as described under the provisions of the zoning ordinance PAGE 7 • PLANNING AND ZONING JUNE 8, 1988 subdivision 15 general business item #7L for offices and shops for small contractors. In particular Loughrey is to be permitted to lease out his building for a machine shop, with the provision that he get rid of his reader board outside the building. This applicant was agreeable to this. Crohn seconded the motion and the motion was carried with Joyer abstaining. REQUEST FORM RON BIRCH FOR CITY INITIATED REZONING OF PROPERTY ON COUNTY ROAD 54 NEAR ASH STREET (NO APPLICATION NUMBER ). Ron Birch owns 20 acres of land on the southeast shore of Amelia Lake. In 1987 Birch requested and received approval to subdivide the land into two ten acre parcels. This met the requirements of the new comprehensive Rural Zoning 411district. At present Mr. Birch wishes to subdivide the full 20 acres into seven lots and to build homes costing a minimum of $200,000. He would like to have the 20 acres placed in the SR -X district, the same zone found east of I -35E. Birch is willing to give assurances that high value homes will be built. Ron Birch worked with the task force that studied the land use issue and that group spent a considerable amount of time with land in southeast Lino Lakes. In this regard, Birch's land was considered for designation in the 2 1/2 acre lot area. However, the issue of whether the land was buildable or not was raised. After that question was resolved Birch's land was again considered for the 2 1/2 acre residential lot designation. At the last moment though it was placed in the rural area. At this time Birch feels there may have been some misinformation about the buildability of his land and that may have been the reason for the change to the ten acre designation. MOTION: Prokop recommended to the City Council that Ron Birch's property be re -zoned from RX to SR -X. The land was placed in the wrong zone for the reasons in John Miller's memo. Averbeck seconded the motion and the motion was carried with Joyer voting no. PAGE 8 PLANNING AND ZONING JUNE 8, 1988 DISCUSSION OF ZONING ORDINANCE CHANGES IN ACCESSORY BUILDING SIZES (FROM TABLE OF MAY 11) Last month the members of the Planning and Zoning Board reviewed a draft proposal to amend the citys zoning ordinance changing the permitted sizes of accessory buildings. After some discussion the agenda item was tabled and John Miller, our City Planner, was given direction in preparing revised recommendations. Alan Irwin, presented a revision of the ordinance that he had prepared. The members felt it would meet the city's needs in controlling accessory building sizes. MOTION: Prokop recommended a sample ordinance on accessary buildings be written by John Miller incorporating Alan Irwins proposals to present at the next meeting, with additional valid reasons a resident can request a 411conditional use permit. Averbeck seconded the motion. EDITORIAL CHANGE: Joyer made a change: For lots of five or more acres, attatched garages are not to be counted in determining accessory building totals. The motion was carried unanimously. NEW BUSINESS: Mr. Parrento - Heritage Homes (Gardner Brothers) had sent out packets to Planning members showing a concept plan for residential development of the 80 acres Paul Montain property. He asked to discuss the proposal with the Planning and Zoning Board. He noted that he had Department of Natural Resources approval and that the City Engineer had stated that sewer capacity from the Birch Street force main was available to the project. The City Planner stated these were not true statements. No concept plan approval was given. Parranto said he would reappear in July with a preliminary plat. No concept plan approval was given. OLD BUSINESS: NONE MOTION: Prokop moved to adjourn the meeting at 11:45 p.m. *Nelson seconded the motion and the meeting was adjourned. PAGE 9