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HomeMy WebLinkAbout11/09/1988 P&Z MinutesPLANNING AND ZONING BOARD November 9, 1988 Chairperson Cheryl Nelson called the regular meeting of the Lino Lakes Planning and Zoning Board to order at 7:04 p.m. Wednesday, November 9, 1988 at the Lino Lakes City Hall. Boardmembers present include: Chairperson Cheryl Nelson, Alan Irwin, Jeff Joyer, Elmer Crohn, and Arlene Averback. Also present were: Councilmember, Harold Bisel; City Planner, John Miller; City Engineer, Ron Stahlberg; Building Official, Pete Kluegel; and Secretary, Laura Elken. Members Absent: Dave Cody, 7:09 Charles Prokop assumed his position. CONSIDERATION OF MINUTES Pg. 1 under Open Mike, 2nd paragraph should end with "unless there is city sewer ". Pg. 1 3rd paragraph should read "No action was taken ". Pg 2, 2nd paragraph instead of "meeting all the requirements" should read "meeting all the old R -1 requirements ". Pg 2, instead of "Motion was approved unaminously" should read "and the motion was passed with Mr. Irwin saying No ". Pg. 2 paragraph 9 should read "acceptance of the September 21, 1988 rezoning recommendation ". Pg. 5 paragraph #1 should read "based on hardship to the land ". MOTION: Arlene Averback motions to accept the minutes as amended. Irwin 2nd the motion and the motion was approved unamiously. OPEN MIKE No one appeared under open mike. Page 1 • PLANNING AND ZONING BOARD November 9, 1988 RECONSIDERATION OF INITIATION OF REZONING FOR HARVEY CHEESBROUGH (FROM TABLE OF 10/5/88). Cheesbrough's land covers 7.5 acres at the northwest quadrant of Lilac Street and Fourth Avenue. Mr. Cheesbrough purchased his property knowing it was zoned for single- family use. He is now running a dispatch operation out of his home. Cheesbrough is asking the Board to rezone his property to Light Industrial (L -I). Cheesbrough has removed all but one truck and trailer from his residence while this rezone is being considered. He has been issued a permit for the remaining truck and trailer. City Planner, John Miller stated the city had the following two options: 1. Legitimize Cheesbrough's industrial use of the land by initiating the rezoning. 2. Require that Cheesbrough use the land as it was at the time of his purchase, i.e. single family residential. Direct the city's zoning ordinance. Irwin suggested rezoning 165' of his property. Irwin also noted that his property would have to be zoned General Industrial (G.I.) to allow for trucks to be stored and used. The Board felt that Mr. Cheesbrough may petition for a rezone, but that the members did not look upon this favorably. There was some sentiment for a home occupation permit. If Mr. Cheesbrough meets the home occupation requirements the zone could remain Single Family Residential and a permit may be issued for a home Based business. No action was taken at this time pending Mr. Cheesbroughs decision. CONSIDERATION OF PRELIMINARY PLAT OF WOODRIDGE ESTATES FOR 411 CARLSON, DROPPS AND ASSOCIATES, APPLICATION 88 -28. Page 2 • • PLANNING AND ZONING BOARD November 9, 1988 The Planning and Zoning Board has approved the concept plan for the parcels and has considered a preliminary plat submitted for review at its October 5th meeting. Action on the plat was tabled because in part - unanswered questions about the roadway extending north from the plat. Other concerns included drainage and in particular Rice Creek Watershed Distict approval. Mr. Bloomquist, the seller of the land, stated he has a pole barn next to the property line. Bloomquist stated he is willing to remove his pole barn if he is able to add a 3 -car detached garage as an accessory building. Under the current ordinance Bloomquist would be allowed an 800 square foot building (24 feet x 32 feet). The members asked Mr. Bloomquist if he could have the new building done by July 1, 1989. He stated he could. The pole barn would be removed at that time. Mr. & Mrs. Havlisch spoke their concerns about the possibility of their property value dropping with the proposed road running past their back yard. The Board did not feel the street would lower their property value. Ron Stahlberg, City Engineer, will review the plat and look at an alternate to the proposed road. Stahlberg also suggested leaving the sewer locations as it stands even if they do move the road. MOTION: Arlene Averback moved to recommend to the City Council the approval of the Preliminary Plat as recommended by John Miller - City Planner, contingent upon the following: 1. Completion of the comprehensive drainage plan for section 31 by the City Engineer. 2. Approval of the plat by Rice Creek Watershed District, Department of Natural Resources, and the U.S. Army Corps of Engineers. 3. Resubdivision of lot 10 with removal of the accessory building from the Bloomquist property building to be removed by July 1, 1989. Page 3 • PLANNING AND ZONING BOARD November 9, 1988 4. Other recommendations found in the City Engineers' letter of October 27, 1988. 5. The sewer be installed as indicated, but the road be installed in an alternate area if feasible and workable and in the interest of economics. Charles Prokop seconded the motion, all in favor with the exception of Jeff Joyer voting no. MOTION: Alan Irwin motions to recommend to the City Council that staff be directed to obtain slope easements, drainage easements, and rights -of -way in Section 31 to permit development of Woodridge Estates as shown in the preliminary plat submitted October 21, 1988. Arlene Averback seconded the motion, all in favor except Jeff Joyer voting No. REVIEW OF MINOR SUBDIVISION FOR MARCELINO AND REFUGIA LOPEZ, APPLICATION 88 -31. (FROM TABLE OF OCTOBER 5, 1988). At the October Planning and Zoning Board meeting the request from the Lopez's was tabled. The board requested that the resubdivision plan be revised to remove future streets and roads from the wetlands. There was also concern about the grid street pattern. A revised resubdivision plan and draft easement was presented to the board. After discussion a motion was made. MOTION: Alan Irwin stated that: Since this proposed lot split is an area zoned rural and outside the MUSA line; and, Since both proposed lots are in excess of 10 acres and in excess of 330' frontage; and, Since these 10 plus acre sites allow sufficient flexibility in subdivisiion 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 provide with a preliminary plat such as Page 4 PLANNING AND ZONING BOARD November 9, 1988 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 subdivision 35 (6) it is moved that the requirements for lot split be waived. Motion failed. Irwin & Joyer in favor, and Crohn, Averback, Prokop and Nelson opposed. Arlene Averback moved to recommend to City Council the minor subdivision, Application #88 -31 as presented, changing park to outlot. Elmer Crohn seconded the motion and the motion was approved unamiously. REVIEW OF MINOR SUBDIVISON (LOT COMBINATION) FOR CHESTER AND CECELIA LAROCQUE, APPLICATION 88 -32. (FROM TABLE OF OCTOBER 5, 1988). The applicants own lots 5,6,7 and 8 of Auditors Subdivision No. 100. The land is located on the east side of Lake Drive immediately north of the VFW Club. The LaRocque's own two dwellings on these four lots as well as a number of accessory sheds and buildings. Currently one of the houses is used as the LaRocque residence and the second is a rental. The applicants have a purchaser for the north residence. However, the buyer wishes also to buy two accessory buildings. The buildings measure 14 x 22 feet and 20 x 24 feet. The house is located on lot 5 and the two sheds are on lot 6 along with half of a 40 x 72 pole barn. The applicants Page 5 • • • PLANNING AND ZONING BOARD November 9, 1988 couldn't sell their buyer lot 6 without losing half of the bigger building. The LaRocques propose to subdivide lot 6 at a right angle to Lake Drive. The northerly portion of the subdivided lot would be attached to lot 5 and the southerly part of lot 6 would become part of lot 7. By doing this, the applicants would retain ownership of the land on which the big pole barn is located, as well as maintaining a 12.8 foot setback from the new property line. In addition, the LaRocques could sell the residence and the two garages. A 12 foot plus setback would be maintained between the garages and the new property line. After discussion a motion was made. MOTION: Arlene Averback moved to recommend to City Council approval the lot combination for Chester and Cecelia LaRocque, Application #88 -32. Elmer Crohn seconded the motion and the motion was approved unamiously. CONSIDEREATION OF PRELIMINARY PLAT OF LAKES ADDITION NO. 9 FOR EL REHBEIN AND SON, INC., APPLICATION 88 -35. In July the Planning and Zoning Board considered a preliminary plat for Lakes Addition No. 9. The plat was based on a concept plan submitted earlier showing division of the land into 75 foot lots. The concept plan had been submitted to beat the enactment of increased lot width requirements by the board and the City Council. At the July meeting however, the boardmembers found that the preliminary plat submitted by the applicant did not meet the city code requirements. After the meeting the city engineer sent a letter to the applicant listing the needed changes. The preliminary plat currently submitted for the boards review has met those requirements. After discussion a motion was made. MOTION: Charles Prokop moved to recommend to the City Council approval of the preliminary plat for Lakes Addition #9, Application 88 -35 with the Stipulation that lot #2, Block #3 be designated as outlot A, a 75 foot frontage width be approved since the concept plat was approved before the Page 6 • PLANNING AND ZONING BOARD November 9, 1988 ordinance was changed, and be approved upon contingency of Rice Creek Watershed District approval. The city engineer has given his approval, Anoka Councy Engineer will be questioned on the width of streets, and drainage easements will be required on this plat. Irwin seconded the motion and the motion was accepted with Jeff Joyer abstaining. REQUEST FROM EL REHBEIN AND SONS INC., FOR REZONING OF LAND ON LAKE DRIVE, SOUTH OF MAIN STREET, APPLICATION 88 -36. MOTION: Arlene Averback recommends to table this item because of the possibility of sewer coming into this area. Prokop seconded the motion and the motion was accepted with Jeff Joyer obstaining. CONSIDERATION OF A MINOR SUBDIVISION FOR GETHSEMANE UNITED METHODIST CHURCH OF LAND NEAR 7500 LAKE DRIVE. APPLICATION 88 -37. Recently the Methodist church wanted to make sure it had clear title to its land. The church property has been for sale and with interested buyers started preparations for sale of the land. Unfortunately, the survey of the property showed that a residence owned by Forrest Tagg was located on the church's land. Tagg owns about 28 acres of land adjacent to the church property where he operated a sand - blasting business. Tagg's house has been on the church's property for a number of years. However, rather than go to court over the ownership issue, the church and Tagg have agreed that Tagg can have the land on which his house is located. Tagg is in turn responsible for the fee involved in getting the land surveyed and in transferring title. After some discussion a motion was made. MOTION: Elmer Crohn moved to recommend to City Council to accept the minor subdivison for Gethsemane United Methodist Church, Application #88 -37 as presented, and that the smaller parcel with the house will be combined with the parcel to the north. The Planning and Zoning Board also recommends to City Council the possibility of vacating the east 100' section of roadway if feasible. Page 7 • PLANNING AND ZONING BOARD November 9, 1988 Charles Prokop seconded the motion, all were in favor with Arlene Averback abstaining. DISCUSSION OF ACCESSORY BUILDING AMENDMENTS TO THE ZONING ORDINANCE (FROM TABLE OF OCTOBER 5, 1988). A resident at 4969 Sunrise Drive has a 20 x 22 garage. In the winter and spring water drains onto his garage floor and freezes. He would like to move his garage and then in the future add on an attached garage. No decision or variance was granted at this time. He would be allowed to move his garage. The Board will act on this when the Accessory Building Amendments to the zoning ordinance are completed. MOTION: Charles Prokop moved to recommend Cheryl Nelson bring a proposed amendment regarding Accessory Buildings to the December meeting. Alan Irwin seconded the motion and the motion was approved unamiously. DISCUSSION OF VARIOUS AMENDMENTS TO THE SUBDIVISION ORDINANCE BY THE CITY ENGINEER. A. Maximum cul -de -sac length After discussion a motion was made. MOTION: Mr. Irwin moved to direct the City Planner, John Miller, to present a text amendment to discuss the length of cul -de -sacs. Averback seconded the motion and was approved unamiously. OLD BUSINESS Wildwood Estates Update /Elmer Crohn Elmer Crohn stepped down from the board and presented an update on his Wildwood Subdivision. Crohn stated he has made several revisions to his preliminary plat. Lots 21, 22, 23, and 24 of block 2 have been moved. Page 8 • • • PLANNING AND ZONING BOARD November 9, 1988 Many residents have stated they would like to see city sewer into this area. Mr. Crohn feels in December of 1988 he should recieve Rice Creek Watershed District approval. Now Wildwood Estates consists of 190 - quarter acre lots. The board stated the plat is improved, and feels Mr. Crohn should proceed with platting small lots. ADJOURN Prokop moved to adjourn the meeting. Elmer Crohn seconded the motion. Meeting adjourned 10:45 p.m. Page 9