Loading...
HomeMy WebLinkAbout12/14/1988 P&Z Minutes• • • PLANNING AND ZONING BOARD December 14, 1988 Chairperson Dave Cody 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 Dave Cody, Boardmembers Elmer Crohn, Cheryl Nelson, Arlene Averbeck, Charles Prokop, Jeff Joyer, and Alan Irwin. Also present were: Councilmembers Harold Bisel, Bill Bohjanen, and Andy Neal; City Planner, John Miller; and Secretary, Laura Elken. CONSIDERATION OF MINUTES Page 2, An additional final paragraph under Rezoning for Harvey Cheesbrough should read: "No action was taken at this time pending Mr. Cheesbroughs decision." Pg. 7, paragraph 7, is changed to read: "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,..." Pg. 7, paragraph 9, is changed to read: "...Elmer Crohn moved to recommend to City Council to accept the minor subdivision 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..." MOTION: Charles Prokop moved to approve the minutes of November 9, 1988 Planning and Zoning minutes as corrected. Ms. Averbeck seconded the motion, motion was approved unanimously. REQUEST FOR CONDITIONAL USE PERMIT FROM ADAMS OUTDOOR ADVERTISING, APPLICATION #88 -38. Adams Outdoor Advertising has submitted two applications to locate billboards in Lino Lakes. One of the 45 foot high, lighted structures would be located in the northwest quadrant of Lake Drive and I -35W and the second would be in the northeast quadrant of County Road 14 and I -35E. The billboards would be located on a single steel pedestal. Page 1 • • • PLANNING AND ZONING BOARD December 14, 1988 Chairperson Dave Cody removed himself from the board. He does know Mr. Graiziger well, he was an executive with Naglee and has a high reputation for excellence in the Advertising Community. Chairperson Cody conducted the hearing, but took no part in the voting. John Bodger, a Representative of Adams, stated his two applications do meet the city's Ordinance requirements. He also said that in the outdoor advertising business, when the property does become developed, they would remove the signs. Graiziger and Bodger have purchased a parcel of land on the northeast corner of County Road 14 and 35E. This parcel is zoned General Business "GB ". This sight along with the 35W site is zoned Light Industrial "L -I ". Mr. Prokop requested clarification relative to Conditional. Use Permits and the Sign Ordinance. The applicant feels that because he has met all city requirements, he should be eligible for the Conditional Use Permit. John Miller stated that the sign ordinance is concerned with distance from sign to residential property, things like that. Adams Outdoor Advertising has met all the requirements, although Mr. Miller felt the erection of the billboards would detract from the desireability of the land for the high -value commercial and industrial uses planned for those areas. The Economic Development Committee recommended that the application for the billboards be denied. Ms. Nelson stated she is not opposed to an outdoor advertising sign, just the locations in which Adams is requesting. She also felt the billboards may detract people from looking at purchasing the land on or near the billboards. Boardmember Irwin felt the board should grant this Conditional Use Permit until the property becomes developed. Although he felt it might be a waste of time if construction will be done in the near future. MOTION: Cheryl Nelson moved to recommend to City Council denial of application for Conditional Use Permit for Adams Outdoor Advertising, Application #88 -38 for billboard signs located in the northwest quadrant of Lake Drive and I -35W, and the northeast quadrant of County Road 14 and 35E. Page 2 • • • PLANNING AND ZONING BOARD December 14, 1988 Denial is based on findings from Section 5, Subdivision 5, where it states "...the Council shall order the issuance of the conditional use permit only if it finds that such use at the proposed location: 2. Will be harmonious with the general and applicable specific plans and policies of the Comprehensive Plan of the city and this Ordinance. 3. Will be designed, constructed, operated, and maintained so as to be harmonious and appropriate in appearance with the existing and /or intended character of the general vicinity and will not change the essential character of that area. 5. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community. Boardmember Prokop seconded the motion, motion passed with Chairperson Cody abstaining and Mr. Irwin voting no. Boardmember Irwin would allow the billboards to remain for a certain time period, or once development occurs the billboards would then have to be removed. The applicant had no objections to this, and he feels we should allow Adams the Conditional Use Permit. REZONING REQUEST FROM EL REHBEIN, APPLICATION #88 -36. This item was tabled at the November Planning and Zoning meeting to allow consideration of a sewer request. The availability of sewer to this project is paramount in determining its use. The city is still receiving petitions. At the December 27th Council meeting a feasibility study will be ordered. MOTION: Arlene Averbeck moved to table the Rezoning Request from El Rehbein, Application #88 -36 until the P &Z meets in February. By that time the City Engineer, Ron Stahlberg should have the feasibility report completed and the boardmembers can better determine the best use of the land. Page 3 • • PLANNING AND ZONING BOARD December 14, 1988 Jerry Blackbird had no objections to the tabling. Mr. Irwin seconded the motion, motion passed with Mr. Joyer abstaining. MINOR SUBDIVISION REQUEST FROM SYLVIA MARIER, APPLICATION #88 -39. Sylvia Marier owns approximately 40 acres of land in the northeast part of Lino Lakes. She recently made application to subdivide the land into four parcels. Three of them would be ten acres and the fourth would be 9.1 acres with a half acre exception. The applicant has submitted a resubdivision plan for the four parcels and is willing to grant easements for roads and utilities. The resubdivision plan shows a curvilinear street pattern for the area that avoids wetlands found on the property and that shows future development into 90 foot wide residential lots. The location and placement of the lots is such that easements for county ditches and a power line would not interfere with construction of the houses. Ron Stahlberg, the Lino Lakes City Engineer, superimposed the resubdivision plan in an aerial photo of the Marier property and found the plan followed the contours of land. Mr. Stahlberg felt the subdivision should be approved. John Miller, City Planner, called Hult and Associates, the surveyors who completed the work, and complimented them on a job well done. The land is in the city's "R" Rural zoning district. The minimum lot size is ten acres with 330 feet of frontage. Mr. Miller is not concerned that one of the parcels is less than ten acres as quarter - quarter sections are seldom exactly 40 acres in size. the applicant has met the spirit of the city's zoning ordinance. Mr. Prokop would like to issue a variance for the parcel . that is 9.1 acres. He is not against the splitting, but he is concerned about a precedent being set that we may (as a board) not find comfortable with in the future. Ms. Nelson feels we can state that the problem is hardship of the land and even with the half acre exception this plot was shy of 40 acres. Page 4 • • • PLANNING AND ZONING BOARD December 14, 1988 MOTION: Alan Irwin moved that according to zoning Ordinance, Section 4, Subdivision 35, (6) that requirements for the lot split be waived based on the following reasons: Since this proposed lot split is an area zoned Rural and outside the MUSA line; and, Since these 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 review by the City Engineer, comments by the Park Board, a grading plan, and topography, and, Since the easements to be taken are not necessary either at this time or in the foreseeable future, 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. Therefore, in the accordance with the Zoning Ordinance, Section 4, Subdivision 35 (6) it is moved that the requirements for lot split be waived. Jeff Joyer seconded the motion. Irwin and Joyer in favor, Nelson, Averbeck, Crohn, Prokop voted against. Motion fails. MOTION: Cheryl Nelson moved to recommend to City Council approval of application #88 -39 for a Minor Subdivision for Sylvia Marier as presented with dedication of the easements shown on the resubdivision plan, contingent upon granting of a variance for parcel D. Mr. Crohn seconded the motion, and the motion was approved unanimously. MOTION: Cheryl Nelson moved to grant a variance to parcel D allowing 9.1 acres stating that we are able to find the 6 findings of fact as set forth in the subdivision ordinance. Listed below are the 6 findings of facts: 1. That the property in question cannot be put Page 5 • • • PLANNING AND ZONING BOARD December 14, 1988 2. to a reasonable use if used under conditions allowed by the official controls. 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 priviledge 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. 6. That the proposed actions will be in keeping with the spirit and intent of the ordinance. This property is unique, and could not be put to reasonable use due to the shortness of the 40 acres. This motion is contingent. upon Ms. Marier filing the appropriate documents in order to substantiate the request for a variance. The applicant has agreed to this. Mr. Prokop seconded the motion, and was approved unanimously. ACCESSORY BUILDING AMENDMENTS TO THE ZONING ORDINANCE: Ms. Nelson researched the accessory building ordinance of three cities. The City of Blaine allows 1200 S.F. of garage space which is a combination of attached and detached garages or accessory structures with a 200 S.F. additional shed or greenhouse. This pertains to Single Family Zones. Shoreview is similar, allowing 1500 S.F. in 3 buildings including the attached garage. Page 6 PLANNING AND ZONING BOARD December 14, 1988 Brooklyn Park only allows 1000 S.F. or 10% of lot area, whichever is smaller and 2 detached structures. This also includes the attached garage. In summary Ms. Nelson proposes: 3 structures maximum - including attached garage 1400 S.F. total floor space 1 of the 3 structures a maximum of 200 S.F. Ms. Nelson also suggests attaching the 10% of lot area maximum, like Brooklyn Park does. Mr. Irwin felt 3 structures on a small lot in addition to the home is too many. There was considerable discussion on the height of the accessory buildings, making garages accessable to mobile home units. Mr. Crohn pointed out that the Ordinance states the maximum door height is 10 feet, even if the height of the garage was raised to 18 feet, only a 10 foot high door is allowed. Gene Bloomquist stated most motor homes are 12 feet high, but also has an air conditioner that would require an even higher door. Chairperson Cody requested Ms. Nelson obtain a copy of the actual ordinance. Mr. Crohn feels we should not increase the height of accessory buildings, rather address each one separately. MOTION: Cheryl Nelson moved to recommend to City Council adoption'of an Accessory Building Ordinance stating: 1. 3 structures maximum including the attached garage. 2. Square footage of 1200 S.F. garage space which is a combination of the attached and detached garages, or accessory structure, or 10% of lot area, whichever is smaller. 3. 200 S.F. additional shed or green house Page 7 • • • PLANNING AND ZONING BOARD December 14, 1988 4. One of three structures is a maximum of 200 S.F. 5. Maximum height for detached or attached . garages be 18 feet high. Door height will be established through the State Building code requirements. Mr. Joyer seconded the motion. Motion passed with Mr. Irwin voting no. Mr. Irwin feels 3 accessory buildings are excessive. The board directed staff to prepare this Accessory Building Amendment to be reviewed at the January Planning and Zoning Board meeting. NEW BUSINESS Mr. Prokop pointed out a parcel of land south of Rolling Hills Drive, to the west of Bald Eagle Lake. Most of this land is below the level of the roadway on both streets by about three to four feet during wet years. Six home sites are planned for this area. Mr. Prokop feels Rolling Hills drive needs to be widened. There is alot of wildlife in this area. Mr. Prokop is not sure if this is considered wetland, but they would have to fill this area. Mr. Joyer asked if discussion at this time is appropriate enlight of the fact that there is no application, soil test, and no information for us to act upon. Chairperson Cody stated Mr. Prokop is making the board aware of on -going development in our community. ADJOURNMENT Mr. Prokop moved to adjourn the meeting. Mr. Crohn seconded the motion, meeting adjourn 8:26 p.m. Page 8