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HomeMy WebLinkAbout01/09/1985 P&Z Agenda & MinutesA G E N D A Planning and Zoning Board January 9, 1985 1. Call to order and roll call 2. Consideration and approval of minutes - December 12, 1984 3. Building Officials Report 4. 7:45 Rezone ER to LI, Variance lot size & width - Joe Spetzman 5. 8:00 Metes and Bounds Subdivision - Donnell Realty 6. 8:15 Rezone, site & Bldg. Plan Review - Bruse Hansen 7. 8:30 Advertising sign conditional use - Larry Swistowski 8. 8:45 Advertising sign conditional use - Jim Landsberger 9. Old Business 10. New Business 11. Adjourn 90. Planning and Zoning January 9, 1985 The regular meeting of the Lino Lakes Planning and Zoning Board was called to order at 7:30 P.M., Wednesday, January 9, 1985 at Lino Lakes City Hall by Chairman McLean. Cody, Doocy, Prokop, Klaus were in attendance. Mr. Ostlie and Mr. Goldade were absent. Mr. Chapman, City Planner; Mr. Kluegel, Building Inspector; Mr. Kulaszewicz, City Council Liaison; and Mrs. Foster, Secretary were also present. BUILDING OFFICIAL'S REPORT Mr. Kluegel reported that the Dog Kennel Ordinance was approved at the December 27 Council meeting. Public hearings were set as follows: Accessory Buidings Ordinance public hearing - 1/28/85 at 7:30 P.M.; Group W Cable Conditional Use Permit public hearing - 7:30 P.M., 1/14/85; John Udstuen Kennel License public hearing - 1/14/85 at 7:15 P.M. CONSIDERATION OF MINUTES Mrs. Klaus noted that a change should be made on page three of the December 12, 1984 minutes within the first paragraph under the heading "Rezone ER to LI - Joe Spetzman ". Mr. Chapman was incor- rectly referred to as the City Engineer, and should be called the City Planner. She also stated that on nage four, fifth paragraph should read "Mrs. Klaus moved to recommend to Council approval of the conditional use permit application . . ." (adding the words "conditional use permit" before the word application). Mr. Prokop moved to table the approval of the minutes due to the fact that a necessary quorum of those present on December 12 was not present tonight. Mrs. Klaus seconded the motion. Motion carried. Rezone ER to LI - Joe Spetzman Joe Spetzman appeared before the Board in his continuing effort to have his property rezoned or a variance granted in order for him to construct a pole building on his property to be used for his and his son's business on his son's adjoining property. This item is being carried over from the last P & Z meeting, at which time the Board requested that Mr. Spetzman and Mr. Chapman, City Planner come up with a way of handling this matter which would satisfy the ordinance. The Board referred to an opinion supplied by Mr. Chapman. There seemed to be no alternative within the ordinance. Mr. Chapman was present and reiterated the points made in his opinion letter and also raised a few points of consideration for the Board. Dis- cussion followed resulting in the following motion. Mr. Cody moved to recommend to Council denial of the application by Joe Spetzman, 8171 Lake Drive dated 11/30/84 for a rezone because of the fact that approval would cause a spot zone situation and also because it would be inconsistent with the Comprehensive Plan. Motion seconded by Mr. Propkop. Motion carried unanimously. 1 1 1 91 Planning and Zoning Page Two January 9, 1985 Mr. Spetzman asked wfat recourse he would have. Mr. McLean reminded him that the P & Z Board is a recommending body and that the Council would make the final decision based upon this recommendation. Mr. Spetzman reminded the Board that he has sought legal counsel and has been told by three attorneys that the city's zoning of his property a couple of years ago, which caused him this problem was done so unconstitutionally and that he would continue his effort to allow his building. Metes and Bounds Subdivision - Donnell Realty Mr. Donald Nelson represented Donnell Realty in its application for a metes and bounds subdivision. Mr. McLean questioned Mr. Kluegel as to whether this application should be a metes and bounds subdivision or a plat. There was some discussion as to how park dedication charges are handled in either situation. Mr. McLean asked that Mr. Chapman advise. The Board felt that the package of information accompanying the appli- cation had insufficient information to warrant a recommendation to Council. Mr. Prokop moved to table the application by Donnell Realty for a metes and bounds subdivision until a complete package of information including the metes and bounds subdivision or plat question, drainage, frontage, legal descriptions, plan for maintenance, etc. is submitted. Mr. Doocy seconded the motion. Motion carried unanimously. Rezone and Site and Building Plan - Bruce Hansen Mr. Bruce Hansen appeared before the Board representing his applica- tion for a rezone and site and building plan required in order for him to construct a hanger at the Seaplane Base. He noted that a portion' of his property is zoned GB and part R -2. Mr. McLean stated that there was insufficient information submitted with the package to consider the site and building plan. Mr. Cody moved to table Mr. Hansen's application for a rezone and site and building plan until receipt of further information with regard to the site and building plan. Mr. Prokop seconded the motion. Mr. Hansen asked that the Board at least consider the rezone due to the fact that if a recommendation could be made with regard to the rezone, then the Council's process of public hearings re- quired for approval could begin. The site and building plan he could resubmit with more complete information at the next meeting of the P & Z. The Council could act upon the site and building plan as soon as it is presented to them, without public hearings. This would speed up the process for Mr. Hansen. Mr. Prokop then withdrew his second to the motion, thus motion died. 92 Planning and Zoning Page Three January 9, 1985 Mr. Hansen's application was then changed to a rezone from R2 to ER after some discussion as to what would be the best zoning to change to, and also to include a variance of frontage requirements. Mr. Cody moved that the amended application of Bruce Hansen, 6980 Lake Drive, Lino Lakes for a rezone from R -2 to ER be granted. In addition he recommended that the amended application for a variance as to the frontage required on Lake Drive be granted based on the fact that the property in question cannot be put to a reasonable use under the conditions allowed by official controls; that the plight of this particular applicant is due to circumstances unique to this particular property; that the hardship created by the parti- cular property is not due to economic considerations alone; that the granting of this particular variance will not infer onto Mr. Hansen any special privilege that would be denied by this zoning ordinance to other land structures, buildings in the same district; that the proposed action of Mr. Hansen for a variance will not unreasonably diminish or impair the property values with the adjoining neighbor- hood; and that the application for a variance is in keeping with the spirit and intent of our particular zoning ordinance. Mr. Doocy seconded the motion which carried unanimously. Mr. Hansen was told that he would have to reappear for consideration of a site and building plan after submittal of a complete package of information. The Board recessed at 9:10 and reconvened at 9:17. Advertising Sign Conditional Use Permit - Larry Swistowski Mr. Larry Swistowski appeared before the Board requesting a condi- tional use permit to allow him to put up a temporary wood 10' X 32' advertising sign on his property to advertise his business. He showed anexample of the sign and explained it would not be lighted, and would be one - faced. Presently, there are billboards near his property which would not allow the necessary distance between signs per Ordinance. Questions and discussion followed resulting in the following motion. 1 Mrs. Klaus moved to recommend to Council denial of the application for a variance and conditional use permit submitted by Larry Swistowski, of 1709 E. 81st Avenue, dated 1/4/85 due to the fact that it would not conform with the 1200 foot distance between signs requirement, the construction of the sign is wood and not steel as required by the ordinance and also because the sign does not fall into the "temporary sign" definition in the ordinance. Mr. Cody seconded the motion. Motion carried. Advertising Sign Conditional Use Permit - Jim Landsberger Mr. Jim Landsberger appeared before the Board requesting a condi- tional use permit to put up an advertising sign on his property. He presently is using a portable sign on a trailer. He asked about continuing use of the portable sign. The procedure with regard to portable signs being allowed only for 30 days with permit and a fee for each 30 -day period was explained to him. There were ques- 1 1 1 Planning and Zoning Page Four January 9, 1985 tions regarding the specifics of the proposed sign - lighting, size, etc. Mr. McLean asked Mr. Kluegel why a sign application form for this request and the request by Mr. Swistowski was not included within the package and asked that it be included in the future. Mr. Landsberger explained that he was not certain about the design of the sign and that he would not need approval until the spring at which time he could construct the sign. Mr. Prokop moved to table the application of Mr. James Landsberger of 7849 Main Street, dated 1/2/85 for a conditional use permit for an advertising sign until Mr. Landsberger has researched the best type of sign for his purpose and also put together a proposal which complies with the sign ordinance. Mrs. Klaus seconded the motion. Motion carried. Old Business There was no old business to address. New Business Mayor Benson had attended tonight's meeting and addressed the Board asking for a joint meeting between the City Council and the P & Z Board. He suggested a date of January 19, which was acceptable to the Board. A time of 8:00 A.M. was set. The meeting would not in- clude breakfast, but rather rolls and coffee. Mayor Benson also asked the Board to consider a start time of 7:00 P.M. for their meetings and a 10:00 P.M. finish, which would be consistent with other City Boards. The Board agreed to this. In order to clear up the question of why the Council interviewed candidates for the City Planner position, Mayor Benson said that it seemed the natural course of events for the Council to inter- view the candidates and also because there are some cost problems which must be taken into consideration before a decision is made. The Board was reminded to try and remember the spirit and intent of the city ordinances when acting on issues. Mayor Benson also suggested acting upon issues separately, such as a rezone separately and then a variance separately as a time saving element. Mr. Prokop asked what kind of public feedback Mayor Benson receives, to which he answered that some people feel intimidated simply to appear before the Board and also the length of meetings and time required to process applications seems longer than necessary, The Board felt that often there is incomplete information upon which to consider an issue. Mr. Kluegel was reminded to be sure to use a checklist in preparing the P & Z packets. Mayor Benson stated that he would possibly require the City Administrator to attend future meetings and also ask him to preview the P & Z packet to assure that all applications are complete. The meeting adjourned at 10:10 P.M. Aye, 93