HomeMy WebLinkAbout02/13/1985 P&Z Agenda & MinutesAGENDA
PLANNING AND ZONING BOARD
FEBRUARY 13, 1985
1. Call to order and roll call
2. Consideration and approval of minutes December 12, 1984 and
January 9, 1985
3. Building Official's Report
4. 7:15 Apppoint Chairman and Vice Chairman
5. 7:25 Open Mike
6. 7:45 Donnell Realty
A. Metes & Bounds Conveyance
B. Variance Cul -de -sac Length
7. 8:15 Audrey Burque
A. Metes & Bounds Conveyance
8. 8:45 Paul Tubbs
A. Metes & Bounds Conveyance
9. 9 :15 Jim Landsberger
A. Conditional Use Permit - Advertising Sign
10. Old Business
11. New Bulginess - Agenda items time spacing /
12. Adjourn
94
Planning and Zoning Board
February 13, 1985
John McLean opened the regular meeting of the Planning and Zoning
Board at 7:05 P.M., Wednesday, February 13. Mr. Goldade, Mrs.
Klaus, Mr. Ostlie and Mr. Cody were in attendance. Mr. Prokop
joined the meeting later. Mr. Doocy was absent. Also present
were Mr. Schumacher, City Administrator; Mr. Kluegel, Building
Official; and Mrs. Foster, Secretary.
CONSIDERATION OF MINUTES - December 12, 1984 & January 9, 1985
Mrs. Klaus moved to approve the minutes of December 12 including
the changes suggested by Mrs. Klaus at the January 9 meeting.
(Those changes have been made to the December 12 minutes as
suggested in the January 9, 1985 minutes.) Mr. Goldade seconded
the motion. Motion carried.
Consideration of the January 9, 1985 minutes was tabled since
a quorum of the January 9 attendees was not present. These
minutes were considered later in the meeting, when Mr. Prokop
joined the meeting.
BUILDING OFFICIALS REPORT
Mr. Kluegel reported that -
1) Mr. Roland Ford will appear in court on March 20 since he
did not satisfactorily clean up his property as was ordered
by the court last fall.
1
2) Mr. Zack Johnson has been appointed as the City Planner. There
will be a transition period during this month to help Mr.
Johnson take over where Barton - Ashman leaves off.
3) At the January 28 Council meeting, the Accessory Building
Ordinance was approved and will be effective March' 12, 1985.
4) Also, at the January 28 Council meeting, the Council granted
a temporary sign permit until December, 1985 for Mr. Larry
Swistowski to display his business sign. The Planning and
Zoning had heard this request at their last meeting and
recommended denial of the sign permit.
5) The Council requested the Planning and Zoning Board to
readdress the temporary sign issue of the sign ordinance.
6) It has come to the attention of the Building Official that
the State Statute with regard to signs does not allow adver-
tising in a rural area. Some billboards currently in exist-
ence are grandfathered in. The State Statute supersedes the
City Ordinance. This knowledge would affect number 4) above.
APPOINTMENT OF CHAIRMAN AND VICE - CHAIRMAN
Per the City Council's directive, the P & Z Board appointed as
follows:
1
1
Planning and Zoning Board
February 13, 1985
Page Two
Mr. Cody moved to nominate Mr. McLean to serve as Chairman for
1985. Mr. Ostlie seconded the motion. Motion carried unanimously.
Mr. Cody moved to nominate Mr. Ostlie to serve as Vice - Chairman
for 1985. Mr. Goldade seconded the motion. Motion carried
unanimously.
OPEN MIKE
There were five items to be discussed under 'Open Mike', which was
added to this month's agenda for the first time. The purpose of
this is to allow persons to appear before the board with questions
regarding their own situations without the red tape involved.
The five items discussed were as follows:
Lino Video /Bright Interiors - Portable Sign - Mr. Michael Ring re-
presented these businesses asking about the portable sign which
they have been using to advertise their business. Mr. Kluegel
has informed Mr. Ring that the ordinance no longer allows this
type of sign and that it would have to be removed by February 15.
The Board suggested that Mr. Ring apply for a 30 -day permit which
can be issued for a temporary sign, since the sign is frozen to
the ground; and after the ground thaws, the sign must be removed
at which time Mr. Ring may consider a more permanent type of sign.
Mr. Ring was satisfied with this suggestion.
Feasibility - Body Shop - Mr. Richard Cape appeared before the
Board asking whether the Board would be in favor of a small body
shop (28'X32' garage) to repair minor dents and body work on a
parcel in a rural area. Mr. Kluegel had said that a rezone might
be necessary. The Board explained that rezoning one parcel for
this use would not be a viable alternative since it would be con-
sidered 'spotzoning' and that the other possibility of a variance
would be considered generally only if there was a hardship of the
land. The Board interpreted the ordinances relating to this type
of situation and explained that the ordinance would have to be
followed,
Feasibility - Car Wash - Two gentlemen appeared before the Board
asking how the Board would feel about the establishment ofa car
wash within Lino Lakes. No location had yet been determined.
The Board recommended that the gentlemen choose a location in
General Business (where a car wash is a conditional use) or in
an industrial district; make available some figures regarding
water usage, since possibly the. water usage and storm sewer usage
may warrant an area with utilities; and plan for an attractive•
building. If an application were made including the above the
Board would be agreeable to consider the venture.
Feasibility - Oversize Garage. Mr. Dennis Wegan appeared before
the Board asking how the Board would feel about him enclosing
his carport which is attached to his garage. Mr. Kluegel explained
that a building permit was issued to Mr. Wegan 'for a 1,000 square
foot garage. Mr. Wegan put the groundwork in for a 2,000 square
95
96
Planning and Zoning Board
February 13, 1985
Page Three
foot pole building and now wants to enclose his carport to give
him room for his snowplowing equipment. He stated that he had
a physical problem with his leg and couldn't track through the
snow to get to his equipment and also he felt that enclosed
equipment would be easier to look at than equipment laying around
his property. The Board felt that Mr. Wegan had not respected
the ordinance before when he built the oversize pole building,
Mr. Kluegel had red - tagged the building, and the ordinance does
not make allowances for his request; therefore, the Board would
not consider this request.
Feasibility - Pole Building to Board, Breed, Show Horses - Mrs.
Sampair appeared before the Board to ask their feelings about
anagricultural building in a rural area to be used as a commercial
operation to board, breed and show horses. The Board felt that
this item was more than what could be handled in a 'open mike'
situation and suggested that Mrs. Sampair return with a complete
application for this request with all the items needed to consider
this request. A stable of this type is a conditional use in a
rural area. Mrs. Sampair said she, along with the help of the
Building Official, would put together a package and return to the
Board.
Review of Open Mike - It was noted that the 'Open Mike' portion
on this meeting lasted about 40 minutes and dealt with five items.
Mr. McLean asked Pete to screen 'Open Mike' requests in the future
and allow five minutes per item.
DONNELL REALTY - METES AND BOUNDS SUBDIVISION
Mr. Robert J. Meyers, Realtor appeared before the Board in a re-
quest for a metes and bounds subdivision. This item is a continu-
ation from last month's meeting, wherein the Board asked that
Donnell Realty come back with more information than was presented.
Mr. Donald Nelson, who represented Donnell Realty last month was
on vacation this month and it seems that there may have been some
miscommunication between the two realtors because the items which
the P & Z Board requested last month were still not presented or
incomplete.
The Board again requested that Donnell Realty reappear with the
following information: 1) Will the street on the plan be public?
There are ordinances which govern this issue. 2) Per the engineer,
the entrance on Holly Drive and the cul -de -sac length are unaccept-
able. What other plan can be arranged? 3) What does Rice Creek
Watershed say about the plan?
Mrs. Klaus moved to table this item until the next meeting until
the requested information is presented. Mr. Goldade seconded the
motion. Motion carried.
The Board took a five - minute recess at this time.
1
1
1
1
1
97
Planning and Zoning Board
February 13, 1985
Page Four
AUDREY BURQUE - METES AND BOUNDS CONVEYANCE
Mr. Richard Kleinow, Realtor represented this item.
It was noted by Mr. McLean that this request for a metes and bounds
conveyance is for a parcel of property located within a square
bordered by OtterLake Drive and Elmcrest, south of Cedar Street. This
parcel is separated by the parcel discussed in the next agenda item
by a odd - shaped 40- acre parcel. It was felt that due to the fact
that there are two similar requests to consider in such close
proximity, that the City Planner should be involved to set a traffic
pattern for future development. It was also felt that since there
is a future park area planned within this area, that the Park Board
become involved in planning the whereabouts of the park area.
Mr. Prokop wanted the record to show that at the time of the
Comprehensive Plan update, he felt that this area should have been
zoned ER because of the possibility of future development, but
the Council turned down this idea.
The Board discussed the survey and sketch plans, etc. for this
metes and bounds conveyance request resulting in the following
motion.
Mr. McLean moved to table this item until a new drawing is pre-
sented to more clearly define the road and the lot dimensions;
until the City Planner has reviewed this item and the next agenda
item with regard to future traffic patterns; until there is a
topographical map and statement regarding the whereabouts of
utilities and utility easements; until the Park Board has reviewed
this item and the next agenda item with respect to park property.
Mr. Prokop seconded the motion. Motion carried.
The Board wanted to suggest to the Park Board that in this case
park land be set aside rather than money dedicated in lieu of land.
TUBBS REALTY - METES AND BOUNDS CONVEYANCE
Mr. Paul Tubbs represented this item. Some of the discussion
with regard to this agenda item took place during the earlier
agenda item (Audrey Burque Metes and Bounds Conveyance).
Mr. Ostlie moved to table this item until clearer dimensions
for frontages on the southeast part of the property shown on the
map are available; until the City Planner has reviewed this item
and the earlier agenda item with regard to future traffic patterns;
until there is a statement regarding the whereabouts of utilities
and utility easements; until the Park Board has reviewed this item
and the earlier agenda item with respect to park property. Mrs.
Klaus seconded the motion. Motion carried.
JAMES LANDSBERGER - ADVERTISING SIGN
Mr. Landsberger did not appear to represent himself. He had appeared
98
Planning and Zoning Board
February 13, 1985
Page Five
last month and said he would return this month to complete his
presentation. In the meantime, Mr. Kluegel has learned that
the State Statute with regard to signs states that advertising
in this case would not be allowed. That State Statute overrides
the City Ordinance.
Due to this fact, Mr. McLean moved to administratively remove
this item from the agenda and to refund Mr. Landsberger's entire
application fee. Mr. Goldade seconded the motion. Motion carried.
Mr. Kluegel was asked to take the necessary steps to determine
where our new sign ordinance does not conform to the State Statute,
bring this information to the Board and the Board will then make
the necessary changes. The Board also felt that the problem
with the temporary sign portion of the new sign ordinance will be
discussed after the above changes have been made.
CONSIDERATION OF MINUTES - January 9, 1985
With Mr. Prokop.in attendance at this point in the meeting, there
was a quorum of the January 9 meeting attendees required to con-
sider the minutes of that meeting.
Mrs. Klaus moved to approve the minutes of the January 9, 1985
meeting as presented. Seconded by Mr. Cody. Motion carried.
OLD BUSINESS
Mr. McLean asked Mr. Kluegel to consider the following in establish-
ing an agenda for future meetings: 1) List each item for discussion
under the 'Open Mike' section and limit each item to five minutes;
2) Assign an appropriate time allotment for each type of request
presented to the Board (example: variance 30 minutes, subdivision
60 minutes, etc.) and space the agenda using these time allot-
ments; 3) Keep in mind that the regular monthly meeting should
be finished by 10:00 P.M.
The Board discussed the fact that they are dealing with a larger
number of items as the City grows and that the three hour meeting
once a month has been outgrown. The Board felt that possibly they
would have to either make a cut -off after the agenda gets to a
certain length in time, or have additional meetings to handle the
load. No decision was made at this point as to how to handle this
problem.
The meeting adjourned approximately 10:00 P.M.