Loading...
HomeMy WebLinkAbout05/08/1985 P&Z Agenda & MinutesAGENDA PLANNING AND ZONING BOARD MAY 8, 1985 7:00 P.M. 1. Call to order and roll call 2. Consideration and approval of minutes April 10, 1985 3. Building Official's Report 4. 7:15 Open Mike - Russell Rehbein 5. 7:20 Gordy Soil er - House Move in 6832 Lakeview Avenue 6. 7:35 John Dehen - Home Occupation Variance 6414 Otter Lake Road 7. 7:50 Agnes LaMotte - Conditional Use Flood Plain Mining Permit 6510 - 12th Avenue S. l 30/ 6 q 9 ;f 1 a I. 8. 8:05 Roselyn Vanelsberg - Metes & Bounds Conveyance o7 1 3 3 P.2 4/i � l sr S Sc a.� , ,v s o 3 9. 8:30 Zoning Amendment City Code, Appendix B, Section 4, Subdivision 17 (4) Areas without sanitary sewer 10. 8:45 Amundson Copstruction - Site & Building Plan Review Addition 7771 Lake Drive 11. Old Business DS-7 a .a-,-, P/Q 12. New Business 13. Adjourn *NOTE: There will be a special Planning and Zoning Meeting to discuss the Compre- hensive Plan on Wednesday, May 15th at 7:00 P.M. The City Planner will be in attendance. Please notify me if you can not attend at 464 -5562. 112 PLANNING AND ZONING BOARD May 8, 1985 The regular meeting of the Lino Lakes Planning and Zoning Board was called to order by Vice Chairman Wally Ostlie at 7:15 P.M., Wednesday, May 8, 1985. Goldade, Doocy, and Prokop were the other boardmembers present. Mr. McLean arrived later in the meeting. Mr. Cody and Mrs. Klaus were absent. Mr. Zack Johnson, City Planner; Mr. Kluegel, Building Official; and Mrs. Foster, Secretary were also present. CONSIDERATION OF MINUTES - April 10, 1985 Mr. Prokop moved to approve the minutes of the April 10, 1985 meeting as presented. Motion was seconded by Mr. Doocy and carried unanimously. BUILDING OFFICIAL'S REPORT Mr. Kluegel reported the following action by the April 22 Council: The subdivision of Audrey Burque was approved per P & Z recommend- ations. The subdivision of Paul Tubbs was approved per P & Z recommenda- tions. - The Keith and Jan Apitz addition was approved per P & Z recommend- ations. The Sampair horse boarding /breeding stable was approved per P & Z recommendations. - The Donnell Realty subdivision was approved per P & Z recommenda- tions with the exception that the road width be set at the standard for a rural area. Mr. Prokop voiced his concern with regard to the road width in the Donnell Realty subdivision. He suggested that this issue be further discussed as "New Business" toward the end of this evening's meeting. OPEN MIKE Mr. Russell Rehbein appeared before the board to explain his desire to construct a building on the property he owns (which is currently zoned as general business) for the purpose of boarding his own horses and those which he buys and sells. The property in question now has the Rehbein Transit bus barn on it, and Mr. Rehbein would plan a building that could be used for the transit business should be ever decide to sell either business. Mr. McLean explained that under the "Open Mike" portion of this meet- ing, that Mr. Rehbein is allowed to state his case and ask for direc- tion from the P & Z, but that no decisions will be made with regard to Mr. Rehbein's plans. Mr. Rehbein was directed to contact the City Planner for his suggestions on how to pursue this request, and to then appear before the P & Z with the proper paperwork as required by the Building Official. Mr. McLean had joined the meeting during this agenda item. 1 1 1 1 113 PLANNING AND ZONING BOARD May 8, 1985 Page Two GORDY SCHILLER - HOUSE MOVE -IN - 6832 LAKEVIEW AVENUE Mr. Kluegel presented this request to move in a house from the City of Vadnais Heights, where the house is being forced to move because the City has rezonedthe property where the house is, to be used for commercial purposes. Mr. Kluegel explained that the house will meet setbacks, the percolation tests are good, house meets state building code, the proper septic system is planned to be installed, the lot where the house is proposed to be placed is a 90' lot, and the house does not presently have a garage (the owner may want to add a garage in the future). Mr. Goldade moved to recommend to Council approval of the request by Gordy Schiller, 4514 McNemeny Rd., Shoreview, MN, dated 4/30/85 to move in a house to 6832 Lakeview Avenue, Lino Lakes. Motion was seconded by Mr. Doocy and carried unanimously. JOHN DEHEN - HOME OCCUPATION VARIANCE - 6414 OTTER LAKE ROAD Mr. Dehen and his attorney appeared before the Board to explain that Mr. Dehen is planning to purchase a home at 6414 Otter Lake Road contingent upon the City's allowing him to conduct a home occupation in the pole building at that address. The ordinance allows that a home occupation can be performed in the garage, but not in a pole building. Mr. Dehen explained that the type of business he is planning is wood- working, to be done on a part -time business, and that he had written to the City and to his neighbors. He distributed to the Board copies of the replies received from the City Planner and also from his neighbors. It was explained to Mr. Dehen's attorney that a variance continues with the land and thus must be requested by the owner of the property, rather than by a prospective buyer such as Mr. Dehen. The owner of the property is Dennis Wegan, who has no interest to request a vari- ance on his own behalf. Mr. Zack Johnson explained his findings, which basically would re- quire a text amendment changing the 10 acre requirement for home occupations to a 5 acre requirement. The other alternative would be a rezone, which would not be possible since that would be spot - zoning. Mr. Dehen's attorney, Mr. Jensen stated other permitted activities in the area such as the LeRoux mining activities and also a dog kennel in the area. Mr. McLean said that the mining activity is out of scope and is being investigated by the City. Mr. Jensen also pointed out that if Mr. Dehen were to purchase the land in question, that he would be unable to purchase more land to total a ten acre parcel since the adjoining land is government owned. 114 PLANNING AND ZONING BOARD May 8, 1985 Page Three Mr. Prokop said that he wanted to make certain that Mr. Dehen would be moving in and living in the home on the property. He was also reluctant to agree to this due to the possible future growth in the area. Mr. Dehen pointed out that the pole building, if not used in this way, would have no use to anyone. It has been insulated, with a concrete floor and is heated. He felt that if he appeared with an honest proposal, the City would understand that the building is useless for any other purpose. The Board explained that the owner built this building, and that the City cannot be blamed for the fact that the building is useless. Mr. Prokop moved to recommend to Council denial of the request by Mr. John Dehen, 1911 Lombardy Lane, White Bear, MN, dated 4/22/85 for a home occupation at 6414 Otter Lake Rd., Lino Lakes, MN, which would cause a variance to the ordinance, because the acreage in question is too small and approval would be against the intent of the ordinance and the comprehensive plan. .Motion seconded by Mr. Ostlie and carried unanimously. Mr. Zack Johnson reminded Mr. Dehen that he has the right to con- sider a request for a text amendment to change the acreage require- ment in the ordinance. The P & Z would not recommend approval of a request for a rezone in this situation. AGNES LAMOTTE - CONDITIONAL USE FLOOD PLAIN MINING PERMIT - 6510 - 12th AVENUE SO., LINO LAKES Mr. Kluegel and Alwin LaMotte presented the LaMotte's request to remove topsoil from their property. Mr. Kluegel explained that Rice Creek Watershed allowed two duck ponds to be dug on the property and that the dirt from these ponds is still piled there. He also stated that Rice Creek Watershed has responsibility for the county ditches. The LaMottes now wish to clean out the county ditch to improve the drainage of the property. It is required that record is kept of the cubic yardage of removed soil for sales taxes. Mr. Kluegel said that at least 2,000 cubic yards of soil will be removed. He also pointed out that the ordinance requires that the City consider the use of heavy equipment on the City streets in approving a mining permit, but since the property is located on a County road, no escrow is required. Mr. LaMotte stated that if approved, he may continue onto Pershing Weaver's adjoining land in the future. The Board suggested that if approved, the City Engineer will have to be asked to estimate the volume of soil removed. Mr. Kluegel did not feel this would be a problem. Mr. McLean said that this item will be considered after the City Engineer's estimate. 1 1 1 PLANNING AND ZONING BOARD May 8, 1985 Page Four Mr. Doocy moved to table this agenda item until the next quorum meeting of the P & Z Board. The next work session meeting is scheduled for May 15, 1985. Should a quorum be present, a recom- mendation to Council can be made at that time, with the City Engi- neer's soil removal estimate. Should a quorum not be present, this item will appear on the next regular meeting of the P & Z. Mr. Prokop seconded the motion, which carried unanimously. ROSELYN VANELSBERG - METES AND BOUNDS CONVEYANCE Ms. Vanelsberg and Mr. Kluegel presented this request for a metes and bounds conveyance in a rural area off 20th Avenue. Currently the parcel is approximately 43 acres with a farm site. The owner wants to sell the farm site with a few acres and divide the remain- ing acreage into lots at the same time to avoid having to go through the motions later. Mr. Zack Johnson said that he had not resolved the request since several different proposals for the subdivision have been presented and he has not studied any definite proposal. The parcel in question is basically square, however one corner of the square contains a parcel owned by a different owner. There is a small house on that parcel. That parcel is landlocked and is presently being accessed across the Vanelsberg property. The Board felt that at the time of considering this plat that this problem be resolved. The small house in the corner is on a lot of record even though it has no frontage. The Board suggested selling or trans- ferring title of a small area to the other owner which would clean up this old situation. The Board also asked about easements in the area. The petitioner was agreeable to the suggestion made above to create a lot with frontage for the other owner. Mr. Zack Johnson pointed out that the comprehensive plan calls for an extension of 80th Street in the future. The proposed future extension may affect this subdivision. Mr. Johnson felt that even though he has not had the opportunity to study the 80th St. exten- sion proposal, that possibly it should be routed differently than planned since the plan presently calls for it to cross some lakes in the area. He felt that after studying this street extension proposal, he could make a more thorough study of the subdivision, easements, etc., and thus make a better recommendation to the Board. Mr. Johnson was then asked by the Board to study the plan for the 80th St. extension and present a better plan (ifhefeels that is necessary) to the City Council. The Council will then have to take action on the extension proposal before P & Z can consider the Vanelsberg request. The P & Z will also require that a plat plan be presented when Ms. Vanelsberg appears again. Mr. Prokop moved to table the request by Roselyn Vanelsberg, 21133 Penrose Ave., Scandia, MN 55073, dated 4/19/85 pending the City 115 116 PLANNING AND ZONING BOARD May 8, 1985 Page Five Planner addressing the 80th St. extension and the City Council taking action on that issue. Mr. Goldade seconded the motion, which carried unanimously. AMUNDSEN CONSTRUCTION - SITE & BUILDING PLAN REVIEW - ADDITION - 7771 LAKE DRIVE Mr. Hank Amundsen appeared before the Board presenting his request for an addition to his professional building on Lake Drive. The addition has been requested by Advance Printing to be used as ware- house for their printing supplies. Mr. Kluegel stated that the proposed plan meets the fire requirements. Mr. Zack Johnson suggested that the Board consider requiring a hard - surface on the parking area rather than crushed rock, and also to require an additional seven parking spaces as required by ordinance due to the increased square footage of the building. Mr. Ostlie moved to recommend to Council approval of the site and building plan of Hank Amundsen, 8057 Aenon Place, Lino Lakes, dated 4/30/85 for an addition ,to 7771 Lake Drive, Lino Lakes with the condition that the parking area be bituminous on concrete surface and that seven parking spaces be added to satisfy the ordinance. Mr. Goldade seconded the motion, which carried unanimously. At this point, the Board recessed for a few minutes. ZONING AMENDMENT - CITY CODE, APPENDIX B, SECTION 4, SUBD. 17 (4) Mr. Kluegel suggested to the Board that the City Code, Appendix B, Section 4, Subd. 17 (4) be changed so that the City is not required to hold a public hearing for a conditional use permit for an on- site septic system at a non - residential use. Mr. Kluegel said that the Code requires the City Engineer review the site before a septic system be installed, and he felt this procedure should continue. His reasons for the change are that no one ever appears for these public hearings, the City Engineer reviews the site, the public hearing causes delay and expense to the City. Mr. Prokop moved to recommend to Council the change to the City Code, Appendix B, Section 4, Subd. 17 (4) per the Building Officials recom- mendations. Motion was seconded by Mr. Doocy and carried unanimously. OLD BUSINESS No old business to discuss. 1 1 1 1 PLANNING AND ZONING BOARD May 8, 1985 Page Six NEW BUSINESS H7 Mr. Prokop had requested that the issue of road standards be dis- cussed as new business. There seems to be some misunderstandings, or miscommunications as to road standards within the City. The Board asked that Mr. Davidson, the City Engineer come to the next P & Z regulaz meeting and explain what is currently being required with regard to road standards. Mr. Kluegel is to inform Mr. Davidson of the concerns so that he can come prepared for questions. There will be a work session regarding the Comprehensive Plan at 7:00 P.M., Wednesday, May 15, 1985. A summary of the meeting will be submitted to the secretary by Mr. Kluegel and /or Mr. Johnson for the record. The request by Agnes LaMotte for a Mining Condi- tional Use Permit may be considered at this meeting also. The Board discussed the possibility of using an overhead projector which can be kept in the Council Chamber for better presentations and communication between the Board and those appearing before them. The concensus of the Board is that this would be a more professional and efficient procedure than spreading paperwork all over or pre- senting only to a couple of boardmembers. Mr. Ostlie suggested that the City have a "clean up day" annually. Mr. Kluegel said that this idea has been suggested before, but there is no money in the budget for use of City trucks, etc. Mr. Ostlie suggested that the City simply make available a central place where people can bring things to be disposed of and the City dispose of all of it appropriately. Mr. Ostlie made a motion to begin an annual clean up day in Lino Lakes. Mr. Prokop seconded the motion, which carried unanimously. The question arose as to what street improvements are planned in the near future. Mr. Kluegel agreed to send a copy of the itinerary that Mr. Volk, Public Works Supervisor, has put together for street improvements. The meeting adjourned at 9:30 P.M.