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HomeMy WebLinkAbout06/12/1985 P&Z Agenda & MinutesPLANNING AND ZONING • Wednesday, June 12 7 :00 P.M. A G E N D A 1. Call to Order and Roll Call 2. Consideration of Minutes - 5/8/85 3. Building Officialls Report 4. 7:15 Open Mike 5. 7 ;20 John Davidson Street Standards, Street Lighting, Culverts, Ditches' 6. 7 :35 Alwin LaMotte Mining Permit - Conditional Use Permit Flood Plain 7, 7 ;50 James Refrigeration - Site 8 Building Plan Review - Addition to Tom Thumb Store 8. 8 :20 Russell Rehbein - Horse Arena - Conditional Use Permit 9. 8 :40 Russell Pert -- Farm Animal • Ordinance - Variance 10. Old Business 11.. New Business 12. Adjourn 118 PLANNING AND ZONING BOARD June 12, 1985 Chairman McLean called to order the June 12, 1985 meeting of the Planning and Zoning Board at 7:02 P.M. Members present: Cody, Doocy, Prokop. Absent: Ostlie. Members joining later in the evening: Klaus, Goldade. Also present for the meeting were Mr. Zack Johnson, City Planner; Mr. Pete Kluegel, Building Inspector; Mr. Kulaszewicz, Council Liaison; Mr. John Davidson, City Engineer (Per request by P & Z Board); and Mrs. Foster, Secretary. CONSIDERATION OF MINUTES - May 8, 1985 Minutes of the May 8, 1985 meeting were not considered due to the fact that there was not a quorum of the May 8 meeting present. BUILDING OFFICIAL'S REPORT Mr. Kluegel reported the following actions taken at the three most recent Council meetings: 5/28/85 Council 5/13/85 Council 6/8/85 - Approved Henry James Properties Site and Building Plan for an addition to building at 7771 Lake Drive per P 6 Z recommendations (made at 5/8/85 P 6 Z meeting). - Approved Gordy Schiller House Move -In to 6832 Lakeview Ave. per P & Z recommendations (made at 5/8/85 P & Z meeting). - Approved Bruce Hanson Amended Conditional Use Permit and Site and Building Plan per P & Z recommendations (made at 4/10/85 meeting). - Approved Kemacell (Mike Askay) Site and Building Plan and Conditional Use Permit (for on -site septic system) per P & Z recommendations (made at 4/10/85 P & Z meeting). - Approved Marlin Hansen Shoreland Management Conditional Use Permit with a condition that the maximum size of the building pro- posed be 24'X 36'. - Planning and Zoning Board was requested to take no action at this time, until further notice with regard to the review of the Comprehensive Plan for the City. It was suggested that there be a meeting of Council representatives, P & Z representa- tives, City Administrator, Economic Develop- ment Committee representative, and Building Official before any further review of the Comprehensive Plan takes place. - The "Clean Up Day" as suggested by the P & Z recently will be discussed at budget time. It was suggested by Council that the Lion's Club, VFW, and Boy Scouts be asked to help. 1 1 1 119 PLANNING AND ZONING BOARD June 12, 1985 Page Two JOHN DAVIDSON - STREET STANDARDS, STREET LIGHTING, CULVERTS, DITCHES City Engineer John Davidson was present, as requested by P & Z, to discuss the items above. He presented overhead transparencies show- ing the usual standards used in different parts of the City for street widths. The question of street standards rose some time ago during P & Z meetings when members questioned narrower than usual streets in the West Oaks area and also Reiling Road. The Board also felt that discussing these issues would also help in reviewing the Compre- hensive Plan. Although the P & Z Board has since been asked to take no action at this time on the Comprehensive Plan, Mr. Davidson had come prepared to discuss these issues as requested. Mr. Davidson pointed out that the City at this time has no design standards included in the City ordinances with regard to streets. Generally, local (urban) streets would be 32' wide; collector (permanent) streets would -be 45 -46' wide; rural (temporary) streets would be 24' of blacktop with unpaved width on each side as feasible to allow for future improvement. Mr. Davidson also stated that the most logical place to make a division between rural and urban stand- ards would be at approximately the five acre lot size zones, however, quite often other factors need to be considered. The Reiling Road situation occurred due to the fact that wetlands needed to be circumvented, drainage and easement limitations needed to be taken into consideration. For these reasons, from an engineer- ing standpoint the street was constructed at less than the usual 32' width. The same reasons hold true for Carl Street. Mr. McLean voiced his concern that at the time of the Carl Street variance from usual street width, the P & Z Board should have been made aware of this situation, since the change altered the plat. Mr. Davidson said this recommendation was acted upon by the Council. The incidences of narrower streets in the Sherwood Green and West Oaks areas took place under other City Engineers, therefore Mr. Davidson was unable to answer why these situations were accepted. Jan Klaus joined the meeting at 7:20 P.M. Richard Goldade joined the meeting at 7:25 P.M. Mr. Davidson also mentioned that he has recommended to Council that the Fourth Avenue (state aid road) be constructed with 24' of black- top and 10' unpaved on either side. At the time this street would become urban rather than rural, state aid funds can be used to up- grade. Mr. Davidson recommended that the City adopt engineering standards, such as a booklet he presented, which would cover - street standards, etc. 120 PLANNING AND ZONING BOARD June 12, 1985 Page Three Mr. McLean asked Mr. Davidson for written recommendations with respect to street standards for use in Comprehensive Planning. The group briefly discussed street lighting. Mr. Davidson said he had no recommendations presently, but would compile his recom- mendations as requested by the Board. With regard to the use of culverts in the City, Mr. Davidson said there are unique situations in most every case where drainage must be taken into consideration, not only with concern for the indivi- dual, but the overall neighboring area. He felt standards for culverts and ditches would be difficult to follow in many cases. The Board asked whether or not they should be concerned, when re- viewing a site and building plan, with the landscaping plans. Generally, there is not a definite plan describing the landscaping to be done. Mr. Davidson felt this is an important consideration. Mr. Davidson also recommended that the City adopt an Improvements Funding and Assessment Policy. The Board asked that Mr. Davidson remain at the meeting to discuss a later agenda item, James Refrigeration Addition to Tom Thumb. 1 ALWIN LAMOTTE - MINING PERMIT - CONDITIONAL USE PERMIT FLOOD PLAIN Agnes LaMotte was present to answer questions with regard to this request, which Mr. Kluegel presented to the Board. This item is a continuation of earlier discussions at May 8, 1985 P & Z meeting. Two duck ponds have been dug on the LaMotte property with a permit from Rice Creek Watershed District. A stipulation of that permit was that the spoils be removed from the property. In an after -the- fact situation, the LaMotte's now need a Conditional Use Permit/ Mining Permit. The LaMotte's plans are to clean out the County ditch on their property also. They currently have a request in to Rice Creek Watershed District for these plans. Should that request be approved, the LaMotte's will have to come before the City again and repeat these proceedings. The Board felt it was unfair to charge the applicant the applica- tion /escrow fee twice. Mr. Kulaszewicz said that the Council could possibly handle the fee charges if and when the LaMotte's should appear before the City again. The applicant stated that approximately 1,000 cubic yards of spoils are to be removed. Mr. Kluegel stated that he and the Rice Creek Watershed District inspector will be responsible to see that only the spoils are removed. 1 1 1 PLANNING AND ZONING BOARD �1 June 12, 1985 Page Four MOTION: Mr. Prokop moved to recommend to Council that the request by Alwin LaMotte, 6510 - 12th Avenue So., Lino Lakes for a flood plain conditional use permit for removal of 1,000 cubic yards of dredged material from land described in the application be granted. Mrs. Klaus seconded the motion, which carried unanimously. Mr. Kulaszewicz again suggested that.the Council not charge the applicant for any 'repeat' application in the future. MOTION: Mr. Prokop moved to recommend to Council that the request by Alwin LaMotte, 6510 - 12th Avenue So., Lino Lakes for a mining permit to remove spoils from land described in the application be granted. Mr. Cody seconded the motion, which carried unanimously. JAMES REFRIGERATION - SITE AND BUILDING PLAN REVIEW - ADDITION TO TOM THUMB, MAIN STREET AND LAKE DRIVE Mr. Dick Kwanbeck represented James Refrigeration in their request for a Site and Building Plan Review for an addition to the Tom Thumb store at Main Street and Lake Drive. The proposed addition is planned to conform to the existing building in building material, style and roof. A topographical map showing drainage plan, elevations, etc. was not available for review. Mr. Kwanbeck was made aware of the fact that such a map would be necessary to consider the request. Concerns of the City Planner were landscaping on the west side of the building (a buffer is necessary), and the fact that the submitted plan shows the pylon type business sign is in the right of way. Mr. Kwanbeck explained that when the County improved the intersection a few years ago, more easement was required, thus the sign existing at the time, fell into the right -of -way. Mr. Davidson made his recommendations in a memo dated 6/11/85 with respect to soil borings, percolation tests and septic system.. Mr. Kulaszewicz reminded the Board of previous drainage problems reported by the neighbor to the west of the Tom Thumb. He felt that the drainage plan should be carefully reviewed. Mr. Goldade said that he was with the understanding that a. change is planned for the Main Street /Lake Drive intersection, which may affect the entrances into the building. The applicant was not aware of any plans, but said he would look into this possibility. MOTION: Mr. Prokop moved to table consideration of this request until the concerns of the City Planner, City Engineer, and the concerns with regard to entrance to the building are resolved. Mr. Goldade seconded the motion, which carried unanimously. Mr. Davidson left the meeting after this item at 8:20 P.M. 122 PLANNING AND ZONING BOARD June 12, 1985 Page Five RUSSELL REHBEIN - HORSE ARENA - CONDITIONAL USE PERMIT /VARIANCE Russell and Maren Rehbein represented their request for a Condi- tional Use Permit for a horse arena on a parcel of property for which they hold an option to buy. Due to the fact that the arena which they propose to build is larger than allowed by the accessory building ordinance, a variance was also requested. The Board stated that the application had to come from the owner of record. Mr. Jeff Joyer, the President of Equity Planning (the owner of record) was present also for this discussion. The property the applicants are interested in buying is a five acre parcel in a rural zone. The applicants were aware that per City ordinance, they would be allowed five horses on this property. The purpose of the horse arena would be that the applicants would be able to keep their horses in condition year round in an enclosed arena, and also to house horses which they may buy and sell. They plan to build their home on this parcel as well. The Board pointed out the fact that the proposed horse arena is about seven times the size allowed in this size lot. The applicants pointed out the fact that the ordinance allowing an arena as a condi- tional use in this zone in moot by the fact that the accessory building section does not allow for a large enough building for a arena. The applicants were told that should they definitely need an arena the size they have proposed, they would need a 20+ acre parcel. MOTION: Mr. Cody moved to recommend to Council approval of a request dated 5/26/85 by Russell and Maren Rehbein for a Condi- tional Use Permit for a horse arena at 6505 Joyer Lane with the following conditions: 1) the arena be built in accordance with the ordinance with respect to type and size, 2) no sales of horses take place, 3) the arena not be used in any way which could be construed as a home occupation (Subdivision 2, Sentence 70), Mr. Doocy seconded the motion. On the vote; 3 aye, 3 nay. Motion failed. MOTION: Mr. Cody moved to recommend to Council denial of a request dated 6/3/85 by Russell and Maren Rehbein for a Variance to the accessory building size for a horse arena proposed at 6505 Joyer Lane, because the request is not in conformance with the size limits of the accessory building ordinance (which allows a maximum size of 1,600 square feet), and also because it does not conform to Subdivision 7, Subparagraph 1 - 6. Mr. Doocy seconded the motion, which carried unanimously. Mr. McLean explained to the applicants that this item will now go before the City Council with the recommendation of denial of the Variance request and no recommendation as to the Condi- tional Use Permit because of a tie vote on the motion. 1 1 1 1 PLANNING AND ZONING BOARD 1 2 3 June 12, 1985 Page Six RUSSELL PERT - FARM ANIMAL ORDINANCE VARIANCE Mrs. Mary Pert appeared before the Board with her request to keep a goat on her two acre lot. She explained that she had received a citation from a Lino Lakes Police Officer. She felt that the goat should be considered a "pet" rather than a "farm animal" since it is handled as a pet (in the same manner as her two dogs), was allowed inside her house, and was no larger then a dog. Mr. Zack Johnson reminded the Board that the intent of the ordin- ance with respect to farm animals was to not allow large concen- trations of farm animals on small lots. Quite a bit of discussion followed questioning whether this goat should be considered a pet or a farm animal. Mr. Johnson read a portion of the farm animal ordinance (Section 503.03, Subd. 2) which states: "The provisions of Subdivision 1 shall not apply to cats, dogs, fowl, or other similar animals such as skunks, rabbits,,raccoons, canaries, chickens, ducks and pigeons when kept as household pets." It was generally felt that the key words in this portion of the ordinance are the words "similar animals" and "when kept as household pets ". MOTION: Mr. Doocy moved the applicant withdraw her request for a Variance, since a Variance has been found to be unnecessary, the City refund the applicant the $150 fee which has been paid, the citation from the Lino Lakes Police Department be revoked, and the goat be considered a household pet. Mr. Prokop seconded the motion, which carried unanimously. Mr. McLean stated that this item need not come before the City Council, and asked Mr. Kluegel to notify. the Police and the City staff of the P & Z's findings- in this matter. OLD BUSINESS Park Dedication - Mr. Prokop reiterated his concern that the Park Board did not take any land in the eastern portion of the City for park purposes when the recent subdivisions in that area came before the Park Board, P & Z Board and Couneil.. He suggested a joint meeting with the Park Board to discuss park land in that area of the City and also discuss the Park Board's recommendations for use in reviewing the Comprehensive Plan. Mr. McLean mentioned that :. if the Park Board doesn't recommend land, the P & Z should recommend to the Council, and the Council will take the action regardless of who recommenled what. Mr. Kulaszewicz was asked to make Mr. Bohjanen (Park Board Council Liaison) aware of the P & Z's concern in this regard to see if Mr. Bohjanen can convince the Park Board of the need for park property in the eastern portion of the City. 24 PLANNING AND ZONING BOARD June 12, 1985 Page Seven NEW BUSINESS 80th Street Extension - Mr. Zack Johnson distributed copies of a memo of his recommendations with regard to the extension of 80th Street which is proposed within the Comprehensive Plan. His memo dated 6/12/85 recommends deleting the extension com- pletely from the Comprehensive Plan because of the costs which would be involved in constructing a road over lake and wetland. The research that Mr. Johnson had done was at the request of the P.& Z Board at their May 8, 1985 meeting when they were considering a Metes and Bounds Conveyance for Roselyn Vanelsberg which may be affected by the extension of 80th Street. Mr. McLean said that the Board should take Mr. Johnson's recom- mendation into account should Roselyn Vanelsberg appear before the Board again, but not make any recommendation to Council based on the findings until the entire Comprehensive Plan is reviewed. Fire Department - Maps - Mr. Doocy mentioned that in a conversa- tion recently with Fire Chief Bob Berg, Mr. Berg said that he had requested from the City- Administrator twice and written a letter to the Mayor asking for up -to -date maps of the City. He evidently has been having trouble finding certain locations when fire calls are received because the fire district has not been notified of new plats, roads, etc. The Board asked that Mr. Kluegel see that Mr. Berg receive these maps. Mr. Kluegel agreed to forward them. Planning and Zoning Expenses To Date - Mr. Doocy questioned the planning expenses spelled out in the City Administrator's memo of 5/14/85 to the P & Z Board. Mr. McLean felt that the bulk of the expenses listed are to be charged back against applicants' escrows. He felt that there was a bookkeeping problem here and that the P & Z budget was being drained because the proper charge backs are not being handled properly. The meeting adjourned at 9:45 P.M. 1