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HomeMy WebLinkAbout08/14/1985 P&Z Agenda & MinutesCall to order and roll call 'T-1 73 ? C r 1 C C Q) O• H id O a) C O rn +- C • H U 0 0 C 4-, O 4--, C) in rti u.D rd • H b o rd C r1 +) E •r-1 W ' W •H (n a •H rd r-i I P b 0) b H rd S r rti (n (n S r +J (AD C U > O tat) > .9 a) a) O (1) O a) ' O a P a) +-, d-' ZA oP4 - co a) a) ^ U a) Q) bD (al O P; A-P ,. Z z I '0 I 'd p., r1 U) rd 4 rd •rI •r1 < U) r-1 r-I 0 1 1 4-1 X 3 -1-' rd - W a • r♦ �+ +� a) t~ a 'd O r1 3 'b >, a) rd 4-' i-r a) • r-1 rd >, a) A r- •H O E ^ rd It S-+ (-9 O r-1 rd a > W PI +-, >, v a) > rd • H s~ x CO o • H as • rl • r1 X (~ 0) bD rd CO Q) U r-1 E t~ O I41 1. • ri. • R N ► W 1 1 �-)+ >r+, 0�+ t~ a) P • H Q) U) U) • r3 `- Z >, E • H . 1 • ri T l--� r+-. F� rd > Q) '0 a) U] (n 4-J P 0 r-I • ri v) +r a) P rd -P rd >~ a) a rd a) 0) rd r a) r-1 ' 1 1J > a) • r1 O • H • r1 Q P r I (1) P aD a) (n a) +) rd a) A b a) 0) aD • ri • H W u) ra■ O P O • r1 +-1 Ord O rd F-+ Z u) (o (n ' d a) •H 0 f=4 aW r`• a Cr) r4> Q >O C9Dc.D •H }-) '0 Cn (1) rl LO 0 0 0 0 0 0 Lt) 0 • 1~ • ri H cN 0 N .- 0 N m 'd 3 'b O -,-1 U Z rya (— r--. a 0o co rn CD CD Z < s 128 D Chairman McLean called to order the regular meeting of the Planning and Zoning Board at 7:02 P.M. on August 14, 1985. Members present: Cody, Doocy, Prokop, Klaus, Ostlie, Goldade, McLean. Members absent: none. Also present were City Planner, Zack Johnson; Building Official, Peter Kluegel; and Secretary, Shar Foster. CONSIDERATION OF MINUTES - July 10, 1985 Mr. Prokop moved to approve the minutes of the July 10, 1985 meeting as presented. Motion seconded by Mrs. Klaus and carried unanimously. BUILDING OFFICIAL'S REPORT Mr. Kluegel reported that on July 22, 1985 City Council approved the Site and Building Plan from T. F. James Co. per the Planning and Zoning recommendations made at their July 10, 1985 meeting. He also reported that the Council passed on the engineering standards books to the Planning and Zoning Board. These books were requested by the P & Z after City Engineer, John Davidson's recommendation . that the City adopt these standards. At the Council's last meeting, there apparently was some concern shown that the P g Z Board requested these books from Mr. Davidson and that Council approval was not given prior to ordering the books. Mr. Doocy stated that he assumed that Mr. Davidson would clear this expense before forwarding the books to the P & Z Board. OPEN MIKE No one was scheduled or appeared under Open Mike. ROSELYN VAN ELSBERG - PRELIMINARY PLAT, VARIANCE -LOT SIZE E WIDTH Ms. Van Elsberg and Mr. Kluegel presented this request to the P 8 Z Board. Basically, this request is to divide a 33 acre parcel into three approximately equal lots. The proposed lots were each over ten acres as required by ordinance, however, there were easements which totalled more that 10% of the land. The ordinance places a limit of 10% of the land for easements. The Board discussed this problem and decided that because the easements were pre- existing, and due to the fact that this plat would create a better situation than currently exists, and the Planner's comments that this plat meets the intent and spirit of the ordinance; the plat should be approved. MOTION: Mr. Cody moved to recommend to Council approval of the application by Roselyn Van Elsberg, dated 4/19/85 for a preliminary plat and variance to lot size, for property located at 8017 20th Ave No., Hugo, as legally desribed on the application. The variance to minimum lot size should be allowed, as it relates to Section 4, Subdivision 6(2), because the applicant meets the requirements of unique characteristic with regard to the easements, and the hard- ship is not due to financial considerations alone, nor will the plat have a negative impact on the adjoining property values in 1 1 129 wo 1,ANN LNG AND ZONING August 14, 1985 the area. Each lot also meets the ten acre requirement before easements. Items 1 - 3, page 2 of the City Planner's opinion dated 8/7/85 on this subject should also be incorporated within this motion. The motion was seconded by Mr. Prokop and carried unanimously. PLATTING ORDINANCE It has been brought to the attention of the City Council and the Planning and Zoning Board that the platting ordinance currently in force places a hardship on applicants for small plats because of the cost for a survey, which is required before consideration. According to Mr. Kluegel and Mr. Johnson, the average costs of a boundary survey would be approximately $300 -$600, as opposed to a plat survey (which includes topography) costing $1,500 - $2,000. Mr. Johnson noted that the Council wants to continue to have the P 8 Z Board review all subdivisions and make recommendations as to approval /disapproval. He also felt that in most instances a topography study, which is the most expensive portion of a complete survey is frequently unnecessary. He felt that from a simple boundary survey, the City Engineer or Building Official could verify the lot sizes from a legal description. Recently Ordinance 04 -85 was adopted dealing with platting and the P 8 Z Board feels that this ordinance is vague and particularly after hearing the hardship it places on applicants, it needs to be changed. A suggestion was made to incorporate some language within a new ordinance which would require a complete survey in- cluding topography, rather than the usual simple boundary survey, only when a Building Officialfeels that the topography of the land could create a drainage problem, etc. Mr. Johnson felt that with this input from the P 8 Z Board and the concerns of the Council, he and the City Attorney could put together a new platting ordinance. MOTION: Mr. Prokop moved that Mr. Johnson be instructed to meet with the City Attorney to review Ordinance 04 -85 dealing with platting and recording of conveyances and that such review be conducted upon the approval of the City Council and results be returned to the P 8 Z for discussion. Motion seconded by Mrs. Klaus, and carried unanimously. STEVE BAILEY - METES AND BOUNDS SUBDIVISION While reviewing the survey submitted by Mr. Bailey, the Board found that the surveyor had made an error on the placement of the ditch which runs through the property in question and also acreage was not noted on the survey. Mr. Kluegel was asked to contact the surveyor and ask for a resubmission from the surveyor, at no additional cost to the applicant, before the Council considers 130 Three I!,ANNING AND ZONING -ust 14, 1985 this subdivision. In regard to future plat considerations, the Board asked the City Planner if there was any value in requiring a overlay for future development when an applicant applies for a plat. Mr. Johnson stated that usually there is no value, since the overlay may not show a plan which would be acceptable to the P & Z Board and the Board approves or disapproves the plat regardless of the overlay. Generally, an overlay would be valuable only when a plat has to deal with future road thoroughfares. The need for an overlay when submitting a plat for consideration will be addressed in the new platting ordinance. MOTION: Mr. Ostlie moved to recommend to Council approval of the Metes and Bound Conveyance application from Steve Bailey, 1990 Birch St., Hugo, for property on County Road 54 (legal description as stated on application) due to the fact that the application meets City code. Motion seconded by Mr. Doocy and carried unanimously. ROBERT KNABE - METES AND BOUNDS SUBDIVISION & VARIANCE TO PLATTING ORDINANCE Mr. Knabe and Mr. Kluegel presented this request for a metes and bounds subdivision. The application requests a metes and bounds subdivision of ten acres in a rural zone and also a variance to the requirement for a plat due to the expense which would be involved. The Board reviewed the application and agreed that a formal plat does not seem to be necessary in this instance and would only cost the applicant a large sum of money. MOTION: Mr. Prokop moved to recommend to Council approval of the request by Robert Knabe, dated 7/31/85 for a metes and bounds sub- division due to the fact that the request meets the acreage and frontage requirements of the ordinance. In order for this metes and bounds subdivision to be approved, a waiver of the platting ordinance would have to be attached due to the fact that this instance would not require a formal plat. Motion was seconded by Mr. Goldade and carried with two no votes. At this time the Board took a five - minute break. DOROTHY KVITEK - METES AND BOUNDS SUBDIVISION, VARIANCE -LOT WIDTH & PLATTING ORDINANCE Ms. Kvitek and Mr. Kluegel presented this request for a metes and bounds subdivision and a variance to the lot width and platting ordinances. The Board discussed the layout of the property in question and were also told that this request for a subdivision is due to the fact that the applicant's father willed this land and home to the applicant upon his death in the spring of 1985. 1 1 1 1 1 131 August 14, 1985 MOTION: Mr. Prokop moved to recommend to Council that the appli- cation for a metes and bounds subdivision requested by Dorothy Kvitek,582 Main Street, Lino Lakes, dated 7/24/85 be approved and the variance to lot size be approved also due to the fact that even though the property is lacking sufficient frontage to satisfy the ordinance requirements, the adjacent properties are lots of record and additional frontage is unattainable. This approval would also require that the City Council provide a waiver of Ordinance 04 -85 dealing with platting due to the fact that there is no hardship evident and proceeding through the formal platting process would place an undue expense on the applicant. Motion seconded by Mr. Ostlie and carried with one no vote. GM DEVELOPMENT - CONDITIONAL USE PERMIT FOR LAND RECLAMATION AND GRADING Mr. Gary Uhde presented a drawing of proposed development between East Shadow Lake Drive and Black Duck in Lino Lakes. The proposal calls for several homes arranged in such a pattern to allow for a pond behind the back yards of the future homeowners. The area currently is too low on which to build and the developer plans to remove the fill from the lowest area which would create the pond and use that fill to bring the lots up to a buildable elevation. Mr. Uhde explained that the pond would provide a low area for drainage from the bordering properties and that should the Park Board not decide to accept and maintain the land as has been pro- posed by the developer, the pond will be maintained by a home- owner's association at a cost of approximately $120 per year per home. Should the pond reach a level too high to accommodate fur- ther drainage, a culvert will provide drainage into Lake Reshanau. The pond will also be aerated to help keep it clean. The fill from the pond area has been determined by the developer's engineers to be sufficient to bring the bordering lots up to the proper elevations, therefore, there will be a minimum of heavy road use which will help maintain the streets in the area. Mr. Chuck Wetzier of TKDA was present and commented that TKDA is satisfied with the flood requirements with regard to this request and TKDA has no negative comments at this time, although the Board was reminded that this approval would be subject to approval from other agencies such as Army Corp of Engineers, Rice Creek Watershed District and DNR. Mr. Prokop voiced a concern with regard to the liability of the pond and asked that the City Attorney comment on the liability question prior to approval by City Council. MOTION: Mr. Goldade moved to recommend to Council approval of the request for a Conditional Use Permit for Land Reclamation and Grading by G. M. Development, dated 8/5/85 for properties in the area of Blackduck Drive, Blackduck Circle and Partidge Place. 132 Page Five PLANNING AND ZONING August 14, 1985 Motion seconded by Mr. Prokop and carried unanimously. OLD BUSINESS Streets in West Oaks Addition - Mr. Prokop voiced his continuing concern over the fact that the streets in the West Oaks area have not been put in and there are homes occupied in the area which are not being serviced by streets which not only creates a safety hazard to these homeowners in the case of an emergency, but also creates a double standard within the City which seems to allow the large developer to build homes and occupy those homes without first providing paved streets as is required by ordinance. Mr. Kluegel informed the Board that the West Oaks developer, Mr. Bruggeman has recently approached him requesting that the letter of credit that the City now has which assures that the streets be completed, be extended to allow Mr. Bruggeman to finish the streets in the spring of 1986. Mr. Prokop recommended to Council that the City not issue building permits or Certificates of Occupancy until streets are completed, which would assure that the large developer would be handled in a manner not unlike smaller developers. NEW BUSINESS Underground Work Affecting Streets - Mr. Goldade presented a policy which has been adopted in Dakota County with regard to underground work affecting streets. Mr. Goldade has become aware that due to the addition of cable TV to the community, the streets are being cut and patched to allow the cable to cross under the streets. He felt that the attached policy would be far more suit- able. The Board agreed and felt that this policy should become a part of the Engineering Standards booklets which were forwarded to the P & Z Board this evening. MOTION: Mr. Goldade moved to recommend to the City Council that the attached policy be reviewed from an engineering standpoint and incorporated into the City ordinance for boring or jacking city streets. Motion seconded by Mr. Prokop and carried unanimously. Pioneer Taxidermy - Mr. Cody stated that he has noticed a sign at a residence near his home for taxidermy and asked that Mr. Kluegel check to see if this is a home occupation or business. Planning Estimates for Reviewing Comprehensive Plan - The Board reviewed Mr. Johnson's 7/18/85 memo regarding planning service fees and reiterated that the priorities as P & Z sees them were spelled out at the July 10, 1985 P & Z meeting. There were ten items listed as tasks relating to the comprehensive plan review on Mr. Johnson's memo. Those items, their estimated costs and their re- spective priorities are as follows: 133 i x PLAfN i NS AND ZON U' August 14, 1985 Task Estimated Cost Priority Review zoning densities $1,'00- $2,200 Priority One Update road plan $1,900 - $2,300 Priority Two Update utility plan TKDA input re- Priority Three quired Update parks plan $1,600 - $1,800 Priority Four Comprehensive plan update $1,500- $1,900+ Priority Five road, parks & zoning costs above Develop solar access ordin- $900 - $1,100 ante Develop disk & antenna or- $400 -$700 dinance Develop earth sheltered homes $400 -$700 ordinance Review process 8 procedures $500 -$900 Encourage commercial develop- More discus - ment sion required Handle as ordinance's Handle as ordinance* Handle as ordinance* Handle as ongoing review Have the Economic Development Committee budget for this cost *Mr. Kluegel was asked to try to compile some information with regard to how other communities handle these situ- ations and get copies of model ordinances from Metro- politan Council and the League of Minnesota Municipalities. Communications The Board expressed a concern that there does not seem to be adequate communication between the P & Z Board and the Council, Economic Development Committeeor Park Board. In order to help correct this situation, it was requested that the secretary see that the the P & Z Board receive Council minutes and minutes from any of the other City Boards which may be of interest to P & Z, and that the Council liaison make attempts to attend all P & Z meetings or send the City Administrator in his place. The meeting adjourned at 10:00 PM by a motion by Mr. Doocy, seconded by Mr. Prokop. Aye. 134 Attachment PLANNING AND ZONING To Minutes August 14, 1985 On Wednesday, July 31, 1985, I attended a meeting at the Dakota County Courthouse, Highway Department, regarding underground work. The following policy has been adopted in Dakota County: UNDERGROUND 1. All crossings of the roadbeds of the county highways shall be made by boring inside a casing or carrier pipe, or by jacking. All pushing with pneumatic compaction tools must be at a depth of 41' or more. No pushing of four -lane roads with pneumatic compaction tools unless this procedure is modified in the Special Provisions of the Permit. The auger shall not lead the casing or carrier pipe by more than one inch. Open trenching shall be restricted to the area from 5 feet beyond the shoulder to the right of way line except as modified in the Special Provisions of the Permit. II. When pipes with bells or flanges are installed, the crossings of the roadbeds of the county highway shall be made by boring inside a conduit as provided in paragraph 1 of this section or jacking a conduit of sufficient diameter to permit threading the carrier pipe through it. We support this policy, and feel it is very workable. To create a more uniform working policy, we would encourage that you adopt a similar policy. If you do, please forward a copy to our office.