HomeMy WebLinkAbout08/14/1985 P&Z Agenda & MinutesCall to order and roll call
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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
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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.
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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.
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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:
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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.