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HomeMy WebLinkAbout10/09/1985 P&Z Agenda & MinutesAGENDA LINO LAKES PLANNING AND ZONING OCTOBER 9, 1985 1. Call to Order and Roll Call 2. Consideration and Approval of Minutes, September 11, 1985 3. Open Mike 4. Building Official's Report 5. 7:15 Platting Ordinance - Zack Johnson 6. 7:30 Underground Road Policy 7. 7:45 Variance Setback Front Yard - El Rehbein 8 Sons, 6498 Totem Trail 8. 8:15 Site 8 Building Plan Review. Lino Ventures - Addition to Building 9. Old Business 10. New Business 11. Adjourn 1 1 1 PLANNING AND ZONING BOARD October 9, 1985 Acting Chairman, Wally Ostlie called to order the regular meeting of the Lino Lakes Planning and Zoning Board at 7:04 P.M., Wednesday, October 9, 1985. Members present: Cody, Doocy, Prokop, Klaus and Goldade. Members absent: McLean. Also present were Peter Kluegel, Building Official; Zack Johnson, City Planner; and Shar Foster, Secretary. CONSIDERATION OF MINUTES - September 11, 1985 Mr. Doocy moved to table consideration of the 9/11/85 minutes until a sufficient quorum of those in attendance at the 9/11/85 meeting are present. Mr. Cody seconded the motion which carried unanimously. OPEN MIKE Feasibility of Two Businesses Operating Under One Conditional Use Permit - Mr. Jim Spetzman and Mr. Bob Simonson appeared before the Board to hear the Board's thoughts and any concerns they may have should Mr. Simonson begin operation of an auto repair shop in one of Mr. Spetzman buildings. Currently, Mr. Spetzman operates a transmission repair shop under an amended conditional use permit. Mr. Kluegel noted that Mr. Spetzman has been operating per the terms of his conditional use permit for some time, meeting all the requirements stated within the permit. Should Mr. Simonson begin operating in Mr. Spetzman's building, the same terms of the condi- tional use permit would prevail, the same type of business would be taking place. Mr. Spetzman would however, need to formally appear before the P 8 Z Board and the City Council to amend his conditional use permit to allow Mr. Simonson to begin operation. The current ordinance does not address two of the same type of businesses oper- ating on one piece of property, however a precedent has been set within the City wherein more than one business is operating on one piece of property. The Board specifically stated that the storage and parking of cars on the property and any plans for signs should be addressed within the application. BUILDING OFFICIAL'S REPORT Mr. Kluegel handed out copies of the brochure for the Annual Planning Institute seminar to each of the members and asked that any interested members submit their registration form to the City Clerk and arrangements will be made for their attendance. Mr. Kluegel reported the following actions by the City Council at their September 23, 1985 meeting: Mr. Gary Uhde (G.M. Development) requested a conditional use permit for land reclamation and grading. This item was considered by P 8 Z at their 8/14/85 meeting. The Council approved the request per the P 8 Z's recommendation and require that Mr. Uhde enter into a contractor's agreement with the City. 139 140 PLANNING AND ZONING October 9, 1985 Page Two Also approved was Roselyn Van Elsberg's preliminary plat and variance to lot size. This item was considered at the P & Z's 8/14/85 meeting. Mr. Kluegel also mentioned that at the Park Board's invitation, Mr. Prokop joined the Park Board on their tour last month of the City, in search of potential park property on the east side of the City. Mr. Prokop gave a report on the tour under Old Business later in the meeting. Mr. Kluegel stated that he felt that because of a lack of complete information on the request, the application by Lino Ventures (which appears on this evening's agenda) should be tabled until complete information is available. Mr. Harvey Karth was in the audience and later in the evening did appear before the Board to discuss what information was available with regard to the Lino Ventures applica- tion. PLATTING ORDINANCE - ZACK JOHNSON At the P & Z's 8/14/85 and again at their 9/11/85 meetings, the Board, in agreement with the City Council, asked that the City Planner and the City Attorney review the platting ordinance as it relates to the platting and recording of conveyances, and submit a proposed ordinance which would not place undue economic hardship of a formal plat on all applicants. Recently, a few conveyances have been approved via the Council waiving the requirement for a formal plat. The P & Z Board and Council felt that the ordinance should address separately the procedure for appli- cations requiring plats and those not requiring plats. Mr. Johnson referred to his 9/10/85 memo regarding this issue. At- tached was a rough draft of the revision he proposes for the platting ordinance. He stated that this revision should address all the con- cerns of the P & Z and Council. The Board reviewed the proposed ordinance and felt that the language was still unclear and made suggestions for clarification purposes. MOTION: Mr. Prokop moved to have Mr. Johnson and the City Attorney again revise the platting ordinance and submit a final draft including the suggestions made for clarification. Mr. Cody seconded the motion which carried unanimously. Mr. Johnson said he felt confident that he understood what the Board will be looking for as a final draft. UNDERGROUND ROAD POLICY At the 8/14/85 P & Z meeting, Mr. Goldade presented a policy which has been adopted by Dakota County regarding underground road work. Mr. Goldade presented this policy to the City Council asking that Lino Lakes also adopt it. The City Engineer has commented by memo twice on the present policy for underground road work. Mr. Goldade 1 1 1 1 1 1 PLANNING & ZONING October 9, 1985 Page Three felt that the engineer has note dealt with the primary concern that he has with regard to underground road work -- a minimum depth requirement. MOTION: Mr. Cody moved to have the Building Official contact the City Engineer and have him address the minimum depth requirements for underground road work. Mrs. Klaus seconded the motion which carried unanimously. EL REHBEIN & SON - VARIANCE TO SETBACK REQUIREMENTS Mr. Jeff Joyer returned from the 9/11/85 meeting with the informa- tion requested by the Board. He had appeared on 9/11/85 requesting a variance to setback requirements in order to build a particular home at the corner of Birch Street and Totem Trail. During last month's discussion there was question as to whether or not this lot is actually 100' X 130' as the applicant had it listed. The lot size question developed after studying two dif- ferent maps. Mr. Joyer has researched the records and found that the lot is indeed 100' X 130'. Another question raised at the last meeting was whether or not the soil is suitable on which to build a home. Mention was made that the home on the adjacent lot did experience settling problems due to poor soil. Mr. Joyer did take soil borings and brought samples to the meeting. The first sample was from 15' depth just behind the proposed home, and another sample from 15'depthjust behind a dif- ferent style of home. The first sample was sandy loam, acceptable for building; the second sample was peat consistency, unacceptable. Mrs. Klaus stated that the proposed home is quite long and narrow, which causes the need for a variance to setbacks; and another type of home Mr. Joyer used for his demonstration is quite deep which causes the soil problem. She felt that still another type of home could be built which would not create a need for a variance, nor would it create a problem due to soil consistency. She felt that since an entirely different style of home could be built, that the hardship that Mr. Joyer has shown is caused because of determination on the part of the applicant to build the proposed house. Mr. Joyer stated that a different style home, as suggested by Mrs. Klaus, would not be marketable in his opinion, which causes an economic hardship. An economic hardship is not an acceptable reason for the City to grant a variance. Mr. Joyer referred to a section of the City ordinance which allows a setback of an average of the setbacks of the homes on the adjoin- ing lots. He considered the adjoining lots as the lot to the west on the other side of Totem Trail, which has a setback of 33'; and the next house to the east (which is not on the adjoining lot), which has a setback of 9'. Using this formula, Mr. Joyer felt that the setbacks he proposed would be acceptable. Mr. Joyer felt that using this formula, he should be able to simply apply for a building per- mit and not pursue a variance at all. Mr. Kluegel said that he 141 142 PLANNING AND ZONING October 9, 1985 Page Four would have to ask the City Planer if this formula addresses Mr. Joyer's situation. The City Planner said that he did not feel that it did address the situation and Mr. Joyer would be back at square one. It was also noted that at the time the other homes facing Birch Street were built, the setback requirements were less. Also, since these homes were built, Birch Street was widened. MOTION: Mr. Cody moved to recommend to Council that the request for a variance to setback requirements by El Rehbein 8 Son, Inc., 7989 Lake Drive, dated 8/27/85 be denied due to the fact that the plight of the landowner is caused by economic reasons rather than a hardship of the land; approval of the request is not recommended by the City Planner; approval would not be in keeping with the spirit and intent of the ordinance. Motion seconded by Mrs.Klaus. Mr. Goldade voted no. The motion carried. Mr. Joyer was reminded that he may still appear before the City Council for final approval /disapproval and that the recommendations of the P & Z Board will be forwarded to the Council. LINO VENTURES - ADDITION TO STORAGE BUILDING - HARVEY KARTH Mr. Karth asked that the Board hear the information he has avail- able before tabling this item. Included in the packet of informa- tion for this site and building plan review was a memo from the City Engineer listing concerns. Mr. Johnson also handed out his memo listing concerns. Mr. Karth noted that several of the items of concern are either taken care of already or not applicable to this situation. The two items which need to be taken care of are the permit from Rice Creek Watershed and the topography map. MOTION: Mr. Prokop moved to table consideration of this request for a site and building plan review from Lino Ventures, 7317 -7319 Lake Drive, dated 9/30/85 until the applicant can submit, in written form, info on concerns expressed by the City Engineer and the City Planner as well as a permit from Rice Creek Watershed and a topo- graphy map. Mr. Cody seconded the motion, which carried unanimously. OLD BUSINESS Park Tour - Mr. Prokop reported that he attended the Park Board's tour in September, which was taken as a means of getting ideas for park property on the east side of the City. Several pieces of land were looked at from the northeast corner to the southeast corner of the City. Mr. Prokop felt that the P 8 Z should be aware that the Park Board has a positive feeling toward acquiring land for park purposes on the east side, but that attaining this land may prove to create some difficulties. No decisions have yet been made; the Park Board will continue to move forward with this endeavor. 1 1 1 PLANNING AND ZONING October 9, 1985 Page Five NEW BUSINESS Shoreview /Lino Lakes Communications Meeting - Mrs. Klaus reported that she and Mr. Doocy attended the joint Shoreview /Lino Lakes Council communication meeting recently. She felt that the City of Shoreview is more prepared for growth when interested developers approach the City. A couple of examples are that their streets are completed before any homes along that street are occupied; no ponds are allowed unless they are owned by the City in order to assure they are maintained. The Board asked that minutes of this meeting be sent to them. West Oaks /Bruggeman Construction - Streets - Mr. Prokop asked if anything more had taken place with regard to the letter of credit from Mr. Bruggeman which assures that streets will be put through in the West Oaks development. Mr. Kluegel reported that Mr. Bruggeman requested an extension of his letter of credit until July, 1986 and the Council approved this extension. Mr. Kluegel also reported that the Public Works Director and the City Engineer are currently trying to put together a new policy for construction of streets in new developments. Mr. Prokop wanted the Council to be aware that he felt that extending this letter of credit reiterates the double standard used when dealing with small versus large developers, and that he does not feel this is the proper way to handle the situation. MOTION: Mr. Goldade moved to recommend to Council that the City draw on the letter of credit for West Oaks and not allow an ex- tension. Mr. Cody seconded the motion. Motion carried. Comprehensive Plan Budget - Mr. Doocy said that he heard through the grapevine that the budget for the P & Z's Comprehensive Plan review is $5,000. Mrs. Foster said that the budget has not been finalized, but that the latest revision of the budget shows a cut from the original request of $15,000. Economic Development - Mr. Zack Johnson suggested that the P & Z stay closely in touch with the Economic Development Committee, particularly due to the fact that they are working on some very important issues, such as tax increment financing. He encouraged the P & Z to become in- volved and gain an understanding of the tax increment financing details. 143 144 PLANNING AND ZONING October 9, 1985 Page Six Submission of Planning 8 Zoning Applications - Mr. Johnson wanted for the City to be made aware of the fact that he needs requests for review of planning applications no later than two weeks before the P 8 Z meetings. Any requests for review which he receives after this two week cut off time will be billed as over- time and charged to the City as such. Mr. Kluegel was asked to take this into consideration when he submits applications for re- view. The meeting adjourned at 9:10 P.M. 1