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LINO LAKES PLANNING AND ZONINQ
NOVEMBER 13, 1985
• 7000 P.M.
AGENDA
Call to order and roll call,
Consideration and Approval of Minutes' September 11,
1985 and October 9, 1985
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ec-j, 7:15 Platting Ordi ance & Day Care Zack Johnson
GX--- c. 7:30 Underground Road Policy - Bob Toddie - (Bring
previously sent material) tc. °,p-, -- Po(:cy scWZ -7 & —o
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7:45 Site & Building Plan Review -.Lino Ventures
Addition to Building (Bring previously sent material)
\L?8/ 8.00 Site & Building Flan Review - Jerry's Garden
Slop - Addition to Building
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8:20 Amended Conditional Use Permit - Jim Spetzman
Auto & Truck Repair - e,c2v- �c'PR -i- Ci E Lo
8:35 Metes & Bounds Conveyance - Paul Tubbs
A. Variance Lot Width Parcel E
9:00 Amendment to City Code - Day Care Nurseries
12. Old Business
13. New Business Mho Cx,Asc; . mk
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14. Adjourn
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145
PLANNING & ZONING
November 13, 1985
Chairman McLean called to order the regular meeting of the Lino
Lakes Planning and Zoning Board at 7 :07 P.M., Wednesday, November
13, 1985. Members present: Goldade, Ostlie, Klaus, Prokop, Doocy,
Cody. Members absent: none. Also present were Zack Johnson, City
Planner; Pete Kluegel, Building Officials Shar Foster, Secretary.
CONSIDERATION OF MINUTES
September 11, 1985 Minutes - Mr. Doocy moved to approve the minutes
as presented. Mrs. Klaus seconded the motion. Motion carried.
October 9, 1985 Minutes - Mr. Prokop moved to approve the minutes
as presented. Mrs. Klaus seconded the motion. Motion carried.
BUILDING OFFICIAL'S REPORT
Mr. Kluegel reported the results of the recent City election whereby
Mr. Reinert and Mr. Bisel won the two Council seats and Mr. Benson
won the Mayor's seat.
He also reported that Mr. Joyer, representing El Rehbein & Sons has
dropped his request for a variance to setback requirements for a
proposed home at Totem Trail and Birch Street. This item was dis-
cussed at the two latest P & Z meetings.
Mr. Volk, Public Works Director and Mr. Bruggeman, West Oaks devel-
oper will be meeting on November 14 to discuss the street situation
in West Oaks to see if the present condition is acceptable until
spring. The Council recently extended Mr. Bruggeman's letter of
credit allowing him additional time beyond 1985 year end in which
to complete West Oaks streets.
CITY PLANNER - DAY CARE ORDINANCE AND PLATTING ORDINANCE
Platting Ordinance - The Board referred to Mr. Hawkins! (City
Attorney) letter of 11/4/85 regarding the subdivision ordinance
and the attachment to that letter (proposed amendment to subdivi-
sion ordinance). This proposed amendment would require all sub-
divisions to be reviewed by the P & Z Board, and the applicant
may not be required to submit a formal plat should the Building
Official recommend so and the Council agree.
MOTION: Mr. Prokop moved to recommend to Council approval of
the proposed amendment with the following changes: 1) Mr. Kluegel's
title be changed consistently throughout the amendment to "Building
and Zoning Official ", and 2) Paragraph (e) "The zoning . . . of
this ordinance" be stricken, because it is redundant. Mr. Ostlie
seconded the motion with carried unanimously.
Day Care Ordinance - Mr. Kluegel stated that he was recently approached
by Mr. Hank Amundsen regarding operating a day care center at his
property on Lake Drive. Mr. Amundsen would be renting the property
to the day care center currently operating at the Gethsemane United
Methodist Church on Lake Drive. The lease for the current operation
will expire on December 31, 1985, therefore he needs to know as soon.
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PLANNING 8 ZONING
November 13, 1985
Page Two
as possible in order to complete the addition he is putting on the
building to accommodate the day care center.
After lengthy conversation on this issue, the Board asked Mr. Kluegel
to refer the issue to the City Attorney and have the Attorney present
to the P g Z and then to the Council all of the changes which would
be necessary in order to address the operation of day care centers
within the City (presently the City code does not address the oper-
ation of day care centers).
The ordinance amendment should: 1) be consistent with current state
laws and requirements, 2) address daycare centers and group home
care centers, 3) allow operation of day cares as conditional use in
the NB, LB and GB districts, 4) not allow commercial day care centers
in industrial zones (unless required under state laws), 5) address
operation of day care offered as an employee benefit (rather than
a primary business) to companies within the City (all zones), 6)
change City code to allow day cares as a permitted use rather than
a conditional use in residential zones (per state regulations).
During the course of this discussion Mr. Johnson relayed the fact
that many cities include a phrase in their City codes such as
"prohibited if not specifically permitted" for any such operation
which is not addressed within the City code. He suggested that a
similar phrase be included in the Lino Lakes City code so that if
future situations involve a particular type of business which is
not specifically addressed, the P 8 Z and City Council will have
control of the situation.
Mr. Goldade felt that the City should not be charged legal consult-
ant charges for this issue because the City code is not consistent
with state laws and it was presented as consistent when it was pro-
posed.
Mr. Jim Shafer (accompanying Mr. Amundsen) asked whether there was
any ordinance stating that the operation of this day care center
would be in violation of the City code. The opinion of the Board
and the City Planner was that there was nothing at all addressing
the operation of day care centers.
Mr. Amundsen noted that currently the day care center is operating
in a GB district at the church.
Mr. McLean said "Under the current circumstances, I feel they could
go about their business" and because the operation of a day care
is not specifically addressed, "In the meantime, the road is
open ".
Mr. Johnson suggested that the operation of a day care could be
construed to fall into the category of "music, dance, business or
trade schools" which are permitted uses. Mr. Prokop said that he
would prefer not to interpret the code in this way, but rather have
the City Attorney make the necessary changes outlined above in
order to specifically address the issue.
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PLANNING & ZONING
November 13, 1985
Page Three
UNDERGROUND ROAD POLICY
Mr. Bob Toddie represented the City Engineer, TKDA, as requested
by the P & Z Board to speak to the issue of the underground road
policy which Mr. Goldade proposed a few meetings ago.
Mr. Goldade's main concern was that a minimum depth be required
when utilities are boring or jacking under City streets. Mr.
Toddie said that the standard that TKDA tries to go by-is 24"
depth for cable TV, 36" to 42" for gas and electric utilities and
depths for sanitary sewer and water depending on the conditions
of the system and other underground lines in the area. He said
that each case, however, must be separately examined considering
what underground lines are already there. He did understand the
concern of possible damage to the streets. TKDA does realize that
the streets could be damaged and takes precautions to eliminate
or minimize street damage.
Another concern was that of cutting streets to install utility
lines. Mr. Toddie stated that streets are cut only with permis-
sion from TKDA. The Board suggested a bond for assurance that
any street cut will be returned to proper condition. Mr. Toddie
agreed that this should be done.
MOTION: Mr. Goldade moved to recommend to Council that the City
Engineer be requested to draft a policy requiring a surety bond
with one year warranty when a contractor cuts a street. This
proposed policy should be returned to the P & Z Board and Council
for approval. Mr. Prokop seconded the motion. Motion carried.
LINO VENTURES - SITE & BUILDING PLAN
Mr. Harvey Karth represented Lino Ventures for their site and
building plan review for an addition to their mini - storage facility
on Lake Drive.
In discussion, it was noted that the plan does not call for any
additional signage, parking or paving.
MOTION: Mrs. Klaus moved to recommend to Council approval of the
site and building plan for Lino Ventures, 7317 -7319 Lake Drive,
Lino Lakes, MN as shown in the 9/30/85 application because it meets
the requirements of Section 5, Subdivision 4, Paragraph 1 - 4 of
the Zoning Code. Mr. Doocy seconded the motion which carried unani-
mously.
JERRY'S GARDEN SHOP - SITE & BUILDING PLAN
Mr. Jerome Rosengren represented Jerry's Garden Shop in his request
for review of a site and building plan for an addition to the exist-
ing building.
Mr. Johnson had recommended approval and the City Engineer had re-
viewed the site and felt there would be no problem with regard to
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PLANNING 8 ZONING
November 13, 1985
Page Four
drainage. The Board complimented Mr. Rosengren on a thorough
presentation.
MOTION: Mr. Cody moved to recommend to Council approval of the
site and building plan for Jerome T. Rosengren, dba Jerry's Garden
Shop at 8322 Lake Drive, Lino Lakes, MN (application dated 10/3/85)
because the site and building plan complies with Section 5, Subdivi-
sion 4, Paragraph 1 - 4 of the Zoning Code. Mrs. Klaus seconded the
motion which carried unanimously.
SPETZMAN TRANSMISSION - AMENDED CONDITIONAL USE PERMIT
Mr. Jim Spetzman represented himself in his request to amend his
conditional use permit to allow him to rent one of his buildings
to another party to operate an auto repair shop.
Mr. Johnson, in his 11/8/85 memo stated his concern that approval
of this request would intensify an industrial use abutting a
residential district; many cities restrict the number of principal
uses on a lot to only one - -this situation may create a precedent
of more than one principal business per lot. He recommended tabling
this item until the issued of number of principal uses per lot is
addressed (the current ordinance does not address the issue).
Mr. McLean voiced his concern that intensification as proposed may
create a "mini industrial park ".
MOTION: Mr. Cody moved that the application of Jim Spetzman, 8121
Lake Drive, Lino Lakes, MN, asking the existing shop building be
usable by another party to operate an auto repair shop as an amend-
ment to the conditional use permit Mr. Spetzman has for his property
be recommended to Council for approval because it meets the require-
ments of Subdivision 5, Paragraph 8 and Subdivision 5, Paragraph 2a
through 2i regarding intensification. Motion seconded by Mr. Prokop
and carried unanimously.
Mr. Cody said that for the record, he felt that the P 8 Z Board should
deal with the issue of number of principle uses. Upon request, Mr.
Johnson agreed to bi.ing background information and recommendations
regarding principle uses to the December meeting of the P 8 Z Board.
PAUL TUBBS - METES & BOUNDS CONVEYANCE
Mr. Paul Tubbs represented Al Augustine in a request for a metes
and bounds subdivision. Per Mr. Johnson's 11/8/85, the request was
also for a lot width variance for one of the parcels. The applicant
showed that the lot width of the parcel in question was large enough
that a variance would not be necessary.
After lengthy discussion, the Board felt that the proposed layout
should be changed to allow for a better road pattern through this
property. Mr. Tubbs voiced his opinion that the City in this case
would be placing a economic hardship on the owner of the property
by requiring a different layout. He felt that the proposed layout
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PLANNING & ZONING
November 13, 1985
Page Five
would bring the owner the best selling price. Mr. Johnson told
Mr. Tubbs that the City has the obligation to plan for the future
of the City rather than for the advantage of particular landowners.
MOTION: Mr. Prokop moved to table the request by Paul Tubbs for a
metes and bounds subdivision, dated 10/16/85 until Mr. Tubbs can
present alternatives which will provide for the east /west road
easements necessary for future development in the area. Mr. Doocy
seconded the motion which carried unanimously.
OLD BUSINESS
Opus Two - Mr. Doocy asked Mr. Kluegel to check into the sign which
Opus Two put up along 35E about a year ago. He seemed to recall
that the sign was put up against state requirements and now that
Opus Two has moved their business out of the City, he felt that the
sign should be removed. Mr. Kluegel agreed to follow up on this.
NEW BUSINESS_
Lee's of Lino - There was a question about what plans Lee's of
Lino has for renovation after their recent fire. Mr. Kluegel
stated that because the building was less than 75% destroyed, the
owners could renovate what is left rather than rebuild from the
ground up. Mr. Kluegel will enforce the code when issuing permits
for the renovation.
Waldoch's Farm - Mention was made of an apparent addition to the
old Waldoch Farm. Mr. Kluegel was not aware of this and said no
building permit had been issued, therefore he would check into it.
Fish Houses on Main Street - Mrs. Klaus reported that at a house
along Main Street, just west of Tom Thumb, fish houses are being
sold from a front yard. She questioned whether this is permitted
and Mr. Kluegel agreed to check it out.
Comprehensive Plan - Mr. McLean asked that a good share of the
December meeting be allotted for work on the comprehensive plan.
Mr. Kluegel told the Board that the City Administrator, Mr. Schumacher
suggested using the resources and assistance available through the
Metropolitan Council. Mr. McLean said that he objects to the
Metropolitan Council telling Lino Lakes how to develop the City.
He prefers to put together the plan with the help of the City
Planner. Metropolitan Council, he said, has to approve the final
proposal regardless of who puts it together.
The meeting adjourned by motion from Mr. Prokop seconded by Mrs.
Klaus at 9:55 P.M.
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