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HomeMy WebLinkAbout11/13/1985 P&Z Agenda & Minutesi 4 1 5t t I( t oS�A klo"7.- :,v L + 6, !. PCLVI 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 Open Mike F-cx.,vZ EQ(rT Building Official's Report - g7'mo.z 815�� Z_ 7"°) , txt 'a -''rte D02-6)P4P) 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 ��Ee�S At(& 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 l< 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 S000Q R. 14. Adjourn �crhP /61(h4 rA);i-N At Z. /..gvj7 4e- MC Iry Co „ ,) c.. L STi%FF "70 D (G }c_ } 1� to . 1 1 145 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. 146 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. 1 1 1 1 1 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 147 148 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 1 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. 149