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HomeMy WebLinkAbout01/14/1987 P&Z Minutes• • • PLANNING F ZONING BOARD January 14, 1987 Acting Chairman McLean called to order the regular meeting of the Lino Lakes Planning & Zoning meeting at 7:00 P.M., Wednesday, January 14, 1987. Members present: Cody, Nelson, Averbeck. Mr. Prokop joined the meeting at 7:05 P.M. Mr. Doocy and Mrs. Klaus have resigned from the Board at termination of their service term. Others present: Mr. Kluegel, Building Official; Mr. Johnson, City Planner: Mr. Bisel and Mr. Bohjanen, Councilmen; and Mrs. Foster, Secretary. CONSIDERATION OF MINUTES - December 10, 1986 Mr. Cody moved to approve the 12/10/86 minutes as presented. Mrs. Averbeck seconded the motion which carried unanimously. OPEN MIKE - Ken Chapeau Mr. Kluegel, Mr. Chapeau and Mr. Johnson explained that Mr. Chapeau has constructed on his one -acre parcel an 8' X 16' storage area to the rear of his 24' X 32' detached garage. According to Section 4, Subd. 7 of the zoning ordinance Mr. Chapeau would be allowed: one tool shed (max. 120 sq. ft.), one detached garage (if no attached garage), one storage building (max. 800 ft.). The zoning question is an interpretation of the ordinance. Can a tool shed or storage building be attached to the detached garage if the square footage limits are met? Mr. Johnson, in his 12/23/86 memo stated his professional opinion that the ordinance does not address or prohibit one or more accessory buildings from being attached to each other and that in some cases this may be preferable to separate buildings on the lot. He asked the Board for their inter- pretation and the intent of the accessory building ordinance. The consensus of the Board was that the intent of the ordinance was to allow separate structures which do not share any common walls. Mr. Chapeau asked whether a variance could be granted. Because a variance would require proof of a hardship of the land, which does not exist, Mr. Chapeau was told that a variance would not be granted. Mr. Chapeau was directed to work with the Building Official to arrive at a redesign of the structures which would follow the accessory building ordinance with separate structures. BUILDING OFFICIAL'S REPORT Mr. Kluegel reported the following actions taken at December 86 and January 87 Council meetings: - Conditional Use Permit Amendment was approved for Robert Kohl dba Bob's Auto Ranch with stipulation that no cars be parked on grass and all non - sellable cars be screened. - Conditional Use Permit for Kennel License was approved for James Flannery. • • • PLANNING 6 ZONING BOARD January 14, 1987 Page Two Rezones and Preliminary Plats for Dennis Erickson Bldrs. and Uhde /Regency Homes were approved contingent upon passing of the proposed Comprehensive Plan Amendment. - Conditional Use Permit for Exterior Storage was approved for Allen Montgomery, dba EJM Pipe Services, Inc. per P & Z recom- mendations. HOUSE MOVE -IN - Robert Lichtscheidl Mr. Kluegel and Mr. Lichtscheidl explained that this application is to move a walk -out rambler from 3060 Raymond Avenue, Roseville to 6259 Laurene. The movers for the house are properly licensed and the condition of the home is excellent per Mr. Kluegel. MOTION: Mr. Prokop moved to recommend to Council approval of a house move -in permit for Robert Lichtscheidl as described in his application dated 12/29/86 as it appears to meet ordinance require- ments. Motion seconded by Mr. Cody and carried unanimously. REPLAT "ARBOR LAKE" SUBDIVISION TO "OTTER BAY" SUBDIVISION Mr. Bob Adamson represented Mr. John Blomquist in this issue. The request is to replat the "Arbor Lake" subdivision which was approved in the late 1970's. The following concerns were voiced during dis- cussion of the proposed replat: - Has the City's park dedication requirement on the plat been satisfied and if so, where is the deed to the dedicated land? - The frontages to some of the lots in the replat are less than the ordinance requires (if measured at the road). Mr. Johnson stated that it is common practice to measure the frontage of the lot at a setback distance, which is in this case 30' or more from the road. If this method of frontage determination is used, and the frontage then meets ordinance requirements, the setback distance (30' or more) needs to be noted on the plat. Mr. Johnson also stated that in his opinion the replat configuration is an improvement over the originally approved "Arbor Lake" plat. - County Road J, which is to be used as the only access to this plat, is in very poor condition, and would not handle the traffic load caused by the plat. Before approval of the plat, the ques- tion of who is to be responsible to improve the road (Anoka or Ramsey County) needs to be answered. - Mr. Volk, Public Works Director has recommended an "island" cul -de -sac. Mr. Adamson was not opposed to this. - The drainage plan needs to be addressed by the City Engineer. Mr. Cody voiced his opinion that each of the items of concern listed above should really have been taken care of with approval of the "Arbor Lake" plat and that this applicant has designed an improved configuration and is now being faced with obstacles he did not create. PLANNING & ZONING BOARD January 14, 1987 Page Three MOTION: Mr. Cody moved to recommend to Council approval of the application #86 -44, dated 12/10/86 from John Blomquist for a replat from Arbor Lake to Otter Bay, as described within the application, subject to resolution of the following issues: 1) satisfaction of park dedication, 2) setbacks and frontages for each lot be determined per ordinance requirements and shown on the plat drawing, 3) applicant accept the "island" cul -de -sac recommendation, 4) jurisdiction of County Road J be determined and plans for improvement arranged, 5) RCWD review and approve the proposed replat, 6) soil tests and ele- vations reviewed and approved by Building Official, and, 7) drainage plan be reviewed and approved by City Engineer. Mrs. Nelson seconded the motion which carried with Mr. McLean voting no. ROSS' CORNER LIQUOR - REZONE AND SITE AND BUILDING PLAN Background on this issue: P & Z Board, at their 12/86 meeting con- sidered this issue and a text amendment which would allow the plans of Ross' Corner Liquor. The City Planner, at that meeting, offered to work with the City Attorney and Council to arrive at a better vehicle with which to resolve the problems presented. The City Planner was asked to draft an amendment to the ordinance which would create a new zoning classification with setback requirements and parking requirements appropriate for the proposed site and building plan. This amendment was drafted, considered by the Council on 1/12/87, given its first reading by the Council, and referred to the P & Z Board for their review and recommendations. The consensus of the Board was that the Council originated this amend- ment without following the administrative procedures as outlined in Section 5, Subd. 3 (1 - 9) of the Zoning Ordinance, wherein it is noted that the P & Z Board review the amendment and make recommenda- tion to the Council. Because the Council originated the amendment and has already given it a first reading, the Board felt that it would be "rubber stamped" regardless of the recommendations of the P & Z Board. When asked to comment, Mr. Johnson said that he would not comment on the administrative procedure used, but he did state that from a planning standpoint the "Central Business" district which would be created by the amendment is similar to what is used in other communities and that it would be beneficial for the City to create this district not only for the Ross' Corner Liquor business but also for future commercial growth within the City. Mr. Cody said he would abstain from further consideration of the amendment because he was adverse to the procedures taken in this situation. Mr. Bisel said that the Council took their actions in the interest of time and genuinely requests the P & Z's review of the amendment and is requesting a recommendation. 1 • • PLANNING & ZONING BOARD January 14, 1987 Page Four The consensus of the Board was that they would rather recommend granting a variance to allow the Ross' Corner Liquor plan based on the hardship created by the County's taking of land for road easements, than to recommend approval of an amendment which creates a new zoning district for the benefit of one party. It was felt that the new zoning district may very well be beneficial for the City, but needs complete and lengthy review which regard to its impact on the entire City. Four motions came as a result of this discussion: 1) Variance, 2) Rezone, 3) Amendment, and 4) Site and Building Plan. MOTION: Mr. Prokop moved to recommend to Council approval of a variance for Ross' Corner Liquor, 7990 Lake Drive, Lino Lakes based on the hardship to the land which has been caused by the County taking land from the corner for road easements. The taking of the land has created problems for parking requirements, green space and building setbacks. This variance would allow parking requirements, green space requirements and building setback require- ments less than those outlined within the ordinance. This variance is allowed due to finding of all the facts as outlined in Section 5, Subd. 7 (1 - 6) of the ordinance. Mr. Cody seconded the motion which carried unanimously. MOTION: Mr. Prokop moved to table consideration of the Ross' Corner Liquor rezone. Mrs. Nelson seconded the motion. Mr. Johnson then reminded the Board that the Council has requested that the P 6 Z Board take action on the rezone issue. Mr. Prokop then with- drew his motion to table and Mrs. Nelson withdrew her second. The following motion replaced it. MOTION: Mr. Prokop moved to forward to the Council "no recommendation" on the Ross' Corner Liquor application #86 -44 for a rezone from GB to the proposed CB district. Forwarding of "no recommendation" is due to the fact that the P 6 Z Board has not been given adequate time in which to review the amendment #17 -86 which would create the new CB district. The P F Z Board has recommended granting a variance as an alternative to the rezone. Mrs. Nelson seconded the motion which carried with Mr. Cody abstaining. MOTION: Mrs. Nelson moved to table consideration of amendment #17 -86 which, if approved, would create a new zoning district "CB ". This amendment will be considered at the 1/21/87 worksession as part of the Comprehensive Plan Review, due to the fact that it will impact future planning for the entire City. Mrs. Averbeck seconded the motion which carried unanimously. s PLANNING & ZONING BOARD January 14, 1987 Page Five MOTION: Mrs. Nelson moved to recommend to Council approval of the site and building plan of Ross' Corner Liquor, application #86 -34, as described within the application contingent upon approval of the variance which the P & Z Board has recommended earlier this evening. The "striping" in the parking area should be done in such a manner as to provide the appropriate number of parking spaces and the maxi- mum width of drive between rows of parking. Mr. Cody seconded the motion which carried unanimously. OLD BUSINESS None. NEW BUSINESS Mr. McLean asked Mr. Bisel what the Council is doing regarding appointments to fill the two vacancies created when Mr. Doocy's Mrs. Klaus' terms expired and they chose not to be reinstated. He also asked who the Council has appointed as Chairman of the P C Z Board. Mr. Bisel answered that appointments were not handled at the last Council meeting because the meeting lasted until after 1 A.M., and the Chairman should be appointed at the next Council meeting. As for the two vacancies created, Mr. Bisel said that he has sent a recommendation to the Council that the P C Z Board con- sist of five members rather than seven. This number will be resolved as soon as the Council can consider it within their agenda. Mr. McLean was opposed to the 5- member Board and said he preferred a 7- member Board. The Board agreed to meet on January 21, 1987 at 7:00 P.M. at City Hall to discuss the Comprehensive Plan and also the proposed amend- ment #17 -86 creating a CB zone. The meeting adjourned at 9:50 P.M. by unanimous vote •