HomeMy WebLinkAbout03/11/1987 P&Z Minutes•
PLANNING & ZONING BOARD
March 11, 1987
The regular meeting of the Lino Lakes Planning & Zoning Board was
called to order by Acting Chairman Dave Cody at 7:02 P.M., Wednesday,
March 11, 1987. Boardmembers present: Cody, Prokop, Nelson, Averbeck,
Irwin, Joyer. Boardmembers absent: McLean. Also present were:
Mr. Kluegel, Building Official; Mr. Johnson, City Planner; Mr. Marier,
Council Liaison; Mr. Schumacher, City Administrator; Mrs. Foster,
Secretary.
APPOINTMENT OF CHAIRMAN AND VICE CHAIR
Mrs. Averbeck nominated Mr. Cody to serve as chairman of the P & Z
Board for 1987. Mr. Prokop seconded the nomination for Mr. Cody as
Chairman.
Mr. Prokop moved to close nominations for chairman. Mr. Joyer
seconded the motion. Vote carried unanimously.
Mr. Prokop nominated Mrs. Averbeck to serve as vice chair of the
P & Z Board for 1987. Ms. Nelson seconded the nomination for Mrs.
Averbeck as Vice Chair.
Mr. Prokop moved to close nominations for vice chair. Ms. Nelson
• seconded the motion. Vote carried unanimously.
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CONSIDERATION OF MINUTES - 2/11/87
Mrs. Averbeck noted that on page four of the 2/11/87 P & Z minutes,
under the heading "Building Standards - Proposed Ordinance #05 -86 ",
the motion did not carry unanimously as stated; the vote was
carried with Mr. Joyer and Ms. Nelson voting no. She asked that
this correction be made to the 2/11/87 minutes.
MOTION: Mr. Prokop moved to accept the 2/11/87 minutes including
the correction requested above. Mrs. Averbeck seconded the motion
which carried unanimously.
Mr. Prokop asked in regard to the 2/23/87 Council minutes, under
Ordinance 17 -86 "Creating Central Business District ", page six,
paragraph beginning with "Purpose ", whether the Council meant to
have left in the words "expansion and" or whether this was merely an
oversight. Mr. Schumacher and Mr. Marier felt it was an, oversight,
and the words "expansion and" would be removed for the permanent
record.
OPEN MIKE - MIKE GROW REPRESENTING HANSON BLOCK COMPANY
Mr. Grow appeared before the Board asking their thoughts or concerns
on a possible concrete block company of 15,000 - 20,000 square feet
on a ten -acre parcel in Lino Lakes. Hanson Block is considering
locating either near Moline Concrete or near County Rd. 14 and 35E.
Boardmembers offered suggestions that Hanson Block consider the
noise and traffic complaints which may occur if located near Moline
Concrete and also be informed that a Conditional Use Permit would
be required in the General Industrial zone. A Conditional Use
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PLANNING & ZONING BOARD
March 11, 1987
Page Two
Permit would require a public hearing and limits on exterior storage,
etc. Applicant was told to get this information from the Building
Official. The consensus of the Board was that they were not
adverse to considering the proposal since it appears to be moving
in the direction the City intends to go ",
BUILDING OFFICIAL'S REPORT
Mr. Kluegel reported the following recent Council actions:
- The minor subdivision request of Vernon Wahlberg was withdrawn
before Council consideration.
- The site and building plan of Custom Manufacturing for an in-
jection molding plant was approved by Council.
- The minor subdivision request of Donald McShannock was approved
with the stipulation that the planner's and engineer's recom-
mendations be followed completely.
- The Comprehensive Plan has been submitted to the Metropolitan
Council with the recommendation that the 21 acre lots on the
west side of 35E remain "rural ".
- The second reading of the ordinance calling for a "Central
Business District" was approved.
- Council referred the "building standards" ordinance to the
Chamber of Commerce and Economic Development Committee for
their review and input. Those meetings have been set.
- Zack Johnson has been reappointed to serve as the City Planner.
KEN CHAPEAU - VARIANCE TO ACCESSORY BUILDING ORDINANCE
Mr. and Mrs. Chapeau appeared for the third consecutive month regard-
ing the storage area which they added to their garage. (See January
1987 and February 1987 minutes.) Per P & Z's request, Mr. Kluegel
has determined that it would cost approximately $250 to bring the
storage area to state code and have the siding match the garage.
These changes would still leave the area attached to the garage.
Mrs. Chapeau stated that at the time the garage was built the former
building official was aware of the storage area that the Chapeau's
had planned; at that time there was no accessory building ordinance
which would prohibit the storage area; years later (when the storage
area was actual built) they did not know they would be violating an
ordinance by attaching the storage area.
Mr. & Mrs. Chapeau claimed that there would be no other place on
their lot on which to build the storage area since their lot has
such high water table. They felt that the only possibility would
•be next to their home which they felt would be unsightly. It was
the City Planner's opinion that 50% of the property has water table
problems.
Linda Carlson, a neighbor to the Chapeau's, appeared and said that
the Chapeau's have done a very good job of improving and maintaining
their property, the neighbors were petitioned and were not opposed
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PLANNING & ZONING BOARD
March 11, 1987
Page Three
to the storage area as it exists and in fact the neighbors preferred
the existing structure which is not visible to a storage building
next to the Chapeau's house.
MOTION; Mr. Prokop moved to recommend to Council approval of a
variance for Kenneth Chapeau, application #87 -1, 1243 W. 81st St.,
Lino Lakes, MN. This variance would be to the accessory building
ordinance and is recommended due to the hardship of the land (50%
of the land having water table problems per the City Planner) with
the following findings of fact: (1) That the property in question
cannot be put to a reasonable use if used under conditions allowed
by the accessory building ordinance. (2) That the plight of the
landowner is due to circumstances unique to his property (watertable
problems and asthetics problem if the storage building is located
alongside the house). These circumstances are not created by the
landowner, (3) The hardship is not due to economic considerations
alone. (4) Granting the variance will not confer on the applicant
any special privilege. (5)This action will not unreasonably dimin-
ish or impair established property values within the neighborhood.
(6)The proposed actions will be in keeping with the spirit and in-
tent of the ordinance. (Appendix B, Section 5, Subd. 7 (1 - 6).
Granting of this variance also will mean that the 16' X 8' storage
area which is presently attached to the Chapeau's garage will con-
stitute a "storage building" and no other "storage building" will
be allowed on the property. Mr. Joyer seconded the motion which
carried unanimously.
MIKE WISE - VARIANCE TO FENCING ORDINANCE
Mr. Kluegel explained that Mr. Wise is requesting a variance which
would allow him a 6 foot fence on his property rather than
the 4 foot fence allowed per ordinance. Anoka County has requested
the variance since the County Highway Department proposes to acquire
additional right of way from the Wise property that will bring the
right of way line within 11 feet of the side of the Wise house. A
fence of this height would help mitigate the noise and other effects
of the project. Mr. Schumacher noted also that the City needs to
acquire land along the other side of the property for 4th Avenue,
which will pose further hardship to the property. Mr. Kinnan was
in attendance representing the County.
MOTION: Ms. Nelson moved to recommend to Council approval of a
variance to the fencing ordinance (Appendix B, Section 4, Subd. 29)
for Michael Wise, 7999 4th Avenue, Lino Lakes, (application #87 -5).
This variance would allow a 6 foot high fence rather than a 4 foot
high fence, and is recommended due to the hardship of the land posed
by right of way acquisition. The following findings of fact apply:
(1) The property in question cannot be put to reasonable use under
the conditions allowed in the fencing ordinance. (2) The plight of
the landowner is due to circumstances unique to his property not
created by the landowner. (3) The hardship is not due to economic
considerations alone. (4) Granting of variance will not confer on
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PLANNING C ZONING BOARD
March 11, 1987
Page Four
the applicant any special privileges. (5) The proposed actions
will not unreasonably diminish or impair established property values
within the neighborhood. () The proposed actions will be in keeping
with the spirit and intent of the ordinance. Mrs. Averbeck seconded
the motion which carried unanimously.
ALBERT THILTGEN - HQUSE MOVELMMIT
Mr. Kluegel explained that this request is for a house move -in
permit for a 1,152 sq. ft. house and 352 sq. ft. garage from 2295
Long Avenue, Hugo to 7791 20th Ave. No., Lino Lakes. This house
is planned to be moved after road weight restrictions are lifted.
Mr. Kluegel said the house was up to code and was in good condi-
tion, though the roof will need repair.
MOTION:, Mrs. Averbeck moved to recommend to Council approval of
a house move -in permit for Albert Thiltgen, to have Able Movers
move a house from 2295 Long Avenue, Hugo to 7791 20th Avenue No.,
Lino Lakes. The house will be brought to code and be compatible
with the houses in the area and meet ordinances with regard to
setback requirements, etc. Mr. Prokop seconded the motion which
carried unanimously.
CONSIDERATION OF ZONING AMENDMENTS
Ordinance 05 -87
Mr. Cody asked Mr. Kluegel if he is satisfied with the language
within Ordinance 05 -87 and whether he could enforce the ordinance.
Mr. Kluegel said yes, he could.
MOTION. Mrs. Averbeck moved..to• recommend to Council adoption of
Ordinance 05 -87 as set forth below. Ms. Nelson seconded the motion
which carried with Mr. Joyer voting no.
CITY OF LINO LAKES
COUNTY OF ANOKA
STATE OF MINNESOTA
Ordinance No. 05 - 87
AN ORDINANCE AMENDING THE CITY CODE, APPENDIX B, ZONING ORDINANCE
OF THE CITY OF LINO LAKES BY ADDING DURABLE AND DUSTLESS SURFACE
TO THE RULES AND DEFINITIONS SECTION
The City Council of the City of Lino Lakes, Anoka County, Minnesota
ordains:
I.
Ordinance No. 2 of the City of Lino Lakes, Anoka County, Minnesota
passed by the City Council on May 24, 1983 is hereby amended by
amending Section 3, Subdivision 2 Definitions to include the
following:
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AMENDMENT:
PLANNING & ZONING BOARD
March 11, 1987
Page Five
Appendix B, Section 3, Subdivision 2 Definitions is
amended to include 44(A): Driveway Surface - A
durable and dustless surface shall include asphalt,
concrete, or other surfaces as approved by the Engi-
neer. Aglime and Class #5 shall not constitute a
durable and dustless surface.
II.
Save as above amended, said Ordinance No. 2 shall stand as ini-
tially passed and as previously amended.
This Ordinance shall be in full force and effect from and after
its passage and publication according to City Charter.
Passed by the City Council this day of , 1987.
• M. G. Anderson, City Clerk B. G. Benson, Mayor
Ordinance No. 04 -87
The Board then considered Ordinance No. 04 =87, An Ordinance
Amending the City Code, Appendix B. Zoning Ordinance of the City
of Lino Lakes by Amending Design Requirements for Off- Street Areas.
The amendment being considered read as follows:
AMENDMENT: Appendix B, Section 8, Subdivision (4) Design and Set -
back requirements for off - street areas is amended to
read as follows:
(C) Surfacing and Drainage. In Districts R1, R2, R3,
R4, R5, R6, R7, NB, LB, SC, GB, LI, CB, GI, PSP and
in open sales lots, off - street parking areas and load-
ing areas and their related driveways and approaches
shall be paved with a concrete, bituminous or durable
and dustless surface. Such areas shall be so graded and
drained as to dispose of all surface water accumulation
within the area.
Permitted Uses in the R, RE and ER districts shall be
allowed to surface off - street parking areas with crushed
rock and similar durable and dustless surfaces.
• The Boardmembers voiced several alternatives to this amendment.
MOTION: Mrs. Nelson moved to recommend to Council approval of
Ordinance 04 -87 to read as follows:
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PLANNING & ZONING BOARD
March 11, 1987
Page Six
AMENDMENT: Appendix B, Section 8, Subdivision (4) Design and
Setback requirements for off - street areas is amended
to read as follows:
(C) Surfacing and Drainage. In Districts R1, R2, R3,
R4, R5, R6, R7, NB, LB, SC, GB, LI, CB, GI, PSP, ER and
in open sales lots, off - street parking areas and loading
areas and their related driveways and approaches shall
be paved with a driveway surface. Such areas shall be
so graded and drained as to dispose of all surface water
accumulation within the area.
Permitted Uses in the R and RE districts shall be
allowed to surface off - street parking areas with crushed
rock and similar surfaces.
Mr. Prokop seconded the motion in order to move on to the vote. On
voting on the motion Ms. Nelson voted aye. All others voted no.
Motion failed.
• MOTION: Mrs. Averbeck then moved to recommend to Council approval
of Ordinance 04 -87 to read as follows:
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AMENDMENT: Appendix B, Section 8, Subdivision (4) Design and
Setback requirements for off - street areas is amended
to read as follows:
(C) Surfacing and Drainage. In Districts R1, R2, R3,
R4, R5, R6, R7, NB, LB, SC, GB, LI, CB, GI, PSP and in
open sales lots, off - street parking areas and loading areas
and their related driveways and approaches shall be paved
with a driveway surface. Such areas shall be so graded
and drained as to dispose of all surface water accumula-
tion within the area.
Permitted Uses in the R, RE and ER districts shall be
allowed to surface off - street parking areas with crushed
rock and similar surfaces.
Mr. Prokop seconded the motion in order to move on to the vote. On
voting on the motion, there were 3 aye votes and 3 no votes. Motion
failed.
MOTION: Mr. Joyer moved to recommend to Council that the present
ordinance (Appendix B, Section 8, Subdivision (4) Design and
Setback Requirements for Off- street areas) not be changed and that
Ordinance 04 -87 be rejected. Mr. Prokop seconded the motion in order
to move on to the vote. On voting on the motion, Mr. Prokop, Mr.
Irwin and Mr. Joyer voted yes. Mrs. Averbeck and Ms. Nelson voted
no. Motion passed.
PLANNING f ZONING BOARD
March 11, 1987
Page Seven
Ordinance Amending Requirements for Motor Vehicle Parking in
Residential Areas —^
Mr. Kluegel explained that the ordinance amendment being presented
simply adds the words "or semi - trailers" and serves the purpose of
clarifying the ordinance and making it more enforceable.
MOTION: Mr. Prokop moved to recommend to Council approval of the
amendment to requirements for motor vehicle parking in residential
areas as follows. Mr. Joyer seconded the motion which carried
unanimously.
CITY OF LINO LAKES
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE No. -86
AN ORDINANCE AMENDING THE CITY CODE, APPENDIX B, ZONING ORDINANCE
OF THE CITY OF LINO LAKES BY AMENDING REQUIREMENTS FOR MOTOR
• VEHICLE PARKING IN RESIDENTIAL AREAS.
The City Council of the City of Lino Lakes, Anoka County, Minnesota
does ordain:
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Section 8. Parking for All Zoning Districts. Section 8, Subdivi-
sion (5) motor vehicle parking in residential areas is amended to
read as follows:
Section 8 Subdivision (5) Motor Vehicle Parking in Residential Areas.
No motor vehicle exceeding a gross weight of 11,075 pounds or semi-
trailers shall be parked or stored in a residential district except
when loading, unloading or rendering a service.
Section 2. Effective Date
This ordinance shall be effective thirty (30) days after its passage
and publication as required by City Charter.
Passed by the Council of the City of Lino Lakes this day of
, 1987.
M. G. Anderson, City Clerk B. G. Benson, Mayor
Ordinance Amending Requirements for Accessory Buildings
Mr. Kluegel explained that the purpose of this amendment is to
clarify the intent of the ordinance, i.e., that accessory buildings
PLANNING & ZONING BOARD
March 11, 1987
Page Eight
must be separate and not physically attached to one another, and
also to address the limit of square footage on attached garages
(the current ordinance does not address this).
Mr. Irwin stated that regardless of the intent when the current
accessory building ordinance was put togethr, he preferred com-
bining accessory buildings in some instances rather than to have
several buildings scattered around a lot. Other Boardmembers pointed
out that if square footage of all the allowed accessory buildings
was to be combined, it could create one very large, unsightly
building.
Mr. Joe Hill was in the audience and stated that he lives on
Sunrise, where the homes have around 660 square feet and he wants
to build a 1,000 square foot detached garage. He felt the limit
of 760 square feet for a detached garage was too small and that
if 1,000 square feet is allowed for an attached, it should also
be allowed for a detached garage.
Mr. Prokop said that the Board should remember that the Accessory
Building Ordinance took a lot of time to compile and 760 square
feet was determined to be adequate for a detached garage.
MOTION; Mr. Prokop moved to recommend to Council approval of an
amendment to Appendix B, Section 4, Subd. 7 regarding accessory
buildings as follows. Mrs. Nelson seconded the motion which carried
with Mr. Joyer voting no.
CITY OF LINO LAKES
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE No. -87
AN ORDINANCE AMENDING THE CITY CODE, APPENDIX B, ZONING ORDINANCE
OF THE CITY OF LINO LAKES BY ADDING TO SUBDIVISION 7 ACCESSORY
BUILDINGS AND STRUCTURES (11) A, B, C, D, E, F.
I.
One attached garage (maximum 1,000 square feet or not to
exceed the square footage of main floor of residence).
Each accessory building must be separate and not physically
attached to another.
II.
Save as above amended, said Ordinance #14 -84 shall stand as ini-
tially passed and as previously amended.
This ordinance shall be in full force and effect from and after
its passage and publication according to the City Charter.
PLANNING & ZONING BOARD
March 11, 1987
Page Nine
Passed by the City Council this day of 1987.
M. G. Anderson, City Clerk B. G. Benson, Mayor
Ordinance Adding_Ear -th— sheltered Homes as a Conditional Use in
R, ER, R1 Districts
Mr. Kluegel explained that earth - sheltered homes were discussed
some time ago by the Board and the purpose of this amendment would
be to allow earth - sheltered homes as a conditional use in R, ER
and R1 districts which would allow the P & Z Board to review re-
quests to build earth - sheltered homes.
Mr. Johnson, City Planner recommended against such action so as
not to discriminate against earth = sheltered homes.
MOTION: Mr. Prokop moved to recommend to Council approval of an
ordinance amendment which would allow earth - sheltered homes as a
conditional use in R, ER, and R1 districts. Mr. Irwin seconded
the motion. On voting on the motion Mr. Prokon and Mr. Irwin voted
aye. Mr. Joyer, Ms. Nelson and Mrs. Averbeck voted no. Motion
failed.
OLD BUSINESS
None.
NEW BUSINESS
Comprehensive Plan - Mr. Johnson, with the use of colored maps,
showed the changes to the MUSA lines which the City Engineer recom-
mended to Council at their last meeting. He also showed the over-
all picture of what the City is requesting from Metro Council with
regard to future planning for sewer and water lines and storage
facilities. Mr. Johnson also suggested that the appropriate changes
to the zoning ordinance and the zoning map be ready to be put in
place when the City receives approval of the comp plan update from
the Metro Council and after necessary approvals by the Council.
Mr. Johnson said he would contact Mr. Schumacher for direction as
to what work will be done by the City Planner and what would be
done at the staff level.
Reappointment of Mr. Johnson as City Planner - Mr. Johnson reminded
the Board that should the members have any concerns with regard to
the planning services provided by Mr. Johnson, he asks that they
be communicated in order to help the working relationship. Mr.
Cody commented that to date he has no concerns with the quality of
service; he appreciates Mr. Johnson's up front presentations.
The meeting adjourned at 9:30 P.M. by unanimous decision. Aye.