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HomeMy WebLinkAbout03/12/1986 P&Z Minutes• • • PLANNING & ZONING BOARD March 12, 1986 Chairman Doocy called to order the regular meeting of the Lino Lakes Planning and Zoning Board at 7:04 P.M., Wednesday, March 12 1986. Present: New members Cheryl Nelson and Arlene Averbeck; Klaus, Prokop. Absent: McLean, Cody. Also present were the City Planner, Zack Johnson; Building Official, Pete Kluegel; Council Liaison, Harold Bisel and Secretary, Shar Foster. Mr. Doocy, Mrs. Klaus and Mr. Prokop welcomed the new members Mrs. Nelson and Mrs. Averbeck. CONSIDERATION OF MINUTES - February 12 Regular Meeting /February 19 Comprehensive Plan Review Meeting MOTION: Mrs. Klaus moved to table consideration of the minutes of the 2/12/86 meeting until a quorum of that meeting's attendees is present. Seconded by Mr. Prokop. Motion carried unanimously. MOTION: Mr. Prokop moved to table consideration of the minutes of the 2/19/86 comp plan meeting until a quorum of that meeting's atten- dees is present. Seconded by Mrs. Klaus. Motion carried unanimously. OPEN MIKE (Commercial Asphalt Company) Mr. Gary Sauer, President of the Commercial Asphalt Company appeared before the Board introducing his proposal to set up and operate an asphalt plant at the southwest corner of 35E and County Rd. 14, and asking the Board for its feelings on this proposal. Mr. Sauer explained that his type of business is regulated by strict standards by the EPA and PCA for pollution and safety hazards. He provided a letter of recommendation from the Public Works Director at the City of Maple Grove, where Commercial Asphalt Company presently does business. The plant he is proposing is a "portable plant" whereby the equipment is not permanently built on the property and could be dismantled and moved. Because the plant would not be a permanent fixture, the City would not realize a tax benefit for the plant. Mr. Sauer stated that the benefit to the City would be that the asphalt would be convenient for local construction companies and thus the cost to the local con- sumer would be decreased. Concern was expressed by the Board that this location, though very convenient for the asphalt company, would be more suitable to a dif- ferent type of business (possibly shopping center) in the future. Mr. Sauer explained the procedures used for pollution and odor con- trol and also that aggregate would be stockpiled to about 25' piles. Mr. Prokop asked if this operation would be similar to T. A. Schifsky's in North St. Paul. Mr. Sauer said no, that this operation would not have any paving equipment or other equipment or trucks located on site. When questioned regarding spillage, Mr. Sauer stated that the entire area where a spill could occur is enclosed by concrete walls to avoid problems. • • • PLANNING & ZONING BOARD March 12, 1986 Page Two Mr. Doocg told Mr. Sauer that if he wished to pursue this proposal any further, he would need to submit a formal application for consideration of this proposal. OPEN MIKE (L & G Rehbein) Mr. Gerald Rehbein and Mr. Granger represented L & G Rehbein who has proposed to the Park Board and to the City Council, and at the City Council's request, now to the Planning and Zoning Board, a plan to excavate from a parcel of property east of 35E and refill the parcel with layers of a lime by- product and native soil, and then donate the parcel for park purposes. Mr. Granger explained that a few months ago, his client received a letter stating that the City of Lino Lakes was seeking park property in the eastern portion of the City and that his client's property may be suitable. The letter asked whether the property owner would be willing to donate or sell his property for park purposes. In light of this letter, L & G Rehbein put together a proposal for donating approximately a 16 acre parcel. L & G Rehbein would, over several years time, and consistent with a pre - planned design, excav- ate the soils from a parcel purchased from Al Augustine, use part of the soil for fill elsewhere and reserve a portion, and then haul in layers of lime by- product (remains from the St. Paul and Minneapolis water filtering system) and layer in the reserved soil, and grade the property per the park plan, and then donate the property to the City for use as a park. Mr. Granger handed out an analysis of the lime by- product showing that it is virtually the same as agricultural lime, but has a higher water content. He also brought a topographical map and soil analysis showing the land to be high rol1'ing land with sandy soils. He ex- plained that at this time, L & G Rehbein is looking for approval of the concept and then will have to work with the City engineer, attorney, Park Board, etc. to develop a final proposal. The DNR, Rice Creek Watershed District and other groups,woudld also need to be approached for all the appropriate permits, etc. Mrs. Averbeck voiced a concern that she has the understanding that in a case such as this the property would need to be monitored by law for twenty years. She questioned who would do the monitoring and how the lime would affect the nearby water and lakes. Mrs. Klaus was concerned with the affect of the soil PH and whether trees and shrubs would grow after the lime was layered in. Mr. Rehbein explained that the excavating and refill would be done per a park design whereby certain areas would be left with native soils to allow for trees, etc. The excavation would take place in the areas planned for ballfields, etc. • • • PLANNING & ZONING BOARD March 12, 1986 Page Three Mr. Granger said all these concerns would need to be addressed by the appropriate group as part of completing the approval process. Mr. Prokop said he was encouraged by this concept since there is such a need for a park in this area. Mrs. Averbeck felt that just because the City needs the park, all aspects should be researched so as not to take the attitude of "the end justifies the means ". No action was taken at this time since this was an open mike item. L & G Rehbein was told that they should submit a formal request for further consideration. BUILDING OFFICIAL'S REPORT Mr. Kluegel repotted that the 2/24/86 Council set a public hearing for Ulmer Construction's preliminary plat and rezone for 7:45 P.M. on 3/24/86. He also reported that the 2/24/86 Council approved the site and building plan for Klosner - Goertz. Mr. Kluegel brought the Board's attention to the fact that Mr. Marier, at the 2/24/85 Council meeting, said the Council and Planning and Zoning Board should set up criteria for buildings in the business districts. Mr. Doocy asked Mr. Johnson to bring to the next meeting some examples of criteria in other communities. Mr. Kluegel stated that the Council expressed a desire that P & Z move along with the comp plan review in order to be able to make a recommendation with regard to the D. Erickson Home Builder's proposed plat. Also, with regard to the comp plan review, Mr. Kluegel repeated what Mr. Davidson, the City Engineer had said at a recent Council meeting - that the Metro Waste Control and Metro Council are currently taking a stand of reducing the MUSA lines rather that increasing and that the P & Z Board should def- initely discuss the situation with the Met Council before going any further with the comp plan. This was discussed later under New Business. Mr. Kluegel also brought attention to the forms in each board - member's packet which the City Auditor has requested be signed by each boardmember in order to be in compliance with statute. Mr. Kluegel asked that these forms be signed as soon as possible and returned to him. SCHUBERT OUTDOOR ADVERTISING - Conditional Use Permit for Sign Mr. Richard Schubert represented Schubert Outdoor Advertising in their requthstfor a conditional use permit for a 14' X 48' "V" shaped outdoor advertising sign. • • • PLANNING & ZONING BOARD March 12, 1986 Page Four Mr. Schubert said his two -faced sign would be a "unipole" construc- tion, which takes up very little area and a business could use the property right up to the sign without hindrance. The face would change periodically, the sign would be externally lit, of steel structure and withstand a30 pounds per square foot windload. Mr. Kluegel said that the application meets or exceeds all ordin- ance requirements: 750' from nearest home, 750' radius from other advertising sign, 1200' from sign on the same side of the street, 20' setback from the street. Mr. Schubert said that Lino Lakes businesses are currently in- terested in leasing the signs. Mr. Doocy asked if the City benefits at all from the sign. Mr. Schubert said the only benefit is the advertising itself. The sign is planned to be erected when the frost goes out of the ground. MOTION: Mrs. Klaus moved to recommend to Council approval of the conditional use permit for Schubert Advertising, 2747 26th Ave. So., Minneapolis, MN to place two advertising structures on property owned by Roger Action as set forth in the application dated 1/28/86, because the proposed conditional use permit has been recommended for approval by the City Planner and because the Building Official has stated that the ordinance will be met. Seconded by Mrs. Averbeck. Carried unanimously. Mr. Schubert was told that this request will go to the City Council on 3/24/86 for final approval with the afore - mentioned recommenda- tion. EMMETT SALBERG - Metes & Bounds Conveyance /House Move -In Mr. Salberg represented this application for a metes & bounds con- veyance. Mr. Kluegel stated that the application meets requirements of frontage and acreage size per ordinance. Mr. Johnson agreed. Mrs. Klaus asked whether three items, which she felt should be included when considering a metes & bounds conveyance are available - 1) list of name of adjacent landowners, 2) location of utilities on the property, 3) plan for future subdivision. Mr. Johnson did not feel in this instance that a plan for future subdivision was necessary. Mr. Salberg stated that there are no utilities on the property in question and that he thought there was only one land- owner which, according to ordinance, would need to be notified. MOTION: Mr. Prokop moved that the application by Emmett Salberg, 5926 Hobe Lane, White Bear, MN, dated 3/5/86 for a metes and bounds subdivision as proposed in the application be recommended to Council for approval since it is in compliance with the City Code and the Comprehensive Plan for the City. Before the Council considers the request, the adjacent landowners must be notified as specified in the ordinance. The balance of the property will remain farm land. Mrs. Klaus seconded the motion. Motion carried unanimously. • • • PLANNING & ZONING BOARD March 12: 1986 Page Five The Board then considered the request for a house move -in. Mr. Salberg stated that the house to be moved in is currently up on wheels and ready to be moved. A garage will accompany the house, and Mr. Kluegel felt that the house itself is the most structurally sound he has ever seen come to Lino Lakes. Mr. Salberg stated that a full basement will be built. The soils did not appear to be the best for a full basement. Mr. Salberg said that the basement would not be very deep and then shrubbery would be planted to help camouflage somewhat. MOTION: Mrs. Klaus moved the application for a house move -in for a house and garage for Emmett Salberg, 5926 Hobe Lane, White Bear, MN, dated 3/5/86 be recommended to Council for approval with the advise from the Building Official that the house and garage are in good condition and that the septic and well are built according to WPC -40, etc. specifications. The soil borings suggest that a full basement be a shallow basement, but it is recommended that the basement be done in such a manner as not to look as though it is just "sticking out of the ground ". Mrs. Averbeck seconded the motion. Motion carried unanimously. Mr. Salberg was told that the 3/24/86 Council will consider this request with this Board's recommendation. KENNETH TRITTEN - Site & Building Plan Mr. Tritten appeared before the Board explaining that he would like to lease for five years a five acre parcel on Ash Street and develop a driving range with a small building to be used as a clubhouse, parking lot, and satellite rather than a septic system. He hopes that, should this venture be profitable, he can purchase the property after the five year lease period. He was reminded that currently a ten acre parcel is the minimum in that area. He realized that, and stated that if the ordinance did not change the owner is willing to sell the ten acres after the lease period. Mr. Prokop voiced a concern that the ordinance allows for a golf course and he did not feel that a golf driving range would be considered a golf course. Mr. Johnson felt it was part of or similar to a golf course, and would thereby be allowed. Mr. Tritten has agreed that if the venture is not profitable, at the end of the five years all improvements would belong to the property owner. Mr. Kluegel said that the PCA and the Health Department did not require a septic system and would allow a satellite in this case. Mrs. Nelson asked about fencing and landscaping. Mr. Tritten said he plans to erect a no rust fence recommended for ball parks, etc. and put in landscaping as the P & Z feels is necessary to make the area pleasing. • • • PLANNING & ZONING BOARD March 12, 1986 Page Six_ The parking lot at the driving range is planned to be Class 5 material. Bituminous is not required per ordinance. MOTION: Mrs. Averbeck moved to recommend to Council approval of the site and building plan of Kenneth Tritten, 6221 Laurene Drive, Circle Pines, MN dated 2/25/86 for a driving range at 1297 Ash St., Lino Lakes. Mr. Tritten will be leasing a 5 -acre parcel from Donald Lundgren for five years, after which time he may purchase the proper size lot or turn any improvements over the Mr. Lundgren. A golf driving range appears to be a permitted use in the rural zone. A clubhouse of 2X4 construction will be erected. No lighting for nighttime hours and no septic system will be installed (a satellite will be on site). Before this goes on to the Council, a landscape plan should be submitted for Council consideration (possibly stag- gering trees and shrubs in front of the clubhouse and fencing. Motion was seconded by Mrs. Klaus assuming that a driving range falls into the definition of a golf course. Motion carried with Mr. Prokop voting no because he felt that a driving range is not the same as a golf course and thus he felt approval would not be consistent with the comprehensive plan. VOYAGEUR LOG HOMES - ROGER KOLSTAD - Conditional Use Permit for Sign Mr. Kluegel brought this request to the Planning & Zoning Board again. At two previous meetings the Board did not feel it was their responsibility to consider the request. Mr. Kluegel repeated that Voyageur Log Homes still has in place, without a permit, a mini log home model of approximately 10' X 20', with an advertising sign on top. Because of the size, structure and type of material used, this advertising device requires a conditional use permit. Mr. Kolstad stated that he is representing Russ Holman of Voyageur Log Homes and that Mr. Kolstad's only relationship is a friend of Mr. Holman. He also stated that this structure is only planned to be up during the building season and then removed, unless it proves to be a very successful device, at which time, Voyageur Log Homes will appear again before the Board for consideration of an extension. Mrs. Klaus suggested that a time limit be placed on the conditional use permit. Mr. Prokop asked Mr. Kluegel what recourse the City would have if the time limit came and Voyageur Log Homes did not remove the device. Mr. Kluegel read the ordinance pertaining to this issue. Mr. Doocy asked why this structure was erected without a permit. Mr. Kolstad had no reason; Mr. Holman did not understand that a permit had been granted. Mr. Kluegel also stated that the structure has been erected on the Forrest Tagg property at the intersection of 35W and Lake Drive and that property is currently for sale. MOTION: Mr. Prokop moved to reject this request because the applicant is coming before the Board after the fact and now wants to go through the proper channels, and the applicant should • • • PLANNING & ZONING BOARD March 12, 1986 Page Seven not be excused. The motion died for lack of a second. Mrs. Klaus then said that she felt that Mr. Kolstad appeared before the Board at a previous meeting in good faith and she felt that some miscommunication may have resulted in the structure being erected without a permit. Mr. Prokop then withdrew his motion. MOTION: Mrs. Klaus moved that the application dated 1/30/86 for Roger Kolstad /Voyageur Log Homes for a temporary advertising device conditional use permit be recommended to Council for approval (due to the fact that the Building Official has expressed his opinion that the structure is of sound build and does not create a hazard with respect to windload, etc.) temporarily until September, 1986. Mr. Prokop seconded the motion. Motion carried unanimously. LOT PROVISIONS - Zack Johnson Mr. Johnson presented a 3/6/86 memo and attached proposed ordinance with regard to lot provisions, as requested by the last meeting of the P & Z Board. Mr. Doocy felt that Mr. McLean had shown the most interest in this ordinance provision and thus the Board should wait until Mr. McLean has an opportunity to see the proposed change. MOTION: Mrs. Klaus moved to table consideration of the lot provisions issue until more members are present who are familiar with the back- ground of the issue. Mrs. Nelson seconded the motion. Motion carried unanimously. NEW BUSINESS Petition for Smaller Lots Stan Snell, from the audience, presented to the chairman a copy of a petition signed by 36 parties requesting that the Board consider as part of the comprehensive plan review an area of less than the current ten acre minimum in the southern part of Lino Lakes. Mr. Snell has attended the last comprehensive plan review and thought he would continue to attend the future meetings. Mr. Doocy asked that presentation of this petition become part of the record of this meeting and told Mr. Snell that it would be brought before the comp plan review board and that the Council would also receive a copy. Comp Plan Review Mr. Doocy asked that Mr. Kluegel or Mr. Schumacher make arrangements for an appropriate representative from Metro Council to attend the next comp plan review board meeting. This person need be knowledge- able in the area of MUSA lines, population growth /density, etc. Two possible persons named were Vic Ward and Carl Brandt. • • • PLANNING & ZONING BOARD March 12, 1986 Page Eight Mr. Doocy also explained that he asked Mr. McLean to chair the Comp plan review meetings since Mr. McLean initiated the review and also because Mr. Doocy can't always be present for the meetings. Ordinance Changes Mr. Doocy asked that updates to the City, Code book be sent to the P & Z Boardmembers as soon as possible after Council approval. Time Requirements for Municipal Review Mr. Johnson handed out his 3/12/86 memo noting the state §,uidelines regarding various municipal review time requirements: He also added that the state guidelines can be overridden by the City guidelines only if the City guidelines are more restrictive, but not if the City guidelines are less restrictive. Mr. Johnson said that if action is not taken in the appropriate time guidelines, the application is automatically considered approved. He suggested that the City Code be updated to comply with these state statutes. New Planner Issue Mr. Johnson thanked the Board for their vote of support and confi- dence in his work with the Board. He asked the Board to communicate their desires to him to assure pronhpt -and proper service:.. OLD BUSINESS There was no old business. The meeting adjourned at 10:05 P.M. Aye.