HomeMy WebLinkAbout05/14/1986 P&Z Minutes•
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PLANNING AND ZONING BOARD
May 14, 1986
Acting Chairman Prokop called to order the regular meeting of the
Planning and Zoning Board at 7:00 P.M., Wednesday, May 14, 1986.
Present: Cody, Nelson, McLean, Averbeck. Mrs. Klaus arrived at
7:05 P.M. Mr. Doocy was absent. Also present were City Planner,
Zack Johnson; Building Official, Pete Kluegel; and Secretary, Shar
Foster.
OPEN MIKE
Mr. Kluegel mentioned that someone had requested to be heard under
open mike to discuss the Wilson Property, however, no one was in
attendance to discuss this item.
CONSIDERATION OF MINUTES
MOTION: Mr. Cody moved to approve the minutes of the April 9, 1986
P & Z meeting as presented. Mr. McLean seconded the motion which
carried unanimously.
Mrs. Averbeck stated that she has seen the Voyageur mini -log home
on the Forest Tagg property after Mr. Kluegel reported at the last
meeting that it had been removed. Mr. Kluegel said that the model
is no longer along the freeway -that it has been moved to the Tagg
property until the owner can come in from out -of -town to take the
model away.
BUILDING OFFICIAL'S REPORT
Mr. Kluegel reported the following actions taken by the 4/28/86
City Council:
1) Charles Gramith's minor subdivision was approved based on the
recommendations from the P & Z Board.
2) Rocky Goertz /Tim Klosner's site and building plan and conditional
use permit for exterior storage were approved based on recommenda-
tions from the P & Z Board.
3) William Boop's land reclamation public hearing has been set based
on recommendations from the P & Z Board.
The plans for the Chomonix Golf Course Clubhouse have been submitted
now to the City. Any P & Z members wishing to see the plans are to
contact Mr. Kluegel. These plans will not come before the Board since
the clubhouse is to be built on Anoka County property.
The next comp plan task force meeting will be held on May 21.
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PLANNING AND ZONING BOARD
May 14, 1986
Page Two
JAMES J. HILL - VARIANCE TO DOG KENNEL ORDINANCE
Mr. and Mrs. Hill appeared before the Board requesting that they
be allowed to keep the dogs they presently have. The facts in this
matter are as follows:
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Earlier, the property owned by the Hills was divided creating
the lot on which their home is and a lot with a home which
the Hills rent to another party. Each of the lots is between
1/2 acre and one acre. The party renting from the Hills has
one dog of their own and they also keep one of the Hills' dogs.
- The Hills own four dogs - one kept by the renting party and
three which they keep on their own property.
- The ordinance allows for two dogs maximum per residence. In
order to qualify for a kennel licence allowing more than two
dogs, the applicant in an ER zone would need five or more
acres. The Hills live on less than one acre.
- The Hills asked to be considered as a "grandfathered" situation.
The ordinance would allow the continuation of all kennels which
were validly located in Lino Lakes prior to the adoption of the
new ordinance. At no time in the past have the Hills had a
valid, licensed kennel, therefore there would be no "grandfather"
situation.
- All dogs with the City are required to have an individual dog
license. The City must have proof of rabies vaccination before
issuing a dog license. The Hills dogs have not been licensed.
Their explanation was that they vaccinate the dogs themselves.
(Licenses could have been obtained if the owner could show the
vaccine bottles and labels.)
- The Hills feel that they cannot get rid of the dogs they pres-
ently have because the dogs belong to their college age sons
and are used for hunting. To choose one to get rid of would
cause an emotional problem to the family. The other option to
the family would be to move out of their home.
- The City Planner reminded the Board that if they decide to
allow the Hills to maintain the current situation, a text amend-
ment to the ordinance would need to be approved, which would in
essence allow four dogs to anyone who wanted four dogs on as
small as 1/2 acre lot. He recommended against such an amendment,
MOTION: Mr. Cody moved to recommend to Council denial of the application
dated 4/22/86 by James J. Hill, 298 Elm Street for a kennel ordinance
variance due to the fact that the applicant has not proven the necessary
hardship to the land (which is required for a variance), and also be-
cause it has been determined by this Board that there was no valid
pre- existing kennel at the time of the adoption of the new kennel
ordinance. Mrs. Klaus seconded the motion which carried unanimously.
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PLANNING AND ZONING BOARD
May 14, 1986
Page Three
Mr. Prokop told Mr. and Mrs. Hill that their request would go on to
the City Council for final consideration on May 27, 1986 at 7:00.
WAYNE SCANLAN - TEXT AMENDMENT
Mr. Scanlan appeared before the Board to request an amendment to
the zoning ordinance to allow him to build and operate an animal
clinic and boarding facility for mostly dogs, cats and horses on
a parcel in a light industrial zone fronting on Otter Lake Road.
He explained that the lease will be done at the present clinic on
July 15, 1986 and he has chosen a 5+ acre site on which to move his
practice. He briefly explained the type of buildings he plans to
construct and that he would return later with site and building plans
for the Board's consideration.
Mr. Johnson, City Planner, explained that the present ordinance
addresses proper zones for an animal clinic and proper zones for
a boarding facility, but the combination clinic /boarding facility
is not addressed within the ordinance. Mr. Johnson's recommendation
was that the most appropriate zone for this type of operation would
be the light industrial zone and that a animal clinic /boarding facil-
ity should be a conditional use in the light industrial zone.
MOTION: Mrs. Klaus moved to recommend to Council a text amendment
to the zoning ordinance to allow a "veterinary clinic or office
with holding facilities" as a conditional use in the light industrial
zone. Mrs. Averbeck seconded the motion. Motion carried unanimously.
L & G REHBEIN - CONCEPT APPROVAL FOR LIME SLUDGE /PARK DEDICATION
Mr. Granger represented L & G Rehbein, along with an engineer from
Comstock and Davis, Inc. The Park Board approved the "concept"
earlier in the year sending it on to the Council. The Council then
sent the issue to the P & Z for consideration.
The plan would call for removing fill from a parcel of property
on the east side of 35E and replacing the void with layers of
lime sludge (a by- product of water treatment from St. Paul Water
Department) and native soil. After completion of the project,
the property would beldonated to the City. The project would be
completed to conform to a park layout plan put together by the
City in advance of the project.
The P; &:Z Board stated that before hauling in and out of the site
could begin, the parcel in question would have to have frontage
on a road per the ordinance. This may require that a road be
put in by L & G Rehbein, not only for their own use, but to the
acceptance of the City.
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PLANNING AND ZONING BOARD
May 14, 1986
Page Four
The major concern of the Board was the question of what impact there
would be on environment should this large concentration of lime
sludge be brought in.
The concensus of the Board was that even though the location may
be a suitable location for a park, the applicant has not convinced
the Board that the methods to develop the park are proper and sound -
not enough information has been made available to assure the Board
that there would be no negative impact.
Mr. Kluegel and Mr. Johnson were asked to assist the applicant in
writing a letter to any agency or individual which may be helpful
in providing concrete evidence or information needed by the Board.
The type of information requested by the Board was 1) applicant
provide case studies of similar projects where large concentrations
of lime sludge were deposited in a "pit" and the environmental impact,
2) the experience of TKDA and /or other engineering firms in this type
of project, 3) the opinion of the PCA, EPA, or any other agencies,
4) the affect not only from the lime sludge but also from the other
heavy metals involved, 5) studies, opinions, experiences should be
from projects in the same type of soils as the soils found in the
parcel being considered.
• MOTION: Mr. McLean moved to table consideration of the L & G Rehbein
lime sludge /park dedication issue until more adequate information is
made available in order for the Board to make a sound decision. The
applicant is urged to work with the City Planner and Building Official
to seek the information requested by the Board. Mr. Cody seconded the
motion. Motion carried unanimously.
The Board took a break at this time.
D. ERICKSON PLAT - AMENDMENT TO COMP PLAN AND REZONE
Mr. Johnson, City Planner, stated that amending the comprehensive plan
and rezoning the property on which D. Erickson plans to plat 99 lots
is the first step in this process. Approval of the plat and any
variances will need to be done later. At present D. Erickson needs
to have the comp plan of the City amended to allow his plat before
he can approach the Metropolitan Council to extend the MUSA line to
include the property. Mr. Johnson also mentioned to the Board that
the Metro Council has recently sent out a draft which would call for,
among other things, not extending the current MUSA lines until the
capacity within the current line is used. This is only a draft at
present; public hearings, etc. will need to take place before accep-
tance. Mr. Johnson reminded the Board that due to a state statute,
action must be taken on this issue this evening.
Mr. Arnie Ficocello and Mr. Tom Veenker of Merila and Associates
Engineers were present to answer questions on this issue.
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PLANNING AND ZONING BOARD
May 14, 1986
Page Five
There was quite lengthy discussion with regard to the fact that the
comprehensive plan task force is presently looking at the area south
of Birch Street (this parcel is part of that area) as to the zoning
and possibly amending the comprehensive plan for all or part of the
area south of Birch Street.
MOTION: Mr. McLean moved to recommend to Council that a public
hearing be set for a comprehensive plan amendment to allow urban -
sized single family residential lots on the parcel of property de-
scribed as the part of the NW 4 of the NE 4 of Section 28, Township
31, Range 22, Anoka County, MN. Mrs. Averbeck seconded the motion.
Motion carried with Mr. Cody abstaining.
The Board discussed the fact that approval of the comprehensive plan
amendment would give D. Erickson the opportunity to apply for MUSA
line realignment with Met Council. Should the MUSA line realignment
not be approved, the entire process would stop there. The next step
would be to rezone the property in question from ER to R1.
MOTION: Mrs. Klaus moved to recommend to Council rezoning the parcel
of property as set forth in the legal description - Part of the NW
of the NE 4 of Section 28, Township 31, Range 22, Anoka County, MN -
410 from ER to R1 pending the approval by both the City Council and the
Met Council, of the comprehensive plan amendment recommended for
approval by this body in the aforementioned motion. The reason for
recommending approval is that through the comprehensive plan update
thus far, it appears that this location is a logical extension to the
MUSA line being that it is adjacent to the existing MUSA area. Further-
more in order for the plat to be considered with the sewered urban
sized lots, the property must be rezoned. Mrs. Averbeck seconded
the motion. Motion carried with Mr. Cody and Mr. McLean voting no.
Mr. Cody stated that he felt that the timetable under which the
Board has acted is the timetable of the developer. He felt it would
be more appropriate to take action after the comp plan task force
has studied the entire area.
MOTION: Mr. McLean moved to table consideration of the preliminary
plat and variance to lot width and size at the developer's request
until the outcome of the comp plan amendment and rezone is known.
Mrs. Averbeck seconded the motion which carried unanimously.
Mr. Johnson suggested to the D. Erickson representatives that they
contact both the Building Official and the City Planner for input
regarding the layout of the plat and also to take into consideration
the request of the Park Board for land for parks. He suggested the
applicant make contact before presenting the plat to the Board.
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PLANNING AND ZONING BOARD
May 14, 1986
Page Six
BUILDING STANDARDS FOR COMMERCIAL AND INDUSTRIAL DISTRICTS
Mr. Johnson reported that in response to the Board's request at
their last meeting for standards for buildings in the commercial
and industrial districts, he has learned of recent court decisions
with regard to such standards and that he wanted to look into the
decisions before recommending standards. This item was tabled
until the June meeting.
NEW BUSINESS
Mr. Johnson reported that the Metropolitan Council has recently
issued a revised draft of the Metro Development Investment Framework
which generally will encourage economic development, discourage
residential development and require communities to use present
capacity within the MUSA lines before expanding the lines. Mr.
Johnson recommended that Lino Lakes be represented at the upcoming
public hearings on this issue. The meetings will take place on
May 28, June 11 and June 25 at various locations. Mr. McLean felt
that the City Adminiistrator or an elected official should represent
the City in order to assure that the City's interests are heard.
The members of the comp plan task force will be reminded of the
meeting.
Mr. Johnson also introduced a proposed procedure and timetable to
be used as an administrative efficiency tool. Copies were given
to each member and Mr. Kluegel. Input on the proposed procedure
was requested within ten days.
Mr. Cody voiced his opinion that the personality of the P & Z Board
seems to be changing and that he feels this is having a negative
affect on the recommendations given by the Board. He reminded the
Board of the joint meeting that Lino Lakes and Shoreview had some
months ago. The Lino Lakes P & Z members who attended that meeting
commended Shoreview on the "hard line" they have taken and strict
standards they have followed in their planning and zoning issues,
and suggested that the Lino Lakes P & Z Board model themselves after
the Shoreview example. Mr. Cody stated that he felt the Board has
become lax in holding the "hard line ".
OLD BUSINESS
Mr. Prokop asked why the time schedule has been removed from the
meeting agenda. Mr. Kluegel said that the schedule was not being
adhered to but agreed to continue scheduling each time as he has
in the past.
Mr. Johnson suggested that the representatives for D. Erickson
• Buildens get together with Mr. Kluegel and himself for a coordinated
report from planning, engineering, Council, and neighborhood as
to the proposed plat in order to save the applicant some time. He
also suggested that the Building Official allow time (as per the
proposed procedure discussed under New Business) for such a coordi-
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PLANNING AND ZONING BOARD
May 14, 1986
Page Seven
nated report for all proposed plats in order to save the applicant's
time in having to return a second time and also to alleviate the
problem of "redesigning" the plat here at the meetings.
Mr. McLean moved to adjourn the meeting at 9:50 P.M. Mrs. Averbeck
seconded the motion. Aye.