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HomeMy WebLinkAbout05/14/1986 P&Z Minutes• • • 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. • • • 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: - 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. • • • 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. • 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. • 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. • • • 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- • • • 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.