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HomeMy WebLinkAbout06/11/1986 P&Z MinutesJune 11, 1986 PLANNING & ZONING BOARD Chairman Doocy called to order the regular meeting of the Planning and Zoning Board at 7:02 P.M., Wednesday, June 11, 1986. Members present: Prokop, Averbeck, McLean, Cody, Nelson. Members absent: Klaus. Also present were Mr. Johnson, City Planner; Mr. Kluegel, Building Official; Mr. Bisel, Council Liaison; and Mrs. Foster, Secretary. CONSIDERATION OF MINUTES - May 14, 1986 MOTION: Mr. Prokop moved to approve the minutes of the May 14, 1986 meeting as presented. Mr. Cody seconded the motion which carried unanimously. OPEN MIKE - Justin Ray, Request for Lighting Ordinance Mr. Ray explained that he has been experiencing a problem with the lighting used by his neighbor to light the neighbor's yard. The neighbor has been using flood lights as yard lights which causes the rooms of his home to be lit up during the nighttime hours and also blinds him if he is driving into his property or working in his yard. He explained that he has checked with other municipalities and has learned that several have an ordinance dealing with the problem. Mr. Ray asked the P & Z Board to consider an ordinance for Lino Lakes. Copies of the ordinances he collected were given to each Boardmember. OPEN MIKE - Ary Gearman, Developer for Rice Lake Estates Mr. Gearman appeared before the Board explained that he is the developer for the Rice Lake Estates project. The area where his development is planned is zoned R7 for manufactured housing and also has smaller than standard lots. Mr. Gearman stated that in checking the prices to put up a "panelized" manufactured home, he found that he could put up an actual "stick- built" home of the same dimensions for around $3,000 less per home. He felt that the quality of workmanship, the appearance, and the tax benefit to the City from the "stick- built" home would be far superior to the "panelized" home or the "double -wide trailers" for which the R7 zone was created. The Board concurred with the fact that the "stick- built" home would be superior in the respects Mr. Gearman noted, however, were concerned that if they allowed the "stick - built" home on the substandard lot this would set a precedent. • • • Mr. Gearman felt that to replat the area would not be possible now since the utility stubs are already installed to each lot according to the current plat. To rezone the area, the lots would need to be standard size. Mr. Gearman was instructed to work with the City Planner to try to come up with a workable alternative. Mr. Gearman said that he was of the understanding from discussion with the City Administrator that if he appeared before the Board this evening he could have his problem solved. Chairman Doocy explained that no action is ever taken on an open mike agenda item and he asked the Building Official to clarify this with the City Administrator. Mr. Johnson, City Planner told Mr. Gearman that any solution such as a rezone, replat, etc. would require a public hearing and the official action on the issue would take at least 60 days. BUILDING OFFICIAL'S REPORT Mr. Kluegel reminded the Board of the comp plan meeting to be held on June 18 with Jim Schoettler, Metro Council Planner. He also reported the following action on recent P & Z issues: - The 5/27/86 Council denied the variance request of Jim Hill for a dog kennel based on the P & Z's recommendations. - The 5/27/86 Council denied adoption of a resolution ordering improvements for Ulmer's Rice Lake 4th Addition because of the poor relationship between the developer and the residents to gain easements. Also the Council adopted a resolution denying the Ulmer's Rice Lake 4th Addition preliminary plat. An ordinance rezoning Ulmer's 4th from ER to R -1 was adopted. - The request by W. Boop for a conditional use permit for land reclamation was tabled by the 6/9/86 Council. The issue of the D. Erickson rezone and preliminary plat were tabled by the 5/27/86 Council. They felt it prudent to wait on this since the comp plan review board is still reviewing the comp plan. - The 5/27/86 Council moved to return the request by Wayne Scanlon for a text amendment to the P & Z Board to redefine the intent of the request. MINOR SUBDIVISION - FLOYD PUDWILL Mr. Pudwill appeared before the Board to discuss his request to divide in half 72' which lies between his property and his sister -in -law's property adjacent to his. MOTION: Mr. McLean moved to approve application #86 -18 of Floyd and Ardell Pudwill and Dolf and Phyllis Lieberman in which two pieces of property on Old Birch Street, are being extended 36' each to create larger lots and the land that the 72' is being removed from is also owned by the two parties. This change does not affect the ER zone requirements and is creating a less non - conforming use. Motion was seconded by Mrs. Averbeck and carried unanimously. VARIANCE TO TOOL SHED (ACCESSORY BUILDING) ORDINANCE GORDON CARR Mr. Carr appeared before the Board requesting a variance to allow him to build a 12' X 20' =240 sq. ft. "tool shed" to house his snowmobiles, boat, garden tractor, etc. The ordinance allows for a tool shed of 120 sq. ft. maximum. MOTION: Mr. Cody moved that application #86 -19, dated 5/21/86 from Gordon Carr, 6238 Otter Lake Rd., requesting a variance to the size of a tool shed on property :legally described as Lot 2, Block 5, Otter Lake Estates be denied. Granting of this variance would allow an accessory building twice the size of that allowed within Section 4, Subd. 7 (11) of the accessory building ordinance without meeting the requirements for a variance as spelled out in Section 5, Subd. 7 (1 -6) of the zoning ordinance. The hardship shown is economic and granting of the variance would set precedent. Motion seconded by Mrs. Nelson. Motion carried with Mr. McLean abstaining. VARIANCE TO FRONT YARD SETBACK - THOMAS FORLITI Mr. Forliti appeared before the Board requesting a variance to the front yard setback requirement in order to build a garage on the location where his old garage stood. The old garage, which Mr. Forliti tore down due to its poor condition had a setback of only 10 feet from Laurene Avenue. In reviewing the request, the Board also learned that Mr. Forliti wished to construct a larger garage than had previously been there. The additional square footage would not be on the side of the garage which would further affect the setback, however the square footage of the proposed garage would be larger than the home on the property. There was a question as to whether or not a garage can be larger than the home. Suggestions were made to Mr. Forliti to place the garage on the other side of his house or behind the house. He said the house layout warrants the garage being built as he has proposed; either the entrance to the house would not be practical for the garage or many mature trees would need to be removed to place the garage elsewhere on the property. • As for the problem of the garage larger than the house, Mr. Forliti explained he has future plans to expand the home. MOTION: Mrs. Nelson moved to deny application #86 -17 of Thomas Forliti, 250 Linda Avenue for a variance to front yard setback for a garage structure because it does not meet the setback requirements of the ordinance and because no hardship of the land has been shown as is required by Section 5, Subd. 7 (1 -6) of the zoning ordinance. Mr. McLean seconded the motion which carried unanimously. CONDITIONAL USE PERMIT FOR LAND RECLAMATION - CUSTOM CONTRACTORS Mr. Kluegel explained that in response to complaints from the LaMotte Drive area that heavy trucks were hauling in fill and ruining the street, he investigated and found that Custom Contractors was indeed hauling in fill. At the time, Mr. Kluegel stated that he had received an application for a building permit from Custom Contractors, however the application had not been reviewed, no building permit had been issued, and the question of a land reclamation permit had not been brought to the attention of the Building Official. Mr. Prokop asked Mr. Nelson (representing Custom Contractors) why he did not wait for permission to go ahead with this project -- surely being in the building business he was aware of the procedure. The applicant said that he presumed that there would be no problem and that he was under a time crunch in order for this home to appear in the Parade of Homes. Mr. Prokop stated that the P & Z Board is not a "rubber stamp" for any contractor to come into the City and do whatever they feel is right -- that the judgments of the Building Official, Engineer, etc. are necessary. The Board decided to meet 1/2 hour before the next comp plan review meeting to decided upon this issue. MOTION: Mr. McLean moved to table consideration of the request of Custom Contractors for a land reclamation conditional use permit until 6:30 P.M., June 18, 1986 at which time the P & Z has agreed to call a special meeting to deal with this issue. Motion seconded by Mr. Cody and carried unanimously. BUILDING STANDARDS - ZACK JOHNSON Mr. Johnson, City Planner explained the details of his draft proposing standards for commercial and industrial buildings. Mr. Johnson stated that the standards are quite strict, however, the League of MN Cities feels the City could put such standards in place. He felt that before adoption of the standards, however, the City Attorney should check the proposal from the legal standpoint. The Board asked that Mr. Johnson contact the City Administrator for permission to contact the City Attorney to get his legal opinion on this issue and return to the Board with a final draft in the form of a proposed ordinance. This item will appear on a future agenda. NEW BUSINESS Appointing a Vice Chairman - MOTION: Mr. McLean moved to have Mrs. Klaus serve as vice - chairman of the P & Z Board. Mr. Cody seconded the motion. Mr. Doocy felt that it would not be proper to name Mrs. Klaus without her being in attendance this evening to accept the responsibility. Mr. Prokop, Mr. McLean and Mr. Cody voted aye; Mrs. Nelson and Mrs. Averbeck voted nay. Chairman Doocy declared the motion passed. Resubdivision (Ghost) plats - Mr. Johnson suggested that as part of review of the comp plan the City should encourage resubdivision (ghost) plats in order to assure that if future subdivision occurs, a home is not placed on a parcel in such a manner that resubdivision is difficult or impossible. It was discussed that if a builder wished to build right in the middle of an acre or larger parcel it would be difficult if not impossible to enforce an ordinance not allowing this. The Building Official was asked to make new home builders aware of possible future resubdivision and encourage building according to a resubdivision plan. City -wide Drainage Program - The question was asked whether the City has an overall drainage plan, particularly in light of the recent flooding in several areas of the City. Mr. Bisel stated that in a meeting he attended with Vadnais Watershed, he was of the impression that the Watershed Districts feel that each City is responsible to have their own drainage plan. Mr. Kluegel said this is also his understanding. Park Dedication Policy - Mr. McLean said that he has read the minutes of the June, 1986 Park Board meeting and is concerned that the Park Board does not seem to understand the park dedication policy which the Park Board recommended for approval and was passed by the City Council a few months ago. Mr. McLean's understanding of the new ordinance is that the City no longer has the option of requesting land for park dedication. He asked that the Building Official see that a copy of the ordinance go to each Park Board member. Accessory Building Larger Than Principal Building - Mr. Cody suggested that Mr. Johnson propose an amendment to the zoning ordinance which limits the size of an accessory building to be less than the size of the principal structure on the property. OLD BUSINESS West Oaks Roads - Mr. Prokop asked when the roads are going in at West Oaks. Mr. Kluegel reported that they have begun just today and the letter of credit is good until July 1, 1986. The meeting was adjourned at 9:40 by unanimous vote. • •