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.
•
•