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HomeMy WebLinkAbout07/09/1986 P&Z Minutes• • PLANNING 8 ZONING BOARD July 9, 1986 Chairman Doocy called to order the regular meeting of the Lino Lakes Planning 8 Zoning Board at 7:00 P.M., Wednesday, July 9, 1986. Members present: Cody, Klaus, Prokop, Nelson, Averbeck, McLean. Members absent: none. Also present were City Planner, Zack Johnson; Building Official, Pete Kluegel; Council Liaison, Harold Bisel. Secretary, Shar Foster joined after the Building Official's Report. No record of the meeting was taking place until after the "Building Official's Report" below, as the secretary was retrieving information which had been requested immediately before this meeting. CONSIDERATION OF MINUTES - June 11, 1986 The minutes of the June 11, 1986 meeting were approved as presented. BUILDING OFFICIAL'S REPORT Mr. Kluegel reported the action taken at the June 23 and June 9, 1986 Council meetings and updates with regard to the following issues recently brought before the P 8 Z Board (see the 6/9/86 and 6/23/86 Council minutes): Wayne Scanlon text amendment - Floyd Pudwill minor subdivision - Ulmer Construction concept plan to engineer - Letter to Metro Council regarding framework - Reminder of tour of city on July 12, 1986 Mr. Kluegel also noted the packets which each member has received including the new application forms and backup information which will be put to use for future P 8 Z issues. MUFFLER DOCTOR - CONDITIONAL USE PERMIT FOR ADVERTISING SIGN Mr. M. W. Peickert represented Muffler Doctor in their request to erect an advertising sign on Glenn Rehbein's property at Lake Drive and 77th St. Mr. Kluegel reported that the sign proposed is a steel supported sign, the distance required between this sign and the nearest sign is in accordance with the ordinance, and that this is the proper zone for such a sign. MOTION: Mr. McLean moved to recommend to Council approval of the application by Lance Olson and M. W. Peickert, dba Muffler Doctor, and Glenn Rehbein for a conditional use permit for an advertising sign at Lake Drive and 77th St., legally described as Lot 15, Auditor's Subdivision #134 based on the recommendations by the City Planner and the Building Official. Mr. Prokop seconded the motion which carried unanimously. • • • PLANNING 8 ZONING BOARD July 9, 1986 Page Two NICKELSON PLUMBING 6 HEATING - CONDITIONAL USE PERMIT FOR EXTERIOR STORAGE AND SITE AND BUILDING PLAN REVIEW Mr. Nickelson appeared before the Board representing his application to build a pole building to house an office and warehouse for his plumbing business. He explained that he does a large percentage of his business for El Rehbein 8 Son and works in or near the Lino Lakes area. In discussion, the following particulars were outlined: The building will be pole -type construction with a concrete floor. - The drive is to be blacktopped. The only signage will be for identification. A letter from the County regarding the access is still forthcoming. The City Engineer in a 6/30/86 memo and the City Planner in a 7/1/86 memo outlined several areas of concern which needed further clarification before they could recommend approval. MOTION: Mrs. Klaus moved to table the application of Bob Nickelson, 21233 Olinda Trail North, New Scandia, dated 6/6/86 until such time that the City Engineer and City Planner's concerns have been satisfied and each has had the opportunity to make a recommendation to the Board. The applicant is also asked to present his request in a clear and concise manner. Motion seconded by Mr. Cody and carried unanimously. VART_ANCE TO SETBACK - JOHN GUSE Mr. Guse appeared before the Board representing his request for a variance to the setback requirement which would allow him to build an airplane hangar with a zero setback. Mr. Guse and Mr. Kluegel explained that the hardship in this case is three -fold -- the fact that the City, as part of the upcoming 4th Avenue improvement project has taken a 17' easement from Mr. Guse's property; the fact that the lot was initially undersized; and the fact that there is a swail through Mr. Guse's property which allows for drainage of his property and properties to the west. These circumstances create a problem in meeting the required setbacks. The Board questioned the applicant as to the possibility of different layouts or setbacks other than what Mr. Guse has proposed. Mr. Guse explained why each option, in his opinion, was not feasible. MOTION: Mr. Prokop moved to recommend to Council approval of application number 86 -22 from John Guse, 399 Thomas St., • • PLANNING 6 ZONING BOARD July 9, 1986 Page Three Lino Lakes, dated 6 /5/86 for a variance to setback requirements allowing the applicant to have a 3' setback, due to the fact that the request appears to meet the stipulations of Section 5, Subd. 7 (1 - 6) as follows: (1) That the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls; (2) That the plight of the landowner is due to circumstances unique to his property not created by the landowner; (3) That the hardship is not due to economic considerations alone and when a reasonable use for the property exists under the terms of the Ordinance; (4) That granting the variance requested will not confer on the applicant any special privilege that would be denied by this Ordinance to other lands, structures, or buildings in the same district; (5) That the proposed actions will not unreasonably diminish or impair established property values within the neighborhood; (6) That the proposed actions will be in keeping with the spirit and intent of the Ordinance. Mr. McLean seconded the motion which carreid with Mr. Cody, Mrs. Klaus and Mrs. Nelson voting no. LAND RECLAMATION CONDITIONAL USE PERMIT - CUSTOM CONTRACTORS Mr. Kluegel reported that no one was in attendance to represent this application. MOTION: Mr. McLean moved to table application number 86 -23 from Custom Contractors due to the absence of the applicant. Mr. Prokop seconded the motion which carried unanimously. CONDITIONAL USE PERMIT AND SITE AND BUILDING PLAN REVIEW - WAYNE SCANLON Dr. Scanlon explained that he is presently requesting review of a site and building plan for a 45' X 90' building to house his clinic facility and dogs and cats for his veterinary clinic. He also plans to build another similar building in the very near future to house horses. In approximately three years he plans to build a third building; at which time the third building will become the clinic portion of his business and the original building will become the grooming /boarding building. (The second and third build- ings will be proposed and submitted to the P 6 Z Board at later dates.) Mr. Kluegel reminded the Board that the City Council, upon the recommendation of the P 6 Z Board, is in the process of amending the zoning ordinance to allow for this type of veterinary clinic as a conditional use in the LI district. MOTION: Mr. McLean moved to recommend to Council (subject to final approval of the zoning code amendment allowing a veterinary clinic in a LI zone), approval of application number 86 -16, dated 4/25/86, from Wayne Scanlon and Acton. 1 • PLANNING 8 ZONING BOARD July 9, 1986 Page Four Construction Company for a conditional use permit to operate a veterinary clinic. It appears that the applicants meet all the stipulations of zoning ordinance Section 5, Subd. 5 (2 A - I) as follows: (A) Will not be detrimental to or endanger the public health, safety, morals, comfort, convenience or general welfare of the neighborhood or the city; (B) Will be harmonious with the general and applicable specific plans and policies of the Comprehensive Plan of the city and this ordinance (C) Will be designed, constructed, operated, and maintained so as to be harmonious and appropriate in appearance with the existing and /or intended character of the general vicinity and will not change the essential character of that area; (D) Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems, and schools; or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use; (E) Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; (F) Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors; (G) Will have vehicular approaches to the property which are so designed as not to create traffic congestion or an interference with traffic on surrounding public thoroughfares; (G) Will not result in the destruction, loss, or damage of natural, scenic, or historic feature of major importance; (I) Will conform to specific standards of this Ordinance applicable to the particular use. The motion was seconded by Mrs. Nelson and carried unanimously. The Board then discussed the site and building plan. Mr. Johnson suggested that the plan be slightly adjusted as follows: 1) The driveway into the parking area be 24' wide rather than the 20' shown on the drawing; 2) The width of the parking area be 64' rather than the 60' shown to allow for parking stalls of 20' on both sides and a drive between the stalls of 24'; 3) The distance between the proposed building and the parking lot be 10' to allow for adequate landscaping area. (These recommendations were incorporated into the forthcoming motion.) Drainage of the area was discussed. Dr. Scanlon stated that the drainage from his proposal would run to a low area on this same parcel of property. The low area is basically where the easement is shown on the site and building plan drawing. MOTION: Mrs. Klaus moved to recommend to Council approval of the site and building plan of Wayne Scanlon and Acton.. PLANNING & ZONING BOARD July 9, 1986 Page Five Construction, application number 86 -16, dated 4/25/86 with the following conditions: 1) The landscaping plan should include deciduous trees and sod which will be mowed and maintained in the space between the road and the parking area. 2) The issue of signage and lighting will be addressed at a later time. 3) The second building (planned for the future) is not included as part of this review and will be addressed at a later time. 4) The issue of the soil and water table is to be addressed by the City Engineer. 5) The driveway into the parking area should be 24' wide; the width of the parking area should be 64' wide; the distance between the parking lot and the proposed building should be 10'. Mrs. Averbeck seconded the motion which carried unanimously. The Board took a ten - minute break at this time. BUILDING STANDARDS - ZACK JOHNSON. Mr. Johnson reported that he has returned to the Planning and Zoning Board a revision of the proposed building standards relating to commercial and light industrial zones as requested at the last meeting and stated that the City Attorney has reviewed the proposed zoning ordinance change. Mr. Johnson handed out the building standard ordinances from several other communities and stated that the proposed ordinance, as outlined in his 7/9/86 memo entitled "Building Design Standards in Commercial and Industrial Districts" is more restrictive than the others, with the exception of Bloomington which is quite similar. He stated that his experience has been that applicants usually request pole type buildings (which will be prohibited under the proposed amendment) because they feel the building is cheaper, however he has learned that the difference in heating /cooling, insurance, etc. adds up to far more than the concrete type structures, thus maintenance eats up the initial savings. The consensus of the Board was that the pole type structure does not amount to enough valuation for taxing purposes to offset the service demands created by their existence and more importantly, they do not create the atmosphere that the Board wishes to see continue in Lino Lakes. Some Boardmembers felt that since the proposed amendment would be more restrictive than the surrounding communities with whom Lino Lakes competes for business development, that the City may experience a few "dry years" until the surrounding communities "catch up ". 1 • PLANNING 8 ZONING BOARD July 9, 1986 Page Six The question arose as to whether the proposed amendment would allow the type of building that Henry James Properties (for example) has constructed along Lake Drive housing the printing shop and doctors' offices. Mr. Johnson explained that (G)1.(5)(i) of the proposed amendment states that "No building shall be constructed with a wood frame . . . ", and thus the wood frame building with brick facing such as the Henry James Properties buildings would not be allowed. MOTION: Mr. Prokop moved to recommend to Council adoption of the proposed amendment to Section 5, Subd. 4(G) as outlined in the 7/9/86 memo from the City Planner. Mr. Cody seconded the motion which carried unanimously. MOTION: Mrs. Averbeck moved to recommend that Council impose a moratorium of 120 days on building plans in commercial and light industrial districts which are not consistent with the proposed amendment. This moratorium would not affect applications which have been received prior to imposing the moratorium. Mrs. Klaus seconded the motion which carried unanimously. OLD BUSINESS Request by Justin Ray for Lighting Ordinance - Mr. Doocy asked that the City Planner collect background information on the issue of lighting as requested by Justin Ray at the last P 8 Z meeting and make a recommendation to the Board as to whether the ordinance should address the issue and if so, how. Mr. Kluegel was asked to write a letter to Mr. Ray acknoledging the request and informing Mr. Ray that the P 6 Z Board has initiated the above action. City -Wide Drainage Plan - The Board discussed the need for a city -wide drainage plan and the question arose as to whether a plan exists for the City; if so, where the plan can be located and reviewed and if not, who would be responsible to develop such a plan. MOTION: Mr. Prokop moved to request the City Council be made aware of the concern of the Planning and Zoning Board regarding the need for an overall city -wide water management plan and either furnish the Board with a copy of an existing plan or look into having a plan adopted in order to assist in future planning for development. Mr. McLean seconded the motion. Motion carried unanimously. Ary Gearman /Rice Lake Estates - Mr. Johnson reported that Mr. Gearman has not contacted the Planners' office as he was encouraged to do at the last P 6 Z meeting. • • • PLANNING 6 ZONING BOARD July 9, 1986 Page Seven NEW BUSINESS Application Review Sessions - Mr. Kluegel reported that Mr. Johnson has suggested that a planning consultant from Wuornos 8 Associates be available for 1/2 day each month to assist applicants in preparing their presentations and applications in order to assure that all submittals are in proper order before coming before this Board. The cost of such service would be collected from escrows, however would alleviate the problem of incomplete submittals and the need to table items causing the applicants unnecessary charges against their escrows. The Board supported this recommendation and asked that the Building Official, City Planner and City Administrator arrange a schedule for such service. Note to Public Works Department - Mr. McLean asked Mr. Kluegel to contact the Public Works Department and inform them that the road sign at 64th and Otter Lake Road says Otter Lake Drive and should be changed to read Otter Lake Road. Park Dedication Policy - The question again arose as to the policy for park dedication and whether the Park Board has the option of requesting land for park purposes (an action which they took recently on the Erickson plat) or whether the current ordinance has removed that option. The secretary reported that the Chairman of the Park Board requested, in order to put this issue to rest, that the Planning and Zoning Boardmembers review the current ordinance (which each member received in late April, 1986) noting that the option to request land for park purposes still exists under the current ordinance. Ghost Platting - Mr. Jo7xnson reported that he is still waiting for information before he can bring a presentation to the P 6 Board on "ghost platting" (as discussed at recent P 8 Z meeting). This presentation should be ready for the August, 1986 meeting. Tour Reminder - Chairman Doocy reminded the Board of the upcoming tour of the City by the Comp Plan Task Force - Saturday, July 12 at 8:00 a.m. Mr. Prokop moved to adjourn the meeting at 9:50 P.M. Mr. Cody seconded the motion. Aye.