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HomeMy WebLinkAbout05/09/1984 P&Z Minutesz C7 • Planning and Zoning Board • Call to order and roll call 00 (5) Approval of Minutes - April 11, Building Officials Report U) I N +) ^0 +->+) Ch •r•1 + E •ri •rl US I E •r-1 cd -0 [2, O r:4 Fi 0 E Q r�-I -) a N a • r N Ul w d A-) Q ^ c '.. A = U) 0 N d) U1 0 _ Ti W x W Q `� Fi ^ r-I I cd t7 cd 4) cd I r-1 ^ r T 5 � �� �o o0 ' N r I cd O r-1 %" a•- (24 0.) Ia a 0 0� '' • bA ▪ CD +� 1 r-1 4- N O bD 0- 1 0 0� � - Uo r1c)A >, U)) • -1 a "ti ^ +) ^ O .Q +> 4) C) o7j 0) O 0) a) 'x, •rl 7:1 d r•1 0 S".. r-I by U) U) CO Q O P O 'C7 O cd Cd U) U) bA OS A N 1-) a +' O N O N 0 F-1 N 4) O O O E 9-1 O 9-I Fi N F I O O cd 0 Awr:4 <:v)v)U) axax rl� r1 r-1 m z I I 1 1 1 1 W 10o 10 o 0 O 711 o r--1 Cr) 714 0 d r7 CI) -e CO 00 00 CO C 0 Z r i • N CO 411 • DATE May 2, 1984 TO All Planning and Zoning Board Members FROM Peter Kluegel, Building Official SUBJECT: Regular Planning and Zoning Board Meeting co N The regular Planning and Zoning Board meeting will be Wednesday, May 9, 1984 at 7:30 P.M. If you cannot attend, please let me know so that I can determine if there will be a quorum. Thank you. Planning & Zoning Board May 9, 1984 IIIThe regular meeting of the Lino Lakes Planning and Zoning Board was called to order at 7:30 P.M., Wednesday, May 9, 1984 by Chairman McLean. Members present: Goldade, Ostlie, Klaus, McLean, Prokop, Doocy, Cody. Mr. Kluegel, Zoning Official was also present. MINUTES - APRIL 11, 1984 Mr. Prokop moved to accept the minutes of April 11, 1984 as presented with typing errors corrected. Mr. Cody seconded the motion. The motion was declared passed with Mr. Doocy abstaining. BUILDING AND ZONING OFFICIALS REPORT Mr. Kluegel noted that at the regular Council meeting on April 23, 1984 the Council gave preliminary approval for the Norbert Weber subdivision and denied his variance request. The Council approved Mr. Jim Spetzmans' House -Move request and set a public hearing for May 14, 1984 for the Elledge and Bucholz Conditional Use Permit -Dog Kennel request and Mr. Bob Kohls Conditional Use Permit request to construct a used auto sales business on Hodgson Road. CONDITIONAL USE PERMIT - DOG KENNEL - RICHARD HALSTEAD Mr. Kluegel explained Mr. Halstead who lives at 7784 Carole Drive is apply- ",ing for a Conditional Use Permit - Kennel License to keep four dogs that he owns and trains for field trials as a hobby. His lot is one and one quarter acre and it is located in an ER zone. Mr. Ostlie asked how he would keep the noise under control? Mr. Halstead explained a noise abatement device and felt he could keep this under control. Mr. Ostlie noted he could loose the Kennel License if this became a problem. Mr. Ostlie asked how the waste was handled. Mr. Halstead said in the garbage per an approved process. Mr. Doocy asked what kind of privacy fence he is proposing to build. Mr. Halstead said it will be 6' high to shield the kennel as much as possible. Mr. Goldade asked about the size of the building that will house the dogs. He was told that it could not be larger than 120 square feet as outlined in the Zoning Ordinance. Mr. Cody moved to recommend to Council that the application for a Con- ditional Use Permit for a dog kennel by Richard P. Halstead located at 7784 Carole Drive, Lino Lakes, be approved, that the conditions of said Conditional Use Permit would include that the accessory building which he is intending to build on the premises be limited to what our Zoning Ordinance requires that being a 10' x 12' building together with the screening that Mr. Halstead has represented to us on his diagram and . orally that will accompany the construction of the dog kennel, that the Conditional Use Permit be limited to four dogs and the four specific runs that Mr. Halstead intends to build and recommend that a public hearing be set. Mr. Goldade seconded the motion. Motion declared passed. Planning & Zoning Board May 9, 1984 Page -2- FEASIBILITY REZONE - ROY STANLEY Mr. Kluegel explained that Mr. Stanley is here tonight representing Tilsen Properties who own property adjacent to 35W and is currently zoned ER. Mr. Stanley is aware of the proposal to bring municipal sewer to this area and he_ is here tonight to get the feeling of the Board regarding rezoning the Tilsen Property to R -3 which means he could build up to eight units per acre (cond's, quads, etc.) Specific building plans have not been formulated. Mr. Stanley explained that even if sewer were br- ought to this area it would not be marketable to build single family homes there because of freeway noise, the presence of the prison fac- ility and the land is somewhat wet. Mr. McLean noted this could buffer the Light Industrial zone. Mr. Ostlie explained that at the present time the City has zoned multi- family more acreage than is required for approval by Metropolitan Council. Mr. Kluegel noted that tonight the Board will be looking at a request to rezone some R -3 to General Business and this could be a trade off. This area meets all the critera needed for a multifamily zone. Mr. McLean stated this proposal looks like it has a possibility. The Planner would have to look at it. Mr. Goldade asked approximately how many units could be built on these 0 parcels. Mr. Stanley said they have never laid out any plans and did not know. The concensus was that this was a feasible proposal. AMENDED CONDITIONAL USE PERMIT - SITE AND BUILDING PLAN APPROVAL - SPETZMAN Mr. Kluegel explained that Mr. Spetzman of 8121 Lake Drive was before the Board on April 11, 1984 and was granted approval of his request to move his house to Sherwood Green. Now Mr. Spetzman is requesting a permit to construct a shop building on the foundation where his house sat. This property is zoned Light Industrial. Mr. Kluegel further explained that Mr. Spetzman is not planning any exterior storage and will surface the parking areas with bituminous blacktop. The new building will be wood frame (not pole building) and be the same earth tone colors as the house was. The driveway will be two lanes wide. After consulting the Zoning Ordinance it was decided this request requires an Amended Conditional Use Permit. Mrs. Klaus noted that there is always cars parked outside the present shop. She felt this should be screened. Mr. Spetzman felt a high fence for screening would detract from his property. He is trying to keep his operation low key and would prefer some other screening than fencing. Mrs. Klaus asked what Mr. Spetzman does with his waste. Mr. Spetzman said the waste oil is given to the City for heating the City shop and the unrepairable transmissions are trucked off the site. Planning & Zoning Board May 9, 1984 Page -3- Mr. Ostlie stated that there is a 40' buffer required in a Light Indust- rial zone. Mr. McLean asked if the driveway can be part of a buffer zone. It was not clear if it could be. Mr. Kluegel noted that the Board could recommend any stipulation regard- ing this buffer. The layout presented by Mr. Spetzman would have to be changed. Mr. McLean asked for an opinion from the City Attorney in the areas of what Mr. Spetzman's rights are as for a "grandfathering" and what the buffering requirements would be in regard to "grandfathering" and what the driveway requirements would be in regard to "grandfathering ". He would like a written statement on these issures. Mr. Cody asked for the City Attorneys opinion on "whether or not the amendment of this Con- ditional Use Permit constitutes an intensification and therefore, the Board would have leaway to go ahead and impose any requirements as they see fit. Mr. McLean asked for the attorneys opinion at least 10 days prior to the June meeting. Mrs. Klaus noted that in the Zoning Ordinance under Section 5, Sub. 4 (2) A ii, the City Engineer is to review the storm water drainage plan, sanitary sewer, water, gas, electric, etc. on all site and building plan review. Although this has not been done in the past she felt it should be done on all submissions. Mr. Prokop moved that the application of Mr. James Spetzman of 8121 Lake Drive, Lino Lakes for an Amended Conditional Use Permit to his property dated April 30, 1984 be tabled to the June meeting pending the Attorneys opinion as presented in the preceding remarks by the various members of this Board to include review by the City Engineer. Mr. Cody seconded the motion. Motion declared passed. CONDITIONAL USE PERMIT, SEPTIC SYSTEM - SITE AND BUILDING PLAN REVIEW - HENRY JAMES PROPERTY Mr. Hank Amundsen appeared to represent the Henry James Property. Mr. Amundsen explained this building will be built directly south of the professional building at 7771 Lake Drive and will be used as a profess- ional building as well. The exterior of the building will have the same appearance as the first building. Mr. Goldade asked Mr. Kluegel if everything on the first building had been completed. Mr. Kluegel said to the letter. Mrs. Klaus noted that the submission tonight has not been reviewed by the City Engineer as required by the Ordinance. Mr. Kluegel said in the • past the City Planner had performed this duty. However, the Planner did not see this plan. It was decided that this plan would be approved on condition that it be reviewed by the City Engineer before it is taken to the Council. • Planning & Zoning Board May 9, 1984 Page -4- Mr. Prokop asked if the exit met code. Mr. Amundsen explained that the bathrooms have windows designed for exits. Mr. Kluegel said the fire mar - shall will inspect this facility. Mr. Goldade moved to recommend to the Council approval of the application of Henry Amundsen dated April 30, 1984, property owner Henry James Property, 8057 Aenon Place, Lino Lakes, approval of Conditional Use Permit for the septic system and site and building plan contigent on a written opinion by the City Engineer. Mr. Doocy seconded the motion. Motion declared passed. REZONE, R -3 TO GB - BASTIEN PRODUCTS Mr. Kluegel explained that Mr. Damon of Bastien Products had appeared before this Board regarding the fact that his business is now non -con- forming and he and several of the adjoining property owners wish to rezone to GB. Mr. Kluegel has a petition signed by all the property owners south of Aqua Lane in the entire R -3 district. Mr. McLean referred to Mr. Shorts letter regarding the fact that in the Comprehensive Plan there is more R -3 and R -4 than what is anticipated is needed well past 1990. •Mr. Kluegel said that entire area requested to be rezoned is approximately 30 acres. Mr. McLean said that the Board will want to know the exact acreage. Mr. Goldade moved to recommend to Council a rezone for all the properties from Aqua Lane South to the Seaplane Base per legal descriptions on the application to General Business the reason being the petition received from all property owners in this area, the City has allowed more land than is needed before 1990 for multiple family by the Comprehensive Plan, there is existing businesses in this area and the comments of Mr. Short in his letter dated April 4, 1984. Mr. Prokop seconded the motion. Motion de- clared passed. Mr. Cody said this is the first request for a rezone under the new Zoning Ordinance and he had difficulties with what kind of precedence will be set. On voting on the motion, the motion carried with Mr. Cody voting, No. REZONE, LOT CONVEYANCE, CONDITIONAL USE PERMIT - LARRY GRUBBS, APITZ GARAGE Mr. Harvey Karth appeared to represent Mr. Grubbs. At present Mr. Grubbs is zoned NB and he is non - conforming. Orginally when this zone was set up Mr. Grubbs business was a Conditional Use in the NB zone. The Conditional Use was later deleted from the Ordinance and nothing was ever done to correct this problem. Mr. Karth referred to Mr. Shorts letter dated March 24, 1984. The Board decided to consider the Lot Conveyance first. Mr. Karth explained that currently part of Mr. Grubbs building is on the Ernst Apitz property. Therefore, they are requesting that a parcel 38' wide be taken from Mr. • Planning & Zoning Baord May 9, 1984 Page -5- Ernest Apitz property and added to Mr. Grubbs property. Also a parcel 20' wide on the east side is proposed to be taken from Mr. Aptiz and added to Mr. Grubbs property so that the present shop would meet the side yard setback. Mr. McLean said that since Mr. Aptiz's property is zoned ER, five acres need to be taken to add to Mr. Grubbs. Mr. Karth said that the original intention of the ordinance was to not allow lot splits of less tha five acres for home sites. Mr. Grubbs is only requesting enough property to make his building conforming. Mr. Prokop felt he could go along with tran§ferring some property to correct the fact that the existing build- ing is setting partially on someone elses property. Mr. Prokop then reminded the Board of the action taken regarding Mr. Harold Hansen's request to transfer less than the required acreage, the Board denied this request. For the Board to take any other position than what the ER requirements are in this particular case would seem that Mr. Hansen could come back at the Board and the Board would be setting a very dang- erous precedence. Mr. Doocy and Mrs. Klaus agreed. Mr. Karth felt this would be extremely impractical. They just want enough land to conform to set backs not to start a junk yard. There is definitely a hardship of the land in this case. Mr. Grubbs could go through adverse possession procedings of the land but he would not make the building conforming since he will only get the land the building is setting on. The Board will anot have any input into this action. It is impractical to add five acres to the Grubbs property. It will only become a junk yard. Mr. Goldade noted the application for the lot split is not signed by Mr. Apitz. Since he is still the owner of record he should sign this form. Mr. Ostlie noted that in the GB zone the set back is 35'. If this situation is going to be corrected, the correct footage should be shown on the Lot Conveyance request form. The drawing should be altered. Also a buffer is not required by ordinance but the Board could require a buffer since this will border residential property. Mr. Doocy noted that in the past this Board has dealth with situations where they deminished the non - conformity as in the Pariseau case. Mr. McLean said the question will be; can the Board approve a lot split in an ER area of less than five acres to make a lot conforming in size and to make a building conforming by providing the proper set backs. Mr. Cody stated the Board may have valid reason to split but that may not make it legal, everythibgon the plan follows the step 1, the lot split, if the lot split is not good then all the other steps are worthless. There was discussion regarding whether or not there was need of the City Attorneys opinion. Mrs. Klaus felt there was good reason to grant a • variance in this case and that was to correct a non - conforming situation. She felt she did not need an attorneys opinion. Mr. Goldade said in the true spirit of the ordinance he felt this would be moving in the right direction. • Planning and Zoning Board May 9, 1984 Page -6- Mrs. Klaus said she had reservations about the rezoning. Mrs. Klaus asked Mr. Cody why he felt this should be referred to the City Attorney. He said he does not know how much land is required to bring the lot into conformance and does not know whether or not the whole five acres situation must be conveyed or you can do this piecemeal. Mr. Cody moved the Planning and Zoning Board refer the question on the lot split variance to the City Attorney, Mr. Hawkins for an opinion as to what amount of land would be required to bring this lot split into conformance with the zoning ordinance and to direct the complete applic- ation including the rezoning, variance, the Amended Conditional Use Per- mit for the septic system and the Site & Building Plan review together with Mr. Shorts comments regarding this matter. Mr. Prokop seconded the motion. On the vote there were four (4) ayes and three (3) nays. The motion carried. Mr. Goldade instructed Mr. Kluegel to get the City Engineers review of the Site & Building Plan review. Mr. McLean asked that all the other information be in the packet. Mr. Cody asked Mr. Kluegel to put this item first on the June agenda and to allot at least ) hour to this subject. aMr. Doocy asked the applicant to be sure and redraw his plan to show the 35' rear set back instead of the 30' setback. Mr. Karth felt there was a discrepancy in the ordinance on this matter. Mr. McLean asked the City Attorney to comment on this matter as well. CLEMMENT SCHMITZ Mr.Schmidtz owns the triangle piece of property bordering on Rice Lake Estates, Lake Drive and Hodgson Road. When the present zoning ordinance was adopted his property was zoned General Bus4ness. Mr. Schmidtz feels he would have greater opportunity to sell this property if it were re- zoned to R -1. Mr. Kluegel explained that Mr. Schmidtz has been before the Planning and Zoning Board several times with various single family layouts. Mr. Schmidtz said as the property is presently zoned he has no need for municipal sewers but if it would be rezoned to R -1 he would be very in- terested in sewers. Mr. McLean asked Mr. Schmidtz if his question tonight is; would this Board think it would be feasible regarding an application for a rezone to R -1 for this piece from the GB and R -3? Mr. Schmidtz said, yes. Mr. McLean told Mr. Schmidtz after polling the members the consensus of the Board was to leave the zoning GB and R -3. The Board feels they are not being presented with the whole picture as to what is going on in the City. The Council minutes are abreivated and they are missing parts to the total picture. In the case of Mr. Schmidtz, he was asked by the City staff is he would be interested in municipal • • Planning & Zoning Board May 9, 1984 Page -7- sewers when it is brought to Rice Lake Estates. That is why be appeared tonight. Mr. Doocy feels that with an issue as volatile as the sewer issue the Planning Commission and the Council should have sat down together and said, OK this is the big picture, this is where the Council wants to go. He did not feel they were getting this kind of leadership. OLD BUSINESS Sign Ordinance - On Wednesday, May 16, 1984 Mr. McLean and Mr. Kluegel will go over the rough draft of the ordinance. After the draft is completed it will be brought back to the Planning & Zoning Board for their approval. Transmssion Towers, Ordinance Admendment - The amendment to the Zoning Ordinance deleting transmission towers from the Rural District was cont- inued for public hearing on May 14, 1984. There was a question at the first public hearing about whether or not a ham radio operator could construct a transmission tower in the Rural zone. The City Attorney had told the Council that if the particular part of the Ordinance were deleted all transmission towers both commercial and non - commercial would be del- eted. The Council wanted to know the intent of the Board. The Board said it was their intention to deleteonly commercial transmission towers from the Rural Zone. Mr. McLean said he would appear at the May 14, 1984 Council meeting to explain the Boards intention. NEW BUSINESS Mr. McLean said he is still seeing large car carriers parked on Ash Street just west of Hodgson Road. Mr. Kluegel explained sometime ago, the whole issue of parking trucks in residential zones went before the City Council. The Council had instructed him on July 25, 1983 to enforce the Ordinance only on a problem basis. Mr. McLean felt the Ordinance should be enfor- ced not on a selective basis. He asked Mr. Kluegel to bring this up to the City Administrator. Mrs. Anderson said Mr. Schumacher has brought this up to the Council. Mr. Ostlie asked if the Council has power over the Ordinance. Mr. Cody said they have the power to modify the Ordinance. Mr. Prokop moved to adjourn at 11:10 P.M. Mrs. Klaus seconded the motion. Aye.