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HomeMy WebLinkAbout03/14/1984 P&Z MinutesPLANNING AND ZONING BOARD V2 ry c ro 0 ry February 0 ^1 k (n 20 4-J U s~ 0 �1 0 0 o ro 0 H ro .01 U Building Official's ^1 N r 4J ro 1 0., H � v O ro s~ sr 0 • N N Q) U U) O Q) 0 Q) IJ Q) f., rt3 4i a a � Q) 1 � � Q) I ro N (s) I ti $ W 1 O Q) • ty g ^1 g Q) H O 3 '-1 ^1 U 0 W O N 4J -H ro Q) u a, 4,, O • 211 g 5 O 0 0 0 ro O 0 h U 2 O q U vl O vl p - 03 00 CO & Bounds E rT +J 1 0 O '-i O ty izs U -u u) N cu 'N 1J Ti (i) Q -"1 0 0 ul z 0 O rtS ro O s; 0 •ry Z O La 'Zf fYi N 0) ti O 0) U 0 1 0 -,y -I-J H b) In 1 0 O 0 a 'N Q) I it 3 •u 1 tri O O O i~ N H • q 0 '2-i 21 rtS 0 -u O >r O ^I u) a ro --4 .aJ u) N 0 U Q) • -ry 0 U O 4J u) '21 '0 'H q Q) (i) `0 0) 0 in •-1 ki a, • 1 I1 (1) ro -N W N Z co in 0 p t1 ' W 3 LtI -^ O '0 a, a) O 2 04 Kc • ■0 IN CO • DATE: March 8, 1984 TO: All Planning and Zoning Board Members FROM: Peter Kluegel, Building Official SUBJECT: Regular Planning and Zoning Board Meeting The regular Planning and Zoning Board meeting will be Wednesday, March 14, 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 March 14, 1984 The regular meeting of the Lino Lakes Planning and Zoning Board was called to order at 7:32 P.M., Wednesday, March 14, 1984 by Vice Chairman Ostlie. Members present: Goldade, Doocy, Klaus, Prokop, Ostlie. Members absent: McLean, Cody. Mr. Kluegel, Zoning Administrator was also present. MINUTES - FEBRUARY 8, 1984 Mrs. Klaus noted that on page three, first paragraph, 10th line, change the word 'ever' to 'even'. On page five under NEW BUSINESS - Neal Banta, change to NEW BUSINESS and start paragraph with Neal Banta Also the last sentence on page five should start; Transmission Towers - Mr. Prokop asked Mr. Prokop moved to adopt the minutes as corrected. Mr. Doocy seconded the motion. Motion declared passed. BUILDING OFFICIALS REPORT Mr. Kluegel informed the Board he had received a letter from Park Broad- casting asking to withdraw their application for a Conditional Use Permit for construction of a transmission tower. The scheduled March 12, 1984 public hearing was cancelled. The Rice Creek Watershed District has sent the Zoning Administrator a copy • of their changes in Administration Policies. The changes are; 1. Residential land development plans now require Rice Creek Watershed District approval only if they exceed five acres in size, 2. Commercial and Industrial land development plans require Rice Creek Watershed District approval only if they exceed two and one half acres in size, 3. Individual sewage system permits have been eliminated because most municipalities have adopted WPC - 40 standards. 4. Use or appropriation of public water permits have been eliminated because the Department of Natural Resources adequately supervises this activity. Mr. Ostlie asked if any of the Rice Creek Watershed District changes affect our new zoning ordinance, will we have to make some amendments to the ordinance? Mr. Kluegel said he would check this out. Mr. Prokop asked about Resolution 84 - 04 in the February 13, 1984 Council minutes. He felt the minutes were not complete and did not contain the entire resolution. The Clerk explained. KENNEL LICENSE - Joanne Bucholz Ms. Bucholz is planning on purchasing a lot in Arena Acres and wishes to obtain a Kennel License for three small dogs she keeps in her own home. She does not plan to build any kennel facilities. • Mr. Prokop asked about the zoning in this area and was told it is ER, however, Ms. Bucholz lot is one acre and is non conforming in size. Mrs. Klaus asked if the ordinance now limits where kennels can be placed. • Planning & Zoning Board March 14, 1984 Page -2- Mr. Kluegel said kennels were not allowed in a R -1 area but Ms. Bucholz's lot is in an ER area. Mr. Prokop asked how do you handle substandard lots in an ER area. Mr. Kluegel said he has been checking this with the City Attorney and does not have his response as yet. Mr. Prokop felt this request should be tabled until this question is answered. Mr. Ostlie asked Ms. Bucholz what her time frame was. She said that her contract is void after 30 days. She has until April 30, 1984 to complete her contract. Mr. Goldade felt that the Task Force was aware that there were many sub- standard lots in the ER area, and the Board should follow the present ordinance. Mr. Goldade moved to recommend approval of a Dog Kennel License for Joanne Bucholz with the condition that there will be no more than three dogs and there will be no outside kennels built. Mr. Ostlie asked for a second to the motion. Mrs. Klaus said she was having a hard time because of the present plan to amend the ordinance to exclude dog kennels from the substandard lots 0 in the ER area. Mr. Ostlie asked for a second to the motion two more times. No one seconded the motion and the motion died. Mr. Prokop moved to table this application until the April Planning and Zoning Board meeting and recommended that Mr. Kluegel contact the City Attorney to ascertain the status of the Kennel License proposed amendment. Mr. Goldade seconded the motion. Motion declared passed. Mr. Ostlie explained to Ms. Bucholz that the Board will have a decision at the April Planning and Zoning Board meeting. PRELIMINARY PLAT, VARIANCE - Norbert Weber Mr. Weber had appeared at the February Planning and Zoning Board meeting with a preliminary plat for the west part of his land which is to be divided intd three lots. There had been a question as to whether or not Mr. Webers own residence would be required to be sewered. This question was referred to the City Attorney for his clarification. Mr. Hawkins has written a letter to the Planning and Zoning Board stating in his opinion Mr. Webers home would have to be connected to the sanitary sewer within one year as provided by the zoning ordinance. Mr. Weber has requested a variance to exempt his home from being required IIIto connect to the sanitary sewer. He explained he felt it was economically not feasible. Mr. Winner, Engineer with Milner Carley & Assoc. explained the revised ponding area and indicated the lot sizes conform to the City code. He Planning and Zoning Board March 14, 1984 Page -3- 411 explained the drainage is at the rear of each lot and that the drainage then goes to Tomahawk Trail by way of a swall and eventually to the storm sewer at Tomahawk Trail and Tomahawk Court. Mr. Winner further explained a Rice Creek Watershed District permit will not be required because the plat is less than five acres, however, he was sure the City Engineer would require all of Rice Creek Watershed District requirements. Mr. Prokop addressed the request for a variance application. The City Attorney in his letter of February 27, 1984 stated he felt in his opinion the developer did not have the right to further reduce this non - conforming lot without a variance. He also noted that.the burden of proof to show that the criteria for granting a variance.a applicable would be on the applicant. Mr. Prokop felt that the variance application and plat app- lication should not be handled separately. Mrs. Klaus stated that a variance should deal with the hardship of the land not for economic reasons. She felt the plat could be approved if the Board would require all four lots be connected to municipal sewer. Mr. Goldade moved to recommend approval of Mr. Webers plat subject to review of drainage by the City Engineer and that the provision that all four lots be hooked to the municipal sewer. Mr. Prokop seconded the motion. Mr. Doocy asked if the applicant can run the sewer to the lots in stages. II/Mr. Winner felt that with a project this small it would be economically not feasible. Also the ordinance provides that no house will be built on an urban lot unless sanitary sewer is available. r Mrs. Klaus noted that lot 4, Mr. Webers home lot, could be subdivided. Mr. Weber said he had no intention of doing this. Mr. Ostlie noted that the motion is saying that the Board is not grant- ing a variance for an unsewered lot #4 as requested by Mr. Weber. Mr. Weber said he understood what the Board was doing. Mr. Ostlie called for the question, the motion passed unanimously. Mr. Weber was told this would be on the March 26, 1984 Council agenda. METES AND BOUNDS SUBDIVISION - Signe Miller Mr. Daryl Miller was present to represent his mother Signe Miller. Mr. Kluegel presented the subdivision map and indicated the area is zoned ER requiring five acres for a building site. Mr. Miller explained he is requesting a subdivision so that he can build a home on lot B. Lot A is Signe Miller's present home site. Mr. Miller noted that lot B is 5.25 acres and has the required frontage. He had also presented a map showing a possible future resubdivision when sanit- ary sewer becomes available. Mr. Prokop moved to recommend approval of the request of Signe Miller as stated on the application dated March 4, 1984 to split out 5.25 acres by metes and bounds. Mr. Doocy seconded the motion. Motion passed un- animiously. Planning & Zoning Board March 14, 1984 Page -4- IIIMr. Kluegel noted that the Park Dedication will be due when the building permit is issued. Mr. Miller was told his request would be forwarded to the Council for their action on March 26, 1984. A five minute recess was called at 8:45 p.m. CONDITIONAL USE PERMIT, SITE AND BUILDING PLAN REVIEW - FEASIBILITY - Robert Kohl Mr. Kohl is requesting a Conitional Use Permit and site and building plan review for a used car sales lot to be located on Hodgson Road between the Speiser Moga Garage and the Vernon Moga home. Mr. Kohl said he was here tonight to find out what further information the Board would require for approval of his plans. Mr. Kluegel noted the property is currently zoned General Business and a used car sales lot is a permitted use in this area. The Conditional Use Permit is requested because Mr. Kohl plans to install a septic system at this location. Mr. Kohl stated there will be no public repair at this location, however, if a car needs general repair before it is presented for sale this will 0 be done in the pole building. Mr. Prokop asked if there would be exterior storage. Mr. Kohl said only the cars shown for sale, possibly between ten and 20 cars. Mr.Prokop was concerned about security, vandalism, etc. Mr. Kohl said he did not want to fence the sales lot itself. He did not feel this would be a problem but if it becomes a problem it will be fenced. Mr. Prokop noted Mr. Shorts March 6, 1984 letter and said there were sev- eral items to be addressed. Mr. Ostlie listed the items; 1) zoning is proper, 2) other activities would need a conditional use permit. Mr. Kohl explained what he would be doing in the garage. He would probably need a conditional use permit for this activity. Item 3). There is a need for a topographal map. Items 2,3,4,6 and B2 need to be included in the proposal also. Mr. Goldade was concerned about Item #10, sanitary sewer. He felt the Board should have guidance from the City Engineer. Mr. Kohl stated there presently is no sanitary sewer service available at this site. Mr. Moga from the audience told the Board that he has been in his home about forty years and has never had a problem with his septic system. He also felt this type of operation did not use much water. IIIMr. Ostlie noted item #5, Design Standards. He felt that since this is an entry area into Lino Lakes the building should be attractive. Mrs. Klaus said the Board was encouraging a standard of nothing less than Village Plumbing. This is a minimium standard. • Planning and Zoning Board March 14, 1984 Page -5- Mr. Kohl said that there will be a 24 foot wide driveway and he was told to obtain a written permission statement for a driveway from the Minnesota Department of Transportation. Mrs. Klaus asked where the cars would be displayed. Mr. Kohl said only on the blacktop area an the street side of the building. Mr. Ostlie asked what Mr. Kohl planned to do with the remainder of the lot. Mr. Kohl said he planned to leave it as it is. Maybe someday he would expand. Mr. Doocy asked Mr. Kohl to submit a picture of his planned building show- ing the type of materials that will be used. Mr. Kohl said he is not planning on installing any exterior lighting and will have a sign attached to the building. He asked if he brought an attractive building plan and acceptable landscape plan would the Board be so inclinded to pass this type of building on that property. Mrs. Klaus said that unless the Board found a good reason to deny the request, a reason that would stand up in court, there would be no grounds to deny it. Mr. Prokop asked Mr. Kohl why he selected this location. Mr. Kohl said 1) he lives close to the area, 2) not depending on drive by traffic, 3) deals in wholesale and special interest cars. Mr. Ostlie asked for comments from the floor. There were none. Mr. Kohl said he would have all his materials for the April Planning and Zoning Board meeting. SITE AND BUILDING PLANS - REZONE - Bastien Products Mr. Frank Damon owner of Bastien Products appeared before the Board asking for approval of site and building plans to add a second floor office to his building and also asked to have the site rezoned back to commercial as it was when he originally purchased the land and building in 1978. Mr. Kluegel noted that the area was rezoned to R -3. Now the use is non- conforming and by ordinance Bastien Products can not expand unless they rezone to General Business. Mrs. Klaus explained to Mr. Damon the process the Board went through to prepare the new zoning ordinance and Mr. Damon should have given his in- put at that time. Mr. Damon explained why he did not appear at that time. He felt that the new ordinance does not change what is there, they have a commercial concern employing eighteen people and do not wish to move be- cause their business contacts know where they are. III Mrs. Klaus felt it would be upon Mr. Damon to prove to the Board that it would be in the Citys best interest to change the zoning back to commercial. Mr. Damon asked what are we trying to do in this community, don't we want to have the business booming, are we trying to keep people in or out, do Planning and Zoning Board March 14, 1984 Page -6- IIIwe want to keep people employed within the community? He was not really sure. If he needs to expand does he level the building and move? Mr. Damon noted that the neighbor to his south also expressed interest in rezoning to commercial and there has been some discussion of Bastien Prod- ucts purchasing this lot so that they could grow. Mrs. Klaus asked Mr. Damon what his principal business was? Mr. Damon said they warehouse automotive supplies, sand paper, paint, etc. Mrs. Klaus noted there has been a parking problem on Aqua Lane. Mrs Ostlie noted that rezoning just Bastien Products might be a quick fix. Maybe something more needs to be done. Mrs. Klaus was of the opinion that spot zoning may be illegal. Mr. Ostlie asked if adding additional office space would intensify the business. Mr. Damon said it would just give the bookkeeper more room to work, there would not be additional staff or added warehouse use. Mr. Damon said eventually he is thinking of building a retail store such as Welles Auto in Blaine. There was discussion regarding spot zoning. The Board felt they were try- ing to avoid this. Mr. Prokop asked how many other business along Lake Drive would possibly come before the Board for spot rezone if this one 410 were granted. There were several. The City Planner had not given written comment on this matter, however, Mr. Kluegel had spoken to him and he indicated rezone was the answer. Mr. Prokop asked what the feeling of the Board would be regarding rezoning the entire area (R -3) to include Surfside Seaplane Base to General Business. Mr. Kluegel noted that there is a home occupation presently on the property three lots south of Bastien Products. This business is called Teddy Bear Hollow. The owner of the lot just south of Bastien Products also has in- dicated he wished to rezone to General Business. However, Surfside would still be non - conforming if the area was rezoned. Mr. Prokop felt a business zone in this area might be a good idea. He was thinking of a planned unit development within General Business District. Mr. Goldade felt if the R -2, R -3 and R -4 areas were to develope there would be a need for a General Business District in this area anyway. Mr. Ostlie felt that the Board should get an opinion from Mr. Short regard- ing the R -3 District south of Aqua Lane being rezoned to General Business. Mrs. Klaus said she would feel inclined to go along with this idea. Mr. Doocy asked Mr. Damon to determine the size of his lot so that his parking can be confined entireley to his lot. Mr. Prokop moved to table Bastien Products request for a rezone and site and building plan approval pending input from the City Planner relative to the concerns of the Board that the entire R -3 area where Bastien Products 411 is located be rezoned from R -3 to General Business. Mr. Doocy seconded the motion. Mr. Goldade asked if the Sea Plan Base is non - conforming in the R -2 District. He was told it would be non - conforming in any district in the current city plan. Planning and Zoning Board March 14, 1984 Page -7- The motion carried unanimiously. Mr. Goldade asked if Teddy Bear Hollow is operating under a Conditional Use Permit. It was noted the business was started when the area was zoned commercial and they would be grandfathered. Mr. Prokop asked Mr. Kluegel to supply Mr. Damon with a copy of Mr. Shorts letter in reply to rezoning the entire area to General Business. Mr. Goldade asked for an entire site plan and compliance with the ordinance regarding site and building plan approval. METES AND BOUNDS CONVEYANCE - Harold Hansen Mr. Marlin Hansen appeared before the Board representing his father Harold Hansen. Mr. Hansen was before the Board on February 8, 1984 to request a parcel of property smellerthan was required by ordinance be split from Mr. Harold Han - sens property to be added to Mr. Marlen Hansens property. The Board asked Mr. Hansen to comply with the ordinance and split off at least ten acres With at least 330 feet frontage. Mr. Kluegel explained Mr. Hansen has now provided the Board with a draw- ing of a parcel of 12.17 acres bordering on the entire cul -de -sac to be 410 split from Outlot B and to be added to his (Marlin Hansen's) property. Mrs. Klaus moved to recommend approval of a metes and bounds subdivision of Harold Hansen of 2020 Otter Lake Drive per survey attached to the app - lication of January 19, 1984, the reason being the subdivision conforms to the requirement of ten acres in the zoning ordinance. Mr. Prokop se- conded the motion. Motion carried unanimously. Mr. Hansen was told this will be on the March 26, 1984 Council agenda. NEW BUSINESS Mr. Richard Kulkey - 780 -3443 Mr. Kulkey said he is presently looking at property at 405 Ash Street which contains a pole building. He is wond- ering if he can conduct his business of wire fabrication from this pole building. Mr. Kluegel noted that the property is located in the Rural District and the lot contains five acres, the pole building and a house. He also noted the ordinance does provide that in a Rural District a home occupat- ion can be conducted in the permitted accessory building providing the lot contains ten acres or more. The Board had a question as to whether the Rural District is considered a residential district. The zoning ordinance FI page 56 was referred to •and Mr. Ostlie asked for an opinion as to whether or not F(i) applies to Rural Districts. He asked for the purpose of home occupation is the Rural District considered to be also a residential district. Mr. Kttlkey answered several question regarding his business. Mr. Goldade Planning and Zoning Board March 14, 1984 Page -8- .asked if the only question here is that the lot is five acres rather than the required ten acres. What would be required, Conditional Use Permit, Variance? • • Mr. Ostlie asked Mr. Kluegel to check with the City Planner for an opinion on this matter and relate the information to Mr. Kulkey. Mrs. Klaus also asked . for an opinion on the question, in a Rural District, can an existing lot of five acres be considered as conforming for the pur- pose of home occupations in an accessory building? The Board indicated they would not be inclined to rezone this area from Rural to General Business. Mr. Kulkey was told Mr. Kluegel would contact him with this information. Mrs. Klaus - Informational Update - Mrs. Klaus said she would present her update at the next Board meeting in April. OLD BUSINESS A. Street Lighting Policy - The City Council has asked the Planning and Zoning Board to for their input in drafting a street lighting policy. Mrs. Klaus referred to an article, possibly from Business Week which does say that street lighting does reduce crime. The wording in the policy maybe should be changed. Mrs. Klaus moved to table the street lighting resolution until the April agenda. Mr. Prokop seconded the motion. Motion declared passed. B. Amendment to Zoning Ordinance - Transmission Towers - Rural District. Mr. Kluegel said he had checked with the City Attorney regarding elim- inating transmission towers from the zoning ordinance. The City Att- ornery had prepared an amendment to the zoning ordinance eliminating transmission towers from the Conditional Use section of the Rural District. Mr. Prokop moved to endorse the amendment to the existing code provision, thereby deleting 6 (K), Section 6, subd. 2 of the zoning ordinance regarding transmission towers /radio, television, etc. the reason being of the lengthly discussion and dialog the Board had with the now with- drawn application by KJJO to install a transmission tower in Lino Lakes and the information received from the FFA and others on the matter which is pretty well summarized in the minutes of the January and Feb- ruary meeting of the Planning and Zoning Board specifically items One through three of the February minutes, 1) there would be no property tax advantage, 2) it would not create an opportunity for jobs, 3) would be sacrificing land which could be more intensely used in the future and the recommendations from the FFA. The motion carried unanimously. Planning and Zoning Board March 14, 1984 Page -9- IIITransmission towers will still be a Conditiona Use in the Light Industrial Districts. Mrs. Klaus noted she had seen the strobe lighting on the tower near Big Lake. The light carries a very long way. Mr. Doocy moved to adjourn at 10:50 p m Mr. Prokop seconded the motion. Aye. •