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HomeMy WebLinkAbout08/08/1984 P&Z MinutesAGENDA PLANNING AND ZONING BOARD WEDNESDAY, AUGUST 8, 1984 1. Call to Order and Roll Call 2. Approval of Minutes - July 11, 1984 3. Building Officials Report 4. 7:45 Dog Kennel - Robert Johnson (Bring previous material) 5. 8:00 Rezone - Donald Wyse 6. 8:15 Rezone - George Koza 7. 8:30 Amended Conditional Use Permit - WCCO Radio 4101118. 8:45 Sign Ordinance Draft 9. 9:00 Old Business: Setting dates to discuss dog kennels, street standards, accessory buildings, street lighting 10. 9:15 New Business 11. Adjourn 0\K Planning and Zoning Board August 8, 1984 The regular meeting of the Lino Lakes Planning and Zoning Board was called ilk order by Chairman McLean at 7:35 P.M. on Wednesday, August 8, 1984. mbers present: Goldade, Prokop, Cody, Doocy, Ostlie. Members absent: Klaus. Others in attendance: Mr. Kulaszewicz, Mr. Kluegel, Mrs. Foster. MINUTES - JULY 11, 1984 Mr. Doocy moved to approve the minutes of July 11, 1984 as presented. Sec- onded by Mr. Cody. Motion carried. BUILDING OFFICIAL'S REPORT Mr. Kluegel brought the Board up to date after the July 23 Council meeting at which time the Council approved the site and building plan for Larry Grubbs' Apitz Garage; approved Mr. Cardarelli's request to construct a pond on his property; approved the amendments to transmission tower section of the ordinance; and approved the request by Planning and Zoning for a 120 -day moratorium on dog kennels and a resolution on this issue is to appear on the August 13 Council agenda. Mr. Doocy noted that on the third page, fourth paragraph of July 23 Council minutes, it is noted that the Council did not seem to understand the Plan- ning and Zoning Board's intent regarding "all off street parking area" por- tion of the "Surfacing and Drainage" section of the Parking Ordinance. Mr. Doocy felt that this item should be included as an agenda item in the future in order to clarify the ordinance and eliminate any further misunderstanding. Or . Doocy also requested that in the future could the Council minutes be prepared so as not to refer to an issue by the "item number on the agenda" (such as was done on page 4, third and fourth paragraphs, July 23 minutes). The Board was in agreement that a specific subject title should be included in the minutes so as not to cause confusion. BOB JOHNSON - CONDITIONAL USE PERMIT - DOG KENNEL This item is a continuation from the last meeting, when the Board asked Mr. Johnson to return after working out any potential problems with future nearby neighbor, Mr. Erickson. Mr. Erickson attended the last meeting and voiced some concern with Mr. Johnson's request. Mr. Johnson reported that he and Mr. Erickson met as requested by the Board. The outcome of that meeting was as follows: 1) Mr. Johnson would agree to remove the existing kennel and construct another in a location where the Johnson home would block the view of the kennel from the Erickson home at the time of Erickson home construction (Mr. Erickson did not feel: this would be necessary), 2) Mr. Johnson could rebuild the kennel in a heavily wooded area (out of view of Erickson home, but in view of other neighbors, whose view could be blocked by construction of a garage or shed which is allowed Mr. Johnson by City Ordinance), 3) If any problems were to come up within a one -year 'trial period', Mr. Johnson would agree to close his kennel completely, because he feels confident there would be no problems. 1r. Johnson asked the Board to allow him to leave the kennel as is until spring of 1985 due to the fact that he currently has an out -of -town job Planning and Zoning August 8, 1984 Page Two •fer which he is considering. Mr. Erickson spoke from the audience verifying what Mr. Johnson had reported and urging the Board to limit the number of dogs to a minimum. Mrs. Erickson still had a concern regarding the liquids being washed down into a nearby pond. In discussing the issue the Board was refreshed in the facts that 1) a Conditional Use Permit goes with the land and thus could be misused in the future by a new owner, 2) there is an annual review of conditional use permits (usually in March or April per Mr. Kulaszewicz and Mr. Kluegel) which would be a poor time for a kennel license review, 3) the Council has the right to rescind the conditional use permit. Mr. Goldade reminded the Board that in the past they had discouraged some- one in a substandard lot in a rural area to operate for commercial purpose. Mr. Prokop asked if Mr. Johnson's venture was friendly or commercial, to which Mr. Johnson answered "friendly ". Mr. Cody moved to recommend to Council approval of the conditional use permit for Robert Johnson for a dog kennel located at 1900 P1oom Court, Lino Lakes as set forth in the application for consideration. The condi- tions for such conditional use permit would be as follows: 1. Maximum of four dogs allowed, all of which are to be owned by Mr. Johnson. • 2. 3. The existing kennel be appropriately landscaped and screened. The limit of four dogs would be allowed to continue to live in kennel in existence and no construction of additional kennels would be allowed. (Editorial note: In the spring of 1985 if Mr. Johnson wishes to continue in his venture and continuance is appropriate for him in view of current job opportunities, he may again appear before this Board to reapply for a conditional use permit to allow additional construction for kennels and allowance of additional dogs.) (Editorial note: Since a condi- tional use permit goes with the land, and Mr. Johnson has the possibility of moving out -of -town, the new owner could misuse the permit.) The motion was seconded by Mr. Doocy. Mr. Ostlie moved to include in Mr. Cody's motion a reviewal of the kennel conditional use permit at approximately August 1, 1985. Mr. Prokop seconded Mr. Ostlie's motion. Mr. Ostlie's motion carried. On voting on the original motion, motion carried unanimously. Mr. Johnson explained that he currently has ten dogs on his premises and since he has no neighbors yet, and he has promised to complete training for these customers' dogs, could the Board grant him a reasonable time (preferably September 1) to finish up and remove the dogs from the premises. The Board felt that Mr. Johnson was already in violation of the ordinance, Ilkbut since he appeared in good faith, and because the Council would not meet egarding his case until August 27, he could continue until September 1 status quo. Mr. Kulaszewicz expressed his opinion that the dog kennel ordinance was weak and the Board agreed saying that they would be setting a time to Planning and Zoning Board August 8, 1984 Page Three review the ordinance at tonight's meeting. �ONALD WYSE - VARIANCE /REZONE Mr. Wyse explained that he wants to add onto his owner occupied duplex a family room of 22' X 24" because during the years he has lived there (since 1975) his children have grown and he feels his family needs the extra space. He owns 1.3 acres including the land behind his lot, which he does not intend to sell. The size of his current house is 28' X 60' and the occu- pants of the other duplex unit are a mother and a child. Mr. Wyse' neighbors (also owner occupant duplex owners) were in attendance to back up Mr. Wyse' request. One of the neighbors stated that he may be interested in doing some similar construction if the Board approves Mr. Wyse' request. Mr. McLean was concerned with a precedent being set. The Board referred to City Ordinance, which does not allow approval of Mr. Wyse' variance request and they offered alternatives such as using basement or breaking into other duplex unit, both of which were unacceptable alter- natives in Mr. Wyse' opinion. The Board explained the meaning of the ordin- ance and the fact that a variance requires a hardship of the land and what steps Mr. Wyse should take to request a rezone, and that possibly such a request would be denied. The Board wrestled with the intent of the ordin- ance and the fact that the ordinance reads " . . . provided alterations will not increase the number of dwelling units or expand the bulk of structure." OProkop moved "In view of the fact that we seem to be at an impasse and Or fact that Mr. Donald Wyse has made application for a variance for his property at 8519 4th Ave., Lino Lakes to permit him to expand his property according to the application dated 7/31/84 and in view of the fact that his land is currently zoned rural, his property is a nonconforming use, that the present structure is grandfathered in, and the present zoning ordinance Subdivision 3, Section 2 stipulates that "no structural altera- tions shall be made" and Section 9 states "Alterations may be made to a structure containing nonconforming residential units when they will improve the livability thereof, provided they will not increase the number of dwel- ling units or expand the existing bulk of structure. ", the Planning and Zoning Board requests of the City Attorney any opinion that may be appro- priate in this particular case for guidance and direction." Mr. Goldade wished to see an opinion from the City Planner as well. Mr. Kluegel presented a copy of the City Planner's opinion in the recent Apitz Garage similar situation which did not allow for approval. Mr. Cody recom- mended amending the ordinance to remove the last sentence of Subdivision 3, Section 9, and felt that there was no need to ask for opinions since the ordinance is available in black and white to the Board for interpreta- tion and guidance. Voting on Mr. Prokop's motion, all members voted nay, thus motion failed. Mr. Prokop again moved "The Board recommend to Council that the request of Mr. Wyse for a variance to add on to his property, dated 7/31/84 be denied or the reasons that the land is in a nonconforming use, specifically a rental property duplex in a rural zone with a lot size below ten acres and the zoning ordinance, Subdivision 3, Sections 2 and 9 preclude the request that Mr. Wyse has made." Mr. Cody seconded the motion. On voting on the motion, Mr. Goldade voted nay because he felt that Mr. Wyse should have the option to add onto his home just like a one - family •e11in owner. Motion carried. Planning and Zoning Board August 8, 1984 Page Four Mr. Cody suggested to Mr. Wyse that if the Council denies his request that he initiate a zoning ordinance amendment with the Planning and Zoning Board. Mr. Wyse felt that this recommendation to Council was definitely not in his favor, but he was assured that the Council would receive a complete set of minutes regarding tonight's discussion and would make their decision accordingly. GEORGE KOZA - REZONE Mr. Koza appeared before the Board in regard to a parcel of property which he bought (tax delinquent from the County) which was zoned general business when he bought it. He had planned to use the property for a business and since then, unbeknownest to Mr. Koza, the land was rezoned residential. Mr. Isaksen was in attendance also, with very similar complaint regarding his property in the same area. Neither gentleman was area of the public hearings which took place approximately one and a half years ago to change the zoning of the area in question, and neither felt it would be economically beneficial for them to build homes on the property considering the conditions of nearby properties. Both men had considerable investment in these properties and felt that, particularly because of the 9 -ton road in front (Highway 49), the area was conducive to business. 41Ik. Prokop pointed out that the options for Mr. Koza and Mr. Isaksen would : 1) the Planning and Zoning Board could table the request and the gentlemen could contact other owners in the area to petition for rezone, because rezoning only their properties would be "strip zoning" and not allowed, or 2) the Board could deny the request, Mr. Koza would lose $50 request fee and the gentlemen's request would not be considered by the Board for a one -year period. Mr. Koza and Mr. Isaksen were assured that the office staff and Mr. Kluegel would help attain the names of those owners to assist them in their endeavor. Mr. Cody moved "that the application from George Koza dated 7/26/84 for a rezone be tabled pending his consultations with other landowners in the area and resubmission within 60 days to the Planning and Zoning Board in the event he chooses to do so." Mr. Goldade seconded the motion. Motion carried. Chairman McLean called for five minute recess. Meeting reconvened at 9:30 P.M. WCCO RADIO - AMENDED CONDITIONAL USE PERMIT Mr. Henry Shepard represented WCCO in their request to erect two antennaes on their property due to the fact that in November, 1984 CBS will be phasing out the use of microwave land lines and receiving must be accomplished by satellite dishes. The request is for the addition of one fixed antenna and ne moving (rotating) antenna dish. Ilk Mr. McLean was concerned that this request would be one of "a continuing intensification problem ". Mr. Shepard explained that the original plan called for changes of this kind when necessary. Planning and Zoning Board August 8, 1984 Page Five Ilk. Ostlie moved "to recommend to Council granting of an amended conditional e permit to Midwest Communications (WCCO) to erect at 6221 Holly Drive, Lino Lakes two dish receiving antennaes, size 7 meters and 4.6 meters as further described in application dated 7/31/84." Motion seconded by Mr. Goldade. Motion carried. SIGN ORDINANCE DRAFT The Board reviewed the sign ordinance draft line -by -line and made corrections. The corrected version is attached. Mr. Prokop moved to recommend to Council approval of the sign ordinance as revised and to initiate any public hearings or publications as are germane and pertinent. Motion seconded by Mr. Doocy. Motion carried. OLD BUSINESS Scheduling of discussions for dog kennels, street standards, accessory buildings, street lighting - • Dog kennels - This item should appear on the September regular meeting agenda. Mr. Kluegel has been asked to collect information from neigh- boring communities on how they handle the issue. It was asked that this item be listed early on the agenda. Street standards - This item should appear on the October regular meeting agenda. Also to be included at that time for discussion is "General Parking Provisions ",particularly Section 8 regarding "Surfacingand Drainage" as suggested by Mr. Doocy earlier in tonight's meeting. Accessory Buildings - Because of the magnitude of interest on this subject, this item should appear on the September regular meeting agenda. Street Lighting - This item should appear on the November or December regular meeting agenda. NEW BUSINESS None. Mr. Doocy moved to adjourn at 11:00 P.M. Mr. Prokop seconded. Aye. •