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.
•