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HomeMy WebLinkAbout07/11/1984 P&Z MinutesPLANNING AND ZONING BOARD TO: Planning and Zoning Board FROM: Peter Kluegel, Building and Zoning Official DATE: July 5, 1984 SUBJECT: PLANNING AND ZONING MEETING The regular meeting of the Planning and Zoning Board will be held at 7:30 p.m. on Wednesday, July 11, 1984. Please let me know if you cannot attend, so I can determine if a quorum will be present. PK /sf bl i7 0 -u q U) U 0 . • - a $-a N N a, '� 3 4 0 b, 00 a) '.. • '-1 ' i 'r1 a) a) a) q m S-I 'N a) ry a a ,N ,-I a) a) Rf ^I rC q 'LS a a) bi --. a a a) a) ^I . 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N >r s~ '-1 b, •r1 CO I~ Rs o O O N a) `1 O 0 a) •rI -r1 O a a (I) 1-1 a UW Ua wh U N aO) m (r) q -I-) J ri $-1 O PO Z ^I • '-1 o Ln o in 0 14n 0 0 ry 0 rl 't' O r1 cn •)■ O r-1 rn 3 -n RI al H a) 'a) U rC p4 N. co 00 0o 0o rn rn CS) o 2 rC JULY 11, WEDNESDAY, Planning and Zoning Board July 11, 1984 • The regular meeting of the Lino Lakes Planning and Zoning Board was called to order by Chairman McLean at 7:40 p.m. on July 11, 1984. In attendance were: Ostlie, Goldade, Cody, Doocy. Mrs. Klaus joined at 8:00 p.m. Mr. Prokop was absent. MINUTES - June 13, 1984 Mr. Ostlie noted that on page three, the third paragraph should read "On voting on the original motion, . . . ", to clarify the fact that Mr. Ostlie's motion to extend the GB district to the boundary of State High- way 49 was not seconded and thus, died; and that the motion voted upon was Mr. Prokop's motion in regard to acceptance of rezone application for Mr. Grubbs. Mr. Goldade moved to approve the minutes of June 13, including the change suggested by Mr. Ostlie above. Mr. Cody seconded the motion. Motion carried. BUILDING OFFICIAL'S REPORT Mr. Kluegel reported that Council approved the rezone from NB to GB in regard to the Larry Grubbs -Apitz Garage issue. This rezone is to include the property west of Apitz to Highway 49. TRANSMISSION TOWER AMENDMENT Mr. McLean asked that the agenda be adjusted to cover this agenda item and dog kennel and accessory building lot size issues at this time. In response to Mr. McLean's questioning, Mr. Schumacher reported that Mr. Kluegel has worked with the City Attorney and other cities regarding the radio tower issue which Council turned back to the Planning and Zoning Board. The Board reviewed and discussed the proposed amendment. Mr. Cody made the following motion. I move to recommend for approval from Council that the ordinance relating to transmission, radio, tele- vision and similar types of towers be accepted as set forth in the proposal with the exception of Section 1, subdivision 9, regarding height, in which the last two sentences of such paragraph, which read, "Such towers in excess of two hundred (200) feet shall be allowed only in the light industrial zoned areas upon receipt of a conditional use permit. Also see subdivision 14 of this section." be deleted. Motion seconded by Mr. Doocy. Mr. Cody amended this motion as follows: In view Jf the fact that conditional use permit methodology is referred to prior to that second to the last sentence, it would be appropriate to leave in "Also see subdivision 14 of this section ". So my motion would be to recommend that it be accepted as is with the exception of the second to the last sentence of subdivision 9 entitled "Height ", which should be deleted. Motion for amendment seconded by Mr. Doocy. Motion carried with Mr. Goldade voting no. DOG KENNELS AND ACCESSORY BUILDING LOT SIZE The Board discussed handling these issues at a work session. Planning and Zoning Board July 11, 1984 0 Mr. Cody moved that agenda item #10 (zoning amendment - dog kennels) be tabled so that this body can further pursue study, and also that agenda item #11 dealing with accessory building lot sizes, initiated by a petition signed by various City landowners be tabled pending further study by this body. Motion seconded by Mr. Ostlie. Motion carried. Mr. Schumacher suggested that because of the large number of requests for kennel licenses, a moratorium be called in regard to this issue. Mr. Cody moved that the Planning and Zoning Commission recommend to Council that Section 607 of our ordinance, particularly 607.03 dealing with the issue of conditional use permits for dog kennel licenses be subject to a 120 -day moratorium which would take effect upon Council approval of such moratorium. Motion seconded by Mr. Doocy. Carried. Mr. Kluegel was asked to arrange for a work session meeting of the Plan- ning and Zoning Board to study the dog kennel issue, the accessory building lot size issue and the sign ordinance issue. LARRY GRUBBS - CONDITIONAL USE PERMIT /SITE AND BUILDING PLAN Mr. Harvey Karth represented Mr. Grubbs in this ongoing issue. The Board questioned several specifics resulting in the following motion. Mr. Doocy moved to recommend to Council for approval a conditional use 40 permit for Larry L. Grubbs -Apitz Garage on site and building plans with the following conditions: That there be no exterior storage at the site except on the north side of the building on the eleven black- top spaces on the drawing (storage of cars only allowed in these spaces); that there be no business signs on the exterior of the building; that the applicant complete landscaping on three sides of the project, parti- cularly screening on the north side; that the driveway on the front be restricted to a 40 -foot entrance on the west side and a 20 -foot entrance on the east side, the remainder of the approximate 159 -foot entrance shown on the drawing have pylons installed to restrict entrance/ exit; that security lighting will be mounted on the outside walls all the way around the building and tipped down. The motion was seconded by Mr. Ostlie. Motion carried. VARIANCE - ROAD WIDTHS - HOMER BRUGGEMAN Mr. McLean reported that in a joint meeting between the Council and the Planning and Zoning Board the P & Z was directed to be looking into the road width issue. Mr. Bruggeman defended his reasons for the 26 -foot road width request and pointed out that two more access roads are being added to the West Oaks area and that these roads will relieve some of the internal traffic. Mr. Goldade moved to table this request until the next Planning and Zoning meeting and consider John Davidson's letter of June 28 in regard to this issue, consider the opinion of the City Planner and opinion of neighboring communities in similar requests. Motion seconded by Mr. Doocy. Motion carried. • Planning and Zoning Board July 11, 1984 Mr. Kluegel was directed to collect information on how other cities have handled road width issues of this kind. Mr. Doocy asked that Mr. Volk make a recommendation based upon the public works viewpoint. It was agreed that the City Engineer should be present when this item it brought up at the next meeting. Mr. Bruggeman had a concern that he may be out -of -town and unavailable for the next meeting of P & Z and if that were the case he was told that this item would be handled at the September meeting. Mr. Bruggeman was told that he would have to contact Mr. Kluegel at least ten (10) days in advance of the next scheduled regular meeting of the P & Z should he be unable to attend. At this time, the Chairman called a five minute recess and mentioned that a work session of the P & Z would take place two weeks from tonight at his home to work on the sign ordinance. CONDITIONAL USE PERMIT - DOG KENNEL - BOB JOHNSON Mr. Johnson spoke to the Board relating his purpose in a request for a dog kennel on his 1 acre property. He explained that he has written permission from adjacent property owners to cross and /or mow and use these properties for the purpose of training his and his customers' dogs. Per Mr. Johnson, permission has been given by Mr. Cardinal and Mr. Hansen. The request is for 12 retrievers to be kept on his property between May 1 and September 1. He said he does this as a hobby rather than as a profiting venture as a means of developing his own reputation as a trainer. He explained that the Lino Lakes area is very conducive to water retrieval training due to the geography of the land and the lakes and marshlands. He feels that his neighbors are supportive, despite an anonymous complaint of noise and that his dogs are in his control when not caged. He explained that the waste is removed and sent off with his weekly garbage pick -up and the kennels are washed down into a crude 'septic' system. Mr. Cody asked if Mr. Johnson would be willing to compromise to 6 dogs at a time - four of his own and two customers' and Mr. Johnson said he would be willing to make that compromise. Mr. Erickson from the audience spoke to the Board as a concerned land owner near the Johnson property. He felt that there is a potential problem (noise, waste, visual) and he will soon be building on these nearby lots. Mr. Johnson said he would do landscaping (screening) to help compromise or relocate the kennels in order to solve any problem of this type. He invited Mr. Erickson to come and see his kennel and the layout, etc. Mr. Cody moved to table Mr. Robert C. Johnson's application for a conditional use permit for setting up a dog kennel pending a revision of the site plan and hopefully some type of negotiation with Mr. Erickson relative to placement of prospective kennel. Seconded by Mrs. Klaus. Motion carried. • Planning and Zoning Board July 11, 1984 Someone from the audience (a future homeowner in Mr. Johnson's area) suggested that the City invite other neighbors from the area to hear ";,tty =;l and discuss the request. Mr. McLean explained that with a conditional 71>') use permit no legal notice to neighbors is required as is required in A 147 the case of a rezone, etc. ) CONDITIONAL USE PERMIT - JOHN CARDARELLI - MINING AND LAND RECLAMATION Mr. Cardarelli explained to the Board that there is an existing wild- life pond on his property which was dug about ten years ago and that he wants to add another pond to beautify the area (presently the area is a peat bog) and to increase the value of his land. He has obtained permission from the U.S. Army Corp of Engineers, Rice Creek Watershed and the Minnesota Department of Natural Resources. The fill removed from the area will be sold and hauled away to Coon Rapids. Money re- ceived from the fill will help Mr. Cardarelli pay for the pond. Mr. McLean asked if there would be a safety problem and was told that there will be a one foot drop every four feet and that the pond will be approximately six feet deep. Mr. Ostlie was concerned with how the neighbors would accept the pond (safety to children, etc.). Mr. McLean and Mr. Kluegel repeated to Mr. Cardarelli that a charge of 154 per cubic foot of removed land would be collected as escrow to assure restoration of the property. Mr. Cardarelli was aware of this, but also was concerned about a requirement of 'a letter of credit (Per Mr. Volk) for the purpose of road maintenance. Mr. Cardarelli was told that such letter of credit would be a Council issue, not a P & Z issue. Mr. Kluegel reported that the City Engineer feels a investigation of this project would be redundant since Rice Creek Watershed has already approved it. Mr. Ostlie was concerned that Mr. Cardarelli would be moving the soil to Coon Rapids rather than keeping it in the Lino Lakes area. Mr. Goldade wanted Mr. Cardarelli to be aware that a time frame would be necessary in enforcing the proposed permit. Mr. Cardarelli said the pond would be completed by the end of June, 1985. Mr. Cody made the following motion: I move that approval of the applic- ation of John Cardarelli, 8194 W. Rondeau Lake Rd, for a conditional use permit relative to excavation of certain properties for the purpose of a pond be granted. In regard to the conditional use permit, I would refer Council to subdivision 32 under Land Reclamation, in which this applicant is attempting to move material so as to alter the grade, which would require the review and approval of the Minnesota Department of Natural Resources, the U.S. Army Corp of Engineers, and the Rice Creek Watershed District. Since Mr. Cardarelli has demonstrated by his application the acceptance by these three bodies, I would recommend that the application for the conditional use permit be granted. In addition, Mr. Cardarelli is required under Section 105, entitled "Re- moval of Topsoil" to apply for a special permit. I would recommend to Council that such special permit under 1005.02 be granted, condi- tions being that the applicant either provide a grading plan or a letter from our City Engineer indicating that a grading plan is not • Planning and Zoning Board July 11, 1984 necessary in this particular project and that the applicant comply with the agreement to bonding provisions of subdivision 3 of 1005.02. In addition, as a stipulation to both permits, a requirement that the project be completed no later than June 30, 1985. Motion seconded by Mr. Goldade. Motion carried with Mr. Ostlie voting no. FEASIBILITY REZONE - V.S. PETERSON Mr. Peterson presented a plan to develop his land located on Lake Drive between the highway and the lake. He said that his attorney suggested the entire area be resurveyed since the land is Torrensed and the Torrens Certificate is very poorly written. The Board discussed the feasibility of Mr. Peterson's plan, reminding him that in an ER zone five acres is required per lot, and that pos- sibly Mr. Peterson should consider a request for a rezone. They also informed Mr. Peterson that the Shoreline Management applies to the lake front area. Some suggestions were given as to the layout of lots, etc. Because this item was a feasibility study, no action was taken. CONDITIONAL USE - ARLENE AVERBECK • Mrs. Averbeck attended the last meeting of the P & Z and was attending again after supplying the requests of the Board. Mrs. Klaus moved to recommend to Council approval of the conditional use permit of Mr. and Mrs. Averbeck, 7855 Lake Drive for a commercial greenhouse nursery operation for woody perennials, because it is a stated conditional use in an ER district and plans seem to be in order per ordinance, providing parking be paved as indicated on the plan submitted by the Averbecks. Motion seconded by Mr. Goldade. Motion carried. NEW BUSINESS Mrs. Klaus reported that Mr. Spetzman is selling used cars alongside the highway at his business location and that El Rehbein is accumulating a pile of cement blocks and other scrap material inside his fence at his business location. Mr. Kluegel said he would check out these two items and take appropriate action. Mr. Goldade asked Mr. Kluegel about the detached rural storage build- ing in the Brian Dody addition on Wood Duck Trail. Mr. Kluegel said the building is located on the property per ordinance although it appears that it is not. Mr. Doocy asked for the opinion of the Board in regard to his proposal to the Council to initiate an informal communications update dinner meeting to be held whenever there is a fifth Monday in the month (approx- imately every quarter). The Board felt this would be a positive step. • • • Planning and Zoning Board July 11, 1984 Mr. Doocy moved to recommend to Council that there be a joint dinner meeting for communications purposes whenever there is a fifth Monday in the month. Mr. Goldade seconded the motion. Motion carried. Mr. Kluegel reminded the Board that the first Council meeting in August will involve the sewer issue and that they may want to attend. Mr. Kluegel was asked to work out meeting times to work out the issues of sign ordinance, dog kennels and accessory buildings (in that order). Mr. Goldade moved to adjourn the meeting at 11:10 p.m. Seconded by Mrs. Klaus. Aye