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HomeMy WebLinkAbout02/08/1984 P&Z MinutesFebruary 8, 1984 Call to order and roll call 4-) a v •tip o E M N O s a, •H o a CO N � U H M m +-1 m q a •� M -i I a''"' v ~ b, Ql 'z1 s•■ y. 4 0 U q O 3 0 I b� ro OOZ E-4 ? q q $-4 I es th O O o a' U I U I 4J(4 ro 1 R. W W M aFM a o a 'n aw 0 I o H 3 4..) 0 4J 0 M H "0 (_ U) U) o Z CO w N 0 0 '' � w M 0 r-I 2 a i • • • DATE: February 1, 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, February 8, 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 February 8, 1984 The regular meeting of the Lino Lakes Planning and Zoning Board was called to order at 7:30 P.M, Wednesday, February 8, 1984 by Chairman McLean. Members present: Cody, Doocy, McLean, Prokop and Ostlie. Mrs. Klaus and Mr. Goldade arrived about five minutes later. Mr. Kluegel, Zoning Administrator was also present. MINUTES - January 11, 1984 Mr. Doocy moved to approve the minutes of the January 11, 1984 meeting as presented. Seconded by Mr. Cody. Motion declared passed. CONDITIONAL USE PERMIT - WELDON HENDRICKSON Mr. McLean noted that Mr. Hendrickson will not appear tonight. This action will be delayed until the new sign ordinance is in place. Mr. Prokop moved to table the Weldon Hendrickson Conditional Use Permit for an ad- vertising sign until the new sign ordinance is completed and in place in the City Code. Mr. Ostlie asked when this would be. Mr. Prokop said hopefully this year. Mr. Doocy seconded the motion. Motion declared passed. BUILDING OFFICIALS REPORT OF COUNCIL ACTIONS Mr. Kluegel reported that on January 24, 1984 the Council approved the variance request for lot line revision for Mose Pariseau. Mrs. Klaus noted she had attended a Planning Seminar on Friday and felt it was very helpful and will have more to say about the seminar later. Mr. Doocy questioned the January 23, 1984 Council Minutes under the Engineers Report, paragraph #4, Rice Lake Estates. Mr. Kluegel reported that there had been a working session prior to the regular Council meeting where the feasibility report of Rice Lake Estates was discussed. There was a discussion about extending the trunk line from the present location near Centennial School to the Lino Lakes western border. Mr. Kluegel updated the Board as to when the hearing on the final plat of Rice Lake Estates may be held. VARIANCE - HAROLD HANSEN Mr. McLean is related to Mr. Hansen and asked that Vice - Chairman Ostlie chair the discussion regarding this variance request. Mr. Ostlie took the Chair, Mr. Kluegel pointed out the property on the map and ex- plained this is a request for a variance to split a parcel of approximately 3/4 acre off of Outlot B and add it to Marlin Hansen's lot. The area is zoned Rural and Outlot B is approximately 20+ acres. Marlin's present lot is one acre. Mrs. Klaus asked why he wishes to add the 3/4 acre to his lot. Mr. Hansen said he wanted it for a garden and increase the size of his lot. Mr. Prokop explained that ten acres are required for a lot split in this area and the Board has been holding to this requirement citing the Lindquist variance re- quist as an example. Mrs. Klaus said this does not show a hardship and felt it created a precident. • • • Planning and Zoning Board February 8, 1984 Page -2- Mr. Prokop asked if it would be possible to acquire ten acres rather than the 3/4 acre. Mr. Hansen said it could be possible but felt it was absurd. The entire area is swamp and felt it will never be buildable. Mr. Goldade felt that adding 3/4 acre will not make Mr. Marlin Hansen's property any more conforming than it presently is. Mr. Kluegel noted the City Planners letter on this matter. The Planner said the only advantage of granting this request is to make Marlin Hansen's lot less non - conforming. Mr. Hansen asked if he split out nine acres from Outlot B would he still have to come for a variance. He was told if the nine acres did not have 330 feet of frontage he would need a variance to the front footage requirement. Mrs. Klaus asked if Mr. Hansen adds this parcel to his property will Outlots A and B be land locked. Two other accesses were pointed out on the map. Mr. Prokop moved to table this variance request until such time as the question of whether nine or ten acres would be needed. Mr. Hansen and Mr. Kluegel will deal with this question and bring the decision back to the Board Mr. Goldade seconded the motion. Motion declared passed. Mr. McLean returned to Chair the remainder of the meeting. CONDITIONAL USE PERMIT - PARK BROADCASTING This item is a continuation of a request from the January 11, 1984 Planning and Zoning Board meeting. The request is for a Conditional Use Permit to construct a radio tower in a Rural Zone. Mr. Kluegel pointed out the items included in the packets to the Board members. These items include copies of the Shoreview and Arden Hills Special Use Permits dealing with towers in their cities. Also included is a letter from City Assessor, Margie Roisum dealing with land valuations. Mr. Kluegel read this letter which indicated that if a radio tower was built on the property the use of the land would change to an improved commercial lot. A value would not be placed on the tower it- self as they are treated like a utility and pay a Gross Revenue tax to the state. Estimated taxes payable on this facility to this City would be approximately $2,168. Comparable taxes on a $90,000 improved homestead would be approximately $2,092. Other items included in the Board packets are letters from the Rice Creek Watershed District, Department of Natural Resources and a revised site plan showing the tower located farther to the east of the property. There is material on strobe lighting and a letter from Steve Luck of the Minnesota Department of Transportation, Aviation Representative, Enforcement, Inspection and Safety Section Aeronautics Div. This letter and attachments indicating the tower would obstruct landing patterns at the Anoka County - Blaine Airport. It would also have an electromagnetic effect on nav- igable airspace by aircraft. The letter asks for a meeting with Mr. Fowler of Park Broadcasting to discuss the impact of the proposed construction. Mr. Bruce Hanson from Surfside Seaplane base who is president of the Minnesota Seaplane Pilots Assn. spoke to the Board regarding the hazards the proposed tower would present to his operation. He noted there is no fixed pattern for seaplane traffic but the existing tower on Birch Street is also a problem to them because it • • • Planning and Zoning Board February 8, 1984 Page -3- is poorly lighted. Mr. Dick Nolan, representing Park Broadcasting stated that because of some of the difficulties stated in the letter from the Minnesota Department of Transportation they are not confident they can build a transmission tower at this location. At this time Park Broadcasting is before this Board asking land use authorization re- cognizing it would be subject to both the FCC and FAA approval. This letter which indicates the initial FAA response is being worked on. Park Broadcasting is deal- ing with the FAA trying to find out if there is a way that technological modific- ations can be made in the tower and /or buffering which would avoid the electro- magnification problem. If there is no way of avoiding theproblem there will be no tower. The FAA will not eve consider the height issue until the electromagnetic issue is resolved. He understands that there is a procedure for obtaining a var- iance to the height limitations. This procedure requires extensive hearings before several state and federal agencies and takes a considerable amount of time. Mr. Nolan said he hoped that this Board would grant Park Broadcasting a Conditional Use Permit for land use subject to compliance with everything that the FAA requires. He also recognizes that the permit could expire before the FAA made its decision. He had reviewed the conditions listed on the Shoreview and Arden Hills Permits and felt Park Broadcasting would have no objections to these conditions. Mr. Nolan had viewed an example of tower strobe lighting at Big Lake. He felt it should have been toned down. Mr. Prokop asked if Park Broadcasting would have difficulty dealing with FAA until the City gives approval. Mr.Nolan said that Park Broadcasting does not want to go through the expense and difficulty without the assurance the City will allow the tower. Mrs. Klaus said she would like to see a district for towers. She did not like the idea of spreading towers throughout the City. Mr. Ostlie felt towers could be a public nuisance and were not aesthetically pleas- ing. He did not see a lot of positive benefit from this installation. Mr. Goldade said he also saw negative aspects of this proposal but felt it should be left to a public hearing and allow the residents to speak to the issue. Mr. Prokop said he was leaning towards theidea of establishing a zoning district for towers. He thought maybe the City Planner could find an area in the City that would be better suited to towers and that would not interfer with air traffic patterns or present other problems. Mr. Doocy felt the Planning and Zoning Board was charged with protedting the general welfare of its citizens and both Mr. Hanson and the FAA feel it will be a hazard. He was also concerned that because of the size of the property there could be several such towers located there. Mr. Cody said he was not in favor of this Conditional Use Permit and felt the Board has an obligation to deal with it and not continue to table it. His reservations are the concerns of the FAA. Mr. McLean listed his reservations: • • • f Planning and Zoning Board February 8, 1984 Page -4- 1. There would be no property tax advantage, 2. Ir would not create any opportunity for jobs, 3. Would be sacrificing land that could be more intensely used in the future, 4. The Comprehensive Land Use Plan did intend the area to remain rural. Mrs. Klaus noted that in Afton the city had denied approval of a Special Use Permit for a transmission tower in a Rural area. The City had been sued and won the case in court. Mr. Nolan added that the Afton zoning ordinance did not provide for a Conditional Use Permit for a transmission tower in a Rural area. Lino Lakes zoning ordinance dries list transmission towers as a Conditional Use in a Rural zone. The Board called a five minute recess. Mr. Cody moved to recommend to the Council as a whole the application by Park Broad- casting for the Conditional Use Permit for the FM antenna for station KJJo be at this time denied. The basis for such denial would be on the following grounds; 1) refer to the U. S. Department of Transportation, Federal Aviation Administration Aeronautical Study 83- AGL- 1918 -OE which has been provided for us specifically the opinion of the manager, Airspace, Procedures and Automation Branch, James R. Murray out of Des Plaines, Illinois that the proposed height of the structure does exceed part 77 obstruction standards and would not be up to their regulations as a acknow- ledgement of that particular exhibit I would also point out that the electromagnetic effect on navigational receivers would have substantial adverse effect on the use of the air space by aircraft particulary in regard to the Anoka County Airport. I would also like to reference their recommendations that the proponent of the partic- ular antenna relocate the proposed structure either ten nautical miles east, five to ten nautical miles north; or ten nautical miles northeast of its submitted coord- inates, 2), I would incorporate by reference into my motion the January 13, 1984 letter from Margie Roisum, City Assessor, which basically indicates that there are no tax base advantages in allowing the radio transmission tower in the Rural District; current market value is $36,400 and present tax is based on a Green Acre Value of $9,200. The tax payable in 1983 was $96.38. If the tower were placed on the prop- erty, the use would be changed to an improved commercial lot. Based on the new use and the $36,400 value, taxes payable 1984 would be $2,167.61. As a comparison, 1984 taxes on a $90,000 improved homestead property would be $2,092.06. 3). There is no appreciable economic benefit to the citizens of Lino Lakes as a whole as a result of the proposed antenna in particular any jobs or other type of thing that would bring economic advantages to our citizens. 4). I would point out the aesthetic consideration, particular of a 1,100 foot tower which would be located in a Rural district, I point out the proposed height would have some problems with sight lines and would in general be in my opinion aesthetically not pleasing. Mr. Prokop seconded the motion. Motion carried unanimously. The Board thanked Mr. Nolan for appearing tonight. Mr. Prolop asked to make a recommendation for an agenda modification that under New Business the question of zoning map modifications be brought up relative to this issue. PRELIMINARY PLAT - NORBERT WEBER Mr. Kluegel explained Mr. Weber owns approximate two acres at 552 Birch Street and wishes to plat three urban sized lots of approximately 95' x 135' on the west side of his property facing Tomahawk Trail. Mr. Larry Winner, engineer with Milner Carley • Planning and Zoning Board February 8, 1984 Page -5- Engineering was also present to help explain the request. Mr. McLean asked if Mr. Weber's present house at 552 Birch will also be severed. Mr. Weber said he did not plan to do this and felt it would not be economically feasible. Mr. McLean felt this was a question that would have to be answered by the City Attorney. There was discussion as to whether or not the buildable lot area could include easements for ponding and /or drainage. It was determined that the buildable lot size of 11,250 square feet must be exclusive of such easements. Therefore, if there is to be drainage or ponding easements the lot size will need to be increased. Mr. Winner explained that there will have to be some fill placed on lot three before a house can be built there. Mrs. Klaus noted the Park Board minutes. The Park Board had reviewed the plat and had recommended money in lieu of land. Mr. Winner noted that the area on the plat map marked "drainage easement" is not to scale, the final size of the easement will be determined by the Rice Creek Water- shed District requirements. Mr. Goldade moved to table the request by Mr. Weber of 552 Birch Street, LinoLakes, for a subdivision preliminary plat at approximately the same address pending further information on the question of grandfathering on his home lot after he splits the other three lots, the question on size of lots regarding easements for drainage, evidence that municipal sewer will be provided for the lots and approval of Rice Creek Watershed District. Mr. Prokop seconded the motion. Motion passed unanimously. Mr. McLean requested these requirements be satisfied prior to the delivery of the packets for the next meeting in March. N.W BUSINESS - NSA jJ H- Mr. Banta said he purchased a lot in Sherwood Green about a year ago. His lot is one acre. At the time he purchased the lot the old zoning ordinance was in effect and it allowed an accessory building on one acre. Since then the new zoning ordinance has been adopted and now he must have two and one half acres to build an accessory building. Mr. Banta told the Board he thought it would be much neater if a person could build an accessory building and store under cover such things as snowmobiles, camper, ATV's, etc. The Board explained to Mr. Banta the procedure and all the public hearings that were held in preparation of the new ordinance. It was the feeling of the Board when they adopted the code that especially in the Sherwood Green area there may be municipal sewer by 1990 and if the lots had additional storage buildings on them it would be difficult to subdivide the lot. The Board also explained they had not hear any other requests for such buildings. Mr. Kluegel said he had many requests. The Board suggested that Mr. Banta get together all the people he could who wanted this type of building and present a petition for an ordinance change allowing accessory buidings on one acre lots. The Board also asked for some good reasons for allowing accessory buildings. 4.9-11) SoiLt gS/ 6 o .) You) e2S Mr. Prokop asked to have a letter drafted or a resolution to raise the question of • • • Planning and Zoning Board February 8, 1984 Page -6- adjusting the zoning map and ordinance as necessary to possibly provide for an area in our City where we would have broadcast transmission towers, satellite reception towers etc. He asked that a letter be written to Mr. Short, stating this problem and ask what advice would he have to offer the Board by way of a potential resolution. Mr. Prokop moved to send a letter to Mr. Short stating the Board is interested in whether or not a zoning map adjustment to allow for a radio, t.v., satellite comm- unications receiving and broadcasting equipment be placed in a particular place in Lino Lakes. The Board would like his input. Mr. Goldade said a district ordinance did not appeal to him. He would rather put a maximum number on the amount of tower facilities that could be constructed in Lino Lakes. Mrs. Klaus suggested taking transmissions towers /radio towers out of the Conditional Uses under the Rural zoning. Mr. Prokop withdrew his motion. Mr. McLean requested that an ordinance change withdrawing transmission towers /radio and T.V. from all Conditional Uses in the zoning ordinance be placed under NEW BUSINESS for the March Board meeting. Mr. McLean noted the new form submitted by Mr. Kluegel for thing in dealing with the Planning and Zoning actions. The completed form will be forwarded to the Council with each Planning and Zoning action. Mrs. Klaus noted she had attended the Planning Seminar and Workshop the previous week. She found it very informing. Mr. McLean asked Mr. Kluegel to contact MDoT and Mr. Luck and inform him that the City has received complaints about the present tower on Birch Street. OLD BUSINESS Mrs. Klaus asked that before the Osheim variance request comes back to the Board she would like to know how long the Osheim house has been there and where its septic system is, does it abutt the townhouses systems. If they are servicing the septic systems, have they become a problem? If this is a once in a lifetime thing then maybe an easement is the way to do, if this is an on going problem, maybe the septic systems sould be moved. Granting a variance will not solve the problem. Mr. Prokop noted he had written a paragraph on the question of non - conforming use to be included in the Kennel Ordinance. Mr. McLean asked Mr. Kluegel to incorporate what was discussed at the January, 1984 Board meeting regarding licenses and fees and Mr. Prokops paragraph into G: revision of the Kennel license code. Mr. Goldade asked Mr.- Kluegel to investigate what was going on at 6891 Lake Drive. • There appears to be a body shop operation them_. This is zoned residential. Mr. Doocy moved to-adjourn at 10:45 P.m. Mr. Prokop seconded the motion. Aye.