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HomeMy WebLinkAbout06/13/1984 P&Z MinutesDATE: June 7, 1984 TO: All Planning & Zoning Board Members FROM: Pete Kluegel, Zoning Official SUBJECT: REGULAR PLANNING AND ZONING BOARD MEETING The regular meeting of the Lino Lakes Planning and Zoning Board will be held Wednesday, June 13, 1984 at 7:30 P.M. at City Hall. If you cannot attend, please let me know so that I can determine if there will be a quorum. Thank you. • • • W N O l0 0o V 61 In p W N O qo L0 0o 00 0o V b n CZ CD Ir .. w V. R W 1-4 O 4A W N+ iC N, b N+ O O Ui O Ui O Ui lri ti hi ti C to h O rt • Cr) rJ DN O Cr) Co b U C -. b U b ItY n Tl Sli 0 N. N. O h O sv N. sr !b by N b ti CD hi 'zs ',SL O N b W I- Q Iv rh CD 'i FS 11 N K 0 h N CD N• F1 Q N CD CD v1 CD o, I✓ CD b CL N. N. O N. b b C- rh N. Q., O Cn CA N. Q N. N. Q, ti CL b Q j N. CZ, N. N SL N. b Cl) C� b, CD rh c a, CD b m Lo rr cD o rh ...CD k. 0 Q Cr) C� I (D • R G G� C� N. o b by rt o b e m n, o 0 C b . C n O 1 h O " i N• Cr) C) Ir y I b O Pu N. O h b CD Z CD CD N. O CC $b L~ $Y.1 F-1 ti ti Di N C C rr tq 0 1--.. mh cD C n N. Q CD b O rh O C o N. cD O h C O Cn O b rh N. O 0 O N. N rh b -� �C Cn Q i' CD LC/ N. to Cn Cr) Q Cn Q N. rh by CD x1 0 C Ir k N+ sZ O h C b CL FO Q N. CI LC CD LC Crr b N• li 'ti CD R, IN N ti b LC tS by CL CL Q O CD y N. CL ti 1Z h Cn W (D O ti rh L4 b' h Cb 0 b N. N. CD Lrj CD rt N. CD b' Q N. CI) C Q En b xl Q N I✓ C h Crz N. Cyr rt 1 Cn L( rh rh rt Ci Cn N. . rt. Co 1 C-/ Co N. rh Cb N. CD CL . . k. C Et) b CL 0 SL (i , 1 CD Cn rt. 7c1 W h 0 CD I CD Q hi W hi N. 1 N• ‹ rh pi I ti us sa ;nurN Jo rroa pus aap,ro C CD • CD sz CD • Cn 0. Op PLANNING & ZONING BOARD Planning and Zoning Board June 13, 1984 he regular meeting of the Lino Lakes Planning and Zoning Board was called to order at 7:30 P.M., Wednesday, June 13, 1984 by Chairman McLean. Members present: Goldade, Ostlie, Klaus, McLean, Prokop, Doocy, Cody. Absent: none. Mr. Kluegel, Zoning Official and Bill Chapman, City Planner were also present. MINUTES - MAY 9, 1984 Mr. Prokop moved to accept the minutes of May 9, 1984 as presented. Mr. Doocy seconded the motion. Motion declared passed. BUILDING OFFICIALS REPORT The Council at their May 29, 1984 meeting set a public hearing for June 25, 1984 for Bastien Products) request for a rezone from RE to G and for Mr. Richard Halsteads) request for a kennel license. The Council approved the Conditional Use Permit request for the Henry James property to build another office building on Lake Drive. The Robert Kohl request for a Conditional Use Permit to construct an auto sales lot was approved with the stipulation recommended by the Planning Board. Mr. Kluegel noted that Mr. Marier had expressed concern that too many dog kennels were being approved. Mr. Kluegel said the Council would like a joint meeting with the Planning and Zoning Board. The Board set a tentative date of 6/26/84 at 7:30 P.M. The tentative agenda is: 1. Council direction regarding promoting development 2. Restriction of dog kennels 3. Enforcement of zoning ordinance (parking of large trucks) 4. Street standards VARIANCE, REZONE, CONDITIONAL USE PERMIT - APITZ GARAGE Mr. Karth was present to represent Mr. Grubbs, owner of Apitz Garage. This item is a continuation of the request presented at the May 9, 1984 meeting. The letter from City Engineer, John Davidson, dated 5/24/84 was reviewed. It was noted that a permit from Rice Creek Watershed District was not re- quired because the lot is less than 22 acres. A county permit for the driveway is not required because the driveway is already there. The septic permit will be issued by Mr. Kluegel in accordance with the WPC -40 standards. Mr. McLean read the letter from City Attorney, Bill Hawkins. This letter dealt with Mr. Hawkins interpretation of the zoning code in reference to the purpose of the subdivision regulations. Mr. Cody moved to recommend approval to the City Countil the application of Larry Grubbs of 733 Vicki Lane for certain property located at 525 Birch St., wherein he is requesting that the variance be granted which will provide for a lot split by metes and bounds description, in making this mo- tion, I would refer the City Council to the June 4, 1984 letter from City illAttorney, William Hawkins who feels that a variance in this particular situation which will relieve Mr. Grubbs from the restrictions of the general metes and bounds conveyance would be proper in this particular case. I would also reference the City Council to the May 24, 1984 letter from John Davidson, City Engineer, relative to his recommendations and review of the property in question in regard to utilities, in particular, Planning and Zoning Board June 13, 1984 water, sanitary sewer, storm sewer and on -site septic system which appear •to be in order. The basis for the granting of the variance in this parti- cular case would be as set forth in our ordinance regarding variances which would include that the property in question cannot be put to reasonable use under the conditions allowed under our current official controls, that the plight of Mr. Grubbs is due to circumstances unique to this property and not due to economic considerations alone, that in addition, this particular variance; the granting of such will not confer on Mr. Grubbs any special privileges denied by this ordinance to other lands or other property in this particular district, that these actions will not unreasonably diminish or impair the property values within this local neighborhood and that this particular action would be in keeping with the spirit and intent of our ordiance. I would reference the Council in regard to the legal description which will ultimately bare in this particular matter in particular one which is set forth on Certificate of Survey which is attached to the application which will satisfy Mr. Hawkins concerns relative to the property coming under one legal description. I would also reference the City Council to the April 3, 1984 letter from E. G. Rud and Sons, Inc. in particular the second legal description which will in essence describe the property which will be added to the existing property to bring this into conformity with the legal descrip- tion which is contained in the Certificate of Survey which has already been referred to. The property which is being split also includes certain prop- erty owned by Mr. Apitz in the particular regard. In addition, I would condition my recommendation to the City Council that this metes and bounds description in all respects be granted on the fact the deeds submitted by the applicant to the City Attorney, William Hawkins, prior to the time that the metes and bounds description and variances are officially recorded and IIPprior to the hearing at the City Council. Mr. Prokop second the motion. Motion declared passed. Mr. McLean asked Mr. Kluegel to be sure that all legal descriptions to the various parcels be part of the presentation to the Council. Rezone from Neighborhood Business (NB) to General Business (GB) There was discussion regarding how this parcel was zoned (NB). Mr. Karth explained that it was not the intention of the Task Force to leave Mr. Grubbs zoned NB, especially since this zone does not even contain the Conditional Use for this type of business. Mrs. Klaus felt it was the intention of the Task Force to not allow the business to expand. There was discussion as to whether or not the entire (NB) area should be rezoned or just the property owned by Mr. Grubbs. Mrs. Anderson noted that Mr. Grubbs had notified the City of his intention to expand and rezone early in 1983 and he was told to wait until after the new zoning ordinance was in place. Mr. Prokop moved that the application from Mr. Larry Grubbs of 733 Vicki Lane to have a parcel located at 525 Birch zoned General Business be recommended to the Council for a hearing and that the Planning and Zoning recommend acceptance of the application to rezone to General Business, the reasons being at the time of the development of the Lino Lakes Zoning District Map the property through an unintentional oversight was not given proper zoning • classification. The intent of the Task Force was to have the use of that property automobile repair as a Conditional Use so that control could be applied, at all times, this was not done through no fault of anyone, it was an oversight, we are attempting to rectify it at this time by going from Neighborhood Business (NB) to General Business (GB). Mr. Goldade seconded the motion. Planning and Zoning Board June 13, 1984 41Kr. McLean said this approval is just for the land owned by Mr Grubbs. Mrs. laus said this would be pure "spot zoning ". Mr. Ostlie moved to extend the GB district to the boundary of State Highway 49. There was no second for this motin. On voting on the motion, motion carried with Mr. Cody voting nay. It was decided to consider the request for a Conditional Use Permit and the Site and Building Plan review after the rezone has been finalized. AMENDED CONDITIONAL USE PERMIT, SITE AND BUILDING PLANS - Jim Spetzman This item is a continuation of the request from the May 9, 1984 meeting. Mr. Davidson, City Engineer was asked to give his recommendation and opinions and a letter was received dated May 22, 1984. City Attorney, Bill Hawkins had also submitted a letter dated June 4, 1984 stating this would indeed be a request for an Amended Conditional Use and Mr. Spetzman should comply with all the requirements of the zoning ordinance. Mr. Kluegel was asked to inform Mr. Davidson that the City has a geographical map of the entire city. Mr. Spetzman said there will be no exterior storage. The City Engineer had wspecified that the parking lot had to be surfaced. The existing driveway ill be part of the buffer. The south boundary will be 50% screened. • Mr. Cody moved to recommend to Council that the application of Mr. Jim Spetzman of 8121 Lake Drive, Lino Lakes for certain property located at 8121 Lake Drive, containing three acres and legally described as set forth on the rear page of his application for an amended Conditional Use Permit be approved that such amended Conditional Use Permit shall be conditioned on the following requirements: 1. that screening be provided in accordance with sub 16(b) dealing with buffers in a Light Industrial zone which would require that parking spots 5, 6, 7 and 22 be deleted on the site plan as provided to the Board. 2. that all parking surfaces contained on the description be of bituminous nature as set forth by Mr. Davidson in his report of May 22, 1984. 3. the existing driveway be part of the buffer in determining the screening requirements. Mr. Doocy seconded the motion. Motion declared passed. Mr. McLean said the Site and Building Plans shall follow the requirements of the ordinance. Planning and Zoning Board June 13, 1984 REZONE - Roy Stanley his is an item that was addressed at the May 9, 1984 Planning and Zoning meeting. Mr. Stanley is representing Tilson Properties who is requesting approximately 121 acreas to be rezoned from ER to R3. Bill Chapman, City Planner, reviewed his letter of June 7, 1984. At this time, there is no specific proposal as to how the land will be developed. There were several questions: 1. Will the Comprehensive Land Use Plan need to be revised? 2. Will extension of sewers to this area need Metropolitan Waste Countrol approval? 3. Will a specific proposal for using the land be required? Mr. Chapman explained - of the 121 acres it is possible that about 90 acres could be in housing and result in about 2,800 population. He felt this could be developed in phases. Mr. Cody asked if considering a rezone would be proper if there is no speci- fic proposal. Mr. Chapman said that this is where a developers agreement would be helpful. This would give the developer assurance that there would be public services when needed and give the City a handle on what will be developed in this area. (Mr. Doocy asked who prepares the developers agreement. This would be devel- oped by the City Council with the advice of the consultants. Mr. Chapman explained some items contained in a developers agreement. He also explained how the staging process could be accomplished. He felt parcels A & B could be developed first and C & D in the second phase, etc. Mr. Cody moved the application for Mr. Roy A. Stanley for a rezone from ER to R3, the property described in his application be tabled pending the meeting with the City Council to be held tentatively, Tuesday, June 26, 1984 also, that at the time this matter is brought to the Boards attention again that Site and Building Plan consistent with the requirements of Section 5, subdivision 4 be presented so that there can be a meaningful discussion on what in essence is the specific plan for that property and also consider a developer agreement. Mr. Prokop seconded the motion. Mr. Stanley said he could not provide specific plans at this time because they are not yet platting. Voting on the motion, all voted aye. Motion declared passed. VARIANCE - Dennis Christianson Mr. Christianson, of 2017 -64th St. is requesting a variance to the zoning ordinance Section4, Sub. 7C to build a building larger than 1,000 square feet. The property is zoned Rural (R). He explained he needs the larger building to house all his vehicles, equipment and other items. Planning and Zoning Board June 13, 1984 After several suggestions on how to get all his goods into the building, �Vlrs. Klaus explained why the Task Force decided to go with no more than 1,000 square feet. She also explained that a variance would not be granted unless a hardship of the land could be proved. Mrs. Klaus moved to recommend to the Council denial of the variance request from Mr. Dennis Christianson of 2017 -64th St. dated May 21, 1984 in regard to a variance from the zoning ordinance restriction on size of the building in a rural area, he would like to put up a building larger than the ordinance allows, denial based on fact that there has not been a demonstration of hardship of the land to allow the size of the building he is proposing. Mr. Doocy seconded the motion. Motion declared passed. Mr. McLean said this will go forward to the Council for their actions. AMENDED CONDITIONAL USE PERMIT - SITE AND BUILDING PLANS - WCCO, Midwest Cable and Satellite, Inc. Mr. Jim Sullivan appeared representing WCCO. He explained this is now Phase II of their original request. This request is to construct a building that was shown as proposed on the original site plan in 1982. He explained this will be precast cement building. Mr. Doocy asked Mr. Kluegel if all the terms of the 1982 Conditional Use Permit have been complied with. Mr. Kluegel said yes. SMr. Prokop moved to recommend approval of the Amended Conditional Use Permit and Site and Building Plan approval. Mr. Doocy seconded the motion. Motion declared passed. Mr. Sullivan was told that this will be forwarded to the Council for action on June 25, 1984. CONDITIONAL USE PERMIT - Nursery - Arlene Averbeck Mrs. Averbeck of 7855 Lake Drive explained they have had a state nursery license since May 1983 and will be growing and selling ground cover, woody plants and perennial plants. The property is zoned ER. She asked if the operation could be labeled "Limited Farm" as provided in the zoning ordinance. It was decided it could not be and so the alternative is a Conditional Use in the ER zone. The site plan was reviewed and there were questoins regarding the driveway, parking and proposed buildings. Mrs. Averbeck was asked to submit a more formal layout covering a year or two to include the shade house, to show dimensions and to follow the ordinance requirements. Mr. Doocy moved to table this item until the next Planning and Zoning meeting, at which time the applicant can supply the Board with better site and build- ing plans, measurements, parking sketches, landscape plans, screening, etc. • Mr. Prokop seconded the motion. Motion declared passed. Planning and Zoning Board June 13, 1984 FEASIBILITY - Homer Bruggeman Mr. Bruggeman developer of West Oaks of Bald Eagle handed out some information and a petition to install a 26 -foot wide blacktop road in his second phase of his West Oaks development instead of the required 32 -foot surface. Mr. Code asked when he will start the next phase. Mr. Bruggeman said they are presently bidding out some of the grading. Mr. McLean said he had toured the area. The Board was concerned if they allowed one developer to vary from the standards, other developers will make the same request. Mr. Chapman said a varying standard could be set based upon the number of residents on the street. Mr. Bruggeman said he would like to keep the area more rural and also keep some of the trees on the boulevard as is done in North Oaks. Mr. McLean felt if there was a change in street standards, it should be in ordinance form. Mr. Cody said he felt the Council bends over backwards to cater to developers who put in multiple low income type houses, he didn't see why they could not cater to some high class stuff. •Mr. McLean proposed that the Board look at the issue of street width at the meeting with the Council. Mr. Bruggeman presented the Board with a proposal to divide Outlot C into two equal lots. It was the concensus of the Board they would not recommend approval of this request. Mrs. Klaus moved to adjour at 12:00 midnight. Aye. •