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.
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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.
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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.
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