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HomeMy WebLinkAbout04/11/1984 P&Z Minutes• Planning & Zoning Board April 11, 1984 The regular meeting of the Lino Lakes Planning and Zoning Board was called to order at 7:30 P.M., Wednesday, April 11, 1984 by Chairman McLean. Mem- bers present: Goldade, Ostlie, Klaus, Prokop and Cody. Members absent: Doocy. Mr. Kluegel, Zoning Official was also present. MINUTES - MARCH 14, 1984 Mrs. Klaus noted on page 3, 2nd paragraph, 2nd sentence, change "are app - licable" to "where applicable ". Mrs. Klaus pointed out the Board never acted on the Variance request pre- sented by Mr. Norbert Weber. It was decided to put the Variance request under Old Business tonight. Mr. Prokop moved to accept the minutes as corrected. Mrs. Klaus seconded the motion. Motion declared passed. BUILDING & ZONING OFFICIALS REPORT Mr. Kluegel noted the Council on March 26, 1984 approved Mr. Harold Hansen's request for a metes and bounds conveyance and Mrs. Signe Miller's request for a metes and bounds conveyance. The Council set a public hearing for a proposed ordinance change eliminating transmission towers from the Rural a for April 23, 1984 and also set a public hearing for Mr. Norbert Weber's preliminary plat for the same meeting. Mr. Kluegel noted that Mr. Bill Short has moved to Florida and is no longer our City Planner. The City still retains Barton Aschman and Assoc. as the City consulting planning agency. The City will be conducting a search for a replacement for Mr. Short. Mr. McLean said the Planning and Zoning Board will want to be involved in this search. Mr. Prokop noted the Council approved the preliminary plat of Rice Lake Estates without provision for a tot lot. MARKET STUDY - HARVEY KARTH Mr. Karth told the Board that Barton - Aschman & Assoc. has prepared a Market Study Report for Lino Lakes. This report was requested by the Economic Dev- elopment Committee. The study was based on the 1980 census figures and primarily tells what sort of business climate this area can support. Mr. Prokop asked who would use this report? Mr. Karth explained that because of this report two doctors, an attorney and an accountant who used the report have decided to locate in Lino Lakes and an organization who builds shopping centers are now lookking in Lino Lakes. The Economic Development Committee will use this report to encourage development of new business. illThe actual report outlines a trade area and sets out figures on what this area can support. The Board commended Mr. Karth and the Economic Development Committee for their work. • Planning & Zoning Board April 11, 1984 Page -2- CONDITIONAL USE PERMIT - KENNEL LICENSE - JOANNE BUCHOLZ Ms. Bucholz appeared before the Board on March 14, 1984 requesting a Con- ditional Use Permit for a Kennel License for a lot she is purchasing in Arena Acres where she plans to build a new house. The Board had a quest- ion regarding issuing a Kennel License on a non - conforming lot in an ER area. Mr. Hawkins, City Attorney had explained that it would be difficult to uphold the proposed change in the ordinance but did not address this particular situation. Mr. Prokop asked Mr. Kluegel, based upon the present Kennel Ordinance as it now stands would Ms. Bucholz application be an approvable application even though her lot is a non - conforming lot due to its size? Mr. Kluegel said, yes. The lot is grandfathered in since it is a lot of record. Mr. Prokop continued; the lot itself, size wise, is not up to the ER requirement, so in that sense it is a non- conforming lot. If you put a Kennel on that lot would it be a further intensification of a non - conforming use? The Clerk told the Board she had spoken to the City Administrator about this issue and he had said you have to deal with the ordinance as it now stands and the ordinance does not mention non - conforming lots as eliminated from the Kennel provisions. Ilir. Kluegel noted that in the present ordinance Kennel licenses are listed s a Conditional Use in an ER area. The Board has already granted Kennel licenses on non- conforming lots in an ER area. Mr. McLean asked if a Kennel license has already been approved in an ER area on a non - conforming lot. It was pointed out that one was approved on Elbe Street within the past few months. This is an ER area and the lot is one third of an acre. A precedence has been set. Mr. Prokop moved to recommend to Council that the petition of Joanne Bucholz dated February 24, 1984 for a Conditional Use Permit for a Kennel License to have three small house dogs to comply with the City requirements for a Kennel License over two dogs, the dogs are to be housed indoors and no outside kennels built be approved. Mrs. Klaus seconded the motion. Mr. Ostlie asked Ms. Bucholz if there would be a problem with the limit of just three dogs. Ms. Bucholz said that would not be a problem. She would not be breeding dogs. On the motion, motion declared passed. CONDITIONAL USE PERMIT - KENNEL LICENSE - HELEN ELLEDGE /LORRAINE KAMMERER Mr. Kluegel explained Mrs. Elledge is requesting a Conditional Use Permit for a Kennel License for three dogs. The property is located at 7790 Lake Drive which is zoned ER and contains two acres. Mrs. Elledge said she does 411 of plan to breed dogs and will have only the three dogs. It was noted that Mrs. Larraine Kammerer is the property owner and the app- lication should be changed to relect that this is a request by Mrs.Kammerer rather than Mrs. Elledge. • Planning & Zoning Board April 11, 1984 Page -3- Mr. Codey moved to recommend to the City Council that the application for a Conditional Use Permit by Mrs. Lorraine Kammerer at 7790 Lake Drive for a Kennel License be approved and that she will have three dogs on the premises, one being a Chesapeake Bat Retriever and two other dogs and that there will be apparently according to the diagram submitted two individual kennels on the premises. The application should be changed to read Lino Lakes not Circle Pines. Mrs. Klaus seconded the motion. Motion declared passed. CONDITIONAL USE PERMIT - SITE & BUILDING PLAN REVIEW - Bob Kohl Mr. Kluegel said that Mr. Kohl had appeared at the March 14, 1984 Planning & Zoning Board meeting to request site and building plan approval for a used car sales lot to be located on Hodgson Road directly north of the Speiser Moga Garage. There had been several questions about the City Planners letter and had tabled the request pending further information. Mr. Kohl had written a letter to the Board explaining point by point Mr. Shorts concerns. 1. Zoning - The area is zoned GB and a car sales lot is a permitted use. 2. Other Activities - A Conditional Use Permit for auto and truck repair has been added to his original request. This is intensifying the orig- inal application. • 3. Site & Building Plan - Landscape prints have been added and there is a more detailed plan of the exterior of the building. There will be brick and shutters on the building. Mr. Prokop asked Mr. Kluegel if what the Board is looking at here is commen- surable with what Mr. Short says in his letter of March 6, 1984 relative to the appearance of what Mr. Kohl proposes to do? Mr. Kluegel said, yes. Mr. Ostlie asked, on the proposed layout print what is the optional fence? Mr. Kohl explained this is on the south side of the property and was suggested by the Board at the March meeting. Mr. McLean asked what the surface of the display area would be. Mr. Kohl said blacktop that would support the weight of 1,100 lbs. per square foot to meet the City Code. Mr. Kohl said Opus II designed the landscape. The front area will be grass. Mr. Ostlie said originally the repair of used cars and trucks was going to be done as a support to the sales business. Mr. Kohl said he will not have a general repair business for the public just for repairing cars for sale on the lot. The Zoning Ordinance was checked in regard to screening so that Mr. Kohl would be aware of the requirements. •tormwater runoff was addressed and Mr. Kohl explained his plan shows the direction of the runoff. Mrs. Klaus asked about the sign. Mr. Kluegel said Mr. Kohl is proposing an identification sign on the building which will require a permit. • Planning & Zoning Board April 11, 1984 Page -4- Mr. Cody asked how many parking spaces will be available for customers? Mr. Kohl said there is six spaces. Mr. Kohl said according to the person at Opus II this would meet the Code. Mr. Prokop asked Mr. Kluegel for his thoughts. Mr. Kluegel said if Mr. Kohl follows the recommendations as outlined and follows Mr. Shorts re- commendations he felt there will be no problems with this proposal. Mr. McLean asked about lighting. Mr. Kohl said he had no plans for lighting other than the light off the building. Mr. Moga from the audience told the Board about the light at the Speiser Moga Garage and the lighting at the intersection. Mrs. Klaus moved to recommend approval of the site and building plan pre- sented to the Board by Robert Kohl for a building to be errected fox/ a used car sales business at the location of legal description of the property on the application dated February 17, 1984. It is a permitted use in the GB area and accofding to our study he has provided all the information necessary that has been requested, with the fencing as indicated on the Opus II land- scaping plan being struck as optional to make it mandatory and to include the letter from Mr. Kohl dated April 4, 1984 and Mr. Shorts recommenation in his letter of March 6, 1984. Mr. Cody seconded the motion. Motion de- clared passed. 410M r. Ostlie moved to recommend that a Conditional Use Permit be granted to Mr. Kohl for truck and auto repair and an on -site septic system for a facil- ity at the legal description referenced in the application taken out by him and that this Conditional Use Permit be granted with the understanding that it will be in support to his used car sales business rather than being the primary business and Mr. Kohl has met the requirements set forth in Sub. 5 and Subsection A -1 and that based on his compliance with these this recomm- endations is made to the Council. Mrs. Klaus seconded the motion. Motion declared passed. HOUSE MOVE -IN - KEN GOURLEY Mr. Gourley appeared before the Board to request a permit to move a house onto property he owns on 2nd Avenue. It is zoned ER and is a parcel of record containing approximate 1% acres. Mr. Gourley explained that 2nd Avenue is an accepted dedicated street and is not full width. Mr. Ostlie noted that the area is low. Mr. Gourley said the lot has been perked and borings taken. The house will be held highand set back on the lot about 180 feet. Mr. Kluegel noted that Mr. Goldade and Mr. Doocy have already seen the house. It is approximately 900 square feet and the code calls for 850 square feet for a two story house. •Mr. Goldade said the roof will need to be repaired and the stucco repaired. Mr. Gourley said that the roof will be replaced as well as the stucco. The electrical is up to code. The porch will be moved as well. Mr. Goldade and Mr. Kluegel said the condition of the building was good con- • sidering it is about forty years old. Planning & Zoning Board April 11, 1984 Page -5- Mr. McLean asked who is responsible for completing the move -in check list? Mr. Kluegel said he was and Mr. McLean said that he wanted the check list completed in the future. Mr. McLean asked about a garage. Mr. Gourley said a garage will be built. Mr. Prokop moved to recommend approval of the application by Mr. Ken Gourley dated April 4, 1984 to move a house into Aud. Sub. 151, plat 83315, parcel 1670 be approved as per the description on the application with the stipul- ations that the exterior condition be taken care of as necessary to wit stucco and roof repair /replacement. Mr. Goldade seconded the motion. Motion de- clared passed. HOUSE MOVE -IN - JIM SPETZMAN Mr. Kluegel explained Mr. Spetzman currently is located at 8121 Lake Drive where he operates a transmission repair shop. His property is zoned Light Industrial and he is now non - conforming. Mr. Spetzman is asking to move his house from 8121 Lake Drive to Sherwood Green off of 4th Avenue. The house is four years old. Mr. Goldade has looked at the lot in Sherwood Green and Mr. Spetzmans house will fit in well. 0r. Ostlie asked what will happen to the present basement on Lake Drive. Mr. Spetzman said he would like to use it at some later date for expansion. Mr. Spetzman said he may cap it. Mr. Goldade said the street in Sherwood Green is not completed. Mr. Kluegel said the street will be blacktopped this year. Mr. Volk is aware of the condition of the present blacktopped streets. Mr. Cody moved that the Planning and Zoning Board recommend to the Council that the application for moving permit by Mr. Jim Spetzman from 8121 Lake Drive to 473 Greenwood Lane be approved on the condition that the lot located at 8121 Lake Drive be restored and the basement and utilities be capped so that any hardship to Mr. Spetzman be prevented. Mr. Ostlie seconded the motion. Motion declared passed. REZONE & SITE & BUILDING PLAN APPROVAL - BASTIEN PRODUCTS Mr. Kluegel noted Mr. Damon had appeared before the Planning & Zoning Board in March to request approval of expansion plans. The site is currently zoned R -3 and Bastian Products is a non - conforming use in this zone. The Board felt approvel of site and building plans would be intensification of a non- conforming use and felt possibly rezoning was a proper approach. The Board had requested comments from Mr. Short regarding rezoning some of the area south of Aqua Lane to General Business. Mr. Short had responded to the Board and had felt possibly five to ten acres should be rezoned General Bus - iness with the idea of avoiding spot rezoning. Mr. Goldade felt the residents in this area should present a written request for a rezone. • Planning & Zoning Board April 11, 1984 Page -6- Mr. Prokop felt more than five to ten acres should be rezoned. Mr. Damon said he presently owns one acre andhas a purchase agreement:rnifh the landowner to the south who owns 6 /10ths of an acre. He noted that all the property owners to the south are at the meeting tonight and would like to rezone to General Business. Mrs. Klaus spoke regarding the illegality of spot zoning. At the Planning & Zoning Seminar this winter she learned that spot zoning is illegal. Mr. Cody said there is some comment in judicial decisions, not by statute. The City council would have a hard time upholding a spot rezone. Mr. Damon withdrew his request for a rezone so that all the landowners in that area can get together and present one petition for a rezone to General Business with a minimum of five to ten acres. OLD BUSINESS A. Street Lighting - The Council is asking the Board to develope a street lighting policy for the present community. Mr. McLean asked Mr. Kluegel to put this on the May agenda. B. Norbert Weber Variance - Mr. Prokop moved to recommend denial of the var- iance for an on -site sewer system for lot four of the 410 Weber proposed subdivision because this would intensify a non - conforming lot. Mr. Goldade seconded the motion. Motion declared passed. C. Planning Conference - The cost of this Conference is $250.00 per person. The Board was told there is not sufficient money budget for this conference. D. Chomonix Park - Mr. McLean said Mr. David Torkildson and Mrs. Langfeld will be at the April 23, 1984 City Council meeting to explain the improvements to be made in this park. Mr. McLean gave a short summary of the improvements. He _ noted that the main entry to the park will be through Aqua Lane. Mr. Prokop noted that in the zoning ordinance a public building in the Rural zone is by Conditional Use. Why was there not a Conditional Use Permit obtained for the expansion of City Hall? Mr. McLean asked Mr. Kluegel to talk to Mr. Schumacher and check into the legality of the City Hall expansion. Mr. McLean said the City should take some action to clear the status of the land and keep their act clean. E. Sign Ordinance - What are the feelings of the Board? 1. Do you want more or less signs in the city? 2. Do you want them bigger or smaller? 411 3. Do you want them closer together or further apart? 4. Lighted or not? 5. More or less control? A working session on the Sign Ordinance was set for April 25, 1984 from 7:00 • to 9:00 P.M. Planning & Zoning Board April 11, 1984 Page -7- Mrs. Klaus told the Board about the workshop she attended February 3, 1984 and brought some material to be copied and sehtto all the members of the Board: - Municipal & Township Planning Legislation - Statutory Procedures & Constraints, Zoning Ordinance Amendment in Mn. - Zoning Principles and Definitions - You and Rural Zoning (parts 1 & 2) Mr. Cody asked that a letter be written to Mr. Short expressing this Boards gratitude for his assistance and wishing him success in his new endeavors. Mr. McLean asked that the letter emphasize that he was a good friend. Mrs. Culbertson of 8019 Elbe Street was in the audience and asked about the present proposal to amend the Kennel Ordinance particularly the comment in Mr. Hawkins letter, last paragraph. Mrs. Klaus asked Mrs. Culbertson to state her feelings regarding phasing out Kennels in an ER area on sub - standared lots. She said she would be very upset to have to give up her dogs since she has already conformed with the ordinance and obtained a Kennel license. III • Mr. Ostlie asked about the situation on Highway 49, the Ford property. This is a real nuisance. Mr. Kluegel said that Mr. Ford will be shortly turned over to the City Attorney. Mr. Ostlie felt the City has an obligation to the rest of the community to see this is cleaned up. The Clerk also noted the City Attorney is presently revising the nuisance ordinance and maybe this will be of some help. Mrs. Klaus moved to adjourn at 10:45 P.M. Mr. Brokop seconded the motion. Motion declared passed.