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HomeMy WebLinkAbout06/08/1983 P&Z MinutesIVY Planning and Zoning Board eierAo June 8, 1983 . The regular meeting of the Lino Lakes Planning and Zoning Board was called to order at 7:35 P.M. Wednesday, June 8, 1983 by Chairman Prokop. Members present: Mr. McLean, Prokop, Goldade, Doocy and Mrs. Klaus. Members absent: Johnson, Ostlie. City Planner, Bill Short and City Zoning Official Peter Kluegel were also present. MINUTES Mr. Doocy moved to approve the minutes of the May 11, 1983 Planning and Zoning Board meet- ing as presented. Mr. McLean seconded the motion. Motion declared passed. Mr. Prokop said he would like to revise the order of the agenda because the first item, Rice Lake Estates is very lengthly. He asked if Mr. Bernier and Mr. Volk, the last agenda items were in the audience, both were and Mr. Prokop then began with the Bernier variance request. VARIANCE - BERNIER Mr. James Bernier appeared before the Board to request a variance to the moratorum and a variance to 1005.06, Subd. (2)B of the Zoning Ordinance regarding required front footage. Mr. Bernier explained the property is owned by his mother and he wishes to purchase 10 + acres with a 165' frontage. The reason he wanted the variance is because if he were to acquire the required 330' frontage he would split his mothers farmstead and he would get the barn, silor and z of the machine shed from his mother. He also felt that his family (brothers and sisters) would not go along with this type of division. •r. McLean explained the reason for the 330' frontage requirement in the ordinance and did not feel this would cause a hardship of the land, only a hardship with the family. It was suggested that Mr. Bernier acquire the full 330' frontage and give his mother an easement to the barn and silo. Mr. Bernier felt this probably would not be satisfactory with his family. Mr. McLean moved that the application for a variance to Ordinance #85 be tabled for 30 days affording the opportunity to look at alternatives to the application. Mr. Doocy seconded the motion. Mrs. Klaus asked if Mr. Bernier met the required frontage will he have to return to the Planning and Zoning Board. It was determinted that the moratorum should have expired by the next Planning and Zoning Board meeting and Mr. Bernier would not have to return for a variance to the moratorum. On the table motion, motion declared passed. VARIANCE - VOLK Mr. Volk explained he is requesting a variance to the moratorum so that he can deed .4 (four tenths) acre to his neighbor so the neighbor can add on to his garage. Presently the neighbor has a single car garage and it is about 10' from the property line. The lots owned by Mr. Volk and his neighbor, Mr. Pebbles were identified on the map. Both 4111ots are in the Sunset Oaks subdivision. Mr. Prokop noted that Outlot K is platted for a future street and Mr. Pebbles said his house would be directly in the path of a future extension of outlot K for a street. It would be impossible to extend outlot K to Sunset Avenue. • Planning and Zoning Board June 8, 1983 Page -2- Mr. McLean explained the original concept for splitting the lots in this area when munic- ipal sewer is available. He felt it was unfortunate that new homes were not placed prop- erly so these lots could have been split as planned. Mr. Prokop felt that there is still the possibility of lot splits when sewer is available in this area and this Board should not grant a variance and jeopardize the possibility of lot splits. Mrs. Klaus moved to recommend that the application for a variance for Mr. Gary Volk to split part of his property be denied on the grounds it does not conform to the Comprehensive Land Use Plan and the Zoning Ordinance that is being put into effect. Mr. Doocy seconded the motion. Motion declared passed. A five minute break was taken at 8:25 P.M. COMPREHENSIVE PLAN AMENTDMENTS, CENTERVILLE AND SHOREVIEW Both the City of Centerville and Shoreview have requested revision of their Comprehensive Plans and Mr. Short had presented the Board with a review of the proposals of each City and felt that there will be no impact on Lino Lakes from these changes. Mr. Short explained that Centerville wishes to include a 20 acre parcel near the Lino Lakes border in Centervilles sewer district so that a manufactured home subdivision can be built. ,he Shoreview Comprehensive Plan change is regarding County Road J (Ash Street). The change s in the access to County Road J, all lots south of County Road J will front on a City street not on County Road J. Mr. Short felt that this is the type of planning Lino Lakes should be involved in, limiting the access to minor arterial roadways. The next preliminary plat to be considered tonight is an example of this sort of planning. Mr. McLean moved to recommend to the Council that we approve the proposed Comprehensive Plan amendments presented for the cities of Centerville and Shoreview. Mr. Doocy seconded the motion. Motion declared passed. REZONE AND PRELIMINARY PLAT - RICE LAKE ESTATES Mr. Zack Johnson representing Mr. Donald Spagneski appeared before the Board and asked that the rezone request be considered before the preliminary plat request. The entire proposal is essentially the same as presented in April. There will be approximately 42 - 422 acres of single family homesite, about oneacre for neighborhood business and approximately 10 acres of park or open space. The basic difference is the lot sizes and widths now conform to the Lino Lakes proposed zoning ordinance requirements. Mr. Johnson stated the request for rezone is from R -3 to R -7 and from R -3 to (NB) Neighbor- hood Business. The land use concept is exactly the same as presented in April. This pre- liminary plat is slightly different. Mr. Short presented his review of the rezoning request. This request will probably result in less density than R -3 and he described the land use of the surrounding property. The 41, roposed access to Hodgson Road is respecting the minor arterial roadway, only two accesses o Hodgson Road. Regarding parks and playgound, Baldwin Pard (10 acres) in Circle Pines is adjacent to the proposed subdivision and what is recommended in the Comprehensive Plan is that the two cities of Circel Pines and Lino Lakes work together to develop this park not duplicate the facilities. He feels that walkways should be provided for access to this park. He was not sure what arrangement should or could be made; with Circle Pines for use Planning and Zoning Board June 8, 1983 Page -3- of this park. It has been done in other communities and is something that should be in- vestigated. Mr. Doocy asked at what point in time does a developer investigate the installation of utilities? Mr. Johnson said he has talked to Circle Pines about utilities.and they have indicated cooperation. However, they cannot agive any concrete answers until they see an approved preliminary plat indicating the number of lots to determine the amount of utilities required for the subdivision. Mr. Short reviewed the plat relative to the public utilities extension. He explained the plan is to extend the Metropolitan Sewer east on North Road from Sunset Avenue to this sub- division. Circle Pines has been contacted regarding municipal water. Mr. McLean asked when Mr. Davidson, City Engineer would have his comments prepared? Mr. Davidson will have to be contacted. Mr. Short said this preliminary plat will have to have reviewal and approval by the Rice Creek WatershedDistrict, DNR, Corp of Army Engineers, PCA as well as others. Mr. Johnson said that these agencies will not even look at this plat until it has preliminary approval of the City Council. Mr. Short continued withhis review. In regard to the housing policy plan, this subdivision meets some of the goals set in the housing policy. Oegarding the (NB) Neighborhood Business rezone request, Mr. Short read from the ordinance the purpose of this district. He felt this proposal meets the requirements of this district. Mr. Doocy moved to recommend rezoning the property described in the rezone application re- quest dated June 2, 1983 by Donald Spagenski from R -3 to R -7 as it is consistant with the Comprehensive Plan and that the Council set a public hearing for the rezoning. Mrs. Klaus seconded the motion. Motion declared passed. Mrs. Klaus moved to recommend rezoning the property described in the rezone application request dated June 2, 1983 by Donald Spaganski from R -3 to (NB) Neighborhood Business see- ing that the other part of the property is residential and this (NB) Neighborhood Business district would service that community and according to the review of the City Planner it seems to generally fit the intent of what a (NB) Neighborhood Business district is and that the Council set a public hearing. Mr. Goldade seconded the motion. Motion declared passed. Mr. Johnson updated the preliminary plat. The lot size and width now conforms to the 9,000 square feet and 70 foot width requirement and there are 106 lots. Mr. Short presented his review of the preliminary plat. The first item was in regard to the Cities restrictive soils procedure. This site has a number of types of soils and a great deal of this site has soils problems. The developer will be required to identify the soils problems and what they will do to overcome the problems. Mr. Doocy asked if the new owner will be aware of the soils problem? Mr. Len Caswel of Consulting Engineers Diversified explained the lots will be- tilled and the soil restrictions will be rectified prior to sale of the home. He noted that watershed districts require when placing a structure or dwelling near a flood plain is to place the lower most floor at a minimum of 2' above the flood elevation. Not only will lots be filled but there will be ponding as required by the watershed district. Mr. Short said DNR, Corp of Engineers and Rice Creek Watershed District will all have an input. Planning and Zoning Board June 8, 1983 • Page -4- Mr. Doocy asked again how the homeowner will know if his house is built on restrictive soils or in a flood plain? Mr. Short explained that the builder will have to obtain a restrictive soils permit not to protect the homeowner after the house is built but to make sure the home is built properly so there will be no problems. Mr. Caswel stated that this soil problem is required to be noted on the plat. Also the developers plan to use FHA and VA financing and they are thorough in investigating this problem. Mr. Short continued his review. - submission requirements. Some information not provided: grading and utilites plan. Regarding street names, this was discussed; post office, fire department, police department and others will have to be notified. In regard to utilities, storm water run off and grading; the City Engineer will have to review these plans and provide the Board with his review. Regarding street layout: Mr. Short felt the westerly street layout could be revised. The alternative is a long cul -de -sac which would require a variance. There is the question as to whether this street could be extended into the Schmidt property to the north. The prop- erty owners are trying to contact Mr. Schmidt to see what his ideas are. Mr. Short also recommended the street system be submitted to the Minnesota Department of Transportation for their review.'. Mr. McLean questioned the open area between some lots designated as Park #2. It was sugg- ested that the lot lines meet and an easement over the back of the lots be dedicated for drainage purposes. egarding walkways - two are provided leading to the Anoka County Open Space. Mr. Short suggested that similar walkways be dedicated for access to Baldwin Park. Lot and yard requirements - This plan satisfied the 70' minimum lot width requirement and 9,000 square foot minimum lot size. It also provides an additional 10' of lot width on corner lots. Mr. Short felt the zoning ordinance shoul4requirelan additional width of 10' on corner lots. This could be done administratively. All lots abutting Hodgson Road provide additional buffer footage as required by ordinance. There was discussion on what would be proper buffer screening. There are a number of lots that will need a lot of fill. DNR, Rice Creek Watershed District, Corp of Engineers, Etc. will all be involved with improving these lots. Park Land Dedication Requirement- Mr. Short recommended arranging a plan with Circle Pines for use of Baldwin Park. Mr. Prokop felt there should be tot lot facilities. Mr. Johnson felt the extra lot depth provided for play space for at home facilities and a tot lot was not necessary. The Park Board had concurred with Mr. Johnson in their review of the pre- liminary plat. Mr. McLean had agreed with Mt, Prokop. Mrs. Klaus had suggested some manner of providing tot lots even though the Park Board will not agree. SScreening and Buffer Requirements - The landscape plan has not yet been prepared but will include detail on buffer or screening. Building Standards - Building design standards are established in the zoning ordinance. Planning and Zoning Board June 8, 1983 Page -5- •Landscape Plans - The ordinance requires that each individual homesite is to be sodded or seeded and at least one shade tree of a minimum of 2" calipur shall be placed on each lot. Exterior Storage - There was discussion regarding alot that could be used to store items such as boats, trailers, etc. There are no plans for this type of storage. This concluded Mr. Shorts presentation. Mr. Johnson said he sees no problems with anything presented tonight and would like to see a tenative approval of a preliminary plat so that they can proceed to go to DNR, Watershed District, etc. Mr. McLean felt there should be input from the City Engineer before any approval. Mr. McLean moved to table the preliminay plat of Rice Lake Estates until such time as the City Engineer has provided his review to us concerning the preliminary plat submission. Mr. Doocy seconded the motion. Mr. Doocy asked the developer to also handle some of the problems they have brought up so that when they meet again they not only have the Engineers letter but also a revised pre- liminary plat with revised street layout, pedestrian walkways, concern about soil limitations, park land dedication, landscaping, etc. Mr. Doocy asked these comments be added to Mr. McLeans motion. Mr. McLean accepted the addition. Motion declared passed. Mr. Doocy asked the Clerk to send a copy of the minutes to Mr. Johnson. TIME LIMIT ON BUILDING PERMITS ORDINANCE r. Kluegel presented a draft of an ordinance that would put time limits on certain port- ions of a building permit. This matter had been discussed during the May Planning and Zoning Board meeting. Mr. McLean questions section B, "shall expire by limitation." Mr. Kluegel was not sure why this wording,it had been part of the sample ordinance he had used. Mr. McLean felt such language was not necessary. Mr. Prokop asked what happens to this particular ordinance. Mr. Kluegel explained it becomes part of the City Code. Mrs. Klaus asked what happens when an ordinance is not obeyed. Mr. Kluegel explained there is a section of the City Code that provides for a penalty for disobeying City Code. Mr. Prokop asked if there was anything in this code that covers destruction by act of God and the building cannot be completed as required by this new ordinance. Mr. Kluegel said there is nothing in the code pertaining to this situation and felt it would be a "judgement call" on his part. It was decided that this should be the building inspectors judgement. Mr. McLean moved that the submission for Time Limits on Building Permits be forwarded to Mr. Hawkins to be formalized into an ordinance with legal wording and that item B have the words "by limitation and become null and void" deleted. Upon Mr. Hawkins completing the review of the ordinance the ordinance should be submitted to the Council for approval. Mr. Doocy seconded the motion. Motion declared passed. •LD BUSINESS None • Planning and Zoning Board June 8, 1983 Page -6- NEW BUSINESS Mr. Prokop referred to the May 9, 1983 Council minutes regarding extending Reiling Road. He questioned if this item should be presented to the Planning and Zoning Board. Mrs. Anderson said that the gentleman requesting the extension has been in to see the City Administrator and will be appearing before the Council with a proposal to complete a portion of Reiling Road. She noted streets have been extended or completed as platted before in the City and the matter just went before Council. Mr. Prokop felt that since there is no development in the area of this Road it should come before the Planning and Zoning Board especially if only a part of the road will be completed. There was general discussion regarding other streets in the City completed without going before Planning and Zoning. Mr. Prokop said he would check with the City office on this matter. Mr. McLean asked about the Wegan property. He felt the new house was real close to the water and asked if there were any requirements regarding minimum set back from water. Mr. Kluegel explained the only requirement is from the DNR which states wetlands cannot be filled and the basement floor is higher than the water. There are no other restrictions. Other restrictions refer to lakes only, this is not a lake. Mrs. Klaus inquired about the storage area between Lino Ventures and Rite -Way Waterproofing that is filling up with cut wood. This area belongs to Glenn Rehbein. She asked the zoning •inspection to look into this. Mr. Doocy moved to adjourn at 10:40 P.M. Mrs. Klaus seconded the motion. Motion declared passed.