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HomeMy WebLinkAbout03/19/1980 P&Z Minutes'Planning and Zoning Board OKrn,� .March 19, 1980 The regular meeting of the Planning and Zoning Board was called to order by Chairman Reinert on March 19, 1980. Members present;Doocy, Heath. Absent; Prokop, Schwankl, Johnson, Bathke. The minutes of Feb. 20, 1980 were held for lack of a quorum. Mr. Reinert asked Mr. Schumacher to bring the Board up to date on the first item on the agenda. Mr. Schumacher asked Mr. Koch how far his present garage was from the property line at the present time and Mr. Koch said 10 feet. Mr. Schumacher asked if he was only planning to add 5' and Mr. Koch said he wasn't sure - may need another two feet and this would bring the garage within 3' of the lot line. Mr. Schumacher asked how far his son's house was from this garage and Mr. Koch said about 35'. Mr. Schumacher said these are two parcels of land - both lots are old lots. There is two alternatives; to either allow the garage to be built up to the lot line or allow the one lot to transfer 5' to the other lot. One lot would have a frontage of 95' and the other 105'. Considering the lots are of record and they are both over the one acre, Mr. Schumacher recommended that a variance be granted for the transfer of the 5' and that the westerly lot maintain a 5' side yard setback on the garage. There has been no paper work done on this matter. Mr. Koch was asked to apply for a variance for the transfer of this parcel. w ince there is not a quorum at this meeting, Mr. Reinert asked if there were other items on the agenda of this nature. Mr. Schumacher said the only other item was an item scheduled for 9:15 P.M by Mr. Petersen and he is not present at this time. The only item was the request for putting a mobile home on five acres of land and this is not possible under the City ordinances. All other items require some sort of action. Mr. Reinert looked at the Lino Industrial Park plat and felt that most of the requests had been complied with. Mr. Schumacher said this plat will be done in phases with the lots along Lilac to be platted first. They have met all the requirements set forth by the Engineer and the-Planner and has met the Park requirement. The concensus of the Board was this seemed to be in order and felt there was no reason it should not be approved. The next item to be considered was a request for a variance for a long driveway. There was discussion of why a variance was required for a long driveway and if there is not an easier way to handle this matter. Mr. Schumacher felt this request was valid in that the house is to be �uilt on the high portion of the land and this is beyond the legal limits as required by City Ordinance. Mr. Reinert questioned the absence of the members had they called? Mr. Schumacher said Mr. Prokop had called to say he would be unable to attend Planning and Zoning Board . March 19, 1980 Page Two 411this meeting and Mrs. Schwankl had called to say she probably would hot be able to attend. Mr. Johnson and Mr. Bathke had not called. Mr. Reinert recessed the meeting and Mr. Schumacher had called these two members and when the meeting was reconvened, Mr. Reinert said they could not be reached. He asked Mr. Schumacher to review the items one by one for their information. Mr. Schumacher said the Industrial Park had been reviewed in detail. All things are in order and only needs the approval of this Board to move on for Council consideration. The next Planning and Zoning is scheduled for April 16, 1980. Mr. SChilling asked if there was a possibility of a special meeting. Mr. Reinert said not at this time but this can be dis- cussed later in the meeting and if such a meeting is scheduled, he will be notified. The next item to be discussed was a request for a variance for a long driveway. Mr. Schumacher felt this presented no problems and this request could be approved. The people were reminded that maintenance of this driveway would be their respohsibility. Mr. Schumacher presented the preliminary plat from El Rehbein & Son for Lakes Addition #6. This plat has been sent to the - Planner and the Engineer. Mr. Short has responded but Mr. Gotwald has not. The property fli ti ✓L oes correct zoning and meets all requirement, meets with the requirements f the Comprehensive Land Use Plan. The only question was in reference to a 30' easement on Lots lthrough 6. Mr. Blackbird said this is because of the lay of the land and is for drainage purposes. Mr. Schumacher said the easement area cannot be a part of the lot, therefore that square footage would have to be deducted from the overall lot square footage. Mr. Reinert questioned the location of the lift station - does this affect the plat. The land that is occupied by the lift station has been deducted. The only change suggested was in reference to the drainage easement being deducted from the overall lot dimensions. The next item to be considered was the request for a rezoning. This is the request submitted by the Carriage House Stables. The company is planning on using the existing facilities for the same purposes as now. The only addition would be a small labortory for the breeding and testing of small animals. There would be less than 6 employees. Mr. Schumacher said he would like to have these people meet with the State and the County Health Department. He would like to review this operation with the PCA and County in regards to the possibilities of a health problem being created by this lab. Mr. Roy Mourdant stated that the lab is run by Mr. Jim Kinsey. Mr. Reiner asked if he felt there was any problems meeting with the PCA and Health Department in establishing the possibilities of creating a pollution roblem. Mr. Kinsey said he had been working with these bodies and felt a letter to the City as to their concerns would be written. Mr. Schumacher said he felt the Planning Commission should write letter Planning and Zoning Commission March 19, 1980 Page Three IIIstating that no services are planned for that area. This is to be con- sidered as rural. The request for rezoning if for the full 60 acres - Mr. Schumacher felt that only the portion needed for the lab should be rezoned at this time. Mr. Reinert asked Mr. Schumacher to prepare a letter of recommendation for the rezoning of a portion of this land. Mr. Kinsey questioned this and Mr. Schumacher's reasoning behind this recommendation. Mr. Schumacher explained that since only a very small portion of this land would be utilized for the lab purpose and he felt it is unnecessary to rezone the entire area. There was some discussion on this matter with Mr. Reinert saying this is a negotiable point and no decision can be made at this meeting. Mr. Heath asked if 10 acres would be a more acceptable parcel of land and Mr. Kinsey agreed. Mr. Kinsey said there is approximately 3000 square feet on the North end of the building that is acceptable for the purpose of a lab. This lab is for biological testing - it is not a chemical lab, although a certain amount of chemicals will be used. There will be some animals such as rats, minnows, some rabbits. The markets to be considered are medical devices for testing and to evaluate various products for industry and the effect of the chemicals in these products on the enviorment. 0Mr. Reinert asked what licensening is required and Mr. Kinsey said there is no certification for labs at this time. Mr. Mordant said he should inform the Board that the consideration of moving the entire operation to this area and is concerned with the limita- tions on the area to be rezoned. Mr. Reinert asked how many acres would he considered adequate? This operation is licensed with the Department of Agricultural for the shipping of guinea pigs. The existing facility is on a seven acre parcel and it is too small. Mr. Illg had requested permission to put a mobile home on a 5 acre parcel of land on Pine Street. Mr. Schumacher read that portion of the City Ordinance dealing with this. This ordinance prohibits a mobile home on any lands except within a mobile home park. Mr. Illg said that since this Ordinance was written, mobile homes have cahnged and he would like to see this ordinance rewritten. He felt this is necessary due to the high cost of housing. Mr. Reinert said this Board is bound by that Ordinance and any change would have to come from the Council. Mr. Reinert suggested sending a letter of request to the City and would be presented to the Planning and Zoning but Mr. Reinert felt that was no chance of this being approved. Mr. Schumacher told Mr. Illg that he could appear before the Council durin the open portion. Mr. Reinert felt this would come back before the P &Z •efore any actions could be taken anyway. Mr. Schumacher presented the Land and Oaks plat. some of the concerns; 1) part is zoned commercial, part is zoned industrial. Lot 1 has been widened and the same has been done on lot 3; 2) access to Lot 4 is pro- vided by Outlot A of 60' 3) the road requirements . 33' on Main st. Plamning and Zoning Board March 19, 1980 Page Four the County requires an extra 27' for future needs - this has been included. The set back line of 30' is not on the plat at this time. Mr. Schumacher said a more detailed drainage plan will be necessary to present to the Rice Creek Watershed Board. There was discussion on the location of the rear lot line - it would appear that this line is located too far to the South. After consulting the minutes, it was found this line is correct. Mr. Tschida reiterated that the items that must be shown on the plat is the drainage easements and the set back lines. Mr. Schumacher continued to note that he has complied with all other requirements and would recommend this be approved with the above additions. There was discussion of the extra 27' feet required by the County. This land is part of the plat but remains in the ownership of the developer. If, some time in the future, it is needed for expansion of Main Street, then it would have to be purchased from the owner. The access to Main Stree /would be through a common driveway to two of the lots and one driveway to the remaining lot. She special use permit application of Molin Concrete was considered. Mr. chumacher said the plans have been submitted to Rice Creek Watershed Board. The 15' setback from the cemetary was questioned. He felt that this setback will need to be discussed and decided by this Board. Mr. Schumacher discussed the screening on the West. He felt this should also be applied. The building inspector had no problem with the plans. Mr. Molin was asked what he felt was the least amount of footage he could have as a side yard set back. Mr. Molin said he would like to stay as close to the line as possible - due to the cost of land. This building would house the maintenace shop and a portion would be leased the building is 160'x 50'. The leased area would be for storage. Mr. Reinert asked Mr. Schumacher and Mr. Kluegel to prepared a recommenda- tion in reference to the side yard set back. The general concensus of the Board members present was there is no major problem with this proposal. Mr. Petersen's request was considered. Mr. Schumacher said he had re- searched this request and it does conform to the Comprehensive Land Use Plan. 110r. Petersen's idea is to cut a street back approximately 200' feet to solate the commercial area from the residential area. Mr. Petersen was asked if he would consider multi - family dwellings in that area and he said he had no specific plans for the area. The only commercial type of business he would consider would be professional offices of some sort. • Planning and Zoning Board March 19, 1980 Page Five Mr. Petersen was asked if he planned to install the street and he said he would assume that would be his responsibility. Various uses of this land was discussed. Mr. Reinert felt the proposal was acceptable and as to the use of the land this would need further consideration. In order to put the street in there would need to be more specific plans. This would need to be presented to the Engineer and the Planner. Mr. Schumacher suggested a scaled drawing. Mr. Petersen felt he had what he needed from this Board to proceed. The Comprehensive Plan material was deferred until the next meeting. No formal action was taken due to the lack of a quorum. But with those persons present, the recommendations of the Engineer, Planner and Admin- istrator were considered and did give some direction as to how they should proceed and all items will appear on the next agenda. Mr. Schumacher presented the Ordinance adopted by the Council which puts a moratorium on residential building in the North East corner of the City. This is to be in effect only until the Comprehensive Land Use Plan is finalized. The Planning and Zoning questioned the intent of this Ordinance. Mr. . chumacher felt this is to delay any further platting in that area until the Comprehensive Land Use Plan has been completed. Consideration of holding a special meeting was discussed. It was felt that there are too many items to be held over from this meeting to be included with the many items that will be generated over the next month period. The date of April 2, 1980 at 7:30 P.M. was set as a special meeting. All persons are to be called to insure a quorum. Mr.Heath moved to adjourn. Seconded by Mr. Doocy. Aye. •