The URL can be used to link to this page

Home My WebLink About11/12/2002 Council Minutes• • • CITY OF LINO LAKES MINUTES DATE : November 12, 2002 TIME STARTED : 6:30 P.M. TIME ENDED : 6:42 P.M. MEMBERS PRESENT : Councilmembers Carlson, Dahl, O'Donnell, Reinert, and Mayor Bergeson MEMBERS ABSENT : None Staff members present: Administration Director, Dan Tesch; Community Development Director, Michael Grochala; Associate Planner, Tanda Gretz; and City Attorney, Bill Hawkins. SETTING THE AGENDA The agenda was approved as submitted. CONSENT AGENDA Councilmember Carlson moved to approve the Consent Agenda, as submitted. Councilmember O'Donnell seconded the motion. Motion carried unanimously. ITEM A. CONSIDERATION OF EXPENDITURES: i) November 12, 2002 66705, $125,395.37) ii) Centennial Fire District (Check No. 13478 — 13512, $69,955.51) iii) Consider Approval of Resolution No. 02-167, Certifying Delinquent Utility Fees, Kelley Kimball OPEN MIKE No one was present for open mike. FINANCE DEPARTMENT REPORT, AL ROLEK There were no Finance Department items to consider. ACTION Approved Approved Approved COUNCIL MINUTES NOVEMBER 12, 2002 DRAFT . ADMINISTRATION DEPARTMENT REPORT, DAN TESCH • • Consideration Second Reading of Ordinance No. 13-02, Amending the Liquor Code, Section 700, Ann Blair — Administration Director Tesch advised that the second reading is before the Council to amend the Liquor Code. It was noted that the Council had discussed making changes to the Liquor Code during work sessions and reviewed draft documents outlining the proposed changes. On October 28, 2002 the City Council conducted the public hearing for Ordinance No. 13-02 and approved first reading. The substantive changes to the current Code are: 1) allowing on -sale liquor establishments to begin serving alcohol at 10:00 a.m. on Sundays; and, 2) providing additional grounds for Revocation, Denial or Suspension of Licenses. Councilmember O'Donnell moved to approve SECOND READING and adopt Ordinance No. 13-02, Amending the Lino Lakes City Code, Section 700, Liquor and a r, Making Language Changes, and also Amending Conditions of Revocation, Denial, and Suspensi n f Licenses, and Allowing On -Sale Liquor Beginning at 10:00 a.m. on Sundays. Councilmember Dal sec -ended the motion. Councilmember O'Donnell voted yea. Councilmember Dahl, voted yea. Councilmember Carlson voted yea. Councilmember Reinert voted yea. Mayor Bergeson voted yea. Motion carried unanimously. Ordinance No. 13-02 can be found in the City Clerk's office. PUBLIC SAFETY DEPARTMENT RUPOR`AVE PECCHIA There were no Public Safety Departmentitems o consider PUBLIC SERVICES DEPARTME T REPORT, RICK DEGARDNER Consideration of Resolution lo.02ri 66, Accepting Donations for Family Turkey Shoot, Rick DeGardner — Administration Director Tesch advised that the Lino Lakes Parks and Recreation Department sought program sponsors for its annual Family Turkey Shoot to be held on Saturday, November 16, 2002. Administration Director Tesch noted the following organizations have generously donated funds to help defer the costs of this event: Circle Pines Lexington Lions $330 Lino Lakes State Bank $300 Lino Lakes Lions Club $300 Forest Lake Area Athletic Association $100 Administration Director Tesch recommended adoption of the draft resolution to accept these donations and thanked these organizations for this generous donation. 2 • • • COUNCIL MINUTES DRAFT NOVEMBER 12, 2002 Councilmember Dahl moved to adopt Resolution No. 02-166 Accepting Donations from the Circle Pines Lexington Lions, Lino Lakes State Bank, and the Forest Lake Area Athletic Association for the Support of the Lino Lakes Parks and Recreation Department's Annual Family Turkey Shoot. Councilmember Reinert seconded the motion. Motion carried unanimously. Resolution No. 02-166 can be found in the City Clerk's office. COMMUNITY DEVELOPMENT DEPARTMENT REPORT, MIKE GROCHALA Consideration of Resolution No. 02-153, Denying Variance, Brown, Tanda Gretz — Associate Planner Gretz explained that Agenda Item 7A is a variance request by Mr. Jamie Brown to allow a metal accessory building in excess of the 150 sq. ft. size allowedkir a property of his size and zone. This item was first presented at the October 28th meeting of the City Council. At that time, the application was tabled in order that City Council members could: more filly explore this issue with the applicant at the Council work session on November 6th. Associate Planner Gretz reviewed that at the Council work session, Mr. Brown asked for the deifintition�the City uses for a building, and she would like to provide that now: a building is defined in the LidLakes Zoning Ordinance as "any structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of any individual, animal, process, equipment, goads, or materials of any kind or nature." Associate Planner Gretz explained that this Varianceaaplication is for property located at 442 Main Street, which is zoned Rural and 2.1 acres in size„ Mr. Brown is asking for a Variance from the prohibition of metal buildings on a property of his size and zone. In addressing accessory structures for a property of this size and zone, Section 3, subdiv. 4.D.8.e of the City Zoning ordinance states: "no metal corrugated siding or roof, s t upon tool sheds less than 150 square feet in area." Associate Planner Gretz stated it sl ould;be noted that Mr. Brown has already constructed the metal accessory building which is t e tbcus of this Variance application. It should also be noted that Mr. Brown did not pull a buildingermitbefore constructing the building. The building is 24' X 36', or 864 sq. ft., in size. Building official Pete Kluegel noticed the structure earlier this spring. She then notified Mr. Brown that such a building was prohibited under City code and that he would have been advised of that fact during the permitting process if he would have applied for a building permit. Associate Planner Gretz advised that she has sent several letters to Mr. Brown on this matter over the summer, advising him that she could see only three ways to resolve the situation: 1) to remove the structure; 2) to bring the structure into compliance — this would probably involve siding and roofing the structure in some fashion which conforms to code (i.e., is not metal...); and, 3) to apply for a Variance. Associate Planner Gretz stated that while she advised Mr. Brown that staff could not support his request for a Variance, as there was no property hardship demonstrated according to land use criteria, he was told it was always his option of applying for one. Specifically, Variances are evaluated against the following five criteria, which then constitute a finding of fact: 3 COUNCIL MINUTES NOVEMBER 12, 2002 DRAFT • 1.) That the property in question cannot be put to a reasonable use if used under conditions allowed • • by the official controls. Associate Planner Gretz noted the property can be put to reasonable use while still abiding by the Ordinance regulations applying to accessory structures. 2.) That the plight of the landowners is due to physical circumstances unique to his property and not created by the landowner. Associate Planner Gretz pointed out that there are no unique physical circumstances which are unique to the property and come into play in this case. 3.) That the hardship is not due to economic considerations alone, and when a reasonable use for the property exists under the terms of the ordinance. Associate Planner Gretz stated, again, the Ordinance regulati+ which are the focus of this Variance request, do not in any w property in question. plying to accessory structures, preclude a reasonable use of the 4.) That granting the variance requested will not coufer on the applicant any special privilege that would be denied by this ordinance to other lands, structures, or buildings in the same district. Associate Planner Gretz stated that granting the Variance would be conferring upon the applicant a privilege beyond what is required under theZ ,ni g Ordinance and which is not extended to other residents. 5.) That the proposed actions will be in keeping ith the spirit and intent of the ordinance. Associate Planner Gretz note tl t grartti the proposed Variance would not be in keeping with the spirit and intent of the Ordinance, which states that metal accessory buildings in excess of 150 sq. ft. are prohibited for a property of this size and zone. Associate Planner Gretz explained that since the metal building that has been constructed is prohibited under City Ordinance, and since the Variance request does not meet any of the five criteria reviewed above, staff would recommend denial of this Variance application. Councilmember Carlson moved to adopt Resolution No. 02-153, Resolution Denying a Variance for the Construction of a Metal Accessory Building for Property located at 442 Main Street. Councilmember Reinert seconded the motion. Motion carried unanimously. Resolution No. 02-153 can be found in the City Clerk's office. 4 r • COUNCIL MINUTES NOVEMBER 12, 2002 DRAFT UNFINISHED BUSINESS There were no Unfinished Business items to consider. NEW BUSINESS Consideration of October 23, 2002 Work Session Minutes Councilmember Dahl moved to approve the October 23, 2002 City Council Work Session Minutes, as presented. Councilmember O'Donnell seconded the motion. Motion carried unanimously. COMMUNITY CALENDAR NOVEMBER 13, 2002 THROUGH NOVEMBER 25, 2002: Wednesday, November 13, 2002, 6:30 p.m., Planning & Zoning Bold Meeting Tuesday, November 19, 2002, 6:00 p.m., Special Council Work Session Wednesday, November 20, 2002, 5:30 p.m., CounciFWork Session Monday, November 25, 2002, 6:30 p.m., City Council Meeting ADJOURN There being no further business, Council tember Dahl moved to adjourn at 6:42 p.m. Councilmember O'Donnell seconded the motion. Motion carried unanimously. These minutes were considerdd and approved at the regular Council Meeting, November 25, 2002. Ann Blair,(jCity Clerk Transcribed by: Carla Wirth TimeSaver Off Site Secretarial, Inc. 5