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HomeMy WebLinkAbout02/11/2015 P&Z Minutes APPROVED MINUTES CITY OF LINO LAKES PLANNING & ZONING BOARD MINUTES 1. CALL TO ORDER AND ROLL CALL: Chair Tralle called the Lino Lakes Planning and Zoning Board meeting to order at 6:30 p.m. on February 11, 2015. 2. APROVAL OF AGENDA The Agenda was approved as presented. 3. APPROVAL OF MINUTES: November 12, 2014 Mr. Hyden made a MOTION to approve the November 12, 2014 Meeting Minutes. Motion was supported by Mr. Evenson. Motion carried 5 - 0. (Tralle abstained.) 4. OPEN MIKE Chair Tralle declared Open Mike at 6:32 p.m. There was no one present for Open Mike. Mr. Hyden made a MOTION to close Open Mike at 6:32 p.m. Motion was supported by Mr. Evenson. Motion carried 5 - 0. (Tralle abstained). 5. ACTION ITEMS DATE : February 11, 2015 TIME STARTED : 6:30 P.M. TIME ENDED : 8:23 P.M. MEMBERS PRESENT : Neil Evenson, Michael Hyden (Vice Chair), Perry Laden, Lou Masonick, Michael Root, Paul Tralle (Chair) MEMBERS ABSENT : None STAFF PRESENT : Michael Grochala, Katie Larsen Planning & Zoning Board February 11, 2015 Page 2 APPROVED MINUTES A. PUBLIC HEARING to consider rezoning property located at 6966 Lake Drive (PID # 19-31-22-41-0006) and 6970 Lake Drive (PID # 19-31-22-0005) from R-1, Single Family to R, Rural Katie Larsen, City Planner, presented the staff report. Staff does not recommend approval of the rezoning. Ms. Larsen clarified that there is a difference between zoning classifications and land use classifications. Chair Tralle declared the Public Hearing open at 6:50 p.m. Robert and Carol Stanek, property owners, addressed disagreements with the staff report. The structure for the horses on 6966 is temporary and is able to be moved. The horses are not currently located on the property. The intent is to keep the horses on the property during the 4H season from May through October when their daughters are participating in 4H events. Mr. Stanek also noted that Ms. Stanek has been in communication with the Community Service Officer she spoke with over the phone on March 13, 2015 and the CSO kept notes from this conversation. During the March 13 phone call Ms. Stanek was informed that she was zoned Rural and was therefore allowed to have farm animals. The Staneks took this information under good faith. Chair Tralle questioned Mr. Stanek on why they would go to the Police Department rather than the City to find out whether or not they could have farm animals. Ms. Stanek explained that she went to City Hall and no one was available who dealt with zoning, so she was directed by a city staff member to the Police Department since they deal with animals. Chair Tralle observed that this was a major misdirection and questioned why the Police would be discussing this with residents. Michael Grochala, Community Development Director, speculated that the Police probably got involved because animal control is under Section 503 of the city code and animal control is enforced through the Police Department which includes a farm animal provision. The Staneks decided to purchase the 6966 Lake Drive property with the intent to house farm animals using the information they received from the Police. They used the Land Use map during this process and Mr. Stanek explained how confusing it is for a resident to understand the difference between the Land Use Map and Zoning Map. Mr. Stanek also pointed out the contradictions with the Rural and Residential zoning classifications in regards to water and sewer hookup. The Staneks do not have any intentions of using the land for agricultural use. The Staneks understand that combining the two properties would still be slightly less than 10 acres, but rules and regulations are up for interpretation and there should be a focus on the intent. Ms. Stanek pointed out that there are many lots zoned Rural that do not meet the 10 acre standard. If spot zoning is an issue, the Staneks feel confident that their neighbors would be willing to sign a petition to rezone the area. The Comprehensive Plan does not indicate that the area is going to be developed any more than it is now and Ms. Stanek stated that the plan should be altered as situations arise. Ms. Stanek also stated that they Planning & Zoning Board February 11, 2015 Page 3 APPROVED MINUTES have received lots of positive feedback from the goats on their property and she considers the goats a pleasing attribute to the City. Chair Tralle opened the podium up to comments from the audience. Wendy Marsh, 6936 Lake Drive, spoke in favor of rezoning the properties to Rural. She has lived in her house in Lino Lakes since 1964 and expressed her appreciation of nature in the Chain of Lakes area. Ms. Marsh would not like to see the area overly developed. David Storberg, 6978 Lake Drive, has lived in a rural environment most of his life and thinks a rural atmosphere is great. Mr. Storberg spoke favorably of the rezone. Linda Jensen, 6974 Lake Drive, loves the Staneks and their animals. When Ms. Jensen bought the house in 1998, she thought the lake, park system and woods made it a good place to come. She is impressed with the beautiful job the Staneks have done with their animals. Patty Vito, 6974 Lake Drive, discussed how her son has benefited from the Staneks’ animals and how it has become a wonderful part of their lives. It seems to Ms. Vito that most of the neighborhood supports the Staneks and wouldn’t find the rezone a problem. She indicated that the area has a very mixed use already with an airport and businesses, so she doesn’t think it would be an issue adding a Rural zone in the area. Even though the Comprehensive Plan lists this area as Residential, Ms. Vito expressed that the neighborhood wants the Rural rezone to happen. Neighbors enjoy having the animals there; the Staneks take good care of them and the children in the community benefit greatly from it. Kevin Vito, son of Ms. Vito at 6974 Lake Drive, took to the podium to show his support explaining how great the Staneks take care of the animals. Chair Tralle recognized the support shown by the neighbors and reminded everyone that the Planning & Zoning Board is an advisory group and cannot set anything in place. Mr. Root explained that, while he does see the benefits, he is not in favor of rezoning the properties. Mr. Root’s concerns included: • The two properties do not meet the size requirement of Rural properties. • If the properties are rezoned, future land use could be seen as a problem. • Rezoning the properties may give the impression of showing special treatment to the property owners. Mr. Laden asked staff if they had discussed the possibility of creating a conditional use permit or if there was any way to view this as a non-conforming use. Ms. Larsen explained that neither avenue would be applicable in this situation. Ms. Larsen mentioned that staff did consider the idea of rezoning the entire stretch since it sounds Planning & Zoning Board February 11, 2015 Page 4 APPROVED MINUTES like the neighbors would be in favor of that, but staff needed to focus on the Land Use Application that was submitted for two lots. Mr. Laden stated that he thinks an ordinance change would allow people in similar situations with large Residential lots to have some farm animals on their property. Mr. Laden explained that, even though he is generally not a fan of spot zoning, he is in favor of rezoning the properties to Rural as he feels it would be in conformance with the Comprehensive Plan. Mr. Masonick is also in favor of the rezoning. Mr. Evenson and Mr. Root do not see a problem with residents having a limited amount of farm animals if the property is big enough, however they feel this issue is better resolved with an ordinance change rather than rezoning. Mr. Masonic asked what the Staneks will need to do with their animals in the meantime. Staff advised that the Staneks are allowed to keep their animals until the issue has been resolved. Chair Tralle invited citizens to speak at the podium again. Ms. Marsh, Ms. Jensen and Mr. Storberg reiterated their support for the rezoning. Ms. Stanek explained that she worked with Ms. Larsen and Patrick Moonen, Building Inspector, on how to address this issue and they had discussed ordinances, conditional use, variances, etc. Ultimately the Staneks were guided to start with rezoning. Mr. Masonick made a MOTION to close the Public Hearing at 7:43 p.m. Motion was supported by Mr. Laden. Motion carried 5 - 0. (Tralle abstained.) Chair Tralle mentioned that he has been involved with 4H for many years and thinks highly of the program. However, he stressed that the properties are significantly smaller than the 10 acres required for a Rural zone. Chair Tralle agrees with Mr. Root that this should go to an ordinance change rather than rezoning the properties. Chair Tralle sympathizes that the Staneks own lots of land but can’t seem to do much with it and that they were provided with incorrect information. Mr. Root made a MOTION to recommend denial of rezoning property located at 6966 Lake Drive and 6970 Lake Drive from R-1, Single Family Residential to R, Rural. Motion was supported by Mr. Evenson. Motion carried 3 - 2. (Laden and Masonick voting nay. Tralle abstained.) The Board felt that this is an opportunity to create an ordinance change which would benefit others in a similar situation. Ms. Larsen indicated that the Board could make a motion to have staff investigate and put some consideration into an ordinance amendment to bring back to the Planning & Zoning Board. Mr. Laden made a MOTION to recommend staff research an ordinance amendment that would be applicable to keeping farm animals in a Residential zone. Motion was supported by Mr. Root. Motion carried 5 – 0. (Tralle abstained) Planning & Zoning Board February 11, 2015 Page 5 APPROVED MINUTES Mr. Grochala pointed out that the biggest problem going forward with an ordinance change would be finding the ideal acreage size. Mr. Stanek questioned what kind of timeframe they are looking at for an ordinance change. Chair Tralle explained that the timeframe is unpredictable. B. PUBLIC HEARING to amend Chapter 1001: Subdivision Regulations and Chapter 1007: Zoning Code, Sections 1, 2 and 3 Katie Larsen, City Planner, recommended continuing the Public Hearing to allow more time for staff to review changes and present to the Board. Mr. Hyden made a MOTION to continue the Public Hearing to the March 11, 2014 Planning & Zoning Board meeting. Motion was supported by Mr. Laden. Motion carried 5 - 0. (Tralle abstained.) 6. DISCUSSION ITEMS A. Project Updates Michael Grochala, Community Development Director, provided an update of current city projects. 7. ADJOURNMENT Mr. Masonick made a MOTION to adjourn the meeting at 8:23 p.m. Motion was supported by Mr. Evenson. Motion carried 5 - 0. (Tralle abstained). Respectfully submitted, Nicole DeDeyn Community Development Assistant