Lakewood Planning and Zoning Commission
Tuesday March 28, 2006- 7:00 P.M.
Lakewood Town Hall
Call to Order- Commission Chair Al Eastman called the Lakewood Planning and Zoning Commission to order at 7:04.
Present: Bob Wolfe, Chuck Campbell, John Knutson, Dan Dexter, Dick Bodine, Chris Roningen, Zoning Administrator Brennan Mears, Carolyn Ernest, Al Eastman, Dan McCorison, Ann Cutts, Recorder Shannon Ostazeski and Public (see attached registrar).
Pledge of Allegiance: The Pledge of Allegiance to the flag of the United States of America was recited by all present.
Review of Agenda: There was nothing added or changed about the published agenda.
Review of Minutes: Minutes of February 28, 2006 Commission Meeting
Motion by Knutson to approve the minutes. Second by Roningen. Motion carries.
Representative to April 5, 2006 Town Board Meeting will be Dan McCorison.
Zoning Administrator Report: Brennan Mears
· Applications for Zoning Permits
Robert Roningen: Two wind generator towers
Greg Follmer: Two communication towers
Gary Deel: Accessory Building
Jack Shapiro: Communications tower
Bob Wolfe: Home addition
· Buffer Zones Between Commercial and Residential Lots
Has received concern from the public about natural buffer zones not being included in conditional uses. County lays out 50 feet as the necessary buffer. We should just make a conscious effort to remember this.
Jerry (in audience): An industrial setting can be much more intrusive than a residential home.
· Whiteside Property Check
Went out to the Whiteside property and checked out the RV’s and the garage. Gave them a notice to call Township office.
Unfinished Business
· Town Board Meeting Report- Minutes of March 1, 2006 given by Al Eastman.
· Telecommunications Tower Report Review
Eastman: We reviewed the telecommunication tower committee’s text change amendment recommendation for a month as was suggested. Currently we have adopted the St. Louis County recommendations for tower ordinance. What would the commission like to do?
Roningen: As I said the last meeting, limiting all the towers to 100 feet is arbitrary. The county has it at 200 feet currently because above that height lights are required. We are setting the township up for a future lawsuit because the number 100 is arbitrary.
Motion made by Roningen that in relation to telecommunication towers we leave the county zoning in place and don’t adopt the subcommittee text change amendment recommendation. Seconded by Knutson.
Bodine: In favor of staying with the county.
Cutts: Also in favor
Dexter: Why do we come here when the Town Board can over say all of our hard work? Also in favor.
Ernest: In favor.
Wolfe: What was the point of working on the committee when it will get trashed? The 100 foot height for towers is not an arbitrary number. The residents of Lakewood did not want certain things the county allows. Our committee looked at all parties and this is what we came up with. The heart ache comes from compromise, neither side working on this got everything they hoped for. The compromise was in favor of the residents of the township. It meets the needs of the township, county and it is a workable draft.
Campbell: I would propose that the 100 foot tower limit number is not arbitrary. Two hundred feet is more lucrative but also more invasive. Wants to adopt the subcommittee’s plan.
Knutson: I thought the counties ordinance was the right way to go all around. I didn’t think we needed a committee. The county’s standards are plain and straightforward.
Campbell: Makes the recommendation that anyone related in anyway to the gain or loss of this motion would not participate in the voice vote.
Eastman: I call for a vote.
In favor of the motion: 6 (Bodine, McCorison, Roningen, Dexter, Ernest, Knutson)
Opposed to the motion: 2 (Cutts, Wolfe)
Eastman did not participate in the vote.
Motion passes.
· Zoning Language Clarification and Development of Recommendations
Wolfe: I tried to put together something to make sense (hand-out enclosed). It makes some amendments to how we make a zoning text change. The existing one has some inconsistencies that lead to confusion. My understanding of the process is the town board has the right to cast aside the frivolous requests. The public hearing should not be the Planning and Zonings responsibility.
Dexter: This is a complete overhaul of our process now. The Town Board is the one in charge of the purse.
Mears: This board is supposed to have the final say.
Wolfe: Please look at the hand out and we can talk about it later.
· Review of LIU-10 zone Retail Sales and Moratorium Deadline
Eastman: If we come up with the definition of the LIU zone it will only be for the moratorium. If we are going to not allow retail that is a reverse taking of the peoples land. We have such a mismatch in the ordinance making this issue difficult.
Wolfe: We know the intent of the zone is wholesale.
Eastman: Retail sales are already allowed there.
Wolfe: It would not be taking away any rights because currently it does not imply retail. The intent is for wholesale sales and you do not have the right to conduct retail sales.
Dexter: We are all missing the point. What we need to do is listen to the neighboring residents. What is best for the town and the neighborhood? This is currently not a residential zone.
Wolfe: What do we want to do in regard to the moratorium? What should our recommendation to the town board be? We don’t know what we should do with this. Should we rezone this area?
McCorison: Do we have to have a Light Industrial Zone?
Eastman: At the time it was made we had to.
Jerry (in Audience): “The intent of this zone is to accommodate the townships industrial uses,” that is what it says in the Ordinance.
Don (in Audience): I don’t care if I have a LIU business right next to me but I want a buffer. I don’t want his water running into my property.
Campbell: We do have control over what is in these zones by our conditions for these uses. What would the landowners prefer? The intent of the sewer lines was for something else, maybe this is zoned wrong. Maybe getting petitions from the residents is the best way to go.
Eastman: We have 90,000 dollars on the enforcement arm. The township has never won a case. The court will almost always side with the landowner. It is expensive to go after these people.
Eastman: Back to Mr. Wolfe’s question to me. The moratorium is going to end and the definition of wholesale sales is anything that is not retail.
Bodine: The only way you could distinguish between a retail or wholesale business is through the tax definition. The ones who have a tax number are wholesale.
Wolfe: If you are wholesale you are selling to a wholesale buyer.
Dexter: Light Industry, Commerce, and Retail sales these are all offering the same services. These words are not guiding us because our ordinance isn’t giving it to us. The only way we are going to do this is get the neighbors and owners and decide what we need to do with this property.
Roningen: We already allow retail and we are wasting our breath. We should tell the Town Board we couldn’t make a decision on this.
Campbell: Maybe we should define it how we want it to progress.
Eastman: We cannot take away what was allowed to these landowners previously.
Mears: I had mentioned making a recommendation to the Planning and Zoning Commission as to a new plan for that area of the Township. I was told to wait until the comprehensive land use plan was completed.
Eastman: No motion will be called.
· Review of Proposed Zoning Ordinance text change-results
Planning and Zoning Commission agreed to recommend to the Town Board that a text change be made. The Town Board over-turned this decision.
New Business:
Discuss Reorganization Meeting (April Commission meeting)
Eastman: Dan Dexter, Ann Cutts and Carolyn Ernest are in their third year. They have all agreed they will serve if called to.
· Public Comment:
Jerry (in audience): Reiterating the buffer zone. The language about this is pretty rare in the ordinance but it does talk about it in the Comprehensive Land Use Plan. The CLU Plan should win out and there should be an effective buffer around the sites perimeter that screens the industrial area. Just asking for a bit of consideration for these sites.
Mr. Grey (in audience): This township is going broke. The attorney fees are around 18,000 dollars. What is going on in the township?
Wolfe: It is the price of land.
Ernest: We always pull it out of the general fund.
· Other:
“Duluth Guide to Land Use and Living” passed out.
Wolfe: There is a misprint in the new zoning ordinance on page 29. It says “minimum” instead of “maximum” on the part about non-conforming structures. A new page will be printed to correct the misprint. It will also be fixed on the web page.
· Announcement:
Local Board of Appeal and Equalization Meeting. This is for property valuation and classification. You can make your appeal at the Lakewood Town Hall on Monday, April 24 at 6:00-7:00 p.m.
Next Monthly Meeting is Tuesday, April 25, 2006 7:00 P.M. at the Town Hall.
Motion made to adjourn by McCorison. Seconded by Roningen. Adjourned at 9:13.