Lakewood Planning and Zoning Commission Meeting

September 27, 2005

Call to Order:  Chair Al Eastman called the meeting of the Lakewood Planning and Zoning Commission to order at 7:00 p.m. on 9-27-2005 at the Lakewood Town Hall.

 Present:  Commission members Al Eastman, Dan Dexter, Bob Wolfe, Chris Roningen, John Knutson, Ann Cutts.  Kerry Leider, alternate was seated as a voting member.  General Public present:  register attached.

 Pledge of Allegiance:  The Pledge of Allegiance to the Flag of the United States of America was recited by all present.

 Review of Agenda:  Agreed to add discussion on LIU Zone use category for review and Planned Residential Development Ordinance discussion.

Review of Minutes:

-          August 30, 2005 Commission Meeting---a correction was noted on page 2:  Motion was made by “Kerry Leider” on conditional use request not appropriate for a public hearing.  A correction on page 2:  near bottom of page---should read “Zoning Ordinance Reprinting” instead of  New Ordinance.

Motion by Dan Dexter that the motion made on determination of the conditional use hearing for the Diamond Willow Assisted Living request was not accurate.  There was discussion about the vote, the role of the vote of the Chair of the August 30 meeting and the legitimacy of the vote.  The Motion died for a lack of a second.

Dan Dexter raised a point of clarification as to whether or not the vote on the Lakewood Diamond Willow request was legitimate.  Bob Wolfe made a point about the request---that the request was for a determination on whether or not the use in the LIU-10 zone was considered allowable.  Kerry Leider indicated that a new application has now been made; the vote was on the previous application received.

Motion by Bob Wolfe to approve the minutes as amended.  Second by John Knutson.  Discussion on Motion:  Dan Dexter:  Questions the motion made at the August 30 meeting.  Feels that the motion on the Diamond Willow request did not pass.  There was discussion on how the vote was taken at the meeting and whether or not the vote was correct.  There was an apparent lack of clarification on the motion made and the results of the vote.  Call for vote on the motion on the floor:  Yes Votes: 3, No Votes: 4.  The Motion Failed.

Motion by Chris Roningen to table approval of the August 30 Commission meeting minutes to the October Commission meeting.  Second by John Knutson.  Motion Carried.  

By Dan Dexter to approve the minutes as printed.  Second by Chris Roningen.  Discussion on motion:  On the Establishment of conditions---question on the stated hours of operation of the landscape materials business.  Should read that hours of operation are 7:00 a.m. to 9:00 p.m. Monday through Saturday rather than Monday through Friday.

Motion by Kerry Leider to amend the motion to table the minutes rather than approve.  The motion died for a lack of a second.

Motion by Dan Dexter to amend approval of the minutes with the correction that the hours of operation under the conditions be listed as 7:00 a.m. to 9:00 p.m. Monday through Saturday.  Second by Bob Wolfe.  Motion Carried with a majority vote in favor.

Representative to the October 5, 2005 Board of Supervisors Meeting---Ann Cutts will represent the Commission at the meeting.

Zoning Administrator Report:  LeAnn Brown

-          On the Zoning Ordinance re-typing---referred to Page 100 of the Ordinance, Section 3.02, A-1:  The language of application for conditional use permits.  Is not certain of the interpretation of this section.  She requests clarification on the Zoning Administrator making the decision about use compatibilities in a zone and how the process is carried out through the consult and decision of the Planning and Zoning Commission on a request.

-          Kerry Leider:  Related to the process of determination and he interprets the Ordinance  to mean that the decision is made by the Zoning Administrator with input from the Planning and Zoning Commission.

-          Bob Wolfe:  Restated section 3.01 on page 100 of the Ordinance.

-          Dan Dexter:  The use categories in the LIU-10 zone are not very clear in the Ordinance.

-          Kerry Leider:  Reiterates the process of receiving and accepting a permit and the following of the Zoning Ordinance language for the process.

-          LeAnn Brown:  She understands the procedure outlined by Kerry Leider to mean that an application is received and if the Zoning Administrator is not sure about the use classification, then it should be sent back in 10 days and it should be brought to the next Planning and Zoning Commission meeting to determine.  The 60-day extension may need to be enacted in some cases due to the time of receiving an application and action taken. 

-          LeAnn reported there have been many requests and calls about the exchange of land in the township and the associated zoning regulations.

-          Extension of Radtke Road---on the private drive beyond the Radtke Road.  Complaints have been received from neighbors about the activity there. 

 -          LeAnn has checked on the complaints.  On the two properties checked, a mobile     home

-          was moved on to each of the two properties.  She requests guidance regarding the handling of the two mobile homes which are not occupied at this time.  Al Eastman indicated that historically people have moved a mobile home on to a property while building a home.  Feels that a permit should be required.  Dan Dexter cited section 8 of the Ordinance which states that a mobile home can be stored on site as long as it is not being used.

-          LeAnn referred to another item on Radtke Road---a request for a variance.  She denied the application because the property in question does not have adequate road frontage and adequate acreage.

-          Zoning Administrator issued seven land use permits in past month.  Commission members reviewed the applications.

 Unfinished Business:

 1. Town Board Meeting Report--- Bob Wolfe

-          Recapped the items from the August meeting with the Board of Supervisors.

-  The Town Board is working on the meeting arrangements with the St. Louis    County Planning Dept.                                                                    

2.  Report on September 13, 2005 Conditional Use Hearing ---the conditional use permit was issued.

3.  Telecommunications Tower Report---Dick Bodine, Bob Wolfe and Diane Larson are planning to meet to further review this section of the Ordinance.

4.  Planned Residential Development Meeting with St. Louis County Planning --- to be set up by the Town Board.

5.  Zoning Language Clarification---the re-typing is being reviewed by all Commission members and the Zoning Administrator.  There was discussion about the land use chart for the LIU-10 zone.  A moratorium on uses for retail sales is in place.  The Town Board requested previously that the Commission review the use categories.  Bob Wolfe indicated that the Commission desired a review of what constitutes and defines retail uses versus wholesale uses.  LeAnn Brown said she would do a write-up as a guideline to aid the  Commission in reviewing.

New Business:

1. Permit Application has been received again from Lakewood Diamond Willow for an assisted living unit use in the LIU-10 zone.  The Zoning Administrator has determined that the use request is not compatible with other uses allowed in the LIU-10 zone.

 Public Comment:  None

 Announcements:  None