Lakewood Planning and Zoning Commission Meeting
And Joint Mtg. of Bd. Of Supervisors & Bd. Of Adjustment with St. Louis County Planning Dept.
November 29, 2005
Call to Order: The Chair of the Lakewood Planning and Zoning Commission called the November meeting of the Commission to order at 7:00 p.m. on 11-29-05 at the Lakewood Town Hall. The Meeting of the Commission will be dedicated to primarily a joint meeting of the Commission, Supervisors and Board of Adjustment members with the St. Louis County Planning Department to discuss zoning issues and planned unit/residential developments.
Present: Commission members: Dick Bodine, Dan Dexter, Bob Wolfe, John Knutson, Al Eastman, Chris Roningen, Chuck Campbell, Kerry Leider, Ann Cutts. Supervisors: Diane Larson, Hugo Leider, Tim Musick. Board of Adjustment members: Len Johnson, Larry Peak. Also present were Scott Smith representing the St. Louis Co. Planning Dept., Clerk Gene Bromenshenkel, P&Z Recorder, Shannon Ostazeski, Zoning Administrator Angie Palmer and general public (register attached).
Pledge of Allegiance: The Pledge of Allegiance to the Flag of the United States of America was recited by all in attendance.
Purpose of the Meeting: Commission Chair Al Eastman gave a briefing on the purpose of the meeting: 1) for the monthly Planning and Zoning Commission meeting and 2) for the purpose of the three entities of the Town of Lakewood who deal with planning and zoning issues to discuss zoning issues and primarily planned unit/residential developments. Eastman turned the meeting over to Diane Larson who had previously agreed to moderate the joint discussion part of the meeting. Larson introduced Scott Smith from the St. Louis County Planning Dept. as the representative to hold a discussion and information sharing with the three entities.
Scott Smith gave a brief outline of the County Planning Department and his role. He indicated that the township has complete authority under State Statutes on zoning except for sub-divisions and wetlands.
Questions and Discussion about Zoning Issues:
Scott Smith indicated that the township under State Statute 394.33 must establish zoning which is consistent with the County Zoning Ordinance.
- Describe Planned Residential Development as used in the St. Louis County Ordinance? Scott Smith: The County Planned Unit Development Ordinance language comes out of the DNR shore land regulations---dealing with shore lands and resorts. Some counties are separating shore land and PUD language.
- Describe Two PUD’s approved by the County? Scott Smith: Have used PUD’s but with resort conversions. The County hasn’t had any real problems, except some lake shore situations which have been controversial due to density. Have used the CIC concept on some. Dan Dexter: What is a CIC? Scott Smith: It is a Common Interest Community---defined by State Statutes.
- Who determines if there are wetlands on a parcel: Scott Smith: St. Louis County requires the developer to delineate any wet areas; the County makes delineation. It is required for all sub-divisions, PUD’s, and conditional uses.
- Can Township define what open space and green space can look like i.e. What can be put there? Scott Smith: You should have guidelines and not be arbitrary.
- Should PUD maintain same density as other plots? Scott Smith: To be determined by Town.
- Does County require 50% public space? Scott Smith: The space is not required to be public space, but open space.
- How does County determine minimum lot size in a PUD? Scott Smith: Determined by tier standards.
- Al Eastman: The Town is interested in discussing the possibility of relooking at PUD’s; especially the open space and double acreage requirements.
- John Knutson: What are the County’s height restrictions? Scott Smith: 35 feet.
- Does the County require lots on a publicly maintained road for a PUD? Scott Smith: Does require access to public road but does not require frontage on a public road.
- Al Eastman: Have had situations where an 80 acre parcel is purchased with no access. How would the County handle such a situation? Scott Smith: First, the County has rejected cart ways (33 ft) accesses. Any access roads would have to meet the 66 ft. requirement.
- Is St. Louis County planning to implement State Statute 135 (about conservation easements)? Chris Roningen referred to property development rights and transfers. Scott Smith: Probably not possible to transfer for example from Lake Vermillion to Lakewood and vice versa.
- Tim Musick: Can Town’s be less restrictive than the County? Scott Smith: Could open the Town to litigation.
- Al Eastman: By nature of staffing and enforcement, township zoning may be less restrictive? Scott Smith: Doesn’t see this as necessarily so.
- Len Johnson: What can townships do to modify the PRD to make it more conducive to utilize the planning and zoning concepts? Scott Smith: Maybe develop something different than the PUD that would fit the township.
- Dan Dexter: Believes one of Lakewood’s biggest problems is paper roads. Is there anything we can do on road access situations? How does St. Louis County handle this issue? Scott Smith: The Town needs to dedicate a road for a designated i.e. Paper road, to be a “public road”.
- Al Eastman: How do you handle the “odd duck” situation related to PUD’s? Scott Smith: The Planning Director usually makes those determinations based on situations where it is determined that a use is not allowed for a zone.
- Kerry Leider: Regarding wetland areas---can a property owner circumvent wetland laws? Scott Smith: Cannot build on those areas.
- Recently the Planning Commission approved a retail sales in the LIU-10 zone. Can the County over rule? Scott Smith: The County would make an interpretation.
- Does the County have a definition for retail sales? Scott Smith: There is no County definition.
- Under the St. Louis County Zoning Ordinance, can a non-conforming use be given a variance? Scott Smith: No—not if it was created after development of the Ordinance.
- Dan Dexter: What if a use for a zone is not listed? Scott Smith: Supports a more general approach with the Planning Commission determining consistency of use.
- Does St. Louis County Zoning allow multi-dwellings in a LIU zone? Scott Smith: If the question would arise, the question might be should it be rezoned.
- Bob Wolfe: Might consideration be given to rezoning of an area under some situations? Scott Smith: Probably should follow the Comprehensive Land Use Plan.
- Question on migratory bird paths? Scott Smith: The amended County Ordinance relates to utility services; references the DNR classification as the guideline.
- Tim Musick: Question regarding the shoreline and possibility of excessive growth. Was the intent of the sewer line was to protect the shoreline and not to promote growth? Scott Smith: The design was to accommodate existing residences plus some limited growth.
- Kerry Leider: If a property owner has property between two roads, how can the owner obtain a road? Scott Smith: Can request a unit of government to determine if they can take over a road or not.
There were no other questions or items for discussion. Moderator Diane Larson expressed an appreciation to Scott Smith for his participation in the discussion.
Item brought to Town Board for support of a grant application by Minnesota Sea Grant for their proposal for north shore planning. The proposal would include the township of Lakewood. Motion by Larson to send a letter of support to Minnesota Sea Grant in Duluth supporting the grant proposal. Second by Leider. Motion Carried. The Clerk was requested to write a letter on behalf of the Board.
Planning and Zoning Commission Chair, Al Eastman continued with business of the Commission:
- Representative to the December 7, 2005 Board of Supervisors Meeting ---Al Eastman volunteered to be the Commission representative.
- Next Planning and Zoning Commission Meeting---the December meeting would fall on Dec. 27 in the midst of the holidays. There was discussion about the need for a meeting and the possibility of canceling the December meeting. It was agreed by consensus to cancel the December meeting with the next regularly meeting scheduled for January 31, 2006.
Motion by Bob Wolfe to adjourn the Meeting at 8:56 p.m. Second by Kerry Leider. Motion Carried.
Respectfully Submitted;
Gene Bromenshenkel
Town of Lakewood Clerk