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HomeMy WebLinkAboutOctober 8, 1985 CITY of ANDOVER REGULAR PLANNING AND ZONING COMMISSION MEETING OCTOBER 8, 1985 - AGENDA Call to order - 7:30 P.M. Approval of Minutes - 9/24/85 l. Conun. #9-85-5 2. conun. #9-85-7 3. Conun. #9-85-8 4. Conun. #8-85-3 S. COI'MI. #') OS 1 6. Conun. #9-85-9 7. Conun. #10-85-1 Rose Benigni Lot Split, Cant. Frank Padula Rezoning Public Hearing Richard Szyplinski Special Use Permit Public Hearing Groundwater Heat Pump Ordinance Public Hearing Oatellite DisLes Dis,-ussioh, CVHL. De./e..J-.... Ordinance 46, Section 3A Discussion Green Acres Sketch Plan CITY of ANDOVER REGULAR PLANNING AND ZONING COMMISSION MEETING OCTOBER 8, 1985 - MINUTES The regularly scheduled Andover Planning and Zoning Commission meeting was called to order by Chairman Jacobson at 7:30 P.M., Tuesday, October 8, 1985 at the Andover City Hall, 1685 Crosstown Boulevard N.W., Andover, 11N. Commissioners Present: Commissioners Absent: Also Present: Jovanovich, Rogers, Bosell (arrived at 8:15 P.M.) Apel Mrs. Fanucci; Frank Padula; David Szyplinski; David Almgren, Building Official; others Approval of Minutes September 24, 1985 MOTION by Rogers, seconded by Jacobson to approve the minutes of September 24, 1985 as written. Motion carried on a 3 yes, 1 present (Jovanovich) vote. Rose Benigni Lot Split (Comm. #9-85-5) Mrs. Fanucci, representing Mrs. Benigni - stated that they are requesting a lot split in order to purchase as much of Mrs. Benigni's property as legally possible without buying the house. Chairman Jacobson asked if there was a reason for the irregular size of the lot. 11rs. Fanucci stated that there is a swamp in the northeast corner of the property which is used for drainage for a heat pump. She also stated that the land they want to buy is in back of Mrs. Benigni's house. MOTION by Jovanovich, seconded by Rogers that the Andover Planning and Zoning Commission recommend to the City Council approval of a lot split requested by Rose Benigni for the property described as PIN 01 32 24 23 0001, pursuant to Ordinance 40, with dedication of park fees for the following reasons: 1) It will not adversely affect the existing or potential use of adjacent land; 2) It is in conformance with the Comprehensive Plan; 4) It is necessary to the reasonable use of the land. Motion carried unanimouSly. This will go to the City Council on November 5, 1985. Frank Padula Rezoning Public Hearing (Conn. ~9-85-7) Chairman Jacobson opened the public hearing. fIr. Jacobson then explained that Mr. Padula is requesting a rezoning from R-l to Neighborhood Business. Neighborhood Business allows a number of things that cannot be done on residential land, such as a convenience store, minor retail and office buildings. Regular Planning Commission Meeting October 8, 1985 - Minutes Page 2 (Padula Rezoning, Cont.) Frank Padula - noted that the city has shown a need for a county library. In checking with the Library Board, they have agreed that the piece of property he is proposing for a library (Lot 2, Block 4, Pine Hills) meets their criteria. The building would be 32' x 100' with two small shops on either end. Chairman Jacobson asked Mr. Padula if he is the owner of the property. Mr. Padula replied yes. Commissioner Rogers asked if the library would be private or a county library. Mr. Padula noted that it would be leased by the county. The Library Board agreed with the location because it is on two main roads and there isn't another library within 7 miles. Commissioner Rogers asked what the two shops will be. Mr. Padula noted that a real estate company and a music store have expressed interest. Chairman Jacobson asked Mr. the property he owns in the Library Board doesn't think hazardous equipment there. are that are on either end could not put that type of Padula why he doesn't build the library on industrial park. ~r. Padula noted that the that would be a good place because of the Mr. Jacobson asked how necessary the two shops of the library. Mr. Padula stated that he building in if he doesn't put in the shops. ~1r. Jacobson asked Mr. Padula if he has anything from the Library Board saying that they will actually lease the building for a library. Mr. Padula noted that the city has sent a resolution to the Library Board stating that we need a library. If a library isn't built in Andover by April, they will build one in Ramsey. Chairman Jacobson noted that 4 individuals phoned City Hall to state that they are in favor of the rezoning for a library. They were: Nancy Carlson, 15914 Uplander Street N.W., Byron and Debbi Gardner, 5l4-l55th Avenue, Karen Peterson, 1374 - l6lst Avenue N.W. and Debra LaFlamme, 16001 Uplander Street N.W. He also noted that we have a letter from Leon Packer stating that he fUlly supports the rezoning request. Mike Pallow, 16071 Narcissus Street N.W. - stated that he is against the rezoning. He felt that if anything i3 going to be built, it should be on the other side of Round Lake Boulevard. Del Schafer, 16021 Quay Street N.W. - also stated that he 1S against the rezoning. The property should stay residential. Mike Pallow - felt that a library would be OK but is against the shops. He asked what would happen when the library moves. Mr. Padula stated that the Library Board would lease is automatically renewed after 5 years. cnow of any place where they have moved. sign a lease for 5 years. He stated that he didn't The MOTION by Rogers, seconded by Jovanovich to close the public hearing. Motion carried. Regular Planning Commission ~1eeting October 8, 1985 - Minutes Page 3 (Padula Rezoning, Cant.) Commissioner Rogers noted that he somewhat agrees with the residents in the area; they have some rights. The library would be beneficial to the city, but there are other places where it would be acceptable. Chairman Jacobson noted that he checked with the City Attorney on this and Mr. Hawkins suggested that a Special Use Permit be granted rather than a rezoning. That way, if the library doesn't go, the Special Use Permit would be void. Mr. Padula stated that he cannot build the building unless he has the two shops along with the library. MOTION by Rogers, seconded by Jovanovich that the Andover Planning and Zoning Commission recommend to the City Council denial of a rezoning request by Frank Padula for the property described as Lot 2, Block 4, Pine Hills Addition (PIN 17 32 24 41 0014) from Residential-l to Neighborhood Business for the following reasons: 1) The residents in the area do not feel that the rezoning is appropriate; 2) The County Highway Department has indicated that they do not want an access to County Road 9; 3) The R-l zoning is correct and changing it to Neighborhood Business would conflict with the overall Comprehensive Plan; 4) The Commission finds that there is land wi thing a reasonable distance that is owned by the applicant and is properly zoned for this use; 5) Rezoning to Neighborhood Business could, if the library does not materialize, open the property to other uses which could appear on the other side of County Road 9; 6) Additional property designated Neighborhood Business is not needed at the present time because there is land available. It should also be noted that there were some people in favor of the rezoning. Motion carried unanimously. This will go to the City Council on November 5, 1985. Richard Szyplinski Special Use Permit Public Hearing (Carom. #9-85-8) Chairman Jacobson noted that we have received a telephone call from Molly Comeau of the Department of Natural Resources stating that they have no problem with this request; however, it should be called a dock rather than a deck. David Szyplinski, 15520 Potawatomi Street N.W. - noted that his father is proposing a seasonal dock meeting the requirements of the DNR. Chairman Jacobson opened the public hearing. MOTION by Rogers, seconded by Jovanovich to close the public hearing. Motion carried. MOTION by Rogers, seconded by Jovanovich that the Andover Planning and Zoning Commission recommend to the City Council approval of a Special Use Permit requested by Richard Szyplinski to build a seasonal dock on the Rum River at the property described as PIN 19 32 24 22 0005 for the following reasons: 1) It will not be detrimental to the health, safety and general welfare of the community; 2) It will not seriously depreciate surrounding Regular Plannins, _ommiss. . Meeting October 8, 1985 - Minutes Page 4 (Szyplinski Special Use Permit, Cont.) property values; 3) It is in conformance with the Zoning Ordinance and the Comprehensive Plan: 4) Comments were received from the Department of Natural Resources stating they have no problem for a dock; 5) Approval is pursuant to Ordinance 52. Motion carried unanimously. This will go to the City Council on November 5, 1985. Groundwater Heat Pump Ordinance Public Hearing (Comm. #8-85-3) Chairman Jacobson explained that this would be a new ordinance. It has been discussed at previous Planning Commission meetings and we have gotten it down to what is reasonable and proper. Chairman Jacobson opened the public hearing. Jim Hiltz - stated that the ordinance is very unreasonable. It would be better if you looked at ways of disposing of the water. A heat pump system uses 3 gallons of water per minute. Commissioner Rogers asked what the maximum water usage is. Mr. Hiltz noted that it is between 5 and 5-1/2 gpm. He also stated that a typical family uses 100 gallons of water per day per person. That amount of water is being ejected into the septic system. Chairman Jacobson asked Mr. Hiltz if he does any work in Woodbury and Grant Township, which are the only municipalities that have an ordinance of this type and if he does work there, are there any problems. Mr. Hiltz stated that he has done work in Woodbury and the only problem is the cost of the system. Chairman Jacobson noted that one of the reasons the City Council referred this matter to the Planning Commission was that there was some flooding in the northwest part of the city. There are some others in other parts of the city where the ponds are increasing to a large degree. He then asked Mr. Hiltz if he is suggesting that we allow over the grounQ systems where the water stays on the property. Mr. Hiltz replied yes; drainfields or ponding areas would be acceptable ways of disposing of the water. Scott Kneen, Geothermal Heating, Highway 10, Anoka - stated that he is a mechanical engineer and that when the price of oil when up he decided to look into the feasibility of well water heating and cooling. He then read the fOllowing statement: 'The proposed ordinance affecting water-fed heat extractors and water-fed air conditioning equipment will unjustifably penalize the present and future homeowners in Andover by making the install- ation economically not feasible. As a result, Andover homeowners will not benefit from millions of dollars in energy savings and future development will be discouraged by high energy costs. We would like to point out three areas of concern: 1) Economic feasibility; 2) Depletion of the aquifer; 3) Recycling method of water return.' Ed Wilson - stated that this same water He also stated that in January 1982 his heat pump, the highest bill was $60.00. problem occurred in 1964 and 1972. heat bill was $450.00 and with his The heat pump uses approximately Regular Planning Commission Meeting October 8, 1985 - Minutes Page 5 (Heat Pump Ordinance, Cont.) 280,000 gallons of water per year. In the summer he uses the water for his sprinkler. Mr. Wilson noted that the thing that could be causing the water problem is the dirt that was put in the swamp when the streets were put in. Bill Arsdorff, S&B Geothermal Heating - noted that he has had his system for three years. He puts the water in his garden for his geese. Ten minutes after it is shut off, the water is gone. He also noted that the closed loop system is not feasible in Minnesota as the efficiency goes down. He felt that perhaps regulating heat pumps is good because of the flooding. Chairman Jacobson asked Mr. Arsdorff what the typical lot size is where he has installed these systems. ~r. Arsdorff stated it between 1-1/2 and 2-1/2 acres and up. Chairman Jacobson asked Dave Almgren how the city feels about putting wells on city size lots. Mr. Almgren noted that they are allowed for water- ing lawns. Commissioner Rogers asked if there is any way the water could become con- taminated. Jim Hiltz stated no. The only change is the water temperature. ~udy Wicklander, Ru-Dell Builders - stated that his system drains into a 55 gallon bucket filled with rock. Mr. Jacobson felt that we should require perc tests for each lot and have someone size the system correctly. Dave Almgren noted that in the Russell/Stack Addition where the water problem is, there is a series of clay layers and he doesn't know how far down they go. The water cannot go through the clay; it perches on top of the clay. Commissioner Bosell asked how far east the clay goes. Mr. Almgren stated that it probably goes to Seventh Avenue and about a half mile south of County Road 58. Chairman Jacobson suggested that some language could be put in the ordinance that would give Dave the authority to require per tests. Del ?, Econar, Inc., Fridley - stated that his company builds heat pumps. He noted that the ordinance is more or less a duplicate of the Woodbury ordinance, where they had a problem in the winter because the system drained across a street and the water froze. The problem in Wood- bury is because it's hilly and mostly all clay. He also noted that some of the ponds in Andover are enlarging. The rnethod of removing the water should be looked at. He also stated that he is opposed to the closed loop system. He also suggested changing Section 1 of the proposed ordinance to include 1 provision for testing of the soils. City size lots will have storm sewers which go out to natural waterways. He stated that the Rice Creek Watershed requires that a person obtain a permit if they drain more than 50 gpm. Regular Plannins _ommiss_ . Meeting October 8, 1985 - Minutes Page 6 (Heat Pump Ordinance, Cont.) Mr. Hiltz noted that the Coon Creek Watershed requires calculations and ponding areas if the water table if affected to a degree of 6 inches. Any- thing under that, they just look at. Dave Peterson, 16732 Argon Street N.W. - asked if there is an ordinance that prohibits the discharging of water onto someone else's property. Commissioner Bosell stated that there is such an ordinance. MOTION by Bosell, seconded by Rogers to close the public hearing. Motion carried. Chairman Jacobson stated that since everyone has the same concern, he will put something together that.will satisfy the contractors arid installers. Two things of concern would be that we don't want any water discharging into the sanitary sewer or the storm sewer, and utilizing the building official's authority to require a perc test or soil borings. This item will be continued at the October 22nd meeting. Recess 9:20 P.M. - Reconvene 9:30 P.M. Ordinance 46, Section 3A Discussion (Comm. #9-85-9) Chairman Jacobson noted that according to the Building Official, if a person ~as a 4 foot high above ground swimming pool, a fence is not required. Mr. Jacobson disagrees with that. Commissioner Bosell felt that on an above ground pool, the pool itself is the fence. Mr. Almgren noted that he generally tells people who are installing an above ground pool that they should have removable steps. Mr. Jacobson stated that he would probably be in favor of having a removable ladder as a requirement for above ground pools. Mr. Algren suggested the following wording: 'All outdoor pools hereafter constructed shall be completely enclosed by a fence or wall so as to be inpenetrable by toddlers, and a minimum of four feet in height, except that above ground pools with a side wall height of at least 4 feet need not be fence but shall have removable steps.' Chairman Jacobson suggested the following wording: 'All above ground swimming pools need not be fenced; however, they shall be equipped with ladders that can be detached or raised so they cannot provide access to toddlers.' The secretary will type the two suggestions for the October 22nd meeting. Green Acres Sketch Plan (Comm. #10-8~-1) :hairman Jacobson noted that Lot 12 needs to be 15 feet wider because it is a corner lot. Also, the lot way over on the right side of the plat looks less than 150 feet deep. Regular PlanninS. ..:ommiss. 1 Meeting October 8, 1985 - Minutes Page 7 (Green Acres, Cont.) Ken Gust - stated that the lots on the right side of the plat would only meet the requirements if Dahlia Street were construction. ~lr. Jacobson felt that if Dahlia Street were not vacated, you could bring l4lst Lane all the way through. Commissioner Bosell noted that the wetlands map shows Dahlia Street ~s in a swamp. Mr. Gust noted that these lots are not all 20,000 square feet, but there was talk when this was brought in previously that they could possible the same as the lots on 142nd Avenue. Mr. Jacobson felt that one lot on the north and one lot on the south could be eliminated to make the other lots meet the 20,000 square foot requirement. He stated that he would prefer to see the lots all 20,000 square feet. Commissioner Rogers agreed, stating that if the area around this is 20,000 square foot lots, this would also be 20,000 square foot lots. Ms. Bosell noted that the last time this sketch plan came in, the concern was to match up the lot lines. The concensus was to go with the narrower lots. She asked Mr. Gust how wide the street is. Mr. Gust stated that it is 60 feet. Ms. Bosell noted that he could go down to 50 feet. Commissioner Jovanovich agreed that the lot lines should match. MOTION by Rogers, seconded by Jovanovich to adjourn. Motion carried. Meeting adjourned at 10:20 P.M. Respectfully submitted, u-u Vicki Volk Commission Secretary