HomeMy WebLinkAboutJanuary 22, 1985
~ 0& ANDOVER
REGULAR PLANNING AND ZONING COMMISSION MEETING
JANUARY 22, 1985
AGENDA
Call to order - 7:30 P.M.
Swearing-In Ceremony
Approval of Minutes - January 8, 1985
1. Comm. #1-85-1
2. Comm. #1-85-3
D. W. Harstad Company Rezoning Public Hearing
3. Comm. #12-84-1
Jeffrey Johnson Lot Split
Ord. 8, Sec. 6.02 (Townhouses/Condos/Apartments)
~ 0& ANDOVER
REGULAR PLANNING AND ZONING COMMISSION MEETING
JANUARY 22, 1985
MINUTES
The regularly scheduled Andover Planning and Zoning Commission meeting was called to order
by Chairman Don Jacobson at 7:30 P.M., Tuesday, January 22, 1985 at the Andover City Hall,
1685 Crosstown Boulevard N.W., Andover, Minnesota
Commissioners Present:
Commissioners Absent:
Also Present:
Apel, Jovanovich, Spotts, Rogers
Bosell
City Engineer Jim Schrantz; City Building Inspector, Dave Almgren;
Jeffrey Johnson; Dick.Johnson; others
Swearing-in Ceremony
City Engineer Schrantz administered the oath of office to the Planning Commissioners who
were present.
Approval of Minutes
January 8, 1985
MOTION by Apel, seconded by Jovanovich to approve the minutes of January 8,1985 as presented.
Motion carried.
D.W. Harstad Rezoning Public Hearing (Comm. #1-85-1)
~hairman Jacobson noted that the current zoning on the subject property is residential and
~he request is to rezone it to Limited Industrial. Some of the things that can be done in
a Limited Industrial district are service industries, industries which manufacture, fabricate,
assemble or store, where the process is not likely to create offensive noise, vibrations, dust
etc. Also, under our current ordinances you could have liquor, auto and truck wash, service
stations.
Dick Johnson, Secretary-Treasurer for D.W. Harstad Company - noted that they have been
located in Fridley for the past 32 years and the area is becoming too crowded and commercial-
ized. They are not a large contractor, having only two small dozers, a couple of dump
trucks, some masonry equipment and small scaffolding. He stated that the property is owned
by a Mr. Cochran, who has been trying to sell it over the last 25 years as a residential
development. Mr. Cochran has found that because of the railroad tracks, the high flood
plain, and the amount of land that can't be used because of the gas line he can't sell it
as residential property. They (D.W. Harstad) are hoping to relocate. The storage yard
would be as far back on the property as possible. He also noted that the property to the
east will remain residential.
Chairman Jacobson opened the public hearing portion of the meeting.
Paul Mazzei, 935 Andover Boulevard - Asked Mr. Johnson why they are buying residential
property when they plan to put in a business. Mr. Johnson noted that he has been told that
the City Council is not opposed to rezoning property by the railroad tracks. Mr. Mazzei
asked what will happen to the rest of the property to the east. Mr. Johnson stated that
the property he plans to buy goes over to the creek. He also noted that his purchase
agreement is contingent upon the rezoning being approved. Mr. Mazzei stated that one of
lis biggest concerns is that more businesses would move into that area. He noted that he
owns 7! acres across the road from this property. If that property is rezoned it could
become another junkyard.
Regular Planning COI 3sion ling
January 22, 1985 - Minutes
Page 2
(D.W. Harstad Rezoning, Cont.)
,hairman Jacobson noted that junkyards are no longer allowed in the city. The only thing
that is allowed is the sale and storage of used auto parts where no cars are taken apart
on the property.
Mr. Mazzei asked Mr. Johnson what their future plans are for the business and if they will
be coming back and asking for another rezoning on the property to the east. Mr. Johnson
stated that his only intention is to relocate the business; he stated that the area could be
developed further in the future. Mr. Mazzei asked how long it would be before the company
needed to have sanitary sewer. Mr. Johnson stated that he has no intention of requesting
sanitary sewer.
Mr. Mazzei presented a petition from the people in the area noting that they are all against
the rezoning. Chairman Jacobson noted that for the record, the petition is dated January
15, 1985 and reads: 'Residents of Andover opposed to the rezoning of property described on
attached letter.' There are 46 signatures and the majority are owners of property on 146th
Lane and Andover Boulevard.
Russ McGlenn, 14861 Prairie Road - asked if the industrial park on 161st Avenue is zoned
Limited Industrial. Chairman Jacobson noted that it is. Mr. McGlenn asked Mr. Johnson why
he couldn't relocate to the industrial park since it's already zoned LI. Mr. Johnson
stated that he wants to relocate himself as well as his business. He looked at the LI
property south of Andover Boulevard that is zoned LI but doesn't want to be by the junkyards.
Pat Anstett, 720 Andover Boulevard - asked Mr. Johnson if he has had an opportunity to look
elsewhere. Mr. Johnson stated that the property in question is where he would like to
'elocate. He didn't feel his request was unreasonable. If the rezoning doesn't go through,
ne will look elsewhere. Ms. Anstett asked if it was not true that this property was the
least expensive that Mr. Johnson could find. She also noted that she personally attempted
to buy that property but found that she could only buy it as an 85 acre parcel. She objected
to. any residential land being changed to industrial/commercial. People moved out to the
country because they like the country way of living. This is land that should stay residential.
Allen Chapman, 14212 Prairie Road - noted that he is against the rezoning. He also stated
that Andover is still a developing community. A lot of time was spent in rezoning the city
and urged the Planning Commission to go by the zonings that are already in effect. He noted
that he lives behind the property and last summer there was an enormous amount of pipes
being unloaded there. The noise of the unloading disturbed them. It affects limited
neighbors now but the community is growing.
Dave Grorud, 14545 Palm Street N.W. - regarding the uses that are allowed in a Limited
Industrial area, Mr. Grorud stated that despite the good intentions of Mr. Johnson, the
decision should be made if we want these uses in that area. The Comprehensive Plan for the
city should not be outdated unless all the other LI areas are over-developed. He also noted
that there are at least 15 new homes in that area that were built within the last two years
and they have a total valuation of over a million dollars. He didn't see where rezoning
this property would benefit the city.
Chairman Jacobson noted that we are not considering the specific use that the property vlill
be used for, only the rezoning.
Russ McGlenn - noted that he helped his father-in-law, Faye Barnes, sell his property that
is in that area and he asked the people who bought it if they had any negative feelings
about the railroad tracks and they noted that they do not even know they are there.
Regular Planning Commission Meeting
January 22, 1985 - Minutes
Page 3
:D.W. Harstad Rezoning, Cont.)
Richard Schneider, 1343 Andover Boulevard - stated that he is opposed to that
being rezoned because we should protect the people that are now living there.
never have to worry about what is going to be in the area.
Liz Kirkeide, owns Lot 7 which borders on the railroad tracks - she noted that besides
being by the tracks, the back part of her property is low. She stated that she can't imagine
that someone would want to park their trucks there. She also stated that the land by the
railroad tracks is not objectionable to her at all.
property
They should
Sev Brenny, 665 - 148th Lane N.W. - asked if sewer has to be brought in if the property is
developed as Limited Industrial.
Commissioner Spotts stated that according to the Metropolitan Council, that area is not in
the sewered area prior to the year 2000.
Paul Mazzei - in the event he was to develop this property and the DNR tells us the creek is
becoming polluted and the fish are dying, will that move the sewer faster. Commissioner
Spotts stated that we have no control over that.
Chairman Jacobson explained that the Metropolitan Council gives us so much flowage out of
this area. We can shift the lines but we can't go outside of them. The City Council has
taken the position that the sewer will not go beyond the creek.
Paul Mazzei is concerned about this property because as it is now, the city makes the news-
!aper about three times a year, for our tire king and our water that glows in the dark.
Dan Langley, 14655 Sycamore Street N.W. - asked what happens after this meeting. Chairman
Jacobson explained that the Planning Commission will make a recommendation to the City
Council either to approve or deny the request; then on February 19th, the City Council
will discuss the rezoning and make the final decision.
Keith Jensen, 14705 Palm Street N.W. - asked Mr. Johnson if he could live in a different
location than where the business is located. Mr. Johnson stated that he could do that but
he would like to have his home by the business. He would like to be able to walk to work
rather than driving twenty miles.
Mr. Mazzei asked what the weight is of one of the dump trucks with one of the dozers loaded
on a trailer. Mr. Johnson noted that it is less than 7 tons. He noted that he has to follow
the road restrictions that are on the roads.
Dave Grorud - noted that if he sells the property to someone else, that person may not be
concerned with the road.
Pat Anstett asked Mr. Johnson if he has contacted the Coon Creek Watershed Board for their
approval on this. Chairman Jacobson stated that the Watershed Board does not need to be
notified on a rezoning. If Mr. Johnson plans to do anything on their easement or in the
floodway, then he would need to contact them. Ms. Anstett asked if there was anyone present
other than the applicant who is in favor of the-rezonin~ No one responded.
~OllOB by Roqers, seconded by Spotts to close the public hearing. Motion carried unanimously.
~ommissioner Jovanovich asked if it would be possible that the oil from the trucks and other
machines would pollute the ground. Mr. Johnson didn't feel that his machines were any
different than a farmer's tractor andiwouldinot create any problems.
Reoular Plannino Co, ssion ling
January 22. 1985 - Minutes
Paae 4
(D.W. Harstad Rezoning, Cont.)
~ommissioner Spotts questioned that with the current zonino, could Mr. Johnson park his
machinps on that propertv. Commissioner Rogers stated that accordino to the ordinance. he
would not be able to park construction equipment on a residential parcel.
Commissioner Spotts asked Mr. Johnson how many kinds of heavy equipment he currently has
and how many more machines he plans to accummulate in the next five years. Mr. Johnson
stated that his ability to drive on that road is the same whether he has his~uSTness-'n
the city or not. He only needs to follow the weight restrictions on the road.
Commissioner Rogers asked what type of buildinq Mr. Johnson would put up if the rezoninq
is approved. Mr. Johnson stated that because he is a masonry contractor) it would look
sillv for him to outlUpia pole building.
MOTION by Apel. seconded by Spotts that the Andover Planning and Zoning Commission recommpnd
t.othe City r:ouncil disapnroval of the request of D.W. Harstad Company for the rezoning of
the property described as 'A part of the East half of the Southeast Quarter of Section 26,
Township 32. Range 24, in the City of Andover. Minnesota, described as follows: Beginning
at the intersection of the north line of said SOIJtheast Quarter and the easterlv rioht-of-way
of the Burlinoton Northern Railroad Company; thence east along the north line of said
Southeast Ouarter 100.00 feet; thence southerly parallel with said easterly right-of-way
350.00 feet; thence easterly parallel with said north line of the Southeast Quarter 400.00
fee; thence southerly parallel with said easterly right-of-way 2080 feet to the center of
County Ditch No. 57; thence southwesterly to a point on the south line of said Southeast
Ouarter distant 250.00 feet east from said easterly right-of-way; thence westerly alona
said south line 250.00 feet to said easterly right-of-way line: thence northerly, easterly
lnd northerly along said easterly right-of-way to the point of beginning. Subject to an
easement for roadway purposes over CSAH No. 16, also subject to an easement for utility
purposes runnino in favor of Northern Natural Gas Company. Containing 27 acres more or lessl,
for the following reasons: 1) The Planning Commission spent quite a while going over the
city of Andover a few vears aao and did the best we could at that time to set aside zones
for this type of operation. There is a larqe area south of this site that is alreadv zoned
Limited Industrial with land available; 2) It is not in harmony. with the general purpose
and intent of the zoning ordinance and the Comprehensive Plan. A public hearinq was held.
There was heavy opposition to the rezoning.
Motion carried unanimously. This will 00 to the City Council on Februarv 19. 1985.
Jeffrev~o.b.!!son Lot-2p li t-.l Comm -=--#l:.8~31
Chairman Jacobson explained that Mr. Johnson is requesting a lot split on a parcel of land
that is south of Andover Boulevard on Prairie Road.
Jeffrey Johnson - noted that he built a new house on the property this past summer and would
noW-llke-ro-SpTlt the lot and build another house.
Chairman Jacobson stated that he calculated the acreaqe of the two parcels. One would be
2.124 acrps (the narcel with thp existing hou~e) and the othpr wnuld be 2.168 acres. If
thp lot split is granted. a variancp is needed hecausp the ordinance requir~ 2t acres for
each parcel. He also noted that there is a shortage on the frontagp which reqllire anothpr
variancp. He noted that this parcel was a part of a 10 acre parcel that was split. Because
Prairie Road was upgraded, the parcel is not quite 5 acres.
Dave Almgren noted that because Prairie Road was upgraded, there is nothing Mr. Johnson
can do to increase the size of his property to make it comply with the ordinance.
Regular Planning Conll"lssion hc.o~ing
January 22, 1985 - Minutes
Page 5
(Jeff Johnson Lot Split, Cont.)
Commissioner Rogers asked why the easements are different on the same road, making part of
the road wider than the other. Dave Almgren noted that in 1979 the riqht-of-wav was 120
feet and when the rest of the roaa was-oone, the right-of-way was only 66 feet.
MOTION by Spotts, seconded by Rogers that the Andover Planning and Zoninq Commission
recommend to the City Counci.l approval of a lot spl it and two variances requested by
Jeffrey Johnson of 14370 Prairie Road for the following reasons: 1) Pursuant to Ordinance
8, Section 5.04 a hardship is created because the property is not 5 acres; 2) it is within
the gu i del ines of the Comprehens ive Pl an; 3) It will not be detrimental to the health,
safety or general welfare of the community; 4) A variance is also recommended for the lot
frontage on each parcel. one being 268.97 feet and thp. other heing 260.71 feet. which is
less than the required 300 feet.
The lot split is subject to a park dedication fee of $100.00.
Motion carried unanimouslv. This will go to the City Council on February 19, 1985.
Recess 8:55 - Reconvene 9:05
Ord i nance h Secti o!!_6.:.Q2 -1Townhouses/Condos/ A~rtmentsl1 Comm~#Jl-84-11
The City Council joined the Planning Commission at this time for discussion on this item.
Chairman Jacobson noted that there are only two differences between what the Planning
Sommission worked out and what the City Engineer worked out. One difference is that the
,Jlanning Commission is recommending that a PUD not exceed 100% of what would be obtainable
if sinqle family criteria were used. Jim suggested that the density be 25%. Jim also
added more classifications for different kinds of units, whereas the Planning r.ommission
has less. The Planning Cnmmission also changed the square footages of the units in R-l,
R-2, R-3, R-4 and R-5 to 960 square feet for one family homes and for 2 or more family
homes. Also added were requirements for garages in the R-5, M-l and M-2 districts.
Mayor Windschitl asked what the PUD/SUP under R-4 means, what is the square footage? Mr.
Schrantz stated that we don't know that because the Council hasn't decided what it should
be.
Chairman Jacobson felt it should be 8,550 square feet.
Councilman Knight noted that at the Council meeting. they talked about having a minimum
nlJmbp.r of i'lcrp.s fnr a PUD. A 1 so di scussed was having an overall density.
Councilman Ellinq also noted that the Council had talked about averaging out the square
footages on condominimums. Councilman Lachinski agreed with averaging as there are some
people who want a one bedroom apartment that is less than 960 square feet. He asked if
we care what's inside the building as long as the averaqe square footage is 960.
Discussion centered on the minimum number of acres required for a PUD with Councilman
Knight expressing a desire to have 10 acres. Councilman Elling didn't want to have PUDs
coming in on parcels of 3 or 5 acres. Councilman Orttel stated that if you go to 10 acres,
commercial PUDs would not work as we would want smaller lots in a commercial PUD. He
11so suagested that we not allow a PUD in the rural area. Chairman Jacobson felt that a
PUD in the rural area would be a good thing.
The Mayor questioned the density and if we use gross acreage, gross acres less anything
under the 100 year flood level or net acres minus roads. Taking Lary Carlson's olat, if
Renular Planning Commission Meeting
January 22, 1985 - Minutes
Page 6
'Ord.8, Section 6.02, Cont.)
you take gross acres, you come out with 3.1 units per acre.
Chairman Jacobson noted that he would not want to include anything that is unbuildable.
It was the concensus that the minimum number of acres for a Planned Unit Development
would be 5 acres. It was also agreed that the following sentence would be put on the
bottom of the sheet and take off what is there now. "In no case shall a Planned Unit
Development exceed a density of 4 units per acre minus all areas below the 100 year
flood level." Also added will be: 'The minimum area for a Planned Unit Development shall be
no less than five (5) acres.'
The secretary was directed to have a public hearing notice published for this item with
the public hearing being held on February 12th.
MOTION by Rogers, seconded by Apel to adjourn. Motion carried unanimously.
Meeting adjourned at 10:10 P.M.
Respectfully submitted,
I;L; ;' fb
-{f-{kivM)- - - - -
~ommission Secretary