HomeMy WebLinkAboutJune 26, 1984
Call to order - 7:30 P.M.
Approval of Minutes
l. Comma #5-84-1
2. Comma #6-84-1
3. Comma #6-84-2
4. Comma #6-84-3
5. Comma #6-84-4
6. Comma #6-84-5
7. Comm. #6-84-7
8. Comma #6-84-6
~ 01 ANDOVER
REGULAR PLANNING AND ZONING COMMISSION MEETING
JUNE 26, 1984
AGENDA
D. King Rezoning, Cont.
Kottke's Bus Service Special Use Permit Public Hearing
Andover Pet Cl i nie Special Use Permit Pub He Heari n9
Richard Szyplinski Variance
Dale Howard Variance
Syl via Britton Lot Split
Dick Carson Variance
Discussion - Temporary Migrant Worker Housing
~ 01 ANDOVER
REGULAR PLANNING AND ZONING COMMISSION MEETING
JUNE 26, 1984
MINUTES
The regularly scheduled Andover Planning and Zoning Commission meeting was called to order
by Chairman spotts at 7:33 P.M., Tuesday, June 26, 1984 at the Andover City Hall, 1685
Crosstown Boulevard N.W., Andover, Minnesota.
Commissioners Present: Ape1; Bose11; Perry; Rogers; Jacobson
Commissioners Absent: None
Also Present: David King; Jim Martensen: Chuck Peterson; Dr. Hartman;
Richard Szyplinski; Dale Howard, Sylvia Britton; Dick Carson;
City Engineer, James E. Schrantz; others
Chairman Spotts noted that Arlan Knutson has resigned from the Planning Commission.
D. King Rezoning, Cont. (Comm. #5-84-1)
Chairman Spotts noted that the City Council referred this item back to the Planning
Commission to give Mr. King an opportunity to revise his plans and provide for some kind
of residential development on the south part of his property.
Dave King, 6604 - 153rd Lane N.W. - explained that the front half of the property will be
General Business and the back part will be for duplexes.
Chairman Spotts questioned if this would then become two rezonings plus a lot split.
Dale Strassburg, 3422 - 136th Lane N.W. - presented a petition from 45 residents in Chapman's
Addition who are all opposed to the rezoning to General Business for the purpose of a car
wash.
Chairman Spotts also noted that the Planning Commission has received a letter of opposition
from Pastor McKinley of Grace Lutheran Church.
Kathy Stoll, 13614 Poppy Street N.W. - presented a petition signed by the parents of children
who attend the Golden Rule Day Care Center at Grace Lutheran Church opposing the car wash.
Chairman Spotts asked Mr. King how many employees he is considering. Mr. King noted that
it would depend upon the volume of business; however, other car washes usually have between
six and 10 employees.
Commissioner Apel felt that the major problem is that this is the wrong area for General
Business zoning.
Mr. King noted that at the City Council meeting, it was mentioned that perhaps they could
approve a contract zoning.
~ommissioner Bose11 asked if the north dimension of the property is 152' x 267' and the
,outhern part is 267' x 178'. Mr. King noted that it is.
Regular Planning Commission Meeting
June 26, 1984 - Minutes
Page 2
(D. King, Cont.)
Commissioner Bosell felt that this could be a Planned Unit Development because it's a
mixed use on a single piece of property. She asked if the General Business zoning is the
problem or the use. If it's the General Business zoning, the better way to deal with that
is to change what is allowed in a Neighborhood Business district.
Commissioner Perry noted that if we go with that idea, we will be doing what we said we
don't wnat to do (writing rules to meet a specific situation).
Commissioner Bosell asked the Commissioners if they thought that it was the rezoning or the
use that was objectionable. They all felt that it was the rezoning to General Business.
Commissioner Bosell noted that Mr. King could ask that this item be continued and go back
to the City Council to ask them to consider changing the ordinance to allow this in some zone
other than General Business.
Karen Strassburg, 3422 - 136th Lane N.W. stated that she gets a bad feeling about rezoning
the property to General Business and having the southern portion residential.
Gary Stoll asked how they can build a home when the street frontage will only be the width
of a normal driveway. He also noted that residential zoning is fine, but he doesn't want
to see any multiples in there. He did feel that doubles would be acceptable but nothing
bigger than that.
Commissioner Bose11 asked Mr. Stoll if he would agree to a car wash being allowed in a
Neighborhood Business zone. Mr. Stoll stated that he would not want that because a car wash
is too noisy and generates too much traffic.
Commissioner Jacobson noted that he is not against changing things, but felt that a car
wash belongs in a different area. It could go into a shopping center district.
Jim Martensen - noted that he has talked to the Shopping Center people and they don't have
room for a car wash.
David King stated that what it boils down to is that the Planning Commission doesn't want
a car wash, it's not the rezoning that is objectionable.
Commissioner Apel felt that the property should be left as Neighborhood Business.
Jim Martensen suggested that the city vacate the $40,000 in assessments on that property and
dedicate it as a park.
Mr. King noted that he could put an A & W drive-in restaurant without changing the zoning.
Commissioner Bosell asked if he put in a service station, which is allowed by Special Use
Permit in NB, if he could put in a car wash also. Chairman Spotts noted that that could be
done.
,r. King again stated that it could be contract zoned and if the car wash doesn't go in for
some reason, it would revert back to Neighborhood Business.
Commissioner Apel stated that when the City Council sent this back to the Planning Commission,
Regular Planning and Zoning Commission Meeting
June 26, 1984 - Minutes
Page 3
\D. King Rezoning, Cont.)
they asked that Mr. King and Mr. Martensen talk to the people in the neighborhood to see what
they would agree to.
Mr. Martensen noted that when he tried to talk to the people in the neighborhood, he didn't
get any response.
Commissioner Bosell asked if the request could be withdrawn by Mr. King and then he could
come back with a Planned Unit Development.
Commissioner Perry stated that if it came back as a PUD we would be back to the same situation
as before. There is land across Bunker Lake Boulevard that is available for a car wash and
when there is space already available in the city that is not being utilized, she has a
problem changing existing zoning to accommodate something.
Mr. Martensen again stated that they have talked to the Shopping Center people about a car
wash.
Karen Strassburg - noted that she was told a car wash is possibly going into the Shopping
Center.
Commissioner Bosel1 told Mr. King that he could withdraw his request and come back with
something else because if it goes to the Council and is denied, Mr. King cannot request
that same rezoning for one year.
Mr. King stated that the City Council told him to come back with this proposal and he has
done that. Mr. Martensen then noted that if they came back with full neighborhood support,
he didn't think the Planning Commission would do anything different than what they are doing
now.
Commissioner Perry stated that if they came in with a PUD and could convince her that that
is the best use for that property she would consider it.
Mr. Martensen stated that Bunker Lake Boulevard and Round Lake Boulevard are the busiest
streets in the City and that would be an ideal location for this business.
MOTION by Jacobson, seconded by Apel that the Andover Planning and Zoning Commission recommend
the following: The Planning and Zoning Commission has reviewed additional documents from Mr.
D. King for rezoning from Neighborhood Business to General Business and have listened to
comments from the neighborhood and have accepted a letter in opposition from the Lutheran
Church and a petition from approximately 35 neighborhood residents against the rezoning and
after extended discussion on the matter, the Planning Commission finds that its original
motion on the matter is still its position.
Motion carried on a 5 yes, 1 no (Bosell) vote. This will go to the City Council on July
11, 1984.
Commissioner Bosel1 noted that she voted no because it reverted back to the original motion
and she voted no on that motion. She noted that she agrees that the major concern is the
~eneral Business zoning. If you go through what is allowed in General Business, there are
lery few things that could be put on that property.
Recess 8:50 P.M. - Reconvene 9:10 P.M.
Regular Planning Commission Meeting
June 26, 1984 - Minutes
Page 4
~ottke's Bus Service Special Use Permit Public Hearing (Comm. #6-84-1)
Chairman Spotts opened the public hearing.
Chuck Peterson, 13625 Jay Street N.W. - stated that his request is to install a 10,000 gallon
tank for heating oil only.
Rich Larson, Fire Marshal - noted that the Fire Department sees no problem with it as long
as it's put in in accordance with the building code and the fire codes.
Mr. Peterson noted that it has to be properly vented and no parking of vehicles will be
allowed on top of the tank.
Commissioner Bosell noted that there was a similar request some time ago and the applicant
had to provide plans for the Building Inspector and the Fire Marshal. She also noted that
Mr. Peterson has to prove that there will be no water or soil contamination from the oil in
the tank.
Mr. Peterson stated that it will be a steel tank which will be tested and re-blackened. He
also stated that when they put in the other two tanks that are on the property. they had the
permission of the State Fire Marshal. He then noted that the location for the tank that is
shown on the drawing is not where they intend to install it.
It was noted that the exact location should be known so that the city knows where it will be
located.
Mr. Larson explained that there have been problems in the last few years with tanks leaking;
that is why we need to go through all of this.
MOTION by Jacobson, seconded by Rogers to table this item to the next regularly scheduled
meeting.
Motion carried unanimously. This will be continued on the July lOth Planning Commission
agenda.
Andover Pet Clinic Special Use Permit Public Hearing (Comm. #6-84-2)
Chairman Spotts opened the public hearing.
Dr. Daryl Hartman. 7245 Highway 10 - stated that his request is to open an out-patient
facility in the Shopping Center in the second space from the north.
Commissioner Bosell noted that Dr. Hartman signed his lease today with the Shopping Center
people. They told him that they intend to break ground on July 1st.
Dr. Hartman noted that there will be no overnight stays. If an animal needs additional care,
they will be transported to one of their other clinics.
Chairman Spotts asked if the Shopping Center people had given him a time limit as to when
'he building would be ready. Dr. Hartman stated that it will be ready on January 1st and
chey intend to open on February 1st.
MOTION by Jacobson, seconded by Apel to close the public hearing. Motion carried unanimously.
Regular Planning Commission Meeting
June 26, 1984 - Minutes
'age 5
(Andover Pet Clinic SUP, Cont.)
MOTION by Apel, seconded by Bosell that the Andover Planning and Zoning Commission recommend
to the City Council approval of a Special Use Permit requested by Dr. Daryl Hartman to
operate an outpatient pet clinic in the new shopping center in the space as shown on a site
plan that was reviewed by the Commission, in accordance with Ordinance 8, Section 7.03.
Approval is based on the following reasons: 1) It will not be detrimental to the health,
safety or general welfare of the community; 2) It will not adversely affect traffic conditions;
3) It is in comformance with the Comprehensive Plan.
The Special Use Permit is issued subject to an annual review. A public hearing was held; there
was no opposition. The Special Use Permit will be effective on the date of occupancy.
Motion carried unanimously. This will go to the City Council on July 11,1984.
Richard Szyplinski Variance (Comm. #6-84-3)
Dick Szyplinski, 10930 Crooked Lake Boulevard - noted that he owns Lot 9 in Rum River Forest,
which is on the river. Last year he constructed a stairway going down to the river and a
12' 14' dock. The dock was washed away once and he ended up with what he now has and the
Department of Natural Resources doesn't like it.
Commissioner Bosell noted that she met with Mr. Szyplinski, along with the DNR, in July of
1983 and Mr. Szyplinski was told at that time where he could put his deck. The DNR told him
that it could be 5' x 5'. He chose to put in what he did and did not even get a building
permit. Commissioner Bosell told Mr. Szyplinski that she didn't know why he is here this
evening unless it's to pay for his building permit. She also noted that the bank where the
stairway and deck are is washing away.
Chairman Spotts noted that there is a letter from the DNR dated October 31,1983 that indicates
something about bank erosion. There is also a letter from the DNR dated May 14, 1984 stating
that the city or Mr. Szyplinski have done nothing to correct this situation. In a letter
dated May 20th, there are a number of items that the DNR says you have not complied with.
Harvey Fisk - noted that Molly from the DNR is in complete accordance with Mr. Szyplinski.
He also stated that someone should start having some empathy for the land owners instead
of the canoeists who cut down their trees and throw beer cans in the river. He asked that
Mr. Szyplinski be allowed to have his deck as this is not the wild scenic jungle. He asked
why they are being charged extra taxes for the property on the river when they can't do
anything on it.
Commissioner Jacobson noted that their problem is with the State Legislature; they are the
ones that made this law.
Commissioner Bosell asked Mr. Szyplinski why he didn't check with the DNR before he built
the deck and why he didn't get a building permit.
Mr. Szyplinski stated that he has 350 feet on the river and he can't even go down to the
iver and fish.
Commissioner Jacobson felt that this item should be tabled because in their last letter, the
DNR suggested some king of compromise (a modified landing).
Mr. Szyplinski noted that the DNR is going out to the lot on Th~nsday.
Regular Planning Commission Meeting
June 26, 1984 - Minutes
Page 6
,Szyplinski Variance, Cont.)
Commissioner Bosell noted that the DNR will make a recommendation, the city will act on it
but the DNR will have the final say.
MOTION by Jacobson, seconded by Apel to table this item to the next regularly scheduled
meeting.
Motion carried unanimously. This item will be continued on July 10th.
Dale Howard Variance (Comm. #6-84-4)
Dale Howard, 18200 Eidelweiss Street N.W. - stated that he spoke to Pat Lindquist regarding
a lot on Crooked Lake Boulevard that is 120' x 180' that he would like to put a twin home
on. As this was a lot of record prior to the adoption of Ordinance 8T, Mrs. Lindquist thought
he possibly could put a twin home on it. Mr. Howard noted that there would be 20,500 square
feet of land for the house to be built on.
Commissioner Jacobson asked if there are sewer stubs for the property.
City Engineer Schrantz stated that there probably is one.
Commissioner Bosell asked Mr. Howard if it would be possible to work with the property owner
to the south and plat the parcels. Mr. Howard stated that the owner is asking too much for
his property; however, if he would participate in platting, Mr. Howard stated he would like
that idea.
Chairman Spotts asked whether a twin home can be built in that area. It was noted that if
the variance is granted and he obtains a Special Use Permit, he can build a twin home.
Commissioner Jacobson asked if there are any other twin homes in that area. Mr. Howard noted
there are some about two blocks away.
Chairman Spotts explained that in order to grant a variance, there has to be a hardship due
to the land. Mr. Howard noted that Mrs. Lindquist had said that it doesn't make sense to
build a single family home on that large a parcel of land when you can put a twin home there.
Commissioner Bosell felt that the best idea would be to work with the property owner to the
south to construct a street from Crooked Lake Boulevard to Gladiola Street. If that is
done, perhaps there would be enough room for 4 twin homes.
Commissioner Perry felt that if the city allows Mr. Howard to build a twin home there, it
might create a problem for future development.
Chairman Spotts didn't feel that there is a hardship on the land.
Mr. Howard asked that this item be continued at the next meeting so he could check on his
alternatives.
~OTION by Jacobson, seconded by Rogers to table this item to the next regular agenda.
,otion carried.
Regular Planning Commission Meeting
June 26, 1984 - Minutes
Page 7
Sylvia Britton Lot Split (Comm. #6-84-5)
Commissioner Jacobson asked Ms. Britton how many square feet of high dry land there is for
building.
Sylvia Britton. 17725 Ward Lake Drive - stated that there is 50,000 square feet.
Chairman Spotts asked Ms. Britton if she intends to build on the other lot. She replied that
she plans to sell it.
City Engineer Schrantz noted that he looked at the John Vig request for a lot split, which is
in the same area, and Ms. Britton experiences some of the same problems, bad soils. According
to the soils map, there is only 28,000 square feet of high dry land.
Commissioner Bose11 noted that the property could be filled to eliminate that problem or the
line for the lot split could be moved.
Ms. Britton will have the line redrawn so that the other parcel contains 39,000 square feet
of high dry land.
MOTION by Bosel1, seconded by Apel that the Andover Planning and Zoning Commission recommend
to the City Council approval of a lot split for Sylvia Britton on the property described as
The South 330 feet of the West 800 feet of the Northwest 1/4 of Section 2, Township 32, Range
24 in Anoka County, Minnesota, as measured along the West and South lines respectively of
said Northwest 1/4 (subject to the right-of-way of Ward Lake Drive as it is now laid out and
travelled along the west and south lines of said Northwest 1/4) for the following reasons:
1) Under Ordinance 40, Section III (C), the requirements are that it be in conformance with
the City's Comprehensive Plan. does not interfere with orderly planning, is not contrary to
the public interest and does not nullify the intent of this ordinance. This request is
compliant in all of those areas; 2) Ordinance 40C requires that the lot meet or exceed
the requirements for a platted lot. This lot is compliant with that request.
Approval is contingent upon each lot having a minimum of 39,000 square feet of buildable land.
The lot split is subject to the park dedication fees pursuant to Ordinance 40B. The park
dedication in regard to Birch Ridge needs to be clarified to determine the amount for the
park dedication fee for this lot split.
Motion carried unanimously. This will go to the City Council on July 11,1984.
Dick Carson Variance (Comm. #6-84-7)
Mr. Carson is requesting a variance from the city standards for blacktop streets so that
he can build a house on a five acre that is served only by an easement. He would like to
be able to construct the easement with Class 5 instead of blacktop.
Commissioner Bosel1 asked who owns title to the easement. Mr. Carson noted that they do.
Commissioner Jacobson asked if there is actually a road in there now that is being used. Mr.
Carson noted that there is and they use it. The road has Class 5 for a couple of hundred
feet and then it's sand the rest of the way.
Commissioner Bosell noted that if the easement is dedicated to the city, a variance could
be granted for the blacktop.
City Engineer Schrantz asked if it could be a private driveway.
Regular Planning Commission Meeting
June 26, 1984 - Minutes
Page 8
\Carson Variance, Cont.)
Commissioner Bosell noted that it could not be a private driveway because the parcel doesn't
have access on a public street that is maintained by the city.
It was suggested that Mr. Carson combine the five acre parcel and the easement into one lot,
thereby giving it access on a public street; then he would not need a variance.
Chairman Spotts asked Mr. Carson what the best thing would be for him to do.
Mr. Carson stated that he would prefer to dedicate the 432' to the city and vary from the
blacktopping section of the ordinance.
Mr. Carson asked if he could be guaranteed a building permit if he combines the two parcels.
It was suggested that he contact the building inspector to see if he could get a building
permit in that case.
Commissioner Perry asked what would happen if Mr. Carson combines the two parcels and then
sells them and the new owner wants to split the parcel. Who would pay for the street?
City Engineer Schrantz noted that the new owner would pay.
MOTION by Jacobson, seconded by Apel that we table this to the next meeting or until such
time as it is disposed of through Mr. Carson's request.
Motion carried.
Discussion - Temporary Migrant Worker Housing (Comm. #6-84-6)
MOTION by Apel, seconded by Rogers to table this item to the next meeting. Motion carried.
MOTION by Bosell to adjourn. Motion carried.
Meeting adjourned at 11:26 P.M.
Respectfully submitted,
b'h
Vicki Volk
Commission Secretary