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HomeMy WebLinkAboutMay 22, 1984 e<<, 01 AN DOVER REGULAR PLANNING AND ZONING COMMISSION MEETING ~1AY 22, 1984 AGENDA Call to order - 7:30 P.M. Approval of Minutes l. Comm. #4-84-1 2. Comm. #3-84-3 3. Comm. #4-84-4 4. Comm. #5-84-1 5. Comm. #5-84-2 C. M.R. Olson Variance, Cont. Lund's Evergreen Estates 2nd Addition Preliminary Plat Public Hearing, Cont. East Round Lake Estates Preliminary Plat Public Hearing D. King Rezoning Public Hearing Robert Mansk Lot Split Di3ctJ33ieJl1 '"iti'1 City Council Ie Olclinance 0 Revision ""R.~s.e.~cl...leJ {0.... ~"e. .;}/, /1fl e<<, ~ ANDOVER REGULAR PLANNING AND ZONING COMMISSION MEETING May 22, 1984 MINUTES The regularly scheduled Andover Planning and Zoning Commission meeting was called to order by Chairman Spotts at 7:30 P.M., Tuesday, May 22, 1984 at the Andover City Hall, 1685 Crosstown Boulevard N.W., Andover, Minnesota. Commissioners Present: Apel; Knutson; Perry; Rogers; Bosell (arrived at 8:00); Jacobson (arrived at 8:08) Commissioners Absent: None Also Present: City Engineer, Jim Schrantz; M.R. Olson; Jim Lund; Al Parent; Dave King; others Approval of Minutes May 8, 1984 Page 2, Commissioner Bosell's comment regarding the easement in Lund's Evergreen Estates 2nd Addition should read: 'Can Mr. Lund cross the easement?' MOTION by Rogers, seconded by Spotts to approve the minutes as corrected. Motion carried on a 2 yes, 3 present (Perry, Apel, Knutson) vote. M.R. Olson Variance, Cont. (Comm. #4-84-1) Chairman Spotts reiterated was has taken place on this variance at the previous meetings noting that this cannot be granted under Ordinance 40, but can be granted under Ordinance 10. M.R. Olson - noted that he spoke with his attorney who had talked with the City Attorney and they indicated that it was to Mr. Olson's best interest that neither attorney be at the meeting. The City Attorney had noted that the Planning Commission should deal with this request and send it on to the City Council. Mr. Olson noted that there are two hardships on this property; one is the fact that there is a 2 acre parcel that is land- locked and the other is the typographical error that was made in the legal description, showing the property to have 658 feet instead of 668 feet. Chairman Spotts asked if Mr. Olson is planning to build on the north end of the parcel. Mr. Olson noted that he is. Commissioner Perry questioned what ordinance we would be varying from. Commissioner Apel noted that it would be Ordinance 10, Section 7.01, which states "State law provides that in any municipal ity which had platting regulations in force, there shall be no conveyance of land described by metes and bounds if the conveyance is less than 5 acres in area and 300 feet in width." MOTION by Apel, seconded by Knutson that the Andover Planning and Zoning Commission recommend to the City Council approval of the variance request of M.R. Olson to convey two pieces of property in acreage of less than five acres, specifically 4.7- acres, varying from Ordinance 10, Section 7, Subsection 7.01 for the following reasons: 1) It will Regular Planning Commission Meeting May 22, 1984 - Minutes Page 2 (M.R. Olson Variance, Cont.) allow for the proper use of the land; 2) It will not adversely affect the surrounding property; 3) It is in conformance with the Comprehensive Plan; 4) To do otherwise would create a hardship due to the fact that this land, without providing for this variance, would be unusable. Motion carried unanimously. This will go to the City Council on June 5, 1984. Lund's Evergreen Estates 2nd Addition Preliminary Plat, Cont. (Comm. #3-84-3) Chairman Spotts reopened the public hearing. Jim Lund - presented a revised plat. He noted that the biggest change is the park, which now has a 310' x 410' lot south of l65th Lane. The Park Board also wants the park land to be graded. The outlot is part of the park dedication and the Park Board wants it to be separate from the park land. The other change on the plat was putting 165th Lane north of Ken Taylor's house. Ken Taylor - noted that he has walked on the property that is shown as park and it is very pretty land with a lot of wildlife and birds. Commissioner Rogers asked where the storm water is going to go. City Engineer Schrantz noted that it will go to the ditch and the two ponds. He also noted that one problem is that there are two commissions working on the park land. Commissioner Bosell concurred with Mr. Schrantz noting that the Commission can comment on the park dedication but should not be discussing it. City Engineer Schrantz stated that the key issue is the street by Ken Taylor's house. Ken Taylor - doesn't like all of that blacktop around his house and doesn't like the traffic pattern. He stated that if the County ever widens Verdin Street, he will have blacktop up to his front door. Mr. Schrantz noted that the County prefers to have l65th Lane on the north; their second choice would be to have it go through the southern part of Lot 5. Commissioner Jacobson noted that a developer cannot condemn someone's property for a street. Unless there is an agreement between Mr. Taylor and Mr. Lund, there is no reason for approv- ing the plat tonight. MOTION by Jacobson, seconded by Rogers to close the public hearing. Motion carried. Commissioner Perry stated that until the street question is resolved, there is nothing the Planning Commission can do. Mr. Lund noted that he is not finished with the Park Board yet. MOTION by Jacobson, seconded by Perry that we move this item to the next regularly scheduled meeting. Regular Planning Commission Meeting May 22, 1984 - Minutes Page 3 (Lund's Evergreen Estates 2nd Addn., Cont.) Commissioner Bosell asked Mr. Lund if that is want he wants. Mr. Lund agreed to have it postponed to the next meeting as he is going to have the redraw the street. Motion carried on a 6 yes, 1 no (Bosell) vote. This item will be on the June 12th agenda. Commissioner Bosell noted that with the one drafting change necessary, this cQuld have been sent on to the City Council. East Round Lake Estates Preliminary Plat (Comm. #4~84~4) Chairman Spotts opened the public hearing. Commissioner Jacobson noted that Lot 6, Block 5 has a drainage easemeut that 1S equal to more than half of the lot. Al Parent, 14821 Blackfoot Street N.W. - stated that he doesn't know if they are going to be able to fill that. Commissioner Bosell explained to r~r. Parent that the areas needing fill have to be shaded on the plat. Commissioner Jacobson asked where the ponding areas will be. Commissioner Bosell noted that Lot 6, Block 2, Lots 1 and 2, Block 3, and Lot 3, Block 3 will all be for ponding. She also noted that Lot 6, Block 2 doesn't need all of that drainage easement as shown. Lots 1 and 2, Block 3 don't need to have as big an easement as shown either. Mr. Parent's engineer needs to determine that the lots will all have at least 39,000 square feet of buildable land. This will be continued at the June 12th meeting. Dave King Rezoning Public Hearing (Comm. #5-84-1) Chairman Spotts opened the public hearing. Dave King, 6604 - 153rd Lane N.W. - stated that the purpose of the request to rezone from Neighborhood Business to General Business is to construct a car wash. Commi ss i oner Jacobson asked Mr. King if he is the owner of the property. Mr. King stated that he has a purchase agreement on it. Jim Martensen owns the property. Jim Martensen - stated that as owner of the property, he has no objections to Mr. King rezoning it to General Business. Commissioner Bosell asked what Mr. King plans to do with the remainder of the property. Mr. King stated that he doesn't have any plans for it at the present time. Commissioner Bosell explained to Mr. King that if he intends to put something else there, the property will have to be platted. Commissioner Knutson asked \~hat the capacity of the car wash will be. tk. King noted that it is projected at 115 cars per hour. Regular Planning Commission Meeting May 22, 1984 - Minutes Page 4 (D. King Rezoning, Cont.) Lawrence Feckner, 3412 - 136th Lane N.W. - requested that the Planning Commission not approve this request. He stated that he has garbage in his yard now from the medical building. With a car wash there will be a lot of noise and paper allover. Gary Stoll, 13614 Poppy Street N.W. - stated that they also get a lot of debris from the medical building. Felt there would be a lot of noise also. Commissioner Bosell read the list of businesses that are allowed in a Neighborhood Business zone without a Special Use Permit and noted that Mr. King would be more limited in what he could put on that property if it is General Business. Pam Carlson, representing Lawrence B. Carlson - felt that a car wash would lower the value of their property. She noted that Mr. Carlson plans to subdivide his property (formerly known as Woodland Terrace) for residential use. Dale Strasberg, 3422 - 136th Lane N.W. - felt that a car wash would devalue his property also. Noted that he would have no objection to a building like a clinic. Dale Gelling, 3432 - 136th Lane N.W. - asked if there is enough water to supply a car wash. Commissioner Rogers asked what the hours of operation will be. Mr. King stated they would be from 7:00 a.m. to 7:00 p.m. Mrs. Wilber, 3510 - 136th Lane N.W. - objected to the car wash as it will devalue her property. Gerald Gerard, 3442 - 136th Lane N.W. - noted that the thing that upsets him is that by allowing General Business into that corner of the city it sets the basis for rezoning anything in that area to General Business. Jerry Johnson, 13522 Gladiola Street N.W. - noted that there was supposed to be a car wash in the shopping center. Jim Martensen - stated that he spoke to the leasing agent for the shopping center and he was told that a car wash is not going to go into the shopping center. MOTION by Jacobson, seconded by Rogers to close the public hearing. Motion carried unanimously. Commissioner Jacobson stated that the item the Planning Commission has to consider is changing the zoning, not whether a car wash is going in there. The property is now zoned Neighborhood Business and is adjacent to a residential area. NB provides a buffer between residential and a higher use. Mr. Jacobson felt that there is enough land already zoned General Business in the city. Rezoning this property to General Business would open it up to some activities which might not be desirable. Commissioner Rogers questioned the water capacity and if a car wash would affect it. City Engineer Schrantz noted that if Mr. Carlson develops his land, we will need another well or a water tower. The well the city presently has will not take care of the areas that have been assessed. Regular Planning Commission Meeting May 22, 1984 - Minutes Page 5 (D. King Rezoning, Cont.) Commissioner Jacobson noted that talking about water capacity is incidental to the rezoning. MOTION by Perry, seconded by Knutson that the Andover Planning and Zoning Commission recommend to the City Council denial of the rezoning request of D. King to rezone the property legally described as 'That part of the Northwest 1/4 of the Southeast 1/4 of Section 32, Township 32, Range 24, lying East of the West 1033.02 feet thereof and lying North of the North line of 136th Lane N.W. and its Easterly extension, as now laid out and platted in the plats of Chapman's Second and Third Additions, according to the map or plat thereof on file in the Office of the Registrar of Deeds, Anoka County, Minnesota, subject to an easement for highway purposes over the Northerly 33 feet thereof AND that part of the Northwest 1/4 of the Southeast 1/4 of Section 32, Township 32, Range 24 that lies South of the Easterly extension of the North line of 136th Lane N.W. and that lies North of a line parallel with the North line of said NW! of SE! and drawn easterly from a point of intersection of the East line of Poppy Street and the Easterly extnesion of the North line of Lot 5, Block 1, Chapman's Third Addition according to the map or plat thereof on file in the Office of the Registrar of Deeds, Anoka County, Minnesota' from Neighborhood Business to General Business for the following reasons: 1) A public hearing was held. There was a good deal of opposition from adjacent property owners. There were concerns expressed about the devaluation of the properties, and the loss of Neighborhood Business as a buffer across the street from the proposed property; 2) It was felt by the Planning Commission that there is already adequate land area zoned General Business in the city and it is not necessary at this time to create additional General Business areas. AMENDMENT TO MOTION by Jacobson that the proposed rezoning is adjacent to an existing Neighborhood Business and the Commission finds that the present zoning would provide a buffer between that Neighborhood Business and the Shopping Center across the street. The Commission has concerns that in rezoning this property to General Business would open this property up to other activities that would not be desirable in this area. Motion carried on a 6 yes, 1 no (Bosell) vote. This will go to the City Council on June 5, 1984. Robert Mansk Lot Split (Comm. #5-84-2) Inasmuch as no one was present for this item, it will be tabled to the June 12th meeting. MOTION by Jacobson to adjourn. Motion carried. Meeting adjourned at 9:50 P.M. Respectfully submitted, &~ Vicki Volk Commission Secretary