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HomeMy WebLinkAboutApril 24, 1984 ~ 01 ANDOVER REGULAR PLANNING AND ZONING COMMISSION MEETING APRIL 24, 1984 AGENDA Call to order - 7:30 P.M. Approval of Minutes l. Comm. #2-84-4 Ordinance 8 & 53 Amendment Public Hearing, Cont. (Dog Ordinance) 2. Comm. #2-84-4a Kadlec 2nd Addition Public Hearing, Cont. 3. Comm. #4-84-1 M.R. Olson Variance 4. Comm. #4-84-2 Ordinance 8 Amendment Public Hearing S. Ce.mm. H 04 J Leisy JOkR36R Sketch PlaR !JQ. /~/,"- 6. Comm. #4-84-4 Al Parent Sketch Plan ~ 01 AN DOVER REGULAR PLANNING AND ZONING COMMISSION MEETING APRIL 24, 1984 MINUTES The regularly scheduled Andover Planning and Zoning Commission meeting was called to order by Chairman Spotts at 7:30 P.M, Tuesday, April 24, 1984 at the Andover City Hall, 1685 Crosstown Boulevard N.W., Andover, Minnesota. Commissioners Present: Apel; Jacobson; Perry; Rogers Commissioners Absent: Bosell; Knutson Also Present: City Engineer, James Schrantz; Max Alford, Minnesota Purebred Dog Association; Harvey Kadlec; M.R. Olson; Al Parent, others Approval of Minutes April 10, 1984 Page 7, before the motion tabling the James Refrigeration Rezoning and Paul Bertils Special Use Permit requests, the following should be inserted: The commission asked Mr. Bertils and Mr. Kvanbeck if it met with their approval to table these items for 60 days and both agreed that it would be. MOTION by Apel, seconded by Perry to approve the minutes of April 10, 1984 as corrected. Motion carried. Ordinance 8 and 53 Amendment Public Hearing, Cont. (Comm. #2-84-4) Chairman Spotts reopened the public hearing. He explained that the only area in the city at the present time where a kennel is allowed by Special Use Permit is the R-l district. The amendment under consideration would allow kennels in all residential districts. Commissioner Apel felt that the ordinance should not be amended as it seems to work best the way it is now. Commissioner Jacobson agreed with Commissioner Apel, noting that the ordinance provides for kennels in specified areas and that is where they should be. John Zillhardt, 3753 - 145th Avenue N.W. - noted that people are well meaning and most of the time try to do a good job with their pets. The trouble is that the owners go out of town and the kennels go unsupervised and unattended and this makes an unpleasant situation for the neighbors. He noted that he does not approve of the amendment. Max Alford - stated that Mr. Zillhardt is speaking of someone who has pets; these are dogs who run loose. A hobby breeder will control his dogs and not leave them alone. These are valuable animals and are not left unattended. MOTION by Jacobson, seconded by Apel to close the public hearing. Motion carried unanimously. Regular Planning Commission Meeting April 24, 1984 - Minutes Page 2 (Ord. 8 & 53 Amendment, Cont.) MOTION by Jacobson, seconded by Ape1 to table indefinitely any action on the Dog Ordinance and Ordinance 8 pertaining to dogs. Motion carried unanimously. Kadlec 2nd Addition Preliminary Plat Public Hearing (Comm. #2-84-4a) Chairman Spotts reopened the public hearing. Harvey Kadlec - noted that 142nd Lane has been realigned on the west end of the plat and the property that was going to be the park has been eliminated. The excess property has been added to the adjacent lots and part of it is proposed for ponding. Chairman Spotts asked if the Volk's lot will have a curve in it once they dedicate the easement for the street. Mr. Kadlec noted that it will. He also noted that Mr. Wallace, who owns the property to the south, has not given him an easement for the sewer because he doesn't want the assessment, but he also does not want to hold this plat up. Mr. Kadlec stated that he is going to leave it up to the city to get sewer and water into this plat. Commissioner Jacobson asked if the Coon Creek Watershed District had any comments on the plat. Mr. Kadlec noted that he spoke to Al Sannerud who told him that he forgot about the plat but would send it to their engineer immediately and Mr. Kadlec would hear from them within a few days. Commissioner Jacobson asked if the letter of consent from the owner had been received. The secretary noted that the City Engineer has the letter. MOTION by Ape1, seconded by Rogers to close the public hearing. Motion carried. Commissioner Perry noted that the only outstanding thing she could see is the easement for the sewer on Quay Street. Discussion was on the depth of Lots 1, 2, and 3 of Block 2. Several Commissioners felt that when the ordinance was amended to allow 11,400 square foot lots that the lot depth was not included, only the width. Mayor Windschitl felt that these lots would require variances as the ordinance did not change the lot depth; it is still 130 feet. Commissioner Jacobson asked if the City Engineer had indicated any problems with the soil borings. Mr. Kadlec stated he did not. The closest they hit water was at 15 feet. MOTION by Jacobson, seconded by Rogers that the Andover Planning and Zoning Commission recommend to the City Council approval of Kadlec 2nd Addition preliminary plat, described as 'That part of the Southwest Quarter of the Southeast Quarter of Section 29, Township 32, Range 24, Anoka County, Minnesota, described as follows: Beginning at the Northeast corner of said Southwest Quarter of the Southeast Quarter; thence South 0 degrees 02 minutes 37 seconds East along the East line of said Southwest Quarter of the Southeast Quarter a distance of 346.50 feet; thence South 89 degrees 57 minutes 39 seconds West a distance of 1,269.91 feet to a point of intersection with the center line of County State Regular Planning Commission Meeting April 24, 1984 - Minutes Page 3 (Kadlec 2nd Addition, Cont.) Aid Highway No.9 as measured along said centerline; thence North 2 degrees 58 minutes 25 seconds East, along said centerline, a distance of 181.5 feet; thence Easterly and parallel with the North line of said Southwest Quarter of the Southeast Quarter a distance of 264 feet; thence South 2 degrees 58 minutes 25 seconds West to a point distant 173.25 feet South of the North line of said Southwest Quarter of the Southeast Quarter as measured at right angles thereto; thence Easterly and parallel with the North line of said South- west Quarter of the Southeast Quarter a distance of 119.18 feet; thence Northerly on a line, which line is at right angles to the North line of said Southwest Quarter of the Southeast Quarter a distance of 173.25 feet to the north line of said Southwest Quarter of the Southeast Quarter; thence Easterly on the North line of said Southwest Quarter of the Southeast Quarter to the point of beginning' as presented with the following recommended conditions: 1) Variances be granted under Ordinance 8, Section 6.02, Minimum Lot Require- ments, for Lots 1, 2 and 3, Block 2 because of the depth; 2) Approval is contingent upon receipt of a letter from the Coon Creek Watershed District in regard to the proposed pond- ing for this plat; 3) The property owned by Phil and Vicki Volk on the plat should be corrected to show a right-of-way. Motion carried unanimously. This will go to the City Council on May 1,1984. (Chairman Spotts left at this time (8:10 P.M.) and Commissioner Apel replaced him.) M.R. Olson Variance (Comm. #4-84-1) M.R. Olson - explained that he has a two acre parcel of land that is landlocked. He would like to combine it with his other adjacent parcel and then split it. However, it would be 6/10 of an acre short of 10 acres once it is combined. According to the County this is actually three parcels of property. Commissioner Jacobson noted that the ordinance states that in an unsewered area you cannot split a lot when the resultant lots are less than 2t acres. However, he has no problem with what Mr. Olson is requesting. He would like to see the parcels combined first and then split. Commissioner Apel stated that if it was one large piece now, he would have no problem with it. He didn't think we could do anything until this is discussed with the city attorney. Commissioner Rogers noted that he has no problem with the splitting of this property. Mr. Olson noted that he has done everything legally that he can do. His attorney has talked to the City Clerk and the City Attorney and has advised Mr. Olson to apply for a variance. He noted that if the Planning Commission wants his attorney present at a meeting to discuss this, he will have him here. Commissioner Perry suggested that we have one legal description for the property before proceeding with the variance. Commissioner Jacobson suggested sending this to the Council noting that a combined legal is necessary for the three lots and that the Commission has a problem granting the variance prior to the combination of the three lots. Regular Planning Commission Meeting April 24, 1984 - Minutes Page 4 (M.R. Olson Variance, Cont.) MOTION by Jacobson that the Andover Planning and Zoning Commission recommend to the City Council approval of a variance requested by M.R. Olson for the property legally described as the North 658 feet of the East 625 feet all in the Northwest Quarter of the Southwest Quarter, Section 34, Township 32, Range 24, Anoka County, Minnesota. The Commission wishes the Council to recognize that this property is in effect three separate lots and prior to the granting of the variance, the three lots should be combined into one. This should be brought to the attention of the city attorney. If all three of the parcels are not combined and the variance is granted, then we have created three substandard lots. Approval will be subject to the required park dedication fees. Discussion: Mayor Windschitl felt that the way to solve this problem would be for Mr. Olson to plat the property. Motion withdrawn. Commissioner Jacobson also felt that this property should be platted. He also suggested that the City Attorney attend our meeting so that whatever the Commission does is correct. Mr. Olson stated that he is trying to correct something that is wrong. At the present time he is not paying taxes on the landlocked property but when the property is split, he will be paying more taxes. Commissioner Jacobson suggested that Chairman Spotts contact the city attorney to see if we are doing the right thing. Acting Chairman Apel also item at the next meeting. May 15th. felt that we should check with the attorney and act on this Mr. Olson would still be able to go before the Council on MOTION by Jacobson, seconded by Rogers that we move the M.R. Olson variance request to the next Planning Commission Meeting. Motion carried unanimously. This will be continued on May 8, 1984. (Recess 8:45 - Reconvene 9:10) Al Parent Sketch Plan (Comm. #4-84-4) Al Parent, 14821 Blackfoot Street N.W. noted that he is proposing to plat 40 acres on the east side of Round Lake Boulevard into 13 lots. There is one house on the property at the present time which has been there since the 1940's. Commissioner Jacobson noted that Lot 2, Block 6 appears to have a big hole in it. Mr. Parent stated that that is the lowest lot on the property; however, it looks like it has enough buildable land. Mr. Parent also noted that the people living on the property now will be there as long as they want and when they do move, he will relocate their driveway up to 150th. The status of 149th Avenue was questioned with Mayor Windschitl noting that when the farm was split up, the Town Board required a right-of-way across the top of those 40's. Regular Planning Commission Meeting April 24, 1984 - Minutes Page 5 (Parent Sketch Plan, Cont.) Mayor Windschitl also noted that when this sketch plan came to the Council, discussion was about vacating 149th Avenue; however, that idea was not workable. Commissioner Jacobson questioned the status of the property to the north of this plat. Mr. Parent noted that it is mostly agricultural at the present time. Commissioner Perry noted that the property is in agricultural preserve and will not be developed for at least 8 years. This will be continued when Mr. Parent returns with a preliminary plat. Ordinance 8 Amendment Public Hearing (Comm. #4-84-2) Acting Chairman Ape1 opened the public hearing. Commissioner Jacobson noted that he has no problem with the amendment to allow sale and storage of used and new auto parts within a building only as long as there is no auto reduction allowed. Acting Chairman Apel noted that this will give the individual the right to build the building and conduct the business in the building as long as there's no junk sitting outside. (Referring to Mr. Mistelske's request to sell used auto parts on property located on Jay Street and Bunker Lake Boulevard). Mayor Windschitl noted that there are four junk cars on that property at this time. He also noted that the City Council is of the same mind as the Planning Commission in regard to auto reduction. The Council does not feel this property should be fenced in the front or on the side. Acting Chairman Apel suggested that when Mr. Mistelske comes in for a Special Use Permit, one of the conditions could be that no fence be erected. MOTION by Jacobson, seconded by Rogers to close the public hearing. Motion carried. MOTION by Jacobson, seconded by Rogers that the Andover Planning and Zoning Commission recommend to the City Council adoption of an amendment to Ordinance 8F, Section 7.03, Special Uses under General Industrial and Limited Industrial to include the sale and storage of new and used auto parts within a building only. A public hearing was held. There was limited comment from the public. Motion carried unanimously. This will go to the City Council on May 1,1984. At this time, the Commission discussed migrant worker housing. The concensus was that mobile homes should not be allowed for temporary workers. MOTION by Jacobson to adjourn. Motion carried. Meeting adjourned at 10:15 P.M. Respectfully submitted, ~.~ Vicki Volk, Commission Secretary