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HomeMy WebLinkAboutMarch 27, 1984 e<<, 0{ AN DOVER REGULAR PLANNING AND ZONING COMMISSION MEETING MARCH 27, 1984 AGENDA Call to order - 7:30 P.M. Approval of Minutes l. Comm. #2-84-4 Dog Ordinance Discussion 2. Comm. #2-84-5 Wm. Rademacher Special Use Permit Public Hearing, Cont. 3. Comm. #3-84-1 Jim Perry Sketch Plan 4. Comm. #3-84-2 R. Sonsteby Vacation of Easement Public Hearing 5. Comm. #3-84-3 Jim Lund Sketch Plan 6. Comm. #3-84-4 Junkyard Ordinance Discussion e<<, 01 AN DOVER REGULAR PLANNING AND ZONING COMMISSION MEETING MARCH 27, 1984 MINUTES The regularly scheduled Andover Planning and Zoning Commission meeting was called to order by Chairman Don Spotts at 7:30 P.M., Tuesday, March 27,1984 at the Andover City Hall, 1685 Crosstown Boulevard N.W., Andover, Minnesota. Commissioners Present: Commissioners Absent: Also Present: Bosell, Jacobson, Knutson, Perry, Rogers Apel City Engineer, James Schrantz; Andover Fire Chief, Frank Stone; Andover Fire Marshal, Rich Larson; City Building Inspector, Dave Almgren; Max Alford; Mary Simcoe; John Prest; Rosella Sonsteby; Jim Perry; Jim Merila; others Approval of Minutes March 13, 1984 Page 1, 2nd paragraph under dog ordinance, 5th line - should read 'She noted that she has been a hobby breeder for three years and.. '. MOTION by Bosell, seconded by Knutson to approve the minutes of March 13,1984 as written. Motion carried on a 5 yes, 1 abstain (Jacobson) vote. Dog Ordinance Discussion (Comm. #2-84-4) Max Alford, Minnesota Purebred Dog Breeders - explained that he had sent out to the Commissioners a suggested ordinance regarding hobby breeder kennels. They suggest that the number of dogs allowed be limited to seven. Commissioner Bosell noted that she would suggest allowing 5 dogs; seven dogs would be too many. Chairman Spotts asked Mr. Alford how many of the hobby breeders he knows have totally fenced in yards and totally fenced in runs. Mr. Alford noted that a lot of breeders would not sell a dog unless the people had at least a fenced in back yard. He didn't know how many had totally fenced in yards but guessed that in residential areas most people have fenced in yards. Chairman Spotts stated that a subcommittee will be formed to come up with an ordinance for a public hearing on April 10, 1984. Members of the subcommittee will be Chairman Spotts, Commissioners Apel and Knutson and Mary Simcoe. They will meet at the City Hall at 7:00 P.M., April 3, 1984. Wm. C. Rademacher Special Use Permit Public Hearing, Cont. (Comm. #2-84-5) Chairman Spotts reopened the public hearing. John Prest, Bill's Superette - noted that since the last meeting he has had a chance to talk to the Fire Chief and they looked at putting the propane tank in the back of the Regular Planning Commission Meeting March 27, 1984 - Minutes Page 2 (Rademacher Special Use Permit, Cont.) store; however, the Fire Department would require that it be 25 feet from the property line which would put it in the way of delivery trucks. He stated that he would like to have it in the front of the store. It would be 85 feet from the centerline of Round Lake Boulevard. The county requirement is 50 feet. It will be at least 70 feet from the property line on 140th Avenue. He then presented several pictures of tanks that Texgas has already. Commissioner Rogers objected to the location of the tank in the front of the building where Mr. Prest requested it because of the closeness to the highway. Recommended that it be in the front, but to the south where the new parking spaces where put in. This would make it more toward the center of the building. He also noted that there is a storm sewer by the first proposed location and if there was a leak in the tank, there is a possibility that the fumes could get into the storm sewer. Fire Chief Frank Stone stated that his major concern would be a car hitting the tank. Commissioner Jacobson noted that according to the ordinance structures have to be 50 feet from the front property line on a major thoroughfare. The only way to get around that requirement would be to grant a variance and in order to grant a variance, there has to be a hardship. Commissioner Bosell noted that a variance would also be required if the tank is located in the front of the store. Chairman Spotts asked what the distance is from the front of the store to the property line on County Road 9. Mr. Prest noted that it is 147 feet. Chairman Spotts also noted that if the tank is located 50 feet from the front property line it would be in the middle of the parking lot which would cause serious traffic problems. Larry VanHorn, 14058 Silverod Street N.W. - stated that he does not object to the tank being in the back of the store; however, it would have to have a wooden fence around it. Del Young, Texgas Corporation - noted that they have never run into a case where they had to be 25 feet from a property line or a road. Commissioner Perry felt that the 50 foot requirement on major arterials is because most of them have not been widened; Round Lake Boulevard has been improved however. She then asked if it would be unreasonable to ask Mr. Prest to come back to our next meeting with a new drawing showing the correct setbacks, etc. MOTION by Jacobson, seconded by Perry to continue the Special Use Permit for Wm. C. Rademacher to the agenda on April lOth to allow time for the Fire Marshal and the applicant to come up with a new map and to resubmit the map to the Planning Commission. Motion carried unanimously. Jim Perry Sketch Plan (Cemm. #3-84-1) Jim Perry stated that he presented a sketch plan to the City Council last week. The plan showed 13 lots, 3 of which are in trouble because of the flood plain. He presented a new sketch plan to the Commission which has 10 lots on it. There is one lot on Andover Planning Commission Meeting March 27, 1984 - Minutes Page 3 (Jim Perry Sketch Plan, Cont.) Boulevard that does not have the required frontage. The Council indicated that there would be no problem with getting a variance for that lot. Commissioner Bosell asked if there has to be more of a setback for the lots on the creek. Mr. Perry noted that the setback is 100 feet from the center of the creek. Commissioner Bosell noted that the lots on Prairie Road can only front on interior streets; they are not allowed to exit onto Prairie Road. Commissioner Jacobson suggested that Mr. Perry meet with the City Engineer before coming back with a preliminary plat. It was also noted that if the cul-de-sac is longer than 500 feet a variance will be required. R. Sonsteby Vacation of Easement Public Hearing (Comm. #3-84-2) Chairman Spotts opened the public hearing. Rosella Sonsteby, 4151 - 141st Avenue N.W. - noted that this easement is considered an outlot and she was assessed $7,500 for it for sewer and water. The easement has never been used for over 40 years and there are trees growing on it. Commissioner Jacobson asked Mrs. Sonsteby when she purchased this piece of property. She noted that she bought it in 1970. Commissioner Bosell asked how long the easement is. Mrs. Sonsteby stated it is less than 200 feet. Commissioner Bosell asked Mrs. Sonsteby what she will do with the easement if it is vacated. Mrs. Sonsteby noted that she is going to deed it to the lot to the east. Commissioner Jacobson asked how far it is from the Hagen's garage to the easement. Mrs. Sonsteby replied that it is about 60 feet. Bonnie Francis, 14260 Round lake Boulevard - stated that the easement is they only way she can get heavy trucks into her property. She felt that the city should retain it as a utility easement for sewer and water. She then noted that she called the city assessor to find out what that property is worth and he stated it would be worth $100.00. She offered Mrs. Sonsteby $500.00 for the property. Mrs. Sonsteby noted that she would not sell it to Mrs. Francis. She stated that she would sell it if Mrs. Francis wanted to pay the assessments. City Engineer Schrantz noted that the assessments will be removed from that easement as they should have never been put on there. Mrs. Sonsteby noted that she still will have to pay them but they will be included with those in Rosella's Addition. Commissioner Jacobson asked if this easement serves a valid public purpose. He noted that there are two other accesses to Mrs. Francis's property - one off of Underclift Street and one off of Round lake Boulevard. He also noted that if the easement were vacated for road purposes and made into a utility easement, that would mean no trespassing would be allowed. He asked if that would be a hardship to anyone. Mrs. Francis noted that when she sold her husband's machinery that easement was the only way the moving truck could get into her property. Regular Planning Commission Meeting March 27, 1984 - Minutes Page 4 (Sonsteby Vacation of Easement, Cont.) City Engineer Schrantz noted that the easement should be moved 10 feet to the south and that would make Rosella's lot on Round Lake Boulevard 10 feet wider. Mrs. Sonsteby noted that that part of the easement off Round Lake Boulevard has nothing to do with the easement she wants vacated. MOTION by Jacobson, seconded by Rogers to close the public hearing. Motion carried unanimously. Chairman Spotts noted that two members of inconvenience if the easement is vacated. sewer could be put in through there. the audience have indicated it would be an If it becomes a utility easement, water and Commissioner Jacobson noted that if the easement carried a restriction for road purposes only and we remove that and make it a utility easement, the city attorney should look at this and see if it goes back to Mrs. Sonsteby or to the original owner. Recess 9:28 - Reconvene 9:45 Commissioner Spotts indicated that the correct Property Identification Number for the easement is 29 32 24 34 0015. MOTION by Jacobson, seconded by Rogers that the Andover Planning and Zoning Commission recommend to the City Council approval of the request by Rosella Sonsteby to vacate an easement described as the westerly portion of PIN 29 32 24 34 0015, that easement removal to gegin from the southwest corner of PIN 29 32 24 34 0008. The amount being vacated being approximately 164' x 33'. The Commission found during the public hearing that there were two individuals who spoke against such action but when questioned, the two individuals indicated that the removal of the easement would be an inconvenience but not a hardship. The Commission also recommends to the City Council that while it relinquish the road easement for that portion of the aforementioned lot that it retain at the request of Mrs. Sonsteby, here agreement to a utility right-of-way on that portion which is to be vacated. The reason for the utility easement is to provide future sewer and water access to the backs of these parcels in the event of future development. The Commission also recommends to the Council that legal counsel review the original easement document to determine whether or not in the event the Council determines such vacation take place, that the title of such property be determined to go to either Mrs. Sonsteby or is it to go to the original party which provided the easement. The Commission cannot make this determination and it should be made by legal counsel. By making it a utility easement only, it prevents trespass by individuals which by the current road easement would be allowed by the public. Motion carried unanimously. This will go to the City Council on April 17, 1984. Jim Lund Sketch Plan (Comm. #3-83-3) Jim Meri1a, Meri1a & Associates, representing Jim plat 197 acres on the west side of Verdin Street. reviewed by the City Council and they recommended Lund - noted that they are going to There will be 61 lots. The plat was the deletion of the cul-de-sacs. They Regular Planning Commission Meeting March 27, 1984 - Minutes Page 5 (Lund Sketch Plan, Cont.) don't want to extend the streets between the cul-de-sac because that land is very wet. If the streets are extended, it would require 8,000 square feet of additional filling to be done on 4 lots. Commissioner Jacobson felt that a better location for the park would be in the middle of the plat rather than at the end of it. City Building Inspector Dave Almgren noted that the Council suggested that the developer discuss this with the Park Board to see if they would prefer cash in lieu of land or a combination of land and cash. Commissioner Bosell asked if this plat will be done in stages. Mr. Merila noted that it will with the southern portion being done first. Commissioner noted that the areas needing fill have to be shaded on the preliminary plat. Junkyard Ordinance Discussion (Comm. #3-84-4) It was noted that this item was referred to the Planning Commission by the City Council to consider the concept of auto reduction and storage and sale of used auto parts providing it is done totally inside a building. Dave Almgren noted that Charles Mistelske is requesting a building permit to build a ware- house where this can be done. According to the ordinance he wouldn't be able to sell parts over the counter however. Commissioner Jacobson stated that he doesn't need a junkyard license to sell parts. The City Council wanted to get rid of junkyards and now we have actually denied a license and they Council wants to start one up which supposedly would be inside a building. It was suggested that the following wording could be put back in the ordinance "Sale and storage of used auto parts in GI only." Because the Commission wanted more information on this item it will be tabled until April 10, 1984. MOTION by Knutson to adjourn. Motion carried unanimously. Meeting adjourned at 10:45 P.M. Respectfully submitted, UW Vicki Volk Commission Secretary