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HomeMy WebLinkAboutFebruary 14, 1984 ~ 01 ANDOVER REGULAR PLANNING AND ZONING COMMISSION MEETING FEBRUARY 14, 1984 AGENDA AMENDED Call to order - 7:30 P.M. Approval of Minutes l. Comm. #1-84-2 Misslin Rezoning Public Hearing, Cont. 2. Comm. #1-84-3 Schriptek Recovery Systems Revocation Public Hearing 3. Comm. #1-84-4 C~ Mistelske Revocation Public Hearing 4. Comm. #2-84-1 Marjorie Bergman Lot Split 5. Comm. #1-84-5 Ordinance 8 Amendment Public Hearing 6. Comm. #2-84-4 Kadlec 2nd Addition Sketch Plan ~ 01 AN DOVER REGULAR PLANNING AND ZONING COMMISSION MEETING FEBRUARY 14i 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, February 14, 1984 at the Andover City Hall, 1685 Crosstown Boulevard N.W., Andover, Minnesota. Commissioners Present: Apel, Knutson, Jacobson, Perry, Rogers Commissioners Absent: Bosell Also Present: Ray Slaback, Schriptek Recovery Systems; Charles Mistelske; Marjorie Bergman; Harvey Kadlec; City Engineer, James Schrantz Approval of Minutes January 24, 1984 MOTION by Rogers, seconded by Perry to approve the minutes of January 24, 1984 as written. Motion carried on a 4 yes, 1 present (Knutson), 1 abstain (Jacobson) vote. Misslin Rezoning Public Hearing, Cont. (Comm. #1-84-2) Chairman Spotts reopened the public hearing. It was noted that Mr. Misslin was not present at the meeting. The secretary noted that according to the aerials, there are two buildings on the property. The property is being used for raising cattle. Commissioner Jacobson noted that in the ordinance it says that the petitioner shall appear before the Planning Commission to answer questions. Commissioner Perry felt that that statement only deals with those people who are filing appeals or variances. She noted that she did not feel comfortable with approving or denying this when no one is present to answer questions. MOTION by Perry, seconded by Jacobson that the Andover Planning and Zoning Commission recommend to the City Council denial of the request of Joe and Isabell Misslin to rezone the property described as Plat 65906, Parcels 0010-2, 06000-1 and 1800-8 from Residential to Agricultural Preserve for the following reasons: At the meeting of January 24, 1984 and the meeting of February 14, 1984 the Misslins were not present to answer questions which the Planning and Zoning Commissioners had of them regarding the use of the property. Subsequent to the January 24th meeting, the secretary for the Planning Commission wrote the Misslins stating the concerns which the commission had and also attempted to reach them by phone. There has been no response and since we have incomplete information, it is not possible at this time to recommend approval of the request. Commissioner Jacobson noted that because this is a rezoning, they can't reapply for one year. He questioned whether the Commission wanted to make them wait that long. AMENDMENT TO MOTION: Planning and Zoning Commission recommends tabling of the request..... Motion and second stand. Motion carried unanimously. This will go to the City Council on February 21,1984. Regular Planning Commission Meeting February 14, 1984 - Minutes Page 2 Schriptek Recovery Systems Revocation Public Hearing (Comm. #1-84-3) Chairman Spotts opened the public hearing. He stated that according to the City Council minutes of January 17, 1984, the Council asked the Planning Commission to hold a public hearing on the revocation of the special use permit that was issued to Schriptek because they have not complied with the fencing requirements. Ray Slaback stated that he can't put the fence up now because of the weather. Anoka County has given them until May 1,1984 to put the fence up. Commissioner Rogers stated that he was at the Schriptek site and the machine is back and is operating. There are some big tires up in the front. Commissioner Perry asked how long the machine was gone. Mr. Slaback stated it was gone for two weeks. Chairman Spotts asked what is holding up the construction of the fence and how long it will take to get the fence up once construction is started. Mr. Slaback explained that the construction is being held up because of a water problem and once they start construc- tion, it will take approximately two weeks to get it up. Commissioner Jacobson noted that according to the City Council minutes, Schriptek does not have a junkyardlicense. Chairman Spotts stated that the Planning Commission should ask the Council to the junkyard license if they receive a check for the fence by February 21st. should be for $8,100 which is l! times the cost of the fencing. If the fence completed by May 1st, the special use permit will then be revoked. MOTION by Rogers, seconded by Apel to close the public hearing. Motion carried unanimously. reconsider The check is not MOTION by Jacobson, seconded by Apel that the Andover Planning and Zoning Commission recommend to the City Council that they reconsider the junkyard license for Schriptek Recovery Systems provided the City Council receives a check for $8,100, an amount determined by the City Engineer, for construction of a fence. The check must be received by February 21, 1984 and will be held in escrow until May 1, 1984 at which time the fence shall be completed. In the event the fence is not completed by May 1,1984, the Special Use Permit issued to Schriptek Recovery Systems will be revoked. Motion carried unanimously. This will go to the City Council on February 21, 1984. Mistelske Revocation Public Hearing (Comm. #1-84-4) Chairman Spotts opened the Public Hearing. Irving Shaw, attorney for Mr. Mistelske - stated that the property is a two acre parcel on Bunker Lake Boulevard and Jay Street. The property was fully fenced and all the conditions for a junkyard license were met. The project involved using that property as a junkyard for import car parts. The storm of July 3, 1983 ripped down the entire fence and it wasn't rebuilt because there was an insurance problem. The insurance claim has been denied by the insurance company. Since that time, Mr. Mistelske has bought some 10 foot concrete posts that are a foot square. They are on the site and will be used for the fence, which is on order. The plans are in the making for the reconstruction of the fence. Mr. Mistelske also needs to build a large warehouse. The one he wants to build Planning Commission Meeting February 14, 1984 - Minutes Page 3 (Mistelske Revocation, Cont.) is 56' x 100' and will be used for storage of parts. He is in the middle of the project and he can't finish the fence because of the water. He would be able to start on it within the next 30-45 days and he is prepared to post a bond for the fence. Chairman Spotts asked if the original fence was total perimeter fencing. Mr. Shaw noted that it was. Commissioner Perry asked if Mr. Mistelske had notified the City of the problems he was having regarding the insurance claim. Mr. Shaw noted that he did not; however, he had a discussion with the City Clerk when he brought his check in. Commissioner Rogers asked what the vacant house on the property will be used for. Mr. Mistelske noted that it will be used for storage. Commissioner Jacobson stated that according to Ordinance 44, the Junkyard Ordinance, the City Council can revoke or suspend a junkyard license if the licensed business or activity has not been operated or carried on for a period of six months. This junkyard has not operated as a junkyard since they were granted a license in 1982. Mr. Shaw noted that it wasn't operated because of business problems. Commissioner Jacobson asked why they didn't put the fence up while they were making the insurance claim. Mr. Shaw stated that he was waiting for the claim to be settled before rebuilding the fence. It will cost approximately $2-3,000 to replace the fence. Mr. Shaw noted that the drawings for the building will be ready in about 30 days and they would like a continuance until next month on this item so that they can bring the plans in for the Planning Commission. MOTION by Rogers, seconded by Apel to close the public hearing. Motion carried. Chairman Spotts noted that this property has not been used as a junkyard. If we require him to post a bond, we will have to have a completion date. Commissioner Apel stated that a junkyard is not an unusual use for that property. Noted that he would be in favor of continuing this revocation hearing until such time as the fence and landscaping are completed. However, there should be a stipulatton that he starts operating the junkyard by a certain date. Commissioner Jacobson noted that the city is looking at getting rid of the junkyards in that area and now we have one that has not been operating as a junkyard. The fence could have been constructed after the storm. Mr. Mistelske could still put up the warehouse under the General Business zoning. Mr. Shaw noted that Mr. Mistelske wouldn't put up the warehouse if he can't use it in conjunction with the junkyard. Chairman Spotts felt that a continuation of the license can not be granted because it hasn't been operated as a junkyard and also because the fencing has been down for nine months and has not been replaced. Regular Planning Commission Meeting February 14, 1984 - Minutes Page 4 (Mistelske Revocation, Cont.) MOTION by Apel, seconded by Perry that the Andover Planning and Zoning Commission recommend to the City Council that the Special Use Permit for the property described as Plat 69277, Parcel 60, owned by Charles Mistelske, be revoked for non-compliance to Ordinance 44, Section 9.2(e). The Special Use Permit was issued on December 15, 1981 and the property was never used as a junkyard prior to the storm of July 3, 1983. A public hearing was held. Motion carried unanimously. This will go to the City Council on March 6, 1984. Marjorie Bergman Lot Split (Comm. #2-84-1) Marjorie Bergman stated that she has a five acre parcel and would like to split it into two 2! acre parcels. Chairman Spotts noted that a variance is required for this item also as the property owner to the north is deeding Ms. Bergman a piece of property that is 33' x 660' to make her property five acres in size. Ms. Bergman noted that the 33' x 660' piece was once a part of her property but she gave it to the owner to the north and now he is giving it back to her. City Engineer Schrantz noted that Ms. Bergman's property goes out to the center of the street so she has five acres without the 33' piece. MOTION by Jacobson, seconded by Apel that the Andover Planning and Zoning Commisson recommend to the City Council approval of a variance requested by Marjorie Bergman to convey a 33' x 660' parcel to Parcel 9210 from Parcel 9150 so that Parcel 9210 contains five acres. The Commission also notes that the variance fee has not been paid and points this out to the Council to determine whether a fee is required. Motion carried unanimously. This will go to the City Council on March 6, 1984. MOTION by Jacobson, seconded by Rogers that the Andover Planning and Zoning Commission recommend to the City Council approval of a lot split requested by Marjorie Bergman for Plat 65914, Parcel 9210, which contains five or more acres, splitting the parcel into equal parcels of 2.5 acres each and that the appropriate park dedication fees be paid. Motion carried unanimously. This will go to the City Council on March 6, 1984. Recess 8:58 - Reconvene 9:13 Kadlec 2nd Addition Sketch Plan (Comm. #2-84-4) The property being proposed for platting is located on 142nd Lane and Round Lake Boulevard and contains approximately 8! acres. Discussion centered on the park, which several Commissioners felt was too small as the city already has enough small parks. Several of the lots will have to be enlarged, especially those designated for twin homes. Harvey Kadlec noted that there is a good possibility that the property to the south of Regular Planning Commission Meeting February 14, 1984 - Minutes Page 5 (Kadlec 2nd Addition, Cont.) this property will be developed at the same time. If that happens, then the street will be extended to the south eliminating the need for a temporary turn-around. He also noted that the property will have to be served from the back for sanitary sewer and water as the sewer on County Road 9 is too high to serve the parcel. City Engineer Schrantz noted that the city might accept the property shown as park for ponding. He also suggested that Mr. Kadlec contact Anoka County regarding the right-of- way on County Road 9. Mr. Kadlec will also have to obtain an easement from the property owner for 142nd Lane. Ordinance 8 Amendment Public Hearing (Comm. #1-84-5) Chairman Spotts opened the public hearing. It was noted that there was no public present for this item. Commissioner Jacobson felt that there might be a problem with this amendment depending upon the time of year a person starts construction on a house. It could happen that the finish grading might not be done within one year because of winter. Commissioner Perry asked what would happen if a person does not comply with this ordinance. It was noted that they would be guilty of a misdemeanor. Inasmuch as the Commission had questions regarding this item, it was agreed to table it until the next meeting. MOTION by Apel to adjourn. Motion carried unanimously. Meeting adjourned at 10:00 P.M. Respectfully submitted, ~~ Vicki Volk, Commission Secretary