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HomeMy WebLinkAboutMay 9, 1995 o o o 8:01 p.m. o o CITY of ANDOVER ANDOVER PLANNING AND ZONING COMMISSION MEETING AGENDA May 9, 1995 1. Call to Order 2. Approval of Minutes - April 25, 1995 3. Public Hearing: Rezoning - 1519 148th Lane NW R-1 to R-4 - Bernard and Carol Jones. 4. Public Hearing: Lot Split - 1519 148th Lane NW Bernard and Carol Jones. 5. Public Hearing: Special Use Permit - M~n~ng/Land Reclamation Permit - 16488 Orchid Street NW - William Erhart. 6. Variance - Setback from Major Arterial - 16463 Round Lake Boulevard NW - Jerry & Teresa Borg. 7. Other Business 8. Adjournment o o o o eJ,-"\f(\.Q to Q.tv'\O ~ U ~. 5/~.olqS r~~'" .i~ ~ . CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N,W. . ANDOVER, MINNESOTA 55304 . (612) 755-5100 ,,""('/", PLANNING AND ZONING COMMISSION MEETING - MAY 9, 1995 MINUTES The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Jay Squires on May 9, 1995, 8:01 p.m. at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Maynard Apel, Catherine Doucette, Bev Jovanovich, Jeffrey Luedtke, Randy Peek, Jerry Putnam None City Planning Director, David Carlberg Others Commissioners absent: Also present: APPROVAL OF MINUTES April 25, 1995: Correct as written. MOTION by Putnam, Seconded by Jovanovich, to approve the Minutes as presented. Motion carried on a 5-Yes, 2-Present (Peek, Squires) vote. PUBLIC HEARING: REZONING - 1519 148TH LANE NW, R-1 TO R-4jBERNARD AND CAROL JONES 8:02 p.m. Mr. Carlberg reviewed the request of Bernard & Carol Jones to rezone their property at 1519 148th Lane NW, Lot 1, Block 1, Oak Bluff, from R-l, Single Family Rural, to R-4, Single Family Urban. The applicants have also asked for a lot split on the parcel, which is contingent upon this rezoning being approved. Mr. Carlberg noted the applicable ordinances and criteria to be examined. The parcel was created in 1986 as a part of Oak Bluff, which was platted under a density zoning because it was felt sewer and water would be available in the near future. The owner of the parcel had a septic system failure two years ago, and sewer and water were extended to the parcel. In addition, an extra stub was installed for future subdivision of the lot. The parcel has been included in the MUSA since 1987. Utilities would also be available at this time to the parcel immediately south of this one, though it is not stubbed to service it. Staff considered the possibility of rezoning the entire plat, but decided against it because it might cause some problems with the property owners. MOTION by Apel, Seconded by Jovanovich, to open the public hearing. Motion carried unanimously. 8:12 p.m. There was no public testimony. MOTION by Apel, Seconded by Jovanovich, to close the public hearing. Motion carried unanimously. 8:12 p.m. o u Regular Andover Planning and Zoning Commission Meeting Minutes - May 9, 1995 Page 2 ~J (Public Hearing: Rezoning, 1519 148th Lane, R-1 to R-4, Continued) MOTION by Putnam, Seconded by Apel, that we submit to the City Council approval of the rezoning of 1519 148th Lane NW as drafted in ordinance change and submitted by Staff. Motion carried unanimously. This will be placed on the May 16 City Council agenda. 8:14 p.m. PUBLIC HEARING: LOT SPLIT - 1519 148TH LANE NW/BERNARD AND CAROL JONES 8:14 P.M. Mr. Carlberg reviewed the lot split request of Bernard and Carol Jones to subdivide Lot I, Block I, Oak Bluff into two parcels meeting the minimum requirements for an R-4, Single Family Urban zoned lot. He noted the applicable ordinances, pointing out the Jones' will be required to pay $400 in park dedication fees for the newly created parcel. All minimum requirements will be metr including the setback of the existing building to the newly created lot line. Staff is recommending approval with conditions. MOTION by Doucette, Seconded by Leudtke, to open the public hearing. Motion carried unanimously. 8:16 p.m. There was no public testimony. .~J MOTION by Doucette, Seconded by Jovanovich, to close the public hearing. Motion carried unanimously. 8:16 p.m. Commissioner Peek questioned whether the minimum setback or prevailing setback will be required when a house is built on the new parcel. Mr. Carlberg stated the Building Department tries to maintain uniformity. The setback will be determined by the Building Department. MOTION by Jovanovich, Seconded by Apel, to forward to the City Council approval of the Resolution for the lot split for Bernard and Carol Jones at Lot I, Block I, Oak Bluff. Motion carried unanimously. This will be placed on the May 16 City Council agenda. 8:20 p.m. PUBLIC HEARING: SPECIAL USE PERMIT - MINING/LAND RECLAMATION PERMIT - 16488 ORCHID STREET NW - WILLIAM ERHART '~J 8:20 P.M. Mr. Carlberg reviewed the mining/land reclamation permit at 16488 Orchid Street NW, noting the applicable ordinances and criteria to be examined. The request is to construct a 30,000 square-foot pond and to remove or mine approximately 3,000 cubic yards of material from the site. The fill will be placed on parcels outside of the pond area, namely Lot 4, Block 4, of Timber Meadows 2nd Addition, which is the reason for the land reclamation permit. In reviewing the grading plan, the City's Engineer, Scott Erickson, had some recommendations listed in a memo dated May 5, 1995. Mr. Erickson did not recommend filling the depression on Lot 4, Block 4 because it could cause a drainage problem for the property to the south. Mr. Erhart has received permits from the Corps of Engineers, the DNR, and the watershed. Staff is recommending approval with a number of conditions, including those recommended by the Engineering Department. u u Regular Andover Planning and Zoning Commission Meeting Minutes - May 9, 1995 ,-" Page 3 ,_J (Public Hearing: Lot Split, 1519 148th Lane, Continued) Commissioner Putnam noted the time line on the permits issued by the various agencies and questioned whether they will have be changed since they all have a completion date of May, 1995. Mr. Carlberg stated that would have to be addressed by the various agencies. Andover's permits are for one year. Also, some of the material will be spread on lots in the plat at the request of property owners to provide top soil before seeding and sodding. Some of the sand material will be hauled to the Anoka County Sheriff's Department construction site on Bunker Lake Boulevard and Hanson Boulevard. Because that is part of the construction, no land reclamation permit is needed for that location. He also noted the proposed haul route from the ponding site to the Sheriff's Department site. The county has reviewed and approved it. MOTION by Leudtke, Seconded by Putnam, to open the public hearing. Motion carried unanimously. 8:37 p.m. :J William Erhart, 16488 Orchid Street NW - stated a lot of the black dirt and sand could have been put on his three lots, but the county needed some sand and many of the neighbors requested black dirt. The primary reason for the mining is to avoid piles of sand on the lots. He received many favorable responses from the DNR because this project will improve the wetland, and he showed the proposed grading of the pond with an island in the middle. It should also improve the value of the lots. He did buy Lot 7, so the layout of the pond will change somewhat and now go into the corner of Lot 7; though his permit did ask for mining on all three lots. He did not have a problem with the 4:1 slopes except where the island will be. At the island it has to be steeper to get water in there. He expected not more than 300 truck loads of material will be taken from the area. He is retaining someone to remove the material. Mr. Erhart stated he will withdraw his request to place some of the material on Lot 4, Block 4. The owner has no interest in taking any of the sand. Then he will not have to go across Dehn's property, which eliminates Items 1 and 3 in the City Engineer's memo. Most of the material will be taken out of the south site and hauled to the Sheriff's new building site. Mr. Carlberg agreed those two items could then be removed from the resolution and the haul route will be amended to come from the south. The biggest concern is that the City know where the material comes out and the haul route so that can be signed and watered. In responding to Commissioner questions, Mr. Erhart expected a fleet of five to eight vehicles will be used to remove the material and expected the project to be completed in two to three days. The black dirt has been stripped and is being stored on Lot 7. He hoped to begin the project as soon as it is approved by the City Council. In addressing the question of depositing an escrow with the City, Mr. Erhart felt C._.j' there is a large discrepancy between what the City requires and what the watershed requires. He felt the City's requirement is quite high. Mr. Carlberg wasn't familiar with the escrow requirements of the Engineering Department. He will check on that before this is heard by the City Council to see if a reduction can be made. (J () Regular Andover Planning and zoning Commission Meeting Minutes - May 9, 1995 .,' '\ Page 4 \..J .'-'. ',-.J , .... C_) (Public Hearing: Mining - 16488 Orchid Street/Erhart, Continued) Commissioner Jo~ovi9~~as concerned with placing the signage on Round Lake Boulevard too ~~~n advance because of the large amount of traffic on that road. Mr. Carlberg stated signs indicating trucks are hauling will be placed as needed. MOTION by Putnam, Seconded by Leudtke, to close the public hearing. Motion carried unanimously. 8:47 p.m. The Commission discussed the Engineer's recommendation that slopes should not be steeper than 4: 1. The majority did not feel it is necessary around the island, since the purpose of the slopes is to prevent erosion to other parcels, which would not apply to the island, and because steeper banks on islands provide more protection for the wildlife from predators. It is also rather impractical to construct an island with a 4:1 slope. Mr. Carlberg stated he will check with the City Engineer to see if that slope requirement applies only to the exterior of the pond or to the island as well. MOTION by Apel, Seconded by Leudtke, to recommend to the City Council that they approve the Resolution prepared by Staff approving the Special Use Permit. The Staff has indicated 12 conditions. I would like to add the Engineering Staff's recommendation: No. 13 should be all slopes should not be steeper than 4:1; No. 14) all disturbed areas should be seeded, mulched and disc anchored. All sloped areas should have erosion control blanket installed. 15) Erosion control fencing should be installed immediately. 16) Obtain an escrow of 5 percent of the estimated cost of the work or $2,000, whichever is greater. 17) A map of the haul route should be presented to the City Engineering Staff. Delete references to "land reclamation" in the first, second and sixth paragraphs. Delete" 4" referring to Lot 4 when describing the property. DISCUSSION: Commissioner Apel stated he did not feel the 4: 1 slope should be applied to the proposed island but felt that should be addressed by the Engineering Staff. Mr. Carlberg again stated he will have the Engineering Department address the island issue before this is heard by the City Council. Motion carried unanimously. This will be placed on the May 16, 1995, City Council agenda. 9:00 p.m. VARIANCE - SETBACK FROM MAJOR ARTERIAL - 16463 ROUND LAKE BOULEVARD NW - JERRY & TERESA BORG Mr. Carlberg reviewed the request of Jerry and Teresa Borg to allow for the construction of a 24' x 24' addition on to their single family residence at 16463 Round Lake Boulevard which encroaches six feet into the required setback from a major arterial. He noted the applicable ordinances and explained the house is a non-conforming structure. The addition cannot be constructed unless this variance is granted. The house is 104 feet from the center line of Round Lake Boulevard, and 100 feet is required. He believed the building became nonconforming when the county took additional easement. The addition is a second story on top of an existing garage. , 'j \ ' -' ( , 'J Regular Andover Planning and zoning Commission Meeting Minutes - May 9, 1995 -. Page 5 ( ) (Variance - Setback from Major Arterial, 16463 Round Lake, Continued) Commissioner Apel was annoyed that someone builds a home according to the regulations, the county comes through to widen the road, and then the owner has to go through this charade just to protect his property from something he had nothing to do with. This is the kind of activity that makes everyone angry. Jerrv Bora, 16463 Round Lake Boulevard NW - stated it sounded like he is putting a second story on his house. He has a walk-out rambler, and the garage is a tuck-under. One of the reasons for the addition is to keep the ice from building up in the winter, which is a hazard. The addition is definitely needed. MOTION by Peek, Seconded by Jovanovich, to forward Resolution to the City Council with the recommendation Motion carried unanimously. This will be placed on the City Council agenda. the for May attached approval. 16, 1995, OTHER BUSINESS , , Mr. Carlberg updated the Commission on the actions taken by the City Council at its May 2, 1995, meeting. He also reminded the Commission of the special meeting with the Council at 6 p.m., Tuesday, May 23, on the issue of externalities. Other items noted were the Council will be discussing the comments from the public information meeting on a new City Hall, and both the park bond referendum and the Sunday liquor question were defeated in today's special election. ) . ./ MOTION by Doucette, Seconded by Apel, to adjourn. unanimously. Motion carried The meeting adjourned at 9:12 p.m. Respectfully submitted, ~~p~~ Recording Secretary "\ \. /