HomeMy WebLinkAboutApril 25, 1989
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CITY of ANDOVER
REGULAR PLANNING AND ZONING COMMISSION MEETING-APRIL 25, 1989
The Regularly Scheduled Andover Planning and Zoning Commission
meeting was called to order by Chairman Becky Pease at 7:35 P.M.,
Tuesday, April 25, 1989 at the Andover City Hall, 1685 Crosstown
Boulevard N.W., Andover, MN.
Commissioners Present: Jovanovich, Ferris, Bernard, Spotts,
Sabel
Commissioners Absent: Vistad
Also Present: Jay Blake, City Planner; Todd Haas,
Assistant City Engineer; d'Arcy Bosell,
Zoning Administrator; others
Approval of Minutes - April 11, 1989
Page 17, the next to the last line regarding the garage being
built should say "building" permit rather than special use
pe rmi t.
MOTION by Sabel, seconded by Bernard to approve the minutes of
April 11, 1989 as corrected. Motion carried on a 5 yes, I
present (Jovanovich) vote.
Special Use Permit, North Twin Cities Church of Christ, Cont.
Mr. Blake asked that the Planning Commission review this request
to locate a church in a residential district, noting that
churches are allowed by Special Use Permit in residential
districts throughout the city. The property involved is 14191
prairie Road. Mr. Blake noted that this item is continued from
the meeting of March 28. At that point in time, the Planning
Commission asked for additional information including the overall
remodeling of the horne, parking lot proposal and future expansion
of the church congregation. City staff reviewed those documents
and notices were sent to the property owners within 350 feet.
Mr. Blake explained that the following criteria is used in
determining whether or not a special use permit should be
approved: 1) The affect on the general health, safety and
welfare of the community. Several churches have been located in
the rural area of our city; other churches are in the R-4
district. 2) Existing and anticipated traffic. One of the
concerns staff had was where the parking lot was going to be
located. 3) What effect would the proposed use have on
values of property and scenic views in the area. 4) Effect on
the Comprehensive Plan. Our Comprehensive Plan indicates that
churches should be in residential districts, both rural and
urban.
Mr. Blake explained that the church is proposing to use the
existing access point off Prairie Road. The parking lot will be
on the south side of the building and will have 35 to 40 parking
spaces including handicapped parking. There will be trees
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Regular Planning Commission Meeting
April 25, 1989 - Minutes
Page 2
(NTCC S.U.P., Cont.)
planted around the parking lot to screen it from the neighbor's
view. The meeting area will be 800 square feet which is
sufficient for an occupancy of 100. The exterior of the building
will have a ramp for handicapped accessibility. The interior
will be altered so the meeting hall will be on the north side.
The kitchen will remain as is. There will also be a handicapped
accessible bathroom. There will not be any other significant
changes within the interior of the home. In the future the
proposal would be to move the existing stairway back to expand
the meeting hall. The lower level will contain offices, work
space and Sunday School rooms.
Fred Boggs, North Twin Cities Church of Christ - explained to the
audience where the alterations would take place. He also noted
that for Phase 2, the kitchen would be removed so that there
would be room for 150 occupants. The garage would then be used
as an entryway.
Commissioner Sabel asked
take to get to Phase 2.
five years.
for an estimate on how long it would
Mr. Boggs felt it would be approximately
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Commissioner Ferris asked why they want to convert a house
instead of getting a vacant parcel of land and building a church.
Mr. Boggs noted that this will fit their immediate and future
needs.
Joe Passofaro, Coldwell Banker Real Estate - explained that to
build a commercial structure would cost far in excess of the
purchase price of this property.
Commissioner Ferris asked what assurance we have that this church
will not fail. Mr. Boggs noted that they have financial backing
from their home church in Texas. He also noted that they have
the funds to do Phase I.
Commissioner spotts asked how far the nearest property dwelling
line of sight is. Mr. Blake noted that it is directly across the
street from the entrance to this property.
At this time, Chairman Pease opened the public hearing.
Doug Steele, 643 - 140th Lane N.W. - expressed concern that this
is spot zoning and over the years, Andover has not allowed spot
zoning. He stated that this has been a residential and farm
neighborhood for the last 100 years. He also noted that prairie
Road was designed as a low traffic residential road and with a
church in this area we have a potential for a real disaster. Mr.
Steele also felt that there are other places more suitable for a
church.
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Regular Planning Commission Meeting
April 25, 1989 - Minutes
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) (NTCC S.U.P., Cont.)
Richard Fuller, 13948 prairie Road N.W. - asked how far the
parking lot is from the centerline of Coon Creek. Commissioner
Sabel stated that is is 150 feet. Mr. Fuller felt that there is
a problem with encroachment on the flood plain, explaining that
if they are within 300 feet of the centerline of Coon Creek
there is a serious problem. He urged the Planning Commission to
deny this request.
Mr. Boggs explained that the parking lot is on the other side of
the building, not on the same side as the creek.
Doug Steele asked if they have approval from the Coon Creek
Watershed Board. Mr. Boggs stated that he was unaware of the
need for their approval. Mr. Blake noted that the city
considered that and the church will be required to request
approval from the Coon Creek Watershed Board or the Department of
Natural Resources. If approval is not received, the Special Use
Permit will not be recorded.
Joe Passofaro - stated that he has been working with Mr. Boggs
for over a year. He feels that this church will only enhance the
area. When people move into an area they ask about the schools,
churches and shopping.
/ \ Allan Chapman, 14212 prairie Road - felt that if Mr. Boggs'
, / church has financial backing, they could build something that
would meet their needs. Mr. Chapman also expressed concern
about the number of meetings, the hours of the meetings, etc.
Mr. Blake explained that this would not be spot zoning as
churches are allowed in all residential districts in our city.
In 1971, the city said churches should go into residential
districts. This will remain a residential area. prairie Road
is an MSA road, which means that we receive additional funds from
the state to upgrade that street. He also noted that the
Planning Commission has the authority to place restrictions on
the Special Use Permit.
Sue Chouinard, 14123 prairie Road - Noted that she is a licensed
day care provider living directly south of this property. She
expressed concern abut the traffic and felt that this church will
be an eyesore.
Ms. Sabel asked Ms. Chouinard if she does day care on the
weekends. Ms. Chouinard stated that she does not.
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Regular Planning Commisison Meeting
April 25, 1989 - Minutes
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,j (NTCC S. U . P ., Con t. )
Richard Fuller - expressed concern over the Planner's suggestion
that this can be approved now and worry about the conditins of
the permit later. He felt that those concerns should be
addressed before it's approved.
Dale Spaulding - 14370 prairie Road - asked if there would be a
time limit on this permit and if they would be required to
provide an escrow so that the building can be converted back to
a single family home if the church fails.
Paul Olson, 14030 prairie Road - stated that prairie Road is
definitely a residential street and expressed concern that a
child will drown in the creek.
Carol Hofstad, 684 Andover Boulevard - noted that there is a
Church of Christ in Fridley in their parsonage has been empty for
a year.
Mr. Boggs explained that they are of the same group but that
church is in Fridley and they plan to have their church in
Andover.
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Patty Hodge, 25 - 8th Avenue N.E., Osseo - stated that they are
not radical people; this is a missionary church and they are just
regular people.
Chairman Pease asked that the emotional issue be separated as the
Planning Commission has to take into consideration the zoning
ordinance.
Doug Steele
church, but
rural area.
this is the
- stated that he doesn't have anything against the
felt that they picked a bad location as this is a
Mr. Boggs explained that this is a growing area and
area where they feel a church would grow.
Chuck Hodge, 25-8th Avenue N.E., Osseo - regarding when the
congregation would meet, he stated that they would meet Sunday
mornings, Sunday evenings and one night during the week. He also
explained that their supporting church in Texas is a wealthy
organization who believes in evangelizing. They send people out
to all parts of the world. The home church has allotted $150,000
to purchase property for this congregation.
MOTION by Ferris, seconded by Bernard to close the public
hearing. Motion carried unanimously.
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Regular Planning Commission Meeting
April 25, 1989 - Minutes
Page 5
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Commissioner Bernard asked if the church should have their
permits from the DNR, etc. before the Planning Commission makes
their recommendation. Mr. Blake noted that it has always been
city policy to get the special use permit approved first and then
obtain the letters of approval.
d'Arcy Bosell, Zoning Administrator - explained that we have in
place certain ordinances that deal with the management of water.
Historically, we have just required that the permit be received
before City Council approval.
Commissioner Ferris noted that the house was originally built for
an occupancy of 4 to 6 and the septic system was designed for
that number of people, not 100 occupants. Mr. Boggs stated that
the architects looked into all of the matters and he felt that
they would have looked at the septic system size also.
Mr. Ferris stated that there has been a lot of concern about the
traffic. The speed limit is 35 on prairie Road. He asked what
kind of traffic study we can request and who would do it.
Mr. Blake explained that the Minnesota Department of
Transportation would be required to review the plans to make sure
the entrance is safe.
, 'j MOTION by Ferris, seconded by Bernard that the Andover Planning
,/ and zoning Commission recommend to the City Council approval of
the Special Use Permit requested by Fred Boggs of the North Twin
Cities Church of Christ to locate a church at 14191 prairie Road
N.W.. A public hearing was held; there was considerable
opposition by residents of the community as well as a number of
supporting remarks made. The recommendation is based upon a
number of conditions, which include: 1) the church must submit
and have building renovation plans approved by the City Building
Official prior to construction and occupancy. All renovations
must meet the requirements of the Minnesota Uniform Building
Code; 2) the parking lot must be paved and adequate lighting
installed. Plans must provide for adequate expansion of the
church congregation and provide one handicapped parking space per
fifty spaces; 3) The church will be allowed one identification
sign not to exceed twenty-four square feet in size. The sign
must meet all district setback requirements. All appropriate
sign permits must be completed and on file with the Zoning
Administrator; 4) The Landscape Plan must be submitted and
approved by the Andover Review Committee; 5) Appropriate permits
must be in hand, including the Coon Creek watershed Board, Army
Corps of Engineers, etc.; 6) Traffic review should be completed
by MnDOT; 7) All state codes must be adhered to; 8) This will be
limited to phase 1 and 2 as described; the only exterior
alterations would be the parking lot, handicapped parking and
handicapped access.
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Regular Planning Commission Meeting
April 25, 1989 - Minutes
Page 6
(NTCCC s.u.P., Cont.)
Discussion: Commission questioned several items, such as a time
limit on the construction, conditions of the special use permit,
etc. Mr. Blake noted that the building needs to be completed
within one year.
Vote on Motion: Yes - Sabel, Bernard, Spotts, Ferris, Pease;
No - Jovanovich.
Motion carried on a 5 yes, I no vote. This will go to the City
Council on May 16, 1989.
(Recess 9:00 - Reconvene 9:10)
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Olesen Addition Preliminary Plat
Todd Haas explained that this property is zoned R-3 and Mr.
Olesen is proposing 7 residential lots. Recently the city put
streets in this area and Mr. Olesen was assessed for a portion of
the street and to pay for it, he is platting his property. City
staff has a concern with Lot 4, Block 2 as the existing house on
this lot is within the proposed setback area. The water table in
this area is down 18 feet; soil borings have been received; and
Phase I of the plat will be Block 1. When the streets were put
in, storm sewer was not part of the project. The city's
consulting engineers designed something to help eliminate
drainage to the pond to the south. The water would go to a
holding pond instead. Mr. Haas noted that the cul-de-sac needs
to be shown with a 20 foot radius on the right-of-way. Lot 1,
Block 2 does not meet the 2.5 acre requirement; and Lots 1, 2,
and 3 of Block 1 do not meet the 300 foot requirement at the
building setback line. However, the City Council will allow Mr.
Olesen to plat these lots.
Mr. Blake noted that one of the concerns is the alignment of the
streets in the city. This plat has an intersection that is 80
feet off. The city allows them to be 150 feet apart, but this
one would require a 70 foot variance. The problem is that the
road is lined up with the existing home on the property. We have
two options: 1) we could let this lot go inor; 2) we could
require the home be removed.
Commissioner Ferris asked how many variances there are on this
plat. Mr. Blake stated there are three for lot width, one for a
lot that does not meet the minimum size, a variance on the
distance between the two streets and a house that is within the
setback.
Eugene Olesen - explained that the house is a 10 room structure
with five bedrooms. The house is as square as a brick and it
would be terrible to have to remove it. Ms. Sabel asked if the
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Regular Planning Commission Meeting
April 25, 1989 - Minutes
Page 7
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house can be moved. Mr. Olesen stated that it can but he doesn't
want to move it. He also stated that the City Council has given
him preliminary approval of this plat.
Mr. Olesen agreed to move the lot lines so that the lot that was
less than 2.5 acres will become 2.5 acres.
At this time, Chairman Pease opened the public hearing.
Wayne Nevalinen, 3531 - 173rd - has no objections to the plat.
Discussion was on the lot that has the existing house and what
would happen if the county decided to upgrade County 58. d'Arcy
Bosell noted that the county would negotiate with the property
owner to either buy the house from them or they would make some
other type of arrangement.
Mr. Nevalinen asked if the grading and drainage from Mr. Olesen's
plat would create a pond in his back yard. Ms. Bosell explained
that Mr. Olesen cannot increase the water on Mr. Nevalinen's
property; he has to either have a ditch system or ponding.
MOTION by Sabel, seconded by Jovanovich to close the public
hearing. Motion carried.
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MOTION by Bernard, seconded by Spotts that the Andover Planning
and Zoning Commission recommend to the City Council approval of
the preliminary plat of Olesen Addition being developed by Eugene
Olesen. A public hearing was held and there was no public
opposition. The plat has been reviewed by the City Engineer and
some revisions will be made to make Lot 1 legal size.
Variances will be granted for Lots 1, 2, and 3, Block 1 as
recommended by the City Council as part of Improvement Project
87-26. Variances will be granted for the offset of 174th and for
the house on Lot 1, Block 2 which is located in the setback.
Platting will be pursuant to the grading plan. Comments were
received from the Anoka County Highway Department. The driveway
for Lot 1, Block 2 will exit onto 174th Avenue as recommended by
the Assistant City Engineer. The developer is responsible to
obtain all necessary permits from the DNR, Watershed and Corps of
Engineers. Park dedication will be as determined by the Park
Board.
Motion carried unanimously. This will go to the City Council on
May 16, 1989.
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Ordinance 8, Sign Section - Revisions
d'Arcy Bosell was present to discuss this item. Regarding
election signs, she noted that a lot of cities allow the winner
of a primary election to leave his signs up until after the
general election. Also, in some cities erection of the signs
Regular plannin( :ommission Meeting
April 25, 1989 ~'Minutes
Page 8
(Ord. 8, Signs, Cont.)
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coincides with the date the candidate files.
Another question that was asked by the Council was whether a real
estate sign offering property for sale, lease or rent would
require a permit. Ms. Bosell felt that this type of sign should
require a permit. She also felt that a for sale sign announcing
a development needs to be 130 feet from a residence to allow
for the ability to maneuver around the structure.
Temporary signs are next to impossible to manage. Ms. Bosell
suggested that election signs have a fee of $25.00. This would
be to cover the cost of having a staff person remove signs that
were placed in the wrong location or left up after an election.
Ms. Bosell explained that at the present time, reader
are allowed to be used for 30 calendar days per year.
system has worked well.
board signs
This
Monument signs - in other cities, such signs are allowed one per
development and/or one per street entrance. They are generally
24 square feet in size.
Mr. Ferris asked if there is a size limit on election signs and
how far back they need to be. Ms. Bosell stated that they need
to be 10 feet from the right-of-way line. Mr. Blake noted that
we limit them to 30 square feet per lot but council felt that was
too restrictive.
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~ _) Mr. Bernard felt it is necessary to have someone responsible for
election signs, but thought a $10.00 fee would be fair. The
concensus of the Commission was to charge a $10.00 fee for
election signs and that the monument signs should be added under
Section 0, General Provisions, Subsection 2.h.
This item will go to the City Council on May 16, 1989.
Comprehensive Plan: Request for Proposal
Mr. Blake reviewed his request for proposal for the Comprehensive
Plan.
Planning and Zoning Commission Mission statement
Mr. Blake will combine the two statements and bring the statement
back for the next meeting.
Other Business
Mr. . Blake re,viewed inf~r;nat}on provided regarding the granting
vanances. _ .I ~,9,61
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MOTION by Jaeobsorr, Seconded by Ferris to adjourn. Motion
carried.
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Meeting adjourned at 11:15 P.M.
Respectfully submitted,
LL./~
Vicki Volk. City Clerk