HomeMy WebLinkAboutJune 13, 1989
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CITY of ANDOVER
Regular Plann~ng and Zon~ng Comm~ss~on Meet~ng
June 13, 1989
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The Regularly Scheduled Andover Planning and zoning Commission
meeting was called to order by Chairman Pease at 7:30 P.M.,
Tuesday, June 13, 1989 at the Andover City Hall, 1685 Crosstown
Boulevard N.W., Andover, MN.
Commissioners Present:
Commissioners Absent:
Also Present:
Bernard, Vistad, Ferris, Sabel, spotts
Jovanovich
Jay Blake, City Planner; Todd Haas,
Assistant City Engineer
Approval of Minutes - May 23, 1989
MOTION by Sabel, seconded by Vistad to approve the minutes of May
23, 1989 as presented. Motion carried.
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Special Use Permit, Rosella Sonsteby, Mining Permit
Todd Haas reviewed the request, noting that the request is to
mine soil pursuant to Ordinance 8, Section 4.24. The applicant
is proposing to excavate and clean out several ditches, create
ponds and/or excavate the existing ponds. Mr. Haas noted that
staff has visited with the applicant on numerous occasions and
has provided a great deal of assistance to ensure that the
application is complete. However, it is apparent that items are
missing or incomplete. The following are problem areas of the
request: No estimated time schedule is provided; the estimated
date of completion is not indicated; 143rd Avenue is proposed as
a haul route and this street may not be able to handle the large
volume of truck traffic; the type of equipment to be used on the
site is not indicated on the application; the existing land
elevations have been submitted but the existing water table
elevations are not shown; the proposed excavation to be made
showing the confines or limits have been indicated but it appears
to be a rough diagram showing the confines or limits; presnet
zoning and land use have been indicated for a portion of the
property but is not indicated on other portions of the property
which have a different zoning classification; the scale, north
arrow and names of existing streets are not indicated on the
drawing.
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Jay Blake stated that the proposed mining permit, if completed
property, should have no significant impact on the health,
safety, morals and general welfare of the community. The
proposed truck traffic would use l43rd Avenue through Auditor's
Subdivision 82 to County Road 9. This could create safety hazards
for the residents and the sight distances at this interseciton
are poor and could present a traffic safety problem on Round Lake
Boulevard. The applicant has neglected to indicate the exact
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Planning and Zoning Commission Meeting
June 13, 1989 - Minutes
Page 2
(Sonsteby SUP, Cont.)
location of the road from the mine site to 143rd Avenue. The
proposal should have a minimal negative effect on property
values; however, if the truck traffic through Sub 82 is long
term, staff believes that it could be detrimental to the
condition of the road. Control over the length of the mining
process and the times of operation could prevent long term damage
to the neighborhood. The proposal will have a minimal negative
effect on the Comprehensive Plan. Mr. Blake noted that staff
recommends that the request be tabled at this time until the
application requirements are met. Staff also recommends that the
city request responses from the DNR and/or U.S. Army Corps of
Engineers regarding the excavation because it is in a wetland
area. One other item that needs to be indicated on the drawing
is the boundary of the DNR protected wetlands.
Commissioner Ferris asked if there are any gas easements on the
property. Mr. Blake noted that to the east there are easements
for Midwest Gas.
Commissioner Sabel asked if the ditches are existing. Mr. Blake
noted that they are.
Rosella Sonsteby, 4151 - 141st Avenue N.W. - stated that there
are no gas easements running through her property. This property
has been agricultural land. The city has chosen to divert 90
acres of storm water to her property from the east and she
thought that a mining permit would best utilize her land. The
main reason for mining the dirt is for use for the mobile home
park to the north. She also noted that most of the dirt will be
hauled out via County Road 116, not 143rd Avenue. Ms. Sonsteby
felt that she has done everything that has been asked of her.
She also noted that this will be an ongoing operation.
Mr. Ferris noted that all of the mining permits he has seen in
the past have had all of the information that was requested. On
this permit request, he does not know what they are going to do.
He suggested that she do this in phases and come back with a
specific plan for each phase.
Chairman Pease stated that Ms. sonsteby has a general idea of
what she is going to do; however, she needs to put on paper what
that plan consists of.
Commissioner Vistad recommended tabling this until all of the
required information is provided.
Ms. Pease explained that the Planning Commission always requires
the amount of soil to be removed, what the topography is going to
be like after the area is dug out, what precautions will be taken
to protect children, etc.
Commissioner Sabel stated that the commission would be more
comfortable if Ms. Sonsteby had a definite plan of attack and if
the parcels to be mined could be clearly identified.
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Planning and zoning Commisison Meeting
June 13, 1989 - Minutes
Page 3
(Sonsteby SUP, Cont.)
Ms. Sonsteby stated that it is hard to know how much dirt will be
needed.
Mr. Blake noted that the city has always required 4:1 slopes on
mining permits. We have never given carte blanche to any land
owner to dig whenever and wherever they want. He explained that
in January he met with Ms. Sonsteby and outlined the requirements
for a mining permit. Two or three weeks later we received the
application with no maps. Mr. Blake feels that he has taken
every effort to provide assistance to Ms. Sonsteby.
Commissioner Bernard questioned the water that Ms. Sonsteby said
has been diverted to her property. Mr. Blake explained that that
issue has gone to court and it was found that the city has not
put additional water on her property. He also noted that he
spoke to a person who has lived in the area for 22 years and that
person said it has been swamp land for the last 22 years.
Mr. Haas stated that he and Jay suggested that if Ms. Sonsteby
didn't feel they had the capabilities she should hire a surveyor
or engineer to help her.
Commissioner spotts asked if there are any other items that might
crop up in addition to what is listed in the agenda material.
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Mr. Blake noted that Todd went through the application item by
item and the information missing is listed in the material
provided to the Commission.
At this time Chairman Pease opened the public hearing.
Don Legge, 14417 vinta~e Street N.W. - concerned because within
the last year, 13 to 1 children have moved into this area.
Truck traffic going down 143rd would cause a traffic hazard. The
other situation is that there is no date of completion on this
project. The neighbors don't want this going on year after year.
There are no finished grades provided. Mr. Legge asked that this
be tabled so he can present this information to his neighbors.
He is also interested in wildlife and is concerned what will
happen to the wildlife in this area.
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Dennis Reinhart, 14279 Woodbine expressed concern because the
park in that area has just been completed.
Robert Belousek, 14076 Aztec Street N.W. - asked where the access
road to County Road 116 is located. Mr. Haas pointed that road
out on the map. Mr. Belousek asked what the affect of the truck
traffic on 116 would be. Ms. Pease noted that this is a part of
the concern. Mr. Belousek also questioned the dust that would be
generated. Ms. Pease noted that the Commission asks that the
dust be controlled. There is usually a set of conditions that
are included with these permits.
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Planning and Zoning Commission Meeting
June 13, 1989 - Minutes
Page 4
(Sonsteby SUP, Cont.)
Vince Martin, 844- 41st Street, Anoka - asked what the days and
hours of the digging would be.
Ms. Pease noted that it is generally 8:00 to 8:00 Monday through
Friday and from 8:00 - 4:00 on Saturdays.
MOTION by Vistad, seconded by Bernard to close the public
hearing. Motion carried.
Commissioner spotts asked Ms. Sonsteby if she would be willing to
work with the Planning Commission to clean up the items that are
missing from the application. Ms. Sonsteby stated that she would
be willing to do that.
Ms. Sabel asked that Ms. Sonsteby also work with an engineer as
she felt that there are things that could be done to make the
area look nice.
MOTION by Vistad, seconded by spotts to table this item until the
application requirements are met. Motion carried.
Variance, Buchman, 14081 Aztec street N.W., Rear Yard Setback
Jay Blake reviewed the request of John Buchman for a ten yard
setback variance to allow for the construction of a deck off the
rear of the home. The house currently sits between 33 feet and
36 feet from the rear property line. The doe meets the minimum
lot depth requirement; however, the cul-de-sac reduces the lot
depth in the center of the property to approximately 110 feet in
the center of the lot. This property is zoned R-4 and the rear
yard setback is 30 feet. Mr. Blake stated that requiring the
deck to be 30 feet from the proeprty line would not allow the
property owner to design a reasonable deck. The resulting deck
would be between three and six feet in depth. Since the home was
designed for a deck and a sliding glass door has been installed,
the strict interpretation of the ordinance will cause unnecessary
hardships to the property owner and preclude reasonable use of
the property. The hardship is caused by the narrowness of the
center of this lot. Therefore, the shape of the lot creates a
hardship to the property owner. This hardship was not created by
the property owner. The city approved the plat and allowed the
home to be placed on this property.
Mr. Blake also noted that the setback requirements are
established to create open area between homes and allowing this
deck to encroach to within 20 feet of the rear line will not
present a problem as the home at 3911 - 140th Lane is
approximately 59 feet from the rear property line and the home at
3897 - 140th Lane is 58 feet from the rear property line. Mr.
Blake felt that sufficient open space will be maintained between
the homes in the area. He also felt that either requiring the
home owner to remove the sliding glass door or constructing a
three foot deck would be unreasonable.
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Planning and Zoning Commission Meeting
June 13, 1989 - Minutes
Page 5
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Commissioner Vistad asked if the property owner was aware of the
setback requirements when he purchased the home. Mr. Buchman
stated that he was very surprised to hear that they didn't meet
the rear yard setback requirements.
Mr. Blake felt that this is a situation where the building
department may not have approved the deck plans or they may not
have caught the fact that the deck would have been in the setback
area.
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Mr. Vistad stated that the more we go into the setback area, the
more uncomfortable he gets. Mr. Blake thought the issue is the
intensity of what to go with. He felt that 20 feet would be
appropriate.
MOTION by Spotts, seconded by Ferris that the Andover Planning
and Zoning Commission recommend to the City Council approval of a
variance requested by John Buchman, 14081 Aztec Street N.W. (lot
7, Block I, Northglen 5th Addition), to construct a wood deck 17'
x 17' on the rear of the existing home. This is a variance of 10
feet pursuant to Ordinance 8, Section 6.02, minimum setback
requirement of 30 feet. The home was designed and build with an
exit on the rear by installing a sliding glass door. Ordinance
8, Section 5.04 pertains to topography of th land or physical
conditions of property. The variance would not be detrimental to
public welfare as the houses to the rear are about 60 feet from
the rear property lines. The proposed use will not adversely
affect the existing or potential use of adjacent properties; the
use conforms with the Comprehensive Plan; and it is necessary to
the reasonable use of the land.
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Motion carried unanimously. This will go to the City Council on
July 5, 1989.
(Recess 9:00 - Reconvene 9:08)
Meadow Creek Church Amended Special Use Permit
Jay Blake reviewed his memo regarding the request of Meadow Creek
Church for an amended special use permit for the addition of a
new worship sanctuary and offices. He noted that the church has
received several amended Special Use Permits to expand operations
at their current location. In 1977 they received a permit to
open a Christian school with approximately 200 students. In 1980
they again received an amended permit to increase the number of
students from 200 to 300. Again in 1984 they received an amended
permit to allow for the increased enrollment through 1989.
Mr. Blake noted that the current request is for the construction
of a new office area and sanctuary with balcony. The addition
will extend from the existing building to the west and a new
driveway will be constructed between the building and the pond.
Two access points onto Bunker Lake Boulevard will be maintained
and the western access will be moved to line up with Jonquil
street.
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Planning and zoning Commission Meeting
June 13, 1989 - Minutes
Page 6
(Meadow Creek Church Amended SUP, Cont.)
Mr. Blake also noted that the church will be adding parking on
the west side of the holding pond. The ordinance requires that
there be one parking space per three seats in the sanctuary. The
proposed sanctuary will seat 868 people and the site plan calls
for 380 parking spaces. This will exceed the parking
requirements.
Regarding the criteria for granting a Special Use Permit, Mr.
Blake explained that the expansion of the church will not have a
significant negative effect on the health, safety or general
welfare of the community. The proposal will have no significant
negative impact on property values and scenic views in the area;
and it is in compliance with the Comprehensive Plan.
Don Jacobson, representing Meadow Creek Church explained that
this request has nothing to do with the school; it is just for
the church. He also asked that the site plan provided be
provided to the City Council.
At this time Chairman Pease opened the public hearing. No one
was present to speak regarding this request.
MOTION by vistad, seconded by Bernard to close the public
hearing. Motion carried.
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MOTION by Vistad, seconded by Sabel that the Andover planning and
zoning Commission recommend to the City Council approval of an
Amended Special Use Permit requested by the Meadow Creek Church
for the construction of a new office and worship sanctuary on
property described as the South 1316.20 feet, measured at right
angles to the south line, of that part of the SW 1/4 of the NW
1/4 as measured at right angles to the east line thereof, Section
33, Township 32, Range 24, Anoka County, Minnesota, except the
South 360 feet of the West 240 feet as measured at right angles
to the south and west lines thereof. The expansion of the church
facility will not have a negative effect on the health, safety,
or general welfare of the community; the plans show more than 300
parking spaces which exceeds ordinance requirements; it will not
depreciate surrounding proeprty values and it is in harmony with
the general purpose and intent of the Comprehensive Plan and
zoning Ordinance.
The following conditions will be a part of the special Use
Permit:
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1. The proposed building will meet setback requirements of the
R-4 zoning district, including 40 feet from Bunker Lake
Boulevard, 30 feet from the rear lot line and 10 feet from the
side property lines.
2. The site plans will be reviewed and approved by the Andover
Review Committee.
3. The western access road will line up with Jonquil Street in
order to provide a safer intersection.
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Planning and zoning Commission Meeting
June 13, 1989 - Minutes
Page 7
(Meadow Creek Church SUP, Cont.)
4. All appropriate building permits will be obtained prior to
construction.
5. The Special Use Permit will be reviewed annually to ensure
compliance with city ordinances.
6. Copies of the site plan are to be attached to the Special Use
Permit for forwarding to the City Council.
A public hearing was held and there was no opposition.
Motion carried unanimously. This will go to the City Council on
July 5, 1989.
Sketch Plan Review, Wandersee
Todd Haas reviewed the sketch plan, noting that the current
zoning is R-4, city sewer and water can be made available to
serve the property and all lots meet the 11,400 square foot
requirement. The Andover Review Committee is concerned that the
adjacent undeveloped land has not been considered by the
developer. The City Council had concerns on how to get
Underclift Street out to Round Lake Boulevard.
Robert Wandersee read the following objections to extending
Underclift to Round Lake Boulevard: "1. Regarding the property
to the south of our land owned by Hagens and Rosella. Said
property would not be feasible to build on because it is 6' to 8'
lower then the proposed road, also lower than Round Lake
Boulevard. 2. If road were extended from Underclift south to
Round Lake Boulevard, it would be one more exit to Round Lake
Boulevard. it would be better to have one exit, which is now
143rd and could be controlled by a semaphore, especially if a
trailer court were developed. 3. We would lose two saleable
wooded lots, valued at between $40,000 and $50,000. Also, Lot ~3
would be cut down considerable in size. 4. property would have
to be purchased from Rosella to keep our lots at a reasonable
size, adding to our loss. (Asking price $3,000.) 5. At present
time Hagens have no plans of developing their property, which is
now their garden. 6. We would have to bear complete costs of
developing road because the neighbors have no plans or finance
available. 7. If not feasible to run water and sewer from north
down Underclift, we would be willing to discuss with city an
easement from Round Lake Boulevard through our property to
Underclift. 8. We understand residents on Underclift have
strong objections to proposed road. Also people to south of us
have objected strongly. (Hagens). We also object to having
traffic go through our property at a distance of approximately 50
feet from the side of our house. Especially since presently we
have approx. 15,000 cars per day traveling 35 feet from the front
of our house. 9. During rush hour, cars are backed up from the
new semaphore at 140th Lane, making it almost an impossibility to
enter Round Lake Boulevard at our location."
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Planning and Zoning Commission Meeting
June 13, 1989 - Minutes
Page 8
(Wandersee Sketch Plan, Cont.)
Commissioner Ferris questioned the fact that the property to the
south is 6-8 feet lower than the proposed road.
Todd Haas stated that they would have to design this so the water
drains from the east to the west. It's possible to fill the
property so that it would not be lower than the proposed road.
Mr. Ferris felt that the real issue is whether the developer gets
5 lots or 4 lots.
Discussion centered on bringing Underclift out to Round Lake
Boulevard and what options there are. Rosella Sonsteby noted
that there is an easement on the north side of Hagen's property
that is owned by the city.
Mr. Haas stated that there are two problems: Hagen's garage is
too close and we are trying to get the intersection (142nd Lane)
lined up.
No action was taken.
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Special Use Permit, Raintree Realty, Mining Permit
Todd Haas reviewed the request of Raintree Realty for a Special
Use Permit to mine soil from Lot 1, Block 1, Barnes Rolling Oaks.
Mr. Smith of Raintree Realty has been removing soil from the site
over the past 2 years. Over 400 cubic yards of soil have been
removed; therefore, a mining permit is required. The city has a
concern regarding Lot 3, Block 1, Barnes Rolling Oaks. This lot
has not been completed to meet the requirements of Ordinance 10,
Section 9.06 a(3). It is recommended that prior to soil being
removed from Lot 1, Block 1, Lot 3 be completed with a
certification from a Registered Professional Engineer or a
Certified Lane Surveyor that the lot is buildable. Soil borings
for Lot 3 may be needed to satisfy the requirements of the
Building Department.
Mr. Haas noted that the proposal will have no significant
negative impact on the health, safety, morals or general welfare
of the community; it will have no significant impact on traffic
or parking conditions in the area; the proposal will have no
significant negative impact on property values in the area; and
it will have no negative impact on the Comprehensive Plan.
Commissioner Ferris felt that this would improve the area and it
will also improve the line of site on prairie Road.
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Chairman Pease opened the public hearing. No one was present to
present testimony.
MOTION by Vistad, seconded by Sabel to close the public hearing.
motion carried.
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Planning and Zoning Commission Meeting
June 13, 1989 - Minutes
Page 9
1 (Raintree Realty SUP, Cont.)
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MOTION by Ferris, seconded by Vistad that the Andover Planning
and Zoning Commission recommend to the City Council approval of
the Special Use Permit requested by Raintree Realty to mine dirt
on Lot I, Block 1, Barnes Rolling Oaks pursuant to Ordinance 8,
Section 4.24, subject to the following: 1. Safety precautions
be taken at the end of each working day to prevent injury to
playing children, bike riders, snowmobilers, etc.; 2) the
applicant shall provide the City of Andover with a security bond
to hold the city harmless for restoration of the site as
determined by the City Engineer; 3) Signs are to be placed on
both prairie Road and 146th Lane indicating trucks hauling; 4)
the applicant is requested to make reasonable use of the property
without altering the topography greatly; 5) the applicant will
indicate the amount of dirt to be removed; 6) hauling of material
is Monday through Friday from 8:00 am to 8:00 pm and Saturdays
from 8:00 am to 4:00 pm; 7) the applicant is required to restore
the banks fo the mined area after the area has been excavated
using an approved topsoil, seed, and/or vegetation or mulch to
establish erosion control; 8) obtaining all necessary permits
from the DNR, U.S. Army Corps of Engineer, the Watershed
organization, and any other agency which may be interested in the
site; 9) the applicant has indicated that the area would be
completed by July of 1990; 10) haul route for removing dirt from
the plat would be from Lot 1 west to prairie Road to CR 16 and
removing dirt from Lot 1 to Lot 3 will be by 146th; 11) before
any material is removed from the site, Lot 3 shall be completed.
Motion carried unanimously. This will go to the City Council on
July 5, 1989.
Special Use Permit, City of Andover, Real Estate Signs in General
Business District
Jay Blake explained that this is a request to replace the
existing signs advertising the Commercial Park. There will be
two advertising signs on two vacant lots. Staff recommends
approval.
Chairman Pease opened the public hearing. No one was present for
the item.
MOTION by Ferris, seconded by Vistad to close the public hearing.
Motion carried unanimously.
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MOTION by Vistad, seconded by Ferris that the Andover Planning
and Zoning Commission recommend to the City Council approval of a
request for a Special use Permit on behalf of the City to erect
two advertising signs on Outlot A and Outlot B, Andover
Commercial Park. Each sign will be 32 square feet in area. The
request meets the specific criteria set out in Ordinance 8 , it
poses no health, safety or welfare issues and it is not in
conflict with the Comprehensive Plan.
Motion carried unanimously. This will go to the City Council on
July 5, 1989.
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Planning and Zoning Commission Meeting
June 13, 1989 - Minutes
Page 10
Jay Blake noted that the next meeting will contain one agenda
item, that being the Comprehensive Plan amendment for the Bruce
Hay sewer request.
MOTION by Spotts, seconded by Ferris to adjourn. Motion carried.
Meeting adjourned at 10:58 PM.
Respectfully submitted,
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Vicki Volk