HomeMy WebLinkAboutJuly 25, 1989
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CITY of ANDOVER
PLANNING AND ZONING COMMISSION
MEETING MINUTES
JULY 25, 1989
The regularly scheduled meeting of the Andover Planning and Zoning Commission
was called to order on Tuesday, July 25, 1989 at the City Hall Offices, 1685
Crosstown Blvd., at 7:30 P.M. by Commissioner Don Spotts.
Commissioners Present:
Don Spotts, Ron Ferris, Bev Jovanovich, Gretchen Sabel,
Wayne vis tad
Others Present:
Jay Blake
Approval of Minutes
Ron Ferris questioned the meaning of a split vote. Jay Blake stated a split
vote is neutral. It does not indicate a recommendation of approval or dis-
approval. Ron Ferris made a MOTION to approve minutes from the July 13 Planning
and Zoning commission meeting. Second by Gretchen Sable. Minutes approved.
Ron Ferris made a MOTION to approve minutes from June 27 Planning and Zoning
Commission meeting. Second by Gretchen Sabel. Minutes approved.
Variance, William Murphy, 3260 - 160th Lane
Jay Blake presented to commission request of William Murphy for a 20 foot front
yard setback variance to Section 4.05 (f) of Ordinance 8.
Mr. Blake stated the Andover Zoning Ordinance, Section 4.05 (f) outlines the
requirements for locating an accessory structure in front of a principle
structure. The provision allows the garage to be within 60 feet of the front
lot line on a residential lot of more than one acre in size.
Mr. Murphy's property (2.5 acres) is located on a cul-de-sac, 160th Lane NW
near Round Lake Boulevard in the pine Hills Addition. He has a single family
residence with an attached garage. The proposed structure is a 30' by 40'
garage built to store vehicles and equipment owned by Mr. Murphy.
The property is described as Lot 3, Block 4, pine Hills Addition. This lot has
a 50 foot pipeline easement that runs east-west through the entire property.
The home is situated south of the easement and the proposed garage would be
located north of the easement. Mr. Murphy wishes to face the building to the
east (towards the existing driveway) .
The following chart depicts the setback information for this proposal:
Yard
Setback Proposed
*40 feet
10 feet
Not applicable
Setback Required
60 feet
10 feet
50 feet
Front
Side
Rear
c=) The proposed structure would be located 3 feet from the pipeline easement.
* 20 foot front yard variance needed
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Planning
July 25,
Page Two
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an Zon~ng ~n~ss~on
1989 Meeting Minutes
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Ordinance #8 allows the City to grant a variance to the requirements of the
Zoning Ordinance if the strict interpretation of the Ordinance will cause undue
hardship to the property owner. The Planning & Zoning Commission should review
the request using the following criteria:
Does the strict interpretation of the Ordinance cause practical difficulties
and/or unnecessary hardships to the property owners?
The accessory structure, as regulated
to have a 60 foot front yard setback.
of the Zoning Ordinance would allow a
the 50 foot pipeline easement.
by Section 4.05 of Ordinance 8 is required
The strict interpretation of this provision
13 foot structure due to the presence of
The property is dotted with a mixture of various sized pine trees.
the structure to the east would necessitate the removal of some of
trees.
Moving
the pine
The proposal meets this criteria.
Is the hardship caused by the unique physical features of the land,
including shape or condition of the parcel?
Unique physical features of the property limit the placement of any structure
on this parcel. The fifty foot pipeline easement cuts directly through the
middle of the property. The pine trees throughout the property limit the location
of structures.
The proposal meets this criteria.
will the variance be detrimental to the public welfare?
There are no other homes that face 160th Lane NW. An accessory structure on
the property to the west is located south of the pipeline easement. No line
of vision is truly established on this cul-de-sac.
Section 4.05 also requires that an accessory structure in front of the principle
structure match the architectural style of the principle structure.
Is the variance necessary to allow the property owner the reasonable use
of the property?
Mr. Blake is not convinced that the additional storage garage at the size
proposed by Mr. Murphy is necessary for the reasonable use of the property.
Currently, Mr. Murphy has several vehicles and a trailer on his property.
In order for the property to be kept free of excess vehicles, a storage building
would be necessary, however the size of the proposed building might be considered
excessive.
A variance is necessary for locating any building in excess of 13 feet in width
in front of the pipeline easement.
Mr. Blake outlined the following options the commission can consider:
The Andover Planning and zoning Commission may recommend approval of the
variance requested by William Murphy for a 20 foot front yard setback
variance to allow the construction of a garage in front of the principle
cont'd...
Planning and Zoning ~nission
July 25, 1989 Meeting Minutes
Page Three
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structure on property described as Lot 3, Block 4, Pine Hills Addition,
Anoka County, Minnesota.
The Planning Commission finds that the proposal meets the minimum criteria
established in Ordinance 8, Section 5.04 including: the strict interpretation
of the Ordinance causes the hardship, the hardship stems from the unique
shape, topography or physical features of the land, the variance will not
be detrimental to the public welfare and the variance is necessary for
the reasonable use of the property.
The Andover Planning and Zoning Commission may recommend denial of the
variance requested by William Murphy. The Commission finds that the
proposal does not meet the requirements set forth in the City's Zoning
Ordinance #8, Section 5.04. The Council finds that the applicant fails
to show a hardship due to the unique shape or topography of the parcel
and that the land owner would not be precluded reasonable use of the
property.
The Andover Planning and zoning Commission may table the item.
The Andover Planning and zoning Commission may recommend approval of a
reduced variance to allow the construction of a smaller accessory building.
Staff recommends the Planning and Zoning Commission recommend approval of a
reduced variance to allow the construction of a smaller accessory building.
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Commissioner Vistad noted that Section 4.05 of Ordinance 8 states no detached
garage or accessory building shall be located nearer the front line than the
principle building.
Jay Blake responded that Ordinance 8, Amendment U, adopted in 1983, amends
ordinance in that on a residential parcel, where the lot is one acre or more,
a detached garage or accessory building may be constructed closer to the front
lot line than the principle structure, however the minimum distance it may
be from the front lot line is 60 feet. Request is for variance to this amended
ordinance.
Commissioner Ferris asked what the topography is in area of proposed garage.
Mr. Blake replied the area is relatively flat with a line of trees in front.
Ferris questioned the height of the trees. Mr. Murphy stated between the garage
and the road the trees are 25 feet high. Commissioner Ferris asked in what way
the trees create a hardship. Mr. Blake answered that protection of the trees
would be the hardship. He noted that state statutes say protecting unique
features of the property i.e., large trees, can be justification for a variance.
Mr. vistad asked Mr. Murphy if he could build garage elsewhere on lot, where he
would not need a variance.
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Mr. Murphy said he could not, without taking down trees. Mr. vis tad pointed
out a large area on Mr. Murphy's property that could accomodate a garage, without
requiring a variance. Mr. Murphy stated the driveway would have to run through
the front yard to have access to the garage in that location.
Mr. Vistad said it will set a precedence if variance is allowed in order to
save trees.
cont'd...
Planning and Zoning ~ission
July 25, 1989 Meeting Minutes
Page Four
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Mr. Blake reminded Mr. Vistad that commission has in past allowed variance to
save trees, and state statutes consider saving trees justifiable reason for
variance.
Mr. Vistad said previous variances to save a tree or trees involved a small
number of feet, and Mr. Murphy is requesting a 20 foot variance.
Mr. Murphy stated that he is not trying to save a single tree but two entire
rows of pine. Mr. Murphy also stated a driveway across the front yard would
look bad.
Mr. Vistad asked Mr. Murphy if he built the house. Mr. Murphy said he did.
The house is a walk-out and was set on lot to take advantage of slope and
positioned to locate the driveway to the cul-de-sac.
Mr. Vistad stated that when a person buys a lot with a pipeline easement, they
know there will be restrictions. Mr. Vistad feels granting a variance in this
case would set a precedence. Mr. Vistad does not see a hardship.
Mr. Ferris noted that there is 80 feet from trees to easement. He suggests
that area could be an alternative. Mr. Murphy stated that area is his front
yard.
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Don Spotts asked what the square footage
house is approximately 1185 square feet.
accessory structure. Mr. Blake answered
the square footage must not exceed a one
of the house is.
Don Spotts asked
that Ordinance 8,
to one ratio.
Mr. Murphy stated
what ratio is for
Section 4.05 B states
Don Spotts asked if there is a dwelling on the parcel of property to the north.
Jay Blake replied there is not. Mr. Spotts asked if 160th Street will in the
future be extended to Round Lake. Mr. Blake felt that would be unlikely, as
l6lst is a collector street.
Mr. Murphy asked if he could have a driveway off Round Lake. Mr. Blake said
the city would not allow.
Mr. Vistad made a MOTION that the Andover Planning and Zoning Commission recommend
to the City Council denial of approval of variance request by William Murphy at
3260 160th Lane N.W., Lot 3, Block 4, pine Hills Addition for a 20 foot front
yard setback variance to Section 4.05 (f) of Ordinance 8, to allow for building
an accessory structure in front of a principle structure. The commission finds
the proposal does not meet the requirements of Ordinance 8, Section 4.05. The
applicant failed to show a hardship to topography that would uphold Ordinance.
The landowner will not be denied reasonable use of his property. Commission
has determined there are other places applicant can put structure on his property
that would not require a variance.
Second to motion by Bev Jovanovich. commissioners were polled and all agreed to
motion.
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Don Spotts informed Mr. Murphy denial of request for variance will go to City
Council on 8/l5/89. He advised Mr. Murphy to attend City Council meeting.
cont'd...
Planning and Zoning ~ission
July 25, 1989 Meeting Minutes
Page Five
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CAB Interceptor, Discussion
Jay Blake opened discussion by asking the Andover Planning and Zoning
Commission to review the plans for the extension of the Champlin-Anoka-
Brooklyn Park Interceptor (CAB). Hakanson Anderson Engineering of Anoka has
been asked to design the size of the CAB lift station across the Rum River.
As part of their design criteria, the City of Andover has been asked to submit
a usage plan for the CAB.
In 1982 the City adopted the Comprehensive Plan that outlines the proposed CAB
interceptor line, or area to be served by the CAB sewer line.
Originally, the City was divided into four zones, the CAB service area, Coon
Rapids Interceptor service area, Areas to be served by other Interceptors and
Areas to not be served. The CAB was scheduled to serve most everything west of
Round Lake Boulevard, not currently served by the Coon Rapids interceptor.
In examining the future of the CAB service area, the City should be concerned
about all of the subdivisions approved by the City that have substandard lots
(less than 2.5 acres). The City should attempt to make sewer and water service
available to these parcels. Several subdivisions in the northern part of the
City could eventually cause environmental problems and therefore sewer capacity
should be planned accordingly.
The Comprehensive Plan Amendment currently under consideration by the City
Council reflects a change in the existing plan for the CAB service area.
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Mr. Ferris asked what percentage of land that falls within MUSA is developable.
He states commission must know number of lots currently exist, and how many
additional lots can be developed. That total must be compared to the maximum
capacity we would be allowed with CAB.
Mr. Vistad said it appears two and one-half acre lot owners would be unfairly
assessed. He states it is totally unfair to put such landowners in a sewer and
water area and expect them to pay for improvements they can never take advantage
of. He also states the placement of homes would make it impossible to subdivide.
Jay Blake states that sewer and water must be made available for two and one~half
acre lots if those systems fail.
Mr. Spotts asked if landowners would be forced to hook up to city water and sewer.
Mr. Blake said they would have an option to hook up but they would be required
to pay assessments regardless.
Mr. Ferris asked which lots are most critical as far as age of systems. Mr. Blake
replied that Valley View Estates have the oldest systems.
Commissioners felt there is not specific information necessary to make
recommendations.
Mr. Blake asked commissioners what specific information they want.
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Mr. Vistad wants to know the area CAB can service. Mr. Ferris wants to know
the maximum capacity CAB will advocate to Andover.
Mr. Ferris does not agree with
for the profit of developers.
is not right.
making amendments to Comprehensive Plan
Mr. Vistad agreed that rezoning for developers
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Planning
July 25,
Page six
and Zoning c(~)ission
1989 Meeting Minutes
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Mr. Ferris stated that city must bear in mind there are people who wish to remain
outside of MUSA. He states the purpose of a Comprehensive Plan is so the City
does not change it's direction with each new mayor.
Mr. Vistad added there is state legislature proposing a denial of state funding
to cities that do not follow their Comprehensive Plans.
Mr. Blake will get additional. information regarding developable land within
CAB area.
Mr. Spotts feels residents should be allowed input.
Mr. Ferris cautioned that urban and rural response cannot be compared.
Composting Resolution
Cindy DeRuyter presented a request to the Andover Planning and Zoning Commission
to review a resolution (attached) urging residents of the City to use the
Bunker Hills County Composting Site. Anoka County operates the site and there
are no fees for dropping off clean leaves and grass clippings.
Staff originally proposed an ordinance to make this practice mandatory. However,
effective January 1, 1990 it will be unlawful for city residents to discard of
grass clippings in the garbage.
Commissioner Ferris asked where the Bunker Hills Composting Site is located.
Ms. DeRuyter said the compost site is south of Bunker on the east side of road.
Mr. Vistad asked why pass an ordinance that would not be enforceable.
Mr. Blake replied that Ms. DeRuyter is suggesting a resolution, not an ordinance.
A resolution is a council supported position, not a law.
Mr. Vistad states that regardless, he is against dead paper.
Cindy DeRuyter said resolution would be printed in newsletter along with times
site is open.
Don Spotts asked why grass clippings can't go to landfill.
Ms. DeRuyter said after January 1, 1990 the landfill will not accept grass
clippings because they take so much space.
Gretchen Sabel noted that gardeners can go to compost site for clippings at
no charge.
As there is no action required of commission regarding this resolution, discussion
was ended.
Other Business
The hearing examiner ruled in favor of the city regarding The Vapors. The
building will be posted this week as a hazardous site; within 14 days all
equipment will be removed.
cont'd...
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Planning and Zoning ~=>ission
July 25, 1989 Meeting Minutes
Page Seven
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A potential commercial purchase of two lots in our commercial park has been
proposed by the Anoka VFW. They are looking for a 5,000 square foot facility
for a meeting room, restaurant and bar.
construction of a 13,000 square foot commercial building housing a Brooks
Superette and six additional spaces for tenants will begin with grading next
week. The building will be located at the junction of Bunker Lake Blvd., and
Crosstown Blvd.
The Andover Planning and Zoning Commission agenda for August 8, 1989 will only
have one item. The City Council scheduled interviews with three planning/
consulting firms. Copies of the proposals will be copied and included in the
next packet to commissioners.
Mr. Blake explained how he arrived at choosing the three firms commission
will interview. He looked at whether firm has experience in working with
Comprehensive Plan and with Metropolitan Council. He looked at budget
proposed by each firm and length of time firm was willing to commit to project.
He also took into consideration size of firm. Mr. Blake is concerned that this
job may not be given highest priority by a large firm.
Mr. Vistad commented that firms don't become large by doing shoddy work.
Don Spotts asked commissioners to develop questions to be used for interviewing.
Mr. Blake said members of the City Council may sit in on interview.
Mr. Ferris suggested applicants be required to comment on existing Comprehensive
Plan.
Gretchen Sabel asked how the selection process is handled. Mr. Blake replied
that the commission will make a recommendation to the City Council.
Mr. Ferris stated that interviews should be private in that no applying
firm will be present at interview of other applying firm.
Mr. Blake said interviews will include a brief (10 - 15 minute) presentation
by applicant and 45 minutes are allotted for each interview.
There being no further business, MOTION was made by Ron Ferris to adjourn.
Second to motion by Bev Jovanovich. Meeting adjourned at 9:30 P.M.
R~~~U}GY submitted,
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CITY of ANDOVER
ANDOVER PLANNING AND ZONING COMMISSION
MEETING MINUTES
JULY 13, 1989
A specially scheduled meeting of the Andover Planning and Zoning
Commission was called to order by Chairman Rebecca Pease at 7:30 P.M.,
Thursday, July 13, 1989 at the Andover City Hall Offices, 1685 Crosstown
Blvd., Andover, MN.
Commissioners present included Chairman Rebecca Pease, Ron Ferris,
Bev Jovanovich, Gretchen Sabel, Don Spotts, Wayne Vistad. Also present
were Jay Blake, CitY'Planner and d'Arcy Bosell.
Chairman Pease opened by explaining the only agenda item for this
meeting is the Continuation of the Public Hearing, Amendment to the Andover
Comprehensive Plan and Development Framework.
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City Planner Jay Blake presented a brief summary of the baqkground of
amendment and a review of his meeting with representatives from the DNR,
per citizen request of commission. His presentation included the following:
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History of project
Information on application
Background information regarding June 27, 1989 Planning and Zoning
Commission meeting and outcome of discussions with DNR
Qptions for the Planning and Zoning commission in making recommendation
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Discussion on Metropolitan Council action
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History of Project In late 1960's - early 1970's, the applicant, Mr. Hay,
proposed a manufactured home court for approximately 50 acres located in
Sections 29 and 30 of'Grow Township (now Andover). This proposal was for
200 - 300 mobile home units based on the requirements of our mobile home
Ordinance #6. Proposed development at that time was zoned Rl, single family
residential. Mr. Hay made a request for a special use permit. While permit
to Mr. Hay was denied, Grow Township approved a similar request to another
applicant. In 1973 Mr. Hay was issued a special use permit, in compliance
with Supreme Court order. Project was not pursued for several years until
city of Andover began to expand water and sewer availability to areas
surrounding Mr. Hay's property. In 1985 Mr. Hay went to court stating city
of Andover delayed providing him with sewer and water availability. Minnesota
Court of Appeals ruled in Mr. Hay"s favor, and ordered city of Andover to
make immediate application to the Metropolitan Council for approval of
extension of MUSA line. (Metropolitan Urban Service Area) This expansion
would allow the city to provide sewer and water capabilities through the
Coon Rapids interceptor. Original plan for this property was to be served
by Champlain, Anoka, Brooklyn Park (CAB) interceptor, which is not yet
available. Based on .c10se proximity to existing interceptor, court ruled
cont'd.. .
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An?over Planning and zoning commission
July 13, 1989 Meeting Minutes
Page Two
city of Andover must make application to Metropolitan Council to expand MUSA.
Information on Application A copy of the application was made available
to commissioners and public at the June 27 meeting. The application contains
general information, map attachments, and appendices including written comment
from the public. At June 27 meeting the application was reviewed by public
and commissioners and 'several text changes, as follow, were recommended.
That a specific.statement be included maintaining recommendation is
being made under multiple court orders,
That developer be ,required to remove temporary line when CAB interceptor
becomes available, .
That text define city is not advocate of project.
Mr. Blake issued the following report: On June 27, 1989, the Andover
Planning and Zoning Commission directed the Planning Department to contact
staff from the Minnesota Department of Natural Resources regarding the
potential development of a boat'accessfor .Round Lake on.tha property
currently owned by Bruce Hay: I contacted Larry'Killeen.fro~'the Division
of Trails and Waterways. "
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Mr. Killeen and Del Barber (also from the Division of Trails and
Waterways) visited the property on July 12, 1989. At that time, the Lake
Access Acquisition program was explained to me. It has several restrictions
that make it an inappropriate program for this site.
The Lake Access program may only acquire between two (2) and seven (7)
acres of property. The land must have good.access to the local road system
and the property must be owned by a' willing seller, a~ the DNR has'very
limited condemnation powers.'
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Finally, the access must be on a lake with high recreational and/or
fishing potential. The average depth, size of the lake and water quality
make it difficult to justify this lake as a high priority for DNR development~
Both Killeen and Barber felt that Round Lake is as an excellent wildlife lake
and that a more logical site for lake access development would be at the
existing canoe/boat launch owned by the city.
Therefore, the Planning Commission should consider the Bruce Hay request
for expansion of the Andover MUSA area based on the Court decisions and not
on potential DNR development of the site.
Options Mr. Blake reports the city attorney advised Planning Commission
make every effort to review,the application and include any additional new
public testimony and/or new.issues and make a recommendation for approval or
denial to be presented to the city council at their 8/15/89 meeting. After
city council reviews and makes changes or additions, application will be
presented to Metropolitan Council.
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Metropolitan Council Action Metropolitan Council has declared this
application to be ~ major amendment to the city's comprehensive plan, and
cont'd.. .
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Andover Planning and Zoning Commission
July 13, 1989 Meeting Minutes
Page Three
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will take a full 90 day review period. If Metropolitan Council receives
application by 8/20/89, their decision could be available 11/20/89.
There being no questions from commissioners, public forum was opened.
As a final note, Mr. Blake announced he was unable to obtain a DNR map
of protected wetlands, as previously requested by Ron Ferris. 'A citywide map
indicates DNR protected wetlands and shows that a small portion of the
southwestern portion of Mr. Hay's land is protected wetland.
Don Legge, 14417 Vintage Street N.W. stated his concern regarding the
environmental impact on his well. For protection of his own water supply
he is asking for environmental impact studies.
Chairman Pease ,assured Mr. Legge that environmental impact studies are
part of the development plan. Mr. Legge questioned whether environmental
impact documents will be made available to the public. Mr. Blake stated
they would be. Mr. Legge requested that a meeting be held to discuss outcom~
of environmental impact study.
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Lee warneka, 14791 Blackfoot Street N.W., presented a copy of a brochure
depicting Oakmount Terrace development sites, including sales pi~ch by the
developer, Bruce Hay. Copy of brochure attached to minutes. Mr. Warneka
regrets this brochure was not made available during court proceedings. His
feeling is that the court would have been influenced by this description of
a development Mr. Hay sold directly next to an area he had planned for a
mobile home park.
Dan Wiseman, 14821 Blackfoot Street, noted that Round Lake appeared to
be drying up this spring. He said there was community speculation that
someone was pumping from the lake. When this story was publicized by the
media, the lake rose to its previous level almost overnight. He questions
what effect sewage construction will have on Round Lake. Mr. Wiseman further
states if the lake capacity and quality decrease because of a mobile-home
development, the city council would hold responsibility.
Mr. Blake states the DNR estimates Round Lake is down four feet because
of the dry seasons. DNR says there was no pumping from the lake. The cause
is the peat from the bottom of 'the lake coming up and going down, causing the
lake levels to fluctuate. The city council had requested a DNR inspection
of Round Lake. In as far as the diminished water quality, shallowness of the
lake did not provide high enough oxygen levels to sustain significant
populations of fish. In this case water quality ~oes not refer to pollution.
Mr. Blake also pointed out there is a shoreline management ordinance that has
been in effect for many years which restricts the size of lots bordering
Round Lake.
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Mr. vis tad added that John Stein had run test holes to see if seepage
was occurring from Round Lake under Round Lake Blvd to adjoining property.
Tests confirmed this was not the case. The water table is down four feet
and rains are making up the void.
Clay Loch, 4296 145th Lane states the addition he lives in is adjacent
to proposed mobile home park. He cites the inconsistancy on Mr. Hay's part
for proposing a mobile home park while placing restricting covenants on
\ earlier developments. He also questioned the city of Andover'~Tegulations
cont'd...
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Andover Planning and Zoning Commission
July 13, 1989 Meeting Minutes
Page Four
on shoreland development.
d'Arcy Bosell,~ddressed Mr. Loch's question by explaining that shoreland
development is a part of the Shoreland Management Ordinance. This ordinance. .
places restrictions on size and design of development within 1,000 feet of
the highwater mark on shoreline. The minimum lot size is 11,400 feet. A
manufactured home would be allowed on this city size lot. This ordinance
has been approved by the Commissioner of the DNR.
Lee Warneka, 14791 Blackfoot Street N.W'-, asked what procedure would
be for adjacent subdivisions to apply for sewer and water on same application.
Landowners would then have an option of splitting their acreage since area
would be high density.
Mr. Blake explained a petition signed by majority of homeowners
would need to be p~esented to city council. City Council would direct
Planning and Zoning Commission ~o make application to' Metropolitan council
for similar extension of MUSA line.
d'Arcy Bosell reminded residents they would not b~ able,.to utilize
Mr. Hay's line. TO,accornodate residents, a separate .line would have to be
run through someone's property,. and expense would be borne by benefited
property owners.
Mr. Blake stated that lift stations would have to be used and cost may
be prohibitive.
Mr. Ferris clarified the following points:
City has not made change.in Comprehensive. Plan with regard to sewer
and water since 1987,
city does not wish to make continual requests to Metropolitan Council
for amendments to plan.
He then asked why city has not done study to determine if it would be logical
to apply for water ~nd sewer to adjoining developments.
Mr. Blake stated the CAB interceptor is the planned hook up for other
developments. Mr. 'Ferris argued that if application can be made for temporary
switch to Coon Rapids interceptor for Mr. Hay it can include temporary switch
for other residents.
Mr. Warneka restated his opposition to high density development, but
noted that if it has to be, it should be done fairly.
Mr. Blake resPonded by saying a petition must be served to city council
requesting sewer and water. Application can be amended. However, Metropolitan
Council has the power to reduce request.
Mr. Warneka states he wants application submitted as a package.
cont'd...
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Andover Planning and zo~~)g Commission
JU~y 13, 1989 Meeting Minutes
Page Five
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Gretchen Sabel asked Mr. Blake to instruct those present on petition
process.
Mr. Blake outlined petition process as follows:
City Council mus~receive a listing of all property owners within
a neighborhood. with 51' of property owners agreeing to petition, a
3/5 vote of commissioners is required to pass petition. If less than
51' of property owners agree to petition, a 4/5 vote of commissioners
is required.
Gretchen Sabel
petition requires.
a subdivision would
asked Blake to define "neighborhood" in so far as
Mr. Blake suggested a group of neighborhoods within
make' a strong petition.
Dave Rekucki, l4654 Guarani asked if Metropolitan Council would consider
petitions showing neighborhood opposit~on. Mr. Blake replied that Metropolitan
Council will accept and review petitions, but he does not know to what extent
petitions will influence decision. . Mr. Blake stated that' several petitions
are being included in application. . '.
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. Mr. Rukucki stated that in order to install line, lake will" 'have to be
dewatered. At present lake level, the dewatering will disturb soil pattern
and cause natural drainage.
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Mr. Ferris asked if environmental impact study will include 1500 foot
easement across Hay's property to the southeast.
d'Arcy Bosell answered that it will include all property that could be
affected by extension of sanitary sewer. She further explained that the
assessment worksheet determines whether there is a significant amount of
impact that would require further study. This worksheet goes to the Environmental
Quality Board, not the Metropolitan Council. The Metropolitan councia is,
however, included in review process. When EAW is prepared it is submitted
to Metropolitan Council and their comment is sought.
Mr. Ferris clarified that procedure with assessment worksheet begins
after Metropolitan Council has made decision on city application for amendment.
Dave Rekucki stated procedure seems backwards and asked if city could get
extension on submitting application pending an environmental study.
Mr. Blake states that such a request would likely be viewed as a stall
tactic. The Metropolitan Council and Environmental Quality Board have followed
procedure as outlined and if city tried to altar procedure it could be basis
for a lawsuit.
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Mr. Ferris noted th~t he doesn't see what difference procedure of events
makes, it is the end result that matters. Also, if Metropolitan Council were
to deny application as stands, it would be unjustified to have had Mr. Hay
pay for cost of environmental study. d'Arcy Bosell confirmed Mr. Ferris'
comments saying city can't require Mr. Hay to spend 1lIoney on study unless
we have Metropolitan Council approval indicating possibility of sewer extension.
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Andover Planning and Zoning Commission
July 13, 1989 Meeting Minutes
Page Six
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Herb Reinke, 4330 l47th Lane, asked if environmental assessment will include
review of the impact 300 - 600 cars will have on area. Mr. Blake acknowledged'
that issue would fall under such a study. d'Arcy Bosell stated a copy of the
17 page list of automatic considerations to be submitted by the regulatory
governmental unit (city of Andover) will be made available at city hall.
Lloyd Pollard, 2222 l45th Lane N.W., questioned the route of the proposed
sewer line. He stated:he attended several Planning and Zoning commission
meetings two years ago about draining Deans'pond and DNR would nqt even allow
a culvert. He asked how a sewer line could be considered for same area.
Mr. Blake stated. that Deans pond is on western side of property, and
DNR regulates anything below 865.5 as far as elevation. knything above 865.5
is high ground and non-regulated. Other wetlands in area are protected by
Army Corps of Engineers. Proposed sewer extensions are on eastern side of
property.
Mr. Pollard asked if Mr. Hay can prevent other residents from joining
application. Mr. Blake stated that final approval of application draft is
up to city council.
Mr. Pollard said in past there was a problem with capacity of sewer.
Mr. Blake replied that report by engineers estimates that capacity of
Coon Rapids interceptor far exceeds what is needed for existing development
and will serve more than adequately until CAB intercepto~ is available.
Mr. John Johnson, with Merila and Associates (the consulting firm
retained by Mr. Hay) addressed the.following issues: .
Mr. Hay is anxious to move ahead with the-process as outlined by staff.
Merilaand Associates have reviewed the capacity.and utilization of the
existing sanitary sewage system and found adequatg:capacity and a
significant under utilization of the existing facilities. These findings
have been submitted to city and a review by city engineers concurs with
our report. Merila and Associates find the current total system"is
operating at less than 20 -'25% of existing capacity. Even upon full
development of the area with urban service area, system would be
utilizing only 50 - 60% capacity. The proposed project at 221 units
would utilize only 1 1/2 - 2%.
Proposal is yet to be worked out as it relates to sewer depths and sizes.
If a gravity line is used, it will be no more than 10 inches. If it
is a forced maip from a lift station, it would be no larger than 4 - 6
inches. The depth of sewer will be limited to depth of sewer it is
connecting with. It is very unlikely that as it passes through the lowe~
portions of the site it will be more than 6 or 7 feet.
Merila and Assoclates believe, from 'review of information, there are two
methods that sewer service can be extended to Hay's property:
An expansion of MUSA
A swap of acres .- Andover has acres that are not currently being developed
and may not be developed for some time. Designating those acres, and
designating area for Mr. Hay's acres would be less difficult.
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Andover Planning and Zoning Commission
July 13, 1989 Meeting Minutes
Page Seven
Mr. Johnson concluded by asking the commission to complete their review and
forward recommendation to council.
Mr. Ferris asked Mr. Johnson if by "swap of acres" he was suggesting
we make a permanent connection to the Coon Rapids interceptor for Mr. Hay's
property and swap off ,acreage that might connect there later to the CAB
interceptor.
Mr. Johnson explained he is suggesting' that in a temporary fashion,
areas that are currently within the Coon Rapids interceptor service area, could
be designated as not being serviced until the CAB is constructed and the
switch is made. Jay Blake then stated there is only one property that does
not have a preliminary plat, however it does have a sketch plan that has been
reviewed by the city council. That development is on hold at this time.
It is anticipated that the Planning and Zoning Commission will be asked to
review. Therefore, a'swap cannot be done.
commissioner Vistad stated the city has a m1n~um size requirement of
4 inch pipe for a single family. How can 200 households use a 4 inch pipe?
Mr. Johnson explained there are a number of factors thai'will affect
outcome of this project. The difference in pipe sizes are a function of whether
the line is a gravity line, where the water flows by running downhill through
the pipe, versus a forced main, where water is pumped through pipe.
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commissioner Ferris made a MOTION to close the public hearing.
Second by commissioner Spotts. ' MOTION passed.
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Mr. Ferris examined the concept of adding other neighborhoods to
application. He recommends making one application to the Metropolitan Council
combining Hay's request with neighborhood request. Jay Blake confirmed that
the Planning and Zoning Commission must make recommendation to city council
within 60 days of clos~ of public hearing. This time frame would allow
neighborhoods to gather petition, if they decide to do so. The petition must
be presented directly ,to city council, which will in turn refer requeEt back
to Planning and Zoning Commission for this plan amendment.
d'Arcy Bosell reminded commissioners the city council agenda is closed
for the July 18 meeting and the following council meeting is 8/01/89. Mr. Ferris
stated that a petition could be presented during the residents forum of the
7/18/89 meeting; to go on the agenda for the 8/01/89 meeting. Jay Blake
determined if the petition was received by the city by July 21, it can be
placed on the agenda for the 8/01/89 meeting.
MOTION by Ron Ferris as follows:
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Based solely upon the Minnesota Supreme Court ruling of 1973 and the
Minnesota Appeals Court decision of February 27, 1989 I recommend that
the Andover Planning and Zoning Commission recommend to the Andover
City Council approval of' expansion of it's Urban Service Area to allow
for the construction of a manufactured home park of the S.E. 1/4 of the
N.E. 1/4 of Section 30, Township 32, Range 24 Anoka County, Minnesota
and that part of the S. 84 Rods of GOVT LOT l, Section 29, Township 32,
Range 24 Anoka County lying northerly of the following described line
commencing at the S.W. corner of said government lot 1 then North
45 degrees 00 minutes west to the shore of Round Lake and there
terminating. Property address l47th Avenue and 7th Avenue.
cont'd...
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Andover Planning and Zoning Commission
July 13, 1989 Meeting Minutes
Page Eight
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This expansion would add 'approximately 80 acres to the Urban Services Area.
The proposed manufactured home park would have approximately 220 units.
A temporary change of interceptor area from CAB to Coon Rapids is recommended
based upon the condition that the developer pay the expense to connect
to the Coon Rapids interceptor, approximately 1500 feet away and that
all applicable easements for this connection be granted and upon availability
of the CAB interceptor the developer, at his expense, will connect to
that interceptor. and remove all temporary interceptor connection lines.
The engineering'analysis'of the Coon Rapids interceptor as presented
by Merila and Associates (1/06/88) and verified by TKDA has shown that
the Coon Rapids interceptor can accomodate the anticipated flow from
the Manufactured home park.
A public hearing-was held by the Andover Planning and Zoning Commission
on June 27, .1989 and continued on July 13, 1989. Considerable opposition
was voiced by residents regarding the expansion of the Urban Service
Area for the pur~se. of construction of a manufactured home park. As
a result of this input the following changes have been made to the
"Information Submission for Major Comprehensive Plari'.~eridment":
A. The general information section now states "this amendment is
being made 'as a result of multiple court actions" and, "the
city will require that the developer remove the temporary line
when the CAB becomes available."
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n. Impact on:Housing section, section A was modified.to remove
reference .to "provide additional low income housing."
C. Implementation Program section, section A was modified to "remove
a proposed change in zoning from Rl to R5."
Other concerns in~luding repair of easement property, failure of the
development, environmental impact studies, DNR wetlands, Army Corps.of
Engineers wetlands and drainage studies would be considered as part of
the developer's "development ~lan."
The expansion of. the Urban Services Area is not in harmony with the
general purpose and intent of the city's comprehensive plan.
As the expansion of the Urban Services Area is solely to accomod.ate
development of a manufactured home park, it is felt that approval will
have a negative impact on property values in the surrounding area.
Furthermore, the, increased traffic pattern on Anoka County Highway 7
will have a negative effect on vehicle and pedestrain.traffic.
This recommendacion will be reviewed by the city council on August 15, 1989.
If approved, it would then be submitted to the Metropolitan Council for
review and acceptance or rejection on or before November 20, 1989.
cont'd...
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Planning and Zoning Commission
Ju1y 13, 1989 Meeting Minutes
Page Nine
Second to MOTION by Don Spotts. Gretchen Sabel requested first paragraph
of MOTION be amended to include mention of Comprehensive Plan Amendment.
Commissioner Spotts made following amendment to.first'paragraph of MOTION:
Based solely upon the Minnesota Supreme Court ruling of 1983 and the
Minnesota Appeals Court decision of February 27, 1989 I recommend that
the Andover Planning and Zoning commission recommend to the Andover
city Council approval of arr amendment to the Comprehensive Plan known
as the 1989 Andover Comprehensive Plan Amendment, for expansion of it's
Urban Service Aiea to allow for the construction of a manufactured home
park .... continue with legal description
Chairman Pease asked commissioners for a vote on recommendation of
approval to amendment for Comprehensive Plan.
Commissioners voting to approve are Rebecca Pease, Gretchen Sabel and
Don Spotts. Commissioners opposed are Ron Ferris, Wayne Vistad and
Bev Jovanovich.
The applicatio~ will go to 'city council on'8/15/89.witr no recommendation
from Planning and Zoning Commission. '.
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Gretchen Sabel made a MOTION to adjourn. Second by Ron Ferris. Meeting
adjourned at 10:20 P.M.
Respectfully submitted,
Theresa Hogan
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ANDOVER, MINNESOTA
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A very unique and beautifu! area with choice home sites (approx. 1 acre)
located in South West Andoy,er, l'vlinnesota. .
Oakmount Terrac~ is truly conceived for those who desire the ultimate
in seduded country living. YeLl car: commune with nature with all its en-
joyment and satisfaction and still are so close to everything. Its only 5
minutes to downtown Anoka and 25 minutes to downtown Minneaooiis.
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Oakmount Terrace will, we predict, be sold out quickly because it will in-
stantly appeal to th~ discriminating who are seeking the most ideal location
for their dream home.
. Convenants written to insure the quality of this "one of a kind" location
of home sites are included.
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Please read our distinctive ::.;oc;,ure which shows site locations and
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The Oakmount Terrace area offers an active community life, built
around an excellent school system, churches of many denominations and
many sodal, service a~d cultural organizations.
We arE: helping to preserve the areas beauty by prO\tiding underground
electric and telephone services to each homesite. Natura! bas will also be
ava.Hable for your economic convenience.
There are many well recommended contractors in the Oakmount
Terrace area with whom you can work when you are ready to build your
home.
We wil! be more than happy to work with you in any war we can to make
your purchase a completely happy one.
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<!Vakmount merrace is
~eing q&ffereb QExdusibelp
bp tije t!1ebeloper
. Bruce B. Hay
39 - North Oaks Road
St. Paul, Minnesota 55110
(612) 484-5070 - 571-5019
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