HomeMy WebLinkAboutSeptember 12, 1989
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CITY of ANDOVER
ANDOVER PLANNING AND ZONING COMMISSION
MEETING MINUTES
SEPTEMBER 12, 1989
The regularly scheduled meeting of the Andover Planning and Zoning commission was
called to order Tuesday, September 12, 1989 at 7:35 P.M. by Chairman Rebecca Pease
at the Andover City Hall Offices, 1685 Crosstown Blvd., Andover, MN.
Commissioners Present: Chairman Rebecca Pease, Ron Ferris, Bev Jovanovich,
Gretchen Sabel, Don Spotts, Wayne Vistad.
Others Present: Jay Blake, City Planner; Todd Haas, Assistant City Engineer
Approval of Minutes
MOTION was made by Ron Ferris to approve minutes of 8/22/89 Planning and Zoning
Commission meeting. Second to motion made by Wayne Vistad. All commissioners
agreed to motion; MOTION passed.
Public Hearing, Special Use Permit, Gaughen Companies, Residential Area Identification
Sign and Permanent Monument Sign
Jay Blake presented request to commission as follows: Residential Sign - Request
is to locate a Residential Identification Sign at the northwest corner of the
intersection of Andover Boulevard and Hanson Boulevard. Pursuant to Ordinance #8,
Dection 8.07, (C) (1), said sign is a permitted use as long as the sign area
does not exceed 32 square feet. Said sign is a multi-faced sign with 32 square
feet on each side. Section (B) (3) provides that multi-faced signs may be
permitted, with the maximum square footage on each side. Multi-faced signs
shall not exceed 2 times the area of single-faced signs. It also provides that
signs on vacant lots shall be permitted in accordance with these regulations.
Pursuant to Ordinance #8, Section 8.07 (D) (2)e, "a real estate sign for a
residential project of five acres or more may be allowed by Special Use Permit
provided:
1. Sign area is not over 200 square feet in area;
2. The sign is located at least 130 feet from any residential structure;
3. An agreement is made to remove the sign within 2 years unless an extension
of time is granted by the governing body; after approval of a Special
Use Permit has been granted."
Section 7.03 of Ordinance #8, "In All Districts" requires a Special Use Permit for
location of said sign.
This request meets the criteria and intent of the Ordinance in that the size does
not exceed the limits provided in (1) above; the lot on which the sign is located
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Andover Planning and ;/~ng Commission
September 12, 1989 Me~LLng Minutes
Page Two
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does not contain a residential structure as spelled out in (2) above; and there
: ) is a written agreement with the property owner which provides that said sign can
,~ be located on this property as set out in (3) above.
At the time the City Council takes action on this request, the matter of the
written agreement between the developer and the City will need to be drafted
setting a 2 year time limit and if the developer is not 95% filled at the end
of 2 years, an extension would have to be requested from the City.
City staff recommends that this request be forwarded to the City Council for
approval and that an agreement be drafted as required.
Permanent Monument - This request is to locate an Area Identification Sign
(monument sign) at 14471 NW Bluebird Street. Section 3.02 of Ordinance #8
defines an Area Identification sign as a "free-standing sign which identifies the
name of a neighborhood, a residential subdivision, a multiple residential complex
consisting of 3 or more structures....or any combination of the above, could be
termed an area."
Pursuant to Section 8.07(D) (@)(h), an area identification sign may be allowed
provided:
l. The area for development is larger than 5 acres;
2. There shall be only 1 sign per development;
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3. The maximum square footage of the sign is 24 square feet in area;
4. The sign is located 10 feet from any property line.
This same section of the Ordinance gives you the criteria to consider for this
request. Items a-b do not apply, as this is not an advertising sign. The request
meets items c and d.
The recommendation of the staff is that this request be forwarded on the the
City Council for approval.
Leslie O'Brien was present at meeting to represent Gaughan Companies and answer
questions.
Mr. Ferris asked if the area identification sign to be located on Bluebird Street
will be a permanent monument. Ms. O'Brien asnwered it is intended to be permanent.
Gretchen Sabel questioned the durability of proposed mock lanterns. Sabel asked
who would be responsible for maintenance. Blake replied that procedure is to
have a maintenance agreement between city and developer.
Don Spotts asked what material will be used for the temporary sign. Leslie O'Brien
answered that MBO board will be used.
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Wayne Vis tad made a MOTION that the Andover Planning and Zoning Commission recommend
to the Andover City Council approval of special use permits requested by Gaughan
Companies for the properties located at Lot 1, Block 1 Old Colonial Estates and
cont'd.. .
Andover Planning and '--'lng Commission
September 12, 1989 Me~__hg Minutes
Page Three
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the Northwest Corner of the Intersection of Andover Blvd., and Hanson Blvd.,
PIN 27 32 24 140005. In regard to the area identification sign at 14471 Bluebird
Street N.W., approval is recommended in accordance with Section 3.02 of Ordinance #8.
Second to motion was made by Ron Ferris.
Don Spotts asked that motion be amended to include the provision that special use
permit be reviewed annually.
Ferris requested motion be amended to include an agreement that extension of two
year time limit for temporary sign can be requested by developer if development is
not 95% filled. Amendment will also include maintenance agreement between city
and developer.
Amendments to MOTION approved by Vistad and Ferris.
amended motion; MOTION passed. Recommendation will
Council at 10/03/89 meeting.
All commissioners favored
be presented to Andover City
Shannon Roeger Special Use Permit, 14288 Round Lake Blvd.
The Andover Planning and Zoning Commission was asked to review the Special Use
Permit application for a Rule 8 em~rgency shelter home for adolescent boys at
14288 NW Round Lake Boulevard.
Staff reviewed the request and recommends that the proposal be defined as a rest
home. Ordinance 8 defines a rest home as a private home for the care of children
or the aged or infirm or place of rest for those suffering bodily disorders. Such
a home does not contain equipment for surgical care or provide for the treatment
r \ of disease or injury, nor does it include maternity care or care for mental
'-/ illness or infirmities.
Ordinance 8, Section 7.03 allows rest homes in residential districts by Special
Use Permit.
The home, currently owned by Grace and Alvin Fitzpatrick, has been used as a
foster home for nearly four years. Earlier this year, the home was licensed for
up to 10 adolescent boys. The final number would be based on square footage of
the living space of the home.
The shelter would serve adolescents that have been neglected, abused or abandoned
by providing a temporary place to stay. The residents might have committed a
status offense, such as, curfew violations or truancy offenses. The shelter would
serve primarily Anoka County but would accept boys from Anoka, Dakota, Carver,
Hennepin, Isanti, Ramsey, Scott, Sherburne, Washington and Wright Counties.
A Rule 8 shelter is proposing to increase the current staffing level to staff
person per 5 boys. The average stay for boys ranges from 2-3 days up to 30 days.
The applicants have submitted a copy of their Anoka County funding proposal.
In that proposal, they outline the program objectives and organization/adminis-
tration policies. Proposal attached to original set of minutes.
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The home was originally built as a single family residence and has six bedrooms,
two bathrooms, kitchen, dining room, living room, family room and laundry
cont'd...
Andover Planning and ('Lng Commission
September 12, 1989 Mee~jng Minutes
Page Four
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room. The basement is a walkout with a large patio area in the back yard. The
front yard is small and screened fairly well from Round Lake Boulevard.
Several shelter homes exist in other communities, including The Harbor Shelters
in both Stillwater and Bloomington and Mission Creek Shelter in pine City.
The City has the authority to review Special Use Permit applications based on
the proposed effect on the health, safety, morals and general welfare of the
occupants of the surrounding lands, existing; and anticipated traffic conditions
including parking facilities on adjacent streets and land; and the effect on
property values and scenic views in the surrounding area; and the effect of the
proposed use on the Comprehensive Plan.
1) The Health, Safety, Morals and General Welfare of the Occupants of the
Surrounding Lands - The mere existence of a shelter for adolescent boys,
in theory, would not cause conflict with a residential neighborhood. The
proposed use meets the purpose of a residential neighborhood. However,
practical experience has shown that problems can occur with shelters of
this nature. Since Juen of this year, the Andover Sheriff's deputy has
visited the site eight times. All calls were reported by the property
owners, residents and/or workers at the shelter.
Some concern has been raised regarding the size of the property. The
property is roughly 1/2 acre in size and provides some on-site recreational
opportunities. A city owned park is approximately five blocks away.
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2) Traffic and Parking Conditions - The driveway is greater than 20 feet in
width and is used as a turn around onto Round Lake Boulevard. As Round
Lake Boulevard is extremely busy, parking restrictions (possibly three
vehicles on the driveway) to facilitate easier ingress and egress onto the
property could be considered.
The proposed use will not add a significant number of vehicles onto Round
Lake Boulevard.
3) Property Values and Scenic Views - The proposed use (rest home) is a use
allowed by Special Use Permit only in a residential district and is not a
commercial use. The intent behind allowing rest homes in residential
neighborhoods is to provide a residential setting for special populations.
Clearly the intent is met by the proposal.
The key factor in preventing any devaluation of property is in maintenance
of the property, both interior and exterior. The home is a brick structure
with good screening from Round Lake Boulevard and surrounding properties.
The Planning and Zoning Commission might consider a maintenance agreement
that would place requirements on exterior and interior maintenance of the
home. With proper controls the use should not negatively effect the
surrounding property owners.
The Planning and Zoning Commission may require additional inspections to
ensure proper maintenance of the home.
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Andover Planning and Z~~ing Commission
September 12, 1989 Me(~lg Minutes
Page Five
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4) Effect on the City Comprehensive Plan - The Andover Comprehensive Plan
does not address this issue.
The Planning and Zoning Commission should consider this set of criteria
when establishing conditions for the construction and operation of the
utility buildings.
Planning and Zoning Commission options:
1) The Andover Planning and zoning Commission may recommend approval of the
Special Use Permit application of Shannon Roeger for the operation of a
rest home (Rule 8 shelter) on property described as:
The North 100 feet of the South 300 feet of the East 150 feet of
Lot 7 of Auditor's Subdivision 82, Anoka County, Minnesota, said
distances being measured parallel with the South and East lines of
said Lot 7, also including that part of the North 100 feet of the
South 300 feet of the East 150 feet of Government Lot 4, Section
29, Township 32, Range 24 Anoka County, Minnesota, lying west of the
centerline of Round Lake Boulevard, except that part platted as
Anoka County Highway right-of-way plat, subject to easements of record.
The Planning and Zoning Commission may impose restrictions or conditions
on the operation of the rest home so as to protect the health, safety,
morals and general welfare of the community, including, but not limited to:
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A. The Shelter shall be limited to no more than 16 adolescent boys.
B. The applicant shall provide proof of license with the State of
Minnesota and Anoka County.
C. The Andover Planning and Zoning Department shall inspect the property
after six months and then annually to ensure compliance with all
municipal ordinances.
D. The applicant will meet all requirements of the State of Minnesota
Uniform Building Code for ingress and egress, etc~
E. The applicant will restrict exterior parking of vehicles to no more
than three vehicles at one time.
F. The applicant will construct a permanent turn around area in the
front yard to allow for easy exit onto Round Lake Boulevard.
G. The applicant will plant a permanent green buffer of trees between
the subject property and surrounding homes.
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H. The applicant will have an opportunity to correct zoning violations
reported to the City of Andover. The Special Use Permit shall be
declared null and void by the City Council of the City of Andover if
zoning violations are not corrected within secen days. Zoning
violations include, but are not limited to: excessive vehicles,
noise complaints, garbage, maintenance problems, or violations of
conditions of the Special Use Permit.
cont'd...
And Pl' d (" '\ ..
over ann~ng an ~ng Comm~ss~on
September 12, 1989 Meeting Minutes
Page Six
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2) The Andover Planning and Zoning Commission may recommend denial of the
Special Use Permit application of Shannon Roeger for the operation of
a rest home (Rule 8 shelter).
The Planning and Zoning Commission finds that the proposal fails to meet
the criteria for Special Use Permits as outlined in Ordinance 8, Section
5.03, including the effect of the proposal on the health, safety, morals
and general welfare of the community, traffic or parking conditions,
property values and scenic views and on the Comprehensive Plan.
3) The Andover Planning and Zoning Commission may table the proposal.
Staff recommends the Planning and Zoning Department table the proposal. Staff
would like additional time to schedule a visit to the existing Rule 8 shelters
in the area in order to gain additional information on their operations.
Shannon Roeger was present to answer questions directed by Commission.
Ferris asked when home became licensed for ten children.
home has been licensed for four years at present location
May of 1989 home was licensed for up to ten children.
Roeger explained that
for foster care. In
Vistad asked if city has control over state requirements for licensing. Blake
will refer question to City Attorney.
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Ferris asked Roeger what age group will be served by home. Roeger stated home is
licensed for boys 11 - 17 years of age but the average age is 12 - 14.
Vistad noted the deputy has been called to home eight times since June 1989.
Vistad asked if the number of deputy visits increased in relation to the increase
in number of boys. Ms. Roeger believes the number of deputy calls was about the
same before the population of home increased. Roeger explained that the deputy
arrives in response to 911 or medical emergencies.
Blake read from a print-out provided by sheriff's office a report describing
incidents that involved deputy calls. Incidents since June include removal of
juvenile male, car fire of homeowners car, theft of watch, vehicle broken into and
briefcase found, suicide attempt, possible sexual abuse between two youth, runaway
juvenile, assault.
Ms. Roeger reiterated that an increase in boys does not necessarily mean an
increase in trouble. Ms. Roeger explained she is required to report juvenile
activities to the authorities. She added that the number of deputy calls depends
on particular boys in home and their situations.
Vis tad voiced his concern that this situation may have a severe effect on neighbor-
hood.
Bev Jovanovich asked for information regarding staff. Ms. Roeger answered that
she and her husband; her parents, Mr. and Mrs. Fitzgerald; and Sandra Butcher
will staff the home.
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Ferris asked why Roeger wants to increase number of boys in home. Roeger answered
that home will provide more of a staff setting and more funding resources will be
available.
cont' d. . .
Andover Planning and ~)ing Commission
September 12, 1989 Meeting Minutes
Page Seven
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/ \ Commissioners expressed concern that bathroom facilities are not adequate for
~~ proposed number of staff and residents. The 8' x 14' dining area also appears to
be inadaquate in size. Roeger was asked if there are plans to increase number
of bathrooms in home. Roeger stated there are no plans at this time to add a
bathroom.
Ferris asked if all basement bedrooms meet fire escape requirements. Blake replied
that all but one bedroom meet requirements. The bedroom that currently does not
meet requirements is being changed to meet fire escape requirement.
Vistad noted that one bedroom does not have a closet. Roeger pointed out that
bedroom is equipped with lockers for storage.
Ms. Roeger stated that board and lOdging license will determine number of boys
allowed in home.
Roeger said schooling will be done on site. The school district will provide one
teacher. Roeger believes the schools perfer not to enroll a child who will be
attending for only 30 days or less.
Commissioner Sabel asked Roeger if there is a time limit of which commission
should be aware. Roeger would like an answer by the second week of October,
when she will apply for state board and lodging permit.
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Ferris clarified Roegers application as special use permit request to seek funding
from state to service multiple counties for the same popilation (10 residents, not
l6) as home is currently serving. Roeger agreed statement is correct.
Don Spotts asked where the boys go after stay at Roeger home. Roeger replied the
boys are either reunited with their families or enter into long term placement.
Ferris questioned if it is possible to avoid peer group discipline with a population
of ten children.
Public hearing was opened. Mr. Blake submitted a letter signed by Wayne and Mary Ness.
Letter lists examples of why Mr. and Mrs. Ness feel proposed Rule 8 home is
inappropriate for neighborhood. Copy of letter attached to minutes.
Jeff Voelz, l4289 Underclift St., N.W. states he owns the property directly to west
of proposed Rule 8 shelter. He does not have a history of trouble with foster
home; however he has noticed an excess of cars in drive. He is concerned about
the commercial overtones of shelter. Mr. Voelz noted the backyard of shelter is
quite small and the front yard is almost non-existent. Mr. Voelz asked commission
to explore the qualifications of staff.
Resident
informed
observes
property
at 3640 143rd states she is very much
four years ago that home was a foster
children outside but never an adult.
if no adult actually resides in home.
opposed to shelter. She was not
home. Resident states she frequently
She questioned who will maintain
She also stated she has never
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Andover Planning and ~ )ng Commission
September 12, 1989 Me~lng Minutes
Page Eight
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called police only because police arrive before she gets a chance.
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Wayne Ness, 14268 Round Lake Blvd., lives directly to south of proposed shelter.
Mr. Ness urged commissioners to evaluate the current of site.
Dave Blackstad, 12349 Vintage asks that the bathroom issue be further addressed.
He states the city park near home is five blocks away and not developed adequately.
Also, the traffic on Round Lake Blvd., is hazardous with many vehicles using the
shoulder of road as a passing lane.
Mary Ness, 14268 Round Lake Blvd., stated her child found a syringe and needle in
the yard. In examing the area, four additional syringes were found. Mr. Fitzpatrick,
owner of the foster home at that time, explained the use of syringes as water
pistols.
In a separate incident Mrs. Ness observed residents of home throwing snowballs at
traffic on Round Lake Blvd. In that case Mrs. Ness called police.
Mrs. Ness stated while her daughters were playing on their swing set one day boys
from the foster home asked them personal questions and made sexually suggestive
remarks.
At another time boys from the foster home told the Ness family to get off their
own property. Mrs. Ness has felt the need to restrict the area her children are
allowed to play in their yard.
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Mrs. Ness has also observed a degree of sexual activity on the lawn in front of
foster home.
Mr. Vistad asked Mrs. Ness if she had approached the Fitzpatrick's in regard to
these incidents. Mrs. Ness stated her husband first approached Mr. Fitzpatrick
because of the syringes, two years ago. At that time Mr. Fitzpatrick investigated
the incident and told Mr. Ness the syringes were used as water pistols.
Mr. Ferris asked Mrs. Ness what type of supervision she has observed. Mrs. Ness
answered she has never seen an adult outdoors with the boys.
Mr. Vistad asked Mrs. Ness if there has been an increase in problems since May.
Mrs. Ness said problems with trespassing have stopped because she and her husband
erected a fence to establish boundaries.
Ms. Roeger noted that incidents Mrs. Ness referred to took place two years ago.
She said she and her husband have made efforts to not infringe upon neighbors.
MOTION was made by Don Spotts to close public hearing. Second to motion made
by Ron Ferris. All commissioners favor motion; public hearing closed.
Mr. Ferris stated he believes home should not have been allowed to increase
number of residents from four to ten without a permit. With high stipends involved,
venture appears to be a home run business. Ferris believes commission should
consider application for permit of home as it now exists.
, l Vistad feels facts must be obtained to determine if negative impact on surrounding
'-/ property values will occur. Mr. Vis tad will research this issue.
cont'd...
Andover Planning and ~ng Commission
September 12, 1989 Meeting Minutes
Page Nine
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Ferris wants information obtained on state requirements for Rule 1,5,8 shelters
pertaining to sanitary requirements, supervised play areas, etc.
Ferris requests a second public hearing to be held.
Jay Blake was directed by commission to obtain information regarding ordinances
established by other cities to deal with group home facilities.
Don Spotts requested research also include any other group homes with Andover that
operate without special permit.
Mrs. Fitzpatrick stated that the boys served by home have a special need. It
would be helpful if neighbors would work with them.
Ferris stated that his largest concern is that all neighbors agree they have
never seen adult supervision.
Ms. Fitzpatrick and Ms. Roeger stated the boys are supervised as is realistic for
their age.
In summary, the following information will be obtained for discussion at the
10/10/89 Planning and Zoning Commission meeting:
1) Jay Blake will research how home was allowed to increase from four to
ten children without special use permit.
~ 2) J~ Blake and Ron Ferris will visit group home sites in other areas
and also talk with neighbors of these homes.
3) Don Spotts will contact Anoka County in regard to requirements of Rule
1, 5, 8 homes and how they pertain to Andover.
4) Jay Blake will provide addresses of similar shelters/homes to Wayne Vistad.
Mr. Vistad will research effect of group home on surrounding property
values.
5) Mr. Blake will work with applicants to obtain state space requirements.
6) Mr. Blake will obtain ordinances that address this issue from other
communities.
7) Mr. Blake will obtain a list of group and foster homes currently
operating in Andover.
8) Mr. Blake will obtain background information on staff of home.
Also, discussion will be opened to a second public hearing.
Don Spotts made a MOTION to table discussion until 10/10/89 Planning and Zoning
Commission meeting so additional information can be obtained. Second to motion
by Ron Ferris. All commissioners favor motion; item tabled to 10/10/89.
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Chairman Pease asked Blake to note this issue to be addressed in Comprehensive
Plan. Spotts added that Comp Plan should re-examine daycare license requirements
and include defination of nursing home, group home, etc.
cont'd...
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Andover Planning and ~ng Commission
September 12, 1989 Meeting Minutes
Page Ten
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Variance, Kroll, 14933 NW Crosstown, Expansion of Non-Conforming Home
The Andover Planning and Zoning Commission was asked to review the request of
Gregg Kroll to allow for the expansion of a non-conforming home. The applicant
has added a deck to the rear of the home that sits 72 feet from the center of
Crosstown Blvd., or 12 feet from the new right-of-way line.
The deck sits approvimately 40 feet from the eventual right-of-way for
Crosstown Blvd. A ten foot setback variance for the deck is also required.
Staff recommends approval of this variance request.
Commissioner Vis tad asked if home only or both home and garage will be taken when
highway is improved. Mr. Blake stated garage only will be taken.
Mr. Spotts asked if non conformance is due to change in zoning. Mr. Blake stated
home in accordance to original zoning.
Mr. Ferris asked why staff recommends approval of this variance request, but recommended
denial of request for variance last month to garage in industrial district. Mr. Blake
stated a key reason for denial of garage variance request if that garage is located
in industrial district. Also, the deck in the Kroll request is to the rear of home,
therefore does not intensify the non conformance. The deck is not attached to house
and could be considered a free standing structure.
Spotts stated that because deck is free standing, Ordinance #8, Section 4.03 B
would not be applicable.
Ferris questioned why application must be considered on eventual rather than current
right of way.
Blake replied city has the authority and is required to protect eventual right
of way.
Ferris asked if the City Attorney has reviewed this request. Blake stated attorney
will r~i~.
Pease asked if deck was started without building permit. Blake replied deck was
started without permit.
Ferris requests a legal review before passing recommendation to City Council.
Commissioner Spotts asked that City Attorney look at legal ramifications if city
denies or approves request.
Blake stated he will attempt to have review of City Attorney available to present
at 9/26/89 Planning and Zoning Commission meeting.
MOTION was made by Gretchen Sable to table discussion of Kroll variance. Second to
motion by Bev Jovanovich. All commissioners agreed; Kroll Variance request tabled
to 9/26/89 Planning and Zoning Commission meeting.
Commissioner Sabel left meeting at conclusion of Kroll Variance request discussion.
cont'd...
Andover Planning and ~~ng Commission
September 12, 1989 Me~clng Minutes
Page Eleven
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Public Hearin~, Wandersee Addition, Preliminary Plat
Todd Haas presented request to Planning and Zoning Commission to review and approve
the preliminary plat, grading and erosion control plan per Ordinances 8 and 10
as requested by Robert W. Wandersee, owner and developer of property. Comments
are contained in 9/12/89 memo to Planning and Zoning Commission submitted by
Todd Haas. Andover Review Committee recommends approval of preliminary plat contigent
on five issues outlined in 9/12/89 memo.
Ferris asked how much the length of cul-de-sac will exceed 500 foot maximum. Blake
did not have an exact measurement but answered the length does not exceed a great
deal and situation is temporary.
Discussion was opened to Public Hearing.
Bill LeFebvre, 14278 Underclift N.W., does not object to plat, but questions why
Hagens and Forciers were not notified.
Pease asked Todd Haas if neighbors were notified.
Haas answered that list of neighboring property owners was taken from tax records
and in error Hagens were omitted from list.
Pease asked if attempt has been made to contact the Hagens.
Haas replied it was assumed Hagens were on the list and no other contact attempt
was made.
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Ferris noted that several other neighboring property owners were not included in
list of those notified.
Vistad asked if notice was published.
Blake replied notice was published in An oka County Union. Also, Section 5 provides
that failure to notify all neighboring property owners shall not invalidate proceeding
provided a bona fide attempt to notify was made.
Dave Stanto, 3648 143rd Avenue N.W., stated his property is only 200 feet from
Wandersee and he received no notice of proceedings. He does not object to addition.
He would like to see a fire hydrant installed when water is brought into addition.
There being no further comments from public, Commissioner Vistad made a MOTION that
public hearing be closed. Second to motion by Don Spotts. Public hearing closed.
Bev Jovanovich made the following MOTION: The Andover Planning and Zoning Commission
recommends to the Andover City Council approval of the preliminary plat for Robert
W. Wandersee, 14260 Round Lake Blvd., to sub-divide property as legally described
and with exceptions as noted in Notice of Public Hearing. A public hearing was held
with no opposition to plat. Concerns were voice that not all neighboring property
owners were notified. Request was made that fire hydrant be added to development.
Plat is in conformance with Comprehensive Plan. Plat was reviewed by city engineer
and approved contingent upon five items listed on page three of 9/12/89 memo submitted
to Planning and Zoning Commission by Todd Haas; plat has been reviewed by Anoka
/ ~ County Highway Department and letter of approval obtained from Lower Rum River
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cont'd.. .
Andover Planning and ~~'lng Commission
September 12, 1989 Me~~!ng Minutes
Page Twelve
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Watershed. Second to Motion by Wayne Vistad.
~ Don Spotts asked that motion be amended to include a variance for the temporary
cul-de-sac.
Pease asked that motion be amended to include that Park Dedication be approved by
Park Board.
Amendments agreed to by Jovanovich and Vistad. All commissioners favor motion as
amended. MOTION approved and will be presented to City Council at their 10/03/89
meeting.
Lynwood Estates, Sketch Plan
Planning and Zoning Commission was requested to review plan for Lynwood Estates
located in Watt's Garden Acres. This item was tabled from 8/22/89 Planning and
Zoning Commission meeting to allow Andover Review Committee to design a plan that
will work from both an engineering perspective and a planning perspective.
Todd Haas states that existing topography and mining were taken into consideration
and from an engineering perspective plan works very well.
Vis tad stated he favors single family development rather than quads as quads will
increase traffic flow.
Ferris asked if two lots would be combined for duplex. Haas replied one lot would
be used.
/ 'i Spotts asked what type buffer if planned for Hanson Blvd.
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Blake replied the move is toward general business which is similar to commercial
park.
Ellen Wirkus, 13435 Jay Street N.W., stated that plah appears to cut off her access
to road. She also objects to tax money being spent on drawing plans for development
that may never occur.
Blake assured Ms. Wirkus that her access to road will not be cut off. Blake stated
that plan is an effort to assure unification of overall concept.
Gerry Wegner, 13425 Jay Street stated he was never consulted regarding plans. He
opposes quad housing constructed bordering his property.
Sue Hurst, 13440 Jay Street, does not want to be "force fed" improvements. She
stated engineers may have looked carefully at area but does not believe area was
platted as carefully as commission is being led to believe. She stated her strong
opposition to hacking of property as proposed in overall concept.
James Rumke, 13476 Hanson, questioned the need for Commercial Boulevard.
Haas replied Commercial Boulevard would provide access to proposed Commercial Park.
Blake asked residents to keep in mind this is a 15 to 25 to possibly 35 year plan.
~. ) Joanne Wilbur, 13608 Jay Street N.W. states she does not want Jay Street cut off.
Also, she was not notified of tonights proceedings.
Hubert Smith, 13608 Jay Street N.W. said Jay Street will be heavily travelled.
cont'd. . .
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Andover Planning and :". jng Commission
September 12, 1989 Meeting Minutes
Page Thirteen
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Don Boeke, 13414 Jay Street N.W., stated he would like to contact private developer
to come up with better plan to help property owners get as many lots as possible.
Lynn Hardaus, 13350 Hanson Blvd., states she approves of overall concept. She does
not personally favor quads or duplexes but feels that overall concept is workable and
satisfactory. She does not want to sit on issue for a long period of time but
is willing to work with neighbors to develop a more acceptable plan.
Pease stated overall concept is a starting point to develop area. There will be
many further discussions with planners, engineers and property owners.
Wayne Vis tad made a MOTION to table discussion of Lynwood Estates/Concept to a
specially scheduled meeting 10/12/89. Agenda for 10/12/89 wiol include initial
discussion of the new Comprehensive Plan. Second to motion by Bev Jovanovich.
Landfill Setbacks, Discussion
The Andover Planning and Zoning Commission continued discussion of possible land-
fill setbacks around the WOE site.
At the 8/22/89 meeting, the Planning Commission heard comments and information from
Hayor Elling and two developers from the community. Kenneth Haberman from the
Minnesota Pollution Control Agency was present at 9/12/89 Planning and Zoning
Commission. Mr. Haberman is the project coordinator for the WOE site.
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Haberman stated to date 60+ parties have been named as responsible to landfill.
Estimate of clean up is 15 million dollars up front with an ongoing maintenance of
1 - 2 million dollars annually. Both the Minnesota Pollution Control Agency and
the Environmental Protection Agency have the authority to use state funds for clean
up and assess responsible parties.
Remedial Action Design report compiled by 12 of the responsible parties was submitted
to MPCA last year. Remedy called for entire 73 acres to be capped by clay cap.
Nine pump out wells will pump contaminated water to treatment center. Lowland
areas will be filled. Hazardous waste area will be contained. Institutional controls
will prohibit building on top of landfill and prohibit private wells being dug
within a certain area.
Additionally, the MPCA does not regulate residential housing; they regulate landfills.
Vistad asked how a 500 foot setback was determined. Haberman replied a buffer
distance ratio of 10 feet for every foot of height of landfill was used to determine
setback.
Don Spotts asked if there is methane in landfill. Haberman replied there is methane
in landfill.
Ferris asked if methane is direct result of landfill. Haberman affirmed methane
is direct result of landfill.
Haberman stated cap on landfill must be vented.
Vistad stated that without cap, methane wos detected at 150 feet. How can we
/ ) assume that area is safe just 50 feet beyond.
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Haberman stated that methane level detected at well was not explosive.
cont'd.. .
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Andover Planning and ;/~ng Commission
September 12, 1989 Me~ting Minutes
Page Fourteen
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Ferris asked if test was done more than once. Haberman answered that test was
done twice. Ferris asked why testing is not done more often. Haberman stated
because homes are not located in immediate area testing is not done quarterly.
Commissioner left meeting at 11:45 P.M.
Vistad asked if all probes showed methane. Haberman answered that all but one
probe detected a level of methane.
Ferris asked for more information on slurry wall. A slurry wall is a mixture of
clay that will surround walls of hazardous waste pit.
The entire area cannot be condemned because that may lead to lawsuits by land-
owners stating they are denied reasonable use of their properties.
Ferris stated his opinion of the MPCA recommendation is that city condemn land
without actually taking land from owner.
It was noted that the hazardous waste pit was in operation from 1972 - 1974.
Vis tad asked if MPCA would recommend that homes built within 200 - 500 feet of
landfill have methan gas monitors. Haberman said recommendation is to build
at a distance no closer than 501 feet.
Jerry Windschitl stated the following:
1) A high concentration of methane is necessary to create a danger,
2) Methane can be restricted on-site,
3) Methane is easily detectable,
4) Commission must base discussion of methane on facts rather than emotion.
Liens have been imposed on surrounding property owners. Liens will only be removed
when the following conditions are met:
1) Property owner found by court to have no liability
2) Property is totally cleaned up
Vis tad made a MOTION to continue landfill setback discussion to the next regularly
scheduled meeting. Second to motion by Don Spotts. All commissioners agreed to
motion; landfill setback discussion will be carried over.
Motion made by Don Spotts to adjourn. Second to motion by Ron Ferris; meeting
adjourned at 12:45 A.M.
Respectfully submitted,
Theresa Hogan