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HomeMy WebLinkAboutMarch 22, 1988 /) ,--) C) / ) "--) 7:00 P.M. () o CITY of ANDOVER REGULAR PLANNING AND ZONING COMMISSION MEETING - AGENDA MARCH 22, 1988 1. Call to Order 2. Approval of Minutes 3. Special Use Permit #88-02 (Anoka County) Public Hearing, Continued 4. Special Use Permit #88-03 (City of Coon Rapids) Public Hearing 5. Leroy Johnson Mining Permit 6. Park Avenue Estates Sketch plan 7. Raintree Realty Variance 8. Schedule Work Session 9. Adjournment o o '-j ~ CITY of ANDOVER PLANNING AND ZONING CO~1ISSION MARCH 22, 1988 The regularly scheduled Andover Planning and Zoning Commission meeting was called to order by Chairman Marjorie Perry at 7:00 p.m., Tuesday, March 22, 1988, in the Council Chambers of Andover City Hall, 1685 Crosstown Boulevard N.W., Andover, Minnesota. Commissioners present included Chairman Marjorie Perry, Becky Pease, Wayne Vistad, Don Jacobson, Bill Bernard, Bev Jovanovich, and d'Arcy Bosell. Also present were City Planner Daryl Morey, Assistant City Engineer Todd Haas, and others. APPROVAL OF MINUTES The following changes were made to the meeting minutes of 3-8-88: Page 3: Paragraph 7, ".. .P~t residential... II (typo) Paragraph 8, line , "... a lot .2!. uses... II (typo) Page 4: Line 4, "...information ~R on which..." Line 7, "...public hearing Iii P8~aPQ8 regard to..." Line 14, "...through the process e~ in 191;5,..." Subhead: SPECIAL USE PERMIT HElEl-Q~-tiNeKA-SeYNn1 #88-01 (NW BELL) - PUBLIC HEARING Page 6: Third to the last line, "...permit application #ElEl-Q~ #88-02" Page 7: Last paragraph, "Ms. Bosell recommended that tRe-te~e!lReRe-eelll!laRY Anoka County confirm whether..." Page 9: 6th paragraph, last line, "...reportedly been eelllUap similar instances..." (typo) Page 10: Line 4, "... want to move to south Andover." Motion was made by Commissioner Jacobson, seconded by Commissioner Jovanovich, to approve the 3-8-88 meeting minutes as corrected. Six voted yes; Commissioner Vistad voted present. Motion carried. SPECIAL USE PERMIT #88-02 (ANOKA COUNTY) - PUBLIC HEARING CONT. Chairman Perry opened the public hearing. o Bruce Wojack, Anoka County, reviewed the county's position with regard to their request for a special use permit to construct a 300-ft. radio U Planning and Zoning Commission March 22, 1988 Meeting Minutes Page 2 u communications tower to be located at 1440 Bunker Lake Blvd. N.W. This issue had been tabled at the 3-8-88 meeting to allow staff to gather ad- ditional information regarding the placement of the tower and to allow the County to verify whether or not this property could be sold for development sometime in the future. Mr. Wojack reported discussing the matter with County Administrator Jay McLinden who informed him that the County has no intention, at this time or in the near future, of selling that property to anybody. They do not anticipate any such action. Mr. Wojack further reviewed the site area, including the buffer and proposed landfill area. It was reported that as of this date, there has been no change in the proposed legislative bill to eliminate Site Q, and others, from landfill consideration. This was in answer to queries about the possibility of moving the tower back further. Mr. Wojack stated that the location of the future radio repair shop was chosen to allow for water and sewer hook-up as well as allowing it to be immediately adjacent to the proposed tower. He added that even if the legislative bill passed eliminating the Site Q landfill, the County already has equipment stored and sand piles in place in the rear of the site. They reportedly would prefer to build their tower in the proposed location. 11r. Wojack stated that the tower base would be a 42-inch diamond shape. The only portions visible would be the concrete slab, the tower itself, and the guy wires. Many of the large trees presently on the site would remain. City Planner Daryl Morey agreed to contact the State to determine the status of the legislative bill in question and report back at the next meeting. Motion was made by Commissioner Vis tad, seconded by Commissioner Bernard, to close the public hearing. There was no vote on the motion. A recommendation was made by Commissioner Vis tad that this be held over to the next meeting to hear the outcome of the bill to see if Site Q is going to be eliminated or if we are going to keep it. The other com- missioners unanimously concurred. SPECIAL USE PERMIT #88-03 (CITY OF COON RAPIDS) Chairman Perry opened the public hearing. City Planner Morey reviewed the requested special use permit for the City of Coon Rapids to allow a golf course in a residentially zoned district. Coon Rapids is proposing to construct an additional 9 holes to their existing 27 hole Bunker Hills Golf Course, with two of those 9 holes covering 29 acres within the City of Andover. Staff recommended approval. , \ ) ~- \ o Planning and Zoning Commission March 22, 1988 Meeting Minutes Page 3 u " I / LYle Haney, Finance Director for the City of Coon Rapids, reviewed the proposed project. Mr. Haney reported that their proposal has been approved by the County Parks Committee, and the lease has been tentatively approved by the County Board subject to final approvals of the City of Andover. They will then go back to the County Parks Committee and County Board for finalization. It was reported that the Andover City Attorney has determined that there would be no park dedication fee required. Motion was made by Commissioner Jacobson, seconded by Commissioner Vistad, to close the public hearing. All voted yes. Motion carried. Motion was made by Commissioner Bosell, seconded by Commissioner Pease, that the Andover Planning Commission recommend to the City Council approval of the Special Use Permit requested by the City of Coon Rapids for the purpose of enlarging the existing Bunker Hills Municipal Golf Course. Said request is necessary as 29 acres falls within the city limits of Andover, and those 29 acres are zoned R-l, single-family resi- dential. Ordinance 8, Section 7.03, Special Use Permit in a residential district, states that golf courses are allowed by special use. Approval of this special use permit request is based upon the following considerations: 1. The Planning Department recommends approval based on their preliminary review; 2. The request meets the criteria set out in Ordinance 8, Section 5.03(b) in that it would not have: a. an adverse effect on the health, safety, welfare, and morals of the community; b. it would not have a direct impact on traffic within the City of Andover; c. it will not have an adverse effect on property values, as the 29 acres is already a part of the county regional park; d. the request is in harmony with the comprehensive plan and iden- tifies in the Bunker Lake Planning District. This Special Use Permit request carries the following condition: That said Special Use Permit is contingent upon the draft and execution of the proper lease documents executed between the City of Coon Rapids and Anoka County since the City of Coon Rapids, who has made this request, is not the fee owner to the property. There was a public hearing held and no public imput was received on the request. Mr. Jacobson requested that the maker of the motion amend the motion to include the property's legal description and to add language that no structures would be erected in Andover other than tees, greens, benches, and waste receptacles. \ ) Ms. Bosell and Ms. Pease agreed to amend the motion allowing the property's legal description. However, Ms. Bosell felt that the part concerning structures would be unnecessary due to the fact that any erected structures within the City of Andover would require a building permit and would be subject to city review. She did not agree to include the structure language in the motion. , , u \.J Planning and Zoning Commission March 22, 1988 Meeting Minutes Page 4 J Legal description of the property to be included in the motion is as follows: That part of the ~ of the S~ of Sec. 35, T32, R24, Anoka County, MN', lying westerly of Anoka County Parkway A(2l0) and easterly of Burlington Northern, Inc. ROW, containing 29 acres mil. Motion was made by Commissioner Jacobson, seconded by Commissioner Bernard, to amend the previous motion to include structural language in that no structures shall be erected within the Andover portion other than tees, greens, benches, and waste receptacles. Roll call vote on the amendment: Yes votes - Pease, Jacobson, Bernard, Jovanovich; No votes - Vistad, Bosell, and Perry. Motion carried. Upon roll call vote on the original motion, including the legal description of the property, all voted yes. Motion carried unanimously. GAMMON BROS. MINING PERMIT Staff recommendation was to table this m~nLng permit request because the map of the area that is requested to be mined has not been submitted to the City of Andover. Motion was made by Commissioner Bosell, seconded by Commissioner Jacobson, to table this request. All voted yes. Motion carried. PARK AVENUE ESTATES SKETCH PLAN Assistant City Engineer Todd Haas reviewed the sketch plan of Park Avenue Estates. The Andover Review Committee has reportedly reviewed this information. Their only concern reportedly deals with the watermain which will be dealt with at staff level. Mr. Morey pointed out that the property will be difficult to develop given the fact that portions of it lie in the flood plain and in the flood way. Ms. Bosell pointed out that the sketch plan should be corrected to properly show the areas lieing in the flood plain, flood fringe, and flood way. Much discussion followed with regard to the economic feasibility of this project on the part of the developer. Commissioner Jacobson pointed out that this project shows to presently have problems including land acquisition, financing, much fill will be needed, along with other considerations which the developer should address before coming into the city with a preliminary plat. Ms. Bosell recommended that the developer check the flood insurance maps and check what the impact of the flood plain ordinance has on this project. ) Chairman Perry concluded that it seemed to be the commission's con- census that they have no problems with the concept as presented. However, concerns were expressed about potential problems existing on the property. In addition, Assistant City Engineer Todd Haas reported that the county is recommending that the proposed street not be built because of the high traffic volumes. ,j Planning and Zoning Commission March 22, 1988 Meeting Minutes Page 5 ; \ U \ / The developer will be re-evaluating his proposed project. No action was taken. RAINTREE REALTY VARIANCE City Planner Morey reviewed the requested front yard setback variance. The surveyor's certificate dated 10-30-87 shows the front yard measure- ments to be 31.95 and 32.55 ft. from the street. It was reported that lot irons were not used to determine lot boundaries. Mr. Morey recom- mended that the Commission deny the variance request in that it does not meet the State criteria for approving a variance. He further recommended that the property be tagged for a violation of Ordinance 8, the zoning ordinance. It was reported that no certificate of occupancy has been issued for the house. Commissioner Jovanovich felt that the problem should have been found when the building inspector went out during the initial stages of con- struction. Mr. Jacobson felt too that the building inspector should have noted this before the fittings were poured. He added that with the 10-30-87 survey, the lack of proper setback should have been evident before con- tinued construction. Chairman Perry called for a recess at 8:20 p.m. to allow staff to obtain pertinent information. The meeting reconvened at 8:25 p.m. Mr. Morey reviewed information obtained from the Building Department files. The permit application was pulled on 7-22-87. There was, in the file, a document stated as a certificate of survey of the lot, and hand- sketched on the survey is a building giving the dimensions and showing a setback of 38 feet. Wording on the front of the inspection slip says "setbacks O.K.". This was dated 7-22-87. The survey presented this evening shows a date of 10-30-87 with a setback discrepancy. Mr. Vistad expressed amazement that the city would accept such a hand-sketched survey. However, with that action, it was his opinion that the city can not come down hard on the developer for not having the proper setbacks. He felt the city should have had better control at the beginning. Builder Ron Green was present. He reported that the city told him he would have to request a setback variance in November of 1987. Mr. Green stated that the house is totally built, and the people have moved in. Mr. Morey reported that the Certificate of Occupancy has been typed up but has not been signed by the building official. Mr. Haas stated that it is the responsibility of the surveyor who stakes out the house. Chairman Perry felt that additional information is needed from the Andover Building Department. Commissioners concurred. '. Mr. Green stated that the foreman on the job drew that hand sketch. Ms. Bosell inspected the sketch and stated that in comparing the hand drawing with the more recent survey, the positioning of the house has been turned. CJ () Planning and Zoning Commission March 22, 1988 Meeting Minutes Page 6 Motion was made by Commissioner Jacobson, seconded by Commissioner Bernard, to table further discussion to the next meeting, allowing someone from the Building Department to be present. ADJOURNMENT There being no further discussion, a motion was made by Commissioner Bernard, seconded by Commissioner Jovanovich, and unanimously carried, that the meeting adjourn at 8:41 p.m. The commission adjourned to a work session. Respectfully submitted, fA(Jf~ Y'Lib7UZ-J '\../ '-- Mava Mikkonen, Secretary