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HomeMy WebLinkAboutApril 12, 1988 ~J o u CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.w. . ANDOVER, MINNESOTA 55304 . (612) 755-5100 REGULAR PLANNING AND ZONING COMMISSION MEETING - AGENDA APRIL 12, 1988 7:30 P.M. l. 2 . 3. 4. 5. 6. 7. 8. 9 . 10. ll. 12. 13. 14. Call to Order Approval of Minutes Special Use Permit #88-02 (Anoka County), Continued variance #88-01 (Raintree Realty), Continued Gammon Brothers Mining Permit Public Hearing, Continued Ordinance 53 (Dog Ordinance) Amendment Discussion Lot Split #88-01 (Steffensen) Lot Split #88-02 (Olson) Variance #88-02 (Riccar) New Generation Homes Mining Permit Public Hearing Indian Meadows Mining Permit Public Hearing Deerwood Estates Preliminary Plat Public Hearing Ordinance 8 (Zoning Ordinance) Amendment Public Hearing Ordinance 10 (Subdivision and Platting Ordinance) Amendment Discussion 15. Adjournment ~J o () "j '"-, CITY of ANDOVER REGULAR PLANNING AND ZONING COMMISSION MEETING APRIL 12, 1988 - MINUTES The Regularly Scheduled Andover Planning and zoning Commission Meeting was called to order by Acting Chairman Rebecca Pease at 7:31 P.M., Tuesday, April 12, 1988 at the Andover City Hall, 1685 Crosstown Boule- vard N.W., Andover, MN. Commissioners Present: Commissioners Absent: Also Present: Bosell, Jacobson, Jovanovich, Bernard, Vistad Perry Daryl Morey, City Planner; Dave Almgren, Building Official; others APPROVAL OF MINUTES - MARCH 22, 1988 Page 5, the builder's name should be Ron Smith rather than Ron Green. Second paragraph, fittings should be footings. MOTION by Vistad, seconded by Jacobson to approve the minutes of March 22, 1988 as corrected. Motion carried. ANOKA COUNTY SPECIAL USE PERMIT, CONT. Daryl Morey, City Planner requested that this item be tabled to the next meeting. The bill that would eliminate eight sites from consideration as potential landfills has passed both the House and Senate; however, they are different. The bills are now in conference committee and then they will go back to the House and Senate for approval. MOTION by Jacobson, seconded by vistad to table this item to the April 26 meeting. Motion carried unanimously. RAINTREE REALTY VARIANCE Daryl Morey explained that this was tabled from the last meeting so that we could ask Dave Almgren to be present to answer some questions the Commission had. Dave Almgren reported that at the time this house was being built by Ron Smith, the sewer work was going on but the curb was not in. To get to this particular lot, you had to drive across other lots. The irons were in the ground but the lot was not staked out. Because it's on a curve, a mistake was made. ~his was one of the first houses built in the Hills of Bunker Lake. , " '\ V Commissioner Jacobson asked if a Certificate of Occupancy had been issued as there are are people living in this house. Mr. Almgren stated that because there are no safety hazards in the house, the property owner was allowed to move in. The Certificate of Occupancy is being held pending the outcome of the variance request. When asked why it took five months for the builder to come in for the variance, Mr. Almgren explained that l ~ ) ~J Regular Planning Commission Meeting April 12, 1988 - Minutes Page 2 o } IRaintree Realty Variance, Cont.) last fall he called Mr. Smith and told him that he needed to apply for a variance. The request was here in February or March and it took this long to get it on the agenda. This mistake is the reason Mr. Algren is now requiring the houses to be staked by a surveyor. Commissioner Bernard asked Mr. Almgren's opinion on how the Planning Commission should handle this request. Mr. Almgren noted that this has happened before and the request has always been approved. He felt that this is an honest mistake as there was nothing to gain by moving the house three feet closer to the front. Mr. Jacobson suggested that the Commission deny this request and call it a non-conforming use. Mr. Almgren stated that if that occurred, the property owner would have a difficult time obtaining a loan on the property. Commissioner Bosell explained that a non-conforming use only applies to those uses in existence at the time of the adoption of the ordinance. It could not be used in a case like this. MOTION by Jacobson, seconded by Bernard to table this to the next meeting and request bor.h the builden and the property owner to appear to discuss the situation. Discussion: when no one be granted. involved as Commissioner Jacobson noted that he gets a little worried shows up because their feeling is that variances will always Commissioner Bosell didn't think that the property owner is he bought the problem; he didn't create it. AMENDMENT TO MOTION by Jacobson, seconded by Bernard that we request the builder only to appear at the next meeting. Vote on Motion: Yes - Jacobson, Bernard, Jovanovich; No - Vistad, Bosell, Pease. Motion fails. MOTION by Bosell, seconded by Vistad that the Andover Planning and Zoning Commission recommend to the City Council approval of a variance requested by Raintree Realty on the property identified as 13778 Crane Street N.W., varying from Ordinance 8, Section 6.02 as it relates to front yard set back in R-4. At the time that this error in the placement of the structure was determined by the Building Official, the structure was complete and the encroachment onto ~he right of way consists~of three feet at its greatest distance. It is understood by the Planning Commission that at the time the structure was placed on the site the area was completely dug up, the roadways were not in, the curbs were not in, there were irons in the gound; however, a mistake in measurement was made and that all of these reasons substantiate the variance request. It should be further noted that the city now requires that all house pads be staked and it is felt that this variance will not appear before the Planning Commission again. , The Planning Commission further recommends this variance to the City Council as it does not violate the spirit or intent of the ordinance, , , ) ~- o Regular Planning Commission Meeting April 12, 1988 - Minutes Page 3 (Raintree Realty Variance, Cont.) \ j and allows the continued reasonable use of this land. To cause the property owner to move the home would be a substantial hardship and one that would not be justified by the dimensional error that was created. Discussion: Commissioner Vistad asked if the motion could include the fact that because this is on a curve, with the setback and the alignment to the front of the other houses as far as appearance, it would not be affected; it would still look proper. AMENDMENT to Motion by Bosell, seconded by vistad that the alignment of the house would not obstruct the visual capability with the surrounding area. Vote on Motion: Yes - Bosell, Pease, Vistad; No - Jacobson, Jovanovich, Bernard. Motion failed. This will go to the City Council on May 3, 1988. GAMMON BROS. MINING PERMIT, CONT. Mr. Morey recommended that this item be tabled to the April 26th meeting as the application is not complete. MOTION by vistad, seconded by Jacobson to table this item to the next meeting. Motion carried unanimously. ORDINANCE 53 (DOG ORDINANCE) AMENDMENT DISCUSSION Mr. Morey explained Planning Commission incidents recently. Planning Department that the City Council referred this item to the because there have been a number of dog biting Information has been supplied by Lynn Marrs. The does not have a recommendation at this time. Lynn Marrs, 16453 Arqon Street N.W. - stated that she would propose to the city the model ordinance that was submitted by Sharon Sagan with the following additions: Under section 1.10, Dangerous Animal, she would add after 'or has bitten one or more persons', or has attacked another animal on one or Inore occasions'. Section 1.11, Vicious/Biting Animal, the following should be added: Any animal that attacked another animal on two or more occasions or any animal attack of another animal which results in the death of the attached animal. Ms. Marrs stated that she would also like to stipulate that an animal could be defined as vicious on its first attack of a person if the circumstances surrounding the attack warrant it even if the victim is able to escape serious injury. Section 17 should include that an owner is responsible for trying to stop an attack. , ) Ron Roden - asked what the definition of a dog bite is as his dog will bite him while playing. Mr. Roden's concern was with dogs running around his neighborhood and those that are not trained. Commissioner Jacobson felt that the first thing to do is to try and modify our existing ordinance without revamping it entirely. He \ i " / \ o Regular Planning Commission Meeting April 12, 1988 - Minutes Page 4 (Dog Ordinance, Cont.) volunteered to draft something for the next meeting. Commissioner Bosell reported that one of the problems is with the interpretation of the ordinance by the law enforcement personnel. She felt that when a person leaves their dog in the yard all day, they are not under the owner's control even if the owner tells them to stay in the yard. (?) - stated that she had some stray dogs in her yard and the police told them to contain the dogs and then they could be picked up. Ms. Bosell noted that there are basically two points of concern - biting dogs and dogs running at large. Mr. Jacobson offered to draft some changes for presentation at the next meeting. Lot Split (Steffensen) Mr. Morey explained that this request is to split the property at 15411 Nightingale Street N.W. for single family residential development. The property is currently zoned R-l. This lot split would require a variance as the lot frontage would be less than 300 feet. In 1983 Mr. Steffensen went through the procedure to split this property, which was approved by the City Council; however, the lot split was not recorded because there was a problem with the deed. That problem has been cleared up. Except for the width, it would meet the ordinance requirements; the parcel will be 3.7 acres. Given the layout of the lot, the Planning Department is recommending approval of the variance with three stipulations: 1) A certificate of survey and new legal descriptions be provided; 2) 60' for R/W be donated; 3) park dedication fees in the amount of $200 be paid. It was noted that this parcel has access on Hanson Boulevard. MOTION by Jacobson, seconded by Vistad that the Andover Planning and Zoning Commission recommend to the City Council approval of a lot split requested by Curtis Steffensen for the property described as Plat 65922, Parcel 1380 under Ordinance 40. The Planning Commission recommends approval for the following reasons: 1) The lot split is in compliance with Ordinance 40; and 2) it is in conformance with the rural character of the area. Approval of the lot split is subject to the following: 1) Park dedication fees in the amount of $200; 2) The applicant will provide to the city a new certificate of title and new legal descriptions; 3) The applicant will deed to the city 60 feet of Right of Way which abuts Nightingale Street. The length of said right of way will be approximately 500 feet. \, A variance will be granted pursuant to Ordinance 8, Section 6.02 for lot frontage. / Motion carried unanimously. This will go to the City Council on May 3, 1988 '. J ,.J Regular Planning Commission April 12, 1988- Minutes Page 5 Meeting Olson Lot Split Mr. Morey noted that Mr. Olson would like to split his property located at 14201 Crosstown Boulevard N.W. for residential purposes. Both lots would meet the requirements of Ordinance 8, Section 6.02. The Planning Department is recommending approval with the following: 1) the applicant will provide a new survey and legal descriptions; 2) the applicant will dedicate 33 feet of right-of-way along Crosstown Boulevard; 3) the applicant will pay park dedication fees of $200 upon approval by the City Council. Discussion: Commissioner Jacobson felt that we probably have the 33 foot easement as this is in the sewered area of the city. Mr. Morey stated that if we already have the easement, we can disregard that portion of the motion. A recess was taken so that Commissioner Bosell could check the half section maps to determine if they indicate the 33 foot easement. 8:32 P.M. The Commission reconvened at 8:40 P.M. Ms. Bosell reported that the half section maps indicate they were done in 1986 and at that time, the legal descriptions went to the center of the road. Mr. Olson indicated that he has been paid for the right of way but he hasn't signed any documents as yet. Ms. Bosell stated that we can check with the attorney to make sure that this will be recorded. MOTION by Jacobson, seconded by Bernard that the Andover Planning and Zoning Commission recommends to the City Council approval of a lot split requested by Matthew Olson for the property at 14201 Crosstown Boulevard N.W. for the following reasons: 1) the property is in an R-4 zone and the newly created lot meets all of the criteria for this zoning district; 2) the lot split meets the criteria under Ordinance 40; 3) it is in accordance with the Comprehensive Plan. Approval of the lot split is subject to the following: 1) The applicant will provide to the city new legal descriptions and a certificate of survey upon approval by the City Council; 2) park dedication fees in the amount of $200 will be paid; 3) ruling by the City Attorney as to the dedication of a 33' x approximately 286' right of way along Crosstown Boulevard. Motion carried unanimously. This will go to the City Council on May 3, 1988. Riccar Heatinq Variance Mr. Morey noted that this is a variance from the building setback adjacent to a major arterial from 50 feet to 40 feet for Lot 1, Block 1, Andover Commercial Park. This is a corner lot and the front of the building will face l36th Avenue and the side will be on Verdin Street. The Planning Department looked at this very closely and ended up split on the issue. Mr. Morey indicated that it is his feeling that the hard- '- j <J Regular Planning Commission Meeting April 12, 1988 - Minutes Page 6 (Riccar Variance, Cont.) ship is created. The Supreme Court has ruled that a created variance is not valid. Mr. Morey felt that this is a self-created variance as the petitioners purchased this particular lot. There are two larger lots available in this plat which are interior lots and aren't subject the stricter setbacks. Commissioner Bosell indicated that the purchaser made this choice because this is a corner lot. No only did the county take their regular right- of-way, but they took an additional 20 feet for a turn lane. She felt that it is very hard to prove hardship on this. Jeff Arendt and Jim Renner of Riccar Heating appeared for this item. Mr. Arendt stated that they wanted to have the building face Verdin street whcih would not have created a need for a variance. Discussion centered on the space available on the lot for the parking for employees and the company vehicles and also for the semi-trailers bringing in their products. With the present plan, there would be 45 feet for the trucks to turn around without the variance. This would cause the trailers to jack-knife. Ms. Bosell stated that when there was a full right-of-way dedicated on a major arterial in a Neighborhood Business District, the setback was 40 feet. The intensity of an NB zone is greater than it would be in this area. Commissioner Bernard questioned why there is parking for cars on the east side of the proerty instead of having two rows of parking spaces on the north. Mr. Arendt stated that there would not be enough room for all of the trucks to park if there were two rows of parking. Also, there would be no place to put the snow. MOTION by Vistad, seconded by Bosell that the Andover Planning and Zoning Commission recommend to the City Council approval of a variance requested by Riccar Heating for the property known as Lot 1, Block, Andover Commercial Park (2387 - 136th Avenue N.W.) for the building setback requirement of 50 feet adjoining Verdin Street which is a major arterial to 40 feet for the following reasons: 1) it will not adversely affect the existing or potential use of adjacent land: 2) it allows for the reasonable use of the land: and 3) Verdin Street is a major arterial and a full 120 feet of right-of-way has been taken. Discussion: Commissioner Jacobson stated that when you're dealing with a variance there has to be a hardship. The State Law says you have to meet three criteria in order to grant a variance. When we were looking at this Commercial Park we thought we had it so that there would be no variances. This is the first sale of a parcel in that area and the first variance. Mr. Jacobson felt that if this is approved, we don't have that resolve. Ms. Bosell noted that economic hardship cannot enter into a variance. The full right-of-way has been taken on this property and none of the building standards in Ordinance 78 have been varied from. ~ ~ '-~ Regular Planning Commission Meeting April 12, 1988 - Minutes Page 7 (Riccar Variance, Cont.) \ ) Vote on Motion: Yes - Vistad, Bernard, Pease, Bosell; No - Jovanovich, Jacobson. Motion carried. This will go to the City Council on May 3, 1988. Ron Herman Mininq Permit Darly Morey noted that this is a request for a Special Use Permit to mine dirt at 15623 Round Lake Boulevard. The Planning Department is recommend- ing approval. Ron Herman appeared for this item. Commissioner Jacobson asked how many cubic yards of dirt they intend to take. Mr. Herman stated that it will be around 70,000 cubic yards and the dirt will be used for County Road 18. They will be taking peat from that area and replacing it with this dirt. The peat will be brought back to Mr. Herman's property. At this time, Acting Chairman Pease opened the public hearing. (?) , 157th Avenue - asked if there would be 7,000 trucks going up and down yhe road. Mr. Herman stated that the trucks carry 18 yards to a load and there would be between 2800 to 3000 trucks. The whole process will take about a month. They will be going from Round Lake Boulevard to Bunker Lake Boulevard to Crooked Lake Boulevard. MOTION by Vistad, seconded by Jacobson to close the public hearing. Motion carried. MOTION by Jovanovich, seconded by Bosell that the Andover Planning and Zoning Commission recommend to the City Council approval of a Special Use Permit requested by Ron Herman to mine dirt at the property located at 15623 Round Lake Boulevard for the following reasons: 1) The proposed use will not be detrimental to the health, safety or general welfare of the residents; 2) it will not cause serious traffic congestion; 3) it will not seriously depreciate property values; 4) it is in compliance with the Comprehensive Plan and the Zoning Ordinance. It should be noted that a public hearing was held. Approval is contingent upon the following: 1) the company hauling will take safety precautions at the end of each working day to prevent injury to playing children, bike riders, snowmobilers, etc.; 2) the contractor will provide the City with a security bond to hold the city harmless against road damage and for restoration of the site; 3) signs be placed on both sides of any county or city street acting as a haul road indica- ting trucks hauling; 4) watering of the roadway to control dust. \ ) The Special Use Permit will be valid for a period of one year from date of approval by the City Council. The amount of dirt being mined will be approximately 70,000 cubic yards which will be replaced by approximately 20,000 cubic yards of peat and topsoil. Motion carried unanimously. This will go to the City Council on May 3, 1988 .' \ . I '-..../ Regular Plannign Commission Meeting April 12, 1988 - Minutes Page 8 \ V \ New Generation Homes Mininq Permit Daryl Morey reported that this is a request by New Generation Homes to mine dirt in the area of Indian Meadows. Staff is recommending approval with the following conditions: 1) the applicant must maintain a finished grade of 6~' above the permanent or seasonal high water table~ 2) safety precautions be taken at the end of each working day to prevent injury to playing children, bike riders, snowmobilers, etc.~ 3) contractor will provide the City with a security bond to hold the city harmless against road damage and for restoration of the site~ 4) signs be placed on both sides of any county or city street acting as a haul road indicating trucks hauling~ 5) watering of the roadway to control dust during dry times. Wayne Bachman, New Generation Homes - stated that they want to take this dirt to a site they have in Anoka. Commissioner Jacobson stated that on the site plan, it shows l~ million cubic yards of dirt being removed. Mr. Bachman noted that they are asking for a permit for 80,000 cubic yards from the northeast corner of the area just south of Indian Meadows. Commissioner vistad the site for fill. yards on site. asked if they will be retaining sufficient dirt on Mr. Bachman stated that they will leave 41,000 cubic At this time, Acting Chairman Pease opened the public hearing. Rich Lindeen, 15468 Eldorado Street N.W. - stated that he has a real concern as this is the third mining permit tonight. When they mined to the south, Mr. Lindeen felt like he lived in a dust bowl and he doesn't want to go through this every summer. He explained that he bought in this particular area as he likes open space. There are pheasants, deer and other birds out there. He feels that we're allowing complete destruction of the area. Carol Bradley, 15202 - 7th Avenue N.W. - stated that they, as residents, have to look at their neighborhoods. About one and a half years ago they went through this with the trucks going up and down the road all day. She questioned how many trucks there would be, how much they weigh and if we really want to get rid of all of the dirt in the city. When the trucks come out of the area where they are mining they are moving slow so they go on the bike lane. She feels there will be problems with safety, dust and noise pollution. She encouraged the commission to deny this request. Tom Minor, 15629 Kiowa Street N.W. - noted that he moved from Ramsey because of the truck noise. He questioned whether an Environmental Impact Statement should be done. Also, the insurance requirements are not high enough. Mr. Minor stated that Seventh Avenue is a relatively high speed road and urged the Commission to deny the request. \ J Michelle (?), 15643 Inca Circle - stated that they bought their land because it's on a hill and they could build a walkout. She felt that it's more important to look at what kind of hardship this mining will have on the neighborhood. \ , , '-J \ '\....~ \ , j Regular Planning Commission Meeting April 12, 1988 - Minutes Page 9 (New Generation Homes, Cont.) Tony Poole, 15364 - 7th Avenue N.W. - expressed concern about the dust, the time of day the trucks would be hauling, the noise, and whether they will be removing 80,000 cubic yards of dirt each year. He also was concerned with the finished land condition and recommended that this request be denied. Ron Roden, 15481 Kiowa Street N.W. - noted that he is also representing two of his neighbors who could not be in attendance, Randy Mauk and Dan Loftus. Mr. Roden stated the following concerns: there will be damage to car windows; the highway will ultimately be wrecked; the entry and exit used by the trucks will cause accidents; the wildlife will be affected; and whether they would be hauling on Saturdays and Sundays. Mr. Roden didn't feel that we should be removing the dirt. ? , 15600 Dakota Street - reported that in 1985 they hauled dirt without a permit, using the residential streets and there is nothing growing there now. Asked what they are going to do to reclaim this. Mike Whiteford - would like to have an Environmental Assessment Worksheet done on this property. Jim Kwitkowski - stated that by not building in that area, the city is going to be loosing revenue. John Dalos, 15672 Kiowa Street N.W. - noted that the last time this happen- ed everyone complained about the trucks hauling. He could not believe that the city is looking out after the best interests of the residents. Dave Wolpert - felt that if this is approved, the value of his lot will go down. Ron Roden stated that the next time they corne in, he would like them to have better plans and be much better prepared. Cheryl Poole, 15364 - 7th Avenue N.W. - asked what the hours of hauling will be, what period of time he has to to do work, arld what the future plans are to put houses in there are, if the permit is approved. Mr. Bachman replied that they are presently working on a plat of this area and hope to do the grading soon and have the area developed this summer. He also noted that there will be no grading in the area of the drainage ditch. It's on top of the hill that they're making any modifi- cations to the topography. All of the grading will take place where there is a little dropoff; the rest of the property was all farm land. Until there are houses and sod on all of the lots, there will be dirt blowing. Kevin Peterson, 3910 - 157th Avenue - noted that he and his neighbor both have pole barns and with all of the sand blowing, it will be like a sand blaster. He also noted that nothing will grow on land once the top soil is taken out. '. ) Don Ahlberg, 15349 - 7th Avenue N.W. - concerned with the time limit involved. He felt that if this is approved, it should be the last permit they can obtain. ~~ Regular Planning Commission Meeting April 12, 1988 - Minutes Page 10 (New Generation Homes, Cont.) . I '-/ J MOTION by Jacobson, seconded by Vistad to close the public hearing. Motion carried unanimously. Commissioner Jacobson felt that the problem we have is to balance the wishes of the neighbors with the rights of the property owner. He suggested tabling this for two weeks in order to find out what measures they will take to control the dust. He also didn't know what the City Engineer's comments are regarding this permit. Regarding an EAW, Mr. Jacobson didn't know if we would get one on an 80,000 cubic yard project. Commissioner Vistad felt that we have an obligation to the people who live in the area and that this could possibly cause a traffic problem. He stated that he would probably have to vote against it. Commissioner Bernard hoped that the developer has kept a list of the concerns of the residents and will address those concerns at the next meeting. Commissioner Jovanovich stated that because there is such a great impact, she would have to wait for two weeks to make a decision. Carol Bradley - stated that the developer can do what he wants with the property until he infringes on someone else's rights. Commissioner Bosell noted that she also tabled. The scope of the request needs 1,295,000 cubic yards is a lot of soil. law provides that we can require an EAW acres and the depth of alteration is 10 would like to have this item to be narrowed considerably. She explained that the Minnesota be prepared if the site is 40 feet. MOTION by Jacobson, seconded by Bernard to table this item for two weeks to allow the developer to come back with the following: 1) mitigative factors for fugitive sand or dust; 2) to allow the City Engineer time to review the plans; 3) to allow the developer to redraw or redefine in a better manner the actual mining area and site that he wishes to mine; 4) ask the city to assess if there would be any impact on the park; 5) ask the city if there is a need for an EAW. Motion carried unanimously. This will be on the April 26th agenda. Recess 11:10 - Reconvene 11:16 (Commissioner Bernard left the meeting at this time.) Deerwood Estates Preliminary Plat Public Hearinq Commissioner Jacobson noted that on the west side of a small strip of land that belongs to the developer. has been done with that small piece of property. the road there is He asked if anything , I / Rick Foster, developer - stated that the small strip will be deeded to Mr. Putnam. Mr. Putnam noted that no one has contacted him regarding that piece of property. ~ / Regular Planning Commission Meeting April 12, 1988 - Minutes Page 11 (Deerwood Estates, Cont.) I '-~ .' Commissioner Bosell noted that the density is not calculated and that needs to be done. She also questioned the grade. Jeff Caine, Surveyor- noted that they have changed the grade from 1% to 8/10% as Todd Haas has indicated that the city has been accepting 8/10%. Ms. Bosell also indicated the following need to be shown on the plat: 1) the structures on Mark Palo's property need to be described as existing structures; 2) the east dimension of Ward Lake Drive needs to be shown. She also noted that a variance will be required to allow Lot 3, Block 3 to front on Ward Lake Drive. Commissioner Jacobson noted that Lot 2, Block 2 shows the house facing the wrong street. He didn't have a problem with that except that the ordinance requires the house to face the narrow side. At this time, Acting Chairman Pease opened the public hearing. Merle Putnam - explained that he owns the land to the west and south of this property and he would like to donate his 33 foot right-of-way to the city because they will have to put a road through there. He felt that Mr. Palo should also donate 33 feet. Commissioner Bosell explained to Mr. Putnam that the city doesn't have to put that road in; Mr. Putnam will have to do that if he wants to develop his property. P. Hearst, 16440 Ward Lake Drive - asked if the stand of pine trees between his house and this plat will be preserved. Jeff Caine noted that the trees will not be destroyed. Deve Lexcen expressed concern that the people who buy these lots will have a blacktop street and they are the ones who will petition the city to have Ward Lake Drive blacktopped. He also asked what till happen with the four lots along the railroad tracks as there are 27 trains a day going past there. Perry Hearst asked what the price range of the homes will be. Mr. Foster stated that they will be $100,000 and higher. Harry Haluptzok - stated that he would prefer to have Ward Lake Drive paved using state aid funds. Ms. Bosell explained that that needs to be addressed to the City Engineer. MOTION by Vistad, seconded by Jacobson to close the public hearing. Motion carried unanimously. MOTION by Jacobson, seconded by Vistad that the Andover Planning and Zoning Commission recommend to the City Council approval of the preliminary \ plat of Deerwood Estates legally described as 'That part of the South- ) east Quarter of the Southeast Quarter of Section 11, Township 32, Range 24, Anoia County, Minnesota, lying easterly of the east line of the Burlington Northern Railroad, except the following described parcel: That part of the Southeast Quarter of the Southeast Quarter of Section 11, .' Regular Planning C6n~ission Meeting April 12, 1988 - Minutes Page 12 (Deerwood Estates, Cont.) "J Township 32, Range 24, Anoka County, ~nnestoa described as follows: Beginning at a point on the east line of the said southeast quarter of the southeast quarter, said point being 985.10 feet north of the south- east corner thereof; thence north on the said east line to the northeast corner of the said Southeast Quarter of the Southeast Quarter; thence west along the north line of the said Southeast Quarter of the Southeast Quarter a distance of 670.00 feet; thence south along a line parallel to the said east line a distance of 335.23 feet; thence east along a line parallel to the said north line a distance of 670.00 feet to the point of beginning. And, the West 169.47 feet of the following described parcel: That part of the Southeast Quarter of the Southeast Quarter of Section 11, Township 32, Range 24, Anoka County, Minnesota, described as follows: Beginning at a point on the east line of the said Southeast Quarter of the Southeast Quarter, said point being 985.10 feet north of the southeast corner thereof; thence north on the said east line to the northeast corner of the said Southeast Quarter of the Southeast Quarter; thence west along the north line of the said Southeast Quarter of the Southeast Quarter a distance of 670.00 feet; thence south along a line parallel to the said east line a distance of 335.23 feet; thence east along a line parallel to the said north line a distance of 670.00 feet to the point of beginning'. It shoudl be noted that a public hearing was held and while there was discussion, there was no large amount of negative comments. Approval of the plat is subject to the following variances and conditions: 1) a variance for Lot 2, Block 2 as to the definition of lot front to allow the home to face 166th Avenue instead of Sycamore Street at the request of the owner; 2) subject to park dedication as determined by the Park and Recreation Commission; 3) variance for the cul-de-sac pursuant to Ordinance 10, Section 9.02(G) which requires a minimum right-of-way of 120 feet and minimum roadway of 100 feet; 4) variance from 1% grade to 8.10% in rural sections pursuant to Ordinance 10, Section 9.02(c); 5) a variance to allow Lot 3, Block 3 to front on Ward Lake Drive, which is a state aid street; 6) subject to the developer deeding to Mr. and Mrs. Merle Putnam the strip of property that extends west of the Burlington Northern Railroad right-of-way so as to not create a landlocked unusable piece of property should the plat be approved as it is. The applicant has indicated that it would be deeded to that property owner. Motion carried unanimously. This will go to the City Council on May 3, 1988. Ordinance 8 Amendment Mr. Morey noted that inasmuch as there is a growing number of junk vehicles in the city, the City Council has asked that we look at our ordinance as to what is allowed and to make our ordinance more in line with what other cities have. Ordinances have been received from Anoka, Coon Rapids, Blaine, etc. Our ordinance does not have a section that deals with junk vehicles; however, we have a number of different sections that are used when dealing with complaints, such as 8.01, Exterior , Storage and Section 8.03 dealing with passenger vechiles and trucks which I are inoperable. Mr. Morey recommended that we add a definition for junk cars and he has also recommended discussing other changes that seem to be very strict. (Commissioner Jovanovich left at this time 11:55 P.M.) ,'\ \.j u Regular Planning Commission Meeting April 12, 1988 - Minutes Page 13 (Ordinance 8, Cont.) Mr. Morey noted that at the present time, a person can have four cars in the driveway. You could also have two vehicles that are not in operation but would be stored in the rear yard according to changes proposed by Mr. Morey. Also proposed would be to change the storage of vehicles in the rear yard from 10 feet to 30 feet from the property line. Other changes Mr. Morey suggested are: the time limit to dispose of junk vehicles from 30 days to 20 days: add that vehicles need to be currently licensed as well as operable: categorize junk vehicles as a public nuisance and have a hearing with the hearing examiner (this would save court costs). Ms. Bosell felt that a hearing is no faster than the way we operate now: a hearing could take 45 to 60 days. M.R. Olson - expressed concern that because the amendment applies to all districts, the junkyards would all be put out of business. He felt that the business people in this city have taken enough and it's time for the city to wake up and try to do something right. Ms. Bosell explained that we don't allow any new junkyards in the city. The ones in existence are allowed to operate as long as they are currently licensed. This amendment will not affect the junkyards at all. Commissioner Jacobson felt that to avoid confusion, it should read 'In all districts, with the exception of licensed junkyards.' Mr. Morey indicated that this amendment is designed to incorporate the definition of junk vehicles that other cities are using and to speed up the time frame for the abatement of vehicles. If what we are trying to do is unconstitutional, then Fridley and other cities are also incorrect in their methods. Cecil Heidelberger - asked why we have to copy what other cities have instead of having something of our own. After further discussion, the Commission recommended by Mr. Morey incorporate the two definitions of junk vehicle. MOTION by Jacobson, seconded by Vis tad that we direct Daryl Morey to make the corrections to the draft based upon the discussion and come back to the next meeting with revised copy for action. Motion carried. This will be on the April 26th agenda. Ordinance 10 Amendment Discussion MOTION by Jacobson, seconded by Vistad to table this to the next meeting. Motion carried. ~ MOTION by Jacobson, seconded by Vistad to adjourn. Motion carried. Meeting adjourned at 12:35 P.M. Respectfully Submitted, /1 I // ;iJ..-../- {~'fU Vicki Volk Actina Recordina Secretarv