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HomeMy WebLinkAboutApril 14, 1987 " \ ,-_.J , ... . ) '-..... ~) 7:30 P.M. o o CITY of ANDOVER REGULAR PLANNING AND ZONING COMMISSION MEETING- AGENDA APRIL 14, 1987 1. Call to order 2. Approval of Minutes 3. Rum River Ranch Estates Preliminary Plat, Cont. 4. Hills of Bunker Lake Revised Preliminary Plat, Public Hearing 5. MMHI Variance, Cont. 6. John Fields Lot Split, Cont. 7. Laddie Hawkins Variance 8. Lloyd H. Bearl Variance 9. Al Parent Variance 10. William E. Braun Variance 11. Boen Construction Variance 12. John Kunza Variance 13. Drop-in Day Care Facilities/SC District 14. Adjournment o u , " CITY of ANDOVER '--~ REGULAR PLANNING AND ZONING COMMISSION MEETING - MINUTES APRIL 14, 1987 The regularly scheduled Andover Planning and zoning Commission meeting was called to order by Chairman Apel at 7:30 P.M., Tuesday, April 14, 1987. Commissioners Present: Commissioners Absent: Also Present: Pirkl; Vistad Bosell; Jovanovich; Jacobson; Rogers Assistant City Engineer Todd Haas; Larry Stenquist; ; Jerry Green; Tony Emmerich; Laddie Hawkins; Lloyd Bearl; Al Parent; William Braun; Randy Boen; John Kunza; others Approval of Minutes March 24, 1987 MOTION by Pirkl, seconded by Vistad to approve the minutes of March 24, 1987 as presented. Motion carried. Rum River Ranch Estates Preliminary Plat, Cont. ~) Chairman Apel noted that the plat has been amended to include some housekeeping items that were missing, such as basement elevations. Commissioner Vistad again stated that he felt that the plat should have three lots instead of four. Larry Stenquist, representing Clvde Smith - stated everything that was required at the last meeting. perc test locations have been shown. that they have added Soil borings and Chairman Apel noted that the Andover Review Committee has recommended that the residents along l59th Avenue petition for improvement of streets. Because of the four lots shown on the plat, five variances will be required. Commissioner pirkl felt that three lots would be fine. Mr. Stenquist explained that the way the land is presently, it is divided into three parcels. There are 11 acres. He noted that the reason in the biginning for 2~ acre lots was so the land didn't get so heavily populated that we ended up with sewer problems. ~ Mr. Apel noted that the Council indicated to Mr. Stenquist that this particular configuration would be acceptable. They did, however, think there was more land involved. He asked Mr. Stenquist if the legals had been prepared for the 12 foot easement and the l~ acre parcel. Mr. Stenquist stated that he called the city attorney and he said that they were not necessary but he had them prepared anyway. , ) o Regular Planning Commission Meeting April 14, 1987 - Minutes Page 2 / (Rum River Ranch Estates, Cont.) Assistant City Enqineer Todd Haas - noted that the 150 foot setback line (858) from the 100 year flood line should be eliminated. , / MOTION by Pirkl, seconded by Vistad that the Andover Planning and Zoning Commission recommend to the City Council approval of the preliminary plat of Rum River Ranch Estates being developed by Clyde Smith, legally described as That part of Government Lot 5, Section 13, Township 32, Range 25, Anoka County, Minnesota described as follows: Commencing at the northwest corner of said Government Lot 5; thence North 89 degrees 52 minutes 28 seconds East along the north line of said Government Lot 5 a distance of 215.50 feet, to the point of beginning of the land to be described; thence continue North 89 degrees 52 minutes 28 seconds East 803.59 feet to a point which is 289.00 feet west of the northeast corner of said Government Lot 5; thence on a bearing of South and parallel with the East line of said Government Lot 5 a distance of 177.50 feet; thence North 89 degrees 52 minutes 28 seconds East and parallel with said north line 289.00 feet; thence on a bearing of South along the East line of said Government Lot 5 a distance of 287.07 feet to a point which is 464.57 feet south of the northeast corner of said Government Lot 5; thence south 89 degrees 48 minutes 17 seconds West 1055.00 feet more or less to the easterly shore line of the Rum River; thence northwesterly along said shoreline to the intersection of a line which bears South 29 degrees 27 minutes 28 seconds West from the point of beginning; thence North 29 degrees 27 minutes 28 seconds East 230.00 feet more or less to the point of beginning there terminating. For the purpose of this description the East line of Government Lot 5 Section 13, Township 32, Range 25 has an assumed bearing of South, for the following reasons: 1) The plat has been reviewed by the City Engineer; 2) the Park Board recommendation for $3,670 has been received, payable at the time of final plat approval. It should be noted that a public hearing was held and there was very little public opposition. The plat meets the city ordinances with the following variances: 1) Lots 2 and 3, Block 1 for lot area; 2) Lots 3 and 4, Block 1 as the width at the front setback does not meet 300 feet. Vote on motion: Yes - Pirkl; Apel; No - Vistad. Motion carried. Hills of Bunker Lake Revised Preliminary Plat Public Hearing Jerry Green, developer - stated that they have added the Dayton Conger property which is about 3 acres to the plat. Half of it will be in the nature park and the remainder will be four lots. At this time, Chairman Apel opened the public hearing. Mr. Green noted that the front setback line on Lot 3, Block 3 will be added to the plat. The updated grading plan was delivered to TKDA but has not been sent to the city yet. / Commissioner Vistad noted that he has no problem with the plat. MOTION by Vistad, seconded by Pirkl to close the public hearing. Motion carried. \ '0 Regular Planning Commission Meeting April 14, 1987 - Minutes Page 3 \ \.J \ I (Hills of Bunker Lake, Cont.) MOTION by Vistad, seconded by Pirkl that the Andover Planning and Zoning Commission recommend to the City Council approval of the revised plat of the Hills of Bunker Lake being developed by Hills, Inc. for the following reasons: 1) The plat is in conformance with the Comprehensive Plan~ 2) The plat has been reviewed by the City Engineer~ 3) The plat has been reviewed by the Anoka County Highway Department~ 4) The plat meets the City ordinances. It should be noted that a public hearing was held. Discussion: Commissioner Pirkl felt that Lots 1, 2 and 3 of Block 2 should be Neighborhood Business. Motion carried. This will go to the City Council on May 5, 1987. MMHI Variance, Inc., Cont. This item will be continued to the next meeting as no one was present to represent the applicant. John Fields Lot Split, Cont. This item will be continued to the next meeting as no one was present to represent the applicant. , ,/ Laddie Hawkins Variance Laddie Hawkins, 15524 Univers~Avenue N.W. - stated that the reason for the variance request is because he has 15 acres on University Avenue with only 173 feet of frontage. Commissioner Vistad asked how far back the house would be from the front lot line. Mr. Hawkins noted that it will be 400 feet back. Chairman Apel noted that the driveway will have to be hard surfaced as it is longer than 300 feet. / MOTION by Pirkl, seconded by Vistad that the Andover Planning and Zoning Commission recommend to the City Council approval of the variance requested by Laddie Hawkins, 15524 University Avenue N.W, for lot width at the setback line for the property described as'That part of the North half of the Northeast Quarter of Section 24, Township 32, Range 24, Anoka County, Minnesota, lying East of the West 1216 feet thereof and lying south of the North 780.14 feet thereof. Except the following described parcel of land~ That part of the Northeast Quarter of the Northeast Quarter of Section 24, Township 32, Range 24, described as beginning at a point 951.80 feet South from the Northeast corner of said Section 24~ thence west at an angle of 90 degrees, a distance of 250 feet~ thence South and parallel with the East line of said Northeast Quarter of North- east Quarter to the South line of said Northeast Quarter of Northeast Quarter~ thence East along said South line to the Southeast corner of said Northeast Quarter of Northeast Quarter~ thence North along the East line of said Northeast Quarter of Northeast Quarter to the point of beginning9 for the following reasons: 1) A hardship is created because Mr. Hawkins can't enlarge the property~ 2) It will not adversely affect the existing or potential use of adjacent land~ 3) It is in conformance ,-) \.__J Regular Planning Commission Meeting April 14, 1987 - Minutes Page 4 (L. Hawkins Variance, Cont.) with the Comprehensive Plan; 4) It is necessary to the reasonable use of the land. Motion carried unanimously. This will go to the City Council on May 5, 1987. Lloyd H. Bearl Variance Lloyd Bearl, 304 Park Street, Anoka - is requesting a variance from the 150 foot from the Ordinary High Water Mark requirement in the Scenic River Ordinance. He stated that if he stays 150' from the OHWM he would be building in the low land. Chairman Apel noted that after the Planning Commission makes their recommendation on this, the Department of Natural Resources has 30 days to respond and if they don't respond in those 30 days, it is automatically approved. / MOTION by Pirkl, seconded by Vistad that the Andover Planning and Zoning Commission recommend to the City Council approval of a variance requested by Lloyd H. Bearl to vary from the setback requirement from the ordinary high water mark on the Rum River on the property described as Lot 4, Block 1, Cedar Hills River Estates and also to vary from the setback requirement of 30 feet from the bluff line by 10 feet pursuant to Ordinance 52, Section 5.02.01, Subsections 4 and 5, for the following reasons: 1) A hardship is created due to the topography of the land; 2) It will not adversely affect the existing or potential use of adjacent land; 3) It is in conforrn~~ce pith the Comprehensive Plan; 4) It is necessary to the reasonable use of the land. Motion carrien. This will go to the City Council May 5, 1987. Recess 8:30 - Reconvene 8:36 P.M. William E. Braun Variance William Braun, 910 - 158th Avenue N.W. - is requesting a variance from the rear yard setback requirement. Mr. Braun stated the the lot is short. North to south it is 136 feet and it's 850 feet wide. The house was built at an awkward angle and it would be to his benefit to add onto his house to the rear. MOTION by Vistad, seconded by Pirkl that the Andover Planning and Zoning Commission recommend to the City Council approval of a variance requested by William Braun to vary from the rear yard setback of 50 feet to 38 feet on the property located at 910 - 158th Avenue N.W. for the following reasons: 1) It will not adversely affect the existing or potential use of adjacent land; 2) It is necessary to the reasonable use of the land; 3) By adding the garage and entry to the house it will show proper I alignment of the front to 158th Avenue. Motion carried. This will go to the City Council on May 5, 1987. , \..J "--.J Regular Planning Commission Meeting April 14, 1987 - Minutes Page 5 , / Boen Construction Variance Randy Boen - is requesting a variance to allow them to construct a deck closer to the lot line than 10 feet. The surveyor made a mistake and they didn't realize it until they went to build the deck. With an 8 foot deck they would be 4 feet from the lot line and with a seven foot deck, they would be 5 feet. Commissioner Vistad noted that Ordinance 8, Section 4.06, permitted encroachments, allows for patio decks to be five feet from the lot line; therefore, he felt that a variance was not required. It was noted by the secretary that Section 4.06 does not apply to decks attached to the house. Mr. Vistad disagreed, saying that this deck is allowed to be within 5 feet of the lot line. MOTION by Vistad, seconded by Pirkl that the Andover Planning and Zoning Commission recommend to the City Council approval of a variance to allow the construction of a deck within five feet of the property line on the property described as Lot 18, Block 3, Woodland Terrace 4th Addition as it will not adversely affect the existing or potential use of adjacent land. This is pursuant to Ordinance 8, Section 6.02. Motion carried. This will go to the City Council on May 5, 1987. '. ) John Kunza Variance John Kunza, 2814 - 134th Avenue N.W. - stated that he would like to build a deck closer to his rear property line than is allowed by ordinance. His two neighbors, Ken Orttel and Mike Budda, have no objections. The Commission felt that this is similar to the Boen Construction variance and really does not require a variance because of Ordinance 8, Section 4.06. MOTION by Pirkl, seconded by Vistad that the Andover Planning and Zoning Commission recommend to the City Council approval of a variance to allow the construction of a deck closer to the rear lot line than allowed by Ordinance 8, Section 6.02 on the property known as 2814 - 134th Avenue N.W. as it will not adversely affect the existing or potential use of adjacent land. Motion carried. This will go to the City Council on May 5, 1987. Al Parent Variance Al Parent, 15523 Potawatomi Street N.W. - is requesting a variance because the house is too close to the front and side lot lines. There is also a 150 foot drainage easement on the back of the lot and the buyer of the home would like to put a swimming pool in the back yard. , ) Chairman Apel noted that the front of the house is only 1/2 foot closer than it should be and the side of the house is only 2 feet from the property line. The City Building Official has also stated that the septic system is in the drainage easement. \ ,~ Regular Planning Commission Meeting March 24, 1987 - Minutes Page 5 (Kensington Estates, Cont.) Chairman Apel suggested that when Mr. Windschitl goes to the Council with this plat, he should have a couple of alternatives. He felt that we have some responsibility as a city to try to help this situation. Commissioner Bosell stated that Lots 35 and 36 look like they only have 125 feet of depth and the ordinance requires 130 feet. Mr. Windschitl noted that the grading plan, which Ms. Bosell was looking at, has not been corrected. The depth is sufficient on the revised plat. Commissioner Vistad asked if the grading plan needs to be changed because of the revised plat. Mr. Windschitl said no. Ms. Bosell noted that the Andover Review Committee recommended that Quinn Drive be connected to 145th Avenue. She understood that the intent is to put sewer and water along the present alignment of Quinn. Mr. Windschitl noted that is one of the preferred routes but it has not been decided as yet. The reason they are looking at that route is because there would be less digging. As far as connecting Quinn and 145th Avenue, Mr. Windschitl didn't think it would be a good idea as the people in Woodridge Acres would be responsible for paying for the street. It would also be a short cut for people coming from Andover Boulevard going to Round Lake Boulevard. / Mr. Haas noted that when the sewer system is constructed, they would then look at the soils. Mr. Windschitl noted that he has two variance requests that would allow for a more reasonable use of some of the lots and one which allow a bigger house to be built. He presented drawings showing different setbacks. He requested that he be allowed to use 20' setbacks on the end lots. This would allow for a 15 foot larger house. The lots which would require this setback are Lot 1, Block 4, Lot 7, Block 3, Block 3, Lot 8, Block 6, Lots 9 and 10, Block 7, Lots 10, 11, 25 adn 26, and Block 9, Lots 7 and 8. He didn't feel that requiring a 35 foot setback on an end lot would accomplish anything. The plat will work without the variance but the builder will have to cut the house down 15 feet. The other variance is from the 50 foot setback on an arterial street. The 50 feet is simply saying that you have given up 100 feet of right of way. A 35 foot setback is a better use of the land than a 50 foot setback. Commissioner Vistad asked if it isn't better to have the house 50 feet back on a road like Crosstown where you have a lot of traffic. Mr. Winds chit 1 felt that Mr. vistad doesn't realize how far back 50 feet is until you look at where the surveyor's stakes are. Mr. Apel stated that the Commission needs to deal with the pie shaped lot on the east by the landfill and the pie shaped piece for the Slyzuk problem. The common entrance for the driveway for Lots 9 and 10 needs to be shown on the plat. The request for the setback variances also needs to be dealt with. '~J Regular Planning Commission Meeting March 24, 1987 - Minutes Page 6 (Kensington Estates, Cont.) ~~ Commissioner Jacobson stated that he is against all of the variances except the front yard setback on Lots 34, 35 and 36. Commissioners Jovanovich, Vistad and Rogers agreed with Mr. Jacobson. Commissioner Pirkl stated that she didn't see anything wrong with any of the variances. Commissioner Bosell agreed with granting the variance on Lots 34, 35 and 36. She didn't feel that the 50 foot setback should be varied from. She also noted that Lots 9 and 10, Block 4 require a variance as they front on a county road and recommended that that variance be approved. The length of the cul-de-sacs also needs a variance as they exceed the 500 foot requirement. Ms. Bosell felt that Partridge Street should be connected. MOTION by Jacobson, seconded by Vistad that the Andover Planning and Zoning Commission recommend to the City Council approval of the preliminary plat of Kensington Estates being developed by Gerald and Carol Windschitl, in Section 27-32-24 with the following changes and/or variances: 1) Lots 34, 35 and 36, Block 3, a 40 foot front yard setback be granted; 2) Concurrent with the filing of the plat, Out lots D & E will be deeded to Ken and Mary Ann Slyzuk; 3) a variance will be granted for Lots 9 and 10 which front on Crosstown Boulevard, which is contrary to Ordinance 8, Section 9.02 (C). The driveways for these two lots will be placed as close together as possible to minimize any disruptions; 4) A variance will be granted for the length of the cul-de-sacs, which exceed the 500 foot requirement; 5) Outlot C will be combined with Outlot Band deeded to the City of Andover parcel on the southeast corner of the plat at the time of final plat; 6) A variance will be granted for the jog in 141st Lane between Uplander and Raven as it is shorter than it should be. Approval is contingent upon the payment of park dedication fees. Disucssion: Commissioner Rogers felt that the access to Lot 6 should be vacated. Vote on Motion: Carried unanimously. This will go to the City Council on April 7, 1987. MOTION by Jacobson, seconded by Jovanovich that the Andover Planning and Zoning Commission recommend to the City Council that they consider vacating the portion north of Lot 6, Block 6 that connects to Partridge Street. Motion carried unanimously. This will go to the City Council on April 7, 1987. Oak Bluff 2nd Addition Sketch Plan ,/ Chuck Cook, developer - stated that this is the same as the resubdivision plan he submitted when he did Phase I. He also noted that one of the conditions for plat approval was that in Phase II he could have no water retention. o u Regular Planning Commission Meeting April 14, 1987 - Minutes Page 6 , ,I (A. Parent Variance, Cent.) Mr. Parent noted that the lowest part of the drainfield is at the 881 figure. Chairman Apel asked if there would be any way of picking up some of the property to the east to enlarge this lot so that the side yard setback would be larger. Mr. Parent stated that the lot to the east would then become a substandard lot. Mr. Apel noted that looking at the lot you would never notice that the side yard setback is violated. It was noted that the Commission can act on the variances for the side and front setbacks but that the Council will have to hold public hearings for the vacation of the utility easement on the side and the drainage easement on the back of the lot. Commissioner Vistad asked Mr. Parent if there are utilities on the east side of the house. Mr. Parent stated there are not. MOTION by Pirkl, seconded by vistad that the Andover Planning and Zoning Commission recommend to the City council approval of a variance requested by Al Parent to vary from the front yard setback and the side yard set- back on the property located at 3166 - 149th Avenue N.W. (Lot 6, Block 2, East Round Lake Estates), for the following reasons: 1) A hardship is created due to a mistake in calculations: 2) It will not adversely affect the existing or potential use of adjacent land: 3) It is in conformance with the Comprehensive Plan: 4) It is necessary to the reasonable use of the land. The Planning Commission also recommends that the Council, after holding a public hearing, approve the vacation of the utility easement on the east property line and the drainage easement in the rear. Motion carried. This will go to the City Council on May 5, 1987. Drop-In Day Care Center A public hearing to amend Ordinance 8 to include drop-in day care centers in Shopping Center districts will be held on April 28th. MOTION by Pirkl, seconded by Vistad to adjourn. Motion carried. Meeting adjourned at 9:20 p.m. Respectfully submitted, , / u~ Vicki Volk - Commission Secretary , J o Regular Planning Commission Meeting March 24, 1987 - Minutes Page 7 (Oak Bluff 2nd Addn., Cont.) , Commissioner Jacobson asked how Mr. Cook is going to get rid of the water. Mr. Cook explained that a storm sewer system down Hanson Boule- vard will be constructed. He stated that he will have some retention but no detention. Any ponds in the plat will drain dry. Commissioner Vis tad asked what price homes he is planning to go into this area. Mr. Coon stated that in the cul-de-sac areas, the larger to accommodate $125,000 to $175,000 homes. south will be about $100,000. lots will be made The homes to the Commissioner Bosell noted that Ordinance 10, Section 8.01 (E) requires that the previous plat needs to be shown and needs to be identified as a replat of the outlot. She asked Mr. Cook if he is going to petition for improvements. Mr. Cook stated that he will be petitioning. Ms. Bosell asked if the park dedication fees for the first addition have been taken care of. Todd Hass noted that they have not been paid. Mr. Cook stated that he would have that taken care of. Mr. Haas also noted that the development contract has not been signed. " Ms. Bosell didn't think that we could look at a replat until the develop- j ment contract had been signed and the park dedication fees paid. Mayor Windschitl stated that the development contract is between the owners and the attorney. Mr. Cook stated that at the time of platting, Nedegaard and Nettum were the fee owners of the property. Mr. Jacobson noted that this sketch conforms to the resubdivision plan he previously provided. He stated that he would like to see bigger lots like the ones around the cul-de-sac. Mayor Windschitl noted that he has been meeting with the Metropolitan Council trying to sort through out what their rules are for the expansion of the Metropolitan Urban Service Boundary. A city can have a five year supply of lots. There is going to be some rationing program in the expanded MUSA line. Mayor Windschitl noted that we probably will be in a position where we are not going to allow anyone to come in and file a whole plat. No plats will be approved until we hear from the Metro- politan Council. The school site will have top priority for services. Chairman Apel noted that we will have to wait to see what the Metro- politan council says before proceeding further on this plat. MMHI Variance , j MOTION by Jacobson, seconded by Vistad to move the MMHI variance to the next meeting. Motion carried unanimously. ~) __I Regular Planning Commission Meeting March 24, 1987 - Minutes Page 8 > John Fields Lot Split, Cont. MOTION by Jacobson, seconded by Jovanovich to move the John Fields lot split to the next meeting. Discussion: Chairman Apel noted that the drawing received for the lot split is very confusing. Commissioner Bosell noted that the cul-de-sac does not exist. The description has a mistake in the survey and we need to resolve what the city did. Motion carried. Drop-in Facility!SC District, Cont. MOTION by Jacobson, seconded by pirkl to continue this item to the next meeting. Motion carried. MOTION by Rogers, seconded by Jovanovich to adjourn. Motion carried. Meeting adjourned at 10:40 P.M. Respectfully submitted, > &,U Vicki Volk Commission Secretary