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HomeMy WebLinkAboutDecember 9, 1986 ,:) l. 2 . 3. 4. 5. 6. 7 . 8 . 9. 10. t "- ,-.J () u c) CITY of ANDOVER REGULAR PLANNING AND ZONING COMMISSION MEETING-AGENDA DECEMBER 9, 1986 Call to order - 7:30 P.M. Approval of Minutes Downtown Deli Amended Special Use Permit Public Hearing Batson's Industrial Park Preliminary Plat Public Hearing Commercial Pole Buildings, Cont. Waste Tire Ordinance, Cont. Auditor's Sub 82 Legal Descriptions Variance Park Dedication Fees/Lot Splits, Cont. Commercial Lot Splits Adjournment , '\ , I '--" ':J ;~ l~ ~ \ "---" CITY of ANDOVER REGULAR PLANNING AND ZONING COMMISSION MEETING-MINUTES DECEMBER 9, 1986 The regularly scheduled Andover Planning and Zoning Commission meeting was called to order by Chairman Jacobson at 7:34 P.M., Tuesday, December 9, 1986 at the Andover City Hall, 1685 Crosstown Boulevard N.W., Andover, MN. Commissioners Present: Commissioners Absent: Also Present: Apel; Bosell; Pirkl; Vistad Jovanovich; Rogers Assistant City Engineer Todd Haas; City Building Official Dave Almgren; Frank Padula; William Batson; others Approval of Minutes - November 25, 1986 Regarding the motion on the cancellation of the special use permit for Tonson, Inc., the Commission felt that it did not contain their intent that the special use permit would not be cancelled if Mr. LaPanta entered into an agreement with the PCA by February 1, 1987. MOTION by Pirkl, seconded by Apel that if an agreement is reached by February 1, 1987 with the PCA, cancellation will not take effect. The conditions of the Special Use Permit must be brought up to date within this 60 day period. Vote on motion: Yes - Apel, Pirkl, Vistad; Abstain - Bosell. Motion carried. MOTION by Apel, seconded by Pirkl to approve the minutes of November 25, 1986 as amended. Motion carried. Downtown Deli Amended Special Use Permit Public Hearinq Frank Padula - stated that he is requesting an amended special use permit for a grill and fryer at the deli. Chairman Jacobson noted that the grill and fryer are already in place. He asked how this came about. Dave Almgren stated that the Fire Marshal mentioned it to the Fire Chief who mentioned it to Dave. At this time, Chairman Jacobson opened the public hearing. MOTION by Pirkl, seconded by Vistad to close the public hearing. Motion carried unanimously. Mr. Padula stated that he has the same permit from the County that Perkins and Embers have. / ~ ) \ '~) Regular Planning Commission Meeting December 9, 1986 - Minutes Page 2 (Downtown Deli Special Use Permit, Cont.) , / Commissioner Apel felt that if Mr. Padula corrects the code violations this should be allowed. Mr. Jacobson thought that if this is allowed, it should be called a restaurant. MOTION by Vistad, seconded by Pirkl that the Andover Planning and Zoning Commission recommend to the City Council approval of the Amended Special Use Permit requested by the Downtown Deli at 3121 - 161st Avenue N.W. for the addition of a grill and one deep fat fryer to be used on the property. The proposed use will not be detrimental to the health, safety or general welfare of the community; it will not cause serious traffic congestion or hazards; it is in harmony with the general purpose and intent of the Comprehensive Plan. It should be noted that a public hearing was held. Approval is contingent upon the following conditions being met: 1) The use must comply with the regulations as set forth by the fire code for the city and the county. Motion carried on a 3 yes, 1 abstain (Bosell) vote. Batson's Industrial Park preliminary Plat Public Hearing William Batson, 1331 - 45th Avenue N.E., Columbia Heiqhts - stated that he is merely moving three lot lines on his property. Chairman Jacobson noted that the Andover Review Committee has provided their comments and also the County Highway Department. Commissioner Bosell noted that the fee owner is not listed on the plat and should be on there. The plat also needs to go to the Park Board. Commissioner Apel asked why the lot lines don't go all the way to the back of the property. Mr. Batson explained that is because the property in the back is all junkyard and he wants to sell that. He also stated that our city attorney called him to see if he would sell the property to the city. He felt that was very improper since he is in the process of changing the lot lines. Chairman Jacobson noted that this whole Financing Plan to revitalize the area. lots would be more saleable if the city area is under the Tax Increment He felt that maybe three equal does buy the property. Dave Almgren noted that the Review Committee has recommended moving the lot lines to the back for future planning. Bunker Lake Boulevard may be realigned to the south and there may be a service road along there. He didn't think that this configuration is in the best interest of the city. \ ) Commissioner Apel noted that if the city is going to buy this property, they can move the lot lines any way they want. ~ \ 'J ) Regular Planning Commission Meeting December 9, 1986 - Minutes Page 3 (Batson's Industrial Park, Cont.) / Mr. Batson noted that he has a junkyard license for the whole area now. At this time, Chairman Jacobson opened the public hearing. MOTION by Apel, seconded by Pirkl to close the public hearing. Motion carried. Commissioner Pirkl stated that she does not care for the jogs in the lot lines. Mr. Batson noted that the adjoining property has similar lot lines. He also stated that he is not going to sell the junkyard to the city; he has a buyer for it. Chairman Jacobson stated that the way the Tax Increment Financing works, the city will ask if the people want to sell and if they don't, the city can condemn the property, clean it up and sell it. He noted that Mr. Batson has stated that the whole parcel is now a junkyard. If this is approved, we can reduce the size of that junkyard. Commissioner Bosell asked what the name of the junkyard is. Mr. Batson noted that it is Rite-Away. ~ -) Mr. Jacobson noted that be shown on the legend. needs to be shown. the minimum building setback of 50 feet needs to The county wants 17' of right of way which also Mr. Batson stated that he would like to talk to his attorney before he agrees to give the county 17 feet. Todd Haas recommended 27 feet of right of way. MOTION by Apel, seconded by Pirkl that the Andover Planning and Zoning Commission recommend to the City Council approval of the preliminary plat of Batson's Industrial Park described as The East 374.00 feet of the West 924.00 feet of Lot 1, Watt's Garden Acres, Anoka County, MN for the following reasons: 1) The property in question has been looked at from the staff point of view. The major discussion hinged on the shape of the lots. However, because of the existence of the junkyard, it is not feasible to plat it differently. 2) The plat seems to be in conformance with the Comprehensive Plan and the zoning ordinance. 3) The plat would not create any more impact on the traffic. It should be noted that a public hearing was held. Approval is contingent be used as junkyards. yard. upon the condition that Lots 1 and 2 will not This would reduce by almost half the present junk- \ ) The Anoka County Highway Department has indicated they would like 13' of easement on Bunker and City Staff has asked for an additional 10 feet. Therefore, 27 feet of easement will be granted to the City of Andov~r and Anoka County. ( \. -.J \. 'J Regular Planning Commission Meeting December 9, 1986 - Minutes '\ Page 4 ,/ (Batson's Industrial Park, Cont.) Approval is contingent upon the following housekeeping items being provided: 1) Name of the fee owner; 2) 50 foot setback being shown; 3) The park dedication fee be taken care of with the Park Board. Discussion: Dave Almgren noted that of way, the lots will be substandard. letter from the county states that if lots, they will accept that 17' as an if the County takes 17 feet of right Commissioner Apel stated that the the 17' will create substandard easement rather than right of way. AMENDMENT TO MOTION by Apel, seconded by Pirkl that 17' of dedicated right of way will be given to the county and a 10 foot easement will be given to the City of Andover. The Commission further recommends that because Lots 1 and 2 will become substandard in area, they will be granted a variance. An agreement will be entered into by the property owner restricting junkyard activities to Lot 3 if the City Attorney deems this is the proper thing to do. Vote on Amendment: Carried unanimously. Vote on Motion: Carried unanimously. This will go to the City Council on January 6, 1987. " ,~ Auditors Subdivision 82 Leqal Descriptions Chairman Jacobson noted that at a City Council meeting there was discussion regarding the legal descriptions in Auditors Sub 82. All of the legal descriptions in that area are incorrect. In some instances it is only a couple of inches and in others, a couple of feet. According to the City Attorney, we should recommend approval of a blanket variance for the whole area. MOTION by Pirkl, seconded by Apel that the Andover Planning and Zoning Commission recommend to the City Council approval of either a blanket variance or lot split or whatever appropriate means as determined by the City Attorney to remedy the legal descriptions in Auditors Subdivision 82 prusuant to Ordinance 10, Section 14. Motion carried unanimously. This will go to the City Council on Janaury 6, 1987. SuperAmerica Sketch Plan Herb Perry, representinq Local Oil Company - stated that in order to finance the construction of the station, they need to provide a legal description and the one they have now is not satisfactory. ~_) Commissioner Pirkl saw no problem with the sketch plan. \ ) " , ~ Regular Planning Commission Meeting December 9, 1986 - Minutes Page 5 (SuperAmerica Sketch Plan, cont.) Dave Almgren felt that we would need to have an ordinance change because a neighborhood business needs to be 3 acres in size. It was noted that the district size needs to be 2 acres and the lots within that district must meet the other requirements. Mr. Perry was advised to proceed with his preliminary plat. Waste Tire Ordinance Commissioner Bosell suggested changing the form of the amendment regarding waste tires, such as putting the definitions in Section 3.02 of Ordinance 8 and the rest should be part of the criteria for a Special Use Permit. She felt this should be similar to what we have for home beauty shops. Commissioner Vistad felt that this should be in only one section of the ordinance instead of having it scattered throughout the ordinance. Chairman Jacobson agreed with Mr. Vistad except that he would like to have the definition in Section 3.02 of Ordinance 8. Commissioner Bosell felt that using 500 as the number of tires would restrict a retread plant. She felt that something close to 1000 tires would be more appropriate. ) Mr. Vistad stated that he would like to see us clean up the city and have the tires stored inside. Mr. Jacobson stated that we have to look at the original reason for this. We have a business now where they have tires stored out in the back. He asked Commissioner Bosell to redraft the ordinance and a public hearing will be held. Jim Driscoll, Andover Tire - stated that he doesn't mind asking for a Special Use Permit, but he doesn't want the city to come back and say that he needs to get rid of the tires within six months. He also noted the people dump off tires in their front yard all the time and they have to pay to have them removed. This will be continued to the January 13, 1987 meeting. Commercial Pole Buildinqs- A public hearing will be held on this ordinance on January 13, 1987. Park Dedication Fees/Lot Splits Commissioners Vistad, Pirkl and Apel felt that the park fees for lot splits should be left as is. Commissioner Bosell felt that the Park Board should be looking at this rather than the Planning Commission. She also noted that on the Elmer } "~ Regular Planning Commission Meeting December 9, 1986 - Minutes Page 6 (Park Dedication Fees,Cont.) Dargis lot split, the value of the property is $13,200 and if you cut that in half and take 10%, his park dedication fee would have been $650.00. Woodland Meadows' fee was $337.00 per lot. This will be referred to the Park Board for their consideration. Commercial Lot Splits Chairman Jacobson stated that he will draft an ordinance regarding this item for the next meeting. MOTION by Pirkl, seconded by Vistau to adjourn. Motion carried. Meeting adjourned at 10:10 p.m. Respectfully submitted, MW Vicki Volk Commission Secretary /