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HomeMy WebLinkAboutFebruary 8, 1983 f"'\. U ;0 o 0 ~ 01 ANDOVER REGULAR PLANNING AND ZONING COMMISSION MEETING FEBRUARY 8, 1983 AGENDA Call to order - 7:30 P.M. Approval of Minutes - 12/14/82; 1/18/83; 1/25/83 1. 2. Comm. #1-83-3 3. Comm. #1-83-4 4. Comm. #1-83-5 James Refrigeration Discussion L. Malamen Eligibility for Ag Preserve L. Malamen Rezoning Public Hearing B. Young Lot Split o 0 ~ 01 ANDOVER o REGULAR PLANNING AND ZONING COMMISSION MEETING FEBRUARY 8, 1983 MINUTES The regularly scheduled Andover Planning and Zoning Commission meeting was called to order by Chairman d'Arcy Bosell at 7:30 P.M., Tuesday, February 8, 1983 at the Andover City Hall, 1685 Crosstown Boulevard N.W., Andover, Minnesota. commissioners Present: Ape 1 , Perry, Rogers, spotts Commissioners Absent: None Also Present: Lorraine Malamen; Beatrice Young; Dick Quanbec; Mayor Windschitl; Bi~l Short and Susan Blachman; others Approval of Minutes December 14, 1982 Page 2, in the motion for Harold Mayes' variance, should read Ordinance 8, Section 6.02 and 4.05, Subsection (F). MOTION by Apel, seconded by Spotts to approve the minutes of December 14, 1982 as corrected. Motion carried on a 4 yes, 1 present (Rogers) vote. January 18, 1983 Page 1, Chairman Bosell's comment regarding Through Lot should be changed from MSA street to state aid street. MOTION by Apel, seconded by Rogers to approve the minutes of January 18, 1983 as corrected. Motion carried unanimously. January 25, 1983 MOTION by Apel, seconded by Perry to approve the minutes of January 25, 1983 as written. Motion carried on a 3 yes, 2 present (Bosell, spotts) vote. James Refrigeration Discussion Dick Quanbec, representing James Refrigeration - stated that they own the property on 7th Avenue where the Tom Thumb store is located. The man who operates the Tom Thumb store wants to put in a liquor store next to the Tom Thumb. The property is currently zoned Neighborhood Business and the ordinance does not allow liquor in a Neighborhood Business zone. Chairman Bosell asked if the 7 acre parcel is one parcel or two. Mr. Quanbec noted that it is one parcel. Chairman Bosell noted that our smallest zoning is 20,000 square feet and the largest is 5 acres; therefore, they have enough land to rezone. She asked if they are going to attach the new building to the existing building. Mr. Quanbec stated they will. That way they can eliminate the cost of constructing one wall. Their intention would be 'Uto keep the same styling of the building and the same depth (50 feet). The building would be approximately 50 x 60' (3,000 square feet). Chairman Bosell asked what their plans are for the remainder of the property. Mr. Quanbec stated that at this point in time they haven't made any plans for the remainder. They did Planning February Page 2 d ' C ' ,() . an Zonlng omnussJ.or,-deetJ.ng 8, 1983 - Minutes (j (James Refrigeration, Cont.) , ) consider rezoning it to Shopping Center but because of the lack of sanitary sewer and water they can't do that. They do intend to keep the retail type zoning for the whole parcel. Mr. Quanbec asked if they could just rezone one lot out of the 7 acre parcel to something where liquor would fit. Chairperson Bosell noted that they would have to have the property surveyed and have a zero lot line. Commissioner Perry stated that when the liquor ordinance was adopted it was done after a liquor study committee was formed and it was their feeling that liquor should not be allowed in a Neighborhood Business zone. She noted that she would have to see some compelling reasons why this rezoning would be needed. commissioner Apel felt that that particular area is suitable for a liquor store. Commissioner Rogers asked if the County has ever studied the road structure in that area. Mr. Quanbec noted that when they built the Tom Thumb store, the County turned the road and brought 7th Avenue in at a right angle. Chairman Bosell recommended that Mr. Quanbec contact the surrounding neighbors to see what their feelings would be regarding a liquor store in that location. Commissioner Apel noted that if they are going to rezone for a liquor store, he would like to see the entire parcel rezoned rather than only one lot. The Commissioners concurred with him. Chairman Bosell felt it would be more economical to rezone the entire parcel. At this time, Chairman Bosell reminded the Commissioners of the joint meeting with the City Council scheduled for Wednesday, February 9, 1983. Lorraine Malamen Eligibility for Agricultural Preserve (Comm. #1-83-3) Lorraine Malamen, 15167 Round Lake Boulevard - stated that she has applied to have 75 acres put under agricultural preserve. She noted that there is a tax benefit in doing this and asked what other benefits there are. Chairman Bosell noted that it is a commitment of at least 8 years; the owner says that he will not use it for anything other than agricultural for those eight years. When the owner changes his mind, it takes at least 7 years to change the classification. She also noted that you can have one dwelling unit per 40 acres; you have to have 300 feet of road frontage and 39,000 square feet of high dry land to construct a dwelling. Mrs. Malamen asked how you remove the agricultural preserve designation if you change your mind. Chairman Bosell explained the process to Mrs. Malamen, noting that it will take at least 8 years to do so. Commissioner Perry also noted that another advantage of having agricultural preserve is that when development moves out toward you and the people moving in complain because they don't like the sound of your tractor early in the morning the city has some basis for telling them that you have a right to your activities. \ .DTION by Apel, seconded by Spotts that the Andover Planning and Zoning Commission recommend to the City Council approval of the application for agricultural preserve eligibility for Lorraine M. Malamen for the property described as Plat 65921, Parcels 4800 and 6000, for the following reasons: 1) A public discussion was held and there was no ?pposition; 2} it meets U Planning and Zoning Commission Meeting February 9, 1983 - Minutes Page 3 u '~Malamen Eligibility, Cont.) ,~/ the eligibility requirement of 40 acres or more pursuant to Ordinance 57. Motion carried unanimously. This will go to the City Council on March 1, 1983. Lorraine Malamen Rezoning Public Hearing (Comm. #1-83-4) Chairman Bosell opened the public hearing. MOTION by Apel, seconded by Spotts to close the public hearing. Motion carried unanimously. MOTION by Perry, seconded by Apel that the Andover Planning and Zoning Commission recommend to the City Council approval of the request of Lorraine M. Malamen, 15167 Round Lake Boulevard, to rezone the property described as Plat 65921, Parcels 4800 and 6000 to Agricultural Preserve. The request meets the requirements of Ordinance 57 and is within the area designated as appropriate for agricultural preserve on the map; 2) It is in compliance with Andover's Comprehensive Plan goal of protecting, preserving and enhancing the community's rural and open space character; 3) A public hearing was held and there was no opposition. Motion carried unanimously. This will go to the City Council on March 1, 1983. B. Young Lot Split (Comm. #1-83-5) Beatrice Young, 14220 Crosstown Boulevard N.W. - stated that they want to split their lot, keeping an area of 200' x 200', which includes the house, and sell the remainder. Chairman Bosel1 asked it the property is served by sanitary sewer. Ms. Young noted that it is not. The sewer goes as far as 141st. Chairman Bosell noted that because they are not served by sanitary sewer, they have to have 39,000 square feet of buildable land area. She referenced a memo received from the City Engineer in which he stated that the right-of-way can not be included in the size, which means that the Youngs do not have the 39,000 square feet if you remove the right-of-way. It was noted that the Building Inspector concurred with the City Engineer on this matter. Mayor Windschitl - noted that all metes and bounds subdivisions are measured from the center- line. A lot split is metes and bounds. Ordinance 40B states that a residential lot split is any division of a lot, parcel, or tract of land into not more than two parcels when both divided parcels meet or exceed the minimum requirements for platted lots in the applicable zoning district. Mayor Windschitl noted that the lot size in R-4 is 13,000 square feet. The 39,000 square feet is not a lot size requirement, but a sewer requirement. Chairman Bosell asked the Mayor he is intending to develop it. investment purposes. if he is buying the remainder of this parcel and if so, if Mayor Windschitl noted that he is buying the property for MOTION by spotts, seconded by Apel that the Andover Planning and Zoning commission recommend to the City Council approval of the lot split requested by Beatrice and Billy J. Young of 14220 Crosstown Boulevard for the property legally described as 'That part of the West Half of the Southwest Quarter of Section 27, Township 32, Range 24, that is described as follows: , 'commencing at the intersection of the centerline of the Constance Road, formerly known as ~~State Aid Road No.2, with the South line of the said West Half of the Southwest Quarter and thence proceeding Northeasterly along the centerline of said road for a distance of 24 rods to the point of commencement herein; and proceeding thence West and parallel with the South line of the West Half of the Southwest Quarter to the West line of the said west half of southwest Planning February Page 4 d . C ' ,0 , an ZonLng OmmlSSLon MeetLng 8, 1983 - Minutes o (~Young Lot Split, Cont.) quarter; and proceeding thence North on the west line of the said west half of the southwest quarter for a distance of 68 rods; and proceeding thence southeasterly and in a straight line for a distance of 65 rods more or less to a point in the center line of the said road that is distant 41 rods northeasterly from the point of commencement herein; and proceeding thence southwesterly along said center line to the point of commencement. The lot split complies with Ordinance 40B and lOCi there was no public opposition noted; and, the lot split is subject to a $100 park dedication fee. Motion carried unanimously. This will go to the City Council on March 1, 1983. Recess 8:40 - Reconvene 8:55 Ordinance 8 Update Bill Short, Barton-Aschman Associates - noted that there are several items that need to be addressed in preparation for the meeting with the City Council Wednesday evening. Minimum single family lot size: Mr. Short has recommended rearranging the residential districts. R-l would stay as is (21 acre minimum), everywhere there is not sanitary sewer. R-2 would be 13,000 square feet residential suburban district. R-3 would combine s~all single family lot size with the opportunity to plat two family homes. They have recommended a 10,000 square foot lot size. Mr. Short felt that the R-3 zoning could be a transitional district. He also felt that two family homes could be allowed under a conditional use permit. Chairman Bosell noted that with Mr. Short's proposal, the lot split that was just acted on would not have been allowed. It would have to be 21 acres. She asked what you would do to aid that person if they have to go to 21 acres and then sanitary sewer comes through. Mr. Short suggested that any new home that would be constructed on a lot without sanitary sewer be required to put together a re-subdivision plan and put the home where appropriate. Mayor Windschitl stated that the last thing we would want to do is have 21 acre lots just ahead of a sewer line. He asked what we would do about the cross street dedication. Mr. Short noted that if someone came in with a 20 acre plat, we can require are-subdivision plan. Chairman Bosell asked who would build the road and pay for it. Mr. Short noted that that would have to be determined at the time of platting. Mayor Windschitl noted that another problem we have is that the area north of the creek is north of where the hazardous waste problem is occurring. If that area needed city water it would be extremely costly with 21 acre lots. Mr. Short suggested that we keep the 21 acre lots and require a re-subdivision plan. Chairman Bosell asked Mr. Short what we should do about lot splits. Mr. Short suggested that the lot be arranged so that the lot line is at the side yard setback so it allows the remainder to be split. Mayor Windschitl stated that he is very reluctant to have two urban lot sizes. If we let Good Value have 10,000 square foot lots and told Mrs. Sonsteby to the north that she had to have 13,000 square foot lots we would be in trouble. We should look at the lot sizes we ~~ve now and see what the other cities have done. \',j Chairman Bosell asked if we go with the three districts, is the city supposed to go through the area that is now zoned R-4 and rezone certain properties to R~3. Mr. Short noted that u (j Planning and Zoning Commission Meeting February 8, 1983 - Minutes Page 5 , ';Ordinance 8 Cont) ,r ',' R-3 would be a transitional district between multiple family and single family. The lot size for a two family home would have to be 16,000 square feet. Commissioner Perry noted that St. Francis has 10,800 square foot lots with public sewer and they have had problems with an 80' lot because if there was not an attached garage built at the time the house was constructed, they have a problem putting one in and still meeting the setback requirements. Commissioner Rogers noted that a problem in Coon Rapids is that the people end up not being able to get to their back yards with boats, campers, etc. They have been asking permission to go through parks to get to their back yards. Chairman Bosell suggested that rather than requiring corner lots be be 15 feet wider than the other lots, we could require the front yard setback and the side yard setback to be the same. By doing this, the developers would have more area to develop. Mayor Windschitl stated that we owe Good Value a position on what we allow them to do. Commissioner Apel suggested going with 85' x 135' lots. Mr. Short stated that if you had 80' x 135' lots with 10 foot setbacks and a 24' garage, you would have 36 feet left on which to build a house (single family). With a 140' wide lot, you could build a double bungalow with each side being 36' and two 24' garages and still have 10 foot setbacks. Chairman Bosell noted that at the present time, the Metropolitan Urban Service Area is zoned R-4. If we start allowing more districts infue MUSA, do we rezone the properties or have the owners request the rezoning. Commissioner Perry asked if there would be a problem with having lots smaller than 13,000 square feet but larger than 10,000 square feet and allowing either single family or two family homes if you had some specific conditions on the two family homes. Mr. Short stated that under the administrative part of the ordinance there will be criteria for conditional uses. The criteria for two family homes could be in that section. Commissioner Perry noted that she has talked to people in the city regarding 10,800 square foot lots and most of them did not like the idea. They were concerned with police and fire protection and whether the city has the capability of providing the additional services. Chairman Bosell felt that we could have only two lot sizes in the city _ one for the rural area and one for the urban area. She asked the Commissioners if they would be willing to recommend this to the Council. Commissioner Perry asked if you provide for 4 houses per acre rather than 3, how much are you able to reduce the cost of that home. Mr. Short noted that if it's a developer who wants to provide housing as low cost as possible, he'll be able to reduce the cost. ~ommissioner Apel noted that if we require 11,475 square feet for single family homes and ~ /5,000 square feet for two family homes we could have a problem if an area is platted for two family homes and the developer changes his mind and wants single family homes. He would have to redraw the entire plat in order to comply with the square footage requirements. He suggested that the square footage for a two family home be I! times that of a single family \j u Planning and Zoning Commission Meeting February 8, 1983 - Minutes Page 6 \ , .(Ordinance 8, Cont.) lot. Mr. Short noted that we will need some criteria for two family homes in a single family district. Susan Blachman - summarlzlng the discussion, she noted that the Commission seems to want 85' x 135' lots for single family homes; two family homes be allowed by conditional use on lots that are lt times the size of a single family lot; corner lots have the same front and side yard setbacks rather than being IS' wider. It was the concensus of the Commission that they recommend to the Council single family lot sizes as 11,500 square feet and two family home lot sizes as It times the single family lot size. MOTION by Rogers to adjourn. Meeting adjourned at 11:15 P.M. Respectfully submitted, (. .,! /f / L-.t-z-L.rJ a~ Victoria Volk Commission Secretary /