Loading...
HomeMy WebLinkAboutApril 12, 1983 o ,0 Call to order - 7:30 Approval of Minutes l. Comm. #2-83-5 2. Comm. #3-83-4 3. Comm. #3-38-6 4. Comm. #3-83-7 5. Comm. #3-83-8 6. Comm. #4-83-1 o 0 ~ 01 ANDOVER REGULAR PLANNING AND ZONING COMMISSION MEETING APRIL 12, 1983 AGENDA Al Bloomquist Variance Rosella's Addition Preliminary Plat Public Hearing Dennis J. Niemann Variance Allen Melby Variance Richard Szyplinski Variance Roger Hokanson Variance o 0 ~oIANDOVER '0 REGULAR PLANNING AND ZONING COMMISSION MEETING APRIL 12, 1983 MINUTES The regularly scheduled Andover Planning and Zoning Commission meeting was called to order by Chairman d'Arcy Bosell at 7:37 P.M., Tuesday, April 12,1983 at the Andover City Hall, 1685 Crosstown Boulevard N.W., Andover, Minnesota. Commissioners Present: Apel, Knutson, Perry, Rogers, Schreiner, Spotts Commissioners Absent: None Also Present: Al Bloomquist; Rosella Sonsteby; Jeff Caine, Caine & O'Malley; Dennis J. Niemann; Bob Cook; Richard Szyplinski; Roger Hokanson; James Schrantz, City Engineer; others Approval of Minutes March 15, 1983 MOTION by Perry, seconded by Rogers to approve the minutes of March 15, 1983 as written. Motion carried on a 6 yes, 1 present (Apel) vote. March 22, 1983 MOTION by Spotts, seconded by Schriener to approve the minutes of March 22, 1983 as written. Motion carried unanimously. March 29, 1983 Page 1, 4th paragraph, change Commissioner Perry's comment to read 'she thought that the supervisory personnel....'. MOTION by Apel, seconded by Knutson to approve the minutes of March 29, 1983 as corrected. Motion carried on a 6 yes, 1 present (Schreiner) vote. April 5, 1983 MOTION by Knutson, seconded by Perry to approve the minutes of April 5, 1983 as written. Motion carried on a 4 yes, 3 present (Apel, Spotts, Rogers) vote. Al Bloomquist Variance (Comm. #2-83-5) Al Bloomquist, 15845 Sycamore Street N.W. - stated he is requesting a variance so that he can build a garage closer to the front lot line than his house. Commissioner Knutson asked Mr. Bloomquist if there was some other place he could build the garage so it wouldn't be in front of the house. Mr. Bloomquist noted that he would lose a lot of pine trees and yard if he put it elsewhere. Also, by putting it closer to the front lot line, his driveway will be approximately 50 feet shorter than if he put it where it should go. Mr. Bloomquist presented pictures of his c=:Yroperty, showing where he.would like to build the garage. Commissioner Rogers asked what the size of the house is. Mr. Bloomquist noted that it is 42' x 28'. Commissioner Rogers then asked what the garage will be used for. Mr. Bloomquist stated it will be storage for his cars. Regular Planning April 12, 1983 - Page 2 C . . M(} ommlsslon eetlng Minutes u (Bloomquist Variance, Cont.) , ) Commissioner Knutson asked what Mr. Bloomquist intends to do with the driveway. Mr. Bloomquist stated that he is going to put in a culvert and make the driveway 12 feet wide. He noted that he is now coming into his property from his neighbor's property. Commissioner Schreiner questioned whether the large pond ever flows into the little pond. Mr. Bloomquist stated that it does not. MOTION by Knutson, seconded by Perry that the Andover Planning and Zoning Commission recommend to the City Council denial of a variance requested by Al Bloomquist, 15845 Sycamore Street N.W., to construct a garage closer to the front lot line than the house based on the fact that there is no hardship due to the characteristics of the land, except for the removal of trees. Ordinance 8, section 4.05, Accessory Buildings, specifically states that no garage shall be located nearer the front lot line than the principal structure. Commissioner Spotts stated that even if the request doesn't coincide with Section 4.05, the removal of the trees would make it detrimental. Commissioner Apel felt that looking at the size of the land and the asthetics of keeping the trees, putting the garage where he requested would supercede the ordinance. Commissioner Schreiner asked Mr. Bloomquist what is next to his property. Mr. Bloomquist stated there are 5 vacant acres of property. Vote on Motion: No - Apel, Rogers, Schriener, Spotts, Bosell; Yes - Perry, Knutson. This will go to the City Council on May 3, 1983. Rosella's Addition Preliminary Plat Public Hearing (Comm. #3-83-4) Chairman Bosell opened the public hearing. Rosella Sonsteby, 4151 - 141st Avenue N.W. - stated that there will be 25 lots for single family homes. She also noted that this preliminary plat was previously approved by the City. She will be going to the Park Board on April 21, 1983 to discuss the park dedication required for the plat. City Engineer Schrantz reviewed his memo regarding this plat, noting the following: The property is zoned R-4, which is adequate; Access from Round Lake Boulevard to Vintage Street is adequate; The estimated average daily traffic is 240 trips per day; Individual access to Round Lake Boulevard will not be allowed; The flood hazard elevation is 870; Lots 3 and 4 of Block 1 will have to be graded and filled; public utilities have been petitioned for, including water; Mrs. Sonsteby is not platting all of her contiguous property as she plans to build a church on the adjacent land; The Andover Review Committee, which consists of the City Clerk, Fire Chief, Public Works personnel and the Engineer, have a concern for the access to the property on the west. They would like some kind of access through this plat or along the existing easement. Their feeling was that Underclift Street should continue down through the plat and Woodbine Street should have a cul-de-sac on it; the easement shown on the plat will have to be vacated; the park land will be included with Shirley's Estates; soil borings have not been provided and must be submitted to establish the water table. :_:hairman Bosell asked if borings had been done at all. Mr. Schrantz noted that they did a few test holes to determine the water table on the day the test holes were done. He also noted that the Anoka County Highway Department should be alerted that this plat is happening again. (j Regular Planning Commission Meeting April 12, 1983 - Minutes Page 3 u ~ /Rosella's Addition, Cont.) Mrs. Sonsteby noted that extending Woodbine Street would not do anyone any good. Chairman Bosell stated that we could request the Mrs. Sonsteby put a cul-de-sac on the south edge of Woodbine Street. Bonnie Francis, 14260 Round Lake Boulevard - noted that according to this plat, her property has shifted 12 feet to the west and 5 feet to the south. She asked if this is going to create any problems. Mr. Schrantz noted that Auditor's Subdivision 82 was surveyed another survey was done with a different corner established. affected will be the people south of Sub 82. from one corner and later The only people that would be , Jeff Caine, Caine & O'Malley - stated that they did the survey for Rosella's Addition using the legal description, with the corner set back in 1941. Mr. Schrantz noted that there will be a 10 foot strip that the city could acquire for the street or the property owner can deal with Mrs. Sonsteby for the purchase of that property. Betty Hagen, 14234 Round Lake Boulevard - stated that with the stakes that are in the ground now, the 10 foot strip of property between her house and the 33 foot easement has disappeared. Recess 8:52 - Reconvene 9:05 Chairman Bosell noted that following items are missing from the plat: 1) The easement going to the Volk property needs to be included if it is within 100 feet of the plat; 2) The footage of Lot 11 on County Road 9 needs to be included; 3) Lot 6 needs to have the setback line from the rear to establish the width; 4) Lots 3 and 4 of Block 1 need to be shaded to show the grading and filling. She stated that she would like to have someone due an overlay to show what affect the 10 foot jog is going to have on the plat. It was suggested that Mr. Caine do the drawing but only for the properties on the northern boundary of the plat. Mr. Caine noted that the Vo1k easement is more than 100 feet from the plat; therefore it does not need to be shown. Chairman Bosell noted the following variances that are required: 1) Not platting all of the contiguous property; 2) Lot depth on Lot 13, Block 1 is 100 feet and should be 130 feet; 3) Lots 9 and 10, Block 2 have 115 feet of depth and should be 130'; (Mr. Caine noted that the average lot depth is over 130 feet and this will not require a variance.) 4) Lot 13, Block 1 has the long side as the front of the lot; the short side is on Round Lake Boulevard; 5) Lots 8 and 9, Block 1 are twice the average size lot. Outstanding items are: 1) The lot dimension on Lot 11, Block 2; 2) Shading of Lots 3 and 4, Block 1 to show grading and filling; 3) Soil borings need to be provided. Steven Wood, 3723 - 145th Avenue N.W.- stated that he has no objections to the plat but he does have two concerns: 1) Consideration for park land should be rigidly tied to this plat before it is approved. At the present time, Auditor's Subdivision 82 has no provision for ~ark land; 2) The work done by Leroy Winner in surveying Sub 82 was done incorrectly and ~ ~s already created several lawsuits in the area. Because this plat moves away from Sub 82 and doesn't cause residents a problem, it is a snowballing effect and will develop into something. Mr. Wood submitted his notes from May of 1980 asking the city to order the replatting of Auditor's Subdivision 82 to put the legals in line with the way the lots are Regular Planning April 12, 1983 - Page 4 .'Rosella's Addition, Cont.) , ' U Commission Meeting Minutes o actually laid out. He noted that the Auditor's office holds the power to have it replatted. Mr. Wood also felt that all of the areas that Mr. Winner surveyed should be resurveyed. Chairman Bosell felt that this should go to the City Council next week and asked the secretary if she could relay that message to the City Clerk. MOTION by Spotts, seconded by Rogers to close the public hearing. Motion carried unanimously. MOTION by Apel, seconded by Spotts that the Andover Planning and Zoning Commission recommend to the City Council approval of the preliminary plat known as Rosella's Addition, legally described as: The east 900.00 feet of the Southeast Quarter of the Southwest Quarter of Section 29, Township 32, Range 24, Anoka County, Minnesota. Except the following described tracts: 1. The west 150.00 feet of the east 690.00 feet of the north 115.00 feet of said Southeast Quarter of the Southwest Quarter; 2. The north 230.48 feet of the east 540 feet of said Southeast Quarter of the Southwest Quarter; 3. Beginning at a point on the east line of said Southeast Quarter of the Southwest Quarter which said point is 264 feet southerly of the northeast corner thereof; thence westerly at right angles a distance of 429 feet; thence southerly at right angles a distance of 99 feet; thence easterly at right angles a distance of 429 feet; thence northerly a distance of 99 feet to the point of beginning; 4) Commencing at the southeast corner of said Southeast Quarter of the Southwest Quarter; thence northerly alo~gthe east' line thereof a-distance of 343.1 feet to the point of beginning of the land being described; thence westerly, parallel with the south line of said Southeast Quarter of the Southwest Quarter, a distance of 252 feet; thence northerly, parallel with the east line of said Southeast Quarter of the Southwest Quarter a distance of 252 feet to the east line of said Southeast Quarter of the Southwest Quarter; thence southerly along said east line a distance of 132 feet to the point of beginning; 5) That part of said Southeast Quarter of the Southwest Quarter lying south of the following des~ribed line: Beginning at a point on the east line of said Southeast Quarter of the Southwest Quarter distant 343.1 feet north of the Southwest corner thereof; thence westerly, parallel with the south line of said Southeast Quarter of the Southwest Quarter, to the west line of said Southeast Quarter of the Southwest Quarter and said line there terminating; 6) That part taken by Anoka County Highway Right-of-Way Plat 14, for the following reasons: 1) A public hearing was held. There was no real public opposition other than the fact that there was some discussion on the difference in the surveys for the properties abutting the northern part of the plat. There was some discussion about Vintage Street because of an error in surveying which would result in a 10 foot jog; 2) The plat as reviewed is in compla nce with the Comprehensive Plan; 3) It has been reviewed by the City Engineer; 4) Approval of the plat is contingent upon Anoka County Highway Department review, the Park Board's recommendation and soil borings being provided. The plat meets the intent of the city ordinances except that the following variances must be granted: 1) Lots 8 and 9, Block 1 are more than twice the average size lot, pursuant to Ordinance 8B, Section 9.06 (A); 2) Lot 13, Block 1 will require a variance for lot depth in accordance with Ordinance 8, Section 6.02; 3) Lot 13, Block 1 cannot front on County Road 9, thereby requiring a variance from Ordinance 8, Section 3.02 (WW); 4) All of the owner's contiguous property is not being platted. Motion carried unanimously. This will go to the City Council on May 3, 1983. , ,scussion: Concern was expressed that access be extended to the west of Woodbine Street by '__.ie construction of a cul-de-sac. Mrs. Sonsteby has agreed to construct this cul-de-sac to. afford ease for maintenance purposes. The last time this plat was brought in for approval, vacation of the easement crossing Lots 2 and 3, Block 2 and Lot 3, Block 1 was approved contingent upon the filing of the preliminary plat. It was questioned whether that vacation ; \ \~ o Regular Planning Commission Meeting April 12, 1983 - Minutes page 5 . (Rosella's Addition, Cont.) still stands or if it has to be reinstated. Commissioner Spotts thought that according to State law, if the easement hasn't been used for a number of years, it is automatically vacated. Dennis J. Niemann Variance (Comm. #3-83-6) Dennis J. Niemann, 2421 - 179th Avenue N.W.- stated that he would like a variance so that he can build a garage 40 feet closer to the front property line than the front of his house. Commissioner Perry noted that Mr. Niemann has an existing attached garage and asked what he plans to use the new three car garage for. Mr. Niemann stated that it will be used for the storage of two cars and a boat. Commissioner Schreiner asked what the depth of the lot is from the house to the rear property line. Mr. Niemann stated that it is 50 feet. Chairman Bosell noted that the house should actually be facing Verdin Street but that is not allowed so the lot is wider than it is deep. Commissioner Spotts asked how close to the west property line the garage would be. Mr. Niemann said it will be 150 feet. Commissioner Schreiner asked what the purpose is in building the garage closer to the front lot line. Mr. Niemann noted that less fill would be required, he could utilize his existing driveway and parking area and he would not have to remove some trees that he planted three years ago. Chairman Bosell questioned whether Mr. Niemann would be agreeable to moving the garage 20 feet to the north. By doing that, it would visually be better for the appearance of the area. Mr. Niemann stated that if he did that, he would not be able to get into the garage. Chairman Bosell then suggested. that he move the garage so that it would be even with the north part of the parking area. Mr. Niemann agreed to do that. MOTION by Apel, seconded by Rogers that the Andover Planning and Zoning Commission recommend to the City Council approval of a variance requested by Dennis J. Niemann, 2421 - 179th Avenue N.W., to build a garage closer to the front lot line than the principal structure for the following reasons: 1) A hardship is created due to the physical conditions present at this time; 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 allows for the reasonable use of the land. Approval of this request is contingent upon moving the garage so that the leading edge is adjacent to the lower edge of the parking apron. The leading edge of the garage will be approximately 132 feet from the edge of the property. Granting of this variance will eliminate the need for a considerable amount of fill and the removal of six to seven spruce trees. Vote on motion: Yes - Apel, Spotts, Schreiner, Spotts; No - Perry, Bosell, Knutson. , \ , 4. .nls will go to the City Council on May 3, 1983. Regular Planning April 12, 1983 Page 6 U Commission Meeting - Mi nutes u \, '-,llen Melby Variance (Comm. #3-83-7) Bob Cook,Century 21 Borden Realtors, representing Mr. Melby - stated that Mr. Melby is requesting a variance that will allow a house to be built on the lot. The ordinance require- ments will not allow construction as the lot is substandard in size. Mr. Melby originally owned this lot and the one to the east which has a house on it. He sold the lot with the house on it. Chairman Bosell noted that Ordinance 8, Section 4.04 says that the lot has to meet 60% of the requirements for that zoning district in order to be buildable. This lot does not meet that 60% requirement. Commissioner Apel felt that if we do not grant this variance, he has a good case to present to an attorney. City'Engineer Schrantz noted that the Planning Commission should address the 39,000 square foot requirement. Chairman Bosell stated that the lot isn't even 39,000 square feet; the lot is only about 23,000 square feet. MOTION by Apel, seconded by Spotts that the Andover Planning and Zoning Commission recommend to the City Council approval of a variance requested by Bob Cook, agent for Allan Melby, from Ordinance 8, Section 4.04 (E) and Ordinance 8B, Section 4.04(A) having to do with lot size. This lot was a lot of record prior to October 21, 1971 and does not meet the present lot size criteria. Pursuant to Ordinance 8, Section 5.04, the practical difficulties inherent in the lot size cause unnecessary hardship on the owner. It is necessary to grant this variance for the reasonable use of the land. It will not adversely affect the potential or existing use of the adjacent land. There was no opposition voiced at the meeting. it is compatible with the Comprehensive Plan. Motion carried unanimously. This will go to the City Council on May 3, 1983. Mr. Cook asked if this item could go to the Council on April 19th. Chairman Bosell advised Mr. Cook to call City Hall in the morning to see if this could get on the published agenda. Richard Szyplinski Variance (Comm. #3-83-8) Richard Szyplinski, 10930 Crooked Lake Boulevard, Coon Rapids - asked if the lot that he owns is 258.52 feet deep or 258.52 feet plus 77 feet. City Engineer Schrantz noted that i.t is 258.52 feet to the meander line and then another 77 feet. Mr. Szyplinski noted that he is planning to build a one level house. There is a clearing in the front of the property and he does not want to build the house there; he would like to have it back from the road. The river bank is 25 to 30 feet high. If the house is 50 feet from the bluffline and 85 feet from the river's edge, no one will be able to see it from the river. Commissioner Apel stated that not all lots are bluffline lots and that is why we are having all of these problems with building on the river. '\ J~airman Bosell noted that Rum River Forest was platted at the same time we were working on the Scenic River Ordinance. The plat was reviewed by the DNR and they approved it with 2! acre lots. The ordinance requires riparian lots to be 4 acres. (J u Regular Planning Commission Meeting April 12, 1983 - Minutes Page 7 " '_,Jzypl inski Variance, Cont.) Commissioner Apel stated that we have an area platted at 2! acres with a 75 foot setback and then we have an ordinance requiring something different. That is causing people problems. Mr. Szyplinski noted that he, Roger Hokanson and another property owner would like to keep their houses in line. Commissioner Perry noted that upon viewing this property, if Mr. Szyplinski built his house where it should go, it would still be in the trees. Mr. Szypl inski stated that they are small shrubs and he doesn't want to be that close to the road. Commissioner Apel asked when Mr. Szyplinski bought his lot. Mr. Szyplinski stated it was in January. Commissioner Apel asked what the City Attorney said about building. Mr. Szyplinski stated that Mr. Hawkins was under the impression that you could build 30 feet from the bluff- line. Roger Hokanson - owns the lot north of Mr. Szyplinski's. He noted that he hired Mr. Hawkins when he was purchasing his lot. He also stated that Mr. Hawkins was under the impression that you could build either 150 feet from the river or 30 feet from the bluffline. Chairman Bosell asked Mr. Szyplinski if he would consider building 105 feet from the river rather than 85 feet. Mr. Szyplinski replied that he would. Commissioner Apel noted that we have to look at the intent of the ordinance. It was not~ that everyone's interpretation of the intent is different. Commissioner Apel stated that if we can make the taxpayers happy with their property and stay within the intent of these ordinances, we're better off. The DNR has the last say on this and normally they will go along unless the decision is obviously in conflict. Commissioner Perry didn't think that in dealing with the Scenic River Ordinance we could use the same arguments as we do with other ordinances. We have to be guided by what is spelled out in the ordinance. She felt it was possible to reach some kind of compromise. In walking the property, she did not find any of the criteria for reducing the 150 foot requirement to 85 feet. Commissioner Apel felt that the ordinance means you can build either 150 feet from the river or 30 feet from the bluffline. Commissioner Schreiner asked Mr. Szyplinski and Mr. Hokanson what their hardships are for putting the houses in a different location. Mr. Hokanson noted that he would have to cut down a lot of trees and also, he has a drainage ditch running through his lot. Mr. Szyplinski stated that he just wants to it back further from the street and wants to keep his house in line with Mr. Hokanson's. It was suggested that this item be continued until April 19th in order for the city to get an interpretaion on the 150 foot and 30 foot requirements. The DNR will be at City Hall on Thursday for a seminar and perhaps at that time, they could go out to look at the lots. Mr. Szyplinski and Mr. Hokanson were agreeable with this suggestion. These variances will be continued on April 19th at the special meeting of the Planning , )mmission. Motion by Apel to adjourn. Respectfully submitted, Meeting adjourned at 12:07 A.M. r . ( {}uL ;,,~LJ Vicki Vblk, Commission Secretary