HomeMy WebLinkAboutApril 28, 1981
o
C)
Call to order
o
o 0
~ 01 ANDOVER
PLANNING AND ZONING COMMISSION MEETING
APRIL 28, 1981
7:30 P.M.
Approval of minutes- March 24, 1981; April 14, 1981
1. Comm. #3-81-5
2. Corom. #4-81-1
3. Corom. #4-81-3
4.
o
Frank Padula Rezoning Public Hearing
Duane Granum Variance, Continued
Good Value Sketch Plan
Coon Rapids Comprehensive Plan
o
o
~i
.
o
o
o 0
~ 01 ANDOVER
o
o
o
REGULAR PLANNING AND ZONING COMMISSION MEETING
APRIL 28, 1981
MINUTES
The Regularly Scheduled Planning and Zoning Commission meeting was called to order by Chair-
person d'Arcy Bosell at 7:30 P.M, Tuesday, April 28, 1981 at the Andover City Hall, 1685
Crosstown Boulevard N.W., Anoka, Minnesota.
Commissioners Present: Apel, Kishel, Scherer, Anstett, Johnson
Commissioners Absent: Lobb
Also Present: City Engineer, Larry Winner; Frank Padula; Duane Granum; John Ripson,
Evergreen Land Service Co. ; interested residents
Approval of Minutes
March 24, 1981
Page 6, add to last sentence "advantage to the farmers".
MOTION by Kishel, seconded by Anstett to approve the minutes of March 24, 1981 as amended.
Motion carried unanimously.
April 14, 1981
Commissioner Anstett offered the following amendment to the minutes of April 14, 1981 under
the Agricultural Preserve District discussion:
"Since our meeting minutes are the format the City Council uses to gather information and
review the Planning and Zoning Commission's progress on a project, I feel we should add some
points that were discussed at our last meeting in reference to the study we are doing on the
Agricultural Preserve.
1. In discussing the difference between agricultural preserve and Green Acres, Dick Swanson
pointed out the lack of commitment to the future under the year to year classification of
Green Acres. Since farming is actually an industry requiring major investment, the possibility
of long term leases for crops, and for major finanical investment in equipment would be of
significant benefit to our farmers. The 8 year minimum time period of the agricultural preserve
would encourage this. As a result of the lack of "permanance" under the present system, it
was pointed out that the farmers are for-ed to let the upkeep go during a period of bad years,
realizing that they may soon be forced to sellout.
2. Growth through renting was mentioned. With the cost of land so high, farmers just starting
out find they cannot bear the burden of land ownership on top of equipment investment. We
would see farmers leasing land to work so they could afford to invest money in equipment that
would otherwise be tied up in property.
3. Protection against eminent domain action was discussed, Mr. Swanson explaining the procedure
set up by the Agricultural Preserve Act to provide a one year discussion period to look for
alternatives.
4. Ken Slyzuk stated that he had not applied at the time of the meeting because he had
thought the city would be taking the first steps. This attitude was reflected by other farmers.
5. Other communities are getting involved in the ag preserve. May Township and Columbus
C==;ownShiP were mentioned.
6. Jim Schoettler, in the minutes on the bottom of page 3 noted the program will provide
confidence to keep in competition with other farmers in the state. It should be added that
.
'Planning andr-,ning(-'1IIllissj) Meeting
April 28, lS~'- MilJs \...J
Page 2
u
o
u
our farmers face severe competition from other states as well as Mexico.
- 7. Dick
\
\..--feople.
costly.
is a way
Swanson addressed the question of where the city of the future will get food for its
with the cost of gas rising, shipping from distant points like Mexico will be too
He said we can raise food just as cheaply if we remove the artificial barriers. This
of building a community."
MOTION by Anstett, seconded by Apel to approve the minutes of April 14, 1981 as amended. Motion
carried on a 5 yes, 1 present (Scherer) vote.
Chairperson Bosell noted that Good Value has withdrawn their sketch plan from this evening's
agenda.
Frank padula Public Hearing (Comm. #3-81-5)
Chairperson Bosell opened the public Hearing.
Frank padula - explained that he would like to build a small restaurant on 173rd and 7th Avenues.
The building would be Polish style which would be the same as a house. The only thing different
would be that it will have a 12-pitch roof. It will seat between 80 and 100 people.
Chairperson Bosell noted that the City Council stated that because of the size of the septic
system, Mr. Padula would need between 71 and 8 acres rather than the 5 acres he proposed. Mr.
padula stated he will be able to use more than 5 acres as he owns 25 acres in that area.
Larry Sturgeon, 17307 Roanoke Street N.W. - asked if it was Mr. Padula's intention to have
liquor in the restaurant. Mr. Padula stated he didn't care to have liquor; he just wants to
make it a family restaurant. r~. sturgeon asked if he would have beer and wine. Mr. padula
stated that he really didn't care if he did. However, if the customers want it, he would
apply for a license.
Chairperson Bosell explained that at the present time there is no liquor in the city. An
ordinance is being prepared to allow liquor, but before it's adopted a Public Hearing must be
held.
Mr. Sturgeon - stated that he was under the impression that you could have set-ups, like they
had at the Grow Town Tavern. Chairperson Bosell didn't think set-ups were allowed but the
City Attorney will be contacted to make sure.
Bruce Perry, 17337 Roanoke Street N.W. - Presented a petition opposing the rezoning to Neighbor-
hood business. The petition was circulated among 32 households and property owners in the
area; 29 are opposed which is 93%.
Richard Wandersee, 17315 Navajo Street N.W. - noted that the statement he is giving are his
views, but the neighbors gave their permission to include them in his statement. "I want to
state my opposition to granting the application submitted by Frank Padula for a zoning change
from rural estates to Neighborhood Business. In considering the application it is important
to review the intent, purpose of the present zoning ordinance. As the members of the commission
are well aware, one purpose of zoning is to divide the City of Andover into zones and districts
in order to restrict and regulate use of the land. A second major intent of zoning is to
provide for the compatability of different land uses. A third intent is to protect the public
health, safety, morals, comfort, convenience and general welfare of the city and its neighbor-
hoods. Finally, zoning ordinances are to protect and guide the development of land areas, in
, ~his case rural area. It is my opinion that rezoning should not be granted for the following
'Jeasons:
1. I believe rezoning will create hardships for the neighborhood residents as a neighborhood
business will likely have an adverse effect in the following ways:
. Planning anr-~oninq~-~mmis8' ~ Meeting
April 28, IU - MiJes <)
Page 3
u
o
o
Padula Rezoning, Cont.
/-1' Rezoning will create undue financial hardship by diminishing the attractiveness of the area
,--And thereby reducing property values;
b. The safety of the neighborhood would be affected by increased and changed traffic flow.
Even though the proposed business will be constructed with access to a primary road, with
little doubt, traffic will also use the unimproved neighborhood streets which pass directly by
family residences;
c. Rezoning to Neighborhood Business raises the question and likelihood of future applications
for other such Neighborhood Businesses;
d. Rezoning will create nuisance characteristics such as noise, odor, liquid and solid wastes,
glare and dust which will have an adverse effect and influence on the neighborhood.
In my opinion, the change in zoning from rural estates to Neighborhood Business would be
inconsistent with the existing land use and does nothing to preserve the rural character of
the neighborhood. Spot zoning needs to be avoided if we are to sustain the long term permanency
of a rural area. Finally, I see this application as an individual effort to gain a private
profit at the expense of the neighborhood. A Neighborhood Business is defined as one serving
the needs of the neighborhood. To my knowledge, no effort was made by Mr. Padula to assess
the needs of this neighborhood from its residents.
In a low density area characterized primarily by family rural and family estate zoning, the
needs of the residents are not being met as expressed through the petition presented to you.
The families living in this neighborhood are individuals who value the family. They value
the rural life styles. The rural area offers the residents of this neighborhood the opportunity
to appreciate and experience country living. These are people who have deliberately chosen
to remove themselves from urban living, high density population and commercial and industrial
development. I can understand the need for Mr. padula to appreciate a profit from the land
he has invested in but if he is to do this it should be within the ordinances as they now
exist. To allow otherwise is to go against the intent and the purposes of the City of
Andover ordinances as written as well as against the wishes and needs of this neighborhood."
Jim Sturgeon, 16555 Yakima Street N.W. - asked if land
event Mr. Padula increases the size of the restaurant.
that the restaurant will be designed like the homes.
will be set aside for expansion in the
Also asked what guarantee they have
Chairperson Bosell stated that if Mr. Padula were to enlarge the facility, he would have to
come back to the Planning Commission and the addition would have to meet all the requirements.
Mr. Padula had an artist's rendition at a previous meeting showing the building as a log
structure. However, he has found out that it would be too costly so he will go with a stick
built structure. Mr. Padula will have to submit a site plan showing landscaping, parking,
screening, etc. If the restaurant should fail, it would remain Neighborhood Business until
someone changes the zoning back to R-2.
Jim Sturgeon - noted that if the Commission decides to change this to Neighborhood Business
they will be affecting the residents of that area. Asked what happens if the restaurant fails
and someone changes it to something else. The Commission has the responsibility to look into
the future.
Chairperson Bosell stated that our ordinance dictates what uses are allowable in a Neighborhood
Business. If something isn't a permitted or accessory use, a Special Use Permit must be applied
for. The city has control over what can go into a Neighborhood Business. The minimum lot size
for a Neighborhood Business is 2 acres; lot size for a Shopping Center is 5 acres or more.
~im Sturgeon - asked why the Commission is considering this site when there are other properties
available that are already zoned for this use, such as the Tom Thumb store site. Chairperson
Bosell didn't feel there was enough land left on that site for a restaurant and Mr. Padula
does not own that property.
Pl' ('\. (') . \ J .
ann~ng ana~_6n~ng'_6mm~ss~_. Meet~ng
April 28, 1981 - Minutes
Page 4
u
u
u
_ padula Rezoning, Cont.
" )
'--Jim Sturgeon stated that the Commission has an obligation to go along with the City's
Comprehensive Plan.
Commissioner Kishel asked Mr. Padula if he thought there would be this much opposition and if~
planned to continue to pursue this. Mr. Padula stated that he did not think there would be
this much opposition and he plans to continue with the rezoning. He felt that we have to
start thinking about saving energy. He noted that he will be hiring people from the neighbor-
hood to work in the restaurant. There is nothing in the northern area of the city now with
the exception of the Tom Thumb store. If the restaurant does fail, he will turn it into a
single family dwelling. He noted that he grew up in a neighborhood where there were businesses
and it didn't have an adverse effect on him.
Lester Gubbin, 17260 Roanoke Street N.W. - stated that he is opposed to the rezoning.
bought in that area so they would have privacy. 173rd Avenue comes out to 7th Avenue
there's a blind spot to the north. There have been a couple accidents there already.
want Mr. Padula to sell this property to someone else if the restaurant fails.
He
and
Does not
Larry Sturgeon - Stated that there isn't a restaurant that would survive without liquor.
Does not want this to turn into another SRO (Standing Room Only).
Mike Knight, 4622 - 175th Avenue N.W. - asked if the restaurant would access to 7th Avenue or
173rd Avenue. Chairperson Bosell suggested that it access onto 7th Avenue. Mr. Knight stated
that if it does access onto 7th Avenue, the' visibility is very poor. You would have to do
something to slow the traffic down. If you access onto 173rd Avenue, that road is not paved
and is extremely dusty. If you do have to pave 173rd Avenue, who pays for it?
Chairperson Bosell stated that 173rd Avenue will not be paved unless there is a petition from
the residents. Mr. Padula has to submit his plan to the County Highway Department and they
will suggest placement of the driveways.
Jan Sturgeon, 17307 Navajo Street N.W. - noted that the reason they chose to move out to the
country was so they could raise their child in a rural setting. Asked why Mr. Padula moved
his family to a rural area. She also stated that he is not being fair to the neighbors at all.
Gary Larson, 17170 Navajo Street N.W. - asked what a Neighborhood Business is. Chairperson
Bosell noted that our definition is rather ambiguous but it says these uses are for retail
sales and services in such scale as to serve the surrounding neighborhood needs.
Tyrone Mills, 17340 Roanoke Street N.W. - stated that t~ traffic in that area is heavy now.
Questioned where all the people are going to come from ~support this restaurant. Stated
that he would like to see an impact statement. Chairperson Bosell noted that part of the
requirement is that the Planning Commission or the City Council can require a feasibility study.
Mr. padula also needs to bring in the site plan. The Planning Commission does not make the
final decision; that is up to the City Council.
Lavonna Newstrom, 17365 Navajo Street N.W. - asked if it is legal for Mr. Padula to have
wine and beer and hire neighborhood children to work in his restaurant. (It was noted that
they would have to be 18 years old.) She also questioned the septic system. She felt it
would be better to have residential homes in a residential area and not have to worry about
where the sewage is going to go. Chairperson Bosell noted that Majestic Oaks has a septic
, ~ystem and this would be the type Mr. padula will be installing. She then noted that accord-
'--ing to Ordinance 8, Section 4.17, any area that is to be rezoned to Neighborhood Business must
be adjacent to a major thoroughfare, the developer must submit a plot plan showing structures,
parking, driveways, screening and landscaping, construction must begin within 24 months and
it shall include at least 2 acres.
piann'ing anc'--'ning' 'nrniss' ." Meeting
April 28, 19\"/- Mi~u!es V
Page 5
u
u
u
,~adula Rezoning, Cont.
. )
'-Mike Knight - asked if this is zoned Neighborhood Business, can it be changed to Shopping
Center at a later date. (It was noted that if it complies to Shopping Center requirements
it can be changed. However, a Shopping Center required sewer and water.)
Gary Larson - asked if this is approved by the City Council will it set a precedent? Some
of his land connects with Mr. Padula's and he is concerned about how much of the wildlife will
be diminished. Chairperson Bosell noted that she would like to see an Environmental Impact,
Statement done.
Jim Sturgeon - stated that the County has upgraded 7th Avenue, putting in bike lanes. 3.2
beer can affect a person like any other liquor and you're going to have problems because of
the children on bikes.
Ron Rude, 4615 - 175th Avenue N.W. - noted that the water quality is a concern. Also stated
that the septic system should be a closed system.
Vivian Dailey, 16860 Roanoke Street N.W. - felt the property should stay residential. The
DNR is always picking up dead animals on 7th Avenue. It's a 4-way race track. If a restaurant
is built, there will be a lot of accidents.
Bruce Perry, 17337 Roanoke St. N.W. - stated that he received a call from phil Seebach asking
him to inform the Commission that he is against this rezoning. Mr. Seebach felt he would be
unable to attend the meeting this evening.
Chairperson Bosell noted that Mr. Padula still needs to provide a plot plan. Also, the side
yard setback has to be 35' from the neighbor's lot line.
The Commissioners were asked how they feel about the rezoning at this point.
Commissioner Johnson - "Leaning negatively".
Commissioner Anstett - "Tends to agree with commissioner Johnson. Would like to see an<<
Environmental Impact Statement."
Commissioner Scherer - "in a rezoning, the major impact would be what the residents feel.
Would vote negative."
Commissioner Kishel - "Would like to see a feasibility study done. A Neighborhood Business
isn't that much of a drawback."
Commissioner Apel - "Normally his feeling would be to let a landowner do what he wants with
the land; however, in this case, his vote would be negative."
Chairperson Bosell - "Would have to wait for the feasibility study and plot plan. If it
had to go to the City Council tonight, she would abstain."
Gary Larson - stated a Shopping Center would be more feasible than a restaurant with wine and
beer.
Commissioner Scherer - noted that if the property was zoned Shopping Center and someone wanted
to put in a restaurant, he would vote yes.
Mr. Larson asked what the Commission's stand is on spot zoning. Chairperson Bosell stated
that our Comprehensive Plan charges that we be very careful not to spot zone.
,.,
~)hil Seebach - stated he is definitely against the rezoning because he would like the area to
remain residential.
This will be continued to May 12, 1981.
(Recess 8:45 - Reconvene 9:00)
1. d"'" (,. (\ .
P anm.ng an ,-"n~ng ,-".un~SS:lJ Meet~ng
April 28, 1981 - Minutes
Page 6
o
o
()
_Duane Granum Variance (Comm. #4-81-1)
/' )
'-Duane Granum, 17924 Round Lake Boulevard - stated that he wants to build a house on part of
the property he just bought. The parcel only has 271 feet of frontage and he understands
that you need 300 feet.
Chairperson Bosell noted that the new lot line has to be 10 feet from the existing house on
the adjacent parcel. She asked Mr. Granum if he is the property owner. Mr. Granum stated
that he bought the property as two different parcels. He noted that he will payoff the
15 acres when he gets the variance.
Chairperson Bosell stated that Mr. Granum needs to get a letter of consent from the contract
holder for the City Council meeting.
MOTION by Apel, seconded by Kishel that the Andover Planning and Zoning Commission recommend
to the City Council approval of the variance requested by Duane Granum for the property
described as: That part of the Northeast Quarter of the Northeast Quarter (NEt of NEt) of
section 5, Township 32, Range 24, described as follows, to wit: Commencing at the Northeast
corner of the Northeast Quarter of the Northeast Quarter of Section 5, Township 32, Range 24,
thence South along the East line of the Northeast Quarter of the Northeast Quarter 315.15 feet;
thence West and aprallel with the North line of the Northeast Quarter of the Northeast Quarter
330 feet; thence North and parallel with the ,East line of the Northeast Quarter of the North-
east Quarter 315.15 feet; to the North line of the Northeast Quarter of the Northeast Quarter,
thence East along the North line of the Northeast Quarter of the Northeast Quarter 300 feet
to the point of beginning. And except, the East 607.00 feet of the south 329.30 feet of said
Northeast Quarter of the Northeast Quarter. The reason for the variance is to enable Mr.
Granum to build on a parcel that has less than the required 300 feet of frontage. Reasons
for approval are: 1) It is necessary to the reasonable use of the land; 2) It will not
adversely affect the existing or potential use of the adjacent land; 3) It is in conformance
with the overall intent of the Comprehensive Plan; 4) The remaining 5 acre parcel is in fact
five acres and meets the ordinance.
Motion carried unanimously. This will go to the City Council on May 19, 1981.
Northern Natural Gas Company Discussion
Chairperson Bosell explained that Northern Natural Gas would like to store 60' lengths of
pipe, 6" in diameter in the city during the construction of their pipeline. They are here
so that the Commission can determine whether or not they need a Special Use Permit.
John Ripson, Evergreen Land Service (hired by Northern Natural Gas to acquire right-of-way) -
stated that Northern is going to build a pipeline to Elk River and they have to lease some
property on which to store the pipe. The lease would be from May 15th to the end of October.
They would also like to have either one or two construction trailers on the site for offices.
The Building Inspector told him he would not need a permit for the trailers because they would
be temporary.
The Commission decided that no Special Use Permit is needed for the storage of the pipe as
there are already exterior storage sites in the city because of the Northglen and Rademacher
developments.
,F-~oon Rapids Comprehensive Plan, Continued
, }
\.~
Commissioner Kishel reviewed the Transportation Plan. He stated that the County Traffic
Engineer also looked at the plan and noted that it was by far the best that had been submitted.
. plann'ing an(~ '\ningr~1lIlliss', Meeting
April 28, 19v.J- Mitiu!es ~
Page 7
()
,----,
U
o
..Both Commissioner Kishel and the County Traffic Engineer felt that collector streets should
r ,
,-_~Qt be governed to 30-40 MPH speed limits; they should be based on what the people are driving.
Commissioner Anstett reviewed the Parks Plan. She noted that she was impressed with the plan.
It broke down the city into geographical designations and listed what parks were available or
would be available in those areas. There was continuity with the Anoka County Parks. They
showed trails going to Bunker Park and also to the river. The only item of concern would be
the Crooked Lake Beach area.
The remaining parts of the Coon Rapids Comprehensive Plan will be continued to May 12, 1981.
MOTION by Johnson, seconded by Anstett to adjourn. Motion carried unanimously. Meeting
adjourned at 9:22 P.M.
Respectfully submitted,
[L'&;
Vicki Volk, Commission Clerk
, \
'\.._j~