HomeMy WebLinkAboutMay 12, 1981
o
r,
U
Call to order
Approval of Minutes
1. Comm. #3-81-5
2.
3. Comm. #4-81-4
4. Comm. #4-81-5
5. Comm. #5-81-1
6. Comm. #5-81-2
7. Comm. #5-81-4
8. Comm. #8-80-12
9. Comm. #2-81-2
10. Comm. #5-81-3
11.
o
o 0
e<<, 01 ANDOVER
REGULAR PLANNING AND ZONING COMMISSION MEETING
MAY 12, 1981
7:30 P.M.
Frank Padula Rezoning Public Hearing, Cant.
Rosella Sonsteby Memorial Park Discussion
Harvey Fisk Variance
Harvey Fisk Variance
Wm. C. Rademacher Variance
Wm. C. Rademacher Variance
Darrell Bowen Variance
Multiple Conversion Ordinance
Amendment Ordinance 8, Section 7.01 & 7.03
Amendment Ordinance 8, Section 4.03
Coon Rapids Comprehensive Plan, Continued
o
t
o
o 0
e<<, 01 ANDOVER
o
'"
u
REGULAR PLANNING AND ZONING COMMISSION MEETING
MAY 12, 1981
MINUTES
~
The Regularly Scheduled Andover Planning and Zoning Commission meeting was called to order by
Chairperson d'Arcy Bosell at 7:33 P.M., Tuesday, May 12, 1981 at the Andover City Hall, 1685
Crosstown Boulevard N.W., Anoka, Minnesota.
Commissioners Present: Apel, Kishel, Scherer, Johnson, Lobb
Commissioners Absent: Anstett
Also Present: City Engineer, Larry Winner; Rosella Sonsteby; Harvey Fisk; Wayne
Anderson; Darrell Bowen; interested residents
Approval of Minutes
April 28, 1981
Page 4, second paragraph, add the word "he" at the end of the first sentence.
Page 4, eighth paragraph, second sentence, change "the" to "to" support this restaurant.
Page 5, eighth paragraph, Commissioner Anstett's comments should read "Would like to see an
rather than and.
MOTION by Scherer, seconded by Kishel to approve the minutes of April 28, 1981 as corrected.
Vote on motion: 5 yes; 1 present (Commissioner Lobb voted present as he was not at the
April 28th meeting.)
Frank Padula Rezoning Public Hearing, Continued (Comm. #3-81-5)
Chairperson Bosell noted that Mr. Padula had called City Hall to say that he was not ready
for the meeting; therefore, this item will be continued to May 26, 1981.
Rosella Sonsteby Memorial Park Discussion
Rosella Sonsteby, 4151 - 141st Avenue N.W. - Stated that she would like to put in a cemetery
on part of her property. It would be adjacent to Faddler's Addition in Anoka. She would be
using 30 acres for the cemetery.
Chairperson Bosell noted that our ordinance allows for a cemetery in an R-4 zone.
Mrs. Sonsteby stated that a part of the property would be used for a church. She hasn't
approached any particular church yet, but noted that it will be Protestant. Mrs. Sonsteby
felt that with Good Value proposing 8-plexes to the south of this property, a mobile home
park going in to the north, having a cemetery there would be very peaceful.
Chairperson Bosell noted that our ordinance does not get very specific about cemeteries; she
felt that they are perhaps governed by the State. She also noted that the only cemeteries
in the city are the one at the Constance Church, where only members of the church can be
buried, and the Staples Cemetery, which is an historical site. It's something we don't have
but we do need.
Commissioner Kishel noted that the property is close to the sewer and didn't know if a
cemetery would be the best use for serviced property.
c=)airperson Bosell noted that that section is proposed to be serviced by the CAB Interceptor
not the Coon Rapids Interceptor. She noted again that the ordinance allows it by Special
Use Permit. A public Hearing could be required and the surrounding neighbors would be notified
Planning and
May 12, 1981
Page 2
(\ "
Zoning ~issic~1eeting
- Minutes
o
o
(Rosella Sonsteby Discussion, Cant.)
'f the hearing. The City of Anoka would have to be notified but she didn't know if the Anoka
~~sidents within 350 feet of the cemetery would have to be notified. She noted that she
didn't have any problems with the cemetery as long as it's properly planned.
Commissioner Apel couldn't see any problems with it, as well as Commissioner Johnson.
Mrs. Sonsteby asked if she platted this property into 2! acre lots rather than put a cemetery
in, if she would have to give land or money for a park. (It was noted that park dedication
would be required.)
Chairperson Bosell informed Mrs. Sonsteby that 2! acre plats are not allowed in the Metro-
politan Urban Service Area. Mrs. Sonsteby stated that because of the amount of low land in
the area, smaller lots would not be feasible. She felt that she is not being treated fairly.
Harvey Fisk Variance (Comm. #4-81-4)
Harvey Fisk, 16444 Argon Street N.W. - Stated that he purchased this lot a couple of years ago
at which time a 75 foot setback was approved. He designed the house he wants to build on that
lot according to that setback. The river bank is a 40 foot drop; no one would be able to see
the house from the river. Mr. Fisk stated that he was never notified when the Scenic River
Ordinance was in the planning stages and felt that some attempt should have been made to notify
him. Chairperson Bosell noted that at that time, the lot was owned by Derril Burger.
Mr. Fisk presented aerial photographs of the property showing where the house would be if he
had to follow the 150 foot setback from the river. The house would be in the middle of pine
trees, which he does not want. He noted that the Department of Natural Resources approved a
110 foot setback from the river, which was a verbal comment, not written.
Chairperson Bosell noted that she spoke to Dave Leuthe of the DNR today and he stated that
because the variance would be caused by the applicant and not the property, they would not
approve the variance. She noted that this variance must be submitted to the DNR for their
review.
Chairperson Bosell noted that Ordinance 52 states, "The purpose of the ordinance is to regu-
late the setback of structures from blufflines and shorelines to protect the existing and/or
natural scenic values, vegetation, soils, water quality, floodplain areas, and bedrock from
disruption by man-made structures or facilities."
Commissioner Apel noted that we are allowing the DNR to dictate to us. He felt that a hard-
ship is being created for Mr. Fisk.
Chairperson Bosell stated that she was having a hard time trying to find a hardship as Mr.
Fisk has other areas on his lot where he could build. Mr. Fisk noted that he does not want
to change his house plans.
Commissioner Scherer stated that after seeing the house plans, he did not think Mr. Fisk could
build that house and not be able to see it from the river.
Commissioner Lobb noted that he would like to hear what the DNR has to say.
MOTION by Lobb, seconded by Kishel that the Andover Planning and Zoning Commission recommend
F ~ the City Council denial of a variance requested by Harvey Fisk to change the setback from
~~O feet to 115 feet on the property described as Lot 7, Block 1, Rum River Forest, for the
following reasons: 1) It does not meet any of the criteria as set forth in Ordinance 52,
Section 10.03.01; 2) The denial will not adversely affect the existing or potential use of
Planning and
May 12, 1981
Page 3
Z ' (), ,(j ,
onl.ng l._."ml.SSl.o~,'1eetl.ng
- Minutes
()
u
(Harvey Fisk Variance, Continued)
,---,
; le land.
'----/
Vote on motion: 5 yes; 1 abstain (Commissioner Johnson abstained as he did not have the
material for this item.) Motion carried on a 5 yes, 1 abstain vote. The clerk was asked
to send this variance with the Planning Commission's recommendation to David Leuthe of the
DNR as soon as possible. This will go to the City Council on June 2, 1981.
Harvey Fisk Variance (Comm. #4-81-5)
Harvey Fisk, 16444 Argon Street N.W. - stated that he bought two lots on the Rum River three
years ago with the intention of building on them; he has since changed his mind and would like
to sell them. He wants them to be approved as a building site with a setback from the river
of 100 feet. There are approximately 52 homes in the area now and they do not comply with the
setback as set forth in the Scenic River Ordinance.
Chairperson Bosell noted that when she spoke to David Leuthe, he stated that they are not
concerned with the area of the lot. She noted that Mr. Fisk needs to meet 60 percent of the
width requirements. She asked Mr. Fisk if he intended on selling these lots as one parcel.
Mr. Fisk noted he intended to. Chairperson Bosell noted that he meets the minimum size
requirements; the width requirement is 300 feet, which he doesn't have, but he does not own
the adjoining property so he can't meet that requirement. The building setback from the river
is 150 feet which would leave him 2.94 feet to build a house on. Mr. Leuthe said that as long
as the property is sold as one parcel, they would have no trouble with varying from the set-
back because the area is built up. They would certify a 100 foot setback from the river.
Commissioner Scherer felt that a 125 foot setback would still allow room to build a house.
Commissioner Kishel stated that he would be comfortable with a setback the same as the houses
on either side of this property.
Mr. Fisk noted that on a map he obtained of the area, an access is shown and he would like to
have that stricken. Commissioner Scherer noted that it would be unsuitable for an access
because of the grade.
MOTION by Scherer, seconded by Lobb that the Andover Planning and Zoning Commission recommend
to the City Council approval of a variance requested by Harvey Fisk on the property described
as follows: PARCEL A - That part of Government Lot 5, Section 12, Township 32, Range 25, Anoka
County, Minnesota, described as follows: Commencing at the southeast corner of Government Lot
5 thence West along the South line of said Government Lot 5 a distance of 376.97 feet to the
point of beginning; thence North at right angles to said South line of Government Lot 5 a
distance of 100.00 feet; thence West on a line parallel with the South line of said Government
Lot 5 a distance of 240 feet, more or less, to the East shore of the Rum River; thence southerly
along the East shore of the Rum River to the South line of said Government Lot 5; thence East
along the South line of said Government Lot 5 to the point of beginning. Subject to an easement
for road purposes over the East 33 feet thereof and subject to other easements of record, if any.
PARCEL B - That part of Government Lot 8, Section 13, Township 32, Range 25, Anoka County,
Minnesota, described as follows: Beginning at a point on the North line of said Government Lot
8, said point being 376.97 feet west of the southeast corner of Government Lot 5, Section 12
in said Township and Range; thence South at right angles to the North line of said Government
Lot 8 a distance of 100.00 feet; thence West on a line parallel with the North line of said
<'overnment Lot 8 a distance of 270 feet, more or less, to the East shore of the Rum River to
( \~ North line of said Government Lot 8; thence East along said North line of Government Lot 8
t6 the point of beginning. Subject to an easement for road purposes over the East 33 feet
Planning and
May 12, 1981
Page 4
/\ ,-,
Z . ;, J. .r) ,
on:Lng c~..illI:LSS:Lo:'~,'1eet:Lng
- Minutes
()
u
(Harvey Fisk Variance, Cant.)
.,r",
'--nereof and subject to other easements of record, if any.
The reason for the variance is to allow the building setback to be 100 feet from the river
rather than 150 feet as stated in Ordinance 52. Reasons for approval are: 1) Ordinance 52,
Section 10.03.01 allows for a variance on the basis of hardship and to deny this would result
in denying the use of the lot for building purposes and that would present a hardship; 2) There
was no public opposition at the meeting; 3) It does not deviate from the spirit of the
Comprehensive Plan; 4) The two lots must be combined and sold as one parcel; 5) It complies
with Ordinance 52, Section 5.02.03, inasmuch as it meets 60 percent of the lot width standards.
Motion carried unanimously. This will go to the City Council on June 2, 1981. The clerk was
asked to send this variance to the DNR along with the previous variance.
(Recess 8:55 - Reconvene 9:10)
William C. Rademacher Variance (Comm. #5-81-1)
Wayne Anderson, 1018 Main Street, Minneapolis, representing Wm. C. Rademacher - Stated that
they hired an architectural firm to continue this project. The firm they hired has done 250
shopping centers of this type and are well known. As designed, the loading dock is 40 feet
from the lot line; the back of the building has been designed to allow for any kind of traffic.
They don't feel that by having the loading dock 40 feet from the lot line anyone will be
bothered because the drainage pond is the nearest neighbor.
Commissioner Kishel asked if there would be some kind of buffer between the loading dock and
Good Value's property. Mr. Anderson noted there will be trees, shrubs, etc.
Discussion centered on the location of the City's pumphouse in relation to the loading dock.
Engineer Winner noted that the pumphouse is just to the east of the loading dock.
MOTION by Apel, seconded by Lobb that the Andover Planning and Zoning commission recommend to
the City Council approval of a variance requested by Wm. C. Rademacher on the property
described as Lot 1, Block 2, Andover Community Shopping Center, to construct a loading dock
40 feet from the lot line rather than the required 50 feet for the following reasons: 1) It
is directly across from a pumphouse and ponding area that although zoned residential, will not
be developed as such. Therefore, it will not cause any detriment to the planning of the area
in question and it makes good sense for the Shopping Center development to have the dock in
that area; 2) There was no public opposition at the meeting.
Motion carried unanimously. This will go to the City Council on June 2, 1981.
William C. Rademacher Variance (Comm. #5-81-2)
Wayne Anderson, 1018 Main Street, Minneapolis - Stated they have changed the design of the
parking lot so that the parking spaces are parallel with the stores. The parking spaces are
10'x20' which is the ordinance requirement. They would like to have 5.5 spaces per 1,000 square
feet of building area rather than the ordinance requirement of 6.6.
Engineer Winner stated that if a restaurant is put in the shopping center, that will require
more parking spaces as the requirements are 1 space for each 3 seats based on capacity design.
/--~. Anderson noted that they plan their restaurants on separate parcels rather then in the
~~hopping center area.
Commissioner Scherer felt that Phase II of the Shopping Center is lacking in parking space.
Planning and Zoning (~missi~-~1eeting
May 12, 1981 - Minutc~J ~
Page 5
o
u
(WID. C. Rademacher Variance, Cont.)
_Mr. Anderson stated that the main thing they want to do with this project is to do it in good
, lste. The way they have shown the parking is better for traffic flow and traffic control.
'--
MOTION by Kishel, seconded by Johnson that the Andover Planning and Zoning Commission recommend
to the City Council approval of a variance requested by WID. C. Rademacher varying from Ordinance
8, Section 8.08, Parking Requirements for a Retail Store, granting permission for the owner to
develop his Community Shopping Center with 5.5 parking spaces per 1,000 square feet of building
area instead of 1 space per 150 square feet, for the following reasons: 1) the plan has been
designed by a highly recognized architectural firm that has developed 250 such shopping centers
and they state that the national criteria for parking spaces now has become 5.5 spaces per
1,000 square feet of building area; 2) by not allowing the variance the property would not be
able to be designed with the traffic flow such that the lanes in front of the stores would be
free flowing so that it would allow for better emergency access to the shopping center build-
ing; 3) it will not adversely affect the existing or potential use of the adjacent land; 4)
it is in conformance with the Comprehensive Plan; 5) it allows reasonable use of the land;
6) the size of the parking spaces is compliant with the ordinance; 7) the design is asthetically
superior to the type they had previously.
Motion carried unanimously. This will go to the City Council on June 2, 1981.
Darrell Bowen Variance (Comm. #5-81-4)
Darrell Bowen, 260 Constance Boulevard - stated that he would like to build a detached garage
closer to his front property line than his house. He does not want to attach the garage to
his house as he would have to cut down some big trees.
Commissioner Scherer noted that if the garage were built to the north of his home, the water
would drain into the garage as that is where it drains now. He also noted that the house can-
not be seen from the road as it is 1300 feet off Constance Boulevard.
MOTION by Johnson, seconded by Apel that the Andover Planning and Zoning Commission recommend
to the City Council approval of a variance requested by Darrell Bowen to place a garage forward
of his house at 260 Constance Boulevard for the following reasons: 1) A hardship is created
due to the topography, i.e., a drainage problem prevents him from putting his garage in a more
logical place. This would be the most logical position; 2) It will not 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.
Motion carried unanimously. This will go to the City Council June 2, 1981.
Multiple Conversion Ordinance (Comm.#8-80-l2)
This item will be continued to May 26, 1981.
Also on the May 26th agenda, will be a discussion on mixed uses in single family residential
areas.
Amendment Ordinance 8, Section 7.01 & 7.03
Chairperson
ordinance.
~-'~ relation
,~J
Commissioner Johnson stated
Bosell noted that the City Council will hold a public hearing on the liquor
They want the Planning Commission to look at implementing the liquor issue
to Ordinance 8.
that this whole liquor thing has been railroaded in from the
Planning and
May 12, 1981
Page 6
.' ) -~
Z . 'c ' ,(} ,
on~ng umm~ss~o,.-,'1eet~ng
- Minutes
~\
CJ
(j
(Amendment Ord. 8, 7.01 & 7.03, Cont.)
r '}
'-~eginning and he resents it. He didn't feel the Planning Commission should be asked to do
something they have no information on.
Commissioner Apel noted that if they are going to modify the ordinance, they should be able to
see the liquor ordinance.
Commissioner Johnson asked that some sort of memorandum be sent to the City Council noting
his feelings and those of the rest of the Commission.
MOTION by Scherer, seconded
the City Council that since
they reluctantly decline to
by Lobb that the Andover Planning and Zoning Commission inform
they do not have any information pertaining to the liquor ordinance,
deal with the liquor ordinance or anything related to it.
Motion carried unanimously.
This will be sent to the City Council as soon as possible.
Amendment Ordinance 8, Section 4.03 (Comm. #5-81-3)
Inasmuch as the Commissioners did not know what the City Council expected on this item, it
will be continued to May 26, 1981.
Coon Rapids Comprehensive Plan, Continued
Commissioner Apel reported on their Land Use Plan. He noted that along our
Coon Rapids has parks, open spaces and an area proposed for industrial use.
area is the only thing that the city would be concerned with.
southern border,
This industrial
Commissioner Scherer reported on the Housing Plan. He stated that they have a lot of policies
included in the plan regarding housing. They have very specific goals for their housing.
Commissioner Johnson reported on the Implementation Plan. He stated that they are very
specific about street projects; they had dates, costs, etc. One item of interest is that
20 story buildings will be allowed in August 1982.
Commissioner Lobb reported on the Sewer Policy Plan. He noted that no urban development is
allowed unless sanitary sewer is available. Their minimum lot size for an on-sight sewer
system is 5 acres.
MOTION by Lobb, seconded by Johnson to adjourn. Motion carried unanimously. Meeting adjourned
at 10:46 P.M.
Respectfully submitted,
LLU
Vicki Volk, Commission Clerk
\
'-