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HomeMy WebLinkAboutMay 26, 1981 o Call to order o o o 0 e<<, 01 ANDOVER REGULAR PLANNING AND ZONING COMMISSION MEETING MAY 26, 1981 7:30 P.M. Approval of minutes - May 12, 1981 l. Comm. #3-81-5 2. Comm. #5-81-7 3. Comm. #8-80-12 4. Comm. #5-81-3 5. Comm. #5-81-6 6. Comm. #5-81-8 7. o Frank Padula Rezoning Public Hearing, Continued Gary Gulden Variance Multiple Conversion Ordinance Ordinance 8, Sec. 4.03, Non-Conforming Uses Mixed Uses in Single Family Residential Areas Ordinance 8, Section 4.05, Accessory Buildings Agricultural Preserve Report - Commissioner Anstett \ , - o o o 0 e<<, 01 ANDOVER o o o REGULAR PLANNING AND ZONING COMMISSION MEETING MAY 26, 1981 MINUTES The Regularly Scheduled Andover Planning and Zoning Commission meeting was called to order by Chairperson d'Arcy Bosell at 7:35 P.M., Tuesday, May 26, 1981 at the Andover City Hall, 1685 Crosstown Boulevard N.W., Anoka, Minnesota. Commissioners Present: Apel, Kishel, Scherer, Anstett, Lobb Commissioners Absent: Johnson ~ Also Present: City Engineer, Larry Winner; Frank Padula; Gary Gulden; interested residents Approval of Minutes May 12, 1981 MOTION by Kishel, seconded by Lobb to approve the minutes of May 12, 1981 as written. Motion carried on a 5 yes, 1 present (Anstett) vote. Frank Padula Rezoning Public Hearing (Comm. #3-81-5) Chairperson Bosell reopened the public hearing. Frank Padula, 4550 - 173rd Avenue N.W. - stated that he is requesting the rezoning to enable him to build a Polish style restaurant. He felt that this restaurant will encourage growth, create an added tax base, create construction jobs and permanent employment for the residents of the city. Mr. padula presented an aerial photograph of the property. The restaurant will be in the lower area of the land which will block the view of the neighbor's houses. He would also like to build up the hill so that the parking area will not be visible from 173rd Avenue. The porch will be to the east; the kitchen will be facing north with no windows; there will be no bar. He stated that this will not be a beer joint. He also stated that he will be putting $300,000.00 into the community by building this restaurant. This will be the only ethnic Polish restaurant in the area. It will be something the area can be proud.!. of. Mr. Padula noted that the County would have never widened 7th Avenue if they thought there were going to be a lot of accidents. Mr. padula noted that he participates in quite a few community projects and was very active in Columbia Heights where he was in business. Lester Gubbin, 17260 Roanoke Street N.W. - Asked how far back from 7th Avenue the building would be. Mr. Padula stated it will be 350'-400' back from the road. Mr. Gubbin questioned whether there would be a drainfield. Mr. padula noted that he will have to talk to the City Engineer to see what kind of septic system would be required. Mr. Gubbin noted that the parking comes out pretty close to the highway. Mr. padula noted that they further noted that he went felt about the restaurant. this community is going to are planning some greenery coming out of the parking lot. He around the city with a petition to take a sampling of how people He stated that he had extremely good reception. He stated that grow, we have to go along with some changes. if Lloyd Reimann, 2813 - 142nd Avenue N.W. - noted that in his area there are apartment houses, four-plexes and single family homes. If you have one person on welfare in the area, you are c=)t getting any tax base. Feels that the restaurant is a good idea. Bruce Perry, 17337 Roanoke Street N.W. - lives two houses north of the proposed site. Asked Mr. Padula where all of the people are going to come from. Mr. padula felt that an authentic Polish restaurant such as this would draw people from allover. Planning and May 26, 1981 Page 2 ,-) V Zoning Commission Meeting - Minutes o o { -..J o o r- "ula Rezoning, Cant.) '-./ Mr. Perry noted that the ordinance defines Neighborhood Business as uses for retail sales and services in such scale as to serve the surrounding neighborhood needs. He would rather have the property zoned Shopping Center. Chairperson Bosell stated that if it were zoned Shopping Center instead of Neighborhood Business, it opens up a whole new thing. Neighborhood Business is very limited as to what can go in; it protects the neighborhood from becoming a large commercial thing. Mr. padula stated that if the Tom Thumb store relied on the 50 or so houses in the area for business, they would go broke. He didn't think any business could strictly rely on the people in the neighborhood for business. Jan Sturgeon, 17307 Roanoke Street N.W. - noted that everyone in the area will be dead and buried before Mr. Padula's trees grow big enough to be a barrier. Chairperson Bosell stated that according to the criteria of the ordinance, Mr. Padula is required to put in an earth berm and shrubbery that will be immediately effective. Willard Maki, 4639 - 175th Avenue N.W. - asked what hours the restaurant would be open. Mr. padula stated that he has not given that any consideration as yet; however, he did not plan to have it open 24 hours a day. Mike Knight, 4622 - 175th Avenue N.W. - Stated that at a previous meeting on this item, he got the impression that the entire Planning Commission was in favor of the restaurant. He further stated that no one is naive enough to believe this will not be a liquor establishment in the future. No one is going to drive out this far and not be able to have a drink with their dinner. Mr. padula's house is the most remote from the restaurant site and he will be the least bothered by the traffic. He also stated that a petition from the neighborhood should have more effect than one from people elsewhere in the city. Bruce Perry - stated that he did not receive a notice of public hearing and he lives within 350' of the site. Al Jedneak, 17105 Navajo Street N.W. - Stated that if the building was only one story high, he might be for the rezoning. He then asked Chairperson Bosell if she was related to Mr. Padula or had known him before as he felt she was really supporting the rezoning. Chairperson Bosell stated no to both questions. Mr. padula noted that the building is actually two stories, 28 feet high. The only difference between this and a house is that the restaurant roof has a 12/12 pitch. Mr. Jedneak - asked if anyone had looked at the entrance to determine how many cars will be pulling out at one time. Ed Fields, 15421 Round Lake Boulevard - stated that 7th Avenue was approved by the State and Federal Highway people, otherwise it would not have been built. Jan Sturgeon - noted that they live on the top of the hill and she has to wait several minutes in the morning to pullout of the driveway because of the number of cars using 7th Avenue. ~~-\Padula - stated that he had checked the traffic count on 7th Avenue; in 1978 it was 1450 ~afs per day and in 1980 it was 2,199. Richard Wandersee, 17315 Navajo Street N.W. - felt that this is an example of spot zoning. Plarciing ai1d May 26, 1981 Page 3 n ("" :') , Z"--..r1g Co"----"ss~or'_J'et~ng - Minutes u o o (P~dula Rezoning, Cont.) \ ) Mr. padula stated that if the that we need something in the area would not remain rural. it to a house and live in it. city doesn't allow spot zoning, it's never going to grow. He felt community to be proud of. If he put in a housing development, the If the restaurant should fail, Mr. Padula noted he would convert LaVonna Newstrom, 17365 Navajo Street N.W. - stated that Mr. Padula said the restaurant would blend in with the existing homes. She sells real estate and has never seen a house that looks like Mr. padula's sketch. Mr. padula stated that he lives in the area, owns the land and would like to see the rezoning approved. He then presented the petition he referred to earlier. Commissioner Apel - stated that his position is the same as it was 2 meetings ago. No matter what the city tries to do, the people always go against change. We have to realize a person has certain property rights. Stated that if he had to make a decision right now, he personally would have to go along with the neighbors. Commissioner Kishel - stated that he looks at this as a benefit to the overall city and the immediate neighbors are historically opposed to any improvements or changes. People move to the country and believe it's going to stay country. Commissioner Scherer did not wish to comment at this time. Commissioner Anstett - noted that Mr. Padula has a good idea, but she has some concerns about the use of our rural areas. Commissioner Lobb - stated that he has been listening to the people and looking through the ordinances. Mr. Padula does meet the criteria of the ordinances. The berm is going to do a good job of making sure the neighbors ddn't see the restaurant. The design seems to be ethnic. Mr. Padula is willing to spend a lot of money and he should be able to do what he wants with his property. It does not seem to conflict with the health, safety and welfare of the residents. He noted that any change is hard to accept. He also noted that 7th Avenue is one of the best roads in the county. Chairperson Bosell asked the City Engineer if he saw any problems with the site plan. Engineer Winner - stated there were no major problems. number of cars pulling in and out at the same time. He distance between the driveway and l75th Avenue. Most restaurants don't have a great also noted that there is adequate Lester Gubbin - asked what Mr. Padula planned to do about advertising. Mr. Padula stated that he will not have any big signs. Mr. padula told Commissioner Anstett that he didn't think he could keep that area much more rural. He noted that if he put houses in, it would not be rural. He is trying to do something that will keep the rural atmosphere. Commissioner Anstett - asked if Mr. Padula had looked at any other locations that would be suitable for a restaurant. Mr. Padula stated that he bought this particular property to c'l^velop. U Bruce Perry - asked how this restaurant fits the definition of a neighborhood business. Commissioner Apel - stated that he didn't think we can take the ordinance as it's written because Planning and May 26, 1981 Page 4 r-..... t' " r ", ~ /ng C~ssio~=eting Minutes o o u (Padula Rezoning, cant.) ~)re are a lot of activities that can be construed as a neighborhood business. What is not specifically excluded is always a possibility. Commissioner Anstett - noted that looking at permitted uses, this would fit in a recreational zone. Commissioner Lobb - felt that Neighborhood Business is the best zoning for what Mr. Padula is proposing. Mr. padula - stated that he looked at the ordinances and felt Neighborhood Business would be the best zoning. He further stated that nobody likes changes but yet, we are going to have to change. The land will be developed in some way. He noted that he would like to keep it in a rural setting as long as possible. Mike Knight - stated that the Planning Commission has got to consider the people in the neighbor- hood when they make a decision. Commissioner Kishel - stated that he represents the City of Andover as a whole and has to con- sider the feelings of all of the people, not just a few. Commissioner Apel - noted that the Planning Commission does not make the final decision; that is up to the City Council. The Planning Commission merely interprets the ordinances. Chairperson Bosell - stated that the City Council does read the Planning Commission minutes so they know the concerns of the neighbors. Regardless of what the Commission does on this item, the people still have the opportunity to come to the City Council meeting to voice their objec- tions and they can call each Councilman to let them know how they feel. Allan Michels, 17130 Roanoke Street N.W. - asked where this item goes after the Planning Commission. Chairperson Bosell stated that if this item is dealt with tonight, it will go to the City Council on June 16th. Dave Biorn, 4549 - l75th Avenue N.W. - Asked how many more accesses the city was planning to put on 7th Avenue. Chairperson Bosell stated that the county allows one access every 330 feet. Depending on what happens, we could have driveways every 330 feet all the way down 7th Avenue. (Recess 9:05 - Reconvene 9:17) Gary Larson, 17170 Navajo Street N.W. - stated that the most compatible thing for this property would be single family homes. He felt that if this property is rezoned, it would be considered spot zoning. Commissioner Apel - felt this would not be spot zoning because the Commission is trying to make the best use of the land. MOTION by Kishel, seconded by Lobb to close the public hearing. Motion carried unanimously. Commissioner Apel - stated that he probably has the strongest feelings about not letting Mr. Padula build his restaurant but that is just his personal feeling. He noted that our ordinance does allow a restaurant in a Neighborhood Business. Further checking, he finds that Mr. r 'ula does meet our ordinances for complying with the rezoning requirements. U MOTION by Apel, seconded by Kishel that the Andover Planning and Zoning Commission recommend to the City Council approval of the rezoning request of Frank Padula to have the property described as "That part of the Northwest 1/4 of the Northwest 1/4 of Section 7, Township 32, Range 24, Planning a:nd May 26, 1981 Page 5 n f\..' '1 , Z,--,ng C(;Jss~o; '-../~et~ng - Minutes (-) o u (Padula Rezoning, Cont.) /-\ }~ka County, Minnesota described as follows: Commencing at a point on the West line of said Northwest 1/4 of the Northwest 1/4 a distance of 660 feet North of the Southwest corner of said Northwest 1/4 of the Northwest 1/4 as measured along sais West line; fuence East and parallel with the South line of said Northwest 1/4 of the Northwest 1/4 a distance of 495 feet; thence North and parallel with said West line a distance of 200 feet; thence West and parallel with said South line a distance of 147.09 feet; thence North and parallel with said West line a distance of 451.21 feet to the North line of said Northwest 1/4 of the Northwest 1/4; thence west along said North line a distance of 347.91 feet, more or less, to the Northwest corner of said Northwest 1/4 of the Northwest 1/4; thence South along the West line of said Northwest 1/4 of the Northwest 1/4 a distance of 651.28 feet, more or less, to the point of commencement. Containing 5 acres, more or less, not including roads. Subject to easements for road purposes over the West 33 feet thereof and over all that part thereof lying Northerly of a line drawn parallel with and 33 feet southerly of the centerline, l73rd Avenue as now laid out and constructed.", rezoned to Neighbor- hood Business for the following reasons: 1) He does meet all the basic criteria as far as land, setback, etc.; 2) After much discussion, it does not significantly affect in any way the health, welfare or morals of the neighborhood; 3) It would appear that this particular use of the land, because of the way he has presented it would indeed, contrary to the neighborhood, be a use that would very well preserve the area and be very compatible with the rural type setting the neighborhood no~ enjoys; 4) Prior to the City Council issuing a permit for the restaurant, the traffic patter~gnc~ again be looked at to see if anything can be done to improve it; 5) There was vociferous, clamorous opposition by the neighborhood to the restaurant; 6) The site is adjacent to a well traveled thoroughfare; and it is in keeping with our Comprehensive Plan because part of the Comprehensive Plan is the total overall development of the City; 7) He has properly applied for a rezoning and has submitted a plot plan; 8) A public hearing was held; 9) Mr. Padula brought forth a petition in support of the restaurant. Chairperson Bosell noted that the County would have to approve the plan for the driveway. LaVonna Newstrom - asked what happened to the feasibility study that was requested at the previous meeting on this item. Chairperson Bosell stated that she was in error asking for the study; it is only required for a Shopping Center, not a Neighborhood Business. Mrs. Newstrom - asked if Commissioner Johnson would have anything to say about this item as he is not present this evening. (No) Vote on motion: padula's idea for part of the city) Yes - Apel, Kishel, Scherer, Lobb, Bosell; No - Anstett (Stated that Mr. a restaurant is a good one; however, she is against rezoning that particular This will go to the City Council on June 16, 1981. (Commissioner Scherer left the meeting at this time) Gary Gulden Variance (Comm. #5-81-7) Gary Gulden, 17916 Bluebird Street N.W. - stated that he is proposing to build a small pole building between his house and Bluebird Street. The reason he needs a variance is because most of his land is a peat bog and unsuitable for building. The house is on the highest point of the land. The pole building will be more than 100 feet back from the road. He also noted that there are already several pole buildings on Bluebird Street. His building will be '--":k brown. V Commissioner Apel felt that his land is creating a hardship. Chairperson Bosell noted that she checked the wetlands map and the property does show up as Planning and May 26, 1981 Page 6 r~-'2 j- 2 r " I \ ,( I , ZL_ ng Co,,_.. ss~on -_.eet~ng - Minutes . '\ <_J u o (Gary Gulden Variance, Cont) :~ ) swamp land in the back. The front part on the street is low and all birch and brush. MOTION by Anstett, seconded by Kishel that the Andover Planning and Zoning Commission recommend to the City Council approval of a variance requested by Gary Gulden to build a pole building closer to his front property line than the principal structure at 17916 Bluebird Street N.W., for the following reasons: 1) A hardship is created due to the topography, the back part of the property being marsh land and in the DNR Wetlands and the front part being low. 2) That granting this variance will not adversely affect the existing or potential use of adjacent lands; it would be in harmony with their use; 3) It is in conformance with the Comprehensive Plan; 4) It is necessary to the reasonable use of the land; 5) It meets the criteria of Ordinance 8, Section 5.04. Motion carried unanimously. This will go to the City Council on June 16, 1981. Agricultural Preserve District Report Commissioner Anstett stated that according to Jim Schoettler of the Metropolitan Council, the following is the procedure for establishing agricultural preserve: The city and the landowner must determine which land is to be set aside for ag preserve. The city must amend the Compre- hensive Plan, using the Metropolitan Council's new guidelines, to show the use of the land. This has to include a revised land use map and a statement explaining the use. The city must then submit the amended plan to the Met Council, which they will review and approve. The City Council then adopts the amendment. The identified land is then rezoned. The City Council then adopts a resolution certifying the eligibility of the land. This is allowing the city to interpret its own plan. The farm owners sign up on the appropriate forms. Copies are sent to 5 places, including the County and Metropolitan Council. Through these copies, the County will assess the property and send the information to the State to enable the State to.reimburse the City Should there be a difference. Commissioner Anstett would like to have everyone show on the map where their property is that they would like to have put in ag preserve. The County Assessor feels that Green Acres classifi- cation would be the same as that used for ag preserve. The tax base would be the same. Discussion was on whether or not the farmers should show what they are growing on their land. It was noted that the City cannot ask the farmers if they are even farming their land. Dick Swanson, County Extension Agent - Stated that no one is going to put land in ag preserve for 8 years that they're not making any money on. Stan Knoll, 15709 Round Lake Boulevard - Noted that the property would stay in ag preserve until they requested to change it. Ed Fields, 15421 Round Lake Boulevard - Stated there are two things in this world that we should be concerned with - food and energy. They're asking to protect the business that they have. He looks at ag preserve as a protection so he can farm like he has been doing for the last 35 years. He also noted that he has the biggest payroll in the city of Andover. He stated that the biggest problem they run into is the people that move out from the city. They complain about dirt blowing when they plow the fields. Mr. Fields doesn't think development of residential property should be our number one goal. Every home that is built costs us more money. (~irperson Bosell asked Mr. Fields how many acres he would put in ag preserve. Mr. Fields s~ated that he has 300 acres. Stan Knoll noted that ag preserve gives them a little more protection. . . Planni'ng and May 26, 1981 Page 7 !'-, O. ./-' \ , Z,--"ng C Ss~Ol, .r'et~ng - Minutes ~ :J I, , o ,.- '') U (Ag Preserve, Cant.) (r, ~ ~k Swanson noted that there are some properties along 7th Avenue that would qualify for ag preserve, such as the turkey farm. Chairperson Bosell also noted that there are some sod farms in the northeast part of the city that would qualify. She also noted that the City wants the City Hall site to become the city center and there are some properties along Crosstown Boulevard that could be put in ag preserve which would restrict the extension of the sewer up to City Hall. Ed Fields noted that he has some property that is wooded that he would like included. Stan Knoll - has some parcels that are only 19 or 20 acres that are a part of a larger farm that he would like to have included. Chairperson Bosell - stated that the Planning Commission has to look at what we want to do as a city as to ag preserve. She then asked the City Engineer when we would be getting services to City Hall. Engineer Winner noted that he would have to check the proposed plans. Dick Swanson asked if the City has any projected population figures. Commissioner Lobb noted that with the economy the way it is, those figures wouldn't be good any more. Mr. Swanson asked the Commission if the people with their property in Green Acres should be notified about the ag preserve. Chairperson Bosell noted that the Engineer should get the population figures and the plans for the sewer extension to City Hall. Commissioner Anstett noted that she will obtain from the Metropolitan Council the amendments that Dayton and Independence have submitted for their Comprehensive Plans. June 30th at 7:00 was the date set for a tour of the farming operations in the city. The City Council will be invited to attend. Everyone will meet at Ed Fields' farm and go by bus from there. At this. time, Richard Wandersee, 17315 Navajo Street and Bob Protovinsky, 17325 Navajo Street asked the Commission some questions regarding Mr. padula's rezoning. MUltiple Conversion Ordinance (Corom. #8-80-12) Discussion was on what should be included in an ordinance or if we should have one at all. There are several double bungalows in the city ,that already have two owners. It was decided that Commissioner Apel would draft an ordinance for the next meeting. This will be continued to June 9, 1981. Ordinance 8, Section 4.03, Non-Conforming Uses (Comm. #5-81-3) As the Commission was unsure as to what the City Council wants done on this item, the following memo will be sent to the Council. "We have received a referral from the City Council to look at the Non-Conforming Uses section of Ordinance 8, but are uncertain as to what you want us to do - do we make an accounting of all non-conforming uses in the city or write an amendment to the ordinance to make them, after a certain time period, illegal and eligible for citation". This will be sent to the City Council on June 2, 1981. !-~ed Uses in Single Family Residential Areas (Comm. #5-81-6) '---~ Continued to June 9, 1981 ". ' r-, / \ r-, ~ng Co. Jssioi...-,.~eting - Minutes o u u Planning and May 26, 1981 Page 8 Ordinance 8, Section 4.05, Accessory Buildings (Comm. #5-81-8) r' '\ "-_.1.s will be continued to June 9, 1981. MOTION by Lobb, seconded by Anstett to adjourn. Motion carried unanimously. Meeting adjourned at 11:22 P.M. Respectfully submitted, LL' I.4J vicki Volk, Commission Secretary ,'-, -.'