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HomeMy WebLinkAboutJune 9, 1981 o o Call to order Approval of minutes 1- Cormn. #3-81-1 2. Cormn. #5-81-9 3. Cormn. #8-80-12 4. Cormn. #5-81-6 5. Cormn. #5-81-8 o o 0 ~ 01 ANDOVER REGULAR PLANNING AND ZONING COMMISSION MEETING JUNE 9, 1981 7:30 P.M. Creekside Preliminary Plat Public Hearing o Northern Natural Gas Special Use Permit Public Hearing Multiple Conversion Ordinance Mixed Uses in Single Family Residential Areas Ordinance 8, Section 4.05, Accessory Buildings o o 0 ~ 01 ANDOVER o o REGULAR PLANNING AND ZONING COMMISSION MEETING JUNE 9, 1981 MINUTES 4}~Ca ~ The Regularly Scheduled Andover Planning and zoning Acting Chairman Ralph Kishel at 7:31 P.M., Tuesday, 1685 Crosstown Boulevard N.W., Anoka, Minnesota. Commission meeting was called to order by June 9, 1981 at the Andover City Hall, Commissioners Present: Apel, Anstett, Scherer, Johnson, Lobb Commissioners Absent: Bosell Also Present: City Engineer, Larry Winner; Dick Hand; interested residents Approval of Minutes May 26, 1981 Page 5, item #4 in the motion on Padula should read ......traffic pattern should once again..... Page 7, Paragraph 5, Mr. Swanson's comments should include "Mr. Swanson and Commissioner Anstett will get the names and addresses of those people in the city who have at least 40 acres in Green Acres and send them notification of the agricultural preserve research." MOTION by Lobb, Seconded by Scherer to approve the minutes of May 26, 1981 as corrected. Motion carried on a 5 yes, 1 present (Johnson) vote. Creekside Preliminary Plat Public Hearing (Comm. #3-81-1) Acting Chairman Kishel opened the Public Hearing. City Engineer Winner reviewed his memo regarding the plat, which included the following: l)~Lot 11, Block 2 is a double frontage lot; 2) A variance is required for Lots 1 and 10, Block ,2 which front on C.R. 18; 3) The present zoning of the plat and adjacent property should be corrected from R-l to R-4 and M2 to NB; 4) Lots 10 and 11, Block 2 are more than twice the average lot size of 25,130 square feet; 5) Lots 1, 2 and 10, Block 2 must have a minimum 50 foot setback from C.R. 18 and C.S.A.H. 16; 6) The lot dimensions along the streets for Lots 1, 6, and 8, Block 1 and Lots 2 and 5, Block 2 should be shown; 7) The name of the east-west portion of Crocus Street N.W. should be changed to 137th Lane N.W.; 8) A 30 foot right-of-way must be acquired across city property for Crocus Street N.W.; 9) A location map and the number of linear road miles must be shown; 10) The type of surfacing on the existing streets should be shown; 11) The size of the proposed sanitary sewer shown on the profile should be changed from 9" to 8"; 12) The profile of the proposed storm sewer must be shown; 13) A final grading plan must be submit~ed;14) The source of water supply for the lots should be stated; 15) The type and number of proposed dwelling units should be stated; 16) The Coon Creek flood plain boundary should be shown; 17) A drainage easement is not shown across Lot 11, Block 2 on the northeast side of Coon Creek. Dick Hand, representing Jerry Green, developer of the plat - asked if the double frontage would require a variance. Acting Chairman Kishel stated yes, as it is impossible to have anything other than a double frontage lot. Qngineer Winner noted that Lot 11, Block 2, which is Mr. Green's home, could be noted on the lat as an exception. Mr. Hand stated that Mr. Green does not want it as an exception. He as received a letter from the City Attorney stating that he would not have to pay park dedi- cation fees on that lot. Planning and June 9, 1981 Page 2 . 0, (') . Zon~ng _.illI~SS1._ Meet~ng - Minutes o o (Creekside Preliminary Plat, Cont.) (~mmissioner Lobb noted that Lots 10 and than twice the size of the average lot. 11, Block 2 will require variances as they are more Mr. Hand stated that the Coon Creek Watershed Board has approved the plat. Mr. Green has dedicated a 100 foot drainage easement along Coon Creek. Jim Elling, 13829 Northwood Drive - asked what property is going to be rezoned to Neighborhood Business. Acting Chairman Kishel stated that the property Mr. Elling is referring to is the property across Crosstown Boulevard which is already NB, but is not shown as such on the plat. The plat legend should just be changed. Mr. Elling thought that the property reverted back to its original zoning because nothing has been done with it for two years. He suggested that someone check into this. Commissioner Lobb noted that this has nothing to do with the plat and discussion on it should be dropped. Bill Sironen, 2635 - 138th Avenue N.W. - objected to the replatting of the lots in Northwoods Addition. He stated that rather than having two houses across the street from him, he will have four. He also noted that he bought his pro~erty mainly because it was across the street from property that was already platted. He also stated that there will have to be some patch- ing of the streets when the sewer stubs are put in; his property value will decrease because of the number of houses that are being planned; there will be increased traffic as there are only two outlets from that area onto Crosstown. He felt that the Northwoods part of the plat should remain as is. Mr. Hand noted that the sewer stubs are already in, so there will be no need to tear up the street. (Chairperson Bosell arrived at this time and took charge of the meeting. 7:55 P.M.) Mr. Hand stated that when Northwoods was platted sanitary sewer was not available in that area. Mr. Elling noted that when this plat was originally submitted to the City it was kicked out because of the 85' lots. commissioner Apel stated that the sewer system dictates smaller lots. Chairperson Bosell noted that the property has already been rezoned to R-4, which was done to make it compatible with the rest of the city for when the sewer was available. Tony Emmerich, 2579 South Coon Creek Drive - stated that anybody who built on 40 acres resents someone building on 5 acres today. commissioner Johnson noted that the traffic is really a problem already. The people living in Green Acres all have to come out from these two streets. Chairperson Bosell noted the following items that need to be done on the plat: The corner lots have to be 100'; the rear lot line on Lot 2, Block 2 is shown as 10' (this should be changed to 100'); Lot 10, Block 2 does not show the basement elevation; the address of the developer needs to be included on the plat; if the property is served with natural gas that needs to be shown on the plat; restrictive covenants need to be submitted to City Hall; the " ~ar yard setback lines must be shown; the grading and/or filling that needs to be done must ~~j shown on the plat as shaded. Discussion was on whether a utility easement needs to be shown on the rear lot lines. Engineer Winner did not anticipate that the utility companies would be running the utilities along the Planning and June 9, 1981 Page 3 Z . O. .() . on long ~.,.mloSSloo..-Meetlong - Minutes o o (Creekside Preliminary Plat, Cont.) ,--, '_Jar lot line. Bill Sironen noted that there is power down some of the rear lot lines now. Commissioner Johnson asked if it wouldn't be better planning if the lots on the buffer area were more in conformance with the surrounding area. Chairperson Bosell stated that the area is R-4 and all he is required to plat are 85' lots. If the lots are 13,000 square feet, the Commission would have a hard time denying the plat. Commissioner Johnson asked if there was anything that could be done about the traffic. Chair- person Bosell didn't feel anything could be done because of the creek. She asked if Mr. Green will be doing the plat in stages. Engineer Winner stated that he will be doing the lots along 138th Avenue first and depending on how they sell will determine when he finishes the plat. Chairperson Bosell suggested that Mr. Hand inform Mr. Green of the concerns of the neighborhood regarding the size of the lots along 138th Avenue. Mr. Hand noted that there are only two people from out of 50 in that area at the meeting tonight protesting. This will be continued to June 23, 1981. Northern Natural Gas Special Use Permit (Comm. #5-81-9) Chairperson Bosell noted that Dave Leuthe of the Department of Natural Resources stated that they would have no problem approving this request. As no one from Northern Natural Gas was present this item will be continued to June 23, 1981 and the clerk will notify them that someone must be present at that time. Multiple Conversion Ordinance (Comm. #8-80-12) Commissioner Apel came up with an outline for an ordinance to convert double bungalows into separate units with different owners. Four items covered in the draft included Party Wall Construction, Private Water Facilities, Lot Split Requirements and a Party Wall Agreement. He felt that by having the lot split requirement, the city would have some control over this. Commissioner Kishel felt that there should be a provision in the ordinance for a lot survey either prior to construction or prior to the lot split. Commissioner Johnson questioned whether something should also be mentioned about sewage disposal, such as having two sewer stubs. Chairperson Bosell felt that perhaps it could be a "Y" connection and the two owners could have an agreement where they would share the monthly sewer charge. Kenneth Evans, 13520 Poppy Street N.W. - stated that in his two units. There is a 5/8" fire wall between the garages. restrictions on the lot size as his will be 75' x 100' when double, the garage is between Asked if there would be any it is split. the Chairperson Bosell noted that the Commission would have to address that on an individual basis. (~mmissioner Anstett noted that would have to meet what the Lot if the Lot Split Ordinance is followed, the size of the lot Split Ordinance dictates. Planning and June 9, 1981 Page 4 . ,/\. ,( '\ t' ZonJ.ng CVJ.ssJ.~lee J.ng - Minutes o o (Multiple Conversion Ordinance, Cont.) .- \ '~Jairperson Bosell asked Mr. Evans what he would suggest we put in an ordinance. Mr. Evans stated that there should be a lot survey, two water supplies and two sewer stubs. Chairperson Bosell noted the following items which would be a concern in developing an ordinance: 1) Noise; 2) Lot dimension (should there be different criteria than the lot split ordinance?); 3) They have to be sewered; two stubs or a "Y". Commissioner Scherer felt that there should be a time limit giving these people a certain amount of time to conform to the ordinance. This item will be continued to June 23, 1981. (Recess 9:00 - Reconvene 9:11) Mixed Uses in Single Family Residential Areas (Comm. #5-81-6) Chairperson Bosell noted that this item was brought to the Commission's attention because Dick Hand wanted to put a multiple in a neighborhood where there are already multiples and the neighbors were against it. The City Council wants the Commission to look at areas presently constructed and do we want to allow multiples in them. Commissioner Anstett felt that if the neighborhood is 80% single family homes, we should not allow them. Commissioner Kishel felt that a Special Use Permit is sufficient. Commissioner Apel noted that the problem is that when you're talking about multiples, you're taking about lower cost housing. He thought there was a court decision recently that says you have to allow multiples allover, not just in certain areas. Commissioner Scherer stated that we have to at least look at the laws and reasonable use of the land and respond in a less direct way to the pressure from the residents. Chairperson Bosell noted that at present, our ordinance allows for two family homes by Special Use Permit if the property is served by sanitary sewer. Jim Elling, 13829 Northwood Drive - asked why a Special Use Permit is required and not a variance. Chairperson Bosell noted that a Special Use Permit requires notification and a variance does not. MOTION by Kishel, seconded by Johnson that the Planning and Zoning Commission recommend to the City Council that the issue of a multiple unit in single family residential areas, includ- ing the zero lot line concept be dealt with on a Special Use Permit individually as is already allowed by our ordinance for the following reasons: 1) The property owners in the area within 350 feet of the subject property are notified; 2) A public hearing is held giving all the individuals in the city the opportunity to voice their opinions; 3) The immediate area can be checked by the Planning Commission and City Council to see whether or not the use would be in conformity with the surrounding area. /~tion carried unanimously. This will go to the City Council on July 7, 1981. '-.../ Ordinance 8, Section 4.05, Accessory Buildings (Comm. #5-81-8) This item was brought to the Commission's attention as there have been several complaints that o 0 Planning and Zoning Commission Meeting June 9, 1981 - Minutes Page 5 u o .~'0rd. 8, Sec. 4.05, Cont.) \.J some properties have so many accessory buildings on them they are beginning to look junky. The Building Inspector suggested that accessory buildings be limited to two, unless it's an R-l area or agricultural. Vicki Piper, owns property in Andover but lives in Maple Grove acres on Round Lake Boulevard and understands that she can not she first builds a house. They have had many thefts and would which to store their equipment. stated that she owns 10 build a pole building unless like to have a building in Chairperson Bosell noted that according to the ordinance, an accessory building could be built by getting a Special Use Permit. Chairperson Bosell also noted that we don't have any restrictions regarding the steel sheds that you can by at Sears or Wards because they don't go on permanent foundations. Commissioner Apel felt that the Visual Standards Ordinance should govern this. He asked why the Commission should adopt another ordinance that isn't going to be enforced. Commissioner Scherer felt that we're trying to regulate how people live. Chairperson Bosell asked if someone has a house and a small shed and they come in for a pole building, do we want them to come in for a Special Use Permit. Also, do we want people to come in for a Special Use Permit for a second pole building? Commissioner Scherer stated that if you're talking about small lots, yes; if not, no. Commissioner Anstett felt that accessory buildings in excess of one on lots one acre or smaller be permitted by Special Use Permit only. Commissioner Johnson noted that we should identify the nature of the complaints and then deal with it at the next meeting. This will be continued to June 23, 1981. Chairperson Bosell noted that on the next agenda there is a public hearing to decide which zones in the city should have liquor. She felt that liquor should be tied to a Special Use Permit. She stated that it has already been decided that we will have liquor in the city. We have to amend Ordinance 8 to allow it in certain areas. The clerk will send a letter to Jim Elling, Chairman of the Liquor Study Committee, asking him to be present at the June 23rd meeting. MOTION by Kishel, Seconded by Lobb to adjourn. Motion carried unanimously. Meeting adjourned at 10:25 P.M. Respectfully Submitted, iL.v~ /--\cki Volk, Commission Clerk , \. _/