HomeMy WebLinkAboutAugust 25, 1981
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Call to order
Approval of minutes
1. Comm. #7-81-4
2. Comm. #8-81-1
3. Comm. #8-81-3
4. Comm. #8-81-4
5. Comm. #8-80-12
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REGULAR PLANNING AND ZONING COMMISSION MEETING
AUGUST 25, 1981
7:30 P.M.
Judith Reimann Special Use Permit Public Hearing
Laurie Bonneville Special Use Permit Public Hearing
Phyllis Urbach Variance
John Weins Lot Split
Multiple Conversion Ordinance, Continued
Agricultural Preserve District
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~ 01 ANDOVER
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MEETING ~ ~
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The regularly scheduled Andover Planning and Zoning Commission meeting was called to order by
Chairperson d'Arcy Bosell at 7:34 P.M., Tuesday, August 25, 1981 at the Andover City Hall,
1685 Crosstown Boulevard N.W., Anoka, Minnesota.
REGULAR PLANNING AND ZONING COMMISSION
AUGUST 25, 1981
MINUTES
Commissioners Present: Apel, Kishel, Scherer, Anstett
Commissioners Absent: Johnson, Lobb
Also Present: City Engineer, Larry Winner; Judith Reimann; Laurie Bonneville; John
Zachow; John Weins; interested residents
Approval of Minutes
August 11, 1981
Page 2, motion re: Good Value Homes Variance, 4th line should be Lots 31 and 32.
MOTION by Kishel, seconded by Anstett to approve the minutes of August 11, 1981 as corrected.
Vote on motion: Yes - Bosell, Apel, Kishel, Anstett; Present - Scherer. Motion carried.
Judith Reimann Special Use Permit Public Hearing (Comm. #7-81-4)
Chairperson Bosell opened the public hearing.
Judith Reimann, 2813 - 142nd Avenue N.W. - stated that she would like to obtain a liquor
license for an off-sale liquor store to be located at 3121 - 161st Avenue N.W.
Commissioner Kishel asked if Mrs. Reimann had a purchase agreement for this property. Lloyd
Reimann, 2813 - 142nd Avenue N.W. noted they have a purchase agreement and will be closing
on Friday. However, the building is not finished as yet.
Chairperson Bosell stated that a letter of consent from the fee owner will be required when
this goes to the City Council. Mr. Reimann noted that by that time, they will have a clear
title. He then showed the Commissioners a drawing of what the building will look like when
completed. He also stated that the property contains 5 acres.
Chairperson Bosell asked if the Fire Department had looked at the building yet. Mr. Reimann
explained that the Building Inspector told him that he will have to have certified plans
which will be approved by the Fire Department.
Chairperson Bosell asked if this will be a sole proprietorship. Mr. Reimann stated that
it will be a corporation.
MOTION by Kishel, seconded by Apel to close the public hearing. Motion carried unanimously.
MOTION by Apel, seconded by Kishel that the Andover Planning and Zoning Commission recommend
to the City Council approval of the Special Use Permit requested by Judith Reimann, residence
address 2813 - 142nd Avenue N.W., for an off-sale liquor license on the property located at
3121 - 161st Avenue N.W., for the following reasons: 1) The request is covered under
Ordinance 8L; 2) The proposed use will not be detrimental to the health, safety or general
aelfare of the community; 3) It will not cause serious traffic congestion or hazards; 4)
t will not seriously depreciate or affect surrounding property values; 5) It is in
harmony with the general purpose and intent of the zoning ordinance and the Comprehensive
Plan; 6) The Special Use Permit will be reviewed on an annual basis. It should also be
noted that a public hearing was held and there was no public opposition.
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P ann1ng an Zon1ng m1ss1~__Meet1ng
August 25, 1981 - Minutes
Page 2
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Reimann Special Use Permit, Cont.
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~iscussion: Commissioner Anstett stated that she felt uncomfortable with the statment that
this will not cause traffic congestion. Chairr9~"~" 1l9gcll noL",d LhaL LI.", Lulld...u'::j uul,}' [roIl""
~ "nllnty "'o~d (#20) cUlJ LhaL L. hoL v(.~,}' I.eav...l,}' lra.c:lell ~ ~/o/,
Motion carried unanimously. This will go to the City Council on September 15, 1981.
Laurie Bonneville Special Use Permit Public Hearing (Comm. #8-81-1)
Chairperson Bosell opened the public hearing.
Laurie Bonneville, 3608 - 143rd Avenue N.W. - stated that she would like to open a small
one-person beauty shop in her home. It will be by appointment only.
Judy Hatfield, 3595 - 143rd Avenue N.W. - stated that she is concerned about the traffic.
143rd and Round Lake Boulevard is a very dangerous corner right now. She asked how much more
traffic will be created by this beauty shop.
Chairperson Bosell felt that the traffic will be very minimal.
Laurie Bonneville - noted that she would be open 4 or 5 days a week, 6 hours a day. Since
it will be by appointment only, there will not be a great increase in the traffic.
Commissioner Scherer stated that the fast traffic will not be going into this area; that traffic
will be going north on Round Lake Boulevard.
MOTION by SCherer, seconded by Anstett to close the public hearing.
MOTION by Anstett, seconded by Kishel that the Andover Planning and Zoning Commission recommend
to the City Council approval of a Special Use Permit requested by Laurie Bonneville to operate
a beauty shop in her home located at 3608 - 143rd Avenue N.W., with a one year reviewal.
Reasons for approval: 1) After discussion, it has been determined that there would not be
a serious traffic problem from parties going to the beauty shop; 2) The health, safety and
morals of the community would not be affected; 3) It would not be detrimental to the surround-
ing property values; 4) It is in compliance with the Comprehensive Plan in keeping trans-
portation to a minimum by having this in the community; 5) It is in compliance with Ordinance
8H, Section 4.30 Home Occupations and 7.03 Special Uses.
Motion carried unanimously. This will go to the City Council September 15, 1981.
Phyllis Urbach Variance (Comm. #8-81-3)
John Zachow, 2350 - 7th Street West, St. PaUl, attorney representing Ms. Urbach _ stated that
Ms. Urbach owns a double bungalow on the western most lot on Sycamore Street and 158th and
another lot across from it which is separated by Redwood Street. She has had two offers to
sell this lot and has been told that it is unbuildable as it does not meet the lot size
requirements.
Chairperson Bosell asked when this became a lot of record. Mr; Zachow didn't know what the
date was. He also noted that from the abstract Redwood Street was never dedicated to the
city.
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(_./airperson Bosell noted that this lot only contains 37,432 square feet, including the road.
Ordinance 8F, Section 4.04 states that if a lot was a lot of record prior to the adoption of
the ordinance and meets 60% of the requirements it would be considered buildable; however,
this lot does not come close to that.
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Planning and Zoning nissi~1eeting
August 25, 1981 - Minutes
Page 3
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Urbach Variance, Cont.
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( J. Zachow noted that this lot became a lot of record in either 1965 or 1966.
MOTION by Scherer, seconded by Anstett that the Andover Planning and Zoning Commission
recommend to the City Council denial of a variance requested by Phyllis Urbach on the property
described as: That part of the Southeast Quarter of the Southeast Quarter of Section 14,
Township 32, Range 24, Anoka County, Minnesota, described as follows: Commencing at a point
on the South line of said Section 14, distant 357 feet West from the Southeast corner of said
Section 14; thence North at right angles to said South line a distance of 358.71 feet to the
actual point of beginning of the tract of land to be herein described; thence continuing North
on last bearing a distance of 136.26 feet; thence West and parallel with the South line of said
section a distance of 274.71 feet; thence South at right angles a distance of 136.26 feet;
thence East parallel with said South line to the place of beginning, (hereinafter referred
to as "Parcel B"), for the following reasons: 1) The parcel in question is substantially
less than the minimum area that is called for in Ordinance 8F, Section 4.04; 2) Denial will be
in conformance with the Comprehensive Plan; 3) The variance is being requested for no reason
other than marketability as far as the land owner is concerned. Motion carried unanimously.
This will go to the City Council on September 15, 1981.
John Weins Lot Split (Comm. #8-81-4)
John Weins, 15800 Roanoke St. N.W. - stated that he is requesting permission to split a six
acre piece of property into two 3-acre parcels.
Chairperson Bosell asked if there are any structures on this parcel of land. Mr. Weins stated
there are none.
Leroy Granstrom, 4860 Marystone Lane - noted that since this lot split is being requested,
something should be done about Marystone Lane. There should be a turn-around on the corner
where Marystone Lane stops.
Chairperson Bosell stated that the city could obtain an easement for a temporary turnaround.
She asked Mr. Granstrom if he would be willing to give an easement on part of his property
for the turnaround. Mr. Granstrom noted he would be willing to do so.
Commissioner Kishel suggested that some additional easement be given for future planning.
Chairperson Bosell explained that with an easement, the only change would be the setback line
on Mr. Weins' property.
City Engineer Winner noted that it would be easier if the easement is dedicated to the city.
Commissioner Kishel explained to Mr. Weins that all he has to do is get someone to draft the
easement, dedicate the easement to the city for street purposes and that could be memorialized
on the Certificate of Title. He also noted that this might require a Registered Land Survey.
John Weins stated that he checked with the County and they said he didn't have to do a Registered
Land Survey; however, if he has to, he will.
Commissioner Kishel asked Mr. Weins if he was aware of the park dedication fee that is
required on lot splits. Mr. Weins said he was not aware of it. The secretary was asked to
,.-"ange the lot split application form to note this.
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MOTION by Kishel, seconded by Scherer that the Andover Planning and Zoning Commission recommend
to the City Council approval of a lot split requested by John Weins for the property described
as 'That part of Government Lot 5, Section 13, Township 32, Range 25, Anoka County, Minnesota
Planning and Zoning (~nissir- ~eeting
August 25, 1981 - Mir.~!es V
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weins Lot Split, Cont.
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{ scribed as follows: Commencing at the Northeast corner of said Government Lot 5 as
\..u~termined by the monuments set on the East line of said Section 13 by the Anoka County
Surveyor on September 20, 1963; thence South along the East line of said Government Lot 5,
which for the purpose of this description is assumed to bear due North and South, a distance of
464.57 feet to the actual point of beginning described herein; thence continiung South 196.56
feet; thence west 12.50 feet; thence Southwesterly along a curve to the right with a radius
of 263.31 feet and a central angle of 41 degrees 35 minutes 30 seconds a distance of 191.14
feet; thence South 41 degrees 35 minutes 30 seconds west a distance of 394.49 feet; thence
along a curve to the right with a central angle of 56 degrees 51 minutes and radius of 328
feet, a distance of 325.72 feet; thence North 81 degrees 33 minutes 30 seconds West a distance
of 194.86 feet (hereinafter referred to as Line B); thence South 0 degrees 59 minutes 30
seconds East a distance of 102.51 feet to intersect the South line of said Government Lot 5,
thence North 0 degrees 16 minutes East, using the East line of Lot 5 as a meridian, for a
distance of 247 feet, (hereinafter referred to as Line C); thence West for a distance of 32
feet; thence North 585 feet, more or less, to point of intersection with a line drawn South
89 degrees 48 minutes 17 seconds West from the point of beginning; thence East along last
described line to the point of beginning; Except that part thereof lying south of Line Band
West of Line C, also except the North 314 feet thereof, as measured at right angles thereto.
Subject to and together with an easement for road and utility purposes in common with other
users over a strip of land 25 feet in width the centerline of which is described as follows:
Beginning at a point 12.50 feet West of said Northease corner of Government Lot 5; thence South
464.61 feet; thence continuing South 196.52 feet; thence along a curve to the right with a
central angle of 41 degrees 35 minutes 30 seconds and a radius of 263.31 feet, a distance of
191.14 feet; thence South 41 degrees 35 minutes 30 seconds West a distance of 394.49 feet;
thence along a curve to the right with a central angle of 56 degrees 51 minutes and a radius
of 328.27 feet a distance of 325.72 feet; thence North 81 degrees 33 minutes 30 seconds West
to intersect said Line C and there terminating. Subject to a utility easement granted to
Anoka Electric Cooperative, a corporation, by instrument dated December 28, 1967, recorded
January 2, 1968 in book 772 on page 559. Subject to a utility easement granted to Anoka
Electric Cooperative, a corporation, by instrument dated October 28, 1966, recorded January
2, 1968 in Book 772 on page 556.', for the following reasons: 1) The proposed lot split
meets all the requirements of Section 3, Ordinance 40; 2) It is not detrimental to the
surrounding properties in that both lots will be over 2! acres in size; 3) It is in
conformance with the Comprehensive Plan; 4) An additional easement for street purposes be
dedicated to the city over the southerly and southeasterly 33 feet of the subject property so
as to provide for more adequate setback for the homes placed on these two lots and also to
provide for future planning; 5) The property owner, upon recording of the lot split, pay
$100.00 for each lot for park dedication fees; 6) According to Section 3C, Ordinance 40, the
proposed lot split does not interfere with the orderly planning and is not contrary to the
public interest and does not nullify the intent of this ordinance. Motion carried unanimously.
This will go to the City Council on September 15, 1981.
Recess 8:43 - Reconvene 8:58
Multiple Conversion Ordinance (Comm. #8-80-12)
The secretary noted that the City Attorney verbally stated that the ordinance draft is
sufficient to deal with multiple conversions; however, under 4.19B, the word 'or' should
be changed to 'and' conforms to the Uniform Condominium Act.
Chairperson Bosell stated that the Planning Commission has to hold a public hearing on this
; 'endment. The secretary will put the notice in the paper and the hearing will be held at
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.the September 8th meetlng.
Chairperson Bosell mentioned that at the meeting with the Metropolitan Council regarding our
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August 25, 1981 - Minutes
Page 5
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Comprehensive Plan, the Met Council still wants us to take some property out of our Urban
,.-',rvice Area. We do have two land owners in the MUSA who would like to have their properties
,~t in agricultural preserve. This could solve the problem between the Metropolitan Council
and the City. The City expects to have all of the changes the Met Council is looking for in
mid-October.
Chairperson Bosell also mentioned that at a Special City Council meeting August 24th, the
Council amended Ordinance 8, Section 7.03 so that two-family homes are no longer allowed in
either R-4 or R-5 districts.
Agricultural Preserve District
City Engineer Winner marked a map showing those properties submitted to the city for inclusion
in agricultural preserve. Chairperson Bosell asked if there were any other farmers who have
not sent Attachement B into the city who would like to be included.
Commissioner Kishel noted that Edward Fields has not submitted his application as yet.
Chairperson Bosell stated that the Planning Commission has to decide whether the properties
in the MUSA (Vosika and Adolfson) can be included in agricultural preserve. Commissioner
Scherer felt that if they are on the northern boundary of the MUSA they should be allowed to
be in agricultural preserve.
Commissioner Anstett felt that the ordinance should be set up before proceeding any further.
Commissioners Kishel and Apel concurred with Commissioner Anstett.
Commissioner Anstett noted that she made some deletions in the sample ordinance and feels
comfortable with it.
Leroy Johnson, 125 Bunker Lake Boulevard - stated that he has four forties that he is thinking
about putting in ag preserve; he alsoytwo more forties that he would like to have included
in about two years. h/1:> ~ o/rJ,l
The Planning Commission will hold a special meeting on Thursday, September 10th for the
purpose of discussing the Agricultural Preserve ordinance and also to discuss the existing
Neighborhood Business zones in existence in the city.
MOTION by Kishel, seconded by Scherer to adjourn. Motion carried unanimously. Meeting
adjourned at 9:55 P.M.
Respectfully submitted,
U. Lcb
Vicki Volk, Commission Secretary
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