HomeMy WebLinkAboutNovember 10, 1981
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Call to order - 7:30 P.M.
Approval of Minutes
l. Comm. #10-81-1
2. Comm. #8-81-8
3. Comm. #10-81-5
4. Comm. #10-81-7
5. Comm. #10-81-8
6. Comm. #10-81-9
7. Comm. #10-81-10
8. Comm. #10-81-3
9. Comm. #10-81-6
10. Comm. #6-81-1
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~ 01 ANDOVER
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REGULAR PLANNING AND ZONING COMMISSION MEETING
NOVEMBER 10, 1981
AGENDA
Charles Mistelske Special Use Permit Public Hearing
Lakeside Estates Preliminary Plat Public Hearing, Cont.
Good Value Homes Amended Special Use Permit Public Hearing
Creekwood Sketch Plan
James Jirasek Variance
~11-"'''s -::rJr"-$C:/I- Lo+ Sf"""-
Charles Bankey Variance
D. Bjorngjeld/G. Pitman Lot Split
Ordinance 8, Section 7.03 Amendment Public Hearing
Ordinance 8, Section 6.02 Amendment Public Hearing
Review of Neighborhood Business Zones, Continued
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~ ~ ANDOVER
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REGULAR PLANNING AND ZONING COMMISSION MEETING
NOVEMBER 10, 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, November 10, 1981 at the Andover City
Hall, 1685 Crosstown Boulevard N.W., Anoka, Minnesota.
Commissioners Present:
Commissioners Absent:
Also Present:
Apel, Johnson, Kishel, Lobb, Scherer
Anstett
Charles Mistelske; Jerry Windschitl; John Peterson, Good Value Homes;
James Jirasek; Charles Bankey; Mark Schumacher, T.K.D.A.
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Approval of Minutes
October 27, 1981
Page 3, discussion on Ordinance 8 amendment, third paragraph, last sentence - change
I in I to I is I .
Page 3, motion on amendment, second sentence, add '8' after Ordinance.
MOTION by Kishel, seconded by Scherer to approve the minutes of October 27, 1981 as corrected.
Motion carried on a 5 yes, 1 present (Lobb) vote.
Charles Mistelske Special Use Permit Public Hearing (Comm. #10-81-1)
Chairperson Bosell opened the public hearing.
Irving Shaw, 2706 Gannon Road, St. Paul, representing Mr. Mistelske - stated that Mr.
Mistelske is requesting a Special Use Permit to operate a salvage yard on the property on the
corner of Jay Street and Bunker Lake Boulevard in Watt's Addition. The property is located
in the center of a number of auto salvage yards. This property was formerly owned by Galen
Ferrian who operated a salvage yard under a Special Use Permit. The property is zoned General
Industrial; has been used for a salvage yard for at least 25 years; the property is fenced
with the exception of one side; it conforms to the codes or can be easily made to conform;
the property is suitable for the use being requested.
Chairperson Bosell asked if the rest of the fence will be built. Mr. Mistelske noted that
the posts are already in the ground and the fence will be completed. He also noted that
parking will be inside the yard.
Mr. Shaw noted that they have talked to the surrounding property owners and they all know
what is happening.
MOTION by Lobb, seconded by Kishel to close the public hearing. Motion carried unanimously.
MOTION by Apel, seconded by Lobb that the Andover Planning and Zoning Commission recommend
to the City Council approval of a Special Use Permit requested by Charles Mistelske to operate
an auto salvage yard on the property described as Lot 1, Watt's Garden Acres in Grow Township,
except the West 1031 feet thereof, and except the South 122.5 feet thereof, according to
Cthe plat thereof on file and of record in the office of the Registrar of Titles in and for
'noka County, Minnesota, and the East 107 feet of the West 1031 feet, lying North of the
South 82.15 feet, of Lot 1, watt's Garden Acres in Grow Township, according to the recorded
plat thereof. The following should be noted: 1) Ordinance 8, Section 7.03, Special Uses
allows for this use in a General Industrial District; 2) The location is compatible with
the present use; 3) We have had no opposition from the neighbors; 4) It would be consistent
Planning and Zoning, .11miSSl iMeeting
November 10, 1981 - Minutes
Page 2
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Mistelske Special Use Permit, Cont.
'ith the surrounding uses and would be in compliance with the Comprehensive Plan.
Motion carried unanimously. This will go to the City Council December 1, 1981.
Good Value Homes Amended Special Use Permit Public Hearing (Comm. #10-81-5)
Chairperson Bosell opened the public hearing.
John Peterson, Good Value Homes, 433 Jackson Street, Anoka - noted that they are requesting
an amended Special Use Permit in order to build another style twin home in Northglen. Mr.
Peterson then asked several questions which he felt were pertinent to this item and answered
them. "What kind of home are we proposing to build? We are proposing a twin home which is
928 square feet of finished space with a double attached garage. It's all on one level - no
basement. There will be two bedrooms, bath, kitchen, utility room and dining area. They
will be heated with natural gas, forced air. Heat runs wi11be in the concrete below the
poured floor. What price range? We would start at $45,900. In order to get to $45,900,
we had to do some things. We talked to the subcontractors and they are cutting their prices
in order to stay working. Have we ever built this home before? No, we have not. .Vhy are
we proposing this change in style? Under our present Special Use Permit we can on1v build
one style' home. The basic reason is because we believe we can make this home marketable. If
a person bouqht this home on a straiqht 30 vear mortqaqe without anv qimmicks, the principle
and interest payment would be $509.18, insurance would be about $15.00, taxes about $40.00
and association fees $45.00. The total monthly payment would be $609.18. If you had no bills
at all, you would have to earn $1,850.00 per month or $22,200 per year. If you had a payment
of $150.00, your monthly income would have to be $2,575.00 or $30,900 per year. What effect
will these homes have on the neighborhood? They will provide variety. It would not be
detrimental. It would be compatible with the overall appearance of the neighborhood. It
will not depreciate the value of the other homes. What market will we target in selling these
homes? Young couples (first home buyers) and empty nesters. Is 928 square feet too small
for today's market? We don't feel it is. There are homes in other cities that are smaller
than these. There are quads that are 740 square feet. Blaine will build quads with 930
square feet with single garages. Shannon Park development in Coon Rapids has single family
homes with 800 - 1095 square feet. Some of them will not even have garages. Andover code
allows 800 square feet for a two family home. We need to adjust our home styles to today's
market. We could add 32 square feet to this home and build these as single family homes in
Andover."
Jerry Johnson asked Mr. Peterson what provision there is for storm protection.
stated there is none. The twin homes in Northg1en are built on ground level.
dirt is up 21 feet.
Mr. Peterson
On the side the
Commissioner Johnson asked how they achieve variety by building eight of these in a row.
Peterson stated that it's their policy not to build the same home style on two adjoining
The twin homes are built the same but with different fronts, different colors, etc.
Mr.
lots.
Robert Leroy, 3504 - 139th Lane N.W. - stated that his concern is if there will be absolute
restriction to a Homeowners' Association. Mr. Peterson stated yes, every twin home owner
will have to be a member of the Association.
Chairperson Bose11 asked if this type of home and this price range falls within Metropolitan
Council's idea of low and modest cost housing. Mr. Peterson did not know; however, he stated
'hat he would be surprised if it did not. He also noted that the price of a two bedroom twin
.lome in Northg1en is $53,900.
It was also noted that these homes would be easily adapted for handicapped people as there is
only one step going into the home.
Planning and Zoning ~iss'Meeting
November 10, 1981 -'. ~nutes' /
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Good Value Special Use Permit, Cont.
;ommissioner Scherer stated that one of the things he is concerned about is the lack of
storage space because there is no basement. He felt this will stimulate back yard buildings
of some sort.
Chairperson Bosell mentioned that our ordinance only requires a single car garage and these
proposed homes will have double garages.
Commissioner Johnson asked what the prognosis is for the future; if
happens to this type housing? Commissioner Apel noted that all the
Some of the cluster housing deals are great; they have open space.
the present neighborhoods.
things get better, what
projections are for quads.
The biggest problem is
Wes Mand, 3457 - 141st Lane N.W. - stated that he objects to making smaller houses. He noted
that they are sandwiching these homes between two neighborhoods that have houses of at least
1000 square feet. He felt that the interest rates are going to come down. If we start
allowing the standards to be changed in one area, you're going to have to allow them in other
areas. He also felt that with a slab on grade home, the frost can creep under the slab and
you have cold floors.
Discussion centered on the lack of storage space in these homes. Mr. Peterson noted that the
people buying these homes will not have all of the lawn maintenance equipment that other
people have because they won't need it. Commissioner Lobb noted that they will have other
things such as boats, trailers, etc.
Wes Mand - asked what kind of track these homeowners' associations have. Mr. Peterson stated
that they have two associations that are on their own. He stated that you get more assurances.
Chairperson Bosell stated that Good Value is required to file with City Hall the association
covenant. If there are any changes, they have to be filed at City Hall.
Wes Mand stated that his main concern is that five to ten years from now, these could easily
become rental units. The smaller the units get, the more easily they become rental units.
Mr. Peterson stated that he spoke to the owners of the existing twin homes in Northglen about
this new style and they seemed to be in favor of them.
Robert Leroy - stated that he owns a single family dwelling in Northglen. He noted that Mr.
Peterson only talked to the owners of the twin homes, and they probably don't care. He paid
over $80,000.00 for his home, which is substantially higher than what the new twins will sell
for.
Wes Mand - noted that Mr. Peterson didn't come to his neighborhood to see if they would like
to have these homes built.
MOTION by Kishel, seconded by Lobb to close the public hearing. Motion carried unanimously.
Commissioner Scherer noted that people bought houses in Northglen assuming certain things.
Now Good Value wants to change the concept. He felt that by allowing Good Value to build
these houses, we are setting a precedent. He also stated that the future housing market will
be for multiple dwellings. These homes will be a detriment to the homes now in the area.
Commissioner Kishel stated that there isn't that much difference between a house with 928
.1uare feet and a double car garage and a house with 960 square feet with a single car garage.
Commissioner Lobb felt that he would be more comfortable if there weren't so many lots
included in this request. He stated that if we keep allowing Good Value to change things
the people who bought the first homes there won't know what they are going to have when the
project is completed. He also felt that we definitely need housing of this type but
Planning and Zoning, .unissi. ,Meeting
November 10, 1981 - Minutes
Page 4
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Good Value Special Use Permit, Cont.
_t wouldn't be fair to the people who have already purchased homes in that area.
Mr. Peterson stated that if they had not developed Northglen under a PUD they would not be
here tonight. They would like to build a model and begin to offer it to buyers.
Commissioner Lobb noted that the Good Value is betraying a trust; now they want to go in there
and change things.
Mr. Peterson stated that he could live with having the Planning Commission state that they
can't build two of these units side by side. His preference would be that the Commission
doesn't do that though.
MOTION by Kishel, seconded by Apel that the Andover Planning and Zoning Commission recommend
to the City Council approval of an Amended Special Use Permit requested by Good Value Homes
for the reduction of the size of the dwellings that they initially were granted a Special
Use Permit for, from 960 square feet to 928 square feet to allow for the modest priced home
that is badly needed today. The amended Special Use Permit would affect Lots 1-16, Block
2, Lots 3, 4, 5, and 6, Block 6 and Lots 27, 28, 29, 30, 36, 37, 38, and 39, Block 6, all
in Northglen. The following should be noted: 1) Granting the amended Special Use Permit
would not affect the health, safety, morals, or general welfare of the occupants of surrounding
properties; 2) Existing and anticipated traffic conditions would not be increased; 3) The
street and parking facilities will remain basically the same because of the fact that these
units will be built with double car garages to provide for off street parking; 4) It will
not be detrimental to surrounding property values and scenic views; 5) It would be in confor-
mance with the Comprehensive Plan; 6) The use would be in harmony with the general purpose
and intent of Ordinance 8, Section 5.03 (B) and (C) in that the homes would be placed at a
location so as to provide a buffer zone between the proposed commercial area to the west and
the residential area to the east.
Vote on motion: Yes - Kishel, Apel, Bosell, Johnson; No - Scherer, Lobb. Motion carried
on a 4 yes, 2 no vote.
Recess: 9:17 - Reconvene: 9:29
Creekwood Sketch Plan (Comm. #10-81-7)
No one was present representing this item.
James Jirasek Variance (Comm. #10-81-8)
James Jirasek, 4618 - 165th Avenue N.W. - stated that he is representing his mother, 13563
Crooked Lake Boulevard NW. Approximately one and a half years ago they had the property
surveyed and discovered that there is a wedge owned by Wayne Davis to the north. They are
proposing the elimination of that wedge. Mr. Davis has agreed to take five feet of Jirasek's
road frontage in exchange for that wedge.
Chairperson Bosell asked Commissioner Kishel about the legal description on the attachment
to the variance request. Commissioner Kishel didn't feel that the legal was for this property.
Chairperson Bosell stated that this five foot strip should be combined with the Davis's
'ot so that a five foot wide lot is not created.
MOTION by Lobb, seconded by Kishel that the Andover Planning and Zoning Commission recommend
to the City Council approval of a variance requested by James D. Jirasek and Carrie M. Jirasek
on the property described as the North 5 feet of Lot 2, Auditor's Subdivision No. 137 and
Planning
November
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and Zoning l.ummissi,-./Meeting
10, 1981 - Minutes
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.Tirasek Variance, Cont.
the extension Easterly of the said North 5 feet of Lot 2 to the Coon Creek and the extension
Westerly of the said North 5 feet of Lot 2 to the Easterly line of County state Aid Highway
No. 18. The following should be noted: 1) It meets with Ordinance 8, Section 5.04,
specifically Item 5, "The governing body may grant the variance if it finds that a hardship
has been created by the shape or condition of the parcel in question; granting the variance
is necessary to the reasonable use of the land and granting the variance will not adversely
affect the existing or potential use of adjacent land."; 2) Granting the variance will allow
the Jiraseks to trade property with the Davis' to give them a uniform shape lot.
Motion carried unanimously. This will go to the City Council December I, 1981.
MOTION by Kishel that we reconsider the motion regarding the Jirasek variance. Carried
unanimously.
AMENDMENT TO MOTION that this variance be contingent upon the Davis's combining the 5 foot
strip with their existing lot. Motion and second still stand.
James Jirasek Lot Split (Comm. #10-81-8A)
James Jirasek - stated that his neighbor has a 100 foot lot south of their property. They
would like to split off an 85' piece from their property and sell it to their neighbors.
When this property was sold there was an error in the measurement; therefore, some of the
neighbors out buildings are on our property. He noted that they are presently taking all
their property back and torrencing it and then giving it back under a Certificate of Title.
Chairperson Bosell asked if these lots are served with sanitary sewer. Mr. Jirasek stated
that it is stubbed for three 85 foot lots, two 100 foot lots and one for the old house that
it there.
Commissioner Kishel asked if it was Mr. Jirasek's intention to file a Registered Land Survey
on these properties. Mr. Jirasek noted that he is.
Kit Junker, 13503 Crooked Lake Boulevard - owns the property to the south. She stated that
they would like to build a garage on the new lot but can't unless it is combined with their
lot. She stated that they don't intend on selling their property.
Chairperson Bosell explained the park dedication fee to ~rr. Jirasek.
MOTION by Johnson, seconded by Scherer that the Andover Planning and Zoning Commission
recommend to the City Council approval of a lot split requested by James D. and Carrie M.
Jirasek for the property legally described as Lot 2, Auditor's Subdivision #137. The follow-
ing should be noted: 1) The division of the lot is in comformance with the Comprehensive Plan;
2) It does not interfere with orderly planning, it is not contrary to the public interest
and it does not nullify the intent of Ordinance 40; 3) The lot split will be subject to
park dedication fees as appropriate.
Motion carried unanimously. This will 00 to the Citv Council December 1. 1981.
Lakeside Estates preliminarv Plat Public Hearinq (Comm. #8-81-8)
,erry Windschitl, 2312 South Coon Creek Drive - withdrew his request for a lot split on this
property.
Chairperson Bosell opened the Public Hearing.
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T,akeside Estates, Cont.
Jerry Windschitl - stated that he is trying to comply with everyone's wishes to put a north-
south street in this plat; one lot was lost as a result of this.
Mark Schumacher, T.K.D.A. - stated that this is a redrawing of a previous plat. The street
alignment is O.K. He also noted the following: the 152nd Lane cul-de-sac is in excess of
500 feet, which should not be a problem. The sixty foot strip along the west side of Lot 1,
Block 3 should be named a street or a parkway. Lot 1 would require a. vqriance as.
it is a double frontage lot. Lot 1, Block 3 would require a variance as it is larger than
twice the size of the average lot. The street construction drawings are required. Mr.
Schumacher also noted that Lot 1, Block 2 might not have the required 39,000 square feet of
buildable land. The building site location on Lot 4, Block 2 should be moved to high ground
for appearance sake. The back lot line of Lot 1, Block 1 is incorrect. The right-of-way
on 152nd and Tulip on the adjacent plat should be shown.
It was noted that Lot
double frontage lot.
that the dimension is
1, Block 1 would not require a variance
Lot 1, Block 3 needs a dimension on the
not there because it's a meander line.
as it is a corner lot not a
south. Mr. Windschitl stated
Chairperson Bosell stated that this property falls within the Flood Plain Ordinance guide-
lines and needs to be compliant with the ordinance. It should also be submitted to the
Department of Natural Resources for their review. A statement of proposed use of the property
and the square footage of each lot need to be added to the legend on the plat.
MOTION by Lobb, seconded by Johnson to close the public hearing.
Chairperson Bosell asked Mr. Windschitl if he is the fee owner
stated that he is not. There are two other parties involved.
that a letter of consent from those people must be submitted.
tive covenants they must be filed at City Hall.
of the property. Mr. Windschitl
Chairperson Bosell stated
Also, if there are any restric-
Chairperson Bosell noted that the property identified on the plat as 'Exception' is in the
process of being acquired by the Park Commission. In view of this, it should be renamed
'Proposed Park Acquisition'. She asked Mr. Windschitl if the park acquisition falls through,
what happens to this piece of property. Mr. Windschitl explained that it will become a part
of Lot 1, Block 3.
MOTION by Lobb, seconded by Apel that the Andover Planning and Zoning Commission recommend
to the City Council approval of the preliminary plat known as Lakeside Estates on the follow-
ing described property: Government Lot 2, Section 20, Township 32, Range 24, Anoka County,
Minnesota except the South 530.00 feet of the East 666.00 feet of the West 772.00 feet thereof.
The following should be noted: 1) A public hearing was held. There was no public opposition;
2) The plat meets the ordinances of the City of Andover; 3) It is in comformance with the
Comprehensive Plan; 4) The plat has been reviewed by the City Engineer; 5) We have received
the decision of the Park Board regarding park dedication;6)The following variances will be
required: a) Lot 1, Block 3 is more than twice the average lot size; b) The 152nd Lane
cul-de-sac is more than 500 feet; 7) The 60 foot roadway will be called a parkway and the
exception will be labeled 'Proposed Park Acquisition'; 8) DNR review is required; 9) The
plat is subject to the Flood Plain Ordinance. Approval of the plat is contingent on the
following items: 1) Written consent of fee owner; 2) Receipt of restrictive covenants;
3) Include roadway dimensions for 153rd Avenue and 152nd Lane; 4) Correction of lot
limension for Lot 1, Block 1; 5) Inclusion of lot dimension of Lot 1, Block 3; 6) Inclusion
of statement of proposed use in legend; 7) Inclusion of square footage of each of the lots;
8) Move the proposed building site{to the high dry part of the lot to be consistent with the
rest of the lots,<:lll J:.et q, Blec]f ~. t?<-;(,-I 'I ~ c2.
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J.udd /?fl
Planning
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T.akeside Estates, Cont.
Motion carried unanimously. This will go to the City Council December 1, 1981.
There being no further engineering items, the engineer was excused at 10:25 P.M.
Charles Bankey Variance (Corom. #10-81-9)
Charles Bankey, 6700 Emerson Avenue South - stated that he split up a partnership and he ended
up with a parcel that is approximately 8 acres in size. There are only 290 feet of road
frontage and he is requesting a variance for this.
Chairperson Bosell asked if Mr. Bankey is the fee owner of the property. He stated that he
is but the deed has to be recorded yet. Chairperson Bosell noted that this should be subject
to the recording of the deed.
MOTION by Scherer, seconded by Johnson that the Andover Planning and Zoning Commission
recommend to the City Council approval of a variance requested by Charles Bankey on the
property described as The East 869' of the North 606' of the NEi of the swi of Section 5,
Township 32, Range 24, except the East 550' of the South 316' of the North 606' of Section 5,
Township 32, Range 24, as'the property has 290. feet of road frontage and Ordinance 8, Section
6.02 requires 300 feet of road frontage. The following should be noted: 1) There was no
public opposition to the variance; 2) Denial of the variance would create a hardship in the
reasonable use of the land involved; 3) It would not be in conflict with the Comprehensive
Plan of the City of Andover; 4) It would not affect the existing or potential use of adjoin-
ing properties; 5) Approval is subject to the recording of the deed for the property.
Motion carried unanimously. This will go to the City Council December 1, 1981.
Bjorngjeld/Pitrnan Lot Split (Comm. #10-81-10)
Chairperson Bosell noted that this property cannot be split as the Lot
for residential lots only; this property is zoned Limited Industrial.
withdrawn the request and their money will be refunded.
Split Ordinance is
The applicants have
Ordinance 8, Section 7.03 Public Hearing (Comm. #10-81-3)
Chairperson Bosell opened the public hearing. She noted that when the ordinance was amended
this was overlooked. It was the intent of the City to allow no further auto reduction yards
in the city.
MOTION by Lobb, seconded by Kishel to close the public hearing. Motion carried unanimously.
MOTION by Lobb, Seconded by Apel that the Andover Planning and Zoning Commission recommend
to the City Council adoption of the amendment to Ordinance 8, Section 7.03 as shown on the
attached, deleting junk yards or auto reductions in GI only provided all outside storage is
completely screened from adjacent streets and properties in accordance with Section 8.03.
It should be noted that the intention was and is that no junk yards be allowed in the city of
Andover.
Motion carried unanimously. This will go to the City Council December 1, 1981.
Jrdinance 8, Section 6.02 Public Hearing (Comm. #10-81-6)
Chairperson Bosell opened the public hearing.
Commissioner Kishel noted that the front yard setback on major arterial streets is 50 feet.
Planning and Zoning.. _.1ffiiss~ ,Meeting
November 10, 1981 - Minutes
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Ord. 8, Sec. 6.02, Cont.
.,~ felt it should be more specific than that because street widths vary. On page 5 of
Ordinance 8, Section 4.15 it states that setbacks along thoroughfares shall be forty feet
from the planned right-of-way line. Where the right-of-way width has not been established on
the Thoroughfare Plan, a 100 foot minimum setback from the centerline of all existing thorough-
fares shall be required, etc. Commissioner Kishel felt that this is the way Section 6.02
should read.
Chairperson Bosell noted that we do not have in the Comprehensive Street Plan a major arterial
street. She questioned whether we could use 'thoroughfare' rather than major arterial as we
do have a major thoroughfare plan.
Commissioner Apel felt that the ordinance takes care of it now and nothing needs to be changed.
Chairperson Bosell suggested that the Commissioners look at the thoroughfare plan and see what
can be done.
This will be continued on November 24, 1981.
Review of Neighborhood Business Zones, Continued (Comm. #6-81-1)
Inasmuch as there was much concern expressed about the Conroy property (139th and Crosstown),
this item will be continued to November 24, 1981. Commissioner Johnson suggested that the
Commissioners look over the material available at City Hall on this rezoning.
Chairperson Bosell noted that a letter of resignation had been received from Commissioner
Scherer.
MOTION by Lobb, seconded by Apel to adjourn. Motion carried unanimously. Meeting adjourned
at 11:08 P.M.
Respectfully submitted,
U'c[a;
Vicki Volk, Commission Secretary