HomeMy WebLinkAboutMay 13, 1980
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REGULAR PLANNING AND ZONING COMMISSION MEETING
MAY 13, 1980
7: 30 P. M.
Call to order
Approval of minutes
1. Comm. 1110-79-2
2. Comm. 113-80-1
3. Comm. 113-80-8
4. Comm. 114-80-5
5.
6. Comm. 114-80-4
7. Comm. 115-80-1
8. Comm. 115-80-2
9. Comm. 115-80-3
10. Corom. 111-80-7
11. Comm. 114-80-6
12. Comm. 114-80-7
Rolling Creek Trails Preliminary Plat Continued Public
Hearing
Hawk Ridge East Preliminary plat Continued Public Hearing
Ordinance 8, Section 5.02 Amendment Public Hearing
Meadow Creek Christian School Amended Special Use Permit
Public Hearing
Renee Fearon Discussion
Donald H. Peterson Variance
Norman Valentine Lot Split
Jonathan Keller Variance
Rademacher Site Plan
Ordinance #10 Amendment
Visual Standards Implementation
Flood Plain Ordinance
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REGULAR PLANNING AND ZONING COMMISSION MEETING
MAY 13, 1980
MINUTES
The Regularly Scheduled Planning and Zoning Commission meeting was
Chairperson d'Arcy Bosel1 at 7:32 p.m. on Tuesday, May 13, 1980 at
1685 Crosstown Boulevard N.W., Anoka, Minnesota.
called to order by
the Andover City Hall,
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Conmissioners Present: Apel, Kishel, Anstett, Lobb
Commissioners Absent: None
Also present:
Mark Schumacher, T.K.D.A.; Jim Merila and Lee Ecklund; Lary
Carlson and Sylvia Britton; Larry Phelps, Meadow Creek Christian
School; Renee Fearon; Donald H. Peterson; Norman Valentine;
Jonathan Keller; Wayne Anderson; interested residents
Approval of Minutes
April 22, 1980
MOTION by Kishel, seconded by Lobb to approve the minutes of April 22, 1980 as written.
Motion carried unanimously.
Chairperson Bosell mentioned that a Special Meeting with the City Council has been set
for Monday, May 19, 1980 at 7:30 and asked if any of the commissioners could not be
present they should notify her as soon as possible.
Rolling Creek Trails Preliminary plat Continued Public Hearing (Comm. 1110-79-2)
Chairperson Bosell reopened the public hearing.
Jim Merila, Merila-Hansen, Inc. - presented new copies of the plat to the Commission.
Stated they had met with the City Council and the Park Board on May 12th to discuss the park
dedication. The Park Board and Council asked that the property formerly known as Lots
1, 2, 3 of Block 5 be dedicated as park land (8.93 acres). Mr. Merila presented a copy
of a permit they received from the Coon Creek Watershed. A copy of the letter of approval
from the Watershed had been given to the City Council on May 12.
Chairperson Bose11 asked if the Park Board had agreed on a price per acre for the remaining
park dedication. (Mr. Merila stated they came up with $1,500.00 per acre).
Mark Schumacher stated that all of the engineering matters have been taken care of.
Chairperson Bosel1 noted that two variances would be required. One would be for Zilla
Court which exceeds the 500 foot length maximum and the other would be for Lot 12 of
Block 5, which does not have the required depth (the lot is 145' deep and the requirement
is 150 I ) .
MOTION by Kishel, seconded by Lobb to close the Public Hearing. Motion carried unanimously.
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MOTION by Kishe1, seconded by Lobb that the Andover Planning and Zoning Commission
recommend to the City Council approval of the preliminary plat known as Rolling Creek Trails,
legally described as the East 1/2 of the Southwest 1/4, and that part of the West 1/2
of the Southeast 1/4 of Section 26, Township 32, Range 24, Anoka County, Minnesota lying
Planning and
May 13, 1980
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Zon~ng Commission Meeting
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Westerly of the railroad right-of-way described in Book 35 of Deeds, page 98 as
follows: A strip of land 300 feet wide, being 100 feet wide on the Westerly side
and 200 feet wide on the Easterly side of the center line of the railway of said
Railway Company as same is now located and established and extending from the North
line of the West 1/2 of the Southeast 1/4 of Section 26, Township 32, Range 24,
Southerly a distance of 2,450 feet to a line drawn at right angles to said center line
through a point in same, which point is distant 174 feet North measured along said
center line from its intersection with the South line of said Section 26 as said center
line is located across said section and also a strip of land 100 feet wide, being 50
feet wide on each side of the center line of the railway of said Railway Company as
same is now located and established and extending from the South line of Southwest 1/4
of Southeast 1/4 of Section 26, Township 32, Range 24, Northerly a distance of 174
feet to the Southerly boundary line of the 300 foot strip of land first described herein.
Together with and subject to that certain easement at will dated November 18, 1961
between Edward K. Irvine, Sr. and Grace M. Irvine, husband and wife and Elmer D. Erickson
and Viola Erickson, husband and wife, filed with the Register of Deeds for Anoka County,
State of Minnesota, on the 21st day of November, 1961 at 11:30 a.m. and duly recorded
in Book 541, page 7, for the following reasons:
1) The plat has received approval from the Anoka County Highway Department.
2) The engineering firm of T.K.D.A. has reviewed the plat and recommends approval.
3) The plat is subject to meeting the road standards of the City of Andover.
4) A public hearing was held and no opposition was met as to the intent of the plat.
5) The plat would require the following variances:
a. Zilla Court for the reason that the length of the cul-de-sac exceeds the 500
feet per ordinance 10. It exceeds the 500 feet so that another access is not
allowed onto Andover Boulevard.
b. Lot 12, Block 5, the frontage bei~g on Vale Street which is longer than the
shortest side of the lot which fronts on Andover Boulevard. This lot would not
be allowed to access on Andover Boulevard so the variance is reasonable. In
addition to not having the shortest side of the lot being the front, an additional
variance would be required in that the lot depth at the shortest point does not
meet the minimum requirement of 150 feet, being 145 feet.
6) A letter has been received from the Coon Creek Watershed noting their approval.
7) The Park Board has reviewed the plat and made a recommendation to the City Council
regarding dedication of 8.93 acres of land and the additional money values received
would be at the rate of $1,500.00 per acre.
8) The plat is consistent with the City's Comprehensive Plan and meets the basic intent
and application of its ordinances.
9) All lots will front on interior streets and they should not front on Andover
Boulevard.
Motion carried unanimously. This will go to the City Council on May 20, 1980.
~~ Hawk Ridge East Preliminary Plat Continued Public Hearing (Conm. #3-80-1)
Chairperson Bosell reopened the public hearing.
Planning and zo~~ Conm~ion Meeting
May 13, 1980 - M1nutes
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Lary Carlson, 433 Jackson Street, Anoka, MN, Developer - presented revised copies of the
plat to the Commissioners.
Mark Schumacher reviewed his letter regarding the plat. Items listed that have not been
taken care of are:
1.
There is an exception shown on a portion of the property.
the City Attorney regarding this matter. It was suggested
on this because of its size and topographical reasons.)
(Mr. Carlson spoke to
he ask for a variance
2. Calculations should be submitted showing the 100 year pond elevations and easements
provided to this level. (Disucssion was on the large low area which should have an
easement protection through the 888 elevation; the pond in the lower corner on Lot
1, Block I should have easement protection at the 891 elevation; Lot 3, Block 2
should have easement protection at the 890 elevation.)
3. l80th Avenue should be extended to the east line of the plat to provide future access.
(If this is done, Lot 1 of Block 3 would end up with frontage on 3 sides.)
Chairperson Bosell noted that the Certification of the Surveyor and the individual wells
are shown on the plat pursuant to discussion at a previous meeting.
Mr. Carlson - stated the plat has been submitted to Oak Grove and they have no objections
to the plat.
Discussion centered on tangent lines and set back lines.
on Lot 4, Block 3 the tangent line is not on the setback
not make 300 feet. He stated the tangent line should be
line.
Commissioner Kishel noted that
line and if it were, it would
50 feet back from the set back
Chairperson Bosell asked if l80th Avenue should be extended to the east. Commissioner
Kishel did not feel it should be extended to the east because of the close proximity of
a County road. He stated it could be taken care of in the future subdivision.
Mr. Carlson would be in favor of giving a permanent easement rather than constructing the
street. He showed the Conmission another plat of Hawk Ridge East which shows the street
extended.
It was the concensus of the Commission that the first plat showing a permanent easement
for the road is better than the second one showing the road extended.
This item will be continued until the next regular meeting or a special meeting if one
is scheduled before May 27, 1980.
Recess 9:08 - Reconvene 9:17 p.m.
Ordinance 8, Section 5.02 Amendment Public Hearing (Comm. 113-80-8)
Chairperson Bosell opened the Public Hearing. She explained that the way the ordinance
is now written, it does not comply with state statute. When an area of 5 acres or less
is rezoned, the property owners within 350 feet are notified by mail. Our ordinance does
not specifically state this. It also requires that we take action within 60 days with
a 30 day extension if necessary. The City Attorney felt we should take only the 60 days.
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Commissioner Anstett had a problem with the part that says only on rezonings of 5 acres or
less the property owners within 350 feet have to be notified. She felt that regardless of
the size, the property owners should be notified.
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May 13, 1980
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MOTION by Lobb, Seconded by Kishel to close the public hearing. Motion carried
unanimously.
MOTION by Kishel, seconded by Lobb that the Andover Planning and Zoning Commission
recommend to the City Council approval of Ordinance 8G, amending Ordinance 8, Section
5.02, Sections A-F as shown on the attached copy for the following reasons:
1. It would now comply with State Statute.
2. It would update some of the language to be more specific.
Motion carried on a 4 yes - 1 no vote. (Conmissioner Anstett voted no as she feels that
everyone has a right to know about rezonings and limiting notification to owners of 5
acres or less is not right.)
This will go to the City Council on May 20, 1980.
Meadow Creek Christian School Amended Special Use Permit Public Hearing (Comm. 114-80-5)
Larry Phelps, School Committee Chairperson - they are requesting the amended Special Use
Permit as they would like to increase their enrollment from 200 to 300 students.
Chairperson Bosell asked if that would then be their maximum enrollment. (Mr. Phelps
stated it would be.)
Commissioner Kishel asked if there were any plans for expansion of the school. Mr.
Phelps said there were none in the near future.
Ed Petsuch, 3060 Bunker Lake Boulevard - lives across Bunker Lake Boulevard from the
school. He stated that he is very upset about the amount of dust coming from the soccer
field and dirt road to the west of the school. Also objected to visiting schools parking
on the service road south of Bunker. He felt that there is sufficient parking on the
east side of the church for visiting schools. Was afraid someone would get into an
accident with the two accesses onto Bunker. Also objected to the old snow fence by the
soccer field.
Chairperson Bosell asked Mr. Petsuch if he had talked to anyone from the church regarding
the parking problem. Mr. Petsuch said he talked to someone a while ago.
Norman Valentine, Pastor of Meadow Creek Church - stated that the reason for the two
driveways is because of the amount of school buses. They felt there would be too much
traffic coming in and out of one driveway. The snow fence was put up by the County.
Stated that at this time, the second driveway will not be blacktopped.
Chairperson Bosell requested that Pastor Valentine contact the visiting schools to tell
them not to park on the service road across Bunker Lake Boulevard.
Ed Petsuch - stated that at the time he complained about the dust he had asked if the road
could be oiled.
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Mark Schumacher explained that the price of oil has gone up considerably and when you put
it on a road it tends to build up a crust and break up. It is a very temporary solution.
He stated that calcium chloride would work better.
MOTION by Lobb, seconded by Apel to close the public hearing.
MOTION by Lobb, seconded by Kishel that the Andover Planning and Zoning Commission
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recommend to the City Council approval of an application for the Meadow Creek Christian
School located at 2937 Bunker Lake Boulevard for an amended Special Use Permit increasing
the schoors K-12 enrollment from approximately 200 students to approximately 300 students
for the following reasons:
1) A public hearing was held. There was opposition to the dust from the residents of
3060 Bunker Lake Boulevard.
2) The approval of the Special Use Permit will not affect the values of the adjOining
property or other scenic views.
3) It will not affect the intent of the Comprehensive Plan.
4) It will not adversely affect the health, safety, morals, or general welfare of the
City of Andover or the residents of the neighborhood.
Motion carried unanimously. This will go to the City Council on June 3, 1980.
Discussion: Mr Phelps stated that the soccer field belongs to George Adolphson and Mr.
Adolphson has said it can be used by the school and the city's residents.
Chairperson Bosel1 advised Mr. Petsuch that he should go to Resident's Forum at a City
Council meeting to voice his objections about the dust and the parking situation.
Renee Fearon Discussion
Renee Fearon, 13945 Nightingale Street N.W. - lives in Red Oaks Manor. Stated that at
the present time, our ordinance does not allow a beauty shop in a person's home, but she
would like a Special Use Permit so that she can have one. She would be the only one
working in the shop so it would not create much more traffic.
Chairperson Bosell asked if her area is presently served by sanitary sewer. (Mrs. Fearon
stated that it is). Chairperson Bosell felt that Mrs. Fearon should wait until the
Commission discusses this ordinance change before applying for a Special Use Permit.
Donald H. Peterson Variance (Comm. 114-80-4)
Donald H. Peterson, 1374 - 16lst Avenue N.W. - he is asking for a variance to construct
a pole building which will be taller than his principal structure, which is an earth
sheltered home.
Chairperson Bosell asked Mr. Peterson if his property is classified agricultural and how
large the pole building would be. Mr. Peterson stated that his property is not now
classified agricultural but he is in the process of having it classified as such. The
pole building will be less than 1000 square feet.
MOTION by Anstett, seconded by Apel that the Andover Planning and Zoning Commission
recommend to the City Council approval of a variance for Donald H. Peterson at 1374 _
l6lst Avenue N.W., Anoka, MN to build an accessory building which will be taller than the
principal structure. Because the principal structure is an earth sheltered home, the
variance is necessary and otherwise would not be required. Reasons for approval are:
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1. Mr. Peterson appeared before the Planning and Zoning Commission.
2. It makes reasonable use of the land.
3. It will not adversely affect the existing or potential use of the adjacent property.
planning and ZonJ-~ Commio~ion Meeting
May 13, 1980 - i~tes ~
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Motion carried unanimously. This will go to the City Council May 20, 1980.
,'--, Norman Valentine Lot Split (Comm. 115-80-1)
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Norman Valentine, 13817 Eidelweiss Street N.W. - stated he was at the last City Council
meeting where the blacktopping of Eidelweiss was discussed. Inasmuch as he is already
assessed for sanitary sewer, he doesn't feel he can afford another assessment so he
would like to split his lot.
Chairperson Bosell commented that Mr. Valentine's property is currently zoned R-1 but it
is proposed to be rezoned to R-4. The lots created would meet the requirements for an
R-4 zone. The sewer stubs are in also.
MOTION by Lobb, seconded by Anstett, that the Andover Planning and Zoning Commission
recommend to the City Council approval of a lot split for Norman N.Valentine at l3817
Eidelweiss Street N.W., for the following reasons: 1) All the necessary provisions of
the lot split ordinance (Ordinance 40 and 40A) have been met; 2) it is in conformance
with the City's Comprehensive Development Plan; 3) it does not interfere with orderly
planning; 4) it.is not contrary to public interest; 5) it does not nullify the intent
of the ordinances of the city; 6) it would be contingent on the rezoning of the Urban
Service Area to an R-4 zone; 7) denial of the lot split would create a hardship on the
owner; 8) park dedication fees in the amount of $100.00 would be required.
Motion carried unanimously. This will go to the City Council on June 3, 1980.
Jonathan Keller Variance (Comm. 115-80-2)
Jonathan Keller, 14964 Round Lake Boulevard - he would like to construct a detached
garage near the front line of his property as the County Highway Department will be
taking his present garage for the widening of County Road 9. The County's right-of-way
is 50 feet from the centerline and his garage is within that 50 feet.
Discussion centered on what transpired at a previous City Council regarding the Dale
Mashuga variance.
Chairperson Bosell stated that Mr. Keller stated he could either build a new garage,
in which case he will have to demolish his present garage, or he will move his present
garage to a different location.
Commissioner Kishel stated that the garage has to be moved because it cannot encroach
on the county right-of-way. He also stated that Mr. Keller has to have the garage at
least 10 feet from the side yard property line.
Chairperson Bosell stated that Mr. Keller should update his drawing before the City Council
meeting showing the dimensions of the garage and the side yard set back.
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MOTION by Apel, seconded by Lobb that the Andover Planning and Zoning Commission recommend
to the City Council that the variance requested by Jonathan D. Keller of 14964 Round Lake
Boulevard be approved for the following reasons: 1) the petitioner appeared before
the Planning and Zoning Commission; 2) due to the lay of the land a hardship is created
thus requiring a variance; 3) this is a reasonable use of the land; 4) it will not
adversely affect the adjacent land; 5) the recommendation is contingent upon Mr. Keller
meeting the required side yard set backs and the front of the garage be 30 feet back
from the county road easement; 6) the variance is necessary because the County Highway
Department is taking his present garage for the realignment of Round Lake Boulevard.
Motion carried unanimously. This will go to the City Council on June 3, 1980.
Planning and zo~ Comre~ion Meeting
May 13, 1980 - M~nutes '-/
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Mr. Keller asked if he could get a building permit to add a room onto his house. It
~- was suggested that he contact the DNR to see what the set backs are for lake shore
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Rademacher Site Plan (Cornm. 115-80-3)
Wayne Anderson, 1018 Main Street N.E. - represents WID. C. Rademacher & Associates _
presented copies of a memo to the Commission regarding what they propose to do. They
are requesting additional rezonings on this property.
Chairperson Bosell noted that on the rezoning map she has indicated that the 10 acres
to the north be rezoned to Neighborhood Business. At a working session with the City
Council it was the concensus of all that Neighborhood Business would be a logical zoning
for that property.
Mr. Anderson presented copies of a more detailed site plan to the Commissioners showing
what types of businesses will be in the shopping center.
Chairperson Bosell read a petition from Mr. Rademacher and Frank Voth of Good Value Homes
stating that they would like to have a central water system for that area.
Commissioner Kishel stated that the County Highway Department has approved the driveways
on to Round Lake Boulevard.
MOTION by Kishel, seconded by Anstett that the Andover Planning and Zoning Commission
recommend to the City Council the change in zoning of the West 330 feet of the NW% of
the NE% of Section 32, Township 32, Range 24, Anoka County, MN to Neighborhood Business
for the following reasons: 1) that the area is more suitable to a Neighborhood Business
along a heavily traveled county road which will act as a buffer to the residential
area in back of it; 2) it is in good planning principles and consistent with the
Comprehensive Plan and the intent thereof. In addition, it is further recommended that
the East 195 feet of the west 525 feet of the south 835 feet of the Southwest Quarter
of the Northeast Quarter of Section 32, Township 32, Range 24, Anoka County, MN and
the South 408 feet of the Southwest Quarter of the Northeast Quarter lying east of the
west 525 feet thereof, Section 32, Township 32, Range 24, Anoka County, MN be changed
to a zoning of Shopping Center so that it will conform to the attached drawing, for the
following reasons: 1) that it is consistent with the Comprehensive Plan; 2) and lends to
good planning for the development of the City of Andover.
Motion carried unanimously.
be dealt with on May 27th at
Urban Service Area.
This will go to the City Council on June 3, but will also
the Public Hearing on the Rezoning of the Metropolitan
Ordinance 1110 Amendment (Comm. 1I1-80-7)
MOTION by Apel, seconded by Lobb that the Andover Planning and Zoning Commission
recommend to the City Council approval of the amendment to Ordinance 1110 as exhibited
on the attached printed copy.
Motion carried unanimously. This will go to the City Council on June 3, 1980.
Visual Standards Implementation (Comm. 114-80-6)
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the meeting.
Flood Plain Ordinance (Comm. 114-80-7)
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May 13, 1980 - Minutes
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This will be continued to the special meeting as Mark Schumacher has not received any
materials from the DNR.
A special meeting of the Planning and Zoning Commission will be held on
1980 at 7:30 P.M. The following items will be discussed at that time:
Visual Standards Implementation, Flood Plain Ordinance, Housing Plan.
Tuesday, May 20,
Hawk Ridge East,
Respectfully submitted,
MOTION by Lobb, Seconded by Apel to adjourn the,meeting. Meeting adjourned at 11:45 p.m.
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Vicki Volk
Recording Secretary