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HomeMy WebLinkAboutJuly 22, 1980 o . 0 I 00 Call to order Approval of minutes 1- Com. 114- 80- 7 2. Com. 116-80-2 3. Com. 116-80-4 4. Com. 117-80-1 5. Comma 117-80-2 6. Com. 117-80-3 o 0 ~ 01 ANDOVER o o REGULAR PLANNING AND ZONING COMMISSION MEETING JULY 22, 1980 7:30 P. M. Flood Plain Ordinance Public Hearing Grace Lutheran Church Special Use Permit Public Hearing Lee Warneka DNR Permit Renee Fearon Special Use Permit Public Hearing Constance Evangelical Free Church Special Use Permit Public Hearing Klatke Lot Split lj o o 0 ~ 01 ANDOVER o o REGULAR PLANNING AND ZONING COMMISSION MEETING JULY 22, 1980 MINUTES The regularly scheduled Planning and Zoning Commission meeting was called to order at 7:30 P.M. by Acting Chairman Ralph Kishel at the Andover City Hall, 1685 Crosstown Boulevard N.W., Anoka, Minnesota. Commissioners Present: Apel, Johnson, Anstett, Scherer, Lobb Commissioners Absent: Bosell Also Present: City Engineer, Larry Winner; John Peterson; Lee Warneka; Renee Fearon; Clayton Orttel; Roger Klatke; Sue Anderson; interested residents Acting Chairman Kishel added the following items to the agenda for discussion purposes only: Field Party Ordinance; Day Care Center Discussion; Ordinance 10 Amendment. Approval of Minutes July 8, 1980 MOTION by Lobb, seconded by Apel to approve the minutes of July 8, 1980 as written. Vote on motion: 5 yes, 1 present (Anstett). Grace Lutheran Church Special Use Permit Public Hearing (Comm. #6-80-2) Acting Chairman Kishel opened the public hearing and explained that the church is presently enlarging its facilities. John Peterson, 16120 Vintage Street N.W., representing the church - apologized for no one appearing at the last meeting when this item was originally scheduled. MOTION by Lobb, seconded by Apel to close the public hearing. Motion carried unanimously. MOTION by Apel, seconded by Anstett that the Andover Planning and Zoning Commission recommend to the City Council approval of the Special Use Permit for Grace Lutheran Church on the property described as: That part of the West four hundred forty-five and two hundredths (445.02) feet of the Northwest Quarter of the Southeast Quarter (NWt of SEt) of Section 32, Township 32, Range 24, in Anoka County, Minnesota, which lies north of the north line of l36th Lane Northwest as laid out and platted in the Plat of Chapman's Second Addition. Subject to easements for highway purposes over the Northerly 33 feet and the westerly 33 feet thereof. That part of the East 288 feet of the West 733.02 feet of the Northwest Quarter of the Southease Quarter of Section 32, Township 32, Range 24 in Anoka County, Minnesota which lies north of the north line of l36th Lane Northwest as now laid out and platted in the plats of Chapman's Second and Third Additions. Subject to an easement for highway purposes over the northerly 33 feet thereof. Subject to Anoka County Highway Right of Way Plat No. 10. Except therefrom, however: The North 60 feet of the East 673.02 feet of the West 733.02 feet of the Northwest Quarter of the Southeast Quarter of Section 32, Township .~2, Range 24, for the following reasons: 1) A public hearing was held and no opposition '~as met as to the Special Use Permit; 2) The project should have a beneficial effect on the general welfare of the residents of the city; 3) The proposed project should have no adverse effect on surrounding properties or scenic values; 4) The Special Use Permit meets the basic intent and application of the ordinances of the City of Andover. I lJ , r\ Planning and Zonint /mmisf~ Meeting July 22, 1980 - Min~tes Page 2 o o ,--,Grace Lutheran Church Special Use Permit, Cont. o Motion carried unanimously. Flood Plain Ordinance Public Hearing (Comm. #4-80-7) Acting Chairman Kishel opened the public hearing. Commissioner Apel questioned whether we should insert something in Section 9.0 regarding shelters for mobile home parks. It was mentioned that this would be taken care of by an amendment to our Mobile Home Park Ordinance. MOTION by Lobb, seconded by Scherer to close the public hearing. MOTION by Apel, Seconded by Lobb that the Andover Planning and Zoning Commission recommend to the City Council approval of the Flood Plain Ordinance as shown on the attached copy for the following reasons: 1) A public hearing was held. No opposition was met as to the intent of the ordinance; 2) The ordinance would put us in compliance with Federal regulations; 3) It would be consistent with good planning for the health, safety, and welfare of the residents of the community; 4) The ordinance is consistent with the Comprehensive Plan. Motion carried unanimously. This will go to the City Council on August 19, 1980. Lee Warneka DNR Permit (Comm. 116-80-4) Lee Warneka, 14791 Blackfoot Street N.W. - explained that he has applied through the Depart- ment of Natural Resources for a permit to dredge a portion of Round Lake. Acting Chairman Kishel asked where on Round Lake Mr. Warneka is planning to dredge. Mr. Warneka showed a sketch of what he is proposing. The cattail fringe extends 300 feet out from the shoreline. At the present time, the cattail fringe is not inhabited by ducks or fish. He plans to bring in a dragline and remove a strip 100 feet long and 300 feet out into the lake or until he hits open water. He would dig it down to about 10 feet. (The City Engineer was excused at this time to attend the City Council meeting.) Commissioner Johnson asked what the depth of the lake is at present. Mr. Warneka noted that it is approximately 2 - 3 feet because the water is down. He also stated that the DNR has been out to check what he is doing, along with the Anoka Soils Department. The Army Corps of Engineers was expected to go to the property next week. MOTION by Apel, seconded by Scherer that the Planning and Zoning Commission recommend to the City Council approval of the DNR permit for Lee Warneka, 14791 Blackfoot Street N.W., for the follOWing reasons: 1) The Commission has no objections to the application as presented; 2) The relationship of the proposed project is consistent with plans for the affected water and related lands; 3) The relationship of the project conforms to local land use controls including flood plain and/or shore land regulations. Motion carried unanimously. This will go to the City Council on August 19, 1980. Renee Fearon Special Use Permit Public Hearing (Comm. #7-80-1) ~cting Chairman Kishel opened the public hearing. Renee Fearon, 13945 Nightingale St. N.W. - stated that she would like a Special Use Permit so that she can operate a beauty shop in her home. Planning July 22, Page 3 o /' dZ' C .l..)M' an on~ng ~SS~un eet~ng 1980 - Minutes o o . ---q,enee Fearon Special Use Permit, Cont. '.J Commissioner Apel noted that this was set up when the Commission and Council adopted the recent ordinance allowing beauty shops in homes. so there should be no reason not to approve the Special Use Permit. MOTION by Anstett. seconded by Apel to close the public hearing. Vote on motion: 4 yes, 2 abstain (Lobb and Johnson abstained as they are involved in the beauty/barber business.) Commissioner Scherer asked Ms. Fearon if she would be operating the shop by herself. Ms. Fearon stated she would be the only operator and at the most she would have three customers at one time. MOTION by Apel. seconded by Anstett that the Andover Planning and Zoning Commission recommend to the City Council approval of a Special Use Permit for Renee Fearon to operate a beauty shop in her home located at 13945 Nightingale Street N.W.. for the following reasons: 1) A public hearing was held and no opposition was met as to the intent of the Special Use Permit; 2) The Special Use Permit would not be contrary to good planning; 3) The Special Use Permit meets the basic intent and application of the ordinances of the City of Andover. Vote on motion: 4 yes. 2 abstain. This will go to the City Council on August 19. 1980. Constance Evan elical Free Church S ecial Use Permit Public Hearin Comma 117-80-3 Acting Chairman Kishel opened the public hearing. CIa ton Orttel 15524 Larch present time, all they have - stated that at the put a top on it. Chairman Scherer questioned whether 90-100 parking spaces would be sufficient. (Mr. Orttel stated it should be; however, there is room for expansion if needed.) Commissioner Lobb asked how many people the church will seat. CMr. Orttel noted that it would seat 300.) Rav Orstad, 16034 Crosstown Boulevard N.W. - asked how close to the property line the church would be. (10 feet) Objected to the fact that the parking lot is being used by bikers and creates a disturbance. Mr. Orstad felt that with an enlarged parking area. more bikers would be using it. MOTION by Lobb, seconded by Johnson to close the public hearing. Motion carried unanimously. Commissioner Anstett was not happy with the set back line. She stated that the Orstads have horses and maybe the church could put up a fence or something. Commissioner Apel didn't feel the COmmission could do anything other than approve the Special Use Permit. MOTION by Apel. seconded by Scherer that the Andover Planning and Zoning Commission recommend to the City Council approval of a Special Use Permit for the Constance Evangelical Free Church at 16060 Crosstown Boulevard N.W., to build a second story onto their basement. for the ,'follOWing reasons: 1) A public hearing was held. There was some opposition to the height '--and overhang of the bUilding and the traffic in the parking lot. The main objection being that when the church is not in use. traffic control is not sufficient to stop the kids from hot rodding around in the parking lot; 2) It will not adversely affect the values of the adjoining properties; 3) The Special Use Permit is consistent with the Comprehensive Plan; 4) It will not adversely affect the health, safety, morals or welfare of the City of Andover L - Planning and zonin()=isE' ) Meeting July 22, 1980 - Minutes '-....- Page 4 -, CJ o Constance Evangelical Free Church, Cont. ~)or the residents of the neighborhood. Klatke Lot Split (Comm. #7-80-3) Motion carried unanimously. This will go to the City Council on August 19, 1980. Roger Klatke, 24680 - l4lst Avenue, Rogers, MN - stated that this property is the Bussett estate and they would like to split the lot. Discussion centered on whether the two parcels would contain 2~ acres each. After calculating the dimensions, it was ascertained that Parcel B would be slightly less than 2~ acres. This parcel would require a variance. Parcel B has over 300 feet of frontage on County Road 9 and 275 feet on l72nd. Inasmuch as the County Highway Department does not want driveway access onto County 9, this parcel would require a variance as the driveway will access onto l72nd. MOTION by Lobb, seconded by Anstett that the Andover Planning and Zoning Commission recommend to the City Council approval of a lot split for Roger Klatke on the property described as the West 625 feet of that part of the NW~ of the NW~ of Section 9, Township 32, Range 24, lying southerly of l72nd Avenue N.W. as laid out and traveled (Except the S~ of the S~ of the NW~ of the NW~ thereof) (subject to easements of record if any), for the following reasons: 1) All of the necessary provisions of the lot split ordinance have been met; 2) It is in conformance with the Comprehensive Plan; 3) It is not contrary to public interest; 4) It does not nullify the intent of the ordinances of the City of Andover; 5) Park dedication fee is required in the amount of $200.00; 6) A variance will be required on the frontage because it does not meet the 300 foot requirement on Parcel B as the lot will be fronting on l72nd Avenue. By allOWing this variance, he will be removing a driveway access from County Road 9; 7) The owner will dedicate a 10 foot drainage and utility easement along County Road 9; 8) Parcel B will require a variance as it is slightly smaller than 2~ acres. Motion carried unanimously. This will go to the City Council on August 19, 1980. (Recess 9:00 - Reconvene 9:09) Day Care Center Discussion Sue Anderson, 2739 - l33rd Lane N.W. - stated that she would like to buy Nemeth's store on Crooked Lake Boulevard for the purpose of operating a day care center and renting part of the building for a beauty shop. Acting Chairman Kishel read a letter from Ms. Anderson stating what she wanted to do. The State has approved the bUilding for up to 100 children. Acting Chairman Kishel stated that the property is now zoned Neighborhood Business and a day care center is not an allowable use in a Neighborhood Business. It was decided that the Building Inspector and the Fire Marshal look at the building to see if it meets the building and fire codes. The Recording Secretary will help MS. Anderson to schedule these appointments. ,Field Party Ordinance j The City Council requested that this be placed on the agenda as there have been numerous complaints from residents regarding field parties. The Council felt the city should have an ordinance to control parties that could be enforced by the County Sheriff. The Recording Secretary will obtain ordinances from surrounding communities if they are ... Jy' , Planning and zoni();onnni: ~- .....)n Meeting July 22, 1980 - Minutes '--~ Page 5 " " IJ o ',avai1ab1e. This will be continued to August 12. 1980. ) '- Ordinance 10 Amendment This amendment was sent back from the City Council because they did not agree with Section 8.03. Design Features. dedicating easements for cross streets. However, Section 8.04 was agreeable to the Council, but was never adopted. It was the concensus of the Commission to send Section 8.04 to the Council for approval. MOTION by Ape1, seconded by Scherer that the Andover Planning and Zoning Commission recommend to the City Council approval of Ordinance 10F as shown on the attached copy. Motion carried unanimously. This will go to the City Council on August 19, 1980. MOTION by Anstett. seconded by Johnson to adjourn the meeting. Motion carried unanimously. Meeting adjourned at 9:30 P.M. Respectfully submitted, &.~ Vicki Vo1k Recording Secretary " J