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HomeMy WebLinkAboutSeptember 11, 1980 o 0 Call to order Approval of minutes l. COllIIIl. 1t8-80-8 2. Corom. 1f6-80-5 3. Corom. 1t8-80-9 4. 5. C 0llIIIl. #8-80-11 6. C 0llIIIl. if8-80-5 7. Corom. 1f8-80-l0 8. Corom. #8-80-12 o o 0 ~ ~ ANDOVER o REGULAR PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 11, 1980 7:30 P.M. Rosella Sonsteby Special Use Permit Public Hearing Rosella's Addition Preliminary Plat Public Hearing 139th Avenue N.W. Street Vacation Public Hearing Kermit Kirkevo1d Discussion Roger Reini Variance Dog Bite Ordinance Ordinance 8, Sec. 3.02 & 7.01 Multiple Conversion Ordinance o o 0 ~ ~ANDOVER o o REGULAR PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 11, 1980 MINUTES The Regularly Scheduled Planning and Zoning Commission meeting was called to order by Chair- person d'Arcy Bosell at 7:32 P.M., Thursday, September 11, 1980 at the Andover City Hall, 1685 Crosstown Boulevard N.W., Anoka, Minnesota. Commissioners Present: Apel, Anstett, Lobb, Scherer Commissioners Absent: Johnson, Kishel Also Present: City Engineer, Larry Winner; Rosella Sonsteby; Roger Reini; Kermit Kirkevold; interested residents Approval of Minutes August 26, 1980 MOTION by Anstett, seconded by Lobb to approve the minutes of August 26, 1980 as written. Motion carried unanimously. Rosella Sonsteby Special Use Permit Public Hearing (Comm. #8-80-8) Chairperson Bosell opened the public hearing. Rosella Sonsteby, 4151 - l4lst Avenue N.W. - explained that the purpose of the Special Use Permit is to enable doubles to be constructed in the proposed plat known as Rosella's Addition. Chairperson Bosell asked MS. Sonsteby if she is included in the plans for city water. Ms. Sonsteby stated that she signed a petition requesting city water. City Engineer Larry Winner noted that what Ms. Sonsteby signed was a petition for city water, waiving her right to a public hearing. Chairperson Bosell questioned whether Ms. Sonsteby would be subdividing the property and selling the lots or if she would be constructing some of the doubles herself. MS. Sonsteby noted that she would be building some of them, depending on how fast the lots are sold. Chairperson Bosell asked whether they would be rental property. Ms. Sonsteby stated they will be sold as she does not want to get into the rental business. Chairperson Bosell told Ms. Sonsteby that it would be to her advantage to have a site plan for a double drawn up to show the City Council. She also noted that the developers of Northglen and Woodland Terrace have drawn up party wall agreement for their doubles and that she should work with the City Attorney to have an agreement drawn up for her proposed doubles. Beverly Hagen, 14234 Round Lake Boulevard-stated that she came in late and was interested in what kind of homes there would be and how many. Ms. Sonsteby showed the plat to Mrs. Hagen. Chairperson Bosell asked if it was MS. Sonsteby's intention to build one two-family dwelling unit on each lot shown on the plat. Ms. Sonsteby stated she would be doing that. ~hael Harris, 14278 Vintage Street N.W. - asked if a person could buy both sides of a double and rent one side out. Chairperson Bosell stated that this is correct. Mr. Harris's main Planning and Zoning('~issio~eeting , \ L \ J September 11, 1980 -_Jl.nutes '--' Page 2 o o concern is that the units will not be maintained properly. ( ) Mrs. Hagen - felt that everyone was concerned that these doubles will end up in the same condition as the ones off of Crosstown Boulevard. Commissioner Lobb stated that he is very much opposed to rental property. Ms. Sonsteby noted that with the economy the way it is, this may be the only way a person can afford to buy a house. Robert Haslip, 14269 Vintage Street N.W. - stated that several years ago a resolution was adopted making it necessary to have an attached garage and stating the number of square feet necessary to build on. Asked if this was still in effect. Chairperson Bosell noted that our ordinance requires at least a single car garage, either attached or detached. The ordinance also states what the size of the lot needs to be. MOTION by Scherer, seconded by Apel to close the public hearing. Motion carried unanimously. Ms. Haslip, 14269 Vintage Street N.W. - asked where all of the children living in these doubles will go to school. Chairperson Bosell stated that she couldn't answer that question. However, if Ms. Sonsteby meets all of the criteria of the platting ordinance, we have to allow her to develop her property. MOTION by Apel, seconded by Scherer that the Andover Planning and Zoning Commission recommend to the City Council approval of the Special Use Permit request for Rosella Sonsteby to construct double homes on the property legally described as That part of the Southeast Quarter of the Southwest Quarter of Section 29, Township 32, Range 24, Anoka County, Minnesota lying easterly of the following described line: Beginning at a point on the south line of said Southeast Quarter of the Southwest Quarter distant 1040 feet westerly of the Southeast corner thereof; thence northerly parallel with the east line of said Southeast Quarter of the Southwest Quarter, a distance of 1000 feet; thence northeasterly to a point on the west line of the east 900 feet of said Southeast Quarter of the Southwest Quarter, said point being distant 298 feet southerly of the north line of said Southeast Quarter of the Southwest Quarter; thence northerly, parallel with the east line of said Southeast Quarter of the Southwest Quarter a distance of 298 feet to the north line of said Southeast Quarter of the Southwest Quarter and said line there terminating. Except the following parcels, all in Section 29, Township 32, Range 24, Anoka County, Minnesota: Parcel 6680, Parcel 6600, Parcel 6650, Parcel 6700, Parcel 7010., for the following reasons: 1) The Special Use Permit is being recommended for approval as it will conform to the provisions of the zoning ordinance; 2) A public hearing was held. There were some questions raised as to the use of the land for this purpose; however, none of the opposition was of an intense nature; 3) It will not be detrimental to the health, safety, or welfare of the general public or the residents of the City of Andover; 4) The development is consistent with the Comprehensive Plan; 5) It meets the Basic intent and application of the ordinances of the City of Andover; 6} The applicant will work with the City Attorney to draw up a party wall agreement and any other details necessary to the doubles; 7) The criteria for multiples, being public sanitary sewer and water, are being met; 8) The Special Use Permit is contingent upon approval of the preliminary plat known as Rosella's Addition. Discussion: Commissioner Anstett asked if there was to keep these doubles from becoming rental property. ~~stitutional and that the city is mandated to have anything that could be put in the motion It was noted that that would be un- a certain number of rental properties. Vote on Motion: no because there criteria for the Yes - Apel, Scherer, Anstett, Bosell; No - Lobb. (Commissioner Lobb voted would be too many doubles concentrated in one area and it doesn't meet the health, safety and welfare of the residents of the city.) Motion carried on PI .... d . (--). . r) . ann1ug an Zon1ng~mn1sS1o~eet1ng September 11, 1980 - Minutes Page 3 (J o (. yes, 1 no vote. This will go to the City Council on October 7, 1980. V Rosella's Addition Preliminary Plat Public Hearing (Corom. #6-80-5) Chairperson Bosell opened the public hearing. City Engineer, Larry Winner noted that he received a revised preliminary plat earlier that day, and that some of the items in his letter regarding the plat have been taken care of. Those items that still need attention are as follows: Item 1 - Lot 13, Block 1 is 100 feet deep, which is less than the required minimum depth of 130 feet. This will require a variance. Chairperson Bosell noted that Lots 3, 8, 9, and 10 are also less than the 130 foot minimum depth. MS. Sonsteby stated that there is no way to make the lots the required depth unless the street is moved. Item 3 - The right of way dimension for County Road 9 must be shown. Chairperson Bosell stated that the dimension for l42nd Avenue on the east side of County Road 9 must also be shown, along with the type of surfacing. Item 7 - Lots 8 and 9 of Block I are more than twice as large as the average lot size. This will require a variance. Item 9 - No park land dedication has been shown. However, MS. Sonsteby has met with the Park Board and they have not made a decision as yet. Item 11 - A letter needs to be obtained from Anoka County indicating their approval of the plat. Chairperson Bosell noted that Item 13, regarding the Flood Plain Ordinance regulations should be eliminated as the ordinance was not published prior to receipt of the plat. Item 15 - The grading plan will have to be revised. Item 16 - Soil borings need to be taken. Chairperson Bosell noted that the ordinance requires a developer to plat all of his contiguous property; however, MS. Sonsteby owns too much property to do this. A variance will be required. Michael Harris, 14278 Vintage Street N.W. - asked if the easement shown on the plat will have to be vacated before the plat is approved. Chairperson Bosell stated that the City Attorney will have to make that determination. MS. Sonsteby noted that she spoke to the Attorney and he stated that the plat could be approved before the easement is vacated but nothing could be built there. The Recording Clerk will send a memo to the City Attorney to obtain his opinion. Beverly Hagen, 14234 Round Lake Boulevard - stated that they have a water pro~lem in back of their house now and asked what's going to happen when Ms. Sonsteby raises the elevation. Chairperson Bosell stated that the storm water will be controlled by the grading plan. The ordinance states that one person's storm water cannot drain onto someone else's property. This item will be continued to September 23, 1980. l39th Avenue N.W. Street Vacation Public Hearing (Corom. #8-80-9) Chairperson Bosell opened the public hearing. She stated that the City Council requested this ,~ be on our agenda. l39th Avenue is a half street, approximately 400 feet long, which is \"vt included in the Southwest Area Improvement Project. However, it could be added by a change order. Joe Caskinette, 13852 Round Lake Boulevard - would like to see the street vacated because if ~lanning and Zoning( ~issi~~eeting September 11, 1980-'-Minutes Page 4 (J o -'~'s not going to be improved he doesn't want it as a dirt road with all the traffic on it. ~would also like to keep the trees on the north side to act as a buffer between them and Good Value. Terry Nugent, 13857 Underclift Street N.W. - his driveway exits onto l39th Avenue and his only objection is that if the street is vacated he will end up with a 170 foot driveway. Asked if some of the road would have to be used for sewer easement (yes). Stated that he would like to build a garage on that easement if the street is vacated. Chairperson Bosell explained that you cannot build anything on a utility easement. Maxine Caskinette, 13852 Round Lake Boulevard - felt that with the shopping center being built across the road, they would have a lot more traffic on l39th Avenue. Chairperson Bosell asked Mr. Nugent and Mr. Caskinette how they feel now that they know about the utility easement. Mr. Nugent - stated that haVing the street vacated will not help him at all. Mr. Caskinette - would like to see the street vacated. Commissioner Lobb asked if the street could be blocked off at Round Lake Boulevard. Discussion centered on this question and it was felt that it could be done as there is another exit off Round Lake Boulevard to l38th Avenue. MOTION by Lobb, seconded by Anstett to close the public hearing. Motion carried unanimously. MOTION by Lobb, seconded by Apel that the Planning and Zoning Commission recommend to the City Council to close l39th Avenue N.W. where it meets Round Lake Boulevard and to pave said l39th Avenue N.W., for the following reasons: 1) It would not create a hardship on Mr. Nugent's driveway; 2) It would eliminate the traffic problem for Mr. Caskinette; 3) If left the way it is, it would be detrimental to the health, safety and welfare of the residents; 4) A public hearing was held with many comments made for and against the vacation; 5) l38th Avenue will be the only access to Round Lake Boulevard. Motion carried unanimously. This will go to the City Council on October 7, 1980. (Recess 9:20 - Reconvene 9:30) Kermit Kirkevold Discussion Kermit Kirkevold, 13311 Round Lake Boulevard - stated that he bought Mrs. Weiss's farm and would like to have either part or all of it rezoned commercial. He checked with Coon Rapids and they stated that the property south of his is zoned reSidential/agriCUltural. He would like to put an office supply store in one of his out buildings. Chairperson Bosell noted that the City Council doesn't want spot zoning. For neighborhood business zoning, you have to have 5 acres. Rosemary Kirkevold - asked if it was not possible to have the property zoned commercial, if they could plat it. Chairperson Bosell stated they could plat it. ,~"airperson Bosell suggested Mr. Kirkevold attend a City Council meeting for Residents Forum ~see how the Council feels about the rezoning. Roger Reini Variance (Comm. #8-80-11) 1. d . C--\. . r-, . P. ann~ng an Zon~ng m~ss~~eet~ng September 11, 1980 - Minutes Page 5 () o ,~~ger Reini, 5020 - l59th Avenue N.W. - would like a variance to build a garage that would ~j in front of his house and will not comply with the setback requirement. His present garage is too small to even put a car in. Mr. Reini was asked if he was planning to conduct a business out of his garage. He stated that was not his intention. MOTION by Apel, seconded by Lobb that the Andover Planning and Zoning Commission recommend to the City Council approval of a variance requested by Roger Reini, 5020 _ l59th Avenue N.W. to construct a garage closer to the front lot line which is supposed to be 40 feet and it will be in front of his primary structure for the following reasons: 1) Due to the lay of the land, a hardship was created thus requiring the variance; 2) It would allow reasonable use of the land; 3) It would not adversely affect the adjacent land; 4) There was no opposition at the meeting; 5) It would not be detrimental to the health, safety and welfare of the residents of the City of Andover. Discussion: It was the concensus of the Commission that a hardship was created because of the size of Mr. Reini's present garage. Motion carried unanimously. This will go to the City Council on October 7, 1980. Dog Bite Ordinance (Comm. #8-80-5) Commissioner Apel stated that he went through Ham Lake's Ordinance to see if he could come up with one that would be suitable for Andover. He noted that there are a lot of procedural items in Ham Lake's ordinance. Chairperson Bosell noted that we have to define what a biting dog is and what an owner is. She questioned whether we want biting dog complaints to go to the City Council. Commissioner Scherer felt that the Sheriff could handle biting dog complaints. He noted that Attorney Hawkins suggested that we add a section to our present dog ordinance making it a misdemeanor to harbor a biting dog. Commissioner Anstett concurred with Commissioner Scherer. Chairperson Bosell suggested that the Recording Clerk contact the City Attorney in reference to the Dog Bite Ordinance discussion, City Council minutes of August 5, 1980, and seek his direction and language to incorporate into our present ordinance the provisions for harboring and owning a vicious dog to be a misdemeanor, the city's ability to declare this type of dog a nuisance, and the other items as pointed out in the discussion. This item will be continued to September 23, 1980. Ordinance 8, Sections 3.02 and 7.01 (Corom. #8-80-10) A memo has been received from the City Clerk requesting a change in the definition for floor area. After considerable discussion on exactly what the City Clerk wants, it was decided that we need some clarification from the Clerk. Section 7.01 - In our present ordinance, the definition for "rural" does not talk about ,-'sidents. It was suggested that Section 3.02 (D), could be changed to read owner instead \~resident and this would solve the problem. Larry Winner suggested that we change the definition of Urban/Agricultural. Nanning and Zoning 0issiOeeting September 11, 1980 - Minutes Page 6 u o ,m\e Recording Clerk will check with the City Clerk to see if the solution will occur by ,->anging "resident" to owner. This will be continued to September 23, 1989. Multiple Conversion Ordinance (Comm. #8-80-12) This item will be continued to September 23, 1980. MOTION by Lobb, Seconded by Apel to adjourn. Motion carried unanimously. Meeting adjourned at 11: 15 P.M. Respectfully submitted, iL UP Vicki Volk/Recording Clerk ~- -', \. . -.-