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HomeMy WebLinkAboutOctober 28, 1980 o ) Call to order Approval of minutes 1. Comm. #10-80-1 o o 0 ~ ~ ANDOVER o REGULAR PLANNING AND ZONING COMMISSION MEETING OCTOBER 28, 1980 7:30 P.M. Rosella Sonsteby Vacation of Easement .." ? o o 0 ~ 05 ANDOVER o ---.. . J REGULAR PLANNING AND ZONING COMMISSION MEETING OCTOBER 28, 1980 MINUTES The regularly scheduled Planning and Zoning Commission meeting was called to order by Acting Chairman Ralph Kishel at 7:33 P.M., Tuesday, October 28, 1980 at the Andover City Hall, 1685 Crosstown Boulevard N.W., Anoka, Minnesota. Commissioners Present: Apel, Scherer, Anstett, Johnson Commissioners Absent: Bosell, Lobb Also Present: City Engineer, Larry Winner; Rosella Sonsteby; Beverly Hagen; interested residents. Approval of Minutes October 21, 1980 Page 2, Paragraph 6, change district to districts. MOTION by Apel, seconded by Johnson to approve the minutes of October 21, 1980 as corrected. Motion carried on a 4 yes, 1 present vote. Rosella Sonsteby Vacation of Easement (Comm. #10-80-1) Acting Chairman Kishel opened the public hearing. Beverly Hagen, 14234 Round Lake Boulevard - asked how much of the easement Mrs. Sonsteby wants vacated. Rosella Sonsteby, 4151 - l4lst Avenue N.W. - stated that this is the fourth time she has been before this body for the removal of a 33 foot easement dated to the Town of Grow for the George Houston cartway that has no beginning and no end. She noted that before the county took this part, there was approximately 14-16 feet that did not Come out to Round Lake Boulevard. Now that the county has widened the road, the easement comes out to County Road 9. Acting Chairman Kishel asked Mrs. Sonsteby if she was requesting that the entire easement be vacated. She stated that at this time she is. Mrs. Sonsteby - stated that for about 5 years she has had to take abuse and watch her property become devalued through misrepresentation. She said that the City of Andover has played the biggest part. She has not been treated equal as a citizen and taxpayer. Mrs. Sonsteby then read a letter from Mr. BabcOCk, the city attorney on April 4, 1978~ which stated that the residents cannot use that easement as a public road. He noted that it is up to the city whether or not they are going to accept it for maintenance and how it can be used. The Council can grant a bUilding permit for a building to abut this road if it meets our ordinances and the council can permit the public to use that road. ~s. Sonsteby then read a letter from Mr. Robert Edwards, who is an attorney, which stated ~/hat the city's easement right no longer exists. She then read a letter from the Anoka Fire Department stating that they never had to drive across the creek line on Mrs. Sonsteby's PI n'h. d Z . n . r --.. M . "' a ~ng an on~n..... ?mm~s~J eet~ng October 28, 1980 - Minutes Page 2 " \ (J o '1 / to fight fires on the property to the west. They noted that they could get into the property from Good Value's land on the south. She then read a letter from Conrad Steffensen who stated that the minutes of the Planning and Zoning Commission meeting of July 11, 1978 were incorrect. He did not make the statements that Mrs. Hagen said he made regarding the ease- ment. Mrs. Sonsteby stated that in 1972 she started a court case which was heard in 1974. The court stated that the easement is limited to the land actually used and can be determined by visual observation. The next case was heard in 1978. Mrs. Hagen was asked if there was a garage on her property in 1975. She stated there hadn't been one there for over 10 years. She stated that when they bought the property there was a garage attached to the house. This garage faced toward Round Lake Boulevard and they entered it straight from Round Lake Boulevard. Mrs. Sonsteby noted that she found a letter in the Court House files to the Hagens from their attorney stating they are only to use the easement for ingress and egress and they are to keep the easement open at all times. She then showed the Commissioners pictures she had taken of the Hagen's property and the Haslip's property. The reason she took the pictures was because at the public hearing for her Special Use Permit, these people said that her doubles would end up looking junky and she wanted to show what condition the Hagen's and Haslip's properties are in. Mrs. Sonsteby asked that the Planning Commission recommend to the City Council to have the easement vacated and put it in the lap of the Council and the City Attorney to either approve or deny the request. Acting Chairman Kishel asked Mrs. Sonsteby how the Hagens would get into their garage if the easement is vacated. Mrs. Sonsteby stated that they will have to move their garage doors because the garage is not built according to ordinance. It's 10 feet from the property line _ the permit said it was supposed to be 20 feet. The City of Andover played the biggest part in causing all of these problems. The Hagens had no business building a garage there because there was no beginning and no end to the easement. Acting Chairman Kishel stated that he didn't think the city was aware of that at the time. Mrs. Sonsteby stated that Wally Arntzen did know it. She noted that the permit was issued in 1975 and Mr. Arntzen knew everything that was going on. He knew about the court case and the 10.89' gap. Beverly Hagen - I~osella is right. He knew about the gap." Mrs. Hagen noted that when they applied for their building permit for the garage, they asked that the City Attorney not make any mistakes - they wanted it in the right place. Wally Arntzen went to their house and staked it out where Mr. Hawkins said it could be. She then showed pictures she had taken of the easement which showed an old foundation. She has asked the building inspector about this foundation and continually has to chase children away from it as it is a hazard. Mrs. Hagen stated that in 1966 they wanted the easement closed but Mrs. Sonsteby objected. In a private telephone conversation with Mrs. Sonsteby, Mrs. Sonsteby said that she would sue anyone who owned the Hagen's house. Mrs. Sonsteby said that that was a lie and a short argument ensued between the two women. Mrs. Sonsteby stated that the reason she didn't want the easement vacated in 1966 was because she didn't own the surrounding property at that time. She stated that she has offered to ~sell that property to the Hagens three times; she has done everything she could to buy peace. '---' Mrs. Hagen stated that at the pre-trial they offered to buy the property for $3,000.00 but Mrs. Sonsteby would not accept it. Mrs. Sonsteby stated that that is a lie. . l'lan..~ing and Zonin( )mmissC.) Meeting October 28, 1980 - Minutes . Page 3 ,- '\ ~,J o MOTION by Anstett, seconded by Apel to close the public hearing. Motion carried unanimously. \ Commissioner Apel felt the Commission should recommend to the City Council that there is no recommendation as the Commissioners are not attorneys. He stated that if you just look at the Hagen's garage you have to deny the vacation; if you look at the 1941 document, you have to approve it. Commissioner Scherer stated that Mrs. Sonsteby should sell the Hagens the part of the property they need so they can get into their garage and then the rest of the easement can be vacated. Mrs. Sonsteby stated that the Commissioners have everything they need and that this meeting pertains to the easement and nothing else. She stated that she is going to get justice. This has been lied about and the City of Andover has caused most of the problems because of the garage. They should accept what they did and rectify it. The city has ordinances they don't even follow. Commissioner Johnson noted that it's a little hard to refute what the courts have done. MOTION by Scherer, seconded by Anstett that the Andover Planning and Zoning Commission recommend to the City Council denial of a request by Rosella Sonsteby for vacation of an easement described as that part of the SE~ of the SW~ of Section 29, Township 32, Range 24, Anoka County, MN, described as follows, to-wit: Commencing at a point on the E. line of the SE~ of the SW~ of Section 29 which point is 16 rods South of the NE corner of said SE~ of the SW~, thence West at right angles a distance of 26 rods, thence North at right angles to the South line of that certain road easement in favor of the Township of Grow, thence Easterly along the South line of said road easement to the East line of the SE~ of the SW~ of Section 29, thence South on said East line of the SE~ of the SW~ of Section 29, to the point of beginning, for the following reasons: 1) A previous court decision granted the continuance of the easement for the Hagens; 2) According to information supplied by the City Clerk, Patricia K. Lindquist, she quoted Bill Hawkins as saying that there is no new evidence that would negate the Council decision for vacation of the easement. Vote on motion: Yes: Anstett, Apel, JOhnson, Scherer; Present: Kishel (voted present because he works for Anoka County and there is litigation between the County and Mrs. Sonsteby at the present time.) Motion carried ona 4 yes, 1 present vote. This will go to the City Council on November 5, 1980. Acting Chairman Kishel noted that the first meeting in November will have to be rescheduled as November 11th is a legal holiday. The meeting was rescheduled for Thursday, November 13th. MOTION by Johnson, seconded by Scherer to adjourn. Motion carried unanimously. Meeting adjourned at 8:35 P.M. Respectfully submitted, u.~ Vicki Volk, Clerk ," '. ., J