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HomeMy WebLinkAboutDecember 23, 1980 o to I o o 0 ~ 01 ANDOVER REGULAR PLANNING AND ZONING COMMISSION MEETING DECEMBER 23, 1980 7:30 P.M. Call to order Approval of Minutes 1. Comm. 1112-80-1 2. Comm. 1112-80-2 3. Comm. 1112-80-5 4. Comm. #9-78-6 5. Comm. 1112-80-3 6. Comm. 1112-80-4 Connie Marek Lot Split Kummala Sketch Plan Wm. C. Rademacher Variance Scenic River Ordinance Earth Home Ordinance Ordinance 8, Sections 4.05 & 3.020NW) o o o 0 ~ 01 ANDOVER o o REGULAR PLANNING AND ZONING COMMISSION MEETING DECEMBER 23, 1980 MINUTES The regularly scheduled Andover planning and Zoning Commission meeting was called to order by Chairperson Bosell at 7:31 P.M., Tuesday, December 23, 1980 at the Andover City Hall, 1685 Crosstown Boulevard N.W., Anoka, Minnesota. Commissioners Present: Apel, Kishel, Lobb, Anstett, Scherer Commissioners Absent: Johnson Also Present: Connie Marek, Martin Weber, Wayne Anderson, interested residents Approval of Minutes November 25, 1980 MOTION by Kishel, seconded by Anstett to approve the minutes of November 25, 1980 as written. Motion carried unanimously. Connie Marek Lot Split (Comm. #12-80-1) Connie Marek, 13718 Eidelweiss Street N.W. - Stated that she owns a lot on Eidelweiss Street N.W. and Bunker Lake Boulevard which she had surveyed and split into two parcels. She was unaware that she had to come to the City to apply for a lot split. She noted that she had talked to the City Engineer several times regarding splitting this property but he did not inform her of the need for a formal lot split. She also noted that the property has 2 sewer stubs. Commissioner Kishel felt that there was a problem with the depth and width of the newly created lot because it's a narrow pie-shaped lot. Mrs. Marek noted that when the lot was surveyed, the surveyor didn't start measuring at the narrowest point of the lot and she felt that it met the depth and width requirements. Chairperson Bosell stated that a variance would be required as the lot doesn't meet the width requirements. Commissioner Kishel noted that the lot does have the required 20,000 square feet. Chairperson Bosell stated that the Special Assessments on these two lots have been paid and that the new lot would be subject to a $100.00 park dedication fee. Discussion continued on whether or not the new lot meets the width and depth requirements. Carl Foster, 9808 - 5th Street N.E., Blaine - felt that the lot does meet the depth and width requirements and a variance would not be required. MOTION by Apel, seconded by Kishel that the Andover Planning and Zoning Commission recommend to the City Council approval of a lot split for Connie Marek on the property described as: Tract A: That part of the SE~ of the NW~ of Section 33, Township 32, Range 24 in Anoka County, Minnesota described as follows: Commencing at the Southwest corner of said SE~ of the NW~; Cence East (assumed bearing) on the South line of said SE~ of the NW~ a distance of 835.15 bt; thence North 1008'24" East a distance of 50.01 feet to the point of beginning of land to be described; thence continue North 1008'24" East a distance of 1.31 feet; thence deflect Planning December Page 2 d . (" . r'\{ . an Zon~ng /m~ss~V eetlng 23, 1980 - M~nutes u o ,.left in a Northwesterly direction on a curve having a radius of 104 feet a distance of 67.16 ~et; thence North 35051'36" West a distance of 94.13 feet; thence deflect right in a North- westerly direction on a curve having a radius of 782.20 feet and a central angle of 3039'54" a distance of 50.03 feet; thence Southwesterly to a point 600 feet East of the West line of said SE~ of the NW~ as measured along the South line thereof and 150.01 feet North of the South line of said SE~ of the NW~ as measured along the West line thereof; thence Southerly and para- llel to said West line a distance of 100 feet to a point 50 feet North of, as measured at right angles to, the South line of said SE~ of the NW~; thence East and parallel to said South line a distance of 235.15 feet to the point of beginning. Tract B: That part of the SE~ of the NW~ of Section 33, Township 32, Range 24 in Anoka County, Minnesota described as follows: Commencing at the Southwest corner of said SE~ of the NW~; thence East (assumed bearing) on the South line of said SE~ of the NW~ a distance of 835.15 feet; thence North 1008'24" East a distance of 51.32 feet; thence deflect left in a Northwesterly direction on a curve having a radius of 104 feet a distance of 67.16 feet; thence North 35051'36" West a distance of 94.13 feet; thence deflect right in a Northwesterly direction on a curve having a radius of 782.20 feet and a central angle of 3039'54" a distance of 50.03 feet to the point of beginning of land to be described; thence continue Northwesterly on same described curve to the right having a radius of 782.20 feet with a central angle of 33020'06" for a distance of 455.09 feet to a point which is 600 feet easterly of the West line of said SE~ of the NW~ as measured along the South line thereof; thence Southerly and parallel with the West line of said SE~ of the NW~ and to a point 150.01 feet North of the South line of said SE~ of the NW~ as measured along the West line thereof; thence Northeasterly to the point of beginning., with a variance being granted on the newly created lot because the minimum lot depth does not meet the ordinance requirements and a $100.00 park dedication fee be paid. Reasons for approval are: 1) It conforms to the current zoning in the area; 2) a public hearing was held and no opposition was presented; 3) it does not adversely affect the health, safety, welfare or morals of the residents; 4) It conforms to our basic Comprehensive plan;5) It is in a sewered area and is presently served by two sewer stubs; 6) The Special Assessments have been paid in full. Motion carried unanimously. This will go to the City Council on January 20, 1981. Discussion: Bob Palmer asked if Ms. Marek had to pay a variance fee. Chairperson Bosell stated that the variance is a part of the lot split and no fee is required. Kurnmala Sketch plan (Comm. #12-80-2) Martin Weber, Waverly, Minnesota, representing Curtis Kummala - stated that Mr. Kummala would like to create 5 Limited Industrial lots. Mr. Weber feels that the lots all meet our basic ordinance requirements. They have sent the sketch plan to the County Engineer and have received his remarks. Chairperson Bosell read a memo from the City Engineer which noted the following: 1) The lot sizes and dimensions conform to Ordinance 8; 2) Drainage and utility easements will be required on the plat; 3) All of the lots front on County State Aid Highways. Since this area is zoned Light Industrial, there may be a lot of traffic going to and from these lots. Ordinance 10 prohibits direct vehicular access from the lots to these thoroughfares. Therefore, it would be desirable to have a service road or other interior street system to provide access to these lots. Martin Weber - asked what the requirements for a service road are. It was suggested that Mr. Weber contact the City Engineer regarding the service road requirements. ,.~ ~airperson Bosell noted that Mr. Kummala might prefer to put in an interior street rather than a service road. Mr. Weber asked if a cul-de-sac would have to be blacktopped with curb and Planning and Zoning (''miSSi(r-'leeting December 23, 1980 - ~l~utes ~ Page 3 o o .~tter. Chairperson Bosell stated that only blacktop is required unless there are problems ':th erosion. Mr. Weber was asked to contact the City Engineer regarding this also. '-J Bob Palmer, Andover Fire Chief - asked how far it is from this property to the existing street (162nd Lane). Mr. Weber stated that it's 300-400 feet. Mr. Palmer asked how the County felt about having 2 streets that close together. Chairperson Bosell noted that a letter from the County has been received noting that all of the lots can front on the County roads. Commissioners Apel and Anstett felt that there should be a service road rather than an interior street. Chairperson Bosell asked what kind of development Mr. Kummala is proposing. Mr. Weber stated that he is just going to sell the lots after they are developed. Chairperson Bosell noted that Mr. Kummala will be required to take care of his storm water which might require a ponding area. She also noted that the lots all have to meet the 24,000 square foot requirement. This will be continued until such time as Mr. Kummala submits a revised sketch plan. Bob Palmer, Andover Fire Chief - stated that he would like to have all new preliminary plats routed to the involved departments (Public Works, Fire Department) prior to the Council's review. The Recording Secretary was asked to make sure that all new plats are routed accord- ingly. William C. Rademacher Variance (Comm. #12-80-5) Wayne Anderson, 1018 Main Street, Minneapolis - stated that they would like to vary from Ordinances 8 and 10 so that they can develop their superette in two stages. The first stage (Bill's Superette) is already completed and they would like to complete the second stage sometime in 1981. They are not sure what the rest of the building will contain. He then presented a sketch plan to the Commissioners showing what the completed bUilding will look like. Commissioner Scherer asked what they will do about the parking. Mr. Anderson stated that they have looked at that and they can meet the parking requirements. Chairperson Bosell noted that the City Engineer will be reviewing the parking requirements. She also noted that the under- lying factor for this variance request is so that Mr. Rademacher can secure a mortgage on the property that is developed. This is in line with what has been proposed all along. Commissioners Apel and Scherer didn't have any problems with granting the variance. Wayne Anderson - stated that the reason they moved so quickly with the superette was to show the city that they are serious about their project. Chairperson Bosell noted that there are three variances that will be required: 1) Ordinance 8, Section 6.02 - The area requirement is 2 acres. She suggested that before this goes to the Council, the lots should be identified with their legal descriptions; 2) Ordinance 8, Section 6.02 - The side yard setback will be a zero lot line; 3~ection 14 of Ordinance 10 deals with restrictions on conveyances. Ordinance 8, Section 5.04 - states that a variance can be granted if it's necessary to the reasonable use of the land. )'~ION by Apel, seconded by Kishel that the Andover Planning and Zoning Commission recommend to ' - ~~ City Council approval of William C. Rademacher's request for a variance. The variances needed are as follows: 1) A variance from Ordinance 8, Section 6.02, minimum requirements as Planning December Page 4 d Z . r\. ''-'''1 t . an on~ng \. )ll~SSlf / ee lng 23, 1980 - M~nutes '-.... o o ,~~o lot area. The variance requested is related to the one acre parcel legally described as ~ \at part of Lot 1, lying south of the north 170.00 feet thereof, Block 2, Andover Community -Shopping Center, according to the plat on file in the office of the County Recorder, Anoka County, Minnesota; 2) A variance from Ordinance 8, Section 6.02 as to the side yard setback. This variance will allow for a zero lot line; 3) A variance from Ordinance 10, Section 14 to allow Mr. Rademacher to file and record the lot legally described as The North 170.00 feet of Lot 1, Block 2, Andover Community Shopping Center, according to the plat on file in the office of the County Recorder, Anoka County, Minnesota. The variances are recommended for approval for the following reasons: 1) They are necessary to the reasonable use of the land; 2) They will not adversely affect the existing or proposed use of the adjacent land; 3) They do not violate the intent of the Comprehensive Plan and are consistent with the overall plan submitted to the city, i.e., Anoka County Soil Conservation plans and subsequent approval.; 4) There was no public opposition and no comments from the City Engineer. Motion carried unanimously. This will go to the City Council on January 20, 1981. At this time a gentleman from the audience asked to make some comments regarding the Connie Marek lot split. Ingo Schalwig, 13725 Eidelweiss Street N.W. - stated that he was told several months ago that this particular lot could not be split. (Chairperson Bosell noted that at the time he was told that, the zoning was such that it couldn't be split. However, the property has since been rezoned and can be split.) Mr. Schalwig questioned whether the new lot would now be assessed for the blacktop street as the property owners in the area were charged for it. It was suggested that he take that matter up with the City Council. (Recess 8:45 - Reconvene 8:55) Scenic River Ordinance (Comm. #9-78-6) Chairperson Bosell noted that a letter has been received from the Department of Natural Resources requesting several items be changed in our ordinance. Item 2- Section 5.02.0l(2)(a)- should be changed from ''Future Subdivisions" to ''Newly Created Lots" . Item 3 A new map showing the scenic river designation will be drawn up and sent to the DNR. Item 1 - Section 5.02.01(1) - Chairperson Bosell noted that if we reduce the size of non- riparian lots to 2~ acres, the DNR wants 300 feet of frontage on each lot. Commissioner Anstett felt that we should go along with 4 acres for both riparian and non- riparian lots. Commissioner Apel noted that the Commission already made their recommendation and all that needs to be done now is to satisfy the red tape. MOTION by Kishel, seconded by Apel that the Recording Secretary make a formal request to the DNR for amending Section 5.02.01(1) regarding the intent of our motion dated October 21, 1980, i.e., requiring 2~ acres with the minimum width of 300 feet on the river because in our prior recommendation it was our intent to include that in our ordinance. The reason we originally r-\opted the 2~ acre minimum was to be consistent with the surrounding municipalities, township, \--~ the County of Anoka as to size and width along the scenic river. Vote on motion: Yes - Kishel, Apel, Bosell, Lobb. No - Anstett, Scherer Planning and Zoning (\missi{-~~1eeting December 23, 1980 - M1.~utes \.-' Page 5 '1 l"'J o ,~~scussion: Commissioner Anstett didn't feel that 2~ acre lots are sufficient for rural or ( i;enic areas. Chairperson Bosell noted that by voting no, Commissioner Anstett is in conflict -with the Comprehensive Plan that she recommended we adopt. Commissioner Scherer stated that scenic river doesn't mean anything - you are treating the river lots just like any other lots. Earth Home Ordinance (Comm. #12-80-3) Chairperson Bosell noted that the Recording Secretary has ordered a book regarding earth homes from the U.S. Department of Housing and Urban Development which will help in writing this ordinance. This book has not been received as yet. Inasmuch as Commissioner Scherer has quite a lot of information on earth homes, he was requested to share it with the Commission. He also knows a man who will attend one of the Planning Commission meetings to discuss earth homes. This item will be continued until such time as Commissioner Scherer can get his material together. Commissioner Lobb asked if this would lead to an ordinance on solar heating. Chairperson Bosell noted that at the present time there is nothing in the state regarding solar heating. Commissioner Lobb was requested to gather together any material available regarding solar heating. Ordinance 8 Sections 4. - and 3.02 Comm. ff12-80-4 Commissioner Kishel stated that the reason this is on the agenda is because one of the Councilmen felt the Commission was being too restrictive in its decisions on accessory build- ings. Chairperson Bose11 noted that the Commissioners should determine if they're being consistent in their recommendations. Commissioner Lobb stated that the Commission was being too lenient. Commissioner Anstett noted that according to the City Council minutes, Councilman Lachinski stated that perhaps on larger lots we could allow a garage to be located closer to the front lot line than the house. The Commissioners were asked to review variances that were approved and denied in the past to determine if any changes needed to be made in the ordinance. , This will be continued to January 13, 198&. MOTION by Lobb, seconded by Anstett to adjourn. Motion carried unanimously. Meeting adjourned at 9:40 P.M. Respectfully submitted, U./d; .,n.,cki Volk ..... ._:cording Secretary