HomeMy WebLinkAboutApril 10, 1979
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REGULAR PLANNING & ZONING COMMISSION MEETING
April 10, 1979
AGENDA
Call to Order
Approval of Minute s
1. Comm.# 2-79-3
Countryview Estates Preliminary Plat
(Continued Public Hearing)
2. Comm.# 3-79-5
Faddler Lot Split
3. Comm.# 3-79-7
Swimming Pool Ordinance
4. Comm. # 4-79-1
Wayne Friday Lot Split
5. Comm. # 9-78-6
Rum River Ordinance Discussion
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REGULAR PLANNING AND ZONING COMMISSION MEETING
APRIL 10, 1979
MIrWTES
The Regular Meeting of the Andover Planning and Zoning Commission was called to order
at 7:30 p.m., by Chairman d'Arcy Bosell on April 10, 1979, at the Andover City Hall,
1685 Crosstown Boulevard NW, Anoka, Minnesota.
Commissioners Present: Byron Copley, Ralph Kishel, George Lobb, Richard Okerlund
Commissioners Absent: Jeannine Pyron and Larry Retzlaff
Also Present: Dave Pillatzke and Mark Schumacher, TKDA Engineers; and others
Approval of Minutes
March 27, 1979:
Page 3, third line from bottom: ...because there aren't many trees on the ~...
(not lot)
MOTION by Kishel, Seconded by Lobb, to approve the Minutes as corrected. Motion
carrled unanimously.
Countryview Estates Preliminary Plat (Continued Public Hearing) (Comm. #2-79-3)
Tom O'Malley reviewed the revised preliminary plat dated April 4, 1979, showing minor
engineering changes. He has taken the drainage easement out of Lot 4, Block 4 altogether.
This changed the shape of the drainage easement of Lot 3 of Block 5, as there is a holding
pond of only a few feet deep shown on the grading plan. He has also changed the shape
of the drainage easement on Lots 1 and 2 of Block 3, which will still allow the drainage
to flow through the natural swale of Block 2 through the pine trees. The other limits
of the drainage easement are sufficient to include all the area which would be inundated
by the 100-year flood. The side-yard setback of Lot 1 of Block 5 was changed to be set
back from the temporary cul-de-sac. Dwelling symbols were added with proposed minimum
main floor elevations. The side yard setbacks on 181st Avenue NW needs to be moved 10
feet on the grading plan. It is shown correctly on the preliminary plat.
Mr. Pillatzke reviewed the TKDA letter of April 6, 1979, pertaining to the soil borings
and perculation tests and the dedication or right of way forthefuture MSAH #104. Mr.
Schumacher also referred to the TKDA letter of April 10, 1979, relative to the Road
Improvement Committee's recommendation that no right of way for the proposed MSAH #104
be required from this plat. Mr. O'Malley testified that the soil borings and perculation
tests have been done this week; however, the results are not yet available. Mr. Pillatzke
stated that because this is not in an area of high water table or questionable soils, that
it can be assumed that the soils are suitable for septic systems and street placement in
this area; and he recommended approval of the plat prior to receiving the results of
those tests. He also explained that in looking at the topography of the land and the
trees involved for ditching as he proposed at the last P & Z meeting, from an engineering
standpoint the water flowing over that large area would not be hindered in any way or be
detrimental to that lot (Lot 2 of Block 3); therefore, the drainage easement as now
proposed on the preliminary plat would be acceptable. On Lot 3 of Block 5 the developer
is planning to excavate suitable storage for retention, which is adequate and has allowed
for the 39,000 square feet of contiguous land for building as well.
r~ MOTION by Lobb, Seconded by Copley, to close the Public Hearing on Countryview Estates.
~~ Motlon carried unanimously.
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Regular Planning and Zoning Commission Meeting
April 10, 1979 - Minutes
Page 2
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(Countryview Estates Preliminary Plat, Continued)
MOTION by Lobb, Seconded by Copley, that the Planning and Zoning Commission of the City
of Andover recommends to the Andover City Council approval of the Preliminary Plat for
Countryview Estates located in the East half of the Northwest Quarter of Section 4,
Township 12, Range 24, Anoka County, Minnesota. The Commission recommends approval based
on the fOllowing reasons: 1) The Public Hearing was held and there was no public
opposition; 2) The Plat meets the Ordinances ot the City and is in conformance with the
Comprehensive Development Plan; 3) The P+anPR~s been reviewed by the City Engineer;~
4) The Commission has received the decision of the Park and Recreation Commission as '1.~{7q
to park fees; $7,200; 5) The time of the year dictated that soil and perculation I
tests could not be done sooner. These tests have now been done and we are awaiting the
results. Due to the topography and known soil types of the area, we feel we can ree-
ommend approval at this time prior to receiving results of these tests; 6) That the
Road Improvement Committee has decided that the current alignment of MSAH #104 is not
a desirable alignment and, therefore, no right of way for this street should be re-
quired from the plat; 7) There are no variances needed for this plat; 8) A letter
from the Minnesota Pipeline Company was received voicing no opposition to the plat
across their easement; and 9) A letter from the Anoka County Highway Engineer was
received granting approval for Eidelweiss onto County Highway No. 58.
Motion carried unanimously. This will be on the May 1 City Council Agenda.
Wayne Friday Lot Split (Comm.#4-79-1)
Mr. Friday reviewed his proposed lot split of 14.98 acres located on the corner of
Crosstown Boulevard, the west side of Prairie Road. He proposed the northerly parcel
would be 3 acres with 810 feet of frontage along Prairie Road and the southerly parcel
would be 11.98 acres with 293 feet of frontage on Prairie Road.
Discussion noted that the southerly parcel would require either a variance from the Lot
Split Ordinance or dividing the two parcels with a diagonal line to provide the re-
quired 300 feet of frontage for the southerly parcel. The property is zoned R-l. It
was generally felt that to angle the border to obtain the required 300 feet would
complicate the legal description; and because the lots are large enough in acreage to
meet the intent of the ordinance, it was felt that the additional 7 feet of frontage
is not critical and that providing a variance for the larger southerly lot as to lot
frontage would be acceptable.
During further discussion it was discovered that the legal description of the property
was incomplete and that the dimensions as proposed on the sketch plan were inaccurate.
It was felt that the property as it faces Prairie Road was actually 1270 feet long and
that both proposed lots would have the necessary front footage; therefore no variance
on the southerly proposed parcel would be required. Parcel 200 should be stated as an
exception in the legal description of the property; this was omitted in the description
presented to the Commission.
It was recommended that Mr. Friday obtain a copy of the half-section map and sketch his
proposed lot split on it, which would then be drawn to scale, and that the legal
description needs to be corrected prior to bringing this before the City Council.
MOTION by Copley, Seconded by Lobb, from the Andover Planning and Zoning Commission
that we recommend to the City Council that we grant a Lot Split for Wayne Friday on the
property described on the attachment, for the following reasons: 1) It is in conformance
with the Comprehensive Plan; 2) There are no variances; 3) It meets the requirements
of Ordinances No. 40 and 40A; 4) There is no adverse affect on the health and welfare
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Regular Planning and Zoning Commission Meeting
April 10, 1979 - Minutes
Page 3
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(Wayne Friday Lot Split, Continued)
of the residents; 5) It is in an R-l zone and meets the requirements of R-l zoning;
6) Note the strip of land on the north portion of the property fronts on Prairie Road
and cannot front on Crosstown; therefore, it would not need 300 feet of frontage; 7)
This property has not been split in the last three years; and 8) Section 5 of Ordinance
40 states on a lot split with a lot over five acres, there would be no park fee; but
the 3-acre parcel is under the five acres, so therefore may require a $100 park fee.
Motion carried unanimously. This will be on the May 1, 1979, City Council Agenda.
Swimming Pool Ordinance (Comm. #3-79-7)
Chairman Bosel1 noted she had called the League of Municipalities; however, she has not
yet received the information they were to send her. Commissioner Copley suggested
contacting the major swimming pool companies for their input. Discussion noted that
according to the definition, hot tubs would be considered swimming pools, and so would
pails, tubs, barrels, etc., filled with 24 inches of water even if it was only a square
foot of area. It was also noted that sometimes hot tubs have a lid on them -- would a
fence need to be required in this case? This item was continued to the next regular
Commission meeting.
Rum River Ordinance Discussion (Comm. #9-78-6)
Discussion was on the changes to the proposed Ordinance as noted by the DNR. The
following changes were agreed upon by the Commission:
Page 3, (2) Bluffline, second line to read: ...at which the slope becomes more than 12
percent. . .
Page 4, (11) Lot, change to: Lot shall be considered to be an individual building site
which shall be occupied by no more than one principal structure equipped with sanitary
facilities, together with such open spaces as are required under the provisions of
Andover's Zoning Ordinance, having not less than the minimum area required by Andover's
Zoning Ordinances for a building site in the district in which such lot is situated and
having its principal frontage on a public street.
Page 5, (20) Setback, delete the last three words of the definition to read: ...Distances
are to be measured from the most outwardly extended portion of the structure.
Page 6, add: (22) Single Family Dwelling: means a detached building containing one
dwelling unit.
The numbering system of the definitions would then be changed to: (23) for "Structure";
(24) "Subdivision"; (25) "Substandard Use"; (26) "Variance"; (27) "Wetland".
Page 8,5.03.02, change to: If in a group of contiguous lots under a single ownership,
any individual lot does not meet the lot width requirements of this ordinance, such
individual lot cannot be considered as a separate parcel of land for purposes of sale or
development, but must be combined with adjacent lots under the same ownership so that the
combination of lots will equal one or more parcels of land each meeting the lot width
requirements of this Ordinance, except that such lots which meet or exceed 60 percent
or more of the lot width standards of this ordinance may be considered as a separate
parcel of land for the purpose of sale and development if on-site sewage disposal
systems can be installed so as to comply with this, and other, local ordinances.
Page 10, 7.01.01, second from last line, add: ...Pollution Control Agency (6MCAR
Subsection 4.8040 Individual Sewage Treatment Systems Standards), the Minnesota
Department of Health...
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Regular Planning and Zoning Commission Meeting
April 10, 1979 - Minutes
Page 4
(Rum River Ordinance Discussion, Continued)
Page 13, 8.02.02, change to: Any activity which will change or dimish the course,
current or cross-section of any public waters, including but not limited to, filling,
excavating, or placing of any materials in or on the beds of public waters is prohibited
unless authorized by a previously obtained permit from the Commissioner of Natural
Resources pursuant to Minnesota Statute Section 105.42. Public waters shall be as
defined in Minnesota Statute Section 105.38.
Page 13, 8.02.03, change to: Drainage or filling in of wetlands is not allowed within
the land use district designated by this ordinance.
Page 13, 8.03.01, change to: All utility transmission crossings of land with the
Rum River land use district shall require a conditional use permit. With respect to
electric power utility transmission crossings, a conditional use permit shall be required
for crossings of 69 kilo-volts thru 200 kilo-volts. No conditional use permit shall be
required for high voltage (200 kilo-volts or greater) transmission lines under control
of the Environmental Quality Council pursuant to Minnesota Statutes, Section 116C.61.
Page 14, 9.01.01, last sentence, change to: ...is capable of supporting a sewage treatment
system of the type recommended by the Minnesota Pollution Control Agency's standard for
individual treatment systems.
Page 16, 10.02.03 (3), correct last line: ...the minimum lot width requirements
(Section 5.02.01 (3) of this ordinance.)
Page 18, 10.06.01, change to: A copy of all notices of any public hearings, or where a
public hearing is not required, a copy of the application to consider issuance of a
conditional use permit shall be received by the Commissioner at least thirty (30) days
prior to such hearings or meetings to consider issuance of a conditional use permit.
A copy of the decision shall be forwarded to the Commissioner within ten (10) days of
such action.
Page 18, 10.07.02 (1), third line, change to: ...under local ordinance shall be received
by the Commissioner at least thirty (30) days prior to such hearings...
Last sentence to read: The notice of application shall include a copy of the proposed
ordinances or amendment, or a copy of the proposed inconsistent plat, or a description
of the requested variance.
Page 19, (3) (b), to read: Thirty (30) days have elapsed from the day the notice of the
decision was received by the Commissioner.
Page 20, on the chart, 6 lines down: Action necessary across from Conditional Use
Permit, General Conditional Use, add: PH - FD. Line 7 should be: Conditional Use
Permit for private recreational developments. That Action Necessary should be: PH - CC.
The ordinance will need to be retyped and a public hearing will have to be held.
Chairman Bosel1 will ask the City Clerk to place the public notice of the hearing.
Faddler Lot split (Comm. #3-79-5)
Because the applicant was not present for the last two meetings, it was recommended
that the City Clerk write a letter advising him that this item will be removed from
the Commission Agenda until we hear from him further.
MOTION by Lobb, Seconded by Okerlund, to adjourn. Motion carried unanimously.
Meeting adjourned at 9:20 p.m.
'~ pectfully' sUbm~ r
Mar la A. Peach ~
Recording Secretary