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HomeMy WebLinkAboutJune 12, 1979 " \ '--.J :' \ I. ) \ U (~ ., C,-fV of ANDOVSClU REGULAR PLANNING & ZONING COMMISSION MEETING JUNE 12, 1979 7:30 P.M. Call to order Approval of Minutes 1. Comma #1-79-5 2. Comm. #2-79-1 3. Comma #5-79-2 4. Comma #5-79-6 5. Comm. #5-79-8 6. Comma j}4,-79-5 7. Comma #6-79-2 8. Comma #9-78-1 u Comprehensive Plan Review with Hidwest Planning Hoodland Terrace Continued Public Hearing Andrew Knoll Lot Split v/ Stanley Skoog Variance V Christine Haluptzok Road Location ~ Paul Harystone Lot Split ~ Palmer Levenhagen Variance ........' Ron Smith/Registered Land Survey/Continued Public Hearing .' .' o 0 0 0 ~ 01 ANDOVER o 168'5 e...~~(.,.... f!1t..d. 1t. 'kI. . rI~, 1Iet-'~'(4 553tJ3 P'-e (6121 755-51tJtJ REGULAR PLANNING AND ZONING COMMISSION MEETniG JUNE 12, 1919 MINIrrES The Regular Meeting of the Planning and Zoning Commission was called to order at 1:31 p.m., by Chairperson d'Arcy Bosell on June 12, 1919, at the Andover City Hall, 1685 Crosstown Boulevard NW, Anoka, Minnesota. Commissioners Present: Byron Copley and George Lobb Commissioners Absent: Jeannine' Pyron, Ralph Kishel, Richard Okerlund, and Larry Retzlaff Also Present: Mark Schumacher from TImA, Dave Licht, Andrew Knoll, Stanley Skoog, Christine Palmer Levenhagen and others Lawrence Carlson, Haluptzok, Paul Marystone, Approval of Minutes May 22. 1919: Page four, the spelling of representative should be corrected. A' I "J C V1~ b,J Page four, bottom of first paragraph, the spelling of dealt should be corrected. ;+ Page six, where !:6 says, Commissioner Lobb asked if this is where he figures his preliminary will be, Commissioner Lobb would like to add for clarification, (See location map from the Strawberry Commons Feasibility Study). /+ Page seven, where is talks about the random survey conducted by Delano Skeim, it should be added for clarification, that the total survey consisted of 61 people. MOTION by Lobb, Seconded by Bosell, that we accept the Minutes with these corrections. Motion carried by Bosell and Lobb. (Copley could not vote having not been present at the last meeting.) Comprehensive Plan Review with Midwest Planning (Comm. #1-79-5) Dave questioned the statement about the'~.5 acre maximum or minimum. Chairperson Bosell stated that she thinks everyone Th pretty comfortable with this for various reasons. The other comment Dave questioned was pertaining to proposed zoning districts. d'Arcy stated that the reason for the "blend to present land designation" comment was because they add so many different districts, suggesting the addition of so many districts, but the ordinances don't lend to that right now. Dave felt that he would like to respond in writing and maybe have something to the Commission by the meeting of the 26th of June. d'Arcy stated that if everything 'Would go well the Commission would draft an addendum as needed to the draft and send that on to the City Council, rather than redo the whole thing. o Commissioner Retzlaff was present at this time. o o 00 Planning and Zoning Collllllission Meeting Minutes - June 12. 1979 Page 2 c=) Woodland Terrace Continued Public Hearing (Comm. #2-79-1l Chairperson Bosell reopened the public hearing. Lawrence Carlson, 17750 Aztec, Andover - stated that since the last meeting, the ponding area has been removed. Mr. Carlson said that he would be willing to go wi th the suggestion of Mark SchUlllacher of the need for a stub road leading to the church property. If this is requested by the Collllllission, it would be across from the stub road at Meadow Creek Estates. Mr. Carlson then remarked on the need for the service road. He stated that the County did not feel it necessary, nor did the engineers stress the need for one. Chairperson Bosell read the resolution on record and understands that to mean that when the need arises that the service road would be constructed on the church property. It was felt at this time that TIDA would do a report on the necessity of a service road in Woodland Terrace. Mr. Carlson showed the Collllllission the letter he received from Paul Ruud. Chairperson Bosell suggested that the 75 feet be increased to 80 feet. The Cotmnission agreed that the service road would not be in orderly' planning. Mr. Carlson told the Commission that there had been a meeting at his office about the drainage problem with the community represented by nUlllerous people, with the idea to find out if there could be an overall drainage program. It was understood that TImA would complete the drainage study on this. Mark Schumacher stated that TKDA is still putting together their evaluation of the one well system, but advised the Collllllission that in talking with the health department they do not feel there is any undue hazard or potential for contamination through such a well. Mark recommended that if wells are going to be the source of water supply' for the urban area, then this should be written up in policy, and regulations to do with well construction and so on should be adopted and brought into code. Chairperson Bosell suggested that the public hearing be continued for the preliminary plat and stated that the chair would be open for a motion on the rezoning. A recess was taken at 8:50 p.m. and reconvened at 9:05 p.m. IDTION by Retzlaff, Seconded by Lobb, that the Andover Planning and Zoning Commission recommend approval of the rezoning by Lawrence B. Carlson for the property as described (insert legal description) from an Rl zone to an R4 zone for the following reasons: 1) That the property has City improvements, City sanitary sewer available to it and is suited for R4 zoning; and 2) Mr. Carlson's proposed subdivision would meet the lot size requirement of R4 and would conform to the surrounding planned use of the land; and 3) That the proposed rezoning is in conformity with the Comprehensive Plan of the City of Andover. 4) That a public hearing was held and no strong opposition of the rezoning was presented. Discussion: Chairperson Bosell questioned that the property has City sanitary sewer available and stated that it does not at the present time, it needs to be extended. Cotmnissioner Retzlaff said that reason No. 1 should be restated to say, Rezoning would be contingent on the availability of City sanitary sewer to this property. Second still stands with this change. (J Motion carried unanimously'. This will go to the City Council on July' 11th. o o 00 ~ u Planning and Zoning Commission Meeting Minutes - June 12, 1979 Page 3 MOTION by Copley, Seconded by Retzlaff, that the Andover Planning and Zoning Commission recommend approval of the Special Use Permit for the Woodland Terrace Preliminary Plat relating to the fOllowing described premises (insert legal description) for the following reasons: 1) The Special Use Permit is being requested for the purpose of receiving approval for a planned unit development and including variances from the provisions of the Zoning Ordinances including uses, setbacks, heights and similar regulations (reference sketches proposed for quads & twin homes). 2) That the proposed variance would be in conformity with the plan of the preliminary plat. 3) That a public hearing was held and that there was no opposition to the Special Use Permit. 4) That the proposed use is not detrimental to the health, safety and welfare of the public. 5) It is not incompatible with the Comprehensive Plan. Discussion: Chairperson Bosell questioned reason No.2. Commissioner Retzlaff suggested that reason No.2 state: A complete detailed plan has been submitted as to lot layout and that a PUD of this configuration is consistent with that site plan. Commissioner Copley agreed that this language should be used in reason No.2. Reason No.4 should have added to it: This would not be detri- mental to the adjacent property values. Motion carried unanimously. This will go to the City Council on July 11th. Mr. Carlson stated at this time that he would like some type of disposition on the preliminary plat so that this too can go before the City Council. The Commission felt that there were too many engineering matters to be resolved. before it lIould be sent on to City Council. Mr. Carlson stated that he is looking for an approval of the plat with the condition that it is subject to drainage that meets the stan- dards set forth by the city engineer, just an okay of it. The Commission still felt strongly that there were too many contingencies to deal with. MarION by Retzlaff, Seconded by Lobb, that the Andover Planning and Zoning Commission recommend to the City Council conceptual approval of concept design for Woodland Terrace as described in the preliminary plat for the follOWing reasons: 1) The concept of this plat is in conformity with the Comprehensive Development Plan of the City of Andover; 2) That if the City Council is in agreement with this, they can forward it back to the Planning and Zoning Commission with the recommendation to continue in the preliminary plat sequence. Motion carried l1n~nimously. This will go to the City Council on July 11th. Chairperson Bosell continued the public hearing of Woodland Terrace to the next meeting. Andrew Knoll Lot Split (Comm. #5-79-2) 1$osEl-L- ChairpersonAasked Mr. Knoll if he had the dimensions of the new lot. Mr. Knoll stated that road frontage on Round Lake Boulevard for the new lot is 290 feet, the depth 510 feet along the north lot line and the other dimensions would be .the boundaries of the ditch. Chairperson Bosell noted that the lot split lIould need a variance because of the dimension of the rezoned lot would be less than 300 feet. Mr. Knoll was informed by the Commission that the lot split lIould make the one lot subject to the $100 park fee because it is less than five acres. -"\ V MOTION by Lobb, Seconded by Copley, that the Andover Planning and Zoning Commission recommend to the Andover City Council approval of the lot split for Andrew Knoll o o u .'\ U Planning and Zoning Commission Meeting Minutes - June 12, 1979 Page 4 o Andrew Knoll Lot Split cont'd. described as follows: Description of Andrew J. Knoll Homestead (2.5+ acres on County State Aid Highway No.9): That part of the North Hall of the Southwest Quarter of the Southwest Quarter of Section 16, Township 32, Range 24, Anoka County, Minnesota, described as follows: Commencing at the southwest corner of said ~ of ~ of ~; thence NortherJy along the West line thereof for a distance of 370 feet to the point of beginning of the tract herein described; thence EasterJy at right angles for a distance of 275 feet; thence NortheasterJy to a point on the North line of said N ~ of SW ~ of SW ~ distant 510 feet EasterJy of the Northwest corner thereof; thence WesterJy along said North line to the Northwest corner of said N ~ of SW ~ of SW~; thence SoutherJy along the West line of said N ~ of SW ~ of SW ~ to the point of beginning and there terminating. Legal description of part to the east to be split from homestead: North Hall of the Southwest Quarter of the Southwest Quarter of Section 16, Township 32, Range 24, Anoka County, Minnesota, except the following described land: Beginning at the Southwest corner thereof; thence NortherJy along the West line for a distance of 275 feet, more or less, to a point distant 2 feet West of the West bank of a drainage ditch as now laid out and established; thence in a SouthwesterJy direction parallel with and distant 2 feet WesterJy of the WesterJy bank of said ditch to the point of intersection with the South line of said N ~ of the SW ~ of the SW~; thence WesterJy along the said South line for a distance of 60 feet, more or less, to the point of beginning; And except the following described land: Commencing at the Southwest corner of said N ~ of SW ~ of SW~; thence NortherJy along the \-lest line thereof for a distance of 370 feet to the point of beginning of the tract herein described; thence EasterJy at right angles for a distance of 275 feet; thence NortheasterJy to a point on the North line of said N ~ of SW ~ of SW ~ distant 510 feet Easterly of the Northwest corner thereof; thence Westerly along said North line to the Northwest corner of said N ~ of SW ~ of SW~; thence SoutherJy along the West line of said N ~ of SW ~ of SW ~ to the point of beginning and there terminating. for the following reasons: 1) All the necessary provisions of the lot split ordinance have been complied with; 2) The Commission finds that the lot split is in conformance with the City's Comprehensive Development Plan; 3) The Commission finds that it does not interfere with orderly planning and is not contrary to public interest; 4) Such lot split does not nulify the intent of the ordinances of the City of Andover; 5) The Commission recoMlllends the imposition of the $100 park fee for the lot split; 6) A variance on the frontage because it does not meet the )00 foot frontage requirement; 7) The applicant does not own the adjoining property to allow him to increase that frontage to meet the ordinances. Discussion: It was advised by Chairperson BoseIl that there should be something saying that the lot split would be contingent upon approval frem the County engineer. L.r:rss Commissioner^requested that it should be added: This lot split be contingent upon the approval of Anoka County being that it is on County Road 9. Second still stands. Motion carried unanimousJy. This will go to the City Council on JuJy 11th. o Chairperson recommended to Mr. Knoll that he take the drawing and legal to the County Engineer's Office and ask for a written response to be sent directly to City Hall. o o (J o Planning and Zoning Commission Meeting Y.d.nutes - June 12, 1979 Page 5 o Stanley Skoog Variance (COIlllll. #5-79-6) Stanley Skoog, 158th Avenue N.W. - stated that he recently had a home built and the garage is over a thousand square feet and said that Dave told him that he would have to have a variance on it. The dimensions of the garage are 301 by 401. Mr. Skoog stated that the garage is already built, but if he had the variance, he llou1d not have to put in an additional fire wall. The Commission inquired of Mr. Skoog if he would be doing any heavy maintenance in the garage and Mr. Skoog ^ -I- # replied that he would not, maybe some day would be constructing an airplane. ~ The Commission came to the conclusion that this should be looked at the the City {, .;,} (, . 7f Building ~r who enforces the Uniform Building Code. b'f :J:rJsfec.+CR.... !-IOTION by Retzlaff, Seconded by Lobb, that the Planning and Zoning Commission of Andover recollllllend to the City Council that the Stanley Skoog Variance is not detrimental to the health, safety and welfare of the City of Andover. But that the Planning and Zoning Commission recollllllend that the City Council seek the advice of the City Building Inspector who is charged with the enforcement of the Uniform Building Code rather than the Planning Commission enforcing the Uniform Building Code. Commissioner Retzlaff llou1d like to have added to the first reason; ...not detrimental to the healthj safety and welfare of the City of Andover or the existing use of the Rl zone. Discussion: Commissioner Retzlaff believes that this is a matter for the City's Building Inspector, not the Planning and Zoning Commission. Hotion carried unanimously. This will go to the City Council on July 11th. Chairperson Bosell recOlmlended to Mr. Skoog that he bring along the house plan to the City Council meeting and the pictures. Christine Haluptzok Road Location (Comm. #5-79-8) The Commission felt that the cul-de-sac length was too long. The minimum is 500 feet. Chairperson Bosell stated that in talking with the City attorney, he said that this would be a metes and bounds subdivision with a road easement, and the road is included. The Commission suggested that the road be changed from 60 feet to 66 feet in width. It was suggested to the Christine Ha1uptzok that she discuss with the neighboring landowner the pOSSibility of sharing the costs of the road. The Commission also suggested that MS. Haluptzok make the property subject to the the easement that would go to the south so that in the future, if this road were extended, that it could go through. The applicant is going to pursue some different alternatives in this matter and would like to come back before the Commission in two weeks. Paul Marystone Lot Split (COIlllll. #4-79-5) C) Chairperson Bosell stated that Mr. Mary-stone was before the COIllIIIission in May to kind of talk about his situation and what he wanted to do and has since made application for a lot split, wrote a letter explaining the reasons for the lot split and made up a drawing of it. He would like the Commission's reconunendation on the lot split at this time. The Commission advised Mr. Marystone that they would not recOlmlend approval for the idea of extending the unimproved roadway there. Mr. Karystone asked if they would recollllllend approval for a cul-de-sac. ,,'" "', ~ } --~ Planning and Zoning Commission Meeting Minutes - June 12, 1979 Page 6 o \, ) .~ o ..- ''\ Paul Marystone Lot Split cont'd. V The Collllllission was not totally favorable to either proposal of Mr. Marystone1 s. Cormnissioner Copley said that he would like to see a cul-de-sac at the end of Marystone !ane and stated that it would give Mr. Marystone more value of the land and also gives more land available to another property owner. The Collllllission recommended to Mr. }oI'.arystone that he redraw his proposal and fool around with different alternatives and come back before the Connnission in two weeks. Hr. Marystone agreed and will see the Connnission in two weeks. Palmer Levenhagen Variance (Comm. #6-79-2) Mr. Levenhagen stated because of an error on the part of the surveyors, the property on which he intended to put a garage would put the garage within two feet of the lot line. He stated that he could not put the garage behind the house because the land slopes rapidly to the east. The garage would be 22 by 26 feet. MOTION by Copley, Seconded by Lobb, that the Planning and Zoning Commission of Andover recommend to the City Council~Ogrant Palmer Levenhagen a variance on the construction of a garage to be placed two feet from the lot line for the following reasons: 1) As a result of a survey that was in error and now has been corrected, initial plans for the construction of the grounds would have placed it within the normal setback but due to the correction in the survey, he now cannot go through wi th that unless he is granted this variance and creates a hardship on him financially} 2) It does not appear to have adverse affect on the property to the south, to the value, safety, welfare of that property owner; 3) Nobody is here contesting; 4) The topography of the land is such that to place the garage behind the house and to the east, would create an undue hardship on Mr. Levenhagen so that the ~nly place feasible :for him to construct a garage is next to the house. ,,-5 1-1i0 D 11 Motion was carried on a three-lEers vote. This will go to the City Council on ~. ,." July 11th. MarION by Copley, Seconded by Lobb, to adjourn this meeting. Meeting adjourned at 12:05 a.m. Mary H. !riley Recording Clerk ,-" ;'-....)