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HomeMy WebLinkAboutJune 26, 1979 o o 00 ~ 01 ffi\""DOV[lfl .- -, , I '--' 16~5 ~ Z~ 1t.1P, . A-.ia, ~ 55303 7'~ (612) 755-5100 REGULAR PLANNING AND ZONING COMMISSION MEETING JUNE 26, 1979 7:30 P.M. Call to order Approval of minutes l. Cormn. #9-78-6 2. Cormn. lf1-79-5 3. Comma #5-79-7 4. Comma #4-79-5 5. Cormn. lf5-79-3 6. Cormn. lf5-79-6 7. Comma #5-79-8 8. Cormn. #6-79-3 9. Cormn. #3-79-7 I~) Rum River Ord inance Comprehensive Plan Review with Midwest Planning Rosella Sonsteby Vacation of Easement Public Hearing Paul Marystone Lot Split Lake Ridge preliminary Plat Public Hearing Stanley Skoog Variance Christine Haluptzok Road Location Terra Firma Estates Swirmning Pool Ordinance . o 0 0 0 ~ 01 ANDOVER o 16r5 e'f~u(~"',, 1!Jtv4. 1t.1eI. . ,4~, '?Hi-e,./14 553()3 iD'-e (612) 155-51()() REGULAR PlANNING AND ZONING COMMISSION MEETING JUNE 26, 1979 MINUTES The Regular M:leting of the Planning and Zoning Commission was called to order at 7:30 p.m., by Chairperson dlArcy Bosell on June 26, 1979, at the Andover City Hall, 1685 Crosstown Boulevard IDl, Anoka, Minnesota. Commissioners Present: Byron Copley, Ralph Kishel, Richard Okerlund, George Lobb and Larry Retzlaff Commissioner Absent: Jeannine Pyron Also Present: Mark Schumacher of TKDA, Rosella Sonsteby, Lawrence Carlson, Christine Haluptzok, and others Approval of Minutes June 12, 1979: Page 1, Approval of Minutes referring to Page 7, should be it instead of is. Page 1, Comprehensive Plan Review, Chairperson Bosell stated that she thinks everyone is rather than if. Page 2, Woodland Terrace, delete the sentence, The Commission agreed that the service road would not be in order ly planning. Page 5, Stanley Skoog Variance, the last sentence should be corrected to say, The Commission came to the conclusicn that this should be looked at ~ the City Building Inspector. Last page, referring to the vote under Palmer Levenhagen Variance, the vote should be corrected to a 3 yes - 1 no vote. J.mION by Lobb, Seconded by Retzlaff, to approve the minutes as corrected of June 12, 1979. Vote on motion: yes - Copley, Lobb, Retzlaff and Bosel1; present _ Kishe1 and Okerlund. Motion carried. Rum River Ordinance (Comm. #9-78-6) Chairperson Bosell referred to Section 10.02.02 where it talks about the district shall be brought in conformity or discontinued within five years. She stated that this language could be eliminated within five years of the date of enactment of this ordinance and insert instead, conformity or discontinued within the time frame specified in Ordinance 37 Section 2A and Section 3C3 of our ordinances~ and then that eliminates the necessity for the five year limit. o Commissioner Retzlaff stated that in reviewing seven other Citys' ordinances he found them to be very close to ours when referring to single family dwellings. o o ( 1 ~ o o Planning and Zoning Commission Meeting - June 26, 1979 - Minutes Page 2 (Rum River Ordinance cant'd.) He proposed the following definition for mobile homes: A housing unit designed for transportation after fabrication on streets or highways on its own wheels or a flatbed trailer to the site, where only minor assembly operations are necessary. The following is the proposed definition for modular homes: A non-mobile housing unit that is basically fabricated at a central factory and transported to the building site where final installations are made permanently affixing it to the site. Ordinance 3.01 at:_the_beginning will read, Establish a scenic river district along the bluffland and shoreline of the Rum River as required by NR2700. Commissioner Retzlaff will prepare a map showing the scenic river district to be sent to the Commissioner along with the ordinances. Chairperson Bosell noted Section 5.02.01, subsections 2 and 3 and stated that the lot width at the building line needs to be changed to 300 feet and the lot width at the ordinary high water mark needs to be changed to 300 feet. Also later in an amendment to that Section where it talks about 60 percent of the lot width, would then make the 60 percent 180 feet rather than 150 feet. It would be recommended that Section 8.04.01 have added to it a reference to our standards in the ordinance. It was recommended by the City Attorney that Section 10.09.03, last page, the whole subparagraph be stricken and let the common law that is on the books in the State control rather than amend. Section 7.01.02, fourth line down, it is the recommendation of the DNR and WPC40 that this read, Prior to issuance of any such permit, the City of Andover shall require that percolation-rate tests and at the discretion of the building official, soil boring tests be done on the proposed site. It is the recommendation of the Planning Commission that they would leave the requirement of 60 percent to apply both to width and to area for a lot. MOTION by Kishel, Seconded by Copley, that the Planning Commission have the changes incorporated into a draft and send it back to the City Council, sending the changes an an addendum to the proposed Scenic River Ordinance. Motion carried unanimously. This will go to the City Council on the 17th of July. Comprehensive Plan Review with Midwest Planning (Comm. #1-79-5) Chairperson Bosell stated that she has talked with Dave Licht concerning the Comprehensive Plan with Midwest Planning and he has told her that they have a draft of an addendum coming to the Commission. It did not reach the Commission in time to deal with it tonight so he would like to meet with the Commission at some other time. It was agreed that there will be a special meeting on the 17th of July at 7:30 p.m. to discuss this matter. Rosella Sonsteby Vacation of Easement Public Hearing (Comm. #5-79-7) Chairperson Bosell stated that the Minnesota Statutes Book, 164.08, Subsection 12, says, The determination of a Town Board refusing to establish, alter or vacate any road shall be final unless appealed one year from the filing of its order. She didn't feel that the Commission could deal with this issue until after August 1, 1979, and understood this to be the interpretation of the City Attorney. o Paul Marystone Lot Split (Comm. #4-79-5) Neither Mr. Marystone nor anyone representing him were present. u u l(), C), " P all.._ng an ZonJ.ng CommJ.ssJ.on Meeting - June 26, 1979 - Minutes Page 3 ~__) Lake Ridge Preliminary Plat Public Hearinq (Comm. #5-79-3) The public hearing was opened by Chairperson Bosell. In going over the letter from TKDA, Mark Schumacher referred to Item No.1, which is Lot 6, Block 8 having less than 300 feet of frontage on Orchid Street. Mr. Carlson responded by saying that he will have to ask for a variance on that lot. Item No. 2 talks about the block between Orchid and Tulip on 152nd (Mark stated that should be 152nd Lane) exceeds the maximum block length of 1320 feet, it is approximately 1533 feet. Mr. Carlson says that there is a physical terrain problem here that they had to work with and this was the best way. This item would also need a variance. Mark went on to Item No.3, the curve between Orchid St. and 154th Lane having less than a minimum 200 foot radius. Mark stated that this could be corrected. Item No. 4 is similar to Item No.3, and Mr. Carlson says that this has already been corrected. It was pointed out to him that this should be noted on the street profiles. Mark mentioned that Item No. 5 was listed so that it would be taken into account on the final plat. He said it is difficult to note with this small of scale. Next, Item No.6, which also includes Item No.9, was dealt with. Mr. Carlson responded by saying that they are trying to get Parks a good access point because they felt that this was very attractive to them for the ball fields and sitting arrangements. If this is not acceptable, Mr. Carlson said they would have to cut the road short and probably turn and go north. Chairperson Bosell noted that this, if accepted, would also need a variance. Item No. 7 has been completed and Mr. Carlson will furnish copies for the City. (Bosell read the letter from the County Highway Engineer to the Commission) Item No. 8 is a new requirement of the City, to provide the total length of all streets in the plat. Mr. Carlson says that this will be done. Mark discussed Item No. 10 and said that the soil borings were fine. Item No. 11 will have to be dealt with after the Park Commission reviews it. Mr. Carlson stated that they were aware of the shortage and said they were agreeable with it. The final item is No. 12 and Mark said that he has received this information and will review it and be ready to make comments on it on the 10th of July. Mr. Carlson then went on to note the two new ponding areas proposed for the plat. There would be a ponding easement on Lot 3 of Block 1 and the other would be Lot 1 of Block 6. Both are low areas, and are in addition to the others. Chairperson Bosell reminded Mr. Carlson that this will have to be reviewed by the engineers. Mark answered by saying that this will be part of their review of the drainage. It was the feeling of Mr. Carlson that 155th and 156th have temporary cul-de-sacs and be dedicated to the City, but not constructed. Pat Ahern, 3620 157th Avenue N.W. - states that his property is adjacent to the Lake Ridge Development. He is concerned with the outcome of 155th and 156th. He states that if he were to develop he would run an angled road as it exists. Commissioner Retzlaff felt that 155th and 156th should be shown on the plat with temporary cul-de-sacs at the end and whether they are constructed would be determined by the City Council. Chairperson Bosell asked Mr. Carlson whether the closing on the land has taken place yet. o u u Planh]g anUoning Commission Meeting - June 26, 1979 - Minutes Page 4 ,. " o (Lake Ridge Preliminary Plat Public Hearing cont t d.) Chairperson Bosell listed items that need to be taken care of before this goes before the City Council: Mr. Carlson should either be listed as the fee owner or get a copy of the consent from the owners. The plat should note on it: the names of surrounding landowners, the type of surfacing on County State Aid 20 and County State Aid 9, the width of Tulip Street. The right-hand side should note the proposed use. Mr. Carlson should note on the plat which bUildings are staying and which ones he plans on removing. There was no further discussion on the part of the Commission, and no further input from the audience. Chairperson Bosell continued the public hearing on Lake Ridge Preliminary Plat to July loth. At that time Mr. Carlson will be back with all revisions. Recess taken at 9: 35 p.m. Reconvened at 9:50 p.m. Stanley Skoog Variance (Cemm. #5-79-6) Chairperson Bosell explained why this came back to the Planning and Zoning Commission. There are no provisions for a variance from the requirements of the Uniform Building Code. It is the recommendation of the building official that the firewall needs to be constructed. MOTION by Copley, Seconded by Okerlund, that the Planning and Zoning Commission reconsider the Stanley Skoog Variance. Motion carried unanimously. Discussion: Commissioner Retzlaff pointed out that in the motion made on June 12, for the Stanley Skoog Variance, there was no recommendation to approve or deny the variance. MOTION by Retzlaff, Seconded by Lobb, that the Planning and Zoning Commission in reconsidering the stanley Skoog Variance request concurs with the original recommen- dation of the City Council. Motion carried unanimously. Christine Haluptzok Road Location (Cemm. #5-79-8) MS. Haluptzok stated that they have talked with the adjoining landowners and said that they are agreeable to have the road put on the line. So this would be 33 feet on each side of the line. Chairperson Bosell stated that they should get a contract in writing confirming this with the adjoining landowners. She also said that in order to build on the back lot, the road would have to be constructed and dedicated. The front lot has the frontage right now and could go ahead and build with proper building permits. Mark added that unless they act on this now, the road will have to be blacktopped later (Mark said that normally construction should be wi thin one year). MS. Haluptzok was suggested to get in touch with the City Attorney, Bill Hawkins, and find out from him what type of an agreement from the landowners would be proper to convey easement of the land for the road. o It was the general concensus of the Commission that a variance will be granted for the 720 foot cul-de-sac with a stipulation that an easement the full length of the property for continuation on in the future be made. Terra Firma Estates (Comm. #6-79-3) Ed Hald., Terra Firma Estates, 406 Andall St. N.E. Lino Lakes - is a dealer for Trademark Homes, which are manufactured homes built to Uniform Building Codes of u (' u Planh....lg anQoning Commission Meeting - June 26, 1979 - Minutes Page S ") (Terra Firma Estates cont'd.) '-- the State of Minnesota, approved by the State Inspector, and comes with a State Seal. These homes are fully FHA approved and have all the same components that go in a stick-built house except they are built in a factory. He is asking for a variance to put this home in an Rl district opposed to an RS district. He is proposing to put this home in Green Acres. Commissioner Retzlaff suggested that we amend Ordinance 8 to clarify the difference between a mobile home and an alternate construction home. Retzlaff also felt that if we were to exclude this home because of catagorizing it as a mobile home, we would have a hard time upholding this in court. He referred to a New Jersey case in which the court found this to be a denial of due process and equal protection as guaranteed by State constitutions. Lloyd Reimann, 2813 142nd Avenue - is concerned with the value of his property depreciating because of a home of this type being built in the area. He says you can pick these type of homes out from a stick-built home and recommended that the Commission members drive down 142nd by his house and look at the home across the street to see the difference in appearance. Owen Jarot, 2613 l46th Lane N.W. - does not want matchbox homes built in the community because it is a devaluation to peoples property in his opinion. He wants to know if these homes will be comparable to the ones already in the neighborhood, and will they bring in low income families. He doesn't feel that homes of this type look presentable or right with respect to the other homes in the neighborhood. Mr. Jarot asked Mr. Maki about the different types of building materials used in these homes. Mr. Maki listed the different materials used, and Mr. Jarot was satisfied with them. Mr. Maki also stated that they must be built to Uniform Building Codes. The Building Inspector for Andover has classified these homes as mobile homes, but Commissioner Retzlaff pointed out once again that this is because of the definitions con- tained in the City's ordinances. The question was posed to the Building Official, Dave Almgren; If the same raw materials used in making these homes was brought in and assembled on the lot site, would this meet the building inspections and the codes? Dave said that there would be no problem with the building itself. There is an exception, however, as to the foundation. Jim Wheeler, 2557 140th Lane - feels that these types of homes stick out like sore thumbs in neighborhoods. He does not want another one like the one already in his neighborhood. He feels that they look like trailer houses. Dave Almgren brought in the plans for this type of home. Lloyd Reimann noted that these plans are for a rambler style home, and doesn't feel that the water table in this proposed area could handle this. He stated that there isn't a rambler in the neighborhood that doesn't have water in its basement every time it rains. This problem is controlled since only splits can go in this area. /, " ) '--" MOTION by Retzlaff, Seconded by Copley, that the Planning and Zoning Commission recommend to the City Council approval of the Terra Firma Estates Variance to locate a manufactured house in an Rl District as opposed to an R5 District for the following reasons: 1) The proposed use or action has been considered in relation to the specific policies and provisions of and being found to be consistent with the official City Comprehensive Land Use Plan; 2) The proposed use is and will be compatible with present and future land use i.n the area; 3) The proposed use conforms with all performance standards contained within (J / , ~) - ,-', r '\ ( Plari._{g an",'/~oning Commission Meeting - June 26, 1979 - Minutes Page 6 " -\ (Terra Firma Estates cont I d. ) '-) Ordinance 8; 4) The proposed use will not tend to or actually depreciate the area in which it is proposed. Vote on motion: yes - Okerlund, Retzlaff, Bosell, Copley, Kishel; no _ Lobb This recommendation will go to the City Council on the 17th of July, possible the 11th. Chairperson Bosell welcomed the public to express their views on this matter when it goes before the City Council. MOTION by Retzlaff, Seconded by Lobb, that the Planning and Zoning Commission consider an amendment to Ordinance 8, the definitions area, in specific EEE, definitions of mobile homes. Discussion: Commissioner Retzlaff recommended that at the same time, the Commission should consider an amendment to Ordinance 6, same definitions. Motion carried unanimously. This will be on the agenda for July 24th. Swimming Pool Ordinance (Comm. #3-79-7) Section 3b, should have inserted between, All, and, fence, the word outdoor should be inserted. Residential pools shall be defined as any constructed pool, permanent or non-portable which is intended for non-commercial use as a swimming pool by owner families and their guests, and which is over 24 inches or 61 centimeters in depth and has a service area exceeding 250 sq. ft. and a volume of over 3,250 gallons. Section 2, subsection b, should have deleted from it the last four word; within a residential zone. Section 3, subsection a, will be left as is. The Commission felt that with the commas in here it was a further explanation for clarity rather than a redundancy. Section 3, subsecticn c will read: All outdoor spas shall have either a fence as described in a and b or a latchable cover. The cover should be constructed of a material impenetrable by toddlers, subject to inspection by the City Inspector. Section 4, subsection a; the date will be August 1, 1980. The ordinance should be deleted also. MOTION by Lobb, Seconded by Okerlund that the meeting be adjourned. Motion carried unanimously. ...- ~1 \J The meeting was adjouned at ll:45 p.m. Mary H. Kiley Recording Clerk