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HomeMy WebLinkAboutAugust 14, 1979 o 0 0 0 ~ 01 ANDOVER ':J REGULAR PLANNING AND ZONING COMMISSION MEETING AUGUST 14, 1979 7:30 P.M. Call to order. Approval of Minutes 1. Comm. #5-79-7 Rosella Sonsteby Vacation of Easement Public Hearing 2. Comm. #8-79-1 3. Comm. #5-7971 Glen Geving/Walt Johnson Sketch Plan Strawberry Commons For publication August 10, 1979 o .- o o 0 ~ 01 ANDOVER o ,~ \J 16$'5 e'l,~~(m.. 't1t..4. 1t.1fI, . rl....u., 11(",..."(,, 553tJ3 'P~ (612) 755-51tJtJ REGULAR PIANNING AND zmmm COMMISSION MEETING AUGUST 14, 1979 MINUTES The Regular Meeting of the Planning and Zoning Commission 'Was called to order at 7:30 p.m. by Chairperson d'Arcy Bosell on August 14, 1979, at the Andover City Hall, 1685' Crossto'WZl Boulevard N. W., Anoka, Minnesota. Commissioners Present: Larry Retzlaff, ~on Copley, Ralph Kishel, Richard Okerlund, George Lobb and Walter Dick Also Present: Rosella Sonsteby, Gabriel Giancola, Attorney at Law, Beverly Hagen, Henry Anderson, Glen Geving and Walt Johnson. Approval of Minutes July 24th, 1979 Page 2, Motion by Kishel, Item 1 referring to Municipal Sanitary Sewer being installed and resulting in special assessments probably became overly burden- some to the property owner. The 'Word became should be changed to become. MOTICN by Lobb, Seconded by Copley, to approve the minutes as corrected. Vote on motim: present - Bosen, Retzlaff; yes - Copley, !lshel, Okerlund, Lobb and Dick. Motion carried. At this time Chairperson Bosell stated that she 'Would like items to tonight's agenda for discussion; 4) Discussion of Discussion of Comprehensive Plan Review date. Rosella Sonsteby Vacation of Easement Public Hearing (Comm. #5-79-7) /1 to add a coupe of Ordinance 8E, 5') Chairperson Bosell opened the public hearing. a Rosell Sonsteby, 4100 7th Avenue Gabriel Giancola, Attorney at Law, 3700 Central Avenue N.E. - "I'm going to object here for the record, and I think all of this is being transcribed, if Mrs. Sonsteby is going to review what has been reviewed in the District Court and is before the SUpreme Court, this is not the proper place to do so. To review evidence that has been submitted to a judge and to a jury who are fact finders and then to use the format here to discuss that, I think is improper. We are here to discuss a petition by Mrs. Sonsteby I believe, for vacation of this easement. That's all before the council or the Planning and Zoning here this evening. And for the matter of the record, I object to reviewing any matter that has been presented in Court relative to this matter." o Rosella Sonsteby quoted material pertaining to the road easement from older minutes of December 12, 1941; April 19, 1941; June 2, 1941. She then read the deed that 'Was made to the town of Grow that pertains to this easement; how easements are terminated from a law book, and then from minutes of April, 1978, On 'What Mr. Babcock had to say about the easement. o o Planning r--\ Zon', Commission Meeting August 14~--:979 L..d.nutes Page 2 ,-- '\ '-../ She then stated her objection to the building permit issued to Hagens and says it was not built according to Ordinance 8, 405C in 1975. This is her third time before the Planning and Zoning Commission to have the road easement removed. Gabriel Giancola stated that this matter was presented to Judge Carroll Larson, and has been tried before a jury in two different lawsuits. He also stated that this matter has been before the Planning and Zoning Commission of the City of Andover and the City Council 'With reasoning that has been accepted and approved. He asked that on behalf of Beverly H. Hagen and Henry Anderson that the application for vacation of the easement be denied. (Rosella Sonsteby Vacation of Easement Public Hearing ccnt'd.) Beverly Hagen, 14234 Round Lake Boulevard - requested to view the aerial maps that Mrs. Sonsteby showed to the Commission. Commissioner Retzlaff asked Rosella Sonsteby of what benefit to the public of Andover 'Will the vacation of the easement serve. No answer was given. Chairperson Bosell took control of the meeting saying that there has not been any negotiations made or resolutions. The Hagens have been granted the right to cross the property to get to and from their garage. MOTION by Kishel, Seconded by Lobb, that the public hearing on the Rosella Sonsteby Vacation of Easement be closed. Motion carried unanimously. MOTION by Retzlaff, Seconded by Okerlund, that the And~r Planning and Zoning Commission recommend to the Andover City Council Jt:ul1e of';iication on the legal description of the easement of the South 33 feet of the North 263.48 feet of the Southeast 114 of the Southwest 1/4 of Section 29, Township 32, Range 24, Anoka County, Minnesota for the follOWing reasons: 1) There is an existing easement of record. This was prior to Mrs. Sonsteby's purchasing of the property. She bought it with the lmowledge of the easement being there; 2) That the Andover :Building Department granted a building permit on July 5, 1976 for the garage ~~hich faces the easement; 3) Vacation of the easement 'Would not allow ingress or egress for the Hagen family from the garage; 4) Vacation of the easement is l10t going to benefit the public interest, and; 5) A public hearing was held and opposition 'Was posed. ~ ".:>-S'?'1 1Tote on motion: present - Bosell, Copley; yes - Kishel, Okerlund, Lobb, Dick, and Retzlaff. Motion carried. This item will go to the City Council on September 4th. ~aen Geving/Walt Johnson Sketch Plan (Comm. #8-79-1) ~nen GeVing, 3451 - l74th Lane N.W. - states that he would like to plat 19. 'some acres into lots as per the sketch. All of the lots do meet the two and a half acre requirement. 'l'he Commission recommended that Mr. Geving check where the power line easement i.s on the property and how it affects it; try to bring the frontages on Lot 1, IQock 2 and Lot 3, Block 2 to meet City codes; shorten the length of the cul-de-sac; and check on the easement between SWanson and Pemberton. After this has been done, it is recommended that he bring back a sketch plan with the I~ changes or else bring in his preliminary. ',--) ~trawberry Commons (Comm. #5-79-1) This item was not published in the paper and 'Will be held over to the next Commission - , o o Planning ~:~)ZoniOOmm1SSiOn Meeting August 14, 1979 - Minutes Page 3 " '\ (Strawberry Commons cont I d.) ,-.1 meeting. Chairperson Bosell asked that the Commission be ready at that time to draft a request to Metro Council to substantiate the City Council's feelings that this should not be allowed outside the Urban Service District. Item fA! on the Agenda: Discussion of Ordinance BE Chairperson Dosell stated that in talking with the City Attorney concerning Ordinance BE, he said that he is going to respond directly and specifically to the City Council. He felt that the Modular Home definition should be added. Item 115 on the Agenda: Discussion of Comprehensive Plan Review Date Review of the Comprehensive Plan has been scheduled for Thursday, August 23, 1979 at 7:30 p.m. MOl'IOO' by Lobb, Seconded by Retzlaff, that the meeting be adjourned. Motion carried unanimOUSly. (The meeting adjourned at B:53 p.m.) Mary H. Kiley Recording Clerk r~ \"-_1)