Loading...
HomeMy WebLinkAboutNovember 14, 1978 o Q :J o o 0 ~ ~ ANDOVER o PLANNING AND ZONING COMMISSION Regular Meeting November 14, 1978 AGENDA Approval of Minutes 1. Comm. #9-78-6 Discussion of proposed Rum River Ordinance 2. Comm. #2-78-5 Pond View Preliminary Plat Continued Public Hearing 3. Comm. #10-78-2 Andover Mission Church Special Use Permit Continued Public Hearing 4. Comm. #9-78-10 Ron Smith - Continued Proposed Registered Land Survey 5. Comm. #9-78-13 Lund's Evergreen Estates Preliminary Plat Continued Public Hearing 6. Comm. #10-78-4 William Rademacher Rezoning Continued Public Hearing 7. Comm. #10-78-5 Good Value Homes Rezoning Continued Public Hearing 8. Comm. #1-78-3 Junkyard Ordinance 9. Comm. #11-78-1 Al KIous Sketch Plan 10. Comm. #11-78-2 Lester Hughes Lot Split 11. Comm. #11-78-3 Verna Kulenkamp discussion on possible Variance For publication on November 10, 1978 o o 0 ~ ~ ANDOVER o /-~ "-./ REGULAR PLANNING AND ZONING COMMISSION MEETING November 14, 1978 MINUTES The Meeting of the Planning and Zoning Commission was started at 6:30 P.M. by Chairman Larry Retzlaff for the purpose of reviewing and discussing the proposed Ordinance, relative to the Rum River, to comply with the State's Wild and Scenic River Act. Chairman Retzlaff called the Regular Meeting to order at 7:45 P.M. Commissioners Present: Commissioner Absent: Also Present: d'Arcy Bosell, Don Jacobson, Ralph Kishel, Jeannine Pyron Walter Dick Dave Pil1atzke, Engineer from T.K.D.A., and others Minutes of October 24, 1978 <,,+h Corrections: page 3, 3-rd paragraph, 3rd line - after the word "land" insert the following: or a financial hardship page 3, 3rd line from bottom of page - change "petioners" to "petitioners" Motion by Jacobson, seconded by Kishel, to approve the Minutes as amended. r-~ Motion carried unanimously. '-.J Pond View Preliminary Plat Continued Public Hearing (Comm. #2-78-5) The developer is waiting for a decision from the City Council regarding the rezoning of a portion of this plat before going ahead with this item. The plat will be placed on the next Commission agenda for discussion. Andover Mission Church Special Use Permit Continued Public Hearing (Comm. #10-78-2) Chairman Retzlaff said that he had talked to a representative from the Church and they are still negotiating for release of the road easement. They will contact the City when they are ready. Lund's Evergreen Estates Preliminary Plat Continued Public Hearing (Comm. #9-78-13) Bruce Grivna, the surveyor, had asked that the plat be continued to the next meeting. William Rademacher Rezoning Continued Public Hearing (Comm. #10-78-4) Mr. Rademacher's planner had stated they didn't have all the information yet that was requested by the Commission and asked that further discussion be continued t~ the next meeting, Chairman Retzlaff suggested that this item also be continued to the January 9, 1979 meeting. C) , ) u u \ \..) \ Planning and Zoning Commission Meeting Minutes - November 14. 1978 Page 2 ) Good Value Homes Rezoning Continued Public Hearing (Comm. #10-78-5) Chairman Retzlaff read the letter he had received from Frank Voth dated 11-14-78. It stated, "We would like to request that the rezoning request before your Commission be continued for 2 months. At the present time we are considering the most appropriate manner of developing the entire property. In order to make a complete presentation, we will need additional time to draw data together. It is our hope that at that time we will have a proposal ready for what will serve the best interests of your community and our company." The Commission discussed Ordinance 8, Section 4.17 - D - a, which states that "Only one corner of any major road intersection may be zoned for Shopping Center (SC) at anyone time." Chairman Retzlaff said that the 2 rezonings would be continued until January 9, 1979 and that notices of that meeting should be sent to those property owners within 350'. It was felt that it would be better to discuss both rezonings for this area since Good Value Homes is the fee owner of the property and also to tie the rezoning subject together. Wobegon Woods Preliminary Plat (Comm. #5-78-4) , i .J Chairman Retzlaff said that the City Council has referred the plat back to the Planning Commission and they suggested that the plat be redrawn to eliminate the single access. Dean Lutterman, owner of the property, stated there are many other plats that have only one access that are located in the City of Andover. Chairman Retzlaff mentioned that the City Council has come to a realization that they don't want single access plats. The Commission has been informed verbally that the City Council doesn't want single access plats forwarded to them. Mr. Lutterman said that it has cost a lot of time and money because of this oversight. Chairman Retzlaff replied that this is a new~. It has been talked about but the Council has never enforced it until th~Plat. Because of the accessibility of l73rd, l74th and Heather, they felt nother access could be made. The Council didn't reject the plat. they referred i to the Planning Commission for further consideration. .' / L urnJed) e...+'1 C"'Ln(, 'R~J't;r'nTle",-f. 11-2-<;:'7' In discussion about connecting to Heather Street, it was mentioned it would be hard to put in without a jog. Also, it would come close to another low spot and the lots would drop off so quickly it would not be a decent building site. Another layout suggested would create a double frontage lot. It was mentioned that variances have been given for that in the past. There is a ravine similar to what was considered in the Fox Meadows plat. Mr. Lutterman said that according to the new Ordinance (8C) there would only be 2 variances now. There are 2 topographical reasons for having the road layout as shown. He commented that the people that have contacted him about buying a lot asked if he had good lots on dead-end streets. People who are moving out here and buying 2~-acre lots want privacy and the way this was laid out this would be that way. It was mentioned that to impose a new set of rules (asking for more than one access) at this point, the preliminary plat stage, seems a little harsh. Discussed previous motion that the Planning and Zoning Commission had made. \ J ,) <) ,,--J u ,) Planning and Zoning Commission Meeting Minutes - November 14, 1978 Page 3 Motion by Retzlaff, seconded by Kishel, that the Planning and Zoning Commission recommend to the Andover City Council that they approve the Wobegon Woods preliminary Plat in as much as: 1) A public hearing was held and there was no opposition. 2) The Preliminary Plat is in compliance with existing Ordinances with the following exceptions: (a) Lots 1 and 3 of Block 1, Lots 1, 3 ,and 6 of Block 2, Lots 1, 3, and 5 of Block 3 are exceptions to Ordinance 8, Section 6.02: (b) exceptions to Ordinance 8, Section 3.02 AAA and WW on these lots house frontages would have to be on the longest street frontage. The developer has met with the Planning and Zoning Commission and has agreed with the proposed location of the house frontages. It would be a variance on Lot 5. Block 2 as to the minimum width at setback being less than 300' and the character of the land is such that no other means of platting the land would allow the necessary width. 3) It is further understood that the Park and Recreation Commission has agreed to accept $4,245 from the Wobegon Woods Plat and add it to an amount of $2,755 derived from the Kadlec Addition Plat which will be spent only for the improvement of White Oaks Country Estates Park which has been specified by the developers. 4) The Engineer has reviewed the Plat and made comment that the variance would be required on the length of 174th Lane NW in excess of 1320' and also the two cul-de-sac streets are in excess of the required 500' minimum length for a cul-de-sac. 5) The Plat is in conformance with the surrounding area and meets the criteria of the Comprehensive Development Plan. '\ ) Vote on motion: yes - Kishel, Bosell, Retzlaff; no - Jacobson, Pyron. Motion carried. Commissioner Jacobson and Commissioner Pyron stated their reasons for voting "no" were the same as given on September 26, 1978. Naming of cul-de-sacs Engineer Pillatzke briefly explained a proposal for the future naming of cul-de-sacs. His plan sounded very acceptable and he was asked to get it in writing so the City can use it as a guideline. Lester Hughes Lot Split (Comm. #11-78-2) Mr. and Mrs. Hughes were present to explain their request. They would like to split off 2~ acres around the house that is about 14 years old. They are in the process of building a new house on the remainder of their property. All the land around this 2~ acres belongs to them, therefore no notices of this split application were sent. The property contains 2.5 acres and over 300' of frontage on Valley Drive (County Road 58). '\ j Motion by Jacobson. seconded by Bosell. that the Andover Planning and Zoning Commission recommends to the Andover City Council approval of the lot split for Lester and Donna Hughes. Legal description of the property is as follows: All that part of the NW~ of the NW~ of Sec. 17, T. 32. R. 24, Anoka County, MN described as follows: Commencing at the NW corner of said Sec. 17; thence S. 890 45 minutes 51 Seconds E. along the N. line of said Sec. 17 a distance of 439.84' to its intersection with the centerline of Valley Drive; thence S. 30 45 minutes 42 seconds E. along said centerline a distance of 234.4'; thence Southerly continuing along said centerline and on a tangential curve to the right having a radius of 2204.18' and a delta angle of 110 59 minutes, 33 seconds a distance of 410.74' to the actual point of beginning of the tract of land to be hereby described; '\ , ) \ ~. -) " ) ~, u / Planning and Zoning Commission Meeting Minutes - November 14, 1978 Page 4 thence continuing Southerly along said curve a distance of 50.61'; thence S. 80 13 minutes 51 seconds W. continuing along centerline a distance of 289.39'; thence South 81046 minutes 09 seconds E. a distance of 300.3'; thence N. 140 56 minutes 26 seconds E. a distance of 342.35'; thence N. 81046 minutes 09 seconds W. a distance of 340.88' to the actual point of beginning. Containing 2.5 acres, more or less. Subject to road easement over the Westerly 33' thereof. The Planning and Zoning Commission recommends approval for the following reasons: 1) All of 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 it does not interfere with orderly planning and is not contrary to the public's interest. 4) Such lot split does not nullify the intent of the ordinances of the City of Andover. 5) the Commission recommends the imposition of a $100 park fee for the lot split. Motion carried unanimously. This will be on the December 5th City Council Agenda. Verna Kulenkamp discussion on possible Variance (Comm. #11-78-3) \ Arthur Attleson of K & A Realty was present to represent Mrs. Kulenkamp. In the NE~ of the NE~ of Section 16 there is a 1320' long easement connecting the 40-acre parcel owned by Mrs. Kulenkamp with Verdin Street. The problem lies in the fact that the easement is only 16~' wide. Mr. Attleson said the easement was put on in 1946 and Mrs. Kulenkamp, who is now a widow, would like to sell that property. The Kulenkamps have harvested nothing from the land; they have just paid taxes for all these years. Ralph Lund, the property owner to the North of the easement, will sell extra land but he wants too much. Mr. and Mrs. Nehrt, the property owners to the South of the easement are unwilling to negotiate with Mr. Attleson. It would be for one home to be built, on the 40 acres, and for one driveway. / It was mentioned that since the roadway is more than 300' long, it would have to meet the City roadway standards for surfacing, etc. If they had used the easement, it might be different but from what Mr. Attleson stated, they only paid taxes. He asked if the grandfather clause would govern this. He stated that he had been told by 2 people at the court house that all he had to do would be apply for a building permit and if the permit was turned down, he could sue the City, etc. Mr. Attleson was advised that if he wanted to make a xormal request for a variance, the Attorney could be asked about the grandfather clause; but the l6~' easement width in no way meets any City standards. Rum River Ordinance Discussion (Comm. #9-78-6) The Commission reviewed the remainder of the model Ordinance. Chairman Retzlaff will submit the changes for typing of a redraft for the Commission. _/ '- ) , } \ .J , u , ) / Planning and Zoning Commission Meeting Minutes - November 14. 1978 Page 5 Al Klous Sketch Plan (Comm. #11-78-1) Mike Gair, of Westwood Planning and Engineering (surveyor for Mr, Klous), was present to explain their proposal. There are 117 acres located in the NE portion of the City in Section 12 that they plan to divide into 31 single family lots with minimum lot sizes of 2~ acres. The property is located between County Road 18. Crosstown Boulevard, and Pinger's Plaza. in Ham Lake. County Ditch 58, Branch 7, begins in the Northwest corner of this property. The West portion of the site is fairly high, cultivated soil. There is a fair amount of birch and oak on the property. The lots would accommodate on-site septic systems. Mr. Gair met with the Coon Creek Watershed Board on November 13th for an informal review. Suggestions/comments: has to have 75' of right-of-way on County Road 18; has to have 66' of right-of-way on streets in the plat; the plat shows one access onto County Road 18 with 14 lots coming out; the plat shows one access, over 1320' long, into Ham Lake with 17 lots; cul-de-sac is too long; the area of Lot 6, Block 3 is more than twice the average size of the other lots; the corners onto County Road 18 should show radiuses; temporary cul-de-sacs should be shown on all streets extended to the property edge for future extension; the Council would prefer bituminous surfacing on the roads; advised him of the park dedication required. Mr. Gair planned to go ahead with the preliminary plat. / Junkvard Ordinance Discussion (Comm. #1-78-3) The Commission has had the item on the agenda for a long time. After a brief discussion. it was suggested that the City Attorney and the City Clerk be present at the next meeting to give their comments on what they think should be changed in the existing Ordinance. Ad;ournment Motion by Jacobson. seconded by Pyron. to adjourn. Motion carried unanimously. Meeting adjourned at 10:17 P.M. I /