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HomeMy WebLinkAboutOctober 10, 1978 o o 0 ~ ~ ANDOVER o o PLANNING AND ZONING COMMISSION Regular Meeting October 10, 1978 AGENDA Approval of Minutes 1. Comm. #8-78-2 Registered Land Survey Continued Public Hearing - Stack Property 2. Comm. #10-78-1 James Stack Variance Request 3. Comm. #5-78-6 Pine Hills Addition Preliminary Plat Continued 4. Comm. #5-78-3 Kadlec Addition Preliminary Plat Continued () 5. Comm. #7-78-3 Rum River Forest Preliminary Plat Continued Public Hearing 6. Comm. #9-78-10 Ron Smith - Continued Proposed Registered Land Survey 7. Comm. #2-78-5 Pond View Preliminary Plat Continued Public Hearing 8. Comm. #10-78-2 Andover Mission Church Special Use Permit Public Hearing 9. Comm. #1-78-3 Junkyard Ordinance 10. Comm. #9-78-6 DNR proposal for Rum River For publication on October 6, 1978 o o o 0 ~ ~ ANDOVER o o REGULAR PLANNING AND ZONING COMMISSION MEETING October 10, 1978 MINUTES The Regular Meeting of the Planning and Zoning Commission was called to order at 7:30 P.M. by Chairman Larry Retzlaff on October 10, 1978 at the Andover Community Center, 1685 Crosstown Boulevard NW, Anoka, Minnesota. Commissioners Present: d'Arcy Bosell, Don Jacobson, Ralph Kishel, Jeannine Pyron Commissioner Absent: Walter Dick Also Present: Dave Pillatzke, Engineer from T.K.D.A., and others Minutes of September 26, 1978 Corrections: page 3, paragraph 4, last sentence - change "Orchid Street" to "Narcissus Street" :J page 8, 3rd paragraph - the sentence should read"- The consensus was that the proposed road location was acceptable to the Commission subject to the Anoka County Highway Department approval and the items in the Engineer's letter being taken care of. Motion by Commissioner Jacobson, seconded by Commissioner Bosell, to approve the Minutes as amended. Vote on motion: yes - Commissioner Bosell, Commissioner Pyron, Commissioner Kishel, Commissioner Jacobson; present - Chairman Retzlaff. Motion carried. Richard DeGardner Variance Continued (Comm. #9-78-4) Richard DeGardner Lot Split Continued (Comm. #9-78-3) Chairman Retzlaff said that the last motion from the Commission was to extend any action for 60 days and to seek a legal interpretation from the City Attorney. Discussed the City action on the Jon Trost Lot Split. The Chairman felt that the Commission could make a decision on the variance and lot split at this time. ~ Motion by Commissioner Bosell, seconded by Commissioner Jacobson, that the Planning and Zoning Commission recommend to the City Council denial of the Richard DeGarduer Variance and Lot Split requests under Ordinance 40 and 40A and Ordinance 8 Section 6.02 (on the property described as Lot 1, Block 2, Country Estates Addition) for the following reasons: 1) although the application would create lots within the square foot requirements of an R-4 zone, the proposed lots would not be consistent with the zoning requirements within the surrounding area. 2) both lots do not meet the lot frontage requirements of 85'. 3) it would not be consistent with the orderly planning of the area. 4) no residential lot, parcel or tract of land shall be divided unless the resultant lots have at least the minimum width, depth and square footage as required for any parcel of land in the zoning district wherein the lot is located (Ordinance 40A, Section 1, A). ,) C) lJ u " ) Planning and Zoning Commission Meeting Minutes - October 10, 1978 Page 2 Mr. DeGardner asked the Commission if he could take the South 30' of Lot 1 and combine it with the lot that his house is on, thus creating 2 - 130' frontage lots. The Commission advised him to mention-it when he appears before the City Council and that he would need a variance to convey 30'. Vote on motion: carried unanimously. This will be on the first City Council Agenda of November, 1978. Registered Land Survey Continued Public Hearing - Stack Property (Comm. #8-78-2) James Stack Variance Request (Comm. #10~78~1) Engineer Pillatzke reviewed his letter of comment dated 10-5-78. Tract C, which is being transferred to Mr. Johnson, will not result in a lot that equals 330' of frontage and 2~ acres or 300' of frontage and 5 acres. Tract A would not have 330' on l65th Avenue. The Commission has a letter from the City Attorney dated 10-6-78 which states that the applicants could request a variance from the subdivision ordinance on those lots that are less than 5 acres and 300' in width. Chairman Retzlaff called for public input - no one responded. Motion by Commissioner Kishel, seconded by Commissioner Jacobson, to close the public hearing on the Stack Registered Land Survey. Motion carried unanimously. " / Motion by Commissioner Jacobson, seconded by Commissioner Pyron, that the Planning and Zoning Commission, City of Andover, recommend to the Andover City Council the following action on the Registered Land Survey for James Stack and John Hunt (legal description attached): the Commission would recommend to the Council that they sign the Registered Land Survey to allow Mr. Stack and Mr. Hunt to proceed. We base this on the following: 1) a letter from the City Attorney dated October 6, 1978, page 2, paragraph 2, he states ". . a community has-no authority to regulate land subdivision when the parcels are in excess of five acres and 300 feet in width." Based upon this legal opinion, the Commission has reviewed the Registered Land Survey and finds no problems and recommends or suggests that the survey by signed. Motion carried unanimously. Motion by Commissioner Jacobson, seconded by Chairman Retzlaff, that the Planning and Zoning Commission, City of Andover recommends to the Andover City Council in the matter of the variance application (per file Comm. #10-78-1) by Mr. James Stack, 2239 - l8lst Avenue NW, Cedar, Minnesota for a variance from the City's Ordinances on his proposed Registered Land Survey that no variance is needed. The Commission bases this view on a letter from the City Attorney dated October 6, 1978, page 2 - 2nd paragraph ". . a community has no authority to regulate land subdivision when the parcels are in excess of 5 acres and 300' in width". Based upon legal opinion, we have no authority to regulate the Land Survey. We find that we cannot grant a variance on an item over which we have no authority therefore, the Commission would recommend that the fee ($50.00) paid for said variance be returned to Mr. Stack. Motion carried unanimously. " / \ , ) \ ) o (~ ~) u \ ) Planning and Zoning Commission Meeting Minutes - October 10, 1978 Page 3 Motion by Chairman Retzlaff, seconded by Commissioner Pyron, that the Planning and Zoning Commission would recommend the Andover City Council allow, on the proposed Registered Land Survey for James Stack and John Hunt, that Tract C be combined with Parcel 610 and that Tract D would be combined with Parcel 100. Motion carried unanimously. This will go the City Council the first Council Meeting in November. Pine Hills Addition Preliminary Plat Continued (Comm. #5-78-6) Tom O'Malley, surveyor, provided revised copies of the plat to the Commission. Engineer Pillatzke had reviewed this plat in his letter of October 5, 1978. A letter of approval from the Anoka County Highway Department was provided. Everything else in previous letters from the Engineer has been taken care of. A variance is needed for the lots along l61st Avenue that have less than 330' in width. Motion by Commissioner Jacobson, seconded by Commissioner Kishel, that the Andover Planning and Zoning Commission recommend to the Andover City Council acceptance of the Pine Hills Addition Preliminary Plat (located at: the N~ of the N~ of the SE~ of Sec. 17, T. 32, R. 24. Anoka County, MN, except the S165' of the W660' thereof measured by lines drawn parallel with the Nand W lines of said SE~. AND: the S~ of the N~ of the SE~ of Sec. 17, T. 32, R. 24, Anoka County, MN, except the E660' thereof and except the W660' thereof, said exceptions measured by lines drawn parallel with the E and W lines of said SE~. AND: the N~ of the S~ of the SE~ of Sec. 17, T. 32, R. 24, Anoka County, MN, except the E~ thereof and except the W 660' thereof, said exceptions measured by lines drawn parallel with the E and W lines of said SE~. AND: the E 660' of the S~ of the N~ of the SE~ of Sec. 17. T. 32, R. 24, Anoka County, MN, except the E 528' thereof.)) for the following reasons: 1) It meets the City of Andover Engineering requirements. 2) It is consistent with the Ordinances except as noted below. 3) The Commission recommends acceptance of the plat with the following conditions: that all lots abutting either M.S.A.S. #106 or C.S.A.H. #9 shall have their frontage for building purposes on interior streets or cul-de-sacs except Lot 1, Block 1, which shall front on Tulip Street NW. The Commission would recommend that that information should be recorded on the Final Plat. 4) Approval for the plat has been received from the Coon Creek Watershed District Board of Managers. 5) The Commission recommends that the designated 4.4 acres of the plat designated as park land be accepted and that the balance of 1.9 acres be in cash in lieu of land as per the Park and Recreation Commission's recommendation on September 7. 1978. 6) The Commission would recommend a variance for the cul-de-sac on l59th Avenue NW because it exceeds the requirements of the Ordinance. The Commission finds that such variance would not be detrimental to the plat. 7) A public hearing was held and no adverse input was received. 8) The plat is in conformance with the surrounding area. 9) It meets the criteria of the Comprehensive Development Plan. Motion carried unanimously. This will be on the City Council Agenda the first week in November. ~ ) ~~ "-.) u Planning and Zoning Commission Meeting \ Minutes - October 10, 1978 ,,) Page 4 Kadlec Addition Preliminary Plat Continued (Comm. #5-78-3) Engineer Pillatzke noted that per his letter of 10-4-78 there were 3 items to be corrected on the plat. An agreement is needed from the property owner to the south for drainage purposes. Mr. Kadlec now has a purchase agreement for the property and he will give the agreement. The 2 problems with lot frontage have been corrected on the plat received 10-3-78. \ Motion by Commissioner Jacobson, seconded by Commissioner Kishel, that the Andover Planning and Zoning Commission recommends to the Andover City Council acceptance of the Preliminary Plat of Kadlec Addition (Legal description: the S~ of the S~ of the NW~ of Sec. 9, Township 32, Range 24, Anoka County, Minnesota, except the North 264' of the West 435.6' thereof). The Commission recommends acceptance of the plat for the following reasons: 1) The Anoka County Highway Department has given their approval for access to County Road #9. 2) The Commission finds that the plat is essentially in conformance with the City Ordinances of the City of Andover and is consistent with the Comprehensive Development Plan. 3) A public hearing was held on the matter and no adverse public input was received. 4) The Commission recommends that money be accepted by the Council in lieu of land as per the recommendation of the Park and Recreation Commission at their meeting of September 21, 1978. 5) The Commission recommends a variance for the length of l69th Lane NW which does not meet Ordinance 10, Section 9.03 G. The Commission finds, however, that this variance will not be detrimental to the adjoining property. 6) The Commission wishes to note that the owner, Mr. Harvey Kadlec of 16970 Crocus Street NW, has purchased property adjoining this plat (Legal description of the parcel: The North 297' of the SW~ of Section 9, Township 32, Range 24 (except the West 2250.2') and (except the East 33' thereof)) and Mr. Kadlec has indicated to the Commission that he would grant a drainage easement from the Kadlec Addition Plat across his newly acquired property. The Commission suggests that easement be executed prior to the approval of the Final Plat by the City Council. 7) It has been reviewed by the City Engineer and found to be within the City Engineering standards. J Motion carried unanimously. This will be on the Council Agenda the first meeting in November. Rum River Forest Preliminary Plat Continued Public Hearing (Comm. #7-78-3) Chairman Retzlaff referred the Commission to the letter received from the City Attorney dated 10-6-78. It basically says that the Commission should review this plat according to the City's existing ordinances and not reflect upon the Wild and Scenic River Act or any future Andover Ordinances. Derril Burger and Bob Rohlin, his surveyor, were present. Mr. Rohlin presented revised plats to the Commission. Engineer Pillatzke reviewed his letter of 10-5-78 with the Commission. \ J , ) " ,~) , "-) <J I Planning and Zoning Commission Meeting Minutes - October 10, 1978 Page 5 Discussed the letter that was received from the Anoka County Highway Department dated 9-21-78. Mr. Rohlin said that the plat presented to the County showed 60' of County right-of-way and the County apparently accepted it. The plat now shows 75'. The Commission felt that 75' was what the County required as right-of- way. The right-of-way dedication shown on the plat should be clarified however. A variance is needed for Blocks 1 and 4 because they exceed the 1320' maximum block length requirement. Lot 1 of Block 3 has a triple frontage. The soil boring information requested for Kiowa Street and l54th Avenue would give an indication of what the subbase material is composed of. The soil borings information should be provided at the time of construction. The grading and filling of land within 300' of the river requires a special permit from Andover. That can also wait until time of construction. On Block 5, Lot 3, there are a couple of buildings that will be removed. Lot 11 of Block 1 has 280' of width at the setback line. Discussed shifting this lot and Lot 12 and the park access to the River over somewhat and taking part of Lot 3, Block 6 to make Lot 11 meet the Ordinance requirement. It was mentioned that the Park and Recreation Commission wanted the access to the River at that point and so the lots couldn't be shifted. There should be a drainage easement adjacent to Lot 12. Engineer Pillatzke said that the developer must provide applicable permits from the DNR and the Anoka County Shoreland Management Administrator. The permits are not necessary now but they , will be needed prior to construction. He said that the DNR has stated no permanent , /J~~ structure can be placed closer than 300' of the River on that proposed park land. cP\\'" ,1'i. The Park and Recreation Commission ~n recommended Lots 5 and 6 of Block 0,,0 4 as park land at their meeting. Since that time the plat has been redrawn to , show that land as park and the lot numbers have been changed. The park land shown on this revised plat is correct per the Park and Recreation Commission recommendation. Chairman Retzlaff asked for public input - no one responded. Motion byCommissioner Bosell, seconded by Commissioner Kishel, to close the public hearing. Motion carried unanimously. Discussion: Lot 11 is not in compliance. A 50' setback on 159th Avenue should be shown. On lot 4, Block 6, there should be a setback line shown. Motion by Commissioner Bosel1, seconded by Commissioner Kishel, that the Planning and Zoning Commission recommend to the City Council approval of the Rum River Forest Preliminary Plat (on the property described as: That part of Government Lot 1 of Sec. 18, Township 32, Range 24 lying E. of Strand Add'n according to plat of record. That part of Government Lot 7 of Sec. 19, Township 32, Range 24, lying N. of the S. 100' thereof, and lying W. of the Westerly right-of-way line of Anoka County Highway Plat #7. That part of Government Lot 8 of Sec. 19, T. 32, Range 24 lying W. of the Westerly right-of-way line of Anoka County Highway Plat #7. All in the City of Andover, Anoka County, Minnesota) for the following reasons: 1) The plat has received approval from the County Highway Department for access and right-of-way. 2) The engineering firm of T.K.D.A. has reviewed the plat and recommends approval contingent upon the changing of the setback on 159th Avenue being increased to 50' and also the 20' radius on intersecting streets should be shown. 3) A public hearing was held and there was opposition ./ '\ ) f- , ~J " ') '-/ \.J '. Planning and Zoning Commission Meeting Minutes - October 10, 1978 Page 6 I from 2 individuals on the size of the lots. 4) As noted in T.K.D.A.'s letter of October 5, 1978, #14, which deals with the grading and filling of land or any alternatives of the natural topography where the slope of the drainage is towards a river, stream or lake within 300', shall require a special permit issued by Andover. 5) Granting a variance from Ordinance 10, Section 9.05, block length for Blocks 1 and 4. 6) Granting a variance from Ordinance 8, Section 6.02, lot width at the front setback line on Lot 11, Block 1 (280' versus 330'). 7) The Park and Recreation Commission has reviewed this plat and recommends the park land as shown on the plat reviewed by the Planning and Zoning Commission and filed with the Clerk on October 10, 1978. 8) It conforms to the mandates of the Comprehensive Development Plan in the Rural Area. Note: There is approval from County and State agencies that must be applied for and received prior to construction. Also necessary is the soil boring information. Motion carried unanimously. This will be on the City Council Agenda the first week of November. Ron Smith - Continued Proposed Registered Land Survey (Comm. #9-78-10) \ I Mr. Smith was not at the meeting. Engineer Pil1atzke asked for guidance in the interpretation of Attorney Hawkins' letter of 10-6-78. The Engineer reviewed the Registered Land Survey relative to those items that he believed would be pertinent to the approval of any roadway. This does not include any items outside of the roadway. Can the Commission require that these items be required ona Registered Land Survey? The Chairman advised him that the road has to meet the City standards so any information relative to the roads being accepted can be required. He said that this item will be continued until Mr. Smith is present at the meeting or is represented. Pond View Preliminary Plat Continued Public Hearing (Comm. #2-78-5) Mr. Conroy was not present. This will be continued until the next regularly scheduled Planning and Zoning Commission Meeting. Andover Mission Church Special Use Permit Public Hearing (Comm. #10-78-2) Chairman Retzlaff opened the public hearing. Gail Zimmerman, a representative from the Church, was present to answer questions. They would like to build a church building at the SE corner of the l6lst Avenue and Nightingale Street intersection. They are presently holding services at the Andover City Hall. He was questioned about the existing road and who owns it. Mr. Zimmerman said that Ed Lutz owns the property and he has already given permission to right-of- way or whatever. It is a private road. There is a road from County Road 109 but the official road is coming off from County Road 20. / Patricia Torbenson, 1850 - l61st Avenue NW, "I have a 30' easement that goes right to Constance Boulevard across this proposed property." She was asked if that easement is going to be relinquished. Cecil Heidelberger, 2052 Bunker Lake Boulevard NW, replied '~O." Mr. Zimmerman replied that the easement is going to be removed and then a new easement on County Road 109 will be given on this South side of this proposed property. ~) ~- ) - " \ \. J o \ ) Planning and Zoning Commission Meeting Minutes - October 10, 1978 Page 7 Mr. Heidelberger and Mrs, Torbenson stated, "Oh, no." that easement stays to Constance Boulevard. It was mentioned that the easement would go right through the proposed church building. The Commission was informed that the easement was there before this proposed church property. Mrs. Torbenson, '~ow can you just take my easement away from me and move it some place else?' She was told that the City can't take it away. Some negotiations should be settled between the church, the property owner and the easement owner. She owns the l~ acres at the SE end of the road easement. Motion by Commissioner Jacobson, seconded by Commissioner Kishel, that the Planning and Zoning Commission continue the public hearing on the Special Use Permit for the Andover Mission Church until the next regularly scheduled meeting to allow the members of the church and the property owners and the easement owners time to negotiate the matter of the easement. Motion carried unanimously. Junkyard Ordinance (Comm. #1-78-3) The Commission is holding a Special Meeting on Monday, October 16, 1978 for the purpose of amending Ordinances 8 and 10. 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