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HomeMy WebLinkAboutSeptember 11, 1978 o o 0 ~ ~ ANDOVER o ~ PLANNING AND ZONING COMMISSION Regular Meeting September 11, 1978 7:30 P.M. AGENDA Approval of Minutes o 1. Comm. lF4-78-6 Johnson's Field Preliminary Plat 2. Comm. lF5-78,-3 Kadlec Addition Preliminary Plat Continued Public Hearing 3. Comm. lF8-78-3 James Fields Variance Continued 4. Comm. lF2-78-5 Pond View Preliminary Plat Continued Public Hearing 5. Comm. lF6-78-9 James Conroy Rezoning (Pond View) Continued 6. Comm. lF8-78-2 Registered Land Survey (Stack Property) Continued 7. Comm. lF5-78-6 Pine Hills Add'n Preliminary Plat Continued Public Hearing 8. 9. Comm. lF5-78-4 Comm. lF7-78-3 Wobegon Woods Preliminary Plat Public Hearing Rum River Forest Preliminary Plat Public Hearing ~ 10. Comm. lF9-78-l International Tire Special Use Permit Public Hearing 11. Comm. lF9-78-2 International Tire Variance 12. Comm. lF9-78-3 DeGardner Lot Split 13. Comm. lF9-78-4 DeGardner Variance 14, Comm. #9-78-5 DeGardner Variance 15. Comm. #9-78-6 DNR proposal for Rum River 16. Comm. 1F1-78-3 Junkyard Ordinance 17. Comprehensive Plan Update For publication on September 8, 1978 C) C) ,-~ o o o () ~ ~ ANDOVER o REGULAR PLANNING AND ZONING COMMISSION MEETING September 11, 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 September 11, 1978 at the Andover Community Center, 1685 Crosstown Boulevard NW, Anoka, Minnesota. Commissioners Present: d'Arcy Bosell, Ralph Kishel and Jeannine Pyron Commissioners Absent: Walter Dick and Don Jacobson Also Present: Dave Pillatzke, Engineer from T.K.D.A., and others Minutes Motion by Commissioner Pyron, seconded by Chairman Retzlaff, for approval of the August 22, 1978 Minutes. Vote on motion: yes - Chairman Retzlaff, Commissioner Pyron, Commissioner Kishel; present - Commissioner Bosell. Motion carried. Kadlec Addition Preliminary Plat Continued Public Hearing (Comm. /f5-78-3) The Commission received revised plats. Engineer Pillatzke reviewed his letter of 9-6-78. He was concerned with a couple of items in particular. There should be some kind of drainage agreement between the developer and the property owner to the South of the proposed Lot 4, Block 2 because there will probably be more runoff onto his property. He should also provide some kind of drainage for the low lying areas in Lot 2, Block 2, and Lot 3, Block 1. The right-of-way on County Road 9 should be 75' instead of 50' as shown. The zoning on the property within 300' should be shown on the plat. There is no Park and Recreation Commission recommendation on the property. Mr. Kadlec is going to suggest giving money in lieu of land, if possible. Discussed the jog on l69th - the developer is to look into the length of tangent on the offset. A variance would be required for the length of l69th and also the size of Lot 4, Block 2. Chairman Retzlaff called for public input - no one responded. Motion by Commissioner Bosell, seconded by Commissioner Kishel, to continue the Kadlec Addition Preliminary Plat Public Hearing to September 26, 1978. Motion carried unanimously. :-J , '\ \J u () \ / Planning and Zoning Commission Meeting Minutes - September 11, 1978 Page 2 James Fields Variance Continued (Cornm. #8-78-3) This item was discussed at length at the August 8, 1978 Planning and Zoning Commission Meeting. \ / Motion by Commissioner Bosell, seconded by Commissioner Pyron that the Andover Planning and Zoning Commission recommend to the City Council approval of the James Fields Variance request (on the property described as: That part of the NE~ of the NE~ of Sec. 20 T,32, R. 24, Anoka County, MN, described as follows: Commencing at the NE cor. of said Sec. 20, thence S. along the E. line of said NE~ of the NE~, a distance of 781.5' to the actual point of beginning of tract to be described; thence N. along last described course a distance of 138'; thence W. parallel with the N. line of said NE~ of the NE~ a distance of 264'; thence N. parallel with the E. line of said NE~ of the NE~ a distance of 183.9'; thence W. parallel with the N, line of said NE~ of NE~ a distance of 562.81' to its intersection with a line drawn S. at right angles from a point on the N. line of said NE~ of NE~, distant 825'W, (as measured along said N. line) from the NE cor. thereof; thence S. on said line a distance of 321.90' to its intersection with a line drawn W. from the point of beginning and parallel with the N. line of said NE~ of NE~; thence E. on said parallel line to the point of beginning. Together with an easement for septic system drainfield purposes over the following described tract: That part of the NE~ of the NE~, Sec. 20, T. 32, R. 24, described as follows: Commencing at a point on the E. line of said NE~ distant 781.5' S. of the NE cor. thereof; thence W. and parallel with the N. line of said NE~ a distance of 200' to the actual point of beginning; thence continue W. and parallel with said N. line a distance of 60'; thence S. and parallel with the E. line of said NE~ a distance of 60'; thence E. and parallel with said N. line to its intersection with a line parallel with and distant 200' W. of said E. line; thence N. along said parallel line a distance of 60' to the point of beginning.) from Ordinance lOB Section 7.01 ie: lot width of 300',under Ordinance 10 Section 17.01 for the following reasons: 1) the parcel in question is restricted in its frontage due to the fact that the adjoining properties both to the North and South are owned by other land owners; therefore, additional frontage cannot be obtained. 2) to deny this variance request could cause an undue hardship to the enjoyment of a substantial property right. 3) granting this variance would not adversely affect the adjacent property owners. 4) granting this variance would not adversely affect the Comprehensive Development Plan or the spirit and intent of this Ordinance. Motion carried unanimously. This will be on the City Council Agenda on October 3, 1978. '\, / ~ ( '\ '-~ ~) u , ) Planning and Zoning Commission Meeting Minutes - September 11, 1978 Page 3 Pond View Preliminary Plat Continued Public Hearing (Comm. #2-78-5) James Conroy Rezoning (Pond View) (Comm. #6-78-9) ~ - / Greg duMonceaux commented on several items that were in question or were discussed at the last meeting. In doing some research about taxes and tax base, they came up with about $55,000 to $60,000 yearly taxes based on the existing size of the center proposed. He and Mr. Conroy had driven to a couple of different centers that are similar to what is being planned. In Oak Park Plaza the grocery store, the hardware store and drug store are the type and size they are proposing. This type of facility (Crosstown Plaza) will provide maybe 30 to 50 local jobs as well as part-time after school type jobs. He said that the highway engineer informed him that they would have plans for upgrading County Road 18 if it develops more along this road. Discussed the NB Neighborhood Business zoning designation versus the SC Shopping Center zoning. Mr. Conroy and the planners do not want some of the allowable businesses under SC zoning in Ordinance 8 such as music, liquor or local hang out type of facility. If the center has an NB designation, the uses can be restricted far better than a Shopping Center zoning. , ) Motion by Chairman Retzlaff, seconded by Commissioner Bose1l, that the Planning and Zoning Commission recommends to the Andover City Council approval of the James Conroy rezoning application on the property shown on the site plan on the corner of l39th Avenue NW and Crosstown Boulevard (legal description attached). Rezoning recommendation will be from the current R-4 residential zoning to an NB (Neighborhood Business) zoning for the following reasons: 1) Public hearings were held and there was no public opposition to the rezoning to NB - Neighborhood Business. 2) Said rezoning would comprise an area of 6.75 acres with proposed neighborhood businesses which would comply with the Comprehensive Development Plan under the Goals, Primary Policies, Secondary Policies, under Commercial Development within the City of Andover. Said rezoning would promote neighborhood conveniences; such convenient retail center shall be located to permit and encourage walking. Said rezoning would be subject to all zoning Ordinances pertaining to parking, accesses, screening and fencing. 3) Proposed rezoning to NB (Neighborhood Business) should be subject to site plan as presented to the Planning and Zoning Commission. 4) Site plan shall be subject to review for compatibility with surrounding neighborhood and residences at the time of issuance of any building permits. 5) Said rezoning would not cause an undue hardship or increase, in the opinion of the Commission, of traffic on Crosstown Boulevard or other surrounding major and minor thoroughfares. 6) The subject rezoning would not have a detrimental effect on the health, safety, or general welfare of the community. 7) A market feasibility study has been presented on the proposed rezoning dated 8-4-78 showing a substantial need for such a center in the City of Andover. ~ ) , \ :0 u (j .... ) Planning and Zoning Commission Meeting Minutes - September 11, 1978 Page 4 Vote on motion: yes - Chairman Retzlaff, Commissioner Pyron, Commissioner Kishel. lack of simple majority. Commissioner Bosell; no - Motion tied and dies for Chairman Retzlaff called for a recess at 8:14 to contact the City Attorney for proper procedure. Meeting reconvened at 8:23. He was unable to reach the Attorney. One suggestion was to send it on to the City Council with no recommendation and showing a split decision. Al Schrupp, 2322 - 139th Avenue, "I reviewed the plans when the original came out and I absolutely agree with what he is doing. It is a neighborhood business. The type of business is being limited to what would be compatible with the neighborhood. It will increase the tax base to the City of Andover. It will not allow further planning of a large commercial or a small commercial business to come in nor will it allow big apartment buildings or duplexes which I do not think is compatible with that area. I am in favor of this., I do not stand to benefit any financial gain from this." \ Some of the difficulties the Commission is having with this proposed ~ -~ NB zoning are 1) the statement in the Comprehensive Plan about NB centers serving one square mile or about 5,000 people and 2) the existing NB zoning near this property that has had no construction or activity. Ordinance 8 Section 4.17 was read and discussed. Particularly the portion regarding the Planning and Zoning Commission initiating a rezoning back to the original zoning on the property if construction has not begun within 24 months. Chairman Retzlaff resubmitted his previous motion with Commissioner Bosell seconding it. Vote on motion: yes - Chairman Retzlaff, Commissioner Bosell; no - Commissioner Pyron, Commissioner Kishel. Motion tied. Motion by Chairman Retzlaff, seconded by Commissioner Bosell, that the Planning and Zoning Commission makes the following recommendation to the Andover City Council: that, as a result of a public hearing and extended conversations concerning the request by Mr. James Conroy for rezoning from current R-4 zoning to NB, Neighborhood Business (Legal description of property attached) the Commission has, after many votes, continually arrived at a split decision on the matter. We, therefore, submit to the City Council the Commission's division on this matter and ask the Council to take the case under advisement with a split decision from the Planning and Zoning Commission. \ ,--j Vote on motion: yes - Commissioner Kishel, Commissioner Bosell, Commissioner Pyron; no - Chairman Retzlaff. Motion carried. This will be on the City Council Agenda on October 3, 1978. ~J (~ u u '\ \ ) Planning and Zoning Commission Meeting Minutes - September 11, 1978 Page 5 Engineer Pillatzke reviewed his letter of 9-6-78 with the Commission. The items in this letter are a reiteration of the previous letter from T.K.D.A. reviewing the plat. Discussed waiting with this plat until after October 3, 1978 and the City Council makes a decision on the rezoning on the proposed Lot 2. Motion by Commissioner Pyron, seconded by Chairman Retzlaff, to continue the Pond View Preliminary Plat public hearing until October 10, 1978. Motion carried unanimously. Registered Land Survey (Stack Property) Continued (Comm. #8-78-2) The Commission had received a letter from T.K.D.A. dated 8-30-78 and a letter from Caine and O'Malley dated 8-31-78, requesting a variance from platting requirements relating to topographic data and existing public improvements. Mr. O'Malley said he had talked to Chuck Wetzler, Engineer, after receiving his letter. He indicated on the phone that since there were no roads to build that the topographical information may not be necessary. Mr. Stack eXplained the history on this land \ and how it became registered. ) Mr. O'Malley will attempt to have all the information available in order to have a public hearing by the September 26, 1978 meeting. Pine Hills Preliminary Plat Continued Public Hearing (Comm. #5-78-6) The Park and Recreation Commission has made a recommendation on this plat but the engineering work is still being done. Motion by Commissioner Bosell, seconded by Commissioner Pyron, to continue the Pine Hills Addition Preliminary Plat Public Hearing. Johnson's Field Preliminary Plat Continued (Comm. #4-78-6) \ , ) The City Council has referred the plat back to both the Park and Recreation Commission and the Planning and Zoning Commission for further review. The Park and Recreation Commission met on September 7th and has now made a recommendation that Lots 5, 6 and 7 be dedicated for park land. The Planning and Zoning Commission assumed it was meant the lots were those in Block 3 which have had a number of engineering problems because of the low elevations of lots 6 and 7. The Council had questioned the buildability of Lots 6 and 7 of Block 3 so the Planning and Zoning Commission wondered whether the recommendation by the Park and Recreation Commission would take care of it. If the lots are park land they wouldn't have to be considered for suitability for home sites. : ) / ) " \) .~~ (~ \ U , \J Planning and Zoning Commission Meeting Minutes - September 11, 1978 Page 6 Engineer Pillatzke stated that Lots 6 and 7 are subject to flooding as defined by the 100 year flood plain study prepared by HUD. The study has the flood plain at the elevation of 872. The lots in question must be filled to provide a minimum of 39,000 square feet of buildable land above the 872 contour. Also, the basement elevations must provide 3' of free board above the 872 contours. The lots can be filled to provide this, however filling should not encroach past the property line and onto other property. The lots, as proposed, are not considered buildable from an engineering standpoint. However, they do have a potential of becoming buildable if the previously stated criteria is met. James Kurth, surveyor, said that there is a new study being done by HOD. They would hold these lots off the market until the new study comes in and they felt it would show a lower elevation - that this is too high. Wyman Smith, (Linda Johnson's Attorney) 6441 University Avenue NE, Fridley, "The limitation (On donating park land) is that it has to be reasonable and it should be in conformance with a City Plan. I would think that the City would be better off with cash because 1) there isn't a City Park Plan and 2) because parks in small subdivisions have not worked out well in other communities. A neighborhood park has to be developed to have some sense, otherwise it is just a sand lot where kids can play but if it is going to be improved you have to spend some money on it. It might be better from a City standpoint to have a park that is larger. If you have funds to develop a larger park, it would be better. It seems to me that you (the Planning and Zoning Commission) and the City Council are better able to look at this long range. From the standpoint of the developer, there is a large area of park to be developed across the street and they would prefer to furnish funds. They, in fact, would furnish double the funds that would normally be required. Another fact to take into consideration is that in subdivisions that have these small parks, the lots that are adjacent are not prime. It is better to be away from the parks because a neighborhood park, unless it is large and well planned, tends to be noisy and disruptive and people do not want their house right next door." It was mentioned that the Park and Recreation Commission and the Planning and Zoning Commission are parallel as advisory groups to the City Council. They questioned why the recommendation was made to ask for Lots 5, 6 and 7 of Block 3 when they are low land. They didn't want to accept any additional wetland and the residents of Dehn's Addition said their children were using lots 11 and 12 to play ball, etc. Mr. Smith referred to Section 9 of Ordinance and stated that it would seem that if they didn't agree with the Park and Recreation Commission to at least express some feeling about it. : ) (.J u \ U , ) Planning and Zoning Commission Meeting Minutes - September 11, 1978 Page 7 Motion by Commissioner Bosell, seconded by Commissioner Kishel, to recommend to the City Council approval of the Johnson's Field Preliminary Plat (located at: the S. 66' of the NWt of the NEt of Sec. 30, T. 32, R. 24, Anoka County, MN together with: the swt of the NEt of Sec. 30, T. 32, R. 24, Anoka County, MN except parcels number 1210, 1350, 1365, 1370, 1380, and 1400 as described and filed in the County Auditor's Office.) for the following reasons: 1) the plat is compatible with the intent of the Comprehensive Development Plan. 2) the plat meets the provisions of Ordinances 8 and 10. 3) there was a public hearing held with both "in favor" and "against" responses being received, especially dealing with the handling of storm water. 4) there has been a recommendation from the Park and Recreation Commission for the acceptance of park lands (Lots 5, 6, and 7 of Block 3). However, the developer wishes to donate to the City money in lieu of land and requests that right. It is further noted that upon requesting these specific lots for park land, it does not appear to be consistent with the desires of the residents of the adjoining development as these lots are not desirable, dry park land. 5) the plat has been reviewed by the City Engineer and found to be satisfactory under the City's Engineering standards. It should further be considered that the adjacent land \ (Lund's Round Lake Estates) in the creation of this plat, becomes the _/ holder of double frontage lots. However, the future subdivision plans of that development look for a road to be developed in the location of l47th Avenue and, therefore, would not create difficulty within the City (see Ordinance 10, Section 9.06 F). 6) the Planning and Zoning Commission recommends that Guarani Street be extended to connect with Guarani Street in Lund's Round Lake Estates and said road be constructed. Discussed whether it would be proper to include in the recommendation that the developer has volunteered to donate twice the money required by the Ordinance. Motion carried unanimously. This will be on the City Council Agenda on September 19, 1978. Wobegon Woods Preliminary Plat Public Hearing (Comm. #5-78-4) " ) The Public Hearing was called to order by Chairman Retzlaff. Engineer Pillatzke reviewed his letter of 9-6-78 with the Commission, Some of the items mentioned were: Flora Court and Eidelweiss Court exceed the cul-de-sac length; Block 3 exceeds the 1320' maximum block length; Lot 3, Block 2, Lot 3 of Block 1, Lot 5 of Block 2 and Lot 5 of Block 3 don't meet the minimum frontage requirements; the Park and Recreation Commission has not made a recommendation on park dedication and the developer commented that he would prefer to donate money rather than land; the right-of-way on Round Lake Boulevard should be 75'; Lot 4 of Block 3 is a double frontage lot; the zoning on the adjoining property is not shown; the right-of-way intersections should not be shown as a single point but rather a 20' radius, , ) C) u f '\ U ') , / Planning and Zoning Commission Meeting Minutes - September 11, 1978 Page 8 Chairman Retzlaff called for public input. Donna Gram, 3054 - 174th Avenue, asked what the plat involves and how it would affect them and how many acres they propose per lot. Mr. Bovee, 3023 - 174th Avenue, asked for a definition of R-3 zoning. Mrs. Seel, 3103 - l74th asked whether this development would bring City sewer and water sooner. Motion by Commissioner Pyron, seconded by Commissioner Kishel to continue the Public Hearing for the Wobegon Woods Preliminary Plat to give the developer an opportunity to review T.K.D.A. 's letter and the Engineering matters and the matters brought up by the Commission and also the opportunity to meet with the Park and Recreation Commission. Motion carried unanimously. Rum River Forest Preliminary Plat Public Hearing (Comm. #7-78-3) / "\ ) The Public Hearing was called to order. The Commission had received a letter from T.K.D.A. dated 9-7-78. Some of the items mentioned were: 1) County Road 7 right-of-way should be 75'; 2) the legal description shown is incorrect; 3) the streets will be in accordance with Rural Street standards; 4) the Rum River designation. Chairman Retzlaff called for public input. Dr. Yeager, 4810 Marystone, stated that their major concern was with 159th Avenue. He felt that in considering a plat, consideration should be given to ingress and egress roads to the area. In the last 10 years they have lived there, they have seen considerably more use, primarily because of the development to the North of 159th. There has been no upgrading of the road at all. The road is in a irreparable state. Their concern is having another large area of development go into this area that is going to go out onto l59th meaning more cars and traffic. He was also concerned that a number of his neighbors had been at the meeting to express their views but had had to leave. Derril Burger, developer, mentioned the recommendation of September 11, 1978 from the Park and Recreation Commission not accepting the proposed park land. Lengthy discussion followed on: park land, park money, Park and Recreation Commission recommendation, possibly requesting a special meeting to take care of this developer's questions. Motion by Commissioner Kishe1, seconded by Commissioner Pyron, to continue the public hearing on Rum River Forest Preliminary Plat to September 26, 1978. Motion carried unanimously. , ) , , ) ,- \ '0 u u ) Planning and Zoning Commission Meeting Minutes - September 11, 1978 Page 9 International Tire Recycling Corporation Special Use Permit Public Hearing (Comm. #9-78-1) International Tire Recycling Corporation Variance (Comm. #9-78-2) Chairman Retzlaff called the public hearing to order on the Special Use Permit. Alan Rouse, President of International Tire Recycling Corporation, explained their background and intention~with his wife and son, Mark, assisting. '\ 'J It is a newly formed corporation for the purpose of recycling the tires in the Andover accumulation. He is presently in business in Thief River Falls and they are starting a new business down here. The business in Thief River is a retail auto center. He got involved in the deal in June of last year when the infamous pile of tires got in the newspapers. Having been in the tire business for 27 years, it was extremely intriguing, On August 10, 1978 they closed on the deal with Cecil Heidelberger. They purchased all the land except for 6 acres and the house. Their plan is to get the accumulation of tires cleaned up and have an ongoing operation. They will ultimately need about 8 acres. There is no need for the entire 23 acres of land that they have purchased. \ , ) The whole problem lies in developing a market for the product - the piles of tires. He commented on the various methods they have researched of recycling the tires in order to dispose of them. The pyrolysis method and the cryogenics method would be very expensive. They ran into a road block because of the finances required. Being very determined, they pursued another avenue - the shredded rubber. They now have a purchase order for 3,600 tons (about 360,000 shredded tires) of rubber as a starter which will be shipped out of state to a user. That user will second-phase process them and it will go back into the manufacture of rubber products. They have ordered one shredding machine and have a contingent agreement on 2 more. The machine can either be run by diesel or electricity. The machine they are getting is diesel because it is moveable and cheaper. The first building will be 40 x 42 but if they get 3 shredders in operation the bUilding will be bigger, The shredding machine has the ability to shred the tires down to the bead. One machine will fill one semi with shredded rubber per day. There will be no pollution. The machine has a blower that blows the whole thing into the carrier vehicle so other than the distasteful dust that goes with handling tires, there will be no residue. Everything taken off the tire, with the exception of the beads, goes into the transport carrier. They are working with the Pollution Control Agency and the Environmental Development Agency and those groups are very supportive. They will be creating about 15 job opportunities. The junked autos will be moved by January 1, 1979. ~ ) , '\ i0 \ V () \ ) Planning and Zoning Commission Meeting Minutes - September 11, 1978 Page 10 Cecil Heidelberger, 2052 Bunker Lake Boulevard NW, said that he has more than 6 acres of property. It is called the ''Musket Ranch" and he has been there for 30 years. He does not junk cars. He restores them. He is building a museum west of Anoka for the restored cars. It was explained that the quickest market for using tires is as a coal additive. With the addition of 12% shredded rubber to coal, low-grade or lignite, it increases the efficiency 70%. This develops a market for steel radial tires for which there presently is no market. A new power plant went in in Fairmont that is designed to help solve solid waste problems. They will be bidding on supplying shredded rubber to them. International Tire will be a pilot plant to supply the shredded rubber to the Fairmont plant as a coal additive. It was mentioned that there would probably be about 2 or 3 large trucks and 6 or 8 small trucks, at the most, bringing in additional tires. \ ) Chairman Retzlaff called for public input. Ann Klar, 2054 Bunker Lake Boulevard NW, stated that she lives right behind those tires. She has been trying to sell her place for 2 years and can't because of those tires. She commented on the mosquitoes and rodents, etc., resulting from the piles of tires. She has been hauling in water because she feels her well has become polluted. Mr. Heidelberger replied that the PCA took samples and found no pollution coming from the tires. He said that the tires get too hot for the mosquitoes to breed; and, also, the rodents mentioned need food and there is no food in or near the tires so therefore there are no rodents. Discussed requesting a site plan for the location of the proposed building and the location of the employee parking, etc. Chairman Retzlaff called for additional public input. Motion by Commissioner Kishel, seconded by Commissioner Bosell, to close the public hearing. Motion carried unanimously. The 23 acres of land has less than 300' of frontage on Bunker Lake Boulevard. Discussed the l-acre parcels with the 33' of easement shown adjacent to the West of the 23 acres. Questioned when these parcels became lots of record. It was agreed that a legal opinion from the City Attorney was needed. Both the Special Use Permit and the Variance will be continued until the Special Meeting of the Planning and Zoning Commission on September 14, 1978 at 7:30 P.M. \ ) ~ ) \ '. ) '- '\ \ J ( '\ '-.-J , , Planning and Zoning Commission Meeting ) Minutes - September 11, 1978 Page 11 Richard DeGardner Variance Request (from Ordinance 40) (Comm. #9-78-5) The variance was intended to pertain to Ordinance 40, Section 1, B, the 3-year waiting period. Mr. De Gardner is requesting that Lot 1, Block 2 of Country Estates Addition be split into 2 separate parcels. Since the lot was created by the platting procedure and not the Lot Split Ordinance (#40), a refund was recommended. Motion by Chairman Retzlaff, seconded by Commissioner Pyron, to refund the money on the Variance requested on the split of the lot - subdivision within the past 3 years. Motion carried unanimously. Richard DeGardner Variance (from Ordinance 8) (Comm. #9-78-4) Richard DeGardner Lot Split (Comm. #9-78-3) ) Mr. De Gardner wants to divide Lot 1, Block 2 of Country Estates Addition into 2 lots. The South lot would have 81 feet of frontage and the North lot would have 80 feet of frontage on Gladiola Street. The zoning for this area is R-4. The variance is requested because the lots are less than the minimum required 85' for this zoning designation. The lots each have almost double the minimum square footage required for this zoning. There is one sewer stub about 35' from the South property line. The Commission questioned the drawing submitted that showed a north/south line between 78'and 85' from the lake. It shows survey points there also. The Commission wondered whether this would be creating a separate parcel. Commissioner Kishel will take care of finding out if this is a separate parcel and/or the reason for the north/south line. The lot split and variance discussion will be continued until the Special Meeting of the Planning and Zoning Commission on Thursday, September 14, 1978. Motion by Commissioner the remaining items on on September 14, 1978. Bosell, seconded by Chairman Retzlaff, to continue the agenda to the Special Thursday night meeting Motion carried unanimously. Meeting recessed at 12:25 A.M. .fl_.()L 'H~W~ ~a son Commission C erk " '. / , \ \.~ GERALD T. COYNE 300 BRUNSWICK AVE. S. GOLDEN VALLEY, MINN, MINN, REG. NO, 4741 \ ) lOT SURVEYS COMPANY () RAYMOND A. FRASCH 6917 IDAHO AVE. N. BROOKLYN PARK. MINN. MINN. REG. NO. bHl LAND SURVEYORS \ '- / REGISTERED t;NDER LAWS OF STATE OF MINNESOTA. INDUSTRIAL - JUDICIAL COMMERCIAL - TOPOGRAPHICAL CITY LOTS - PLATTING 7601 - 73rd Ave, No. Minneapoli$. Mirmesota 55428 560.3093 INVOICE NO. F. I. NO. SCALE ." = o - DENOTES IRON ~1trur!Jnrll (!!rrtifiru~ \ j All Lhat part of the Northeast 1/4 of Section 33, TONnship 32, Range 24. Anoka'County, r',iw.esota, described as follows: Co:nmenciIlg at. a point on the 30uth line of said Northeast 1/4 distant 490.00 feetlicst fro:n tne Southeast carrier of said Nort.heast 1/4; t.hence !jort.h at. right angles t.o said Sout.h liue a dist~lce of 630.00 feet; thence West and parallel with the South line of said Northeast 1/4 a distance of 154.00 feet; thE-nce !torth OIL a line dra...m at right angles La the South line of said ;~ortheast 1/4 a distance of 330.00 feet; t.hence Sout.h on the last mentioned lille a-distance of 207.00 feet.; thence dest alld parallel ",ith the South line of said Nort.heast 1/4 a distcUlce of 311.20 feet; thellce South on a line dra"n at right <mEles to the South line of said Northeast 1/4 a distarlce of 127.~O feet; thrulce ~e2t ~ld parallel Nith the South line of said l~ort.hcast 1/4 a disuiI.ce of 110.00 feet; thence l.orth'Nc::;ter1y den ectiJ;g t-o t-he riGht. 28 degrees 47 mir.utes 10 seconds for a distcllce of 202.98 feet; thence }lorth 44 degrees 36 minut.es 53 :.;ecollds East to its int.ersection ",ith a line drawll parallel ",ith and distant 116o.oc) feet North. as measured at right ili,gles, from said South iine to the act.ual point of begL'1liil:g; ther.ce F.ast parallel .....ith said Sout.h lUle 847.02, feet. to i:s intersection with the East line of said ;~ortheast 1/4; th~llce t.orth 1 derrce 41 minutes SO seconds East along said Sast line to a point distant 1023.00 feet Southerly along said i.a~t 'line from the !;ort.he~.3t corner of said Northeast 1/4; thence r;orth 88 degrees 18 minutes 10 seconds ;':est perpendicular to ::;aid East. line 180.00 feet; thence ;.orth 71 degrees )2 mlIlUtes 10 secor.ds liest 411.88 feet. to the center line of C OUI: tv Stat eAid Highway No. 18; thence .:Jouc.'h'.-;ester1y alont; sc.id ~enter line to its intersection wit.h a line bearing l'1orth 4') degrees 23 minutes 07 seconds ','lest. from the act.ual poillt of be[:inniug; t.her,ce 30uth 45 degrees 23 minutes 07 seconds East to tne actual point. of beginning. .t';xcept. the East 2 "11.12 feet, as measured at right angles to the Ea3t. 1 il.e ,-nereof. ,J w. hereby certify that this. j, e tNe end correct representation of . IUrv.y of the boundaries of the t1bove described lond and tl.o toeolion of oil building. ond vi.ibl. on<roothm.nn. il ony. from or on uid lond. Signed Survoyod by u. tl.i._doy of LOT SURVEYS COMPANY 19_