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HomeMy WebLinkAboutJanuary 24, 1978 o o 0 CITY of ANDOVER o o PLANNING AND ZONING COMMISSION Regular Meeting - January 24, 1978 AGENDA Approval of Minutes 1. Comm. #1-78-4 Roger Streich Variance 2. Comm. #1-78-5 Cedar Crest 4th Add'n Preliminary Plat Public Hearing 3. Comm. #1-78-6 United Power Association Special Use Permit Public Hearing 4. Comm. #7-77-4 Cunningham Addition Preliminary Plat 5. Comm. #1-78-7 Fox Meadows Sketch plan 6. Comm. #1-78-8 Olson Sketch Plan o For publication on January 20, 1978 7. Comm. #1-78-9 Ken Heil Variance 8. Comm. #1-78-10 Leslie Bever Variance ~ \.~ f"\ \...../ o (~ \.~ o o 0 ~ 01 ANDOVER o REGULAR PLANNING AND ZONING COMMISSION MEETING January 24, 1978 MINUTES The Regular Meeting of the Andover Planning and Zoning Commission was called to order at 7:30 P.M. by Chairman Larry Retzlaff on January 24, 1978, at the Andover Community Center, 1685 Crosstown Boulevard NW, Anoka, Minnesota 55303. Commissioners Present: d'Arcy Bosell, James Elling, Ralph Kishel, Jeannine Pyron Commissioner Absent: Gary Schwendinger Also Present: Rex Stockwell, City Engineer from T.K.D.A., and others Minutes Correction: page 4 - 1st paragraph - 4th line from bottom - delete "the requested variance" Motion by Commissioner Elling, seconded by Commissioner Bosell, to approve the Minutes of January 10, 1978, as corrected. Motion carried unanimous ly. Leslie Bever Variance (Comm. #1-78-10) At the last City Council Meeting it was pointed out that the requested house moving permit of Mr. Bever could not be granted because the property does not meet the minimum lot size requirement. In discussion it was mentioned that perhaps the proper procedure would be to rezone the property so it can meet the correct zoning requirements rather than granting a variance on a lot that doesn't meet the lot size standards of Ordinance 8. Motion by Commissioner Elling, seconded by Commissioner Kishel, that the Planning and Zoning Commission recommend to the Andover City Council approval of the Leslie Bever Variance request under Ordinance 8B Section 4.04. There was no public opposition noted. Motion carried unanimously. This variance will be on a Special City Council Meeting on January 26, 1978. ) , \ '0 u u " ) Planning and Zoning Commission Meeting Minutes - January 24, 1978 Page 2 Roger Streich Variance (Cornm. #1-78-4) Mr. Streich wishes to divide his property - Lot 13, Watt's Garden Acres - into 2 parcels. He appeared before the Commission and the City Council with a lot split request recently. It (the lot split) was not allowed, per Ordinance 40A, because it is in a GB zoning district and he was advised to apply for a variance to divide his 1 and. Commissioner Bosell noted that the variance fee should be $50 instead of the $25 he was charged. Mr. Streich said the land is his and he has an owner's Certificate of Title. He will retain the land on Hanson Boulevard and start a body shop. He has a buyer for the Jay Street ~ of the property who wishes to put in a machine shop. Discussed with Mr. Streich and his friend, Kathryn Miller, whether the splitting of this lot and the businesses to be started would create problems and accelerate the expansion of City sewer. Also, whether \ the machine shop would be allowed considering that the Ordinance states '- ~ machine shops would be allowed in LI zoning districts. Discussed definitions of LI and GB zoning and the State Statute covering metes and bounds land divisions. Motion.by Commissioner Kishel, seconded by Commissioner Pyron, that the Planning and Zoning Commission recommend to the Andover City Council approval of the Roger Streich Variance in accordance with Ordinance 10 Section 17.01 in that the hardship is due to the size of the land (being slightly under 10 acres) and the variance would not adversely affect the adjacent property owners or the Comprehensive Development Plan or the spirit or intent of the Ordinance and there was no public opposition to the Variance. Discussion: 14.01 (3) - he has the width requirement but not the acreage; he can file or record the conveyance according to Ordinance 10 Section 14.01 (3); Section 17.01 of ordinance 10. Amendment by Commissioner Kishel, seconded by Commissioner Pyron, to include Section 14.01 (3) of Ordinance 10. Amendment and motion carried unanimously. They are requesting that this be on the City Council Agenda on February 7th because of the possible pending purchase. " ) \ j -, /' " j ) , . \ o o , I , J Planning and Zoning Commission Meeting Minutes - January 24, 1978 Page 3 Cedar Crest Estates 4th Addition Preliminary Plat Public Hearing (Comm. #1-78-5) Chairman Retzlaff opened the public hearing. Everyone has a copy of the settlement statement that Andover has entered in with Mayban - the developers of this property. Engineer Stockwell had submitted a letter dated 1-19-78 (copy attached) which he reviewed with the Commission and Charles Bankey, developer. Items required by Ordinance 10 which were not on the plat: 1) yard set-back distances - the plat shows the setback lines but not the dimensions; 2) address of owner, subdivider and surveyor; 3) boundary line survey information for West line of plat - dimensions not shown; 4) existing zoning classifications of all adjacent property; 5) location of existing utilities; 6) names of adjacent property owners are not shown; 7) intended use of property; 8) source of water supply; 9) source of sewer; 10) minimum basement floor elevations; 11) review of proposed street and storm sewer plans by City Engineer, per settlement stipulation - there was no problem with the street until Engineer Stockwell looked at the storm sewer. The biggest problem is that they were proposing 4 ponding areas (the park is one). The 3 ponding areas, excluding the park, are below design capacity for a 100-year storm. Either the 3 ponds have to be dug out for greater depth for more run off or the surface water has to be collected and taken to some natural drainage way. Lot 10 is kind of ideal for a ponding site but would require some digging out. Lot 6, Block 1 - the majority of that ponding site would not be in the plat but in the property to the North. Another possibility would be to combine the 2 Northerly ponds, dig out and make one ponding area. But it would take extensive work to meet the 100- year drainage requirements. Another alternative would be to run the storm sewer down to the park area and then the overflow to the Rum River. Engineer Stockwell has not met with the developers yet to review these plans or options. Commissioner Kishel, '~ow about the profile on l75th Lane as it meets with Zea?' The profile indicates that there is a grade of 3.1%.11 Engineer Stockwell, "I didn't spend a lot of time reviewing the street grades because of the storm sewer thing. There may be revisions in both. Generally it's not advisable to have that steep of a grade at an intersection. What can be done is steepen the grade up from station 5 to station 2 and then flatten it as it approaches the intersection." Mr. Bankey stated that these revisions are the first they have seen. When they got the settlement paper they thought they just had to do those few things. Chairman Retzlaff commented that the Planning and Zoning Commission has certain restrictions to follow so a plat meets the requirements of Ordinance 10. , ) , \. v u u \ " ,) Planning and Zoning Commission Meeting Minutes - January 24, 1978 Page 4 Homer Nelson, 17691 Blackfoot Street, "Are these I-acre or 2~-acre lots now?" He was advised that the lots are 1 acre. Dennis Norsten, 17525 Tulip Street, "If this is going to be I-acre lots over there, I am right across the road and have 5~ acres. Can I have I-acre lots?" Chairman Retzlaff explained the past history on this plat and also the current moratorium requiring 2~ acre minimum lot size. Mr. Norsten also asked if this plat will bring water and sewer sooner. Commissioner Pyron mentioned that 9.05 C of Ordinance 10, the corner lots must be 15' wider than interior lots, has not been complied with. Commissioner Elling brought up the following corrections to be made and/or problems: (1) Ordinance 10, Section 9.06c - Lot 7, Block 7 is not 15' wider than the interior lots. (2) Ordinance 10, Section 9.03p - Lot 7, Block 7 - the 20' radius is missing at the intersection of l74th Avenue and Tulip Street. (3) Lots 2 & 3 of Block 2, Lots 2, 3, 6, & 7 of Block 4, Lots 2, 3, 4, 5, 6, 9, 10, 11, 12, & 13 of \ Block 5, and Lots 2, 3, 4, 5 of Block 7 do not show correct square j footage. (4) Lots 3, 4, & 5 of Block 7 are less than one acre in size. (5) Ordinance 10, Section 8.0lb - legal description is missing. (6) Ordinance 10, Section 8.0ld - plat drawn to wrong scale. (7) Ordinance 10, Section 8.02c - existing zoning within 300' missing. (8) Ordinance 10, Section 8.03c - sewer profiles missing. (9) Ordinance 10, Section 8.03d - minimum basement elevations are not shown. (10) Ordinance 10, Section 9.04a - utility easements not shown along rear lot lines. (11) Lot dimensions on Lots 1 & 2 of Block 1, Lot 7 of Block 7 and Lots 1, 2, 3, 12, 13, & 14 of Block 5 are not shown. (12) Yard setback distances not shown. (13) Address of owner, subdivider and surveyor is not shown. (14) Complete boundary line survey information for the West line of plat. (15) Location of existing utilities and easements. (16) Names of adjacent property owners. (17) Intended use of property. (18) In addition, it is noted that a discrepancy exists between the preliminary plat as presented and Item #1 of the settlement stipulation which reads, '~ot 1, Block 4, Cedar Crest Estates Fourth Addition shall be shown as additional land dedicated for park land". Engineer Stockwell explained that the settlement stipulation is not referring to the same plat as the revised one the Planning and Zoning Commission is reviewing. The lots and blocks have been changed which caused the discrepancy. \ , ) ~-J , <J '-.J .' \ V , ! j Planning and Zoning Commission Meeting Minutes - January 24, 1978 Page 5 Commissioner Kishel stated, "I would like to have the access along County Road #58 or Tulip Street restricted. The access should not be on Tulip. Also, the entrance of of Lot 7 should be constructed so that it is greater than 60' from the entrance onto #58. There should be a temporary cul-de-sac shown on the North ends of Xenia and Zea Streets. Mr. Bankey asked for the scale the Commission wished on the plat they will be submitting. ;rlre Commissioners .}llT agreed on 1"= 100'. fYlo5+ oS< .Jh~ t..orr..C+i<>n .:1-1'1-7 'ii Motion by Commissioner Bosell, seconded by Commissioner Kishel, to continue the public hearing. Motion carried unanimously. This will be on the February 14th Planning and Zoning Commission Agenda. United Power Association Special Use Permit Public Hearing (Comm. #1-78-6) Chairman Retzlaff opened the public hearing and commented that the United Power Association had a Special Use Permit pending with the City and that was withdrawn due to the break down in negotiations with the property owner. ~ I , j Pat Cairns, United Power Association, "As Larry mentioned, our negotiations broke down on Verdin Street. We looked on the recommendation of the Planning and Zoning Commission to look for some alternative sites and we discovered another site that would be available to us and we contacted the property owner and acquired an option to purchase approximately 7 acres of land. This is located about ~ mile off Round Lake Boulevard. The structure would be in the woods and the driveway will come in off of Heather Street. This is located on the same single pole 69kv transmission line. The closest home would be on the NW corner of Heather and l73rd Lane. " Motion by Commissioner Kishel, seconded by Commissioner Bosell, to close the public hearing. Motion carried unanimously. The Commission has received a letter (copy attached) from the property owner - Gerald Flor - giving his approval. United Power Association has a signed option from him. '\ , ) Motion by Commissioner Bosell, seconded by Commissioner Pyron, that the Planning and Zoning Commission recommend to the Andover City Council approval and granting of the Special Use Permit for United Power Association to construct an electric distribution substatio~ on the parcel described as the South 218 feet of the SE~ of the SW~ and the South 198' of the E. 240' of the SW~ of the SW~ of Section 4, Township 32, Range. 24, in compliance with Ordinance 8 Section 5.03 for the following reasons: 1) it is not detrimental to the health, safety, morals or welfare of the community; 2) There was no public opposition to the proposed site; 3) it would be in compliance with the Comprehensive Development Plan; 4) there was a public hearing held and no opposition. Motion carried unanimously. This will be on the City Council Agenda February 21, 1978. ) \ \. ) ~) \ V '. , ;' Planning and Zoning Commission Meeting Minutes - January 24, 1978 Page 6 Fox Meadows Sketch Plan (Comm. #1-78-7) Lawrence Carlson presented plans for development of a l14-acre parcel with 35 lots in Section 18. All of the lots are 2~ acres or more and they all have 300' frontage or more. Discussion: corner lots should be 15' wider than the interior lots; none of the lots will front on either County Road 20 or 58; the streets would be Class 5; the Park Commission will review the plat relative to location and approval of the proposed park land. Esther Olson Sketch Plan (Comm. #1-78-8) Mrs. Olson presented a 40-acre sketch plan with 11 lots in Section 22 off l54th Lane. Her primary reason for this is to give her daughter, and possibly her son, 5-acre parcels on which to build a home. , \ '-) Her sketch plan shows a lot of feet of roads compared to the number of lots, some of the lots are low and peat although there is also woods and high, buildable ground in the 40 acres. The Commission advised her that there would be a lot of work and money involved in constructing the roads and making some of these proposed lots buildable and also, the park dedication must be considered. Mrs. Olson will perhaps break off, by metes and bounds, a 5-acre parcel touching l54th Lane to give to her daughter. She was advised to divide the property so as to provide for possible future development. \ ) Ken Heil Variance (Comm. #1-78-9) Mr. Heil owns Tract A (parcel 3600), Tract B (parcel 4040) and lots 1-6 of Hartfiel's Estates. He is selling lots 5 and 6 but needs a variance to sell as he has planned. There is an old , small, 2-bedroom house, the original homestead, on Lot 6. Only every other lot can be built on in Hartfiel's Estates until City sewer comes in. Therefore Lot 5 is currently unbuildable. There are 2 outbuildings, a wood- framed, concrete slab, ZO.x 26 shop arid the barn which he uses as a storage building. on the West side of lots 5 and 6. The outbuildings on the West 50' belong to Mr. Heil and he wants to keep them and, also, it wouldn't be feasible to move them. Because of the way that the buildings are sitting, they don't go with the old house that is on lot 6. The house on lot 6 faces Andover Boulevard, the driveway is off of Andover Boulevard and the address is 1415 Andover Boulevard. He wishes to combine lots 5 and 6 and sell as one lot, with the house, that is 117' wide (frontage on Andover Boulevard) and 200' deep and would be legally described as lots 5 and 6, Block 4, Hartfiel's Estates less the West 50' thereof. There will be no more building done on the property. It would just be changing the boundaries of the land on paper. " J "\ ) \. ) , ) f " ". ) r -.... U r \ J Planning and Zoning Commission Meeting Minutes - January 24, 1978 Page 7 Discussion: Ordinance 10, Sections 8.02E and 14.02; replatting; which portion of the ordinance to use for approving the variance; he has a purchase agreement on the lot and house; Ordinance 10 Section 17.02; creating a bigger lot than lot 6 with the house because of the combination of lots 5 and 6. Motion by Commissioner Kishel, seconded by Commissioner Elling, that the Planning and Zoning Commission recommend to the Andover City Council the approval of the Ken Heil Variance for the request of conveyance of lots 5 and 6 of Block 4, Hartfiel's Estates excepting the West 50' thereof. Approval under Section 14.02, hardship, of Ordinance 10 for the following reason: denial of such variance would create a hardship due to Mr. Heils having to relocate the two outbuildings on to Tract B (parcel 4040) which would be economically unfeasible. Approval contingent on Lot 5 and Lot 6, Block 4 Hartfiel's Estates being combined into one lot with the exception of the West 50' thereof and that 50' being combined with the legal description of Tract B (parcel 4040). Motion carried unanimously. Mr. Heil will ask to be on the February 7, 1978 City Council Agenda because of the time problem in selling the house. Adiournment Motion by Commissioner Kishel, seconded by Commissioner Elling, to adjourn. Motion carried unanimously. Meeting adjourned at 10:30 P.M.