HomeMy WebLinkAboutApril 25, 1978
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Approval of Minutes
1. Comm. #10-77-2
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2. Comm. #4-78-7
3. Comm. #4-78-8
4. Comm. 1f4-78-l
5. Comm. 1f4-78-2
6. Comm. ff4-78-9
7. Comm. 1f4-78-l0
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PLANNING AND ZONING COMMISSION
REGULAR MEETING
April 25, 1978
7:30 P.M.
AGENDA
Joe Chutich Rezoning Public Hearing Continued
Jeff Green Lot Split
Jon Trost Lot Split
G.M. Investment Co. Special Use Permit Public
Hearing Continued
James Refrigeration Special Use Permit
Public Hearing Continued
Clinton Erickson Variance
Bruce Hay Discussion
For publication on April 21, 1978
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~ 01 ANDOVER
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REGULAR PLANNING AND ZONING COMMISSION MEETING
April 25, 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 April 25, 1978
at the Andover Community Center, 1685 Crosstown Boulevard NW, Anoka,
Minnesota 55303.
Commissioners Present: d'Arcy Bosell, James Elling, Walter Dick,
Ralph Kishel, Jeannine Pyron
Commissioner Absent: George Hamilton
Minutes of April 11, 1978
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Corrections: Page 4 - 1st paragrap~4th line - change 7-Day to
Seventh-Day; 5th line - after 'bn the property" add
(Plat 65920, Parcel 9400); 6th line - should read
"that part of Government Lot 4, Section 20, Township
32, Range.24, Anoka County, Minnesota described as .
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Motion by Commissioner Bosell, seconded by Commissioner Elling, to approve
the Minutes as amended. Motion carried unanimously.
Joe Chutich Rezoning Continued Public Hearing (Comm. #10-77-2)
Mr. Chutich has revised his proposed business area per the Planning
and Zoning Commission requests made at the initial public hearing
held 11-22-77. He now shows a hardware store instead of the drug
store, market, hardware and small shops.
Discussed septic systems: after Mr. Chutich gets a rezoning decision
from the City, a building will.be designed and then the Building Inspector
will determine the size of system required. He wishes to rezone the
property to NB - Neighborhood Business. Discussed Ordinance 8 - Section
8.03 - screening required along residential area is not shown on the
drawing. The rental space will be connected with the proposed hardware
store for the rental of roto tillers, etc. Chairman Retzlaff asked
for public input.
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John Peterson, representing Grace Lutheran Church - an adjacent property,
asked what was to be done on the property and Mr. Chutich explained
his proposal. The existing outbuildings will be taken down. The entrance
off of Round Lake Boulevard that is close to the intersection will be
closed. At the last Planning and Zoning meeting on the matter, there
was a lot of negative public input. The residents didn't want a lot
of businesses there. Mr. Chutich has since talked to the major dissenter
and showed him pictures, etc. and he now has no objection.
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Planning and Zoning Commission Meeting
Minutes - April 25, 1978
Page 2
The Comprehensive Plan and the statement that says, "A Neighborhood
Business is intended to serve a residential area of one square mile
and a population of between 2500 and 5000 people" was discussed.
The pages in the Comprehensive Plan with reference to neighborhood
business are 52, 103, 144, 149, 158 and 164. There are a number of
grocery stores in and near Andover, however there are no hardware
stores. Discussed whether a market feasibility study should be required
per Ordinance 8 Section 4.17 or whether that section only applies to
Shopping Centers.
Motion by Commissioner Kishel, seconded by Commissioner Pyron, to
close the public hearing. Motion carried unanimously.
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Discussion on public hearing notices. The continued rezoning was on
the published agenda in the Anoka County Union. A "continued public
hearing notice" was not published in the legal section of the paper.
The Commission Clerk neglected to notify the property owners within
350' of this continued public hearing until the day before the hearing.
The objections to the rezoning voiced at the initial hearing were because
of the numerous businesses Mr. Chutich had proposed. Since there is
only the hardware store proposed now, it doesn't appear to be a problem.
Motion by Commissioner Elling, seconded by Commissioner Kishel, that
the Planning and Zoning Commission recommends to the Andover City
Council approval of the Joe Chutich rezoning application on the property
(Plat 65932 Parcel 3610) located at Round Lake Boulevard and County
Road #116 from R-l to NB for the following reasons: 1) a public hearing
was held and there was no public opposition; 2) it is not in conflict
with the Comprehensive Plan; 3) that a sketch, as presented on 4~25-78,
does not show the screening as required in Ordinance 8 Section 8.03
and further note that Mr. Chutich will correct and conform to this
section.
Discussion: on item #1 of the motion, because of the negative public
input at the first part of the public hearing; outside lighting; signs;
the street should be shown as Underclift Street on the sketch before
it goes to the City Council.
Amendment by Commissioner Bosell, seconded by Chairman Retzlaff, that
the public hearing held in November of 1977, applicable to this rezoning,
had considerable opposition as it pertained to the original sketch;
however, the sketch as presented on 4-25-78 had no opposition.
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Amendment and Motion carried unanimously. This will be on the City
Council Agenda on May 16, 1978.
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Planning and Zoning Commission Meeting
Minutes - April 25, 1978
Page 3
Jeff Green Lot Split (Comm. #4-78-7)
Jerry Green, of 2703 Bunker Lake Boulevard, introduced his son Jeffery
who owns a lot, which he wishes to divide, on the NE corner of Eidelweiss
and Bunker zoned R-4. They are planning to build the houses on both
lots facing Bunker but the driveway for the corner lot would be off
Eidelweiss. The lot is one of 3 that was to be created by platting by
Richard Hoggatt. Mr. Hoggatt withdrew the plat and divided his land
into 3 lots by variance in 1977.
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Discussed depth of lot on corner. Mr. Green said the depth is 130'
and the front width is 125'. The driveway for the East lot would be
at the intersection of Crooked Lake Boulevard. The sewer stubs, according.
to Mr. Green, are on Bunker. It was mentioned (in relation to the danger
of putting a driveway into the Crooked Lake Boulevard intersection)
that Ordinance 40 states that a lot split must not interfere with
orderly planning and must not create traffic control problems. Mr.
Green said there is a stop sign on Crooked Lake Boulevard and this would
be no more hazardous than any other driveway on Bunker Lake Boulevard.
The house would be high enough to avoid the glare of car lights from
Crooked Lake Boulevard.
Discussed the concern of the City Engineer at the time of the proposed
platting of the property regarding the flood plain area along Coon
Creek (refer Ordinance 8 -Section 4.33). The Ordinance restricts
building within 75' of the high water mark. Mr. Green said they would
be putting in a walkout basement built above that point.
Park dedication fee was paid by Richard Hoggatt for this property.
Discussed whether this lot split is allowed since Ordinance 40 states
no parcel may be divided within 3 years. The lot was created by variance
before Ordinance 40 was adopted. The intent appears to circumvent
the platting Ordinance which Ordinance 40 prohibits but the Commission
concurred that legally Mr. Green may divide the land.
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Ingo Schalwig, 13725 Eidelweiss, stated he had been interested in
buying the lot on the corner but at the time was unable to. They wished
to have screening or a buffer zone from Bunker and all the traffic.
There are 2 big white homes with room between on Eidelweiss now. These
proposed 2 lots would have houses very close together. When Mr. Schalwig
heard the property had been sold, at what he considered a high price,
he thought one house would be built; but when he got the notice of
this proposed lot split he became concerned enough to come to the meeting.
He mentioned that this area is soon going to require traffic signals
similar to 242 and 10 because of increased traffic and Mr. Green wouldn't
want to live at the end of Crooked Lake Boulevard.
Discussed houses in the area. It was mentioned that this (the lot
split) wouldn't conform to the residences immediately North on Eidelweiss
and wouldn't conform with existing houses in the area.
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Planning and Zoning Commission Meeting
Minutes - April 25, 1978
Page 4
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Motion by Commissioner Bosell, seconded by Commissioner Kishel, that
the Planning and Zoning Commission recommends to the City Council denial
under Ordinance 40 and 40A of the Jeffery Green Lot Split (on the
property described as: that part of the SE~ of the NW~ of Section
33, Township 32, Range 24 in Anoka County, MN described as follows:
Commencing at the SW cor. of said SE~ of the NW~; thence E. (assumed
bearing) on the S. line of said SE~ of the NW~ a distance of 901.16';
thence N. 1008'24" E. a distance of 50.01' to the point of beginning
of the land to be described; thence deflect left in a NW direction on
a curve having a radius of 170' a distance of 109.78'; thence N. 350
51'36" W. a distance of 20.22'; thence N. 69049'38" E. a distance of
402', more or less, to the center line of Coon Creek; thence SE on said
center line to its intersection with the E. line of said SE~ of the NW~;
thence S. along said E. line a distance of 185', more or less, to a
point 50' N. of the SE cor. of said SE~ of the NW~; thence W. and parallel
to the S. line of said SE~ of the NW~ a distance of 415.94' to the
point of beginning.) for the following reasons: 1) although the application
would create lots within the size requirements of an R-4 zone, the
proposed htswould not be consistent with the surrounding area; 2)
the traffic generated by the creation of these lots would be hazardous
to the public safety and welfare; 3) they would not be consistent with
the orderly planning of the area.
Motion carried unanimously. This will be on the City Council Agenda
on May 16, 1978.
Jon Trost Lot Split (Comm. #4-78-8)
Jon Trost of 13842 Northwood Drive wants to divide his R-4 zoned lot
into 2 parcels. The lot split has already been surveyed and all the
legal aspects taken care of on it. The reason for doing this is to cut
down on the expense incurred because of the two recent special assessments
in this area. His house payments increased by a little over 33% during
this time and his wages have not increased to 33% and according to the
surveyor that he had do this and the contact he had with City hall,
they seemed to think this was a splitable lot. His house is on the
Southern lot. The South lot is just over 14,000 square feet and the
North lot is a "strong 14,000" square feet. R-4 requires 13,000, 85'
of frontage and 130' of depth.
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Discussed the date (February 13, 1929) given by the County as when the
property became a lot of record. Talked about park dedication in the
area if the lot was created so many years ago. The South lot doesn't
meet the lot depth requirement of 130'. This would create lots that
are quite a bit smaller than those in the area. Most of the lots are
about 100 x 200 or 19,000+ square feet. The North lot is already stubbed
for sewer (that happened while he was at guard camp).
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Planning and Zoning Commission Meeting
Minutes - April 25, 1978
Page 5
Motion by Commissioner Pyron that the Planning and Zoning Commission
recommend to the City Council the approval on a lot split based on the
following reasons: 1) it meets the R-4 zoning requirements; 2) it
meets the square footage requirements except for the lot depth; 3)
it meets the requirements of the Comprehensive Plan; 4) it is not
detrimental to the health and welfare of the Community and the surrounding
neighborhood. Motion dies for lack of second.
Motion by Commissioner Bosell, seconded by Commissioner Kishel, that
the Planning and Zoning Commission recommends to the City Council
denial of the Jon Trost lot split under Ordinance 40 and 40A (on the
property described as: All of Lot 1, Block 4, Northwoods Addition,
Anoka County, MN except the SW 130' as measured along the NW and SE
lines thereof.) for the following reasons: 1) although the application
would create lots within the size requirements of an R-4 zone, the
proposed lot would not be consistent with the surrounding area; 2)
the lot does not meet the minimum lot depth requirement of 130'; 3)
it would not be consistent with the orderly planning of the area.
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Vote on motion: yes - Commissioner Bosell, Commissioner Kishel, Commissioner
Dick, Chairman Retzlaff; no - Commissioner Pyron; present - Commissioner
Elling.. (Commissioner Elling lives within 350' of the proposed lot
split).
Motion carried. This will be on the City Council Agenda on May 16,
1978.
G. M. Investment Co. Special Use Permit Public Hearing (Comm. #4-78-1)
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Chairman Retzlaff opened the public hearing. Jerry Green was present
to represent G. M. Investment Co. The 4 parcels zoned NB contains
2.92 acres. The property is located at Crosstown Boulevard between
l38th and Bunker and was rezoned from R-l to NB by Mr. Green in 1975.
He later sold it to Gilbert Menkveld. In order to comply with Ordinance
8 - Section 4.l~which states if construction has not begun within
24 month~ any development must apply for a Special Use Permit, Mr.
Menkveld has applied for a special use permit. The title to the land
was cleared on January 10, 1978 which is the reason the property has
not been used. James Refrigeration has a purchase agreement on Parcel
1610. G. M. Investment has no plans for the remaining parcels at this
time. Originally, in 1975, the Planning and Zoning Commission and
City Council saw the plans for the development of 2.92 acres (all 4
parcels) and that is what the rezoning approval was based on. Now
they wish to develop Parcel #1610 with no plans for the rest of the
property. NB zoning in Ordinance 8 Section 6.02 requires a minimum
of 2 acres. Parcel 1610 is a little over one acre.
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Planning and Zoning Commission Meeting
Minutes - April 25, 1978
Page 6
Discussed whether the fact that sewer is now available would make a
difference to Section 6.02 of Ordinance 8. The traffic plan has been
approved by the County for the development they are proposing now.
Charlie James, 4223 Grimes, Minneapolis, "It occurs to me that the 2
acres was set up to avoid spot zoning. It forces the City to have
a larger tract of land under consideration. This is a large enough
area for a Neighborhood Business. I don't know of that many businesses
that need 2 acres of land."
Discussed whether it is feasible to have so many stores (small grocery
type) within a mile. The Comprehensive Plan states 2500 to 5000 people
and a distance of 1 mile as the criteria for a Neighborhood Business.
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Wes Golyer, 2708 Bunker Lake Boulevard, '~e would be approximately
kitty corner across from where this business is going. For safety
and also convenience, I am all for this market going in. I think it
would cut down on a possible accident or two. Also, a little competion
wouldn't hurt those other grocery stores. They might cut down a little
on their prices."
Discussed what effect this business might have on the safety of the
numerous children in Green Acres, Northwoods and Red Oaks additions.
There are no sidewalks, the road is narrow and there is a great amount
of traffic on Crosstown. The South 2 lots on Crosstown have wider County
Road right-of-way however. Mrs. Golyer stated they see kids coming and
going already and there won't be any more traffic. Gilbert Menkveld,
737 East Main, "The Attorney said at the original public hearing that
economics cannot enter into this at all."
Motion by Commissioner Kishel, seconded by Commissioner Elling, to
close the public hearing. Motion carried unanimously.
Motion by Commissioner Bosell, seconded by Commissioner Kishel, that
the Planning and Zoning Commission recommends to the City Council
approval of the Special Use Permit application of G. M. Investment Co.
under Ordinance 8 Section 4.17 (c) on the property described as: Plat
65933 Parcel 1610, Plat 65933 Parcel 1670, Plat 65933 Parcel 1590,
Plat 65933 Parcel 1680 (2.92 acres) for the following reasons: 1)
there has been no change since the initial application and it's intended
use; 2) the application meets the requirements of the Ordinance; 3)
there was a public hearing held and the input was supportive and so noted.
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Motion carried unanimously. This will be on the City Council Agenda
on May 16, 1978.
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Planning and Zoning Commission Meeting
Minutes - April 25, 1978
Page 7
James Refrigeration Special Use Permit Public Hearing (Comm. #4-78-2)
Chairman Retzlaff opened the public hearing. Charlie James of James
Refrigeration was present to explain their proposal. They wish to
build, on Parcel #1610 (on the corner of Bunker and Crosstown), an
approximately 2700 square foot superette. Mr. James said, "At the
present time, I believe our site plan, as drawn, meets all the requirements
of Andover ordinances for parking, setback, etc. I have also gone
to the County Highway Department and met with Bud Redepenning and have
gotten concurrence on the site plan pertaining to the driveways and I
believe the issue of the Special Use Permit addresses itself to the
installation of self-service gasoline. I have also brought a set of
plans indicating that this has been inspected and approved by the State
Fire Marshall and complies with all applicable Ordinances as to the
environment and health and safety and fire hazard. I have a floor
layout of the superette. Basically it would involve the complete sale
of a full grocery line on a reduced scale - produce, deli, dairy, meat,
beverage, hot sandwiches and a cup of coffee. Our study has indicated
that within a 1 mile radius of this location, there are over 600 homes
r\ and it is rapidly growing. My client, in this case, feels one thousand
'-J dwelling units is ample. This is considered to be a growing neighborhood
and my client is most anxious to establish a store at this location."
Discussion on 2-acre minimum requirement: whether to continue the
discussion to get legal advice on it or proceed as the Ordinance states
2 acres and this doesn't meet the size requirement; whether City sewer
would or could make a difference on the lot size requirement. The
Commission looked over the sketch submitted by Mr. Green in 1975 that
was approved by the Planning and Zoning Commission June 10, 1975 showing
all 4 parcels with one business. Discussed the motion made by the
Commission in 1975 and whether there are sewer stubs on the 4 parcels.
Those present discussed whether a variance against Ordinance 8 - Section
6.02 would be the answer. Chairman Retzlaff will ask the City Attorney
for an opinion and interpretation. Mr. James shows 15' of landscaped
area along the street and Section 8.04 of Ordinance 8 requires 20'.
Also mentioned was Section 8.03 - screening requirements and Section
8.08 (D) 4 - parking requirements. Mr. James will revise the drawing.
Motion by Commissioner Bosell, seconded by Commissioner Elling, to
continue the public hearing. Motion carried unanimously. This will
be on the Planning and Zoning Commission Agenda on May 9, 1978 for
further consideration.
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Planning and Zoning Commission Meeting
Minutes - April 25, 1978
Page 8
Clinton Erickson Variance (Comm. #4-78-9)
Mr. Erickson stated that he wants to build a garage and the only place
he has to build it is within 5 feet of the property line. His next
door neighbor got a variance to build his garage 5 feet from his property
line so the 2 garages would be 10 feet apart. Behind the house is all
swamp.
Motion by Commissioner Pyron, seconded by Commissioner Elling, that
the Andover Planning and Zoning Commission recommends to the City Council
the granting of a variance from Ordinance 8 Section 6.02 to Clinton
Erickson on Plat 65927 Parcel 8000 for the purpose of constructing a
garage within the 10' sideyard setback requirement for the following
reasons: 1) denial of such a variance would create a hardship based
on topographical characteristics; 2) financial hardship on Mr. Erickson;
3) it is not detrimental to the health, welfare and safety of the
Community; 4) it is not inconsistent with the area.
Motion carried unanimously. This will be on the City Council Agenda
c=) on May 16, 1978.
Bruce Hay Discussion (Comm. #4-78-10)
Mr. Hay was not present.
The Commission discussed purchasing ''Rezoning'' signs to be placed
on property that is being considered for a rezoning. They had noticed
signs being used in other Cities. This would help to notify residents
of what is going on in their area or Community.
Adiournment
Motion by Commissioner Kishel, seconded by Commissioner Pyron. Motion
carried unanimously.
Meeting adjourned at 10:45 P.M.
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Deloris J. H son
Commission Clerk
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