HomeMy WebLinkAboutJuly 11, 1978
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Approval of Minutes
1. Comm. #5-78-2
2. Comm. ff4-78-6
3. Comm. 1f6-78-3
4. Comm. #2-78-5
5. Comm. 1f6-78-9
6. Comm. fF7 -7 8-1
7. Comm. 1f5-78-6
8. Comm. ff7-78-2
9. Comm. 1f5-78-8
10. Comm. #6-77-6
PLANNING AND ZONING COMMISSION
REGULAR MEETING
July 11, 1978
7:30 P.M.
AGENDA
Galen Ferrian Special Use Permit Continued
Johnson's Field Preliminary Plat Continued
Public Hearing
John Sonterre Variance Continued
Pond View Preliminary Plat Continued
Public Hearing
James Conroy Rezoning (Pond View) Continued
Public Hearing
Vacation of Easement (Rosella Sonsteby)
Public Hearing
Pine Hills Addition Preliminary Plat Public Hearing
Donald Janssen Variance
Ordinance #37 Amendment (Amending Mandatory Septic
System Pumping Section)
Discussion of Ordinances 8 and 10 Revision
For publication on July 7, 1978
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REGULAR PLANNING AND ZONING COMMISSION MEETING
July 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 July 11, 1978
at the Andover Community Center, 1685 Crosstown Boulevard NW, Anoka,
Minnesota.
Commissioners Present: d'Arcy Bosell, Walter Dick, Ralph Kishel,
and Jeannine Pyron
Also Present: Dewey Kasma, Engineer from T.K.D.A., and others
Minutes
Motion by Commissioner Bosell, seconded by Commissioner Kishel, to
approve the Minutes of June 27, 1978. Motion carried unanimously.
Galen Ferrian Special Use Permit Continued (Comm. #5-78-2)
The City Council has returned the Special Use Permit to the Commission
for review of the proposed use of the property. The Commission received
a sketch plan from Mr. Ferrian. The sketch shows that the fence is
107' from the lot line, the building is 8 x 16 and the house is 60'
from the fence. The Commission agreed that Mr. Ferrian's drawing
was inadequate. Chairman Retzlaff asked the Ferrian's to redraw their
sketch and come back in an hour or so.
John Sonterre Variance Continued (Comm. #6-78-3)
The variance request has been withdrawn and the City Council has already
refunded the variance fee to Mr. Sonterre.
Vacation of Easement (Rosella Sonsteby) Public Hearing (Comm. #7-78-1)
Chairman Retzlaff called the public hearing to order for Rosella Sonsteby's
request for vacation of an easement in Section 29. Chairman Retzlaff
referred to the City action in 1977 denying her similar request to
vacate this easement.
Commissioner Bosell referred to the letter from 5-9-77 from Gabriel
Giancola (the Hagen's attorney) that states, in part, that the prescriptive
easement was granted in court and "Although this is the case, whether
or not said easement is vacated, my client would retain their prescriptive
rights as outlined in the aforementioned judgment". She asked if that
statement says that if the City vacates the easement, the Hagen's
still have the right of ingress and egress over that property.
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Planning and Zoning Commission Meeting
Minutes - July 11, 1978
Page 2
(Commissioner Bosell continued) One of the reasons for denial before
was that this easement would be a natural extension of l43rd in the future.
The sketch plan, submitted by Mrs. Sonsteby recently, does not include
this as an extension. That easement goes on the back lot line of some
of the lots in her sketch. If we vacate the easement, in her opinion,
the Hagen's would still retain their right of ingress and egress because
they have been granted that.
Attorney Giancola stated that the letter was "his opinion" and didn't
think the Commission could rely on that. Chairman Retzlaff felt that
the Hagen's would not have a right to ingress and egress if the easement
was vacated.
Chairman Retzlaff asked Mrs. Sonsteby to present her request and, if
possible, tell the Commission what circumstances are different today
than from on May 1, 1977.
Rosella Sonsteby, 'The circumstances probably aren't that much different.
I am developing the property there and I feel that this road easement
is between the Town of Grow and me and nobody else. As far as anybody
else connected with it, that is a different story. This road easement
is only between the Town of Grow and me. There is nobody else that
should be connected with it. Another thing, if you people want to
keep the road easement on, then my counsel has advised me that then
you should maintain it. Because I have a right to get to my back 40
and that was the purpose of the road easement. I can't get in there
without having that road maintained."
It was pointed out that there are a lot of road easements that aren't
maintained. The City would maintain the road if it is upgraded to
City standards. The property owners would be charged for improving
it. It would have to be a dedicated right-of-way before the City would
maintain it. The City is not going to upgrade a road because it is
dedicated though. There are many miles of roads in Andover that are
dedicated but not developed.
Gabriel Giancola, 7362 University Avenue NE, Fridley, "I am representing
Mr. and Mrs. Hagen. This has been a perennial problem and I would like
to make peac~ if we could, with Mrs. Sonsteby. The matter, whether
we get into the easement again or the use of the easement, is scheduled
in District Court again in August. There is a motion before the court
for dismissal. There has been a lot of money, time and expense expended
on the problem. We built a new garage a few years back and do use the
easement. The access is through the easement and then out on County
Road 9. The County won't make any more cuts for access. The only access
the Hagen's have off their property is through the easement. Also,
Mrs. Francis has property fronting the easement and some time she might
develop her property. We are asking that the action by the Planning and
Zoning Commission recommended last year be again affirmed."
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Planning and Zoning Commission Meeting
Minutes - July 11, 1978
Page 3
Mrs. Sonsteby, "I will insist that this is a case between the Town of
Grow and me on the easement. It has nothing to do with the Hagen's
or anyone else and I want you to act accordingly on that only. I have
advice from my counsel and if you want to act for other reasons, then
you are not serving what I have petitioned for."
Letter, dated 7-11-78, from Bonnie Francis, 14260 Round Lake Boulevard,
"I would like to see the 33' easement at approximately l42nd Lane continued
as it gives us access to our back lots. It also gives the fire department
access to the back area across the creek in case of grass fire - which
in dry years is always a potential danger to us."
Mrs. Sonsteby, "According to my plat, there will be a road there and
Mrs. Francis already has access to her back property from Underclift."
Chairman Retzlaff called for more public input - no one responded.
Motion by Commissioner Kishel, seconded by Commissioner Dick, to close
~~ the public hearing. Motion carried unanimously.
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Motion by Commissioner Bosell to continue this matter until such time
as Mrs. Sonsteby has submitted a preliminary plat for the area adjacent
to the easement request and then deal with these 2 items at one time.
Motion dies for lack of second. Cormnissioner Bosell, "The purpose for
my making the motion was to tie the actions together. Therefore it would
not be a logical extension of l43rd if her preliminary plat did come
before the Commission and that way it would generate some activity
on her part either to continue the platting or dismiss it all together."
Discussed the width of the easements. Mrs. Sonsteby was asked what
she would do with this parcel 540' long and 43' wide. She said that
she owns the lot next to it and she would add it onto that lot - it
would be buildable when sewer and water comes in. She had offered
it to the Hagen's for $5,000. Mr. Giancola pointed out that the Hagen's
have lived there since 1961.
Motion by Commissioner Bosell, seconded by Chairman Retzlaff, to continue
this matter until such time as Mrs. Sonsteby has submitted a preliminary
plat for the area adjacent to the easement request and then deal with
these 2 items at one time.
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Discussion: in August there will be a court determination; if this
is continued for 60 days, the court could decide whether to give the
Hagen's their prescriptive rights whether the vacation was allowed
or not; if it is tied in with a plat, nothing is accomplished because
a person can file a plat and have the easement released and then these
people are in a questionable position; allowing the motion to stand
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~ Planning and Zoning Commission Meeting
Minutes - July 11, 1978
Page 4
and request an op~n~on from the Andover City Attorney about whether the
Hagen's still have prescriptive rights of ingress and egress.
Mrs. Sonsteby, '~y petition that is before you is between the Town of
Grow and me. The other easement is between the Hagen's and me." It
was pointed out that the Hagen's are a part of the Town of Grow/City
of Andover. The City of Andover issued a building permit to the Hagen's
for a garage facing Mrs. Sonsteby's 10.89' easement and the easement
under consideration. Mrs. Sonsteby was asked if she purchased the
property with the existing easement on it. She replied, '~es, I did.
When I bought it they came in facing Round Lake Boulevard. After I
bought it they started using the easement."
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Mrs. Hagen, I~e bought that house in 1961. Mr. Steffenson owned the
property that the easement comes from and he told us "don't ever drive
on the South side of your house, use only that easement to get to your
backyard like everybody before you has done". He said continue to use
it and we, Hooselines and us, used the easements. We had just a narrow
little strip between our driveways that used to pile up sand and we both
got stuck so in 1963 we changed our driveway and then tore the garage
down that was there when we moved here and started coming in from the
easement. We paid for the upkeep with Hooselines."
Chairman Retzlaff left the meeting to confer with Attorney William
G. Hawkins (who was at a City Council Meeting). The Commission discussed
where the la easement is located. Mrs. Sonsteby said that the 33'
easement is only 23' because there is a big tree growing there.
Chairman Retzlaff reported that Mr. Hawkins said, "If the Hagen's have
a prescriptive easement right on the easement, the City could vacate it".
In Chairman Retzlaff's opinion they have a prescriptive easement right
only across the 10.89' of land to the easement and don't have an easement
right declared on the public easement. Mr. Hawkins said that under the
State Statutes for vacation of easements, easements can only be vacated
for public benefit not for private benefit and that must be taken into
consideration in this action.
Discussed: the previous motion on the floor - the easement, if vacated,
would leave the Hagens without any access; what public interest would
it be serving by vacating the easement; the City is not maintaining the
easement; the City has no cost in leaving the easement there; the only
thing that has changed since the action by the City a year ago is Mrs.
Sonsteby's sketch plan presentations.
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The motion and second were withdrawn.
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Planning and Zoning Commission Meeting
Minutes - July 11, 1978
Page 5
Commissioner Bosell, "If Mrs. Sonsteby goes ahead with her sketch plan
into a preliminary plat and into a final plat, the lots that are created
by that plat include the easement. Does that create any problems?
The persons that purchase that land would not be able to develop that
part of their property. Is that right?" Chairman Retzlaff, "Mrs.
Sonsteby could request a vacation of that section of the easement that
is on that property."
Motion by Commissioner Pyron, seconded by Commissioner Dick, that
the Planning and Zoning Commission recommend to the City Council denial
of the vacation (legal description of the easement - The S. 33' of the
N. 263.48' of the SE~ of the SW~ of Section 29, Township 32, Range
24, Anoka County, Minnesota) for the following reasons: 1) there is
an existing easement of record, this was prior to her purchasing the
property, so she bought it with knowledge of it being there; 2) that
the Andover building department granted a building permit on July 5,
1976 for the garage which faces the easement; 3) that the vacation of
the easement would not allow ingress and egress for the Hagen family;
4) that vacation of the easement is not going to benefit the public's
c=) interest; and 5) a public hearing was held and there were two opposed.
Vote on motion: yes - Chairman Retzlaff, Commissioner Dick, Commissioner
Pyron; present - Commissioner Bosell, Commissioner Kishel.
Motion carried. This will be on the City Council Agenda on August
1, 1978.
Pine Hills Addition Preliminary Plat Public Hearing (Comm. #5-78-6)
Chairman Retzlaff called the public hearing to order. Present for
the plat - Lawrence Reynolds, owner; Stanley Knoll, developer; and
Tom O'Malley, surveyor. Engineer Kasma reviewed the letter from T.K.D.A.
dated 7-7-78. 2 of the major problems noted were: 1) l6lst Avenue
is designated as a Municipal State Aid Highway; and 2) the frontages
on some of the lots don't meet the minimum Ordinance requirements.
Discussed requiring a frontage road for the one lot on County Road
9 - Ordinance 10 - Section 9.03. The future subdivision plan is not
shown on the plat - Ordinance 10, Section 9.06. Not all of the contiguous
land is being developed, however, the subdivider has a Contract for
Deed for this land and is a part owner of a corporation owning the remainder
of the property. Discussed Municipal State Aid Highways.
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Karen Schelberg, 16135 Vintage Street, asked about l6lst being designated
M.S.A.H. and when and how it might be upgraded since the road is almost
impassable a lot of the time. She was told that the City can't make
the developer improve l6lst but by this plat going in, it might prompt
the City Council to improve l6lst. The Road Improvement Committee
might look at this as a higher-traffic area which deserves upgrading
sooner or maybe MSAH funds could be used.
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Planning and Zoning Commission Meeting
Minutes - July 11, 1978
Page 6
The Park and Recreation Commission has recommended that lots 1 and
2, block 2 be dedicated for park and the balance of the dedication
be made in cash. Mr. O'Malley said that if they have to move the road
and shift some of the lots perhaps they will locate the parkland elsewhere
in the plat. Discussed the problems with meeting the lot frontage and
roadway minimum requirements.
Motion by Commissioner Bosell, seconded by Commissioner Kishel, to
continue the public hearing. Motion carried unanimously.
Galen Ferrian Special Use Permit Continued (Comm. #5-78-2)
Mr. Ferrian submitted a revised site plan of his property. This Commission
has already made a motion to the City Council on this Special Use Permit.
Motion by Commissioner Bosell, seconded by Commissioner Kishel, that
the Planning and Zoning Commission recommend to the City Council approval
of the Galen Ferrian Special Use Permit (on the following described
property: Lot 1, Watt's Garden Acres in Grow Township, except the
West 1031' thereof, and except the South 122.5' thereof, according to
the plat thereof on file in the Office of the Registrar of Titles of
Anoka County, Minnesota; and the East 107' of the West 1031', lying
North of the South 82.5' of Lot 1, Watt's Garden Acres in Grow Township,
according to the plat thereof on file in the Office of the Registrar
of Titles of Anoka County, Minnesota.) for the operation of a used
auto reduction yard under Ordinance 8, Section 7.03, Special Uses, for
the following reasons: 1) the use would be consistent with the surrounding
area; 2) there was a public hearing held and supportive comments were
noted; 3) the criteria for Special Use Permit is being met, i.e. fencing;
4) it would not adversely affect the surrounding area; and 5) a site
plan dated 7-11-78 was submitted as requested by the City Council and
meets with the approval of the Planning and Zoning Commission. It is
further recommended that the following contingencies be completed:
1) that the license be applied for under Ordinance 9; and 2) that a
building be constructed as required under Ordinance 8, Section 3.02
(0000) definition of "Used Auto Parts".
Vote on motion: yes - Chairman Retzlaff, Commissioner Dick, Commissioner
Kishel, Commissioner Bosell; no - Commissioner Pyron. Motion carried.
This will be on the City Council agenda on August 1, 1978.
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Planning and Zoning Commission Meeting
Minutes - July 11, 1978
Page 7
Johnson's Field Preliminary Plat Continued Public Hearing (Comm. #4-78-6)
Linda Johnson, owner, and James Kurth, surveyor, were present. Engineer
Kasma reviewed the letter dated 7-11-78 from T.K,D.A. with the Commission.
Copy of the letter is attached. The proposed plat is in the Round Lake
Watershed area. 8 acres stays within the plat in ponding areas but
the remainder of the acreage drains into the Watershed wetland area.
The ponding area in the Northwest corner of the plat will have to be
increased. Discussed the Park and Recreation Commission's meeting
of July 6 when a number of residents from Dehn's Addition asked that
park land be given in this plat. They will have a Special Meeting
on July 13th to look at the land that might be involved. Linda Johnson
said that the people in Dehn's don't necessarily want her land but they
want a park for the kids to play in. She prefers to give cash in lieu
of land. The Planning and Zoning Commission members were concerned
with Lots 6 and 7 of Block 3 in relation to park land or fill required
to make them buildable. Discussed Ordinance 10 Section 9.04 regarding
utility easements. .
Motion by Commissioner Kishel, seconded by Commissioner Bosell, that
the Planning and Zoning Commission recommends that the City Council
return the Johnson's Field Preliminary Plat to the Planning and Zoning
Commission for further discussion and review. Motion carried unanimously.
Motion by Commissioner Pyron, seconded by Commissioner Kishel, to
continue the public hearing until July 25, 1978. Motion carried
unanimously.
Pond View Preliminary Plat Continued Public Hearing (Comm. #2-78-5)
James Conroy Rezoning (Pond View) Continued Public Hearing (Comm. #6-78-9)
Mr. Conroy was not present. The Commission had not received the information
requested regarding the rezoning.
Motion by Commissioner Bosell, seconded by Commissioner Kishel, to
continue Pond View Preliminary Plat and Rezoning to the next meeting
(July 25, 1978). Motion carried unanimously.
Ordinance #37 Amendment (Comm. #5-78-8)
Chairman Retzlaff presented his draft of a proposed amendment to Ordinance
37 which deletes the 4-year mandatory pumping portion of the existing
Ordinance.
Discussed: mandatory pumping in other Cities, inspection requirements,
reporting whether a system was pumped, the lack of response the last
two years regarding the reporting form, whether to amend more of the
ordinance than just the pumping. Chairman Retzlaff will bring the matter
before the City Council at their next meeting to get their opinions
on leaving the inspection/reporting portion as is or amending it also.
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c=) Planning and Zoning Commission Meeting
Minutes - July 11, 1978
Page 8
Donald Janssen Variance (Comm. #7-78-2)
Mr. Janssen is asking for a variance to convey 13.15' from Lot 8 to
Lot 9, Block 3, Cedar Crest Estates. A portion of a septic system for
Lot 9 had been put on Lot 8. Mr. Janssen sold the 13.15' to Mr. Johnson
on 4-7-74. Mr. Janssen now lives in Des Moines, Iowa and he sent Dennis
Johnson to the Planning and Zoning Commission meeting to represent him.
But Mr. Johnson was not present at the time for discussion on the variance.
The Commission discussed sending this to the City Attorney for legal
action appropriate for an illegal conveyance of land.
This will be continued to the next meeting in order to ask Dennis
Johnson to be present and also to allow time for Chairman Retzlaff to
check with the Attorney for any legal action that would be appropriate.
Discussion of Ordinances 8 and 10 Revision (Comm. #6-77-6)
This will be on the next meeting's agenda.
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Adiournment
Motion by Commissioner Kishel, seconded by Commissioner Dick, to adjourn.
Motion carried unanimously.
Meeting adjourned at 10:45 P.M.
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Deloris J. an on
Commission Clerk
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