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HomeMy WebLinkAboutMarch 22, 1977 o o 0 CITY of ANDOVER o o PLMfNING AND ZONING COMMISSION Regular Meeting - March 22, 1977 AGENDA Approval of Minutes 1. Comm. #3-77-5 Creekside Sketch Plan 2. Comm. #3-77-6 Department of Natural Resources proposal for "Wild & Scenic River Designation" for the Rum River 3. Comm. #3-77-7 Constance Free Church Variance Request 4. Comm. #12-76-5 Lot Split Ordinance discussion 5. Comm. #3-77-4 Obscenity Ordinance discussion 6. Comm. #3-77-8 Moving Permit Request o Progress Report from Subcommittee for Ordinance Revision Publish on March 18, 1977 o o o 0 CITY of ANDOVER o o REGULAR PLANNING AND ZONING COMMISSION MEETING March 22, 1977 MINUTES The Regular Meeting of the Andover Planning and Zoning Commission was called to order at 7:30 P.M. by Chairman Don Jacobson on March 22, 1977 at the Andover Community Center, 1685 Crosstown Boulevard NW, Anoka, Minnesota 55303. Commissioners Present: d'Arcy Bosell, Walter Bruns, James Elling, John Johanson, Ralph Kishel, Larry Retzlaff Minutes of March 8, 1977 Corrections: page 2 - paragraph 3 - line 14 - change "unable" to "unwilling" page 2 - paragraph 3 - line 16 - change "they will be revising" to "they revised" page 3 - paragraph 3 - line 7 - change "class 5" to "gravel" page 3 - paragraph 4 - line 3 - change "kilobels" to "kilovolts" o Motion by Commissioner Elling, seconded by Commissioner Bosell, to accept the Minutes of March 8, 1977 as corrected. Vote on motion: yes- Commissioner Kishel, Commissioner Elling, Commissioner Bosell, Chairman Jacobson, Commissioner Bruns; present - Commissioner Retzlaff, Commissioner Johanson. Motion carried. Creekside Sketch Plan (Comm. #3-77-5) Bruce Grivna, of Egan, Field & Nowak, Inc., was present to represent James Green, owner of the property. They are proposing 25 lots in 18 acres in the North ~ of Section 33. Mr. Grivna said that Harold Israelson Engineer of Coon Creek Watershed Board is requesting a 200' easement on Coon Creek. o The Commission advised him that: 1) outlots are prohibited; 2) they will have to check with the Engineer and/or Coon Creek Watershed Board regarding ponding; 3) sanitary sewer will have to be installed; 4) would be subject to highway departmep.t approval (Ordinance 10 - 9.01) for easement; 5) lot 14, block 2 lacks minimum frontage requirement; 6) Lot 7 block 1 is less than the minimum required square footage of a lot; 7) corner lots have to be 15' wider; 8) discussed 85' lots of R-4 zoning versus R-3 lots which would be 100'. Chairman Jacobson read the sections in Ordinance 10 and also Ordinance 8 that this plan needs to be revised to meet: 8.02 (f) (g), 8.03 (b) (c) (d) (g) (h), 8.04 (b) (c) (d) (e) (f) (g), 9.02 (c), 9.03 (b) (m) (p), 9.04 (a) (b), and 9.06 (a) (b) (c) (d) (i); Ordinance 8 - 4.33 (c) 2 & 4, 4.33 (d) 2, and 6.02 (a). o o o o o o o Planning and Zoning Commission Meeting Minutes - March 22, 1977 Page 2 Since the property will be rezoned, the Commission advised Mr. Grivna to consider carefully whether to apply for R-3 or R-4 zoning when preparing the preliminary plat. Constance Free Church Variance Request (Comm. #3-77-7) Ford Elliott, 12225 Drake Street, Coon Rapids - a realtor from Calhoun Realty representing the Church, advised the Commission that they are requesting a variance for Lot C of the proposed drawing because it doesn1t comply with the 300' requirement. The lot is 183 feet with the old Constance Grange Hall parcel adjacent to it on Ward Lake Drive. They don't have a buyer, but would like to know if it is possible to divide the land as proposed. It meets the acreage requirements but not the frontage. The Commission discussed: other possibilities of dividing the land; whether a variance can be given when something doesn1t exist - there is nothing to give a variance on; surveying the lot and asking for a variance on the property that exists with a legal description. Motion by Commissioner Retzlaff, seconded by Commissioner Elling, that the Planning and Zoning Commission continue the discussion on the Constance Free Church Variance request until April 26th. Motion carried unanimously. Moving Permit Request - Dick Lenning (Comm. #3-77-8) Mr. Lenning submitted pictures of his land and the property across the street. He stated that he would also like to buy 200' of the Constance Church proposed Lot B. He already owns the house in New Brighton and would like to move it to Ward Lake Drive. He said: the house is old and well built, will install wider windows, will be putting in solar heat, Ernst Movers will do the moving job, the house was built in about 1936, is willing to bring the house up to code, if a permit is not given, he would move the house elsewhere, he will be purchasing the materials and having a contractor doing most of the work. The Commission discussed the memo received from the Building Official, the new house that will be built across the street and having proof of the lot lines. Commissioner Elling expressed concern about the Building Official's statement #1 regarding replacement of structural members, roof and flooring. Mr. Lenning replied that he would either meet or exceed everything in the code in his reconstruction or remodeling of the dwelling. o o o o o o o Planning and Zoning Commission Meeting Minutes - March 22, 1977 Page 3 Motion by Commissioner Retzlaff, seconded by Commissioner Kishel, that the Planning and Zoning Commission recommends to the City Council the approval of the Richard Lenning application permit to relocate a structure on a portion of Parcel 10 - Plat 65914 per the request. Reasons for approval are: 1) the building is compatible with development in the area, 2) there is no objection voiced by the community and 3) that the area would not be depreciated by the introduction of this structure. With the contingency that it meet all the building code requirements of the City Building Inspector. Vote on motion: yes - Commissioner Bruns, Commissioner Reealaff, Commissioner Kishel, Commissioner Johanson, Commissioner Bosell; present - Commissioner Elling, Chairman Jacobson. Motion carried. Department of Natural Resources proposal for "Wild and Scenic River Designation" for the Rum River (Comm. #3-77-6) Dale Homuth, Rivers Project Leader for the Department of Natural Resources, gave out copies of a booklet and explained their proposal. The Plan is based on an Act of 1973 by the Legislature. The DNR surveyed the river in 1975 from Mille Lacs to Anoka. They went to all the communities and got population data, etc., and then wrote a rough draft and proposal. Next, they sent a letter to the Mayors and others along the river asking for volunteers to work on their Plan. Andover has 6 of the 35 people involved. They had at least 20 working meetings. There are 13 separate units of government who have authority and ordinances., etc. The Rum River goes through the following counties: Anoka, Sherburne, Isanti, and Mille Lacs. Their data shows that there are 47 separate subdivisions with about 700 lots. The water quality is only fair in this area. Another problem is that there are about 1~ million people within 1 hour of this area. The use could be a problem in the future if something isn't done now to preserve the river. The Plan proposes 3 classifications: wild- 6 acres, scenic - 4 acres or recreational - 2 acres. Septic systems would require percolation tests and soil borings. They would require 250' lot frontage and building setback of 150'. 69,000 acres would be acquisitioned. They would pay a land owner not to change the characteristics of his land. The program doesn't condemn land. He stated there would be canoe accesses and primitive camping. Informational hearings are now being held. A hearing will be held on April 7th, 7:30 P.M., at the Bunker Activity Center and in St. Francis on April 13th. After these informational hearings, an official public hearing will be held in each county seat. Those hearings will probably be the middle of July. o o o o o o o Planning and Zoning Commission Meeting Minutes - March 22, 1977 Page 4 Discussed the enforcement of the Plan. Almost everything - variances and rezoning, etc., - would be subject to the Commissioner of the DNR's approval. It appeared that he would have the power to overrule the City Council. Mr. Homuth said that Met Council is studying the Plan with regard to the airport search area in Andover possibly. Mr. Homuth will make a similar presentation to the City Council on April 5, 1977. Lot Split Ordinance (Comm. #12-76-5) The Commission had from the Attorney. Andover resident. not received an opinion on their proposed ordinance They briefly discussed the ordinance with Don Hallblade, Motion by Commissioner Bruns, seconded by Commissioner Bosell, that the Andover Planning and Zoning Commission advertise the lot split ordinance for public hearing on the next meeting. Motion carried unanimously. Obscenity Ordinance discussion (Comm. #3-77-4) Chairman Jacobson had drafted an ordinance which was given to the Commission. Discussed all the ordinances and models received. Discussed the need for an ordinance of this type. The City has only one store now but soon will have another so perhaps a basic, simple ordinance would be a good idea. Motion by Commissioner Retzlaff, seconded by Commissioner Bosell, that the Planning and Zoning Commission submit the proposed ordinance - An ordinance to prohibit the sale, distribution, printing and possession of obscenity within the city of Andover, Anoka County, Minnesota - to the City Attorney for his review and comments. Amendment by Commissioner Retzlaff, seconded by Commissioner Johanson, that if the City Attorney finds that this Ordinance is not viable, to recommend to us an alternative. Motion and amendment carried unanimously. Progress Report from Subcommittee for Ordinance Revision The Committee will be meeting on Friday, March 25th and Tuesday, March 29th. They are working on the definitions of the Ordinances at this time. o o () o o o o Planning and Zoning Commission Meeting Minutes - March 22, 1977 Page 5 General Discussion The Commission discussed ordinance violations and ordinance enforcement. The Commission wishes "Ordinance Violations" to be on every Agenda from now on to make a report from the Planning and Zoning Commission to the Zoning Administrator on violations in the City. The City Council and the Planning and Zoning Commission will meet with the Metropolitan Council at the City Hall on Thursday, April 7th at 7:30 P.M. Ad;ournment Motion by Commissioner Retzlaff, Seconded by Commissioner Elling, to adjourn. Motion carried unanimously. Meeting adjourned at 10:15 P.M.