HomeMy WebLinkAboutApril 26, 1977
o
o 0
Clry 01 ANDOVER
o
()
PLANNING AND ZONING COMMISSION
Regular Meeting - April 26, 1977
AGENDA
Approval of Minutes
1. Comm. #3-77-7
Constance Free Church Variance Request Continued
2. Comm. #2-77-1
Mattson & DeGardner's Crooked Lake Addition
Preliminary Plat Public Hearing
3. Comm. #4-77-2
Harold Thimmesch Variance Request
4. Comm. #4-77-3
Don Hallblade Variance Request
5. Comm. #12-76-5 Lot Split Ordinance Continued Public Hearing
6. Comrn. #4-77-1
Buildability Ordinance discussion
o
7. Comm. #3-77-4
Obscenity Ordinance discussion
8. Comm. #4-77-4
Ordinance 36 (Interim Moratorium) discussion
9. Progress Report from Subcommittee for Ordinance Revision
10. Ordinance Violations Report
Planning Bid Proposal
Publish on April 22, 1977
o
o
o
o
o
o 0
C'''Y of ANDOVER
o
REGULAR PLANNING AND ZONING COMMISSION MEETING
April 26, 1977
MINUTES
The Regular Meeting of the Andover Planning and Zoning Commission was
called to order at 7:35 P.M. by Chairman Don Jacobson on April 26, 1977
at the Andover Community Center, l685 Crosstown Boulevard NW, Anoka,
Minnesota.
Commissioners Present: d'Arcy Bosell, Walter Bruns, James Elling,
John Johanson, Ralph Kishel, Larry Retzlaff
Also Present: Rex Stockwell - City Engineer from T.K.D.A., and others
Minutes of April 12. 1977
Corrections: page 3, Obscenity Ordinance, paragraph 2, line 2 - add
the letter "d" after the word "place"
page 5, 1st paragraph - change the word "low" to "high"
page 5 - add "Meeting adjourned at 10:30 P.M."
Motion by Commissioner Kishel, seconded by Commissioner Johanson, that
the Minutes of April 12, 1977 be approved as written and amended.
Vote on motion: yes - Commissioner Bosell, Commissioner Johanson,
Chairman Jacobson, Commissioner Kishel, Commissioner Bruns, Commissioner
Elling; present - Commissioner Retzlaff. Motion carried.
Obscenity Ordinance (Comm. #3-77-4)
Chairman Jacobson advised the Commission that in looking into the obscenity
ordinance a little more, it doesn't appear to be worth the time and expense
from a practical point of view to go any further with the ordinance
at this time.
Buildability Ordinance (Comm. #4-77-1)
This item will be continued until the next meeting.
Constance Free Church Variance Request Continued (Comm. #3-77-7)
No one present to represent the Church. Commissioner Bosell stated that
she knows they still want to sell the property under discussion.
Motion .by Commissioner Bosell, seconded by Commissioner Retzlaff, to
continue the discussion on the Constance Free Church Variance application
to the first meeting in May and that the clerk notify the church of the
change and ask their intentions. Motion carried unanimously.
o
o
o
o
o
o
o
Planning and Zoning Commission Meeting
Minutes - April 26, 1977
Page 2
Mattson & DeGardner's Crooked Lake Add'n Preliminary Plat (Comm. #2-77-1)
Chairman Jacobson called the public hearing to order and asked that
the representative for the plat come forward. Bob DeGardner brought
a plat (3 copies) revised to correspond to the corrections suggested
in a letter (copy attached) dated April 21, 1977 from Rex Stockwell,
City Engineer.
Kay Funk, 13504 Gladiola Street, asked about proposed storm sewer.
Mr. DeGardner explained that they are getting engineering data now.
Mr. DeGardner, Mr. Stockwell, and the Planning and Zoning Commission
discussed: ponding areas and easements; storm sewer; Coon Creek Watershed
Board requirements; outlots; lot 11 - they thought of incorporating
it into lot lO but 9.06 of Ordinance 10 states they can't have a lot
that is more than twice the average lot size in the plat; lot 12 -
should be an exception - may need a variance; right-of-way width on
Crooked Lake Boulevard; Engineer and the Planning and Zoning Commission
have had no time to review the revised plat; Park and Recreation Commission
will review the plat on May 5, 1977; time limit on preliminary plat;
legal description.
The following information is still required on the plat: indication
of source of water supply; soil borings; location of electric and telephone
power lines; Mr. DeGardner is the contract purchaser - Melvin Peterson
is the fee owner - the City must have (Ordinance 10 - Section 8.01)
a letter of consent for Mr. DeGardner to proceed; remove 10' easement
shown and replace with 15' easement; lot 11 - look at lot sizes; 134th
Lane, East of Crooked Lake Boulevard, is shown as 24' gravel road and
should be shown on the plat as a 32' bituminous with curb and gutter;
adjoining property owners must be shown; correct legal description;
grading plans sent to the City Engineer; facilities for sewage disposal;
elevations.
Motion by Commissioner Elling, seconded by Commissioner Bosell, to
continue the public hearing on the proposed preliminary plat of Mattson
and DeGardner's Crooked Lake Addition to the next regularly scheduled
meeting. Motion carried unanimously.
This item will be on the Planning and Zoning Commission Agenda of May
10, 1977.
o
o
o
o
o
Planning and Zoning Commission Meeting
Minutes - April 26, 1977
Page 3
Harold Thimmesch Variance Request (Comm. #4-77-2)
o
+,'01\1
eC'11
( ,
0(_10
~ ~-
/
Motion by Commissioner Kishe 1, seconded by Commissioner Retzlaff, that-1he. ,f'/~nn;n(~:l'''~''f,
h V . h 1 ' h . h hG"YTI""55'~n (>ec,,,,~s
t e an,ance on t e Haro d J. Th1mmesc property be granted 1n t at t ere fc, -If" e,k (!'~'ci)
are going to be 4 homes - 2 will be new construction - on a 40-acre '1
tract; the parcel be approved with a 265' frontage along a road rather
than 300' as required by the State; the variance is under 6.02 of Ordinance
8 which requires that the property have 330 front feet on a public road
but the State requires only 300' and we can't be more restrictive than
that so in fact the variance is for a 265.95' lot on a public road.
This meets the housing density in the area and it complies with our
Comprehensive Development Plan for rural areas; and the granting of the
variance is necessary to the reasonable use of the land and granting
of the variance will not adversely affect the existing or potential
use of adjacent land and it is not inharmonious with the surrounding
neighborhood; the variance is for the property described as: The E.
605.59' of the SE~ of the NW~ of Section 13, Township 32, Range 24 in
Anoka County, MN as measured along the N. line thereof and except the
S. 510' of the W. 339.66' of the E. 605.61' of said SE~ of the NW~ as
measured along the E. and S. lines of said SE~ of the NW~. Subject
to an easement for road purposes over the S. 33' of said SE~ of the NW~
and also subject to an easement to Minnesota Pipe Line Company, 66'
in width, the center line of which is described as follows: Beginning
at a point on the E. line of said SE~ of the NW~, said point being
721. 95' N. of the SE corner thereof; thence N. 59029' 45" W. (assumed
bearing of said E. line is N.) a distance of 589.36'; thence N. 610
47'04" W. a distance of 641.61' to a point on the N. line of said SE~
of the NW~, said point being 239.73' E. of the NW corner thereof.
Mr. and Mrs. Harold Thimmesch and their daughter and son-in-law, the
buyers of ~ of the property, came forward and explained their request.
The Thimmesch's own 28 acres, wish to split it into 2 14-acre parcels,
but the one parcel is 265' instead of the minimum ordinance requirement
of 300'. They were asked if they had attempted to buy additional footage
from the adjoining property owner in the middle. They replied no, that
28 acres seemed adequate and didn't think it would be necessary to
purchase additional land. There would be 4 homes in the 40-acre tract,
2 existing and 2 new.
Vote on motion: yes - Commissioner Retzlaff, Chairman Jacobson, Commissioner
Johanson, Commissioner Elling, Commissioner Kishel; present - Commissioner
Bruns, Commissioner Bosell. Motion carried.
This will be on the City Council Agenda on May 17, 1977.
o
o
o
o
o
o
o
o
Planning and Zoning Commission Meeting
Minutes - April 26, 1977
Page 4
Don Hallblade Variance Request (Comm. #4-77-3)
Mr. Hallblade explained that he is requesting a variance from the platting
Ordinance so that he can split his 1~-acre lot. He is agreeable to the
drainage easement shown on the Engineer's letter (copy attached) dated
April 21, 1977. The property is zoned R-3. It was suggested that future
driveway and garage be on the South side of the lot with the drainage
easement to avoid drainage problems. He is asking for the variance under
Ordinance 10 - Section 14.02. His total assessment is over $15,000.
Motion by Commissioner Elling, seconded by Commissioner Bruns, that
the Planning and Zoning Commission recommends to the City Council approval
of the variance request for Don Hallblade under Section 14.02 of Ordinance
10 - financial hardship - for parcel 6370 of plat 65928 described as:
That part of the S~ of the SW~ of Section 28, Township 32, Range 24 in
Anoka County Minnesota described as follows: Commencing at a point on
the N. line of the NW~ of Section 33, Township 32, Range 24 in Anoka County,
MN, said point being 1,16l.l0'W of the NE corner thereof; thence N.
45027'19" W. (asst.nned bearing of N. line of said NW~ is due W.) a distance
of 349.40' ; thence N. 33013'37" W. a distance of 345.63' to the point
of beginning of land to be described; thence continue N. 33013 '37" W.
on same described line a distance of 183.97'; thence N. 1014'04" E. on
a line parallel with the E. line of the SW~ of the SW~ of said Section
28 a distance of 45.90'; thence Easterly and parallel to the N. line of
the S~ of the SW~ of said Section 28 a distance of 466' to a point which
is 66'E of, as measured at right angles to, the W. line of the SE~ of
SW~ of said Section 28; thence Southerly and parallel to said W. line
a distance of 200'; thence Westerly and parallel to the N. line of the
S~ of the SW~ of said Section 28 a distance of 361.87' to the point of
beginning. Subject to an easement for road purposes over the Westerly
33' thereof and over the E. 33' thereof. It is also compatible with
the surrounding area regarding lot size and usage. Subject to attached
drawing of the Engineer regarding drainage easement.
Motion carried unanimously. This will be on the City Council Agenda
on May 17, 1977.
Lot Split Ordinance Continued Public Hearing (Comm. #12-76-5)
Chairman Jacobson advised the Commission that he and Commissioner Bruns
had each drafted a new version of the lot split ordinance. Commissioner
Bruns read and explained the changes he had made. Chairman Jacobson
also read and explained his proposed ordinance.
o
o
o
o
o
Planning and Zoning Commission Meeting
Minutes - April 26, 1977
Page 5
The Commissioners discussed: Ordinance lO - Sections 14.01, 14.02,
and 17.01; Attorney Hawkins' letter; financial hardships; hardships
on the land; repealing a portion of Ordinance that the Subcommittee
is revising; how to proceed without an agreement on Section 8 - affected
areas; supercedes; restrictive covenants; penalties and fines; getting
Attorney's interpretation on Sections 14.01, 14.02 and 17.01 of Ordinance
lO and his letter.
Summary of Lot Split Ordinance:
Section I - definition - use Commissioner Bruns' ordinance
B. - use Chairman Jacobson's ordinance
Section II = #6 - current zoning and legal description;
#8 - provide a list of the property owners within
350' of the lot split
Section III
B.
use Commissioner Bruns' ordinance and add -
notify by mail the property owners within 350'
0 Section IV = as is
Section V = use Commissioner Bruns' ordinance
Section VI = as is
Section VII - as is
Section VIII - need Attorney's opinion
Section IX = as is
Motion by Commissioner Retzlaff, seconded by Commissioner Elling, that
the Planning and Zoning Commission continue the public hearing and
request the City Attorney be present at the next Planning and Zoning
Commission meeting to answer questions on his letter of April 7, 1977
and that the proposed ordinance changes be sent to Attorney Hawkins.
Motion carried unanimously.
o
o
o
o
o
o
o
o
Planning and Zoning Commission Meeting
Minutes - April 26, 1977
Page 6
Planning Bid Proposal
(Comm. #4-77-5)
Chairman Jacobson advised the Commission that the City Council has
given the Planning and Zoning Commission the job of securing proposals
for securing an individual or individuals to represent the City~ ~~~or~
the Metropolitan Council. The Commission discussed which papers to
have the ad appear, Chairman Jacobson's ad or notice, what they would
expect from the representative chosen and who will choose the person.
~E:crl()"'"
c.cf'''
5'~/{)-77
Motion by Commissioner Kishel, seconded by Commissioner Bruns, that
the ad prepared by Chairman Jacobson appear in the Anoka County Union.
Motion carried unanimously.
Ordinance #36 - Interim Moratorium discussion (Comm. #4-77-4)
Chairman Jacobson advised the Commission that in reviewing the Ordinance
recently, it seems that there is no way that we will have everything
(Met Council opinions, lot sizes, revised ordinances, etc.) by July
1, 1977; so therefore, felt it would be a good idea to have an extension
of time to perhaps December 3l, 1977. The Planning and Zoning Commission
could recommend to the City Council that an extension be given.
Commissioner Retzlaff recommended an extension of one year to give time
to go through the ordinances and the Comprehensive Development Plan.
Commissioner Elling stated that he thought it depends on what Met Council
does but 6 months would be cutting us short.
Discussed how much public interest, how many calls had been received
regarding the lifting of the moratorium.
Motion by Commissioner Elling, seconded by Commissioner Bosell, that
a recommendation be sent to the City Council regarding Ordinance #36
being extended (under Section 4 - "Scope of Control"). It shall be
amended to read "Except as hereinafter provided in this ordinance, during
the period of July l, 1976 through July 1, 1978.
Commissioner Bruns expressed concern over how the Planning and Zoning
Commission could recommend extending the ordinance for one year without
any public input.
o
o
o
o
o
Planning and Zoning Commission Meeting
Minutes - April 26, 1977
Page 7
Discussion: whether a public hearing can be held by the City Council;
~if the City Council must direct the Planning and Zoning Commission to
hC~d a public hearing; the systems statement; airport statement; Met
~'.N Council/City of Andover Meeting Minutes; procedure for the Planning and
,(~~~1 Zoning Commission to follow; the length of time that was taken to make
~c ~.IO' the motion; suggesting to the City Council that they hold the Public
Hearing with the Planning and Zoning Commission's recommendation; maybe
the "public" doesn't want an extension on the Ordinance; maybe the place
will be packed with "public" requesting only 3 months extension; published
agenda for this meeting that stated "Ordinance #36 - Interim Moratorium
Ordinance Discussion"; public input - Bob Snyder, the only person in
the audience, stated he would like to see an extension of one year.
Commissioner Elling withdrew his motion.
Motion by Commissioner Elling, seconded by Commissioner Retzlaff, that
the Planning and Zoning Commission requests from the City Council their
opinion as to the extension of the Interim Moratorium Ordinance #36 and
response within 30 days.
o
Discussion: would like to have answer by next Planning and Zoning Meeting;
length of time required for public hearing; and, the time required to
amend an ordinance.
Commissioner Elling withdrew his motion.
Discussion: continue for 2 weeks and have public hearing at that time.
Motion by Commissioner Elling, seconded by Commissioner Bosell, that
a recommendation be sent to the City Council regarding Ordinance #36
being extended (under Section 4 - "Scope of Control"). It shall be
amended to read "Except as hereinafter provided in this ordinance, during
the period of July 1, 1976 through July 1, 1978.
Motion by Commissioner Johanson, seconded by Commissioner Bruns, to continue
to the next meeting. Motion out of order.
Vote on Commissioner Elling's motion: yes - Commissioner Bosell, Commissioner
Elling, Commissioner Kishel, Commissioner Retzlaff; no - Commissioner
Bruns, Chairman Jacobson; present - Commissioner Johanson.
Motion carried.
o
Chairman Jacobson stated that after hearing the discussion, he agreed
with Commissioner Bruns that there should be a public hearing. Commissioner
Retzlaff advised them that the City Council will direct the Planning
Commission to hold a public hearing.
o
o
o
o
o
o
o
Planning and Zoning Commission Meeting
Minutes - April 26, 1977
Page 8
;(-,IOA)
Subcommittee for Ordinance Revision /) olre~'71
'-' r_lo
Commissioner Retzlaff advised the commis~rs ~hat he was appointed
the Chairman of the Subcommittee and~~asked Chairman Jacobson to
appoint somebody else to the Subcomm1ttee because he may be moving
from the Community. Commissioner Bosell volunteered to be the new
member. Commissioner Elling volunteered to be the Chairman.
Commissioner Elling advised the Commission that they are about ~ through
Ordinance with a rough draft and that they will not meet the May 1st
deadline. Discussion on how long to extend the time limit on the revisions.
Motion by Commissioner Elling, seconded by Commissioner Bruns, that
an extension of 6 weeks be given to the Subcommittee for Ordinance
Revision for additional time required for the charge. Motion carried
unanimously.
Ordinance Violations
Red Oaks is missing a lot of street signs. Commissioner Retzlaff would
like an interpretation from the Zoning Administrator of Section 8.08
(A) of Ordinance 8.
Ad;ournment
Motion by Commissioner Retzlaff, seconded by Commissioner Johanson,
to adjourn. Motion carried unanimously.
Meeting adjourned at 10:35 P.M.
()
,~ "
'\._)
1" ')
,~/
o
TKDA
u
o
(J
TOLTZ, KING, DUVALL. ANDERSON AND ASSOCIATES INCORPORATED
ENGINEERS AND ARCHITECTS
'1408 PIONEER BUILDING
SAINT PAUL, MINNESOTA
55101 224-7891
1T l. f ''; :: Cl ;.'.j 1
April 21, 1977
Fii;ll.";:J '.1. I. ,~,;:;:r;~
CJ',o:: :: .J_ j'I.^,;'
('.'.fll ,. " (': ;:1-:":','/1 r.
j.:{ A.: ;',';_F~
-:. i';; ':' ,!
Mr. Don Hallblade
14165 Ivywood
Anoka, Minnesota 55303
;',: " ~ . Ii J. I): J '. :.:.'
, ~ l J: .' I '; _ : ;", ~ ~ : I . J r-J
\":11 ' ,,.\; J. I I I. ;;'1(
: . . "(I _ If'. I I" : 1 . : ; _ . ~
~;'ll'!l[;~ :~. J!,'~;';LE)
........":.ILY J. "1~,/L"-:ICK;,(:r.:
':l.!i'; '_'1'_[1 r. .If )j1.!~C.'~J
11'1 ':. .... ..~: I I:. ";.\ ::. :.~;\
,I . "1:-,"_.1-.11.:,
I.', \'111 \':. hiI" ~'.__,: '-,
:, !:i .:J I 1111;';.,:..:.,
. "',' : T. '.~ ,0,.: ~'~:: ','
:;1:1:_",. ,: ':...: j'
:!/.~~' n_ ~~'". ,"
I,' J::';"11 ': r.....
Re:
Platting Variance Request
Commission No. 6223-77
..' Cl'
:' 1./'1:..
" .; I l '.'
;.... .- I.' ':.
, . . ;, ' .' " ~ I. ... , . '. . ~
J...._, ;'.' ;....-.
. . , . I , f,.; ~ !
Dear Mr. Hallblade:
- I: .. -, ; - '. ~:. , I
'."',"'-;-, ....'. -Ill',;:,-
,. '1' ,-- ~ \'')',!'.';
'~f' -; i i . . Jr. '..,': :"',~
As discussed with you on April 18, 1977, we have .". ... . ",,',
reviewed the drainage easement requirement for .. J' ,.,
your properly along Heather Street NW in the Green Acres Area. If the
City approves your request for splitting this property, the following
easement will be necessary to provide proper drainage from other lots
in your area.
Area north of a line drawn from a point on the North line and
60 feet west of the NE corner to a point on the East line and
35 feet South Of the NE corner.
Attached to this letter is a sketch of the above described easement.
If you have any questions on this requirement, please contact me.
Very truly yours,
TOLTZ, KING, DUVALL, ANDERSON
AND ASSOClA TES, INCORPORA TED
RWS:pp
Attachment
cc: Andover City Council
Andover Planning and
Andover City Staff
kZ/J.S2:k/dY ~
Rex W. Stockwell -
Zoning Comm.
o
(\
'...../
~~o-o
x~O::O
(J)oZO
-i'T]
? --" :I: -0
~-.9 )> 0
fT1 ~ r (/)
r fT1 r ITI
r:;u 0
ICD
8rr
~)>O
z 0-1
PITI(/)
~ -0 -0
~::or
~o=i
-.J-o
ITI ':O),C:J
::0 "?~
),
()
I
I
---Ioo~----r---~o~----
IN
18
100'
HEATHER
STREET
(~-)
\.J
(J)
()
~-zr
'r:':'
u-
8_
o
::0
l>
Z
l>
G')
/T1
/T1
l>
en
/T1
s::
/T1
Z
-I
100'
en
0_
w.
)