HomeMy WebLinkAboutMay 10, 1977
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CITY 01 ANDOVER
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PLANNING AND ZONING COMMISSION
Regular Meeting - May 10, 1977
AGENDA
Approval of Minutes
1. Comm. #12-76-5 Lot Split Ordinance Continued Public Hearing
2. Comm. #3-77-7 Constance Free Church Variance Request Continued
3. Comm. #2-77-1 Mattson & DeGardner's Crooked Lake Addition
Preliminary Plat Continued Public Hearing
4. Comm. #4-77-1 Buildability Ordinance Discussion
5. Progress Report from Subcommittee for Ordinance Revision
6. Ordinance Violations Report
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Publish on May 6, 1977
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C'7Y 01 ANDOVER
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REGULAR PLANNING AND ZONING COMMISSION MEETING
May 10, 1977
MINUTES
The Regular Meeting of the Andover Planning and Zoning Commission was
called to order at 7:00 P.M. by Chairman Don Jacobson on May 10, 1977
at the Andover Community Center, 1685 Crosstown Boulevard NW, Anoka,
Minnesota.
Commissioners Present: d'Arcy Bosell (arrived at 7:05), Walter Bruns,
James Elling, John Johanson, Ralph Kishel (arrived
at 7:25), Larry Retzlaff
Also Present: William G. Hawkins, City Attorney, and others
Minutes of April 26, 1977
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Corrections: page 6 - 1st paragraph - 3rd line - last word - change
"to" to "before" - should read "to represent the City before the
Metropolitan Council".
page 8 - 1st paragraph - 2nd line - change "have" to "had" - should
read "and had asked Chairman Jacobson to appoint somebody else......."
Motion by Commissioner Bruns, seconded by Commissioner Johanson, to
accept the Minutes of April 26, 1977 as corrected. Vote on motion:
yes - Commissioner Johanson, Commissioner Bruns, Commissioner Elling,
Commissioner Retzlaff, Chairman Jacobson. Motion carried unanimously.
Lot Split Ordinance Continued Public Hearing (Comm. #12-76-5)
Attorney Hawkins explained his intent in the letter he had sent about
the lot split ordinance. Attorney Hawkins and the Commission discussed
the portion of the ordinance (Section 8) that deals with superceding
and repealing. He explained the intent of Sections 14.01, 14.02, and
17 of Ordinance 10. Sections 14.01 and 14.02 are State Statutes. They
recite what the State law regulates. (Commissioner Bosell came) The
Commissioners and Attorney discussed variances, hardship, the last
paragraph of 14.01, and that Section l7 is unnecessary since 14 is a
general provision. Attorney Hawkins explained the reason for leaving
section 7 of the lot split ordinance as is regarding penalties and enforcing
penalties. Attorney Hawkins stated that he felt that as far as he was
concerned, it is a good ordinance. (Commissioner Kishel came)
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The Attorney was asked about the buildability ordinance. If the building
inspector signs a certificate saying a lot is buildable and somebody
buys it and finds out the property isn't buildable, who is liable? He
replied that the ordinance would only be for peoples protection, and
it would not attach legal liability to the City. It would be similar
to the liability regarding enforcement, etc., of the State Building
Code.
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Planning and Zoning Commission Meeting
Minutes - May 10, 1977
Page 2
The Commission went through the Lot Split Ordinance to make any last
changes. On page 2, section 5 - Fees, change $50 per lot to "$50 for
each lot". Under Compliance (A) change "ordinance of the City" to
"ordinances of the City of Andover." In the Appeal Provisions, Section
4, add after "Upon receiving any application for such variance or modification,"
the following: "(such application shall include the information contained
in Section II (Application) of this Ordinance)". In Section VIII to delete
item A relating to Sections 14~01 and 14.02 being repealed and to make the
sentence (B) regarding Section 17 item A.
Motion by Commissioner Bruns, seconded by Commissioner Retzlaff, to close
the public hearing. Motion carried unanimously. The feasibility of waiting
with this Ordinance so it may be incorporated into the revision of Ordinance
10 was mentioned.
Motion by Commissioner Bruns, seconded by Commissioner Johanson, that the
Planning and Zoning Commission recommend to the Andover City Council the
adoption of the Lot Split Ordinance based upon the following reasons:
1) The Lot Split Ordinance provides a reasonable procedure for the division
of a lot irrespective of any hardship. 2) The Lot Split Ordinance provides
that any divided lots must conform to the Comprehensive Plan and compatibility
requirements. 3) The Lot Split Ordinance provides a safety mechanism to
prevent the circumvention of platting Ordinance #lO. 4) A public hearing
was held and citizen input received on park fees, penalties, number of times
a lot may be divided; and there was no citizen opposition to the revision
of the ordinance as written. 5) The City Attorney has, by written opinion
and appearance before the Planning and Zoning Commission, approved the legality
of said Ordinance. Motion carried unanimously.
Progress Report from Subcommittee for Ordinance Revision
Commissioner Elling reported that they should be able to have a rough draft
to the Commission on the new zoning ordinance by the end of this month.
He asked for opinions on whether the rough draft should go to the Attorney,
City Council and the Commission or just the Planning and Zoning Commission.
It was decided to provide the Attorney and the Commission with copies of
the rough draft.
Constance Free Church Variance Request Continued (Comm. #3-77-7)
A note was received to take them off this meeting's agenda but no word has
been given about whether they still wish to go ahead with the request for a
variance. A letter will be sent and it will be on the next agenda.
Minutes of April 26, 1977
Commissioner Kishel, who arrived late, had several corrections to make to
the Minutes. Motion by Commissioner Bruns, seconded by Commissioner Retzlaff,
to reopen the approval of the Minutes of April 26, 1977 for reconsideration.
Motion carried unanimously.
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Planning and Zoning Commission Meeting
Minutes - May 10, 1977
Page 3
Motion by Commissioner Kishel, seconded by Commissioner Retzlaff, that
the Minutes of April 26, 1977 be corrected on page 3 _ 2nd paragraph _
lst line - add "The Planning and Zoning Commission recommends to the City
Council" and on page 7 - 1st paragraph - 3rd.line - change "held" to
"hold" - should read "hold a public hearing" and that the other corrections
that were made prior in the meeting should remain the same as amended.
Motion carried unanimously.
Buildability Ordinance (Comm. #4-77-1)
Commissioner Bruns read and explained his latest changes to the Ordinance.
In Section II (b) Septic System - the Commission added _ "If in an area
not serviced by sanitary sewer). They discussed what will happen to the
certificate and who will keep it. Also whether it would appear on an
abstract so people would be aware of it.
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Motion by Commissioner Bruns, seconded by Commissioner Johanson, that the
Planning and Zoning Commission refer the Buildability Ordinance to the Attorney
for Attorney's opinion and that the Planning and Zoning Commission conduct
a public hearing on the 1st meeting in June for public input on the Buildability
Ordinance. Motion carried unanimously.
Mattson & DeGardner's Crooked Lake Addition Preliminary Plat Continued
Public Hearing (Comm. #2-77-1)
No one was present to represent the Plat and no new information received.
This will be on the City Council Agenda May 17, 1977 because of the ordinance
#10 requirement regarding 60 days after filing the Council must act on the
plat. Motion by Commissioner Retzlaff, seconded by Commissioner Bruns,
that the Planning and Zoning Commission recommends to the City Council that
they return the Mattson & DeGardner's Crooked Lake Addition Preliminary
Plat to the Planning and Zoning Commission for further review and input from
the developer. Motion carried unanimously.
Ordinance Violations Report
1. The metal buildings on the Barnes' Rolling Oaks lst Addition property.
They have been abandoned for quite some time. The property has been sold.
2. The realty sign for Barnes' Rolling Oaks shows all of the lots within
the plat as buildable. Suggest that the signs should be shown as some of
them unbuildable. /1 /..+-Ier sAe,cle!, be SeA)" +~ The deve1cfer ;n.J.,'CAf:,,'I fAo_+
50;>7\e 0-" + he. Ids <<-reo l.ud.<<.,tci"ble CorreQ-+e..d ~-/,U'//77
3. Interpretation on 8.08 (a) of Ordinance 8. Suggested that the Commission
clerk ask the Attorney for an opinion.
c=) 4. Falling down, sagging, dilapidated, hazardous, old barn across from
Carl Erickson home on Crosstown Boulevard.
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Planning and Zoning Commission Meeting
Minutes - May lO, 1977
Page 4
5. 2nd bridge on Coon Creek on Crosstown Boulevard. It has guardrails
missing, hazardous for kids playing there, etc. Whose bridge is it?
Commissioner Kishel will check to see who owns it and who is liable in case
of an accident.
6. In Auditor's Sub. 82 there is a storm sewer manhole that only has a
loose board covering it. Should have a grate or something over it.
Meeting Time for the Summer
Discussed perhaps changing the time for the next few months, Commissioner
Retzlaff preferred 7:30, Commissioner Johanson - 7:00, Commissioner Bosell-
7:30, Commissioner Bruns - 7:00. Decided that if there is a heavy agenda,
perhaps the meeting could be started earlier; but it would be decided at
the preceeding meeting. Next meeting - May 24th - will be at 7:00 P.M.
Adiournment
Motion by Commissioner Bosell, seconded by Commissioner Retzlaff, to adjourn.
Motion carried unanimously. Meeting adjourned at 8:31 P.M.
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Deloris J. Ha~~bn
Commission Cleiik