HomeMy WebLinkAboutMay 24, 1977
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CITY of ANDOVER
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PLANNING AND ZONING COMMISSION
Regular Meeting - May 24, 1977
AGENDA
NOTE: Meeting starts at 7:00 P.M. instead of 7:30 P.M.
Approval of Minutes
1. Comm. #5-77-1 James Larson Variance Request
2. Comm. #5-77-2 North Central Public Service Special Use Permit
Public Hearing
3. Comm. #5-77-3 Rosella Sonsteby Easement Vacation Public Hearing
4. Comm. #4-77-4 Ordinance #36 Amendment (Moratorium) Public Hearing
5. Comm. ffl-77-l Great Oak Estates Preliminary Plat Public Hearing
6. Comm. If3 - 77 - 7 Constance Free Church Variance Request Continued
0 7. Progress Report from Subcommittee for Ordinance Revision
8. Ordinance Violations Report
Publish on May 20, 1977
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CITY 01 ANDOVER
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REGULAR PLANNING AND ZONING COMMISSION MEETING
May 24, 1977
MINUTES
The Regular Meeting of the Andover Planning and Zoning Commission was
called to order at 7:12 P.M. by Chairman Don Jacobson on May 24, 1977
at the Andover Community Center, 1685 Crosstown Boulevard NW, Anoka,
Minnesota.
Commissioners Present: d'Arcy Bosell, Walter Bruns, James Elling,
John Johanson, Ralph Kishel
Commissioner Absent: Larry Retzlaff
Also Present: Rex Stockwell - City Engineer, and others
Minutes of May 10, 1977
Correction: Page 3 _ Ordinance Violations Report - #2 - should read
that a letter should be sent to the developer indicating
that some of the lots are unbuildable
Motion by Commissioner Bruns, seconded by Commissioner Bosell, to accept
the Minutes as amended. Motion carried unanimously.
Constance Free Church Variance Request Continued (Comm. #3-77-7)
Chairman Jacobson said they have asked that the request be continued.
Motion by Commissioner Johanson, seconded by Commissioner Elling, that
we continue the Constance Free Church Variance Request until June 28th.
Motion carried unanimously.
Progress Report from Subcommittee for Ordinance Revision
Commissioner Elling, the Subcommittee Chairman, reported that there should
be a rough draft of the zoning ordinance ready for the Attorney and
the Commission by the next meeting. It will be placed on the Agenda
for Commission discussion on June 28, 1977.
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Planning and Zoning Commission Meeting
Minutes - May 24, 1977
Page 2
Ordinance Violations Report
Briefly discussed whether action had been taken on previous violations
reported. Motion by Commissioner Johanson, seconded by Commissioner
Bruns, that the Planning and Zoning Commission request a progress report
from the Zoning Administrator on violations of City Ordinances as set
forth by the Commission. Motion carried unanimously.
It was mentioned at l67th and Round Lake Boulevard, the first house,
there is a lot of black dirt being hauled away. There is a lot of truck
traffic and it looks close to the septic system of the house. It appears
to be a violation of the septic ordinance and also the mining portion
of Ordinance 8.
Also, it has been reported that Meadow Creek Baptist Church has voted
to build additional buildings to expand their school space - a gym and
new sanctuary. Check to see if a special use permit is required.
Recess until 7:30 P.M.
North Central Public Service Special Use Permit Public Hearing (Comm. #5-77-2)
Chairman Jacobson opened the Public Hearing. Ward Foss, director of
engineering and construction from North Central Public Service, came
forward to explain North Central's request. They would like to add
2 additional propane storage tanks just South of the present 3 tanks
West of 7th Avenue in Section 30. They nearly ran out last winter during
a long cold spell during which they supplement natural gas. The Donovan
Company, shown as owner of the land, is North Central's parent company.
They have 20 acres so there is sufficient room for the additional tanks.
A letter dated April 14, 1977 was received from the State Fire Marshal
giving preliminary approval of the project. There are 3 - 30,000 gallon
tanks on the property now.
The Commission mentioned 4.26 of Ordinance 8 and 8.19 of Ordinance 8 -
noise, odor, screening, etc., to Mr. Foss and suggested that North Central
check carefully to see that all the ordinance requirements be met. No
one in the audience had any comments regarding the special use permit.
Motion by Commissioner Bosell, seconded by Commissioner Elling, to
close the Public Hearing. Motion carried unanimously.
Motion by Commissioner Elling, seconded by Commissioner Kishel, that the
Planning and Zoning Commission recommend to the City Council the approval
of the Special Use Permit for North Central Public Service on the parcel
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Planning and Zoning Commission Meeting
Minutes - May 24, 1977
Page 3
described as: that part of the NW~ of the SE~ of Section 30, Township
32, Range 24 in Anoka County, MN, described as follows: commencing at
the SE corner of the NW~ of the SE~; thence North along the E. line of
said ~,~, a distance of 316.0'; thence W. and parallel to the S. line
of said ~, ~, a distance of 760.0'; thence South and parallel to the
E. line of said ~, ~, to the S. line of said ~, ~; thence E. along the
S. line of said ~, ~, to the actual point of commencement. being in
conformance with 4.26, 8.01, and 8.03 of Ordinance 8, that it either is
in conformance with those or they are planning to meet those requirements;
and it is not detrimental to the public welfare and safety of the community;
and there was no public opposition; and this is an expansion of an existing
use of the facility that is presently on the property.
Motion carried unanimously. This will be on the City Council Agenda
for June 21, 1977.
Rosella Sonsteby Easement Vacation Public Hearing (Comm. #5-77-3)
Chairman Jacobson opened the public hearing. Rosella Sonsteby told the
Commission her reasons for requesting vacation of the easement. It is
a 33' easement that goes no where - just to a back 40 acres. She feels
that it is serving no useful purpose. The easement was there when she
purchased the property. The road was an easement to get into the back
40 acres. There was a small house built that burned that used the easement.
About 7 years ago Hagens started using the easement. Chairman Jacobson
asked her if she had gone to court in 1974. Mrs. Sonsteby replied, "Yes,
they can go in and out but not park on the easement. I have pictures
showing them continually using my property. There is a big tree
in the easement. The easement goes back 1320'. The judge gave them
right to go in and out but not park cars there."
Gabriel Giancola, "I am the attorney representing the Hagens, since
1972 when it was first initiated by Mrs. Sonsteby. Judgement was transferred
to the Hagens. The easement in question was given some time back to the
City of Andover. We felt that the matter was taken care of in the district
court, but she is now taking further action. We feel that at this time
and because of the second court action, that the second court action
should be resolved first before the City takes any action."
Mrs. Sonsteby stated that the Township is not maintaining the easement.
Discussed the garage that was constructed by the Hagens which faces
the easement. Chairman Jacobson advised that they are talking about
a lO.89' easement of Rosella Sonsteby and the 33' City easement. He
explained how the 2 easements came into being. In order to get into
their garage the Hagen's must cross Mrs. Sonsteby's easement. The Court
granted the Hagens right to get to their garage.
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Planning and Zoning Commission Meeting
Minutes - May 24, 1977
Page 4
The Hagens and Mrs. Sonsteby were asked if a compromise or negotiations
had been tried. The previous court discussions, junk cars, parking
ordinance, enforcement of Andover ordinances, and the building permit
for the garage were discussed.
Motion by Commissioner Kishe1, seconded by Commissioner Bose1l, to
close the Public Hearing. Motion carried unanimously.
Commissioner's comments in dtscussion: Commissioner Kishel - I don't
see why we should vacate a road easement when we have to pay so dearly
any where else. It is being used. Chairman Jacobson - I would favor
keeping the easement because it would be a logical extension and also,
a 1974 court decision that gives the property owners to the South right
to use the easement. It seems to me that it would put the City in a
position of denying the court decision. Commissioner Bruns - mentioned
that by vacating the easement the Hagens couldn't get into their garage.
Commissioner Elling - The easement was existing when Rosella Sonsteby
bought the property and it would create a problem getting in and out of
the garage by this vacation.
Motion by Commissioner Bruns, seconded by Commissioner Elling, that the
Planning and Zoning Commission recommend to the City Council denial of the
vacation (legal description of the easement - that part of the SE~ of the
SW~ of Sec. 29, Township 32, Range 24, Anoka County, MN, described as
follows, to-wit: Commencing at a point on the E. line of the SE~ of the
SW~ of Sec. 29 which point is 16 rods S. of the NE cor. of said SE~ of
the SW~, thence W. at right angles a distance of 26 rods, thence N. at
right angles to the S. line of that certain road easement in favor of the
Township of Grow, thence Easterly along the S. line of said road easement
to the E. line of the SE~ of the SW~ of Sec. 20, thence S. on said E.
line of the SE~ of the NW~ of Sec. 20 to the point of beginning) for
the following reasons: (1) there is an existing easement of record prior
to the time of her acquisition of the property; (2) that Andover Building
Department granted a building permit for a garage which faces said 33'
easement; (3) the rights of Mr. and Mrs. Hagen, who reside exactly South
of the lO.89', would be jeopardized with the vacation of said easement
that is the right to ingress and egress over said 10.89'; (4) and that
civil action in 1974 and the court ruled in favor of Mr. and Mrs. Hagen
granting them prescriptive easement rights over said lO.89'; (5) the
natural development of the property - the City could use that as a future
road.
Vote on motion: yes - Commissioner Bruns, Chairman Jacobson, Commissioner
Elling; present - Commissioner Kishel, Commissioner Bosell, Commissioner
Johanson. Motion carried.
(~ This will be on the City Council Agenda on June 21, 1977.
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Planning and Zoning Commission Meeting
Minutes - May 24, 1977
Page 5
Great Oak Estates Preliminary Plat Public Hearing (Comm. #1-77-1)
Chairman Jacobson opened the public hearing. LeRoy Winner, surveyor,
and Richard Hoggatt, owner, were present to answer questions and explain
the preliminary plat. The Commission reviewed the letter (copy attached)
from City Engineer - Rex Stockwell - dated May 18, 1977. Mr. Winner
said they would alter the setback line as requested. Mr. Stockwell
said the percolation test wouldn't be necessary since sanitary sewer is
available. A letter was sent from Mr. Winner to the Coon Creek Watershed
Board's Engineer requesting exemption from their regulations since the
plat would only create 2 new houses. No reply has been received from
the Coon Creek Watershed Board. Engineer Stockwell stated that he
sees no problems with the soil borings - lot 1 should have a minimum
basement elevation of 876.2' and lot 3 should have 875.0'. The soil
borings were taken at the building setback line. If they elect to build
elsewhere, then the building inspector might require additional soil
borings. Sanitary sewer stubs are in and available for hook-up. Discussed
ponding and what the Coon Creek Watershed Board might require.
Motio~ by Commissioner Kishel, seconded by Commissioner Elling, to close
the public hearing. Motion carried unanimously.
Discussion: getting a letter of intent, at least, from Coon Creek
Watershed Board, going before the Park & Recreation Commission for
their recommendation, 60-day time limit on Planning and Zoning action
on a preliminary plat.
Motion by Commissioner Bosell, seconded by Commissioner Kishel, that
the Planning and Zoning Commission continue the consideration of the
preliminary plat of Great Oak Estates to the first meeting in June in
order to get recommendation from the Park Commission and at least a letter
of intent from the Coon Creek Watershed Board. Motion carried unanimously.
Ordinance #36 Amendment (Moratorium) Public Hearing (Comm. #4-77-4)
Chairman Jacobson opened the public hearing and explained that the
moratorium expires on July l, 1977. The Planning and Zoning Commission
has recommended that it be extended and the City Council sent it back
to the Planning and Zoning Commission for a public hearing.
Rosella Sonsteby stated, "I am
You want orderly development.
that are living close to Anoka
opposed to that and don't think its legal.
I don't think its fair to those of us
that can't develop."
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Planning and Zoning Commission Meeting
Minutes - May 24, 1977
Page 6
Discussed the Metropolitan Council paperwork and decisions that are
still being worked on. The airport decision is to be ready by October.
The rules and regulations will not be here by July 1.
Charlie James, 4223 Grimes, Edina, discussed his objections to Met.
Council and cited examples of their guidelines elsewhere. "I am wondering
how this affects me. I don't want to come in the back door with a mortgage.
I am here to find out how I stand with this situation. I think Met
Council is usurping local authority."
Chairman Jacobson, "A lot of people feel as you and Mrs. Sonsteby do,
but our state legislature has passed a law saying that Cities must
comply with the rules and regulations proposed by the Met Council.
We could fight them if we do not agree but the law states that Cities
must comply. Further unplanned development may hurt the City more than
waiting a few months for the Met Council rules and regulations."
Discussion: appeal and variances, Section 4, hardship by extending the
ordinance, and the Metropolitan Council's power.
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Don Hallblade, 14165 Ivywood, expressed his opposition to the moratorium.
Discussed the time limit and whether to have it non-extendable.
Motion by Commissioner Bosell, seconded by Commissioner Bruns, to close
the public hearing. Motion carried unanimously.
Motion by Commissioner Kishel, seconded by Commissioner Bruns, that the
Planning and Zoning Commission recommend to the City Council that the
Ordinance #36 (Moratorium) be extended for 6 months (until December 31,
1977) inasmuch as the Metropolitan Council has indicated that we would
be receiving the Systems Statement by the 1st of July and also we would
be receiving the final determination on the search site for the airport;
and the three persons in attendance at the public hearing were completely
against the extension.
Vote on motion: yes - Commissioner Bosell, Commissioner Bruns, Commissioner
Elling, Commissioner Kishel, Chairman Jacobson; no - Commissioner Johanson.
Motion carried.
This will be on the City Council Agenda on June 7, 1977.
The next meeting will be at 7:30 on June 14.
Adiournment
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Motion by Commissioner Johanson, seconded by Commissioner Bosell, to adjourn.
Motion carried unanimously. Meeting adjourned at 9:55 P.M.
Jl. Q"...;, ~ }/~
Deloris J. H son
Commission C erk
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TKDA
TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIATES INCORPORATED
ENGINEERS AND ARCHITECTS
1408 PIONEER BUILDING
SAINT PAUL, MINNESOTA
55101 224 -7891
TELEX 29-7461
May 18, 1977
RICHARD M. BARKER
OWEN J. BEATTY
CARREL H. BERKOWITZ
ROBERT A. BOYER
JAMES C. BROTEN
ARNDT J. DUVALL
HUGO G. ERICKSON
WILLIAM J. FEYDER
ROYCE 8. HANSEN
STEPHEN M. HARTLEY
WESTLY J. HENDRICKSON
CLIFFORD E. JOHNSON
DuWAYNE R. KA5MA
J. THOMAS KIRK
DAVID W. KIRKWOLO
A. DEAN LUNDHOLM
ROBERT T. MALONEY
DENNIS R. MARTENSON
RICHARD D. MENKEN
LEONARD G. MILLER
WAYNE A. OLSON
DUANE T. PREW
RUDOLPH P. RAlTOR
ROBERT R. RYDER
WILLIAM H. SHERIDAN
JAMES A. SKARET
ASE J. SPERLING
ROBERT G. SPURR
WALTER W. THORPE
JAMES E. VOYEN
NATHAN F. WEBER
Planning and Zoning Commission
Andover, Minnesota
Re:
Great Oak Estates
Preliminary Plat Review
Commission No. 6223-77
Commission Members:
CLIFFORD W. HAMBLIN
!::DWARO J. BOOTH
This letter is written to discuss the preliminary plat
for Great Oak Estates located between Coon Creek and
Eidelweiss Street NW, north of Bunker Lake Blvd NW.
The proposed subdivision, zoned R -4, includes three lots each served with
sanitary sewer during the 1975 Sanitary Sewer Construction Program.
During this project sewer stubs were installed to serve each of the pro-
posed lots, anticipating future subdivision of the property.
The proposed subdivision is adjacent to Coon Creek, thus under juris-
diction of the Coon Creek Watershed Board. The plat has been submitted
to the Watershed Board for their review.
A portion of the subdivision is located in the 100 year flood plain for Coon
Creek. No buildings will be allowed on this area which includes all property
below elevation 866. The rear setback lines for each of the proposed lots
must be revised to conform to this elevation. The distance from Coon
Creek to the setback line for each lot should be so indicated for future
reference by the City Building Inspector.
One soil boring and percolation test will be taken near the front setback
line for proposed lots 1 and 3. This information has not been received at
the date of this writing. Minimum basement floor and/or first floor eleva-
tion will be indicated after review of the soils data.
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Andover Planning and Zoning Commission
May 18, 1977
Page Two
We will review this letter with the Commission at the May 24, 1977
meeting.
Very truly yours,
TOLTZ, KING, DUVALL, ANDERSON
AND ASSOCIATES, INCORPORATED
R WS:pp
cc: LeRoy Winner & Assoc., Surveyor
Mr. Richard Hoggatt, Owner
Patricia K. Lindquist, City Clerk