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HomeMy WebLinkAboutJune 14, 1977 o o 0 CITY 01 ANDOVER o Approval of Minutes 1. Comm. #5-77-1 2. Comm. if6-77-1 3. Comm. #6-77-2 4. Comm. #1-77-1 C<.>>nm,.# "'-7"7-3 5. Comm. #2-77-1 o 6. Comm. if4-77-1 7. o PLANNING AND ZONING COMMISSION Regular Meeting - June 14, 1977 AGENDA James Larson Rezoning Public Hearing and Variance Request Tom Cherney Variance Request Durwood Sagvold Variance Request Great Oak Estates Preliminary Plat Continued and Variance Request (R/ck....d }./03JA-I-I) Mattson & DeGardner's Crooked Lake Addition Preliminary Plat Continued Discussion and set date for interviewing Planning Applicants Buildability Ordinance Public Hearing 8. Ordinance Violations Report 9. Progress Report from Subcommittee for Ordinance Revision Publish on June lO, 1977 o o iF') U o o o 0 ,,.ry 01 ANDOVER o REGULAR PLANNING AND ZONING COMMISSION MEETING June 14, 1977 MINUTES The Regular Meeting of the Andover Planning and Zoning Commission was called to order at 7:35 P.M. by Commissioner Larry Retzlaff (Chairman Don Jacobson arrived 5 minutes later) on June 14, 1977 at the Andover Community Center, 1685 Crosstown Boulevard NW, Anoka, Minnesota 55303. Commissioners Present: d'Arcy Bosell, Walter Bruns, James Elling, Ralph Kishel, Larry Retzlaff Commissioner Absent: John Johanson Also Present: Rex Stockwell - City Engineer, and others Minutes Motion by Commissioner Bosell, seconded by Commissioner Elling, to approve the Minutes of May 24, 1977 as written. Vote on motion: yes - Commissioner Kishel, Commissioner Elling, Commissioner Bruns, Commissioner Bosell; present - Commissioner Retzlaff. Motion carried. James Larson Rezoning Public Hearing (Comm. #5-77-1) Commissioner Retzlaff opened the public hearing for the rezoning. James Larson, 13315 Lily Street, came forward and explained that he is requesting a zoning change from R-1 to R.4 for the one acre of land he owns in Section 32. Two sanitary sewer stubs were put in already. He would like to divide the land into two lots to sell it to get out of the sewer assessments. Coon Rapids will be putting an improved street and storm sewer in this area. Discussed whether the street should be 60' or 66'. Engineer Stockwell said the 66' street would be correct and that the bids for the street and storm sewer project came in extremely high so Coon Rapids will be holding another hearing. Motion by Commissioner Retzlaff, seconded by Commissioner Bosell, to close the public hearing. Motion carried unanimously. Motion by Commissioner Retzlaff, seconded by Commissioner Bosell, that the Planning and Zoning Commission recommends the City Council approve the rezoning from R-1 to R-4 per the request of James H. Larson for parcel 9400 of Plat 65932 legally described as: The E. 221.12' of the N. 197' of the S. 297' of the SE~ of the SE~ of Sec. 32, Township 32, o o o o Planning and Zoning Commission Meeting ('I Minutes - June 14, 1977 \..J Page 2 CJ o Range 24 in Anoka County, Minnesota, said distances being measured parallel with the East and South lines of said SE\ of the SE\; subject to an easement for road purposes over the Easterly 33' thereof. Rationale for recommendation of approval: it would put the land into the existing use; and, it is compatible with surrounding lots and lot usages; and, there was no public disagreement with the rezoning. Motion carried unanimously. James Larson Variance Request Mr. Larson is requesting the variance to divide the I-acre parcel into 2 lots. The lots already have sewer stubs and the assessment is $7,200. The Commission discussed the lot split ordinance that is pending before the City Council at this time. The lot split Ordinance, as now written, would require a park dedication fee of $50 per lot. The Commission discussed whether they could ask for park dedication money on this variance request for a subdivision of land. Mr. Larson felt it wasn't reasonable to ask for the money since it isn't covered by the ordinance now; but, he is willing to pay additional fees if the City requests it. Motion by Commissioner Bruns, seconded by Commissioner Retzlaff, that the Planning and Zoning Commission recommend to the Andover City Council the Variance Request of James H. Larson under Section 14.02 of Ordinance 10 - hardship - the reasons being: 1) that Mr. Larson has indicated that due to severe assessments against his property, that he has been faced with a financial hardship in excess of $7,200. 2) there is no opposition from the neighborhood and surrounding residents. 3) that the Variance would result in 2 lots and they would conform with the zoning code. 4) the Planning and Zoning Commission would recommend that Mr. Larson pay $50 per lot for park dedication fees. Vote on motion: yes - Commissioner Bosell, Commissioner Elling, Commissioner Bruns, Commissioner Retzlaff, Commissioner Kishel; no - Chairman Jacobson. Motion carried. The rezoning and the variance will be on the City Council Agenda on July 5. Tom Cherney Variance Request Comm. #6-77-1) Mr. Cherney's home is on a 2~ acre parcel in Red Oaks 3rd Addition where the sanitary sewer assessments were recently levied and storm sewer and improved streets are pending assessments. He wishes to divide the parcel into 4 lots in order to get compensation for the $20,600 total assessment. The lots are all larger than the minimum zoning requirement for the area. The sewer stubs were put in each lot. Discussed: how much he could sell the land for; it is already in a platted area; elevation and location of driveway on the northern lot; R-4 zoned. There is a 35 x 100' easement for "turn around" at the North end of Raven Street and on the Northwest corner of Mr. Cherney's property. Engineer Stockwell explained how a 70' by 70' turn around could be created with guard posts and additional parking lot for the City Park which adjoins the street. Discussed what to do with the easement. o o o o o Planning and Zoning Commission Meeting Minutes - June 14, 1977 Page 3 Motion by Commissioner Retzlaff, seconded by Commissioner Bruns, that the Planning and Zoning Commission recommends to the City Council approval for the Variance Request for Thomas P. Cherney under Section 14.02 of Ordinance 10 - financial hardship - for parcel 550 of Plat 68110 legally described as Lot 1, Block 2, Red Oaks Manor, 3rd Addition; for the following reasons: 1) the lots are compatible with the existing use. 2) there was no public opposition to the variance. 3) no park fees be required in that the fees have already been paid in the previous platting process. Vote on motion: yes - Commissioner Elling, Commissioner Bruns, Commissioner Kishel, Commissioner Bosell, Commissioner Retzlaff; present _ Chairman Jacobson. Motion carried. This will be on the City Council Agenda for July 5. Durwood Sagvold Variance Request (Comm. #6-77-2) o Mr. Sagvold is requesting a variance in order to build a dwelling on a metes and bounds lot (plat 65915 parcel 5890) which is 100 x 150' on Swallow Street and is zoned R-l. Discussed: rezoning Swallow Street from R-l to R-3; whether any more homes should be built in the area because of possible premature City improvements required; Ordinance 8B; the area to the East and also to the West are zoned R-3 with comparable lots; alternate sewage disposal systems; Engineer Stockwell explained where the C.A.B. interceptor will go and the unlikelihood of City sewer for the next 20 years in this area; combining adjoining unbuildable lots to come closer to meeting the minimum zoning requirements. Motion by Chairman Jacobson, seconded by Commissioner Kishel, that the Planning and Zoning Commission recommend the City Council deny the Variance Request for Durwood Sagvold (15921 Swallow Street - plat 65915 parcel 5890 - that part of the N. 100' of the S. 200', as measured along E. and W. lines of E~ of E~ of NW~ of SW~ of Sec. 15, Township 32, Range 24, lying W. of the E. lOO', as measured along the S. line of said E~ thereof (subject to road easement over the W. 33' thereof) (Subject to accepted easement for town road to Grow Township)) for the following reasons: 1) it does not meet the 60% zoning requirement. 2) the Commission was concerned about the possible effect of the sewer and water systems upon such a small lot. 3) the possible cumulative effect of additional houses in the area on lots which have not yet been issued building permits. o Vote on motion: Kishel; present Elling. yes - Commissioner Retzlaff, Chairman Jacobson, Commissioner - Commissioner Bruns, Commissioner Bosell, Commissioner Motion carried. Will be on the July 5, 1977 City Council Agenda. o o o o o o o Planning and Zoning Commission Meeting Minutes - June 14, 1977 Page 4 Great Oak Estates Preliminary Plat Continued (Comm. #1-77-1) Richard Hoggatt, owner of the property, and LeRoy Winner, surveyor, were present. Mr. Hoggatt wants to discontinue the plat and is requesting a variance to split the property as others are currently doing. Chairman Jacobson explained that if the preliminary plat is dropped, the variance could be acted upon BUT if the variance is denied, Mr. Hoggatt would have to start allover again with the plat if he still wished to divide the property. Mr. Hoggatt and Mr. Winner advised the Commission that it will cost $400 or $500 for the final plat and the big problem is time. It will take two or three months to get the final plat approved. Mr. Hoggatt has buyers "now". Richard Hoggatt, 13727 Eidelweiss, "I would like to withdraw the plat." Chairman Jacobson said, "After the discussion you still want to withdraw it?" Mr. Hoggatt, "Yes". Richard Hoggatt Variance Request (Comm. #6-77-3) Mr. Hoggatt said he wants a variance to split the property because he has $17,000 worth of assessments. He has sold the property and it will save money to split the property by variance instead of platting. He would accept 2 lots instead of 3. There are 3 sewer stubs in the property. In the Park and Recreation Commission recommendation, money was requested in lieu of park land. Discussed the lot split ordinance and the previous lot split allowed by variance in Green Acres. Discussed what to do about the Coon Creek Watershed Board - to wait for their recommendation, to go by their Engineer's recommendation or to go ahead without it. Perhaps it could go to the City Council with the contingency that it meet the Coon Creek Watershed Board's approval. English Ahlvig, 5320 Brookdale Drive, stated that he is the potential purchaser of the house and the lot to the north of the house. He is buying the property with the possibility of building another home on the proposed lot 1. Discussion on how many lots Mr. Hoggatt wants and filling out the City's variance request form. Motion by Commissioner Retzlaff, seconded by Commissioner Bosell, that the Planning and Zoning Commission recommends that the City Council approve the Variance Request for Richard Hoggatt under Section 14.02 of Ordinance 10 - financial hardship - for parcel 4700 (legal description - refer to description on plat) and that the lot split will consist of 3 lots as described on the sketch plan delivered with the Variance Request. Rationale is that: this lot split would be compatible with the surrounding area regarding lot sizes and usage and that there was no public opposition to the lot split. The approval of the recommendation would be contingent on approval by the Coon Creek Watershed of the plat per the Watershed's Engineer's letter of recommendation and that the lot split be subject to a $50 per lot park and recreation fee. o o o o o Planning and Zoning Commission Meeting Minutes - June 14, 1977 Page 5 Vote on motion: yes - Commissioner Retzlaff, Commissioner Bosell; no - Chairman Jacobson, Commissioner Bruns; present _ Commissioner Kishel, Commissioner Elling. Tied Vote. Chairman Jacobson called City Attorney, William G. Hawkins, for verification on how to proceed. He said that a new motion must be made. Discussion: the proper way to proceed; what provision would be made for easements; circumventing the platting ordinance; the reason for the great urgency. o Motion by Commissioner Retzlaff, seconded by Commissioner Bosell, that the Planning and Zoning Commission recommend to the City Council approval of the Variance Request for Richard Hoggatt under Section 14.02 of Ordinance 10 - financial hardship - for parcel 4700 plat 65933 legally described as: that part of the SE\ of the NW~ of Section 33, Township 32, Range 24 in Anoka County, Minnesota described as follows: Commencing at the SW cor. of said SE\ of the NW\; thence E. (assumed Bearing) on the S. line of said SE~ of the NW~ a distance of 901.16'; thence N. l008'24" E. a distance of 50.01' to the point of beginning of the land to be described; thence deflect left in a NW direction on a curve having a radius of 170' a distance of 109.78'; thence N. 35051'36" W. a distance of 94.13'; thence deflect right in a NW direction on a curve having a radius of 716.20' and a central angle of 15041'14" a distance of 196.09'; thence N. 69049'38" E. a distance of 356', more or less, to the center line of Coon Creek; thence SE on said centerline to its intersection with the E. line of said SE\ of the NW\; thence S. along said E. line a distance of 185', more or less, to a point 50' N. of the SE cor. of said SE\ of the NW\; thence W. and parallel to the S. line of said SE\ of the NW\ a distance of 415.94' to the point of beginning. The lot split will consist of 3 lots as described on the diagram submitted with the Variance Request (reference Great Oak Estates Preliminary Plat signed by LeRoy Winner dated 4-26-77) and this lot split will be compatible with the surrounding area regarding lot sizes and usage and there was no public opposition to the lot split. The approval is as l<=<,;ul1uut::..d~the Coon pe.r +h Creek Watershed Board's Engineer's letter and would be subject to a e $50 per lot park and recreation fee. Comments: Commissioner Elling felt they are circumventing the platting ordinance. Commissioner Bruns said, "When this plat was brought before us, it was well done and I like the whole concept of the plat. There was no sense of urgency." o Vote on motion: yes - Commissioner Bosell, Commissioner Retzlaff; no _ Chairman Jacobson; present - Commissioner Kishel, Commissioner Bruns, Commissioner Elling. Motion carried. Will be on the City Council Agenda July 5, 1977. re c.cc,,,,.,,.,,J,,f' i lOt; I I ! i I i o o o o o Planning and Zoning Commission Meeting Minutes - June 14, 1977 Page 6 Mattson & DeGardner's Crooked Lake Addition Preliminary Plat Continued (Comm. #2-77-1) Mr. DeGardner was present to discuss the plat. The Commission reviewed the letter from Engineer Stockwell and a letter from Israelson & Assoc., Coon Creek Watershed Board's Engineer. Discussed: elevations; easements; 1 large lot; right-of-way on Crooked Lake Boulevard. Motion by Commissioner Kishel, seconded by Commissioner Elling, to close the public hearing. Motion carried unanimously. Discussed: whether a ponding area is still needed; the current plat meets the City's zoning requirements; how many property owners should be involved with approval for the Coon Creek Watershed Board; possible storm sewer in the future. o Motion by Commissioner Elling, seconded by Commissioner Retzlaff, that the Planning and Zoning Commission recommend to the City Council ~proval of Mattson & DeGardner's Crooked Lake Addition proposed prelimina~y plat of May 19, 1977; being in conformance with existing ordinances and compatible with the area and with the exception of 9.05A (1) of Ordinance lO regarding lot #11 being twice the size of the average size lot; there was no opposition from the public in response to this. It meets with the approval of the Engineer and the Coon Creek Watershed Board with the exception of notifying three property owners per the Coon Creek Watershed Board letter dated 5-24-77; and also T.K.D.A.'s letter of June 9, 1977. Motion carried unanimously. Buildability Ordinance Public Hearing (Comm. #4-77-1) Chairman Jacobson opened the public hearing. Motion by Commissioner Bruns, seconded by Commissioner Elling, to continue the public hearing until the next regularly scheduled meeting. Motion carried unanimously. Discussion and set date for interviewing Planning Applicants Monday, June 27, 1977 at 7:30 P.M. is the Special Meeting time set to interview the applicants. Everyone is to get questions ready for the interview. Progress Report from Subcommittee for Ordinance Revision Commissioner advised those present of the new zoning ordinance proposed that was distributed at the meeting. This item will be on the next meeting's agenda. o Ad;ournment Motion by Commissioner Bosell, seconded by Commissioner Retzlaff, a~:uQ~o~~~nanimOUSlY' Meeting adjourned at 11:50 beloris J. Han~on Commission Ct6rk to P~.