Loading...
HomeMy WebLinkAboutJuly 26, 1977 o o 0 c,ry of ANDOVER o o PLANNING AND ZONIN:; COMMISSION Regular Meeting - July 26, 1977 AGENDA Approval of Minutes 1. Comm. #6-77-4 Leonard McLaughlin Variance Request 2. Comm. if? -77-6 Norman Shequen Variance Request 3. Comm. 1F7-77-7 Vacation of Crocus Street Public Hearing 4. Comm. #7-77-4 Cunningham Addition Sketch Plan 5. Comm. if? -77-8 Peddler Ordinance Discussion 6. Comm. if6-77 -6 Revised Zoning Ordinance discussion o Publish on July 22, 1977 o o o 0 CITY 01 ANDOVER o o REGULAR PLANNING AND ZONING COMMISSION MEETING July 26, 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 July 26, 1977, at the Andover Community Center, l685 Crosstown Boulevard NW, Anoka, Minnesota 55303. Commissioners Present: Walter Bruns, James Elling, John Johanson, and Larry Retzlaff Commissioners Absent: d'Arcy Bosell and Ralph Kishel Minutes of 6-27-77 Motion by Commissioner Retzlaff, seconded by Commissioner Bruns, to approve the Special Planning and Zoning Commission Minutes of June 27, 1977. Motion carried unanimously. c=> Minutes of 7-12-77 Corrections: page 2 - Sonsteby Sketch Plan - change 330' frontage to 300' frontage Motion by Commissioner Retzlaff, seconded by Commissioner Bruns, to approve the Regular Planning and Zoning Commission Minutes of July 12, 1977 as amended. Motion carried unanimously. Leonard McLaughlin Variance Request (Comm. #6-77-4) Chairman Jacobson explained why this item is back on the agenda.(refer attached letter dated 7-15-77 from Patricia K. Lindquist, City Clerk). Discussed the fact that the legal description has not been changed. Suggested inserting the correct legal into the recommendation for the City Council. Mr. McLaughlin had previously stated there was no hardship. The Commission felt that considering the size of the existing lots, they are unusable for building sites which could certainly be considered a hardship. o o o o o () Planning and Zoning Commission Meeting Minutes - July 26, 1977 Page 2 Motion by Commissioner Retzlaff, seconded by Commissioner Johanson, that the Planning and Zoning Commission recommend to the City Council the Variance Request for Leonard McLaughlin under Section 17.01 of Ordinance 10, hardship, for the following reasons: 1) The lots, as they are currently, are not buildable and they have physical conditions that restrict building. 2) Reference the City Clerk's letter of July 15, 1977. 3) There was no opposition from the neighborhood or surrounding residents. 4) The variance will result in 2 lots and they conform to the City zoning codes. Reference the attached map submitted by Mr. McLaughlin showing Tract A and Tract B for the property which was known as Lot 11 and Lot 12 of Auditor's Sub. #102. Discussion on park fees: he already has 2 lots and would not be creating any more; it would be a rearrangement of the property; all of the lot splits recently in unplatted areas have been charged $100 per lot park fees by the City Council. Amendment by Commissioner Retzlaff, seconded by Commissioner Bruns, that the Planning and Zoning Commission would recommend that Mr. McLaughlin pay $100 per lot for park dedication fees. ~ U Motion and amendment carried unanimously. This will be on the City Council Agenda on August 2, 1977. Norman Shequen Variance Request (Comm. #7-77-6) Mr. Shequen explained that he wanted to split his property - Lot 3 of Pankonin's Addition in Section 34 - into 2 parcels because the lot is too big for his use and he has somebody who wants to put in a machine shop if he can split the property. He bought the lot a year ago from Mr. Pankonin. His building, where he operates his business, is the only area needed by him. The rest of the property is growing into weeds because it is too big an area to maintain a lawn. He feels it is a good opportunity to get a good, clean business in the City. Mr. Shequen has 5 or 6 employees and the guy interested in buying the property will employee 8 people. He was asked if there were any assessments or his payments had changed. He replied that no, there were no assessments; but yes, his payments have gone up. He stated again that the property was too big to put in a great big lawn because the building is all the business. o Discussed driveways - where they would go, where they are now, and the future service road. The lot split would meet the minimum requirements of Ordinance 8, Section 6.02. Ordinance 10, Section. 9.06 A(2) states, "no lot shall be developed for resid'ential purposes unless it contains a minimum of 39,000 square feet and has a frontage of at least 165' at the building setback line". This is not residential use but has plumbing, septic system and suc~ as a residential use would. It doesn't meet the requirements of the Comprehensive Development Plan. o o u o o Planning and Zoning Commission Meeting Minutes - July 26, 1977 Page 3 Discussion: Mr. Shequen knew the size of the property when he bought it last year; the City has done nothing to increase Mr. Shequen's payments; lot splits and reasons for lot splits; lot sizes; how much more valuable the land becomes when City sewer comes; the need for clean small business in the City; using the ordinances that are in effect at this time. Motion by Commissioner Retzlaff, seconded by Commissioner Bruns, that the Planning and Zoning Commission recommend that the City Council deny the Variance Request of Norman Shequen for a lot split for the following reasons: 1) The lot split is not requested on the basis of Ordinance 10, Section 14.02. 2) The Variance Request does not comply with the requirements of Ordinance 10 - Section 17.01. 3) The current use of the land is General Business but there are no city improvements in so that the requirement of 39,000 contiguous buildable feet would not be met by making the lots smaller, into 29,564 square foot lots. o Amendment by Commissioner Retzlaff, seconded by Commissioner Bruns, that reference be made to the Planning and Zoning Commission Minutes of April 27, 1976, when the Pankonin Sketch Plan was presented and May 25, 1976 Minutes when the preliminary plat of Pankonin Addition was presented. Also reference the legal description of the subject property: Lot 3, Block 1, Pankonin Addition. Vote on amendment: carried unanimously. Vote on motion: yes - Commissioner Elling, Chairman Jacobson, Commissioner Bruns, Commissioner Retzlaff; present - Commissioner Johanson. Motion carried. This will be on the City Council Agenda on August 16, 1977. Vacation of Crocus Street Public Hearing (Comm. #7-77-7) Chairman Jacobson opened the public hearing on the request for vacation of a portion of Crocus Street from 140th Lane to 141st Avenue. James Hane, representative for Dr. Cunningham, the owner of the property involved, explained why the vacation is needed. When the sanitary sewer was put in, rather than keeping the jog in the road, the road was straightened. Therefore, a portion of the previous roadway was vacated. Since physically the vacation has occurred, now the legal vacation must be done. Chairman Jacobson mentioned the gas and phone lines buried there. Commissioner Elling said that all they would do is call the utility companies and it would take them about an hour to find the underground lines. Mr. Hane was advised to contact the City Engineer and they can arrange to have the utility companies locate the lines and put on a drawing exactly where the utility easement should be. o CJ r, \ I ,_J (" 'J o o o o Planning and Zoning Commission Meeting Minutes - July 26, 1977 Page 4 Motion by Commissioner Retzlaff, seconded by Commissioner Elling, to continue the public hearing until August 9, 1977 with the request for time to locate said City utilities and to come back with that information. Motion carried unanimously. Cunningham Addition Sketch Plan (Comm. #7-77-4) Jim Hane, developer for Dr. Cunningham (owner of the property), showed the Commission his sketch plan and explained the proposal. It is a 7-acre parcel, located in Section 33 with 16 lots in R-4 zoning. He shows a 30' easement on lots 11, 12, and 16 where the sewer line would be brought in. The Commission questioned the frontage of the lots (6, 7, 9, 10, and 12) on the cul-de-sac. At the setback line of 30', they don't appear to meet the 85' minimum frontage required for this zoning. They mentioned that the Coon Creek Watershed Board may require ponding. Mr. Hane said perhaps lot 1~ on the back,could be a pond. They would be willing to pay cash in lieu of land for park dedication since there are 3 parks in the area and the addition is small; but they will go to the Park and Recreation Commission to get their recommendation. County Ditch #57 - there should be an easement shown, usually it is 50'. The corner lots should be 15' larger than other lots. After getting the gas and phone lines located and the vacation of Crocus Street taken care of, Mr. Hane can go ahead with the preliminary plat (after checking on those items mentioned above). Peddler Ordinance Discussion (Comm. #7-77-8) Commissioner Bruns explained his reasons for drafting a Peddler Ordinance and getting copies of other municipalities similar Ordinances. Andover has transient merchants in town peddling goods. There is edible merchandise being sold. It is a common ordinance in a lot of towns. The Commission members agreed to review all of the materials and continue the discussion at the next regular meeting - August 9, 1977. Revised Zoning Ordinance Discussion (Comm. #6-77-6) The Commissioners started reviewing the proposed ordinance. The following changes were made: page 4 - D. Recommendation 2) change "The City Council must" to "The City Council shall". E. Council Action 2) ask the City Attorney about "4 out of 5 vote". o o o o o o o Planning and Zoning Commission Meeting Minutes - July 26, 1977 Page 5 Page 5 - 12. should read "the special use shall be located, designed, maintained, and operated compatibly with the existing or intended character of the land ". B. Procedure should be "A special use permit may be initiated by the owner, or his agent, of subject property. . . ". 12. delete "user or potential user". Page 7 - F. Amended Special Use Permit second sentence should be "Amended special use permit applications shall include request for changes in conditions or use(s)." IV. Variances last sentence should read "A variance may be initiated by the owner and or agent of the subject property." Page 8 - A. Procedure 1) delete the word "user". C. Recommendation 12. should be "The Planning and Zoning Commission shall consider the variance application at it's first regularly scheduled meeting, 10 days following the receipt of the application, and shall make it's recommendation in writing to the City Counci1." Page 9 - VI. Vacated Streets should be VI. VACATIONS. Discussion will be continued at the next regularly scheduled Planning and Zoning Commission Meeting. ADJOURNMENT Motion by Commissioner Bruns, seconded by Commissioner Elling, to adjourn. Motion carried unanimously. Meeting adjourned at 10:15 P.M.