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HomeMy WebLinkAboutAugust 9, 1977 o o 0 c,ry 01 ANDOVER o o PLANNING AND ZONING COMMISSION Regular Meeting - August 9, 1977 AGENDA Approval of Minutes 1. Comm. #7-77-7 Vacation of Crocus Street Public Hearing Continued 2. Comm. #7-77-1 Hawk Ridge Preliminary Plat Public Hearing 3. Comm. #8-77-1 Wesley Spadgenske Variance 4. Comm. #8-77-2 Meadow Creek Baptist Church Special Use Permit Public Hearing S. Comm. 1F7-77-8 Peddler Ordinance Discussion 6. Comm. #6-77-6 Revised Zoning Ordinance Discussion o Publish on August 5, 1977 o o o 0 City of dfndoot;"T- o o 1685 CROSSTOWN BLVD. N,W, ANOKA. MINNESOTA 55303 (612) 755.5100 REGULAR PLANNING AND ZONING COMMISSION MEETING August 9, 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 August 9, 1977, at the Andover Community Center, 1685 Crosstown Blvd. N.W., Anoka, Minn. 55303. Commissioners Present: d'Arcy Bosell, Walter Bruns, James Elling, John Johanson and Larry Retzlaff Commissioner Absent: Ralph Kishel MINUTES OF JULY 26, 1977 MOTION by Commissioner Retzlaff, seconded by Commissioner Elling, to approve the Planning and Zoning Minutes of July 26, 1977. Motion carried unanimously. MEADOW CREEK BAPTIST CHURCH SPECIAL USE PERMIT PUBLIC HEARING c=)Chairman Jacobson asked the representatives of Meadow Creek Baptist Church the size of the structure they wanted to build and was told it was approximately 8Q' x 60' but the plans were not drawn yet. This addition would be used for a Christian activities center, sunday school rooms on the top and a kitchen on the lower half. After construction the area would be landscaped. They were not aware they had to obtain a Special Use Permit for a private school. They have been dealing entirely with School District #11, Mr. Finch, the Superintendent. It was noted that a private school is permitted under Ord. #8, Sec. 7.03. The estimated enrollment for 1977-1978 school year is 190 students in Grades K-lO. Chairman Jacobson then asked if there was any opposition to the proposed addition and school at Meadow Creek Baptist Church and there was none. MOTION by Commissioner Bruns, seconded by Commissioner Retzlaff to close the public hearing portion of the meeting. Motion carried unanimously. MOTION by Commissioner Bruns, seconded by Commissioner Bosell, the Andover Planning and Zoning Commission recommends that the Andover City Council approve the Special Use Permit for the Meadow Creek Baptist Church under Ord. #8, Sec. 7.03, Private School, for the following reasons: 1. The school as it is now located in the Meadow Creek Baptist Church is a permitted use in an R-l district. o 2. The Christian day school has been approved by the State of Minnesota. 3. That a Public Hearing was held and there was no opposition. Page #2 - Planniri) Zoning C\ission Meeting August 9, 1977 o o 4. That a Christian day school will be compatible with existing uses in the area. o Discussion: Commissioner Retzlaff questioned #2, the day school has been approved by the State of Minnesota. It should be amended to read "has been approved by School District #11. They have dealt soley with the sohool district. The representatives of Meadow Creek Baptist Church stated the State of Minnesota does not approve private schools as such. In order to receive state aid, the local school district must hire certified teachers, hold 175 school days, comply with the compulsory attendance law, plus other requirements. Meadow Creek Baptist Church is not interested in state aid but they have met the requirements of the compulsory attendance law as required by the school district. Also, an additional amendment should be #5, that the proposed use is not a detriment to the health, safety, morals and general welfare of the community at large. AMENDMENT by Commissioner Bruns, seconded by Commissioner Bosell to change #2 to read, "The Christian Day School has been approved by School District #11." AMENDMENT by Commissioner Bruns, seconded by Commissioner Bosell to add to the motion #5, That the proposed use is not a detriment to the health, safety, morals and general welfare of the community at large. Amendments and motion carried unanimously. MOTION by Commissioner Bruns, seconded by Commissioner Bosell that the Andover Planning and Zoning Commission recommends to the City Council approval of an amended Special Use Permit per Ord. #8, - Sec. 5.03 - Sec. (a) C-7 - Addition to facility for the following reasons: () 1. The construction of a Christian activity center as an addition to the Meadow Creek Baptist Church will be compatible with the existing present use. 2. A Public Hearing was held and there was no opposition. 3. That a Christian activities center would be a permitted use in an R-l district in conjunction with the Meadow Creek Baptist Church day care center. 4. That the facility would not be detrimental to the health, safety, morals, and general welfare to the residents of the City of Andover. 5. That a Christian activities center would be a major asset for the City of Andover. Discussion: Chairman Jacobson read the existing Special Use Permit to the Commission dated June 11, 1974 and believed it should be incorporated in the motion. AMENDMENT by Commissioner Bruns, seconded by Commissioner Bosell, to add #6, that it would be an expansion of the existing Special Use Permit granted on June 11, 1974 by the Town Board of Grow Township. Amendment and motion carried unanimously. The representatives were advised this matter would be on the Agenda for their consideration. SertpmnPT hth City Council /1 4J"'S+ /1o+.!2 (c-cJrre.c+:o,,) \.. P"n'77 o Page #3 - o 0 Planning and Zoning Commission Meeting August 9, 1977 o o OWESLEY SPADGENSKE VARIANCE Mr. Spadgenske stated he now owns both parcels 4850 and 4800 and would like them to make one lot giving him 424.67 frontage on South Coon Creek Drive. discussion the following motion was made: to combine After some MOTION by Commissioner Retzlaff, secnnded by Commissioner Bruns that the Planning and Zoning Commission recommends to the City Council that the variance request for Wesley Spadgenske be granted under Ord. #10, Sec. 17.01, hardship referring to physical characteristics of the land, for the following reasons: 1. The lot developed will be compatible with the surrounding land use. 2. There is no objection from the neighborhood or surrounding residents. ku.J sh:P (cori'ec-f;.., 2-:n-77) Discussion: Chairman Jacobson questioned whether the term "~p" is the right verbiage. Commissioner Retzlaff thought it was, a hardship on the physical characteristics of the two parcels of land since the one parcel has at present approx. 126 ft. of front footage. Mr. Spadgenske couldn't build anything on it but combining the lots, it becomes a buildable site. (No vote on this motion. ) MOTION by Commissioner Retzlaff, seconded by Commissioner Elling, that the Planning and Zoning Commission recommends to the City Council the variance request for Wesley Spadgenske be approved under Ord. #10 for the following reasons: o 1. The lot that will be created is compatible with R-l zoning. 2. There is no opposition from the neighborhood or surrounding residents. Discussion: The Chair would like to see the legal description inserted some place, also Ord. #10, 14.01, sub. sec. 1 would fall under this, it was grandfathered in. AMENDMENT by Commissioner Retzlaff, seconded by Commissioner Bosell that #3, the resolution should include the legal description of the lots, 4850 and 4800, as provided with the variance request and #4, that the variance complies with Ord. #10, 14.01, para. 1. Amendment and motion carried unanimously. Mr. Spadgenske was advised this matter would be on the September 6th City Council Agenda for their consideration. VACATION OF CROCUS STREET PUBLIC HEARING CONTINUED With regard to utility easements, Mr. Hane stated the telephone company came out and they have a box approximately 12 ft. in. The gas line is on the other side of the street. After some discussion between the Commission, the City Engineer and Mr. Hane and since there were no other interested parties in the audience other than ~Ar. Hane, the following motion was made: MOTION by Commissioner Retzlaff, seconded by Commissioner Bosell, to close the Public Hearing portion of the meeting. Motion carried unanimously. OSince the Commission was verbally told of the utility easements and there was nothing shown on the drawing, this matter was continued to the next regular Planning and Zoning Commission meeting. Page #4 - Planni~d Zoni~ommission Meeting August 9, 1977 o o HAWK RIDGE PRELIMINARY PLAT PUBLIC HEARING r~ ~Mr. Carlson gave the Commission a new revised preliminary plat showing minor The eight comments in TKDA's August 4, 1977 letter were discussed at length. of each follows: changes. A synopsis 1. The boundary lines of all properties and corresponding property owner's names are now shown on the revision. 2. The revision now shows the proposed use of each lot - single family residence. 3. Block 6 along 177th La. is in excess of 1320 ft. The problem with reducing it was noted and understood. To reduce the road would have no advantage from the street design standpoint. 4. The cul-de-sac on the west end of 177th Lane does not meet the ffilnlmum front footage requirement of 300 ft. It was suggested to possibly run l77th La. straight and split Lot 10 in half but there would be the problems of tree removal and crossing the pipe line. Also the Engineer stated that in the newer developments today there are many cul-de-sacs to decrease the traffic flow. It was agreed that it is physical impossible to design a cul-de-sac meeting minimum requirements in an R-l zoning district. 5. The roadway system was designed to reduce the amount of tree removal thereby preserving the natural features of the property. 6. o Seven of the corner lots do not meet minimurnlot width requirements. These, Mr. Carlson stated, they are trying to leave at 275' and eliminate possibly removing 2/3's of the trees and the City Council has said time and again that the intention of that "corner business" was not for this size acreage. 7. Four soil borings were taken. On the 1st and 2nd, no water was found; on the 3rd they hit water at 15.1' and on the 4th, 14.7'. Most basements are no more than 8 ft. underground. 8. Several changes were made to provide proper draining in the event of a 10o-year storm. They are shown on the revised plat. The County Highway Engineer has been contacted with regard to the proposed development and Mr. Ruud anticipates no problem with the plat. Mr. Carlson stated he would get the approval in writing. The City has presented Oak Grove Township with the information and they have received no adverse comment. The City Engineer stated Mr. Carlson has met all requirements from an engineering standpoint. Questioned was the jog at Arrowhead and 179th Ave. and whether or not it could become a dangerous intersection. Mr. Carlson stated he believed it would be less dangerous than a through street - but in time that portion of the proposed road could be curved to match with Arrowhead. o Page #5 - o 0 Planning and Zoning Commission Meeting August 9, 1977 o o r-\Mr. Carlson received a letter from Minnesota Pipe Line Co. dated July 29, 1977, ~/if certain guidelines and conditions are followed, they grant their permission. of this letter is on file. and A copy Chairman Jacobson asked for public input. Mr. Gary Patchen stated he was opposed to the development due to lot size, the added traffic and developing land in that area in general. Mr. and Mrs. Schreck voiced the same oplnlon also adding they hoped the residents wouldn't complain of the smell from their animals when the wind blew the right way. The Commission conveyed to the residents that the plat was in accordance with R-l zoning. MOTION by Bruns, seconded by Elling, to close the Public Hearing portion of the meeting. Motion carried unanimously. Mr. Carlson showed the Commission a copy of a recorded mortgage deed which states in part the Nevada Orr Estate is in full agreement with the plat. In the discussion that followed, several suggested motions were made. However, they were thought to be too lengthy and the following motion was agreed upon: MOTION by Commissioner Retzlaff, seconded by Commissioner Bruns, that the Andover Planning and Zoning Commission recommends to the City Council acceptance of the Hawk Ridge Preliminary Plat of August 9, 1977 for the following reasons: 1. Being in compliance with existing ordinances with the following exceptions: o A. B. Exceptions are noted on Ord. #8, sub. sec. 6.02 - lot frontage on Block 4, Lots 9, 10 and 11. ~/3,D3./f''''A'<'''r<'F1w (~.1",.;>"3"77) Ord. #8, sub. sec~ AAA and WW - Block 1, Lots 1 and 3; Block 3, Lot 6; Block 4, Lots 4 and 6; Block 5, Lots 1 and 6. On these lots, house frontage would have to be on the longest street frontage. 2. It is compatible with the surrounding area. 3. A letter of acknowledgement from Minnesota Pipe Line Co. has been received. 4. The preliminary plat has been addressed to the County Highway Engineer and he has given verbal acceptance to the development. 5. The Park/Recreation Commission has reviewed the preliminary plat and recommends the park land dedication. 6. The preliminary plat meets the engineering standards of the City of Andover as recommended by TKDA. 7. Public input was received from two abutting residents Objecting to the plat. VOTE ON MOTION: Yes - Elling, Johanson, Bruns, Retzlaff, No - Bosell, Present - Jacobson Motion carried. (~Commissioner Bosell noted she voted no because she does not believe in creating substandard ~front lots and she is directly affected by the development. o () Page #6 - Planning and Zoning Commission Meeting August 9, 1977 c o r\ ~Due to the lateness of the hour, the Peddler Ordinance discussion and the Revised Zoning Ordinance discussion was tabled and a special meeting was set for August 15, 1977, 7:30 p.m. MOTION by Commissioner Retzlaff, seconded by Commissioner Elling, to adjourn meeting. Meeting adjourned 10:45 p.m. Respectfully submitted: ~~~L , ae Ellen Bak e o o