HomeMy WebLinkAboutAugust 23, 1977
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CITY of ANDOVER
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PLANNING AND ZONING COMMISSION
Regular Meeting - August 23, 1977
AGENDA
Approval of Minutes
1. Comm. #7-77-7
Vacation of Crocus Street Continued
2. Comm. #8-77-3
3. Comm. #8-77-4
4. Comm. 1f8-77 -5
5. Comm. 1f6-77-6
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Richard Hoggatt Variance Request
Marie Burley Variance Request
Melvin Roth Special Use Permit Public Hearing
Revised Zoning Ordinance Discussion
Lof" 5' pi; + Ord;""...ee. f\ mendrne YlT
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Publication: August 19, 1977
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c,ry of ANDOVER
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REGULAR PLANNING AND ZONING COMMISSION MEETING
August 23, 1977
MINUTES
The Regular Meeting of the Andover Planning and Zoning Commission was
called to order at 7:30 P.M. by Chairman Larry Retzlaff on August 23,
1977, at the Andover Community Center, 1685 Crosstown Boulevard NW,
Anoka, Minnesota 55303.
Commissioners Present: d'Arcy Bosell, James Elling, Ralph Kishel
Commissioners Absent: Walter Bruns and John Johanson
Minutes
Corrections: page 2 - last sentence - change September 6th to August 16th.
page 3 - Wesley Spadgenske Variance - discussion after
first motion - change "handicap" to "hardship".
page 5 - motion to accept Hawk Ridge - 1B - should read
"Ordinance 8 - Subsection 3.02 paragraphs AAA & WW "
Motion by Commissioner Elling, seconded by Commissioner Bosell, to
accept the Minutes of August 9, 1977 as corrected.
Vote on motion: yes - Commissioner Elling, Commissioner Bosell, Chairman
Retzlaff; present - Commissioner Kishel. Motion carried.
Vacation of Crocus Street Continued (Comm. #7-77-7)
Jim Hane presented drawings of the easement. The easement contains
a telephone cable. The NSP easement that was shown on an old drawing
of the area was vacated by NSP a long time ago.
Motion by Commissioner Elling, seconded by Commissioner Bosell, that
the Planning and Zoning Commission recommends to the Andover City Council
approval of the vacation of that portion of Crocus Street as described
per drawing received 8-23-77 which is attached (legal description - a
strip of land 20' wide the center line of which is described as follows:
Commencing at the NW corner of the Westerly Park as dedicated in the plat
of Northwoods Addition Plat 2; thence on an assumed bearing of S. along
the W. line fo said Park 100' to the point of beginning of the center
line to be herein described; thence N. 430 30 minutes 00 seconds W. 65'
and there terminating.) for the following reasons: 1) It is in conformance
with Ordinance 8, Section 4.08. 2) It has been reviewed and approved by
the City Engineer. 3) A public hearing was held and there was no public
opposition
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Planning and Zoning Commission Meeting
Minutes - August 23, 1977
Page 2
Amendment by Commissioner Elling, seconded by Commissioner Bosell, to
add: 4) The vacation would be subject to the utility easement shown
on the drawing of August 23, 1977.
Vote on amendment: yes - Commissioner Bosell, Commissioner Elling,
Chairman Retzlaff; present - Commissioner Kishel. Amendment carried.
Vote on motion: yes - Chairman Retzlaff, Commissioner Elling, Commissioner
Bosell; present - Commissioner Kishel. Motion carried.
This will be on the City Council Agenda on September 20, 1977.
Richard Hoggatt Variance (Comm. #8-77-3)
Mr. Thomas Ohlenkamp, of Thomas Properties Real Estate, was present to
explain the request. They were recently granted a variance to split
the property of Mr. Hoggatt (East of Eidelweiss Street) into 3 lots.
Now they are asking that 30.78' be taken from lot 3 and attached to
lot 2. The County Engineer had written a statement on August 5, 1977
saying, "For unplatted property, the right-of-way shown for CSAH ff16,
Bunker Lake Blvd., is acceptable. Setbacks should be maintained, as a
minimum, as prescribed by the City of Andover."
Discussed: how to divide the property; whether 4 parcels would then be
created - one having a width of 30.78'; the correct legal description -
whether 30.78' could be added or excepted from a legal description since
the property is metes and bounds described.
Motion by Commissioner Elling, seconded by Commissioner Kishel, that the
Planning and Zoning Commission recommend to the Andover City Council
approval of the Richard Hoggatt Variance (legal description of property
attached) for the following reasons: 1) A financial hardship would be
created by not doing so, under Section 14.02 of Ordinance 10. 2) Basing
part of the motion on the letter dated 7-29-77 from the law firm of
Murnane, Murnane, Conlin & White. 3) Attorney Hawkins' opinion and
recommendation given in the above letter. 4) It would not create any
unbuildable lots or be detrimental to the remaining property. 5) The
City Engineer had reviewed it and was satisfied as far as sewer stubs.
6) The drawings have been approved by the County Hig way Engineer per
attached sketch. Motion carried unanimously.
This will be on the City Council Agenda on September 20, 1977.
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Planning and Zoning Commission Meeting
Minutes - August 23, 1977
Page 3
Melvin Roth Special Use Permit Public Hearing (Comm. #8-77-5)
Ron Roth and his Engineer, Jerry Sunde, were present to explain their
proposal to open an area in the landfill for mining of sand to use as
daily cover on the landfill. Mr. Roth and Mr. Rex Stockwell, City
Engineer, have reviewed the site. There would be 12' between the finished
grade and the water table. After the mining is done, they would replace
the top soil and reseed the area. They said they were trying to bring
the landfill into conformance with P. C. A. regulations. They were
asked that if it was true the landfill is higher now than the original
contract stated, what was the purpose in granting the Special Use Permit
for sand to cover still higher. Mr. Sunde explained that the original
plans were amended and are in the process of being revised and also,
with different sloping it isn't over capacity.
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Walter Vosica, 1414 Bunker Lake Boulevard (adjoining property owner),
expressed concern about: 1) Mr. Roth having a contract for deed for the
property from Mrs. Sorenson - the fee owner - therefore he isn't the
owner of the property. 2) The debris - plastic bags, etc., that blows
into his alfalfa field. He spends a lot of time picking up garbage and
even then the alfalfa bales are unsalable because of the foreign materials
from the landfill contained in them. 3) Black smoke from the equipment
used in the landfill is going into his low land and he feels it is doing
damage to the animals there and the vegetation. 4) The landfill waits
for a number of trucks to dump before grading and covering, thus, particularly
on a windy day, the debris blows away.
Mr. Roth explained they are trying to do the terminal cover so they will
be moving further away from Mr. Vosica's property. The landfill will
not expand beyond the original agreement. The borrow pit area is open
with some trees on the southwest corner. Discussed the water testing
regularly being performed at the various landfill wells. Bob Hutchison,
of Anoka County Comprehensive Environmental Services, stated that the
general direction of the water is away from the homes, it goes towards
Coon Creek.
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Mr. Roth was asked why the landfill near Red Oaks 4th Addition has not
had final cover as no work has been done for a long time in that area
and he said they need additional cover. Mr. Hutchison said that last
year the landfill exceeded the elevations in the original plans; the
greatest fill is 9' over and if they add the 2' of cover, as proposed,
it would be 11' over the original plans. Most of the cover is 3' over
the plans that were in the contract between the City of Andover and
Mr. Roth. Mr. Sunde explained the different sloping and grading they
will be doing. Mr. Stockwell said they are taking the cover materials
from a site that is already low; and they appear to be using the best
possible site of the 120 acres for the borrow pit.
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Planning and Zoning Commission Meeting
Minutes - August 23, 1977
Page 4
Mr. Roth said the fill from this site will last from 1~ to 3 years.
Mr. Roth stated that they are trying to get approval from the City
to get the top soil taken from the ponding area in Red Oaks Addition;
then they will start the terminal cover.
Motion by Commissioner Elling, seconded by Commissioner Kishel, to
close the public hearing. Motion carried unanimously.
Motion by Commissioner Kishel, seconded by Commissioner Elling, that
the Planning and Zoning Commission recommend to the City Council the
Special Use Permit be granted in as much as: 1) the proposed plan
conforms to Ordinance 8 - Section 4.24. 2) The applicant has submitted
a contour plan showing the elevations to which the proposed excavation
will be limited to, together with the area showing the site. 3) No
public opposition, other than Mr. Vosica and it didn't appear that he
was in objection to the actual mining of the borrow pit, but to the
operation of the landfill. 4) The City Engineer was present and recommended
that the proposed site was feasible. 5) Mr. Hutchison, from the County,
was present and made no objectionable comments on the mining.
Amendment by Commissioner Kishel, seconded by Commissioner Elling,
that the Special Use Permit would be subject to the following conditions:
1) The finished contours be in accordance with the attached drawings.
2) Top soil acceptable to the City or City Engineer be provided after
finished contours are established. 3) The area disturbed be seeded
according to City Standards. 4) The entire excavation be done under
direction of the City Engineer. 5) The fill be limited to use in the
landfill.
Amendment and motion carried unanimously. The Special Use Permit will
be on the City Council Agenda on September 20, 1977.
Marie Burley Variance Request (Comm. #8-77-4)
Marie Burley is requesting the variance to sell less than 5 acres on
Crosstown Boulevard in the NE~ of Section 12 (Tract B). Tract A, Parcel
1810 has a dwelling on it that was moved in several years ago and Tract
C is across the road; thus making it difficult to combine parcels. The
Commission discussed topographical hardship, financial hardship, Ordinance
8B Section 4.04 and Ordinance 10 Section 14.02 and 17.01.
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Planning and Zoning Commission Meeting
Minutes - August 23, 1977
Page 5
Motion by Commissioner Elling, seconded by Commissioner Kishel, that the
Planning and Zoning Commission recommend to the Andover City Council
approval of the Marie Burley Variance on Parcel 1830 (Legal Description -
That part of the SE\ of the NE\ of Section 12, Township 32, Range 24
in Anoka County, MN described as follows: Beginning at the NW corner
of said SE\ of the NE\; thence S. 460 35 minutes 14 seconds East a
distance of 557.62' to the center line of County State Aid Highway No.
18 as it is now laid out and travelled; thence Southwesterly at right
angles and along said center line to a point on the W. line of said SE\
of the NE\ distant 813.52' S. of the NW corner thereof; thence North
00 08 minutes 33 seconds East (assumed bearing) on the W. line of said
SE\ of the NE\ to the point of beginning. Subject to an easement for
road purposes over the Southeasterly 33' thereof.) for the following
reasons: 1) Ordinance 10 Section 14.02. 2) There was no public opposition.
3) It would not be detrimental to the area. 4) An existing home was
moved in in 1971 on a parcel of similar size adjacent to parcel 1830.
Motion carried unanimously. The Variance Request will be on the City
Council Agenda on September 20, 1977.
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Lot Split Ordinance Amendment (Comm. #8-77-6)
Engineer Stockwell mentioned that in reading the City Council Minutes
of August 16, 1977, that were in his folder for this meeting, he noticed
that the City Council had directed the Planning and Zoning Commission
to take action to amend Ordinance #40 at the August 23rd meeting.
Commissioner Bosell explained what had taken place at the City Council
Meeting. The Commission members and Engineer Stockwell discussed whether
to amend ordinance 10 or ordinance 40. Discussed what the City Council
had changed and why. It was agreed to hold a public hearing for the
amendment of Ordinance 40 on September 13, 1977.
Park Liaison
Don Jacobson resigned as Planning and Zoning Commission Chairman and
Larry Retzlaff was appointed to fill that position. Since Mr. Retzlaff
was the park liaison the Commission discussed appointing someone else.
All agreed that John Johanson fill the job of park liaison.
Revised Zoning Ordinance Discussion (Comm. #6-77-6)
The Commission set Tuesday, August 30, 1977 at 7:30 P.M. as the time
for a special meeting to review the new zoning ordinance.
Ad;ournment
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Motion by Commissioner Elling, seconded by Commissioner Bosell, to adjourn.
Motion carried unanimously. Meeting adjourned at 11:00 P.M.
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That part of the SE~ of the NW~ or Section 33, Township 32,
Range 24 in Anoka County, Minnesota, described as follows: Commencing at the Southwest
corner of said SE~ of the NW~; thence East (assumed bearing) on the South line of
said SE~ of the NW~ a distance of 901.16 feet; thence North 1008'24" East a distance
of 50.0l feet to the point of beginning of the land to be described; thence deflect
left in a Northwesterly direction on a curve having a radius of 170 feet a distance
ofol09.78 feet; thence North 3505l'36" West a distance of 51 feet; thence North .
69 49'38" East a distance of 394 feet, more or less, to the center line of Coon Creekl
thence Southeasterly on said center line to its intersection with the East line of
said SE~ of the NW~; thence Southerly along said East line a distance of 185 feet,
more or less, to a point 50 feet North of the Southeast corner of said SE~ of the
~; thence West and parallel to the South line of said SE~ of the NW~ a distance of
4l5.94 feet to the point of beginning. Except the Northerly 30.78 feet hereof, which
has been deeded to the property owner abutting to the North of this parce 1 / ! 1977.
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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 Southwest
corner of said SE~ of the NW~; thence East (assumed bearing) on the South line of
said SE~ of the NW~ a distance of 901.16 feet; thence North 1008'24" East a distance
of 50.0l feet to the point of beginning of the land to be described; tbence deflect
left in a Northwesterly direction on a curve having a radius of l70 feet a distance
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ofol09.78 feet; thence North 35 5l'36" West a distance of 5l feet; thence North i
69 49'38" East a distance of 394 feet, more or less, to the center line of Coon Creekj
thence Southeasterly on said center line to its intersection with the East line of
said S~ of the NW~; thence Southerly along said East line a distance of l85 feet,
more or less, to a point 50 feet North of the Southeast corner of said SE~ of the
~; thence West and parallel to the South line of said SE~ of the NW~ a distance of I
0415.94 feet to the point of beginning. Except the Northerly 30.78 feet hereof, which has
been attached to and made a part of the parcel abutting to the North of this parcel, by
the action of the City Council of AnC:')ver, Anoka County, 9/ /77. '
GElAtD T. ~YNE U
)00 eRUNSWICr: AVE. S.
GOLDEN VALLEY. MINN.
MINN, REG. NO, 4741
L~) SURVEYS COSV1PAN{J
LAND SURVEYORS
lJYt.lOND A. PUSCH
69/7 IDAHO AVE. N,
BROOKLYN PARK. MINN,
MINN. REG, NO, 6741
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~EC/Bn:llr:D IIKDE. LAWlor ITATII or MDnlElOTA
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5747 W. S,ooe!w., 5]),9922
Minn..poli.. Minno."t. 5542.
INDUSTRIAL - JUDICIAL
COI.f....ERC'AL - TOPOGRAPHICAL
CITY LOTS - PLATTING
0urnrynrs t!trrtiOcutt
De~cript1on for Utility Eoscnent
UNOICl NO.
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SCALI I- 1:1
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A 3t,rip of 1"111d ;0 feet wide the cellt e~ J ine of...'h:ch is
de',crited as folloNs: Co:nmf:'l~cj::f at t.he Nor:'~I'''''(>2t eorlle:-
of the .1e.3terly Park as d"!dicated iI, t.he plCit of !~JFTH'../O~JDS
AJDrTIJ!~ PLAT 2; thence 011 all o,.;su:ned re.:lriIi[ of .3outh along
the dest lice of ~ai~ Park 100.0J fCRt to the point of
ll'ti:ll.ini~ of the center line to Le herein desc~ited; thl:"'J.(;e
horth 43 decrees 30 mil,u~es J.j spcor,'is \'e~~ t:'5.J~i f(~et ct:.G
tl1f'r.c ter:n':Iiatinc.
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tho loc.tion of on buildin9' .ne! vi,;bl. .ncr<>4chmonta. if ..y.
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That part of the S~ of the NW~ of Section 33, Township 32, Range 24 in Anoka County,
Minnesota, described as follows: Commencing at the Southwest corner of said SE~ of
the ~; thence East (assumed bearing) on the South line of said SE~ of the ~ a
distance of 901.16 feet; thence North 1008'24" East a distance of 50.01 feet; thence I
deflect left in a Northwesterly direction on a curve having a radius of l70 feet a I
distance of 109.78 feet; thence North 35051'36" West a distance of 5A feet to the !
point of beginning of land to be described; thence continue North 35 5l '36" West
on same described line a distance of 43.l3 feet; thence deflect right in a Northwesterl
direction on a curve having a radius of 756.20 feet and a central angle of 7041'14" ,
a distance of 96.09 feet; thence North 69 49'38" East a distance of 350 feet, more I
or less, to the center line of Coon Creek; thence Southeasterly on said center line
tooa ~in~ which bears North 69049'38" East from the point of beginning; thence South !
69 49 38 West a distance of 394 feet, more or less, to the point of beginning. Plus
the Northerly 30.78 feet of the parcel abutting to the South of this parcel, which
has been deeded to the property owner herein. 91 177.
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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 Southwest corner of said SE~ of
the ~; thence East (assumed bearing) on the South line of said S~ of the ~ a I
distance of 901.l6 feet; thence North l008'24" East a distance of 50.01 feet; thence I
deflect left in a Northwesterly direction on a curve having a radius of 170 feet a I
distance of l09.78 feet; thence North 3505l'36" West a distance of 5l feet to the !
point of beginning of land to be described; thence continue North 3505l' 36" West
on same described line a distance of 43.l3 feet; thence deflect right in a Northwesterl
direction on a curve having a radius of 7l6.20 feet and a central angle of 704l'l4" :
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a distance of 96.09 feet; thence North 69 49'38" East a distance of 350 feet, more
or less, to the center line of Coon Creek; thence Southeasterly on said center line
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to a line which bears North 69 49'38" East from the point of beginning; thence South '
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69 49' 38" West a distance of 394 feet, more or less, to the point of beginning. Plus
the Northerly 30.78 feet of the parcel abutting to the South of this parcel, which has
been attached to and made a part of this parcel, by the action of the City Council of
Andover, Anoka County 9/ /77.
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