HomeMy WebLinkAboutNovember 22, 1977
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CITY 01 ANDOVER
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PLANNING AND ZONING COMMISSION
Regular Meeting - November 22, 1977
AGENDA
Minutes Approval
1. Comm. #10-77-3 United Power Association Special Use Permit Continued
2. Comm. #7-77-4 Cunningham Addition Preliminary Plat Public
Hearing Continued
3. Comm. #10-77-2 Joe Chutich Rezoning Continued Public Hearing
4. Comm. #11-77-4 Streich Lot Split Request
5. Comm. #11-77-5 Gilbert Menkveld Variance Request
6. Cornm. #6-77-6 Revised Zoning Ordinance Discussion
7. Comm. #11-77-6 Proposed Definition Ordinance
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For publication on November 18, 1977
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(fry 01 ANDO VER
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REGULAR PLANNING AND ZONING COMMISSION MEETING
November 22, 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 November
22, 1977 at the Andover Community Center, 1685 Crosstown Boulevard
NW, Anoka, Minnesota 55303.
Commissioners Present: d'Arcy Bosell, Jim Elling, John Johanson,
Ralph Kishel
Because of a job transfer, Walter Bruns resigned from the Commission
effective November 23, 1977
Also Present: Rex Stockwell - City Engineer, and others
Minutes
Motion by Commissioner Bosell, seconded by Commissioner Johanson, to
<==> approve the November 8, 1977 Minutes. Motion carried unanimously.
United Power Association Special Use Permit Continued (Comm. #10-77-3)
J. Patrick Cairns, United Power Association, and Al Schrupp, Anoka
Electric Cooperative, were present for the Special Use Permit.
Mr. Cairns said they had found 2 alternative sites since their original
proposal. One is near County Road 9, on the transmission line, about
3/4 mile West of their original site. They have been unable to contact
the owner of this property however. The other site, also owned by Russell
Johnson, is just East of the triangle first talked about on Verdin
Street in the SW corner of Section 3. The site would be slightly
over 2 acres. It is back 600 feet East of Verdin Street on the dirt
road where the evergreens are heavier with a clearing to put the substation
and is near the transmission lines. Mr. Cairns has met with Gaylord
George, one of the concerned adjacent property owners, and he was agreeable
to this site as his major concern was to have the substation back from
the road. All 3 sites would have good access for UPA's use and for
AEC's use and they are prepared to construct the substation on any
one of the 3.
Motion by Chairman Retzlaff, seconded by Commissioner Elling, to reopen
the public hearing. Motion carried unanimously.
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Sharon Robinson, 17115 Verdin Street, asked, "If you move it back, do
you feel you can get back on that dirt road?"
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Planning and Zoning Commission Meeting
Minutes - November 22, 1977
Page 2
Mr. Cairns replied that they will have to do a certain amount of grading
because it is not an all-purpose road. It is a concern, but if they
cannot get a substation at another location, it is a risk they will
have to accept.
Kathy Isle, 17139 Verdin, said that she would have no objection to
this site which is further away from Verdin Street.
Motion by Commissioner Bosell, seconded by Commissioner Kishel, to
close the public hearing. Motion carried unanimously.
Al Schrupp, "I would like to make one statement for the record. There
is an economic advantage to Anoka Electric to the site on County Road
9. If we put the substation in either of the other sites, we have
to put in a minimum of 2 circuits coming to the West for one mile at
a cost in the tens of thousands of dollars. To UPA it doesn't make
too much difference. It is the same cost to them. Of the 3 sites,
the one furthest East would be the most expensive to AEC. On County
Road 9 the 69 circuit is already there and is adequate for the substation.
There is an investment cost for the future at this time." He asked
if this Special Use Permit could be approved and then they could come
in with another Special Use Permit for the site on County Road 9 and
withdraw the first Permit.
The Commission and those present discussed the procedure involved with
Special Use Permits, the public hearings, notification of property owners,
dropping or withdrawing the first Special Use Permit after it is approved,
etc.
Motion by Commissioner Elling, seconded by Commissioner Johanson, that
we continue this until the second site is investigated by UPA and AEC.
UPA and AEC should decide on what they want for a site, bring in that
Special Use Permit and then we will have the public hearing and make
a motion on it.
Mr. Cairns said, "Rather than have a postponement, we will withdraw
the possibility of coming in with a Special Use Permit for the Western
site. Motion and second withdrawn.
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Planning and Zoning Commission Meeting
Minutes - November 22, 1977
Page 3
Motion by Commissioner Bosell, seconded by Commissioner Kishel, that
the Planning and Zoning Commission recommend to the City Council granting
of the Special Use Permit in compliance with Ordinance 8, Section 5.03,
of United Power Association (On the property described as: Beginning
at the SW corner of Section 3; thence in a Easterly direction along the
South line of Section 3 a distance of 600' to the actual point of beginning;
thence in a Northerly direction a distance of 300'; thence in a Easterly
direction a distance of 300'; thence in a Southerly direction a distance
of 300'; thence in a Westerly direction a distance of 300' to the actual
point of beginning) to construct an electric distribution substation
after having made the following considerations: A. It is not detrimental
to the health, safety, morals and general welfare of the Community.
B. The adjoining property owners are in favor of this site. C. It
would be compatible with the Comprehensive Plan. D. A public hearing
was held and considered.
Motion carried unanimously. This will be on the City Council agenda
on December 20, 1977.
Cunningham Addition Preliminary Plat Cont'd Public Hearing (Comm. #7-77-4)
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'-/ James Hane, the developer, has submitted new revised plats and Rex
Stockwell, City Engineer, has submitted another letter (copy attached),
dated 11-18-77, giving additional comments on the plat.
Mr. Stockwell discussed the ditch easement. The revised plat shows
a 35' easement which was verbally recommended by the Coon Creek Watershed
Board. Also mentioned was Ordinance 10 - Section 9.01 B which requires
that all the owner's contiguous land be included in the plat. The
entire 7 acres must be shown on this plat.
Mr. Hane said the assessments are high for sewer, streets and storm
sewer and it is posing a hardship on Dr. Cunningham. The sewer stubs
are in and it would be very feasible to go ahead with these front lots
now. There is some work to be done in the back (the "future development"
area on the plat) and it's now getting too cold to do that type of work.
The 7 lots shown on the plat are buildable and salable as they are.
Mr. Stockwell said that including the back land in this preliminary
plat would require additional time, soil borings and surveying. Mr.
Hane stated that the Coon Creek Watershed Board met at the proposed
Cunningham Addition on November 17, 1977 and it was verbally approved
by all but Loren Hentges to allow a 35' ditch easement.
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Planning and Zoning Commission Meeting
Minutes - November 22, 1977
Page 4
Discussed: past history of exceptions; preliminary plats and then
only a portion of the land in the final plat; platting of contiguous
land; Ordinance 8 Section 3.02 WW and AAA in relation to Lot 1, Block
2 and Lot 4, Block 1; Ordinance 10 Sections 9.05 C and 9.06 C; the
construction of l40th Circle.
Motion by Commissioner Kishel, seconded by Commissioner Elling, to
close the public hearing on the Cunningham Addition Preliminary Plat.
Motion carried unanimously.
Motion by Commissioner Elling that the Planning and Zoning Commission
continue this (the Cunningham Preliminary Plat) until it conforms to
the ordinance. No second - motion dies.
Motion by Commissioner Bosell to recommend to the City Council denial
of the Cunningham Preliminary Plat as it does not conform with Ordinance
10, Section 9.01 - platting of all contiguous land. No second - motion
dies.
Motion by Commissioner Kishel, seconded by Commissioner Johanson,
that the Planning and Zoning Commission recommend to the City Council
acceptance of the Preliminary Plat of Cunningham Addition in that it
complies with all the Ordinances except 10 Section 9.01 referring
to the requirement of all contiguous land be platted. the fact that
the land is shown on the Preliminary Plat has served notice to the
City Council and the Planning and Zoning Commission that the land is
owned by Dr. Cunningham. It does not contribute to the detriment of
the health, welfare and morals of the City and this matter has been
before the City Council previously and it puts an undue burden on the
land owner by delaying it further. Reference: 1. Coon Creek Watershed's
letter of approval for a 35' ditch easement on Lot 1, Block 1. 2.
T.K.D.A.'s, City Engineer, letter of review and recommendation. 3.
Public Hearing was held and there was no public opposition.
Discussed: future development area, making it an exception, contiguous
land.
Vote on motion: yes - Commissioner Johanson, Commissioner Kishel; no _
Chairman Retzlaff, Commissioner Bosell, Commissioner Elling. Motion
defeated.
Motion by Commissioner Bosell, seconded by Chairman Retzlaff, to reintroduce
her original motion to recommend denial. Vote on motion: yes - Commissioner
Bosell, Chairman Retzlaff; no - Commissioner Elling, Commissioner
Johanson, Commissioner Kishel. Motion defeated.
Discussed: contiguous land and other plats; ordinance technicalities
and when they can be overlooked; legal description on a plat of an
exception.
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Planning and Zoning Commission Meeting
Minutes - November 22, 1977
Page 5
Mr. Hane said that he would like to have this go to the City Council
so they could sell lots and start building houses and then in the
Spring he would be coming in with a plat for the rest of the 7 acres.
Motion by Commissioner Kishel, seconded by Commissioner Johanson,
to remake his original motion and add the following: the land shown
as "future development" be considered as an exception to the plat.
Vote on motion: yes - Chairman Retzlaff, Commissioner Kishel, Commissioner
Johanson; no - Commissioner Elling, Commissioner Bosell. Motion carried.
This will be on the City Council Agenda on December 20, 1977.
Joe Chutich Rezoning Continued Public Hearing (Comm. #10-77-2)
Chairman Retzlaff advised Mr. Chutich of some of the Ordinance problems
with the sketch he had submitted showing a drug store, hardware store,
market and small shops for the NW corner of the Round Lake Boulevard
and Bunker Lake Boulevard intersection. Total building square footage
is 44,420, total lot square footage is 111,725, acreage is 2.56 and
the parking area is 33,405 square feet.
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~'-) Problem areas in Ordinance 8, Section 6.02 under NB designation:
1. land coverage by structure - 30%;
2. landscaped area - 25% ~ 83,793 square feet;
3. parking space requirement - 44,420 square feet could require
296 parking spaces;
4. side yard setbacks of 30';
5. setback along major street, along County Roads 116 & 9, should
be 50'; and
6. screening along the residential area.
Mr. Chutich stated that the building will have to be reduced in size.
He was not aware of all those requirements. He thinks sewer and water
will be coming soon so the septic system wouldn't be a problem. The
immediate plans are for the drug store and hardware store. The grocery
store would not come until sewer and water is in.
Stanley Dedin, 13836 Round Lake Boulevard, stated, "I would like to voice
my opposition to the proposed rezoning requested by Mr. Chutich. I believe
commercial development of this type is best preceeded by the development
of City services to include sewer, water, fire, street and police services.
Aside from this general objection, I find several specific objections
to Mr. Chutich's plan for the proposed retail center.
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Planning and Zoning Commission Meeting
Minutes - November 22, 1977
Page 6
First, the proposed parking area seems unlikely to accommodate many
more than 24 automobiles, especially if adequate fire lanes are observed.
Such a small number of parking spaces would lead to parking in the residential
areas, an objectional feature.
Second, there is no provision for fire lane access to the North walls
of the market and "small shops", and the majority of the East wall of
the hardware facility is similarly unprotected.
Third, there are 2 vehicle entrances to Underclift Street, one to the
parking lot and one to the service drive. This will encourage patrons
and service vehicles to use an unsurfaced, only intermittently graded
and non all-weather road, Underclift Street. I feel this will result
in a drastic degradation in the quality of the road surface. The
probable increase in the quantity and the anticipated change in the
quality of local traffic is also objectionable. As a resident of the
area, I feel we already have only marginal streets. The increased
traffic will only exacerbate these conditions.
Fourth, with no City sewer and no open space left on the property,
,~ the question of an adequate drainage field for the septic system must
~ be answered. Since local residents must rely on individual wells,
is the nature of the soil in the area such that pollution of these
relatively shallow wells can be avoided?
Fifth, I opject totally to the change in character of the neighborhood
the proposed shopping center will bring. While I recognize the need
for progress, I feel the residential aspects of the area should be
emphasized, not the commercial aspects."
This statement was signed by Mr. and Mrs. Stanley Dedin and 21 other
property owners in the area.
Motion by Commissioner Kishel, seconded by Commissioner Bosell, to
continue the public hearing to give the developer time to comply with
the Ordinances.
Vote on motion: yes - Commissioner Kishel, Chairman Retzlaff, Commissioner
Johanson, Commissioner Bosell; no - Commissioner Elling. Motion carried.
This will be on the Planning and Zoning agenda~perhaps sometime in
January .
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Planning and Zoning Commission Meeting
Minutes - November 22, 1977
Page 7
Roger Streich Lot Split Request (Comm. #11-77-4)
Mr. Streich said that he wishes to split the 10 acre parcel known
as Lot 13 Watt's Garden Acres, zoned GB, into 2 5-acre parcels.
There are no buildings on the property which fronts on Jay Street and
Hanson Boulevard.
Clarence Wirkus, 13435 Jay Street, stated he owns Lot 12 and would like
to know the future intent of this lot split and if it is going to be
2 more junk yards or what will the land be used for?
Chairman Retzlaff said that the Planning and Zoning Commission can't
ask what he is going to do with the land and explained the processes
for getting Special Use Permits if applicable. Commissioner Kishel
explained the problems that may be involved with splitting, recording,
etc., this torrens property.
Motion by Commissioner Elling, seconded by Commissioner Johanson, that
the Planning and Zoning Commission recommend approval of this Roger
Streich Lot Split under Ordinances 40 and 40A because there was no
public opposition to it and it meets those requirements of Ordinances
40 and 40A.
Vote on motion: yes - Chairman Retzlaff, Commissioner Kishel, Commissioner
Johanson, Commissioner Elling; no - Commissioner Bosell. Motion carried.
This will be on the City Council Agenda on December 20, 1977.
Gilbert Menkveld Variance Request (Comm. #11-77-5)
Jerry Green, of Green Realty, was present for Mr. Menkveld. He has
2 lots (one on Bunker - parcel#2l20 and one on l38th Avenue - parcel
iF2l90) zoned M-2 that have City sewer stubs in place and they wish to
build a 4-plex on each parcel. The lots immediately to the West have
4-plexes on them. They are requesting the variance for 2 reasons:
1 - the lot width of 146' is 4'short of the minimum Ordinance requirement
and 2 - Ordinance 8 calls for sewer "and water" for the M-2 area.
Parcel 2120 was created November 3, 1965 and Parcel 2190 was created
December 12, 1968. The Planning and Zoning Commission questioned the
need for a variance as they were lots of record prior to the zoning
ordinance.
Discussed: 1) asking the Attorney for an interpretation; 2) Ordinance
8 Sections 4.03 A, 4.04 A, 5.04 and 7.01.
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Planning and Zoning Commission Meeting
Minutes - November 22, 1977
Page 8
Motion by Commissioner Johanson, seconded by Commissioner Kishel, that
the Planning and Zoning Commission recommend to the City Council approval
of the Gilbert A. Menkveld Variance request under Ordinance 8 - Section
6.02 - existing frontage is now 146' so the variance would be for 4';
also, the Variance under Ordinance 8 Section 7.01. is the ruling of
City water. Since there is no City water in the City right now, that
the variance be granted. Also, it is not detrimental to the health,
welfare and safety of the neighborhood and there is no public opposition
from the property owners next to him.
Motion carried unanimously. Chairman Retzlaff will ask the City Attorney
for an opinion as to whether the entire Variance is needed. This will
be on the City Council agenda on December 20, 1977.
3rd Annual Planning and Zoning Institute
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Chairman Retzlaff advised the Commissioners of the meetings to be held
December 15th and 16th at the Registry Hotel in BlOomington. The City
Council has allowed $180 and mileage for 2 cars for Planning and Zoning
attendance at the workshops. The Commissioners will notify Chairman
Retzlaff if they wish to go and which workshops they would like to
attend.
Proposed Definition Ordinance (Comm. #11-77-6)
Discussed adding the follOWing definition under 1.152 of the ordinance:
Vehicle: any wheeled conveyance whether motor powered, animal drawn
or self propelled. The term shall include any trailer in tow of any
size, kind or description and all snowmobiles.
It was suggested that the Department of Transportation be contacted
to get their definition of ''Vehicle''.
Revised Zoning Ordinance Discussion (Comm. #6-77-6)
Chairman Retzlaff will see that the City Attorney gets copies of the
Definition Ordinance and the proposed revised Zoning Ordinance and ask
him for comments and opinions.
Subcommittee for Ordinance Revision
Commissioner Kishel volunteered to take Commissioner Bruns' place on
the Subcommittee. Their next meeting is December 1st.
Ad;ournment
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Motion by Commissioner Johanson, seconded by Chairman Retzlaff, to
adjourn. Motion carried unanimously. Meeting adjourned at 10:50 P.M.
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Deloris J. Ha~~bri
Commission Cletk
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TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIATES INCORPORATED
ENGINEERS AND ARCHITECTS
1408 PIONEER BUILDING
SAINT PAUL, MINNESOTA
55101 224-7891
November 18, 1977
Planning and Zoning Commission
Andover, Minnesota
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Re:
Cunningham Acres
Preliminary Plat
Commission No. 6223-77
Commission Members:
We have reviewed the preliminary plat for Cunningham
Acres as revised on November I, 1977 and presented to
the Planning and Zoning Comrnission on November 8, 1977. The revised
plat conforms to the engineering and design standards of the City with the
exception of two items:
1. Approval of the preliminary plat by the Coon Creek Watershed Board
has not been received. The proposed ditch easement of 25 feet must
be addressed by the Board.
2. Ordinance 10, Section 9. Ol-b requires that all of the ownerTs con-
tiguous land be included in the preliminary plat. Commissioner
Bruns remarked on this item at the November 8, 1977 meeting.
This requirement means the area shown as future development must
be platted at this time. The developer could then file a final plat
for only a portion of the preliminary plat.
We will discuss this letter with the Commission at the November 22, 1977
meeting.
Very truly yours,
TOLTZ, KING, DUVALL, ANDERSON
AND ASSOCIATES, INCORPORATED
Rex ~1
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