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HomeMy WebLinkAboutJune 22, 1976 f \ , ) , \ \ (;frV of AfMDOVEit~ \ / PLANNING AND ZONING COMMISSION REGULAR MEETING - June 22, 1976 AGENDA Approval of Minutes 1. Comm. #6-76-3 Ronald I. Rydh Variance 2. Comm. #6-76-4 Jerry Putnam Sketch Plan 3. Comm. #6-76-5 Neal Denny Sketch Plan 4. Comm. 115-76-5 Interim Moratorium Ordinance 5. Comm. #4-76-10 Pankonin Addition 6. Comm. 116-76-6 Country Estates Sketch Plan Publish on June 18, 1976 7. Comm. #6-76-7 James Lund Sketch Plan \ ,_/ / I '\ \ _/ \ ) \ / \ / ~) CITY 01 ANDOVER \ .-/ REGULAR PLANNING AND ZONING COMMISSION MEETING / June 22, 1976 MINUTES The Regular Meeting of the Andover Planning and Zoning Commission was called to order at 7:30 P.M. by Chairman Ken Orttel on June 22, 1976, at the Andover Community Center, 1685 Crosstown Boulevard NW, Anoka, Minnesota 55303. Commissioners Present: Dave Jack, Don Jacobson, Art Jaworski, Ralph Kishe1, Ted Lachinski, and Larry Retzlaff Also Present: Mayor Richard Schneider and others Minutes June 8, 1976 Minutes - Correction: James Larson Sketch Plan - page 2 delete "existing 33' right-of-way and 66' more is needed" and insert "there is sufficient right-of-way". '. Motion by Commissioner Lachinski, seconded by Commissioner Jack, to approve the Minutes of June 8 with the one correction. Motion carried unanimously. Ronald I. Rydh Variance (Comm. #6-76-3) Mrs. Rydh wants to give 2~ acres of her ten acres to her son on which to build a home. Because of the time problem involved with the soon to be adopted Moratorium Ordinance and also the costs involved with platting, they applied for a Variance to split the property. Chairman Ortte1 advised the Commission to refer to the Attorney's letter on this Variance (copy attached) and to Ordinance 10 - Section 7.01. Items discussed: land is high and dry, considering this as a sketch plan, need for boundary survey and topo materials, financial hardship, and the Ordinance requirement of platting to split property. The Commission suggested the Rydh's plat the property or look into the feasibility of splitting into 2 5-acre metes and bounds lots. : Motion by Commissioner Jacobson, seconded by Commissioner Jaworski, that the Variance request be denied based on Section 7.01 of Ordinance 10 and Section 17.01 of Ordinance 10 being that a hardship is not shown on the land. Amendment by Commissioner Lachinski, that the City Council review 14.02 - hardship for financial reasons and consider what has been done in the recent past in terms of 14.02 which we are not completely familiar with. No second. Discussion on financial hardship. Amendment by Commissioner Jacobson, seconded by Commissioner Jaworski, to refer to the letter dated June 16, 1976 from the City Attorney. Vote on () :) '~-) ~-) \ '- ) Planning and Zoning Commission Meeting Minutes - June 22, 1976 Page 2 amendment: yes - Commissioner Jacobson, Commissioner Jack, Commissioner Jaworski, Commissioner Kishel, Commissioner Retzlaff, Chairman Orttel; no - Commissioner Lachinski "because of 14.02 - Mr. Rydh indicated a financial hardship". Amendment carried. Vote on motion: yes - Chairman Orttel, Commissioner Retzlaff, Commissioner Kishel, Commissioner Jaworski, Commissioner Jack, Commissioner Jacobson; no - Commissioner Lachinski, "because of 14.02 - Mr. Rydh indicated a financial hardship". Motion carried. This will be on the City Council agenda on July 20. Jerry Putnam Sketch Plan (Comm. #6-76-4) Mr. Putnam presented his plan for creating 2 2~-acre parcels in a portion of existing Parcel 8400, Plat 65915, now 26 acres. The Commission, Mr. and Mrs. Putnam, and Mrs. Santerre discussed: driveways, streets, cul-de-sacs, connecting the North and South drives and creating a horseshoe street, possibly creating more lots to have a more orderly layout for Parcel 8400, building setbacks and easements along Nightingale - a County Road. The Commission Mr. Putnam of the metes and bounds lot requirement possibility and the proposed Moratorium. ~J Neal Denny Sketch Plan (Comm. #6-76-5) Mr. Denny presented a plan to divide his 4.9 acre triangular shaped parcel on Crosstown Boulevard into two lots. He has 1345' on County Road 18 which would take 75' of County road easement or over 2 acres of his land. Explained to Mr. Denny that the road easement has to be given if he plats. Mr. Denny was told that he cannot plat at this time. Pankonin Addition Preliminary Plat (Comm. #4-76-10) This item was referred back to the Planning and Zoning Commission from the City Council meeting of June 15 for further work. Mr. Hoium and Mr. and Mrs. Pankonin were present. Mr. Hoium showed the Commission the proposed road easement for future service road. Refer letter from T.K.D.A. dated June 18, 1976. There should be 75' of County easement and 40' of right-of-way, therefore lIS' will be dedicated for the future service road. The future road will be dedicated now but not constructed. It would be the owner's expense in the future for the assessments and construction. '\ '- / Motion by Commissioner Jack, seconded by Commissioner Retzlaff, to recommend approval by the City Council of the Pankonin Addition Preliminary Plat revisions on the future service road, referring to the original recommendation from the Planning and Zoning Commission dated June 7, 1976, the letter from the City Engineer dated June 18, 1976, and also the City Council Minutes of June 15, 1976. Motion carried unanimously. ~ , \ ) \ ) ~-~ \ ,~ Planning and Zoning Commission Meeting Minutes - June 22, 1976 Page 3 Interim Moratorium Ordinance (Comm. #5-76-5) Chairman Orttel reopened the Public Hearing. Discussed the letter from City Attorney Hawkins dated June 16, 1976. Chairman Orttel asked for comment from the audience: Glenn Shaw - Programmed Land, Inc., stated that they would object to the moratorium. Motion by Commissioner Kishel, seconded by Commissioner Lachinski, to close the Public Hearing. Motion carried unanimously. Motion by Commissioner Jack, seconded by Commissioner Jaworski, that the Planning and Zoning Commission recommend that the City Council pass the Interim Moratorium Ordinance as we have before us tonight, with the revisions on Page 2, and note that the Public Hearing has been held and comments solicited and received and the need for this Ordinance still exists. Motion carried unanimously. This will be on the City Council agenda June 29, 1976. Country Estates Sketch Plan (Comm. #6-76-6) The developer was not prepared to present a Sketch Plan at this meeting. Additional Agenda Item ~J James Lund, who was tentatively scheduled to be on the Agenda of the regular meeting on July 13, came at the beginning of tonight's meeting and requested to be on the Agenda. Motion by Commissioner Lachinski, seconded by Commissioner Retzlaff, to put the James Lund Sketch Plan on the Agenda and that it be allocated to 20 minutes maximum. Vote on motion: yes - Chairman Orttel, Commissioner Retzlaff, Commissioner Lachinski, Commissioner Kishel; no - Commissioner Jaworski, Commissioner Jack, Commissioner Jacobson. Motion carried. James Lund Sketch Plan (Comm. #6-76-7) James Lund and Glenn Shaw, of Programmed Land, presented a Sketch Plan for approximately 104 acres. Discussed and suggested changes on the following: the City cannot accept ~ streets, two lots are undersized, corner lots have to be larger than interior, putting an access to the proposed park, they have to give 75' of easement to the County, a block should not be longer than 1320', low land on proposed roadway, future resubdivision plan, Shoreland Zoning, boundary survey, topo materials, and the proposed moratorium. They are going to rework the Plan and try to submit the Preliminary Plat before June 29, the date of action by the City Council on the Moratorium Ordinance. \ , .) ~) /~ " j () ~~ (J \ / Planning and Zoning Commission Meeting Minutes - June 22, 1976 Page 4 Tentative Agenda for July-1l It was felt in discussion that the Public Hearing on Round Lake Shores, which is being referred back from the City Council, should be republished and the residents renotified. The Planning and Zoning Commission has a moral obligation to the surrounding property owners. Motion by Commissioner Jacobson, seconded by Commissioner Jack, to renotify everyone of the Round Lake Shores Rezoning and Preliminary Plat Public Hearing. Motion carried unanimously. Adjournment Motion by Commissioner Kishel, seconded by Commissioner Jack, to adjourn. Motion carried unanimously. Meeting adjourned at 10:55 P.M. D1!1~aP,~ ~_) Commission Clerk \J ) \ ./ \ ) \ ) BABCOCK. LOCHER. NEILSON & MANNELLA EDWUND P. BABCOCK LANDOL J. LOCHER JAMES M. NEILSON FELIX A.. MANNELLA JOHN R. SPEAKMAN RlCHARD BEENS :ROBERT F. MANNELLA JOHN }.(. BURKE ATTORNEYS AT LAW NORTHTOWN CENTER 117 NQRTHTOWN DRIVE BLAINE, MINNESOTA &6634 j TEL.l (612) 788-0250 ANOKA OFFICE 118 EAST MAIN STREET ANOKA. MINNESOTA aS303 TEL. (612) 421.6161 W'ILLlA),{ G. HAWKINS RONALD B. PETERSON LA.WRENCE R. JOHNB~N June 16, 1976 Kenneth Orttel, Chairman Planning and Zoning Commission City of Andover 1685 Crosstown Boulevard N.W. Anoka, Minnesota 55303 Dear Mr. Orttel: ': , ./ I have reviewed the changes made by the Planning and Zoning Commission to the interim ordinance at their June 14th meeting. I find nothing objectionable with the changes. I would like to bring to your attention that under the revisions in Section 4, any subdivision of land that is not required to be brought before the Planning Commission or the City Council by either a site "plan, rezoning, preliminary plat, or otherwise, could be conveyed and a home constructed on same. In other words, in view of the recent Attorney General's Opinion, an individual in the rural area could convey, by metes and bounds, a five acre parcel and be given a building permit. There are no restrictions on the issuance of a building permit on this lot. In addition, there is no need to bring this conveyance before any city commission for their approval. I merely bring this to your attention for possible discussion at the next meeting, if this has not been brought up previously. In regard to the Ronald Rydh variance, the provisions in Ordinance No. 10 clearly state that any conveyance of a separate parcel of this size is in violation of that ordinance and state law. The only exception that may be granted is if the platting restriction would create an unnecessary hardship, and the failure to comply does not interfere with the purpose of the subdivision regulations. In the application I see nothing that indicates an unnecessary hardship in this instance. Absent this showing, the provisions of the platting ordinance would apply to this conveyance. If you have any questions regarding these two matters, please feel free to contact me. l~It~~.~V\'<0 William G. Hawkins /jj :- ) .TKDA \ ) " Tom, KING, DUVALL, ANDERSON AND ASSOCIATES INCORPORATED ENGINEERS AND ARCHITECTS ./ June 18, 1976 1408 PIONEER BUILDING SAINT PAUL, MINNESOTA SSIOI 224-7S91 Planning and Zoning Commission Andover, Minnesota 55303 RE: Pankonin Addition Preliminary Plat Andover, Minnesota Commission No. 6223-76 Commission Members: ;' .. We are writing to inform you of Council action and comments on the proposed Pankonin Addition in the City of Andover. The City Council at their June 15, 1976 '\ meeting reviewed the preliminary plat for Pankonin Addition. The City Council and \ / City Attorney were concerned about dedication of a service road along Bunker Lake Boulevard and front set back lines corresponding to service' road dedication. The Council felt the service road should be dedicated at this time to avoid spotted dedication when the proposed lots are subdivided in the future. We have reviewed the proposed plat according to Council recommendations. We recommend dedication of a 40' right-of-way for service road on all proposed lots along Bunker Lake Boulevard except Lot 2 of Block 1 where a building exists at this time. Should the City decide to construct the service road at a future date, purchase of right-of-way on Lot 2 will be necessary. The front s"et back lines along the service road should be 40 feet. The set back line for Lot 2, Block 1 should be 80 feet to allow for a future service road. If you have any questions on this letter and requirements, please contact me. Yours very truly, TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIA TES, INCOR // , ;p I \ I RWS:vlo cc: Patricia K. Lindquist-Clerk N. C. Hoium - Surveyor