HomeMy WebLinkAboutMay 11, 1976
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CITY of ANDOVER
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PLANNING AND ZONING COMMISSION
REGULAR MEETING - MAY 11, 1976
AGENDA
Approval of Minutes
1. Comrn. ffl- 7 6-3
2. Comm. #9-75-2
3. Comm. #4-76-2
4. Comm. #5-76-1
5. Comrn . #5-76-2
6. Comm. #4-76-9
Barnes Rolling Oaks Preliminary Plat
Continued Public Hearing
Country Estates Preliminary Plat Public Hearing
Forest Meadows Preliminary Plat Public Hearing
City Wide Properties Variance
E. V. Builders Variance
Noon Construction Variance
Publish on May 7, 1976
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CITY 01 ANDOVER
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REGULAR PLANNING AND ZONING COMMISSION MEETING
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May 11, 1976
MINUTES
The Regular Meeting of the Andover Planning and Zoning Commission was
called to order at 7:35 P.M. by Chairman Ken Orttel on May 11, 1976,
at the Andover Community Center, 1685 Crosstown Boulevard NW, Anoka,
Minnesota 55303.
Commissioners Present: Dave Jack, Don Jacobson, Ralph Kishel, Ted
Lachinski, and Larry Retzlaff
Commissioner Absent: Art Jaworski
Also Present: Rex Stockwell, Engineer from T.K.D.A., and others
Minutes
Motion by Commissioner Lachinski, seconded by Commissioner Kishel,
to approve the Minutes of April 27, 1976. Motion carried unanimously.
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Noon Construction Variance (Comm. #4-76-9)
Vernon Noon explained to the Commission that the 10 acre lot was purchased
last fall and he has a buyer who wants a house built on it, but the
land has less than the required frontage. The County Engineer has
given his approval for a common driveway onto Round Lake Boulevard with
the adjoining property owner to the North. Refer letter from Building
Official, James Thurston, dated April 26, 1976 (copy attached).
Motion by Commissioner Lachinski, seconded by Commissioner-Kishel,
to recommend that the Variance be granted as it is consistant with the
development on adjacent property; subject to a setback on the front
property line of 50', also, subject to a combined driveway with the
property to the North. Motion carried unanimously.
Barnes Rolling Oaks Preliminary Plat Continued Public Hearing (Comm. #1-76-3)
William G. Hawkins, City Attorney, has stated to Chairman Orttel that the
City can "accept" money in lieu of land for park dedication but can
not "ask" for money. The Coon Creek Watershed Board has not replied
to the request for their recommendation. Brad Wicklund stated that
on the question about the ditch and water table, the only changes were
to bring the ditch back into the condition it was before Mr. Barnes
bought the property. It will not affect wells or the water table.
The ditch has been filled in by normal farming operations.
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Planning and Zoning Commission Meeting
Minutes - May 11, 1976
Page 2
Mr. Wicklund stated they would like to eliminate Goldenrod Street and
proposed guaranteeing the construction of l47th from Prairie Road to
Smith's Rolling Oaks instead. Mr. Stockwell advised the Commission
that the reason for eliminating Goldenrod is the cost of construction
because of the unstable soil conditions. l47th Avenue would be 1686'
from Prairie Road to Evergreen, which is 366 feet over the maximum
allowed by Ordinance 10.
Jerry Carlson, 14744 Evergreen Street NW, stated, "I have no objection
to the road, but I do not want to pay an assessment for it."
The Commission discussed increased setback on Andover Boulevard, basement
and street level elevations, future subdivision, and a common driveway
for Lot 5 and Lot 4, Block 2, onto Andover Boulevard.
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This item will be on the City Council Agenda May 18, 1976, because of
the requirement in Ordinance 10, Section 7.02 (k). Motion by Commissioner
Jack, seconded by Commissioner Jacobson, that we continue the Public
Hearing to allow Mr. Wicklund time to comply with the changes and the
redrawing. Discussion on items needed before the plat can be approved
by the Commission: building setback line be moved back, broken line
showing resubdivision, 66' _(previously Goldenrod Street) be split between
Lots on each side, Coon Creek Watershed Board should clarify their request
for signatures from adjoining property owners "down stream", and Ordinance
10 Section 9.03. Motion carried unanimously.
Country Estates Preliminary Plat Public Hearing (Comm. #9-75-2)
Mr. Hoium presented a revised plat to the Commission. A recess was called
for 15 minutes in order to review the new plat.
Mr. Hoium has added one more lot - to make 7 lots on the North side of
the street and 6 lots on the South, leaving a 50' right-of-way on Crooked
Lake Boulevard. Mr. Stockwell presented a letter from T.K.D.A. (copy
attached) dated 5-10-76 and reviewed it with the Commission. Most of
the items were taken care of by the revised plat, but #3, lot depth,
and #13, bituminous streets and storm sewer required, were the major
topics of discussion.
Lester McLaughlin, 2868 - 135th Lane NW, stated, "The property is such
that we have to develop it. I don't really feel that we could pay the
cost of storm sewer and streets."
Wayne Cordes, 2828 - l35th Lane NW, expressed concern over where the
road would be going, thought the revised Plat #3 looked the best, but
wouldn't like 2 lots in back of his property - feels the lots should be
of equal size to align with the lots on l35th Lane.
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Jim Lentner, 2823 - l35th Avenue, asked about the problems involved with
renaming the street.
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Planning and Zoning Commission Meeting
Minutes - May 11, 1976
Page 3
Motion by Commissioner Jacobson, seconded by Commissioner Jack, to continue
the hearing in order to allow the developer time to comply with the
City of Andover Ordinance #8-6.02, requiring the minimum lot depth of
130', to rectify the substandard lot size to meet the requirements
of 13,000 square feet, to rectify Lot 6, Block 2, the lot frontage which
does not comply with the Ordinance, and to take note of the T.K.D.A.
letter dated May 10, 1976 when preparing the plat for our consideration.
Motion carried unanimously.
Forest Meadows Preliminary Plat Public Hearing (Comm. #4-76-2)
Lawrence Carlson presented a revised Preliminary Plat of Forest Meadows.
Mr. Stockwell reviewed with the Commission the letter (copy attached)
from T.K.D.A. dated May 11, 1976. They discussed: the many apparent
discrepancies on the plat regarding footage printed and the lot sizes;
Ordinance 10-Section 9.06 (c); future subdivision; possible Variance
request for Lot 6, Block 2; Oak Grove has not sent comments or recommendations
on their review of the Plat.
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Motion by Commissioner Lachinski, seconded by Commissioner Kishel, to
approve the Preliminary Plat for Forest Meadows. Amendment by Commissioner
Lachinski, seconded by Commissioner Kishel, to add: the Preliminary
Plat conforms to Community Engineering and Design Standards, there are
no objections from adjoining property owners, and no formal objections
to the Plat from the City Engineer at this time. Amendment and motion
carried unanimously.
City Wide Properties Variance (Corom. #5-76-1)
Changed to Agenda item #7 because no one was present to represent City
Wide Properties.
E. V. Builders Variance (Comm. #5-76-2)
Mr. and Mrs. Beaudry came forward and explained their reasons for requesting
this Variance. They built the house almost on the property line; and,
it has been sold on contract twice since then. Now they would like to
sell but the mortgage company will not accept as it is. The Commission
discussed Ordinance 8 - Sections 5.04 and 6.02 (setbacks) should it
be 50' instead of 30'. Motion by Commissioner Jack, seconded by Commissioner
Jacobson, to refer this to the Attorney for his opinion and put it back
on the next Agenda. Motion carried unanimously.
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Planning and Zoning Commission Meeting
Minutes - May 11, 1976
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City Council Variance (Comm. #5-76-3)
Chairman Orttel explained the reason for this request from the City Council
and Pat Lindquist and reviewed the information the Commission has received
(copies of letter and memo attached). Some of the comments in the discussion
were: don't think we should give a blanket Variance without even looking
at it, we should have more information than this, in favor of granting
a Variance for this one lot but not any more than that, Mr. & Mrs. Steve
Nokk should be applying for the Variance for one lot - not the City,
the City Council will be acting on this Variance at a Special Meeting
May 13, 1976 regardless of the Planning Commission action, the action
of the Planning Commission is strictly a formality.
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Motion by Commissioner Jacobson that the Planning and Zoning Commission
recommend to the City Council denial of a Blanket Variance for nonconforming
lots on N~ of the SW~ of Section 9, Township 32, Range 24 because of a
lack of information supplied to the Planning Commission on the matter;
but that the Planning and Zoning Commission does recommend a Variance
for Parcel 4940 (The East 366.7' of the West 2250.2' of the South 297'
of the North 957' of the SW~ of Section 9, Township 32, Range 24, Anoka
County, MN). Such Variance would be approved based on economic hardships,
and no negative input from any residents in the area. No second, motion
dies.
Mary VanderLaan, Councilperson, and Marv Christenson, Park and Recreation
Commission member, (just leaving from a Bicentennial Meeting) were asked
for further information. Motion by Commissioner Jack, seconded by Commissioner
Kishel, that the Planning and Zoning Commission recommends approval of
the Variance, as per the request from the City Council, for the following
reasons: 1) the City has allowed building permits to be issued. 2) the
roads are in and have been maintained and dedicated. 3) they are 2~
acre lots. 4) reference letter from Pat Lindquist of April 30, 1976.
5) reference May 4, 1976 unanimous motion by City Council. Vote on
motion: yes - Commissioner Jack, Commissioner Jacobson, Commissioner Kishel,
Commissioner Retzlaff, Chairman Orttel; no - Commissioner Lachinski.
Motion carried.
City Wide Properties Variance (Comm. #5-76-1)
This will be on the Agenda for the next meeting.
Ad;ournment
Motion by Commissioner Jack, seconded by Commissioner Lachinski, to adjourn.
Motion carried unanimously. Meeting adjourned at 11:45 P.M.
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Deloris J. anson
Commission Clerk
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(,ry 01 ANDOVER
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M E M 0 RAN DUM
To:
Planning and Zoning Commission
Copies To:
Noon Realty
From:
Building Official
Da Ie:
April 26. 1976
Reference:
Variance - Noon Realty
Subject Property - Plat 65909, Parcel 2410 - 165' x 2640'
approximately 10 acres, subject to Power easement of
50' as shown on attached exhibit.
Property to the North - Plat 65904, Parcel 6350 - 200' x 945+
approximately 4.3 acres, subject to Power easement of 50'.
Property to the South - Plat 65909, Parcel 2550. - 165' x 2640'
approximately 10 acres.
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Properties on both sides of subject property have been improved
(single family dwellings).
I recommend that the Variance be granted as it is consistant
with the development on adjacent properties; subject to a
setback from the front property line of 50 feet, not 25 as
shown on attached plot plan. The 50 feet being consistant
with setback along a major arterial street.
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mes E. Thurston
uilding Official
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TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIATES INCORPORATED
ENGINEERS AND ARCHITECTS
1408 PIONEER BUILDING
SAINT PAUL, MINNESOTA
55101 224-7891
May 10, 1976
RICHARD M. BARKER
OWEN J. BEATTY
CARREl. H. BERKOWITZ
ROaERT A. BOYER
JA\,tS C. BROTE~
ARNOT J. DUVA1..!..
!-IUGO G. ERICKSOr-.
W;:"LIAM J. FEYCE:F
ROYCE a. HANSE~
STEPHEN M. HARTl..E'r
CLrFFORO E, ":OH~SC~
OuWAYNE R. KASVlA
~. THOMAS KIRK
:)AV1D W. KI RKW::>_:':
A. D'EAN Ll,.;N::HOL1\.'
ROBERT T, MALO~Ev
R~CHARD D. MENKES
:"~CNARC G. MI~LEFi
WAYNE A. O!..50N
DUA~E T, P::1:EW
Ri.:DO\..FH p, RAfTOF.
ROBERT R. RYDER
WILLlAM T. SHERfOA~
ABE J. SPER1..-1NG
WALTER W. THORPE
JAMES E. VCYEN
NATHAN F, WEBER
Planning and Zoning Commission
Andover, Minnesota 55303
RE: Country Estates
Preliminary Plat Review
Andover, Minnesota
Co=ission No. 6223-76
Commission Members:
GEORGEJ. SCHROEPFE~
CL1FFORD W. HAMBLIN
We have reviewed the Preliminary Plat of proposed Country Estates in the City
of Andover. The following are our comments regarding the proposed development:
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1.
The proposed development is zoned R-4 and requires a minimum lot area
of 13,000 square feet with sanitary sewer. All of the proposed lots are of
sufficient area to meet this requirement.
2. The required lot frontage is 85 feet minimum. The frontage of all proposed
lots exceed this requirement.
3. The minimum lot depth for R-4 is 130 feet. The north tier of the lots have a
proposed lot depth of 115 to 116 feet and the south tier of the lots have a pro-
posed lot depth of 95 to 96 feet. All of the lots, therefore, do not meet the
minimum lot depth for R-4 zoning. We would recommend that the proposed
street (135th Avenue NW) be realigned along the centerline of the development.
In so doing, the lot depths for each tier of lots will be approximately 106 feet.
A rearrangement of lot widths would be required to maintain a minimum lot area
of 13,000 square feet.
4. All setback line should be indicated and the width of each should be noted.
5. The width and type of surfacing of all adjacent streets should be indicated.
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Andover City Council
May 10, 1976
Page Two
6. The 36" RCP sanitary sewer on Crooked Lake Boulevard should be
shown beyond the north limits of the plat. This construction was not
completed at the time of the original survey, however, it has been
constructed to this date.
7. An 8" PVC sanitary sewer sub should be shown from the existing manhole
near the intersection with the proposed street and Crooked Lake Boulevard
to the present west right-of-way line of Crooked Lake Boulevard. The invert
elevation at the end of the stub is 855.81 at 0.40% grade.
8. An 8" PVC sanitary sewer should be shown extending north from the 8"
PVC shown on the plat on Gladiola Street. The additional length is 65 feet
and runs along the centerline of the right-of-way. The end manhole has
an invert elevation of 856.99.
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9.
Names of all property owners adjacent to and within 100' of the plat should
be shown on each parcel or lot.
10. The developer has named the proposed street as 135th Avenue NW which cor-
responds to the Community Plan. Existing 135th Avenue NW must, therefore,
be renamed to 134th Lane NW.
11. The proposed right-of-way for Crooked Lake Boulevard within the plat should
be indicated as 50 feet.
12. A 10' utility and drainage easement is required along all street right-of-way
line as well as those already shown.
13. Bituminous streets, storm sewer and sanitary sewer will be required for this
subdivision. All of the improvements should be constructed by the City for
proper coordination and inspection of each project. The developer should
petition the City for the improvements.
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Andover City Council
May 10, 1976
Page Three
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We will discuss this letter with the Commission at the May 11, 1976 meeting.
RWS:vlo
cc: Patricia K. Lindquist - Clerk
N. C. Hoium - Surveyor
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Yours very truly,
TOLTZ, KING, DUVALL, ANDERSON
AND ASSOCIATES, INCORPORATED
-/!~ W S'-LkL
Rex W. Stockwell br ]),t2,k::.
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May 11, 1976
Planning and Zoning Commission
Andover, Minnesota
Re: Forest Meadows Preliminary Plat Review
Andover, Minnesota
Commission No. 6223-76
Commission Members:
We have reviewed the revised Preliminary Plat of Forest Meadows in the
City of Andover. The following are our comments on the proposed plat:
1. The proposed plat conforms to the Anoka County Highway Department
requirements for frontage on County Highways. Mr. Paul Ruud has indicated
that the entrance of the streets and the distance between streets and
the railroad are consistant with the Anoka County requirements. No direct
access from individual lots will be necessary or allowed in the plat.
2. Miscellaneous ditch work
drainage of lots on Xeon Street.
the street construction phase.
or shaping may be required for complete
This work will be accomplished during
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3. The proposed street grades and typical street section are
consistant with the Community Standards and drainage structures have been
adequately placed.
4. We have reviewed the soils information conducted by.Ronald M.
Harless. All of the proposed lots appear to be buildable. Careful
soils investigation of Lots 1, 2, and 4, Block 3, should be required
at the time a building permit is issued. The additional investigation
will provide the information for proper drainage system design and
location. We would recommend no building permit be issued on these lots
until the results.of the investigation have been carefully reviewed by
the Building.Official.
The revised preliminary plat conforms to the Community Engineering and
Design standards.
We will review this letter with the Commission at the May 11, 1976 meeting.
Very truly yours,
,
T.K.D.A.
~Lfl(
Rex Stockwell
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cc: Patricia K. Lindquist, Clerk
James Thurston, Building Official
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REQUEST FOR
REZONING
SPECIAL USE PERMIT
(Circle o:.e)
VARIANCE
1. l'<ame of Applicant
CITY COUNCIL
2.
Address:
Residence
Bus ine s s
Ph on e :
Residence
Business
4. Date of Application
MAY 4, 1976
5. I hereby petition the City of Andover ior the item circled above relating to the
foilowing described prelTIlSes:
N i/2 of the SW 1/4 of Section 9, Township 32, Range 24
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6. Fully describe reason ior request:
All the lots in this area were conveyed by metes and bounds in violation of
Ordinance No.8, requiring that all parcels of land of less than 5 acres must
be platted. Building permits have been issued on these lots, thus indicating
that the City had accepted them. The Council has suggested a "blanket variance",
to eliminate title problems for the residents in the future.
(See attached correspondence)
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7. List names and addresses of all property owners within 3"0 feet of the above
described property (necessary only on rezoning and special use applications).
Please attach complete list.
8. Attach drawing of the above parcel, showing dimensions, roads, ditches
a~ld watercourses, location of pre~ent and proposed buildings, and other
pertinent information.
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Enclose appropriate application iee:
A. Rezoning...................................... $100.00
B. Special Use Permit............................. 100.00
G Variance............... (Single family residence) 25.00
(All other requests) . .. .. 50. 00 (waived)
9.
(Signature of Applicant)
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L....W orr-Ices
WEAVER,TALLE & HERRICK
31e,. (""!>" ""'....'104 5o'RI:[:1'
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ANOKA.MINN(SOTA 55303
C........RL[.!. R. w[....v(R
H(r:lt-'l....... L.TALLC
VlJolGIL c. '-U:.FHHC.t',
ROB!:.RT MUNNS
WILLI"'''''' K. GOODRICH
TI-IOfo'l"'S A. Gr.ooc
Jr.,.rRCV P. HIC....EN
.. Z 1- :.... 3
bi2'7g UNIV[Fl51'TT ....V[NUe N.C.
rRIDLEY. MINNESOTA 55432
571-;3e:.O
f"'R5T S,....,.r. BAN.... BUILDING
COON RAPIDS. MINN. 55433
7~5-1330
April 3D, 1976
Andover Ci ty Council
c/o Pat Lindquist
Andover City Hall
1685 N. W. Crosstown Boulevard
Andover, Minnesota
!Rar Honorable Mayor and Manbers of the City Council:
Tms office represents Mr. am V.rs. Steven C. Nokk, Jr. who have contracted
to buy a lot presently CMDed by Mr. and Mrs. Van L. Johnson and loea ted at
2857 - l67th Lane N. W., Anoka, and lE,'g-ally des=ibed as follav.'S:
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The East 366.7 feet of the \\'est 2250.2 feet of the South 297
feet of the North 957 feet of the Southwest Quarter of
Section 9, To.-mship 32, Range 24, Anoka County, Minnesota,
=ntaining approximately 2-3/4 acres.
In examining the Abstract it appears that this lot, which is less than five
acres in size, was not separately conveyed prior to the enacbnent of your
subdivision ordinance in 1971 limiting conveyances to five acres or more.
Tnerefore, title is not marketable.
HCM'ever, I understand fran Pat Lindquist that the Council has in the past
infomlly approved this metes and J:x:nmds subdivision and that the City
will grant building pennits for lots in this subdivision. If this is the
case, and if the city would =nfirm this in a letter to me, my clients may
be willing to pr=eed with the purp::Jse of property. In that event, they
\vill also be fomlly requesting a variance at sane future time so that
this prcblem is pennanently resolved.
Thank ~u for~Your ~atteJ?iOn to this
Yours truly, l/
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1/lflNt Ij lIll~
Thcmas A. Gedde
matter.
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(i'fY of 1-J./MP5>O VEtil
, .hI E hi 0 RAN D U hi
To:
MAYOR AND COUNCIL
Copies To:
RllTLDTNG OFFICTAL, ATTORNEY
From:
CITY CLERK
o a \ e :
A PR T L ') 0 ] 976
Reference:
NON-CONFORMING LOTS ON 167th Lane/168th Lane
A matter has come up that should have your immediate attention, and
requested as an addition to the agenda for May 4 underltem Sf. In the
process of preparing a Title Opinion for a client, Mr. Paul Getty,
noted that he could not give a clear title inasmuch as all the lots abutting
16Th Lane N. W. and 168th Lane N. W. in Section 9, are non-conforming
per our Ordinance No. 8 requiring the platting of any parcel divisions
of less than 5 acres.
... I have researched both the Town Board and Planning and Zoning Commission
.. Minutes since 1970, and can find no record of any plat action on these lots.
I did find a record of a variance request for lots of less than 2 1/2 acres,
due to a surveyor's error; said request made by James Kurth, Surveyor,
and was derued (he was advised to straighten the roads to make the lots
a minimum 2 1/2 acres.) The actual division of the lots took place in
late 1971 or early 1972. There is no record of this area ever being accepted
on "metes and bounds" division or any platting presentations. Mayor Schneider
was Chairman of the Town Board at that time, so perhaps he could furnish
more detail on this matter.
At this time it would be necessary for the City Council to grant a "blanket
variance" on these lots-if this is not done, we are going to have this problem
every time a title opinion is prepared. Building permits were issued on these
lots in late 1971 and early 1972, showing this as "Cliffdale Addition"; therefore,
I would. assume that this would fall under,the same laws as those goverrung
maintenance of roads over a period of time.
Mr. Getty's client is to close on the property on May 15, which 1S tn...rc2.son
for the urgency of action at this time.
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Patricia K. Lindquist
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PLOT 'PLAN
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