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HomeMy WebLinkAboutJune 13, 20171685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV Andover Planning and Zoning Commission Meeting Agenda June 13, 2017 Andover City Hall Council Chambers 7:00 p.m. 1. Call to Order 2. Pledge of Allegiance 3. Approval of Minutes — May 24, 2017 Regular Meeting Minutes 4. PUBLIC HEARING: Consider City Code Amendment—Title 5, Chapter 1B Equines © 5. PUBLIC HEARING: Consider City Code Adoption —Title 5,Chapter 10 Drug Paraphernalia 6. Other Business 7. Adjournment C, r� L 101 S , PLANNING AND ZONING COMMISSIONMEETING —JUNE I3, 2017 The Regular Bi -Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Daninger on June 13, 2017, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Commissioners absent: Also present: APPROVAL OFMINUTES Commissioners Bert Koehler IV, Kyle Nemeth, and Jeff Sims Timothy Cleven, Scott Hudson, Steve Peterson Community Development Director Joe Janish Associate Planner Dan Krumwiede Others May 24, 2017, Regular Meeting There were no changes from staff. Commissioner Nemeth requested a correction to: - Page 5, paragraph 4, so it reads "...Commissioner Nemeth asked if a massage therapy business is not a permitted home occupation..." - Page 5, paragraph 5 so it reads "Commissioner Nemeth" - Page 10 paragraph 3, so it reads "there are some fences" changing the word "commercial" to "some" - Page 13, paragraph 5, add "Ms." Hanson - Page 13, paragraph 8, 4th sentence, insert a comma after the word "however" Motion by Nemeth, seconded by Sims, to approve the May 24 Regular Meeting minutes as amended. Motion carried on a 4 -ayes, 0 -nays, 3 -absent vote (Cleven, Hudson, Peterson). PUBLIC HEARING: Consider City Code Amendment — Title 5, Chapter IB Equines Regular Andover Planning and Zoning Commission Meeting Minutes —June 13, 2017 Page 2 © Mr. Janish presented a proposal from staff to the City Council about amending the City Code to handle the horse related issues at a staff level in order to provide service that is more efficient to City residents that have horses. Staff provided a draft ordinance for the Planning Commission to consider that would provide the authority to the City Administrator or designee to handle issues as they arise related to horses. Commissioner Nemeth asked Mr. Janish to point to where the front of the home is. Mr. Janish illustrated some of the problems that would happen if a homeowner built a 3 - season porch after a horse enclosure was built. Mr. Janish stated that the building official would make the decision in the current process. The City Administrator could step in if the building official was out. Commissioner Nemeth requested a modification, clarifying that it would be someone designated by the City Administrator specifically. Commissioner Koehler asked if it was possible for someone to put a structure between the house and the street. Mr. Janish stated it was not. Commissioner Koehler inquired if that should be "called out' and firm up the language and include a definition of accessory structures on the property. He also asked if the fence height would be sufficient in the front yard to retain the horses, referring to language in the City Code about fences in the front yard, being under 4 feet in height. Mr. Janish indicated that he would take a look at that concern as well as the accessory structure language. Commissioner Sims inquired and similar code for cows or other livestock (farm animals). Mr. Janish stated that this code language is strictly related to horses because horses are allowed in different areas and that permits are tied to the owner or the property itself. Mr. Janish pointed out that the City evaluates requests and each new owner will have a secure permit and that the City is becoming less restrictive to provide more pasture areas. He also noted that if the home was at the back of the lot, the fencing would need to be in front of the house. The City can go in every year and investigate and make sure a property owner is compliant. Commissioner Nemeth noted that this is a licensing permit. The Commissioners had no further questions of staff. There were no residents in the audience to make comment on this item or any other agenda item. Motion by Koehler, seconded by Nemeth, to open the public hearing at 7:22 p.m. Motion carried on a 4 -ayes, 0 -nays, 3 -absent vote (Cleven, Hudson, Peterson). Commissioner Daninger asked that the fencing materials be a further discussion item. Commissioner Nemeth expressed further concern about horses being allowed in the front © yard. Mr. Janish clarified that the City Code currently allows horses in the front yard, but it would need to be reviewed by the Equestrian Council with a recommendation to City Regular Andover Planning and Zoning Commission Meeting Minutes—June 13, 2017 Page 3 © Council. As proposed if the resident wants to go into the front yard setback area, it would also need to go to the City Council. Mr. Koehler asked what was the driver of this change. Mr. Janish stated that it was part of the review process, and staff analyzing a request, that created an opportunity for review of the City Code review. Mr. Janish indicated an interest on behalf of the staff to fix it once and be done. Motion by Nemeth, seconded by Koehler, to close the public hearing at 7:28 p.m. Motion carried on a 4 -ayes, 0 -nays, 3 -absent vote (Cleven, Hudson, Peterson). Motion by Nemeth, seconded by Koehler to approve City Code Amendment — Title 5, Chapter 1 B Equines, directing staff to further define the designee along with a review of fencing materials and accessory structures as discussed. Motion carried on a 4 -ayes, 0 - nays, 3 -absent vote (Cleven, Hudson, Peterson). This matter will be heard at the June 20, 2017 Council meeting at 7:00 pm. PUBLICHEARING. Consider City Code Adoption —Title 5, Chapter 10 Drug Paraphernalia Mr. Janish stated that cities are starting to develop ordinances that regulate drug paraphernalia. Staff approached the City council about the possible adoption of language that would regulate drug paraphernalia. The draft ordinance is modeled after the City of Anoka's ordinance. That city was challenged on the ordinance by a local vendor; however, the judge found the ordinance to be valid. City staff is not aware of local businesses that would be impacted with the adoption of this ordinance. Commission Koehler asked why it would include "needles and syringes." Mr. Janish referenced diabetes and other medically prescribed injections. He also indicated that it would be law enforcement addressing these situations. Commissioner Koehler asked why four specific drugs were identified (in #11) and did it leave other drugs excluded that are not one of these four. Mr. Janish explained that it was part of the draft ordinance and that any changes would need to be reviewed by legal representation. Chairperson Daninger cautioned against changes since it has been "tried" already and held up in court. Commissioner Koehler stated that he was not satisfied with the answer. He did not want to make any changes, but would like to have questions asked of legal representation. There was further related discussion. F Regular Andover Planning and Zoning Commission Meeting Minutes —June 13, 2017 Page 4 © Commissioner Nemeth asked why the matter was coming before the Commission at this time. Mr. Janish indicated that it was because of the court case [in Anoka] and to get in the forefront of this potential type of business coming to the community. Commissioner Nemeth also expressed his concern about the limited list of drugs. Motion by Nemeth, seconded by Koehler, to open the public hearing at 7:40 p.m. Motion carried on a 4 -ayes, 0 -nays, 3 -absent vote (Cleven, Hudson, Peterson). Commissioner Koehler asked why this issue was not at the County level. Mr. Janish stated that this is being seen now at the City level. The State statute allows the City to more clearly define concerns so that law enforcement can pursue these matters. Mr. Janish confirmed that law enforcement had contributed to the discussion. Commissioner Koehler expressed his support, while asking further questions. Motion by Koehler, seconded by Nemeth, to close the public hearing at 7:45 p.m. Motion carried on a 4 -ayes, 0 -nays, 3 -absent vote (Cleven, Hudson, Peterson). Motion by Koehler, seconded by Nemeth to approve the adoption of City Code — Title 5, Chapter 10 Drug Paraphernalia, know that concerns expressed would be brought to legal counsel. Motion carried on a 4 -ayes, 0 -nays, 3 -absent vote (Cleven, Hudson, Peterson). © This matter will be heard at the June 20, 2017 Council meeting at 7 pm. Mr. Koehler applauded the City for bringing this forward. OTHER BUSINESS Mr. Janish reported that the City Council reviewed: - The proposal regarding a variance to add on to an accessory structure for kennels was approved, with staff directed to review accessory building sizes - Massage therapy CUP home occupation was approved, with additional conditions - Exterior storage was approved - Rezoning of the Rural Reserve district Mr. Koehler asked if information would be forthcoming about volunteering for the Fun Fest. Mr. Janish will update the Commission when more is known. Commissioner Nemeth asked about the variance to the accessory structure and it being denied by the Commission on a couple of criteria. Mr. Janish stated that the Council felt it was too restrictive and requested staff to bring forward information about possibly amending the City Code to allow for larger accessory structures within the rural areas of Andover. He also asked about the CUP related to the storage for the athletic equipment © business. Mr. Janish stated that the site plan was in process and that he would look at the site as it is currently. Mr. Nemeth also requested a summary of the year's work and Regular Andover Planning and Zoning Commission Meeting Minutes —June 13, 2017 Page 5 © subsequent actions and spoke to its value. Mr. Janish stated that he would work on it for 2017 and review 2016. ADJOURNMENT Motion by Nemeth, seconded by Sims, to adjourn the meeting at 7:58 p.m. Motion carried on a 4 -ayes, 0 -nays, 3 -absent vote (Cleven, Hudson, Peterson). Respectfully Submitted, Marlene White, Recording Secretary TimeSaver Off Site Secretarial, Inc. H