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HomeMy WebLinkAboutSeptember 10, 1985 CITY of ANDOVER REGULAR PLANNING AND ZONING CO~1ISSION MEETING SEPTEMBER 10, 1985 - AGENDA Call to order - 7:30 P.M. Approval of Minutes 1. Comm. #6-84-3 Richard Szyplinski Variance 2. Comm. #8-85-3 Groun(hvater Heating Pumps Discussion 3. ConlIn . #7- 85-1 Ordinance 8 Amenument - Ninor Retail 4. Comm. #9-85-1 Satellite Dishes Discussion CITY of ANDOVER REGULAR PLANNING AND ZONING C011.1'lISSION HEETING SEPTEHBER 10, 1985 - 11INUTES The regularly scheduled Andover Planning and Zoning Commission meeting was called to order by Chairman Jacobson at: 7: 30 P .:1., Tuesday, September 10, 1985 at the Andover City Hall, 1685 Crosstown Boulevard N.W., Andover, MN. Commissioners Present: Commissioners Absent: Also Present: Bosell, Jovanovich, Rogers, Ward Apel Richard Szyplinski; others Approval of !1inutes August 27, 1985 Chairman Jacobson suggested that in the discussion regarding Hm. C. Rademacher's Amended Special Use Permit tile third sentence in the 2nd paragraph should read: ..Er. Prest has come back with an acceptable alternative to dispense..... HOTION by Bosell, seconded by Rogers to ap?rove the minutes of August 27, 1985 as revised. Motion carried on a 4 yes, 1 present (Jacobson) vote. Chairman Jacobson asked Mr. Schendel is having. scheduled item. that we add to the agenda a discussion of a problem This will be added after the first regularly Richard Szyplinski Variance (Comm. #6-34-31 Chairman Jacobson noted that the Department of l~atural Resources lNolly Comeau) has asked that something be done ,lith this variance at this time. This item was on the Planning COTI~ission last June and was tabled until the next meeting; at that meeting it was tabled until fall. Nothing was done on it at that time. ,1r. Jacobson asked :Ir. Szyplinski what has happened since that time. !1r. Szyplinski stated that he has removed all but six feet of the deck, which is what Ms. Comeau had recommended to him. Chairman Jacobson noted that in correspondence received from Pat Lindquist, the DNR suggested that Mr. Szyplinski remove all but six feet of the deck and that he should apply for a conditional use permit for a seasonal deck. He asked if Mr. Szyplinski had applied for the permit. Mr. Szyplinski stated that he had not. He also noted that they have a lot of problems ,-lith the river bank in that area. 11s. Comeau and an engineer were out there and they don't know W;lat to do with .the bank. 'I'hey felt that if the entire deck was removed, more of the bank would fall down. Leaving six feet would leave the big timbers w;lich ,,<ill hold tile bank. Chairman Jacobson felt that :.lr. S2yplinski should vIi thoraw n1S request for a variance and then apply for a Conditional Use Permit. Regular Planning Commission Meeting September 10, 1985 - Minutes Page 2 (Szyplinski Variance, Cont.) Commissioner Bosell felt tilat we should deny the variance request and Mr. Szyplinski should then corne in for a permit for a seasonal deck. By doing that, Mr. Szyplinski will end up with what he has at the present time and he will be following the proper proc8dure. Ms. Bosell also felt that the fee for the Special Use Permit should be waived by the City Council. Also by having Mr. Szyplinski apply for the permit, we will be able to have other people do the same thing if they want to build a seasonal deck. Chairman Jacobson agreed that the request should be denied and 11r. Szyplinski should apply for a Special Use Permit and ask the Council to waive the fee. Then the Planning Coramission can hold the public hearing. MOTION by Bosell, seconded by Rogers that the Andover Planning and Zoning Commission recommend to the City Council denial of the variance requested by Richard Szyplinski dated June 14, 1984 in regard to a deck he had on the Rum River. This denial is in conjunction with correspondence received from the Department of Natural Resources. The reconmenuatibn for denial is for the purpose of bringing the request in under the proper umbrella, that being a Special Use Permit. Motion carried unanimously. MOTION by Bosell, seconded by Rogers that since a great amount of time has passed since Mr. Szyplinski applied for his variance in good faith and the vehicle should have been a Special Use Permit, it is recommended that fees for said Special Use Permit be waived and we follow the proper procedure for a Special Use Permit and further requests be handled in the same fashion. Motion carried unanimously. Schendel Problem Mr. Schendel stated that he carne to City Hall a week ago Tuesday to apply for a building permit for a pole building. He was told he had to have blueprints and a drawing showing where the building would be located. He did so and carne back to apply for the permit. He was told at that time the contractor (Sundeen Construction) needed to renew his contractor's license, which he did. Mr. Schendel stated that his wife went to City Hall and was told the permit was not ready yet. Several days later he was told it wasn't ready. Then he went out of town; when he came home he signed the contract with the contractor and went out of town again. When he came home, the buildin~ had been started. He called City Hall and was told he could not buiLt the building because it had steel siding. Chairman Jacobson asked Mr. Schendel how big his lot is. 14r. Schendel stated it is 1.08 acre and it's located on County Road 20 and Xenia. Mr. Jacobson explained that Ordinance au states that unpaint8d or painted metal buildings are not allowed on properties less taan 3 acres in size. Regular Planning Commission Meeting September 10, 1985 - Hinutes Page 3 (Schendel Problem, Cont.) Mr. Schendel stated that he could have been told that when he carne in to apply for the permit, when his wife was in or when he carne back in. Bruce Decker asked what the problem is with the steel siding. Mr. Jacobson stated that the acreage requirement is the problem. He asked Mr. Decker if he started building the structure prior to obtaining a building permit. Mr. Decker stated that he did. Mr. Jacobson said he should have waited until he had a building permit. He also stated that if you proceed before you get approval, you proceed at your own risk. Mr. Decker asked if a variance could be obtained for this building. Mr. Jacobson explained that they should go to the next City Council meeting for Resident's Forum and tell the City Council what their problem is. Mr. Decker asked if the Planning Co~mission is going to make a recommendation to the City Council for approval of a variance for Hr. Schendel. Mr. Jacobson stated that they will not because we do not have a variance request. Commissioner Bosell noted that at the time this ordinance was passed, it was the intention that horizontal siding would be permissible. Mr. Decker stated that he is going to push to get the ordinance changed. Mr. Sundeen asked why the city didn't tell Mr. Schendel that he couldn't build this building. Commissioner Bosell felt that was one of the points that should be brought up to the City Council. It was noted that the building is half up. Satellite Dishes Discussion (Comm. Ji9-85-l) Chairman Jacobson noted that there are three satellite dishes in his neighborhood at this time. He wanted this on the agenda to see if the Planning Commission should have sone sort of ordinance to regulate where they can be put. Commissioner Bosell asked if the problem is the size of the dish or the height. Mr. Jacobson stated that the problem is where they are located on a lot. He also noted that the Federal Communications Commission has been asked by the cable companies to override any city ordinances dealing with satellite dishes. If that happens, we would be told that we can- not regulate where on a property they are located. Ms. Bosell suggested that the City Council send a letter to Sikorski and Boschwitz stating that we are against any such legislation. Groundwater Heat Pumps (Comm. ~8-85-3) Chairman Jacobson noted that there are some problems in the northwest part of the city where there are two large ponds. 'fhe darn out there broke. As they were trying to figure out how to fix this, it carne out that one of the owners up there has a heat pump Utom which the water drains acr03S his Regular Planning Commission Meeting September 10, 1985 - Minutes Page 4 (Heat Pumps, Cont.) lawn, to his neighbor's lawn and into one of the ponds. is concerned with people running this water onto someone He asked if the Planning Commission and the City want to with this. The building inspector has stated that there with the heat pumps. The City Council else's property. get involved is no problem Commissioner Bosell noted taat someone south of her has a drains into a pond. Since they have been using this type size of the pond has about doubled. This could become a heat pump which of heat, the problem. Commissioner Rogers stated that in Coon Rapids t~ere is no pumping allowed of surface water. They have allowed one individual to pump into the storm sewer system but they will probably discontinue that. He also noted that a heat pump can generate 360,000 gallons of water per year. Chairman Jacobson stated that he will write something up and hopefully have it ready for the next meeting. He also noted that we should have a public hearing on this item and inform the heating contractors of the date so that they can attend and submit tneir input. Ordinance 8 Amendment-r>-linor Retail (Comm. jf7-55-l) This item will be table until Septerrber 24, 1985. One ordinance violation was mentioned. MOTION by Bosell, seconded by Rogers to adjourn. Motion carried. Meeting adjourned at 8:46 P.~. Respectfully submitted, r ,. J ~(),U Vicki Volk Planning Commission Secretary