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HomeMy WebLinkAboutMarch 13, 1984 e<<, 01 ANDOVER REGULAR PLANNING AND ZONING COMMISSION MEETING MARCH 13, 1984 AGENDA Call to order - 7:30 P.M. Approval of Minutes 1. Comm. #2-84-4 2. Comm. #2-84-5 3. Comm. #2-84-6 Information Hearing/Dog Ordinance W. Rademacher Special Use Permit Public Hearing John Vig Lot Split e<<, aI AN DOVER REGULAR PLANNING AND ZONING COMMISSION MEETING MARCH 13, 1984 MINUTES The Regularly Scheduled Andover Planning and Zoning Commission meeting was called to order by Chairman Don Spotts at 7:30 P.M., Tuesday, March 13, 1984 at the Andover City Hall, 1685 Crosstown Boulevard N.W., Andover, Minnesota. Commissioners Present: Ape1, Bosell, Knutson, Perry, Rogers Commissioners Absent: Jacobson Also Present: Mary Simcoe; John Prest; Don Oberg; John Vig; City Engineer Jim Schrantz; others Approval of Minutes February 28, 1984 MOTION by Bose11, seconded by Knutson to approve the minutes of February 28, 1984 as written. Motion carried on a 3 yes, 3 present (Apel, Perry, Rogers) vote. Informational Hearing/Dog Ordinance (Comm. #2-84-4) Mary Simcoe, 2929 - 142nd Lane N.W. - noted that she presented this ordinance because when the original dog ordinance was adopted hobby breeders were not considered an option. She feels that there is a need in our community for hobby breeders to obtain licenses to operate their kennels. Chairman Spotts asked Mrs. Simcoe to explain what a hobby breeder does and what a commercial breeder does. Mrs. Simcoe noted that a hobby breeder usually plans their litters. They raise their dogs for show purposes. Her daughter has a dog which she shows and has taken to obedience training. A commercial breeder raises a lot of dogs for money. She noted that she has done this for three years and has had two litters. Usually she has 2 or 3 dogs and sometimes 4. There are quite a few people in the city who fall into the category of hobby breeders but are hiding and would not come to the meeting. Mrs. Simcoe stated that she has a litter now but they are all sold. Chairman Spotts asked her what she would do if three of that litter were show quality. Mrs. Simcoe noted that she could not afford to keep them. Chairman Spotts questioned how many dogs a person should be allowed to keep if this ordinance is adopted. Mrs. Simcoe felt five or six would be sufficient. Chairman Spotts asked if her neighbors would be upset if she had that number of dogs. Mrs. Simcoe stated that they haven't been upset about it so far. All of her dogs are obedience trained; they have been trained not to bark and they are always leashed. Commissioner Bosel1 asked if there is any kind of license that would signify that a person is a hobby breeder. Mrs. Simcoe noted that it is a voluntary thing. She belongs to the Minnesota Purebred Association which has some very stringent rules on how they are to operate. Regular Planning Commission Meeting March 13, 1984 - Minutes Page 2 (Dog Ordinance, Cont.) Commissioner Bose11 suggested that we could amend the ordinance to allow kennels in the area provided they are licensed as a registered breeder. Max Alford, President of Minnesota Purebred Dog Breeders - noted that a commercial kennel would be a kennel that has about 25 breedab1e bitches used for raising puppies to make money. Typically they are not show dogs. Hobby breeders are breeding to better the breed. He noted that in order to belong to the ~1innesota Purebred Association a person must belong to a national or local organization. He stated that he has never known of a commercial kennel operator who has belonged to a dog organization. Commissioner Rogers asked what happens if you start as a hobby kennel and it turns into a commercial kennel. Max Alford stated that most of the hobby breeders care about their dogs and won't have more dogs than they can take care of. Typically, a breeder would have 4 or 5 bitches. He also noted that showing dogs is essentially a beauty contest. Commissioner Knutson asked how many dogs the people who didn't show up tonight own. Mrs. Simcoe stated that they own less than 6. He asked if one year was a fair time limit to put on keeping puppies. Mrs. Simcoe noted it would be. Commissioner Bose11 suggested going with the definition in the model ordinance and amend Ordinance 8, Section 7.03 to include residential/hobby kennel with the following criteria: 1) certified in one of the national, local, state or similar organizations; 2) no more than 5 dogs in any combination of bitches, males and puppies; 3) puppies over the age of one year need to be placed away from the premises. Chairman Spotts asked if Mrs. Simcoe has heard of any animal abuse cases involving breeders. Mrs. Simcoe noted that she is a member of the Anoka County Humane Society and that there is a lot of abuse around but none of them are breeders. Commissioner Rogers asked if there would be a license required by the city. Mr. Alford stated that Minnesota Purebred recommends a license fee of $25.00. Commissioner Bose11 explained that a special use permit for a kennel license involves a $150.00 fee. The kennel license is an additional $25.00. The initial investment for a hObby/breeder kennel license would be $175.00. Also, as a part of the Special Use Permit anyone owning property within 350' of your house would be notified. Mr. Alford noted that they would be willing to help the city to come up with an ordinance that would be satisfactory. Commissioner Perry asked if we could put restrictions on the amount of land area being used for nuns. !1r. Alford stated that they have criteria that is used and SDecs for how much room a dog needs for runs and inside kennels. Commissioner Rogers asked if the dogs need to be registered and if you can get a dog registered without belonging to an organization. Mr. Alford explained that in order to show a dog it has to be registered with the American Kennel Club. You do not have to belong to an organization to have your dog registered. Commissioner Perry suggested that Mr. Alford send to Vicki any information he has that would be helpful and ask Mrs. Simcoe to work with several of the Commissioners to draft Regular Planning Commission Meeting March 13, 1984 - Minutes Page 3 (Dog Ordinance, Cont.) revisions to our ordinance ~Iith the intent being that ~Ie have something ready for discussion. This item will be continued as a public hearing on April 10, 1984. W. Rademacher Special Use Permit Public Hearin~ (Comm. #2-84-5) Chairman Spotts opened the pUblic hearing. John Prest, Bill's Superette - noted that they are requesting a special use permit to install a propane gas tank in the front of the store off the tar. Don Oberg from Texgas would install the tank and instruct the employees on how to operate it. Propane is a year-around product and there are not too many places around where it can be purchased. There have been many requests from the customers at the store for propane. Chairman Spotts asked why this isn't an amended Special Use Permit. He also asked ~1r. Prest if the Fire Department was contacted regarding this tank. Mr. Prest noted that the Building Inspector and the Fire Chief were both out and they came up with the location that is shown on the map in the agenda material. Commissioner Bosell noted that the location picked out does not meet the ordinance require- ments as the tank is considered a structure according to the definition and it cannot be placed in front of the principal structure. Commissioner Rogers stated that his biggest fear is the highway and someone running off the road and hitting it. Commissioner Bosell asked if propane is Class 1, 2 or 3 fuel. Rich Larson, Andover Fire Marshal - stated that it is Class 1. it is proposed to be located pretty well meets the fire code. tank must be protected from vehicles. Mr. Oberg, Texgas - stated that a propane tank has to be 50 feet away from another gas dispensing pump. He also noted that where A 10 foot area around the Bruce Sharmer, 3201 - 152nd Lane N.W. - the tank closer to the highway than the of Anoka that is just off the highway. felt that a variance could be obtained to place store; there is a propane dispensing unit outside It is \vell protected with a fence around it. Mr. Oberg noted that any tank that they install has guard posts around it and if necessary, a fence. The tank has to be 50 feet from the center of the highway and 25 feet from the building. Commissioner Perry noted that some consideration has to be given to the people who live behind the store and that she would be agreeable to a variance to have the tank in the front. Commissioner Knutson felt that the customers would be getting better service if the tank was located in the back rather than the front. Otherwise, the employees are going to have to walk across the parking lot to get the propane and that could be dangerous. Regular Planning Commission Meeting March 13, 1984 - Minutes Page 4 (Rademacher S.U.P., Cont.) Kathleen Anderson, 14030 Si1verod Street - asked how far the tank has to be from a residential area. Mr. Oberg noted that it has to be 25 feet because it's a 1000 gallon tank. Rich Larson noted that people getting gas at Bill's have been doing so with their cars running and some people smoke while putting gas in their cars. He asked what kind of training Texgas has. Mr. Oberg stated that the employees are certified and checked out every three months. This item will be continued to March 27, 1984 to give Mr. Prest time to find a different location for the tank. Recess 9:10 - Reconvene 9:20 John Vig Lot Split (Comm. #2-84-6) John Vig, 17714 Bluebird Street N.W. - stated that he would like to split his lot so that he can build a house on the new lot. Commissioner Bosel1 stated that this property is only 4.55 acres with the description including the road. She asked if the lot split were approved, would there be enough buildable area on the lot? She asked Mr. Vig if there is standing water on the property. Mr. Vig replied that there is not; there are all birch trees growing there. Commissioner Bosell also noted that according to materials received -by the Planning Commission, Mr. Vig does not have access to Ward Lake Drive. Roger Anderson, 1452 Ward Lake Drive - stated that he is opposing the lot split. He, along with two other property owners, own the property across Ward Lake Drive from Mr. Vig's land. They also own a certain amount of footage on the north side of Ward Lake Drive, which eliminates ~1r. Vig's access to Ward Lake Drive. They are asking that this item be tabled so that the other two property owners, Mr. Audette and Mr. Emmans, can be present. He also noted that a great deal of fill would have to be brought in to make the lot buildable. At this time, Chairman Spotts read into the record a memo received from the secretary regarding a telephone call from Mr. Emmans of 1412 Ward Lake Drive. The memo read as follows: Wenda11 Emmans of 1412 Ward Lake Drive called this morning regarding the above lot split. He stated as follows: "Ward Lake Drive is entirely on my property. The way the plat map reads l, as well as my two neighbors, own property on the north side extending 15 feet past the road. The boundary line extends 15 feet on the other side of the road. I am not about to have my land condemned to have him punch a road through there. He is landlocked because I own 15' on Ward Lake Drive. He has no access from Ward Lake Drive. Mr. Audette and Mr. Anderson also own property on the north side of Ward Lake Drive. I have no problem with P & Z authorizing him to split the lot; however, the access onto those parcels is something that he should be prepared to reimburse the property owners for. My recommendation would be that this be tabled until something can be worked out between the property owners on the south side." Regular Planning Commission Meeting March 13, 1984 - Minutes Page 5 (Vig Lot Split, Cont.) City Engineer Jim Schrantz noted that there are soils problems on this property. Commissioner Apel stated that it wouldn't do any good to table this item bec~use ~lr. Vig does not have 5 acres to begin with and Ordinance 40, the Lot Split Ordinance, does not have a variance provision. After discussion on what alternatives f1r. Vig has, he asked that his request be withdrawn. r.10TION by Knutson to adjourn. Moti on carried unanimouSly. Meeting adjourned at 10:17 P.M. Respectfully submitted, u'f&; Vicki Volk Planning Commission Secretary