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HomeMy WebLinkAboutFebruary 28, 1984 Call to order - 7:30 P.M. Approval of Minutes l. Comm. #2-84-2 2. Comm. #2-84-3 3. Comm. #1-84-5 4. Comm. #2-84-4 ~ 01 AN DOVER REGULAR PLANNING AND ZONING COMMISSION MEETING FEBRUARY 28, 1984 AGENDA Ernie Peterson Special Use Permit Public Hearing Sloth Bros. Nursery Amended Special Use Permit Public Hearing Ordinance 8 Amendment Public Hearing, Cont. Dog Ordinance Discussion ~ 01 AN DOVER REGULAR PLANNING AND ZONING COMMISSION MEETING FEBRUARY 28, 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, February 28, 1984 at the Andover City Hall, 1685 Crosstown Boulevard N.W., Andover, Minnesota. Commissioners Present: Knutson, Jacobson, Bosell Commissioners Absent: Rogers, Perry, Apel Also Present: Ernie Peterson; Peter Thompson; Al Sloth; others Approval of Minutes February 14, 1984 MOTION by Jacobson, seconded by Knutson to approve the minutes of February 14, 1984 as written. Motion carried on a 3 yes 1 present (Bosell) vote. Ernie Peterson Special Use Permit Public Hearing (Comm. #2-84-2) Chairman Spotts opened the public hearing. Peter Thompson, attorney for Ernie Peterson - noted that they are trying to solve a situation which is no\~ involved in litigation. Mr. Peterson has 480 acres which are all contiguous and has farmed there for many years. He raises a half million turkeys per year. It is necessary as part of this operation to have several employees available on a 24 hour basis to tend to the turkeys.Mr. Peterson has his own home and there are two other homes and a mobile home that are occupied by people who work for him. The mobile home in question was placed there in 1980. The mobile home is for an employee and if the home has to be removed, Mr. Peterson will lose that employee. It would do irreparable damage to the operation if that employee leaves. The original mobile home was placed there in 1958; in 1971 it was a non-conforming use. Under a part of the ordinance, it was grandfathered in. Mr. Peterson purchased a newer mobile home in 1980. On the day the old home was removed and the new one was being put in, the building inspector was on the site and watched the whole operation. Shortly after that, Mr. Peterson was informed that because the structure was replaced it was not grandfathered in. The City Attorney filed a criminal complaint and that is pending for trial. The City Attorney and the court have agreed that if the Special Use Permit is granted, there would be no prosecution. The purpose of Mr. Peterson's application is to solve that problem. In making the application a good number of the ordinances were dealt with. The definition for a mobile home park is one or more units. The mobile home looks pleasing; there are shrubberies around it. Mr. Thompson noted that the requirements for manufactured housing in the city were explained by the City Clerk. The mobile home has its own septic tank and well and it is 980 square feet. Because this is a farming operation, the number of dwellings on the property are allowed. Mr. Peterson has had a mobile home on the property since 1958; he could have left the original home there but chose to upgrade it. Commissioner Jacobson asked how long after the new mobile home was moved in did Mr. Peterson receive a letter from the city telling him it had to be removed. Ernie Peterson noted that it was approximately 10 months after. I Regular Planning Commission Meeting February 28, 1984 - Minutes Page 2 (Peterson Special Use Permit, Cont.) Commissioner Jacobson asked why it has taken Mr. Peterson three years to co~e in for a Special Use Permit. Mr. Thompson stated that it was the threat of a criminal conviction that prompted this action. Commissioner Bosell noted that in previous City Council discussions a Special Use Permit was not mentioned. The City Attorney was only instructed to look at ways of getting rid of the mobile home. Gladys Ransom, 4640 - 165th Avenue fl.W. - stated that she has had her home up for sale for a year and when people come to see it they ask her if the mobile home is going to stay there. People do not want to buy the house because of the mobile home. She also stated that since she has lived there, r1r. Peterson has built two big turkey barns. She felt that there is going to be a mobile home park there pretty soon. Commissioner Jacobson asked Mrs. Ranson how far her house is away from the mobile home. She noted that it is about 150 feet. Bob Griffing, 16055 t1akah Street N.W. - noted that a mobile home in that area is not good planning. It severly impacts his property. Commissioner Jacobson asked Mr. Griffing how long he has lived at his present address. Mr. Griffing said four years. Gladys Ransom asked why Mr. Peterson can't put the mobile home behind the barns. Commissioner Jacobson noted that if Mr. Peterson had not put a new mobile home it, this would not be on the agenda tonight. Peter Thompson - stated that the mobile home is at least 150 feet from the county road. He also stated that the criticism tonight has been mainly about the turkey barns. When Mrs. Ransom moved to her house the old original mobile home was already there. Ron Smith, 14942 Evergreen Street N.W. - noted that his only problem is that if this is granted for one person, you will have to grant it for everyone. MOTION by Jacobson, seconded by Bosell to close the public hearing. Motion carried un- animously. Commissioner Jacobson noted that the City Council has taken the position that mobile homes should not be allowed except in certain areas. Asked if, if an agricultural preserve, would a mobile home detract from the surrounding area? Is it going to lower the value of the property next door? If, for the first time, we grant a Special Use Permit to put a mobile home some place other than where it's supposed to be, that opens the door to some- one else putting one in. Commissioner Bosell asked flr. Thompson if in his conversations with the City Attorney Ordinance 6B was ever mentioned. Mr. Thompson stated it was not. Bob Dillon, 4995 - 159th Avenue N.W. - stated that if the Planning Commission makes an exception in this case, they will have set a precedent. Regular Planning Commission t1eeting February 28, 1984 - f1inutes Page 3 (Peterson Special Use Permit, Cont.) Commissioner Jacobson also noted that according to Ordinance 6B it would seem that the new mobile home is grandfathered in. Commissioner Bosell stated that the only area where you can have more than one dwelling per lot is in agricultural preserve. No other area around Mr. Peterson's can meet that. MOTION by Jacobson, seconded by Bosell that a public hearing was held concerning the application of Ernest F. Peterson for a Special Use Permit for a manufactured home ~/hich is located at 4515 - 165th Avenue N.W. Three individuals from the audience spoke in opposition to the application. The Planning and Zoning Commission finds that if granted, the Special Use Permit would violate a number of sections of Ordinance 6, which regulates manufactured home parks and for that reason, would not recommend a Special Use Permit being granted. However, the Planning and Zoning Commission brings to the City Council's attention Ordinance 6B, Section 2C which apparently allows a manufactured home in this situation since it was located on the property before July 1982. It is for this reason, and this reason only, that the Planning and Zoning Commission recommends that inasmuch as the manufactured home was grandfathered in under Ordinance 6B, Section 2C, no Special Use Permit is required or needed in this case. Discussion: Commissioner Jacobson noted that without Ordinance 6B he would not recommend approval of this item. Motion carried unanimously. This will go to the City Council on f1arch 20, 1984. Sloth Bros. Nursery Amended Special Use Permit Public Hearing (Comm. #2-84-3) Chairman Spotts opened the public hearing. Al Sloth, 2658 - 195th Lane - stated that their request is to add on to their existing greenhouse at 13624 Gladiola Street N.W. Chairman Spotts noted that he drove past the site and there are 2x4's where the addition is going to go if approved. Mr. Sloth explained that they have excavated the site. Chairman Spotts noted that the original Special Use Permit was issued in June of 1978. Mr. Sloth stated that his father has been in business at that site since 1959. The original building was built in 1978 and has made it through three tornadoes. The addition will be constructed of fiberglas. Commissioner Bosell asked which way the building will go. Mr. Sloth noted that it will be going to the east. The floor will either be cement or pearock. There is no room in the existing building for anything other than bedding plants, so the addition will be used for storage. Commissioner Bosell asked Mr. Sloth to update his drawings to show how far the building will be from the property lines. r~OTION by Jacobson, seconded by Knutson to close the public hearing. ~lotion carried. MOTION by Jacobson, seconded by Bosell that the Andover Planning and Zoning Commission recommend to the City Council approval of an amended Special Use Permit requested by Regular Planning Commission Meeting February 28, 1984 - Minutes Page 4 (Sloth Bros. SUP, Cont.) Sloth Bros. Nursery, 13624 Gladiola Street N.W. to construct an addition to an existing greenhouse, pursuant to Ordinance 8, Section 5.03 and Ordinance 8A, Section 5.03. The addition will be 20' x 24' and will be for supply storage and plants for the greenhouse. The Commission finds that the application will conform to Ordinance 8, Section 4.05 A-H. It will not adversely affect the val ue of surrounding property; it wi 11 not be detrimental to surrounding scenic views; it will not adversely affect the health, safety or general welfare of the community; and it will not cause serious traffic congestion. Motion carried unanimously. This will go to the City Council on Marcy 20, 1984. Recess 9:13 - Reconvene 9:22 Dog Ordinance Discussion (Comm. #2-84-4) Mary Simcoe, 2929 - 142nd Lane N.W. - noted that as a hobby breeder she feels a need in Andover for an ordi nance all owi ng hobby breeder kennels. She now ha,s three dogs and a puppy she would like to keep but because she lives in the urban area she would not be able to obtain a kennel license. She noted that t'lax Alford from the ~linnesota Purebred Dog Breeders Association is present tonight. The model ordinance under consideration has been adopted by many communities already. Chairman Spotts asked which communities have adopted the ordinance. t,lax Alford - noted that St. Paul, Minneapolis, Plymouth, Burnsville, Orono, Corcoran, White Bear Township, Isanti and Blaine have all adopted the ordinance. He stated that the typical hobby breeder has 3 to 4 breedable bitches and maybe one male. Most people have to keep a puppy more than six months so that they know which ones will be show quality. He also noted that when you have a licensed kennel, that kennel is always open for inspection. Commissioner Jacobson asked how many people in the City of Andover this would involve. Mrs. Simcoe noted that there are about 4. Inasmuch as those people that would be affected by this ordinance were not able to be at the meeting an informational meeting will be held at the next regular Planning and Zoning Commission meeting. Ordinance 8 Amendment Publ ic Hearing, Cont. (Comm. #1-84-5) Chairman Spotts reopened the public hearing. It was noted for the record that no one was present for this item. The concensus of the commission was that the amendment is being proposed mainly because of one person and asked if it will be enforced for everyone else. Commissioner Bosell asked if this amendment came from the City Clerk or the City Council. It'was noted that it came from the City Clerk and the Building Inspector. Commissioner Jacobson asked why we couldn't just put a time limit on the building permit rather than adopting an amendment. Regular Planning Commission Meeting February 28, 1984 - Minutes Page 5 (Ord. 8 Amendment, Cont.) MOTION by Knutson, seconded by Jacobson to close the public hearing. Motion carried. MOTION by Jacobson, seconded by Knutson that the Andover Planning and Zoning Commission recommend to the City Council that the amendment to Ordinance 8 not be adopted for the following reasons: 1) The Planning and Zoning Commission finds no compelling reason for such a provision at the present time; 2) A request was made of the building inspector to provide his comments in writing and this was not done. Motion carried unanimously. This will go to the City Council on March 20, 1984. MOTION by Bosell to adjourn. Motion carried unanimously. Meeting adjourned at 10:17 P.M. Respectfully submitted, U.lLO Vicki Volk Commission Secretary