HomeMy WebLinkAboutMay 9, 2000
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CITY of ANDOVER
PLANNING AND ZONING COMMISSION MEETING - MAY 9,2000 MINUTES
The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was called
to order by Acting Chair Larry Dalien on May 9,2000,7:00 p.m., at the Andover City Hall, 1685
Crosstown Boulevard NW, Andover, Minnesota.
Commissioners present:
Maynard Apel, Mark Hedin, Tim Kirchoff, Douglas Falk, Acting
Chair Larry Dalien, and Dean Daninger.
Commissioners absent:
Chairperson Jay Squires
Also present:
City Planner, John Hinzman
Others
APPROVAL OF MINUTES.
April 25, 2000
Motion by Falk,' seconded by Hedin, the minutes be approved as submitted. Motion carried on a
6-ayes, O-nay, I-absent (Squires) vote.
ACCEPT WITHDRA WAL: SPECIAL USE PERMIT AND VARIANCE REQUEST - US
WEST WIRELESS, LLC - 3017 161sT A VENUE NW.
City Planner John Hinzman explained that the commission couldn't accept the application from
US West Wireless, LLC to extend the tower at 3017 161'1 Avenue NW. He mentioned that the
City has a temporary moratorium ordinance on telecommunication towers and antennas. The
ordinance allows for co-locations on existing tower structures but does not allow for a tower
structUre to be expanded or increased in height.
PUBLIC HEARING: REZ 00-03 - REZONE FROM R-3 TO R-4 AND LOT SPLIT 00-07 -
14268 ROUND LAKE BLVD - WAYNE NESS.
Mr. Hinzman recommended combining items 4 and 5 on the agenda since they are located on the
same property. Acting Chair Dalien accepted this request.
Mr. Hinzman gave a brief explanation of the request for a rezoning and lot split at 14268 Round
Lake Blvd. The applicant, Wayne Ness, is requesting to rezone approximately 31,756 s.f. of
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Minutes - May 9, 2000
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property from R-3, Single Family Suburban to R-4, Single Family Urban. The adjacent land is
zoned R-3, Single Family Suburban on the north and west of the site, and the south and east side
is zoned R-4 Single Family Urban.
Mr. Hinzman explained that the original subdivision was created in the late 1960's or early
1970's as a small lot rural subdivision. Municipal sanitary sewer and water service was not
incorporated into the original plat, however these services are now available along Round Lake
Blvd. He mentioned that two municipal sewer connections are stubbed to the property, and
would be located on the northern split parcel. Verification of the stub location is necessary in
order to subdivide the property. Mr. Hinzman stated that if the request is granted it will be
necessary that all applicable ordinances be met.
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Mr. Hinzman also gave a brief explanation of the request for a lot split at the same address,
14268 Round Lake Blvd. He mentioned that the applicant is requesting to split the northern +/_
northern feet from a 31,756 s.f. parcel, the remaining parcel would be approximately 15,301 s.f
in size. He stated that the applicant proposes to split the existing home from the property to
permit construction of a new home. There is access to both parcels by Round Lake Blvd, and
City sewer and water have been stubbed to the property. However, the property owner would
need to petition the City Council for assessments in order to be served. Mr. Hinzman explained
that the Building Official has indicated the property is generally buildable, and an accessory
would be severed from the house property upon execution of the lot split. He explained that if the
request is granted it will be necessary that all applicable ordinances be met.
Mr. Hinzman recommended that the commission discuss the rezoning and lot split request,
however table the formal approval until the next Planning and Zoning Commission meeting on
May 23,2000 to allow time to verify the stub location.
Commissioner Apel questioned if a comprehensive plan amendment is necessary for this request.
Mr. Hinzman stated that an amendment is not necessary for approval.
Acting Chair Dalien questioned if verification of the stub location is not provided, then would
the request be denied. Mr. Hinzman explained that it is possible to move the existing stub, and
put a new stub into the property or create an easement over the split portion for the sewer service
to the existing home. Staff would prefer the property line be moved to place each sub on each
property if possible.
Commissioner Kirchoff questioned what would happen if the garage were not removed. Mr.
Hinzman stated that the lot split would then be null and void.
Commissioner Daninger questioned who would be responsible for removing the stub, and if the
stub remains in the same location then may they request a variance. Mr. Hinzman explained the
o removal procedures that were to be the outcome.
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Regular Andover Planning and Zoning Commission Meeting
Minutes - May 9, 2000
Page 3
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Commissioner Daninger questioned why the request is being discussed if a recommendation
can't be made tonight. Mr. Hinzman explained that since a public hearing was advertised to the
public it is necessary to open the public hearing for discussion.
Commissioner Falk questioned ifthe lot were sold, would the new property owners be able to
keep the garage. Mr. Hinzman explained that the new property owners would be able to keep the
garage provided a home was built.
Motion by Apel, seconded Hedin, to open the public hearing at 7:11 p.m. Motion carried on a 6-
ayes,O-nay, I-absent (Squires) vote.
There was no public input.
Motion by Daninger, seconded by Hedin, to table the public hearing until the May 23, 2000
Planning and Zoning Commission meeting pending additional information from the applicant.
Motion carried on 6-ayes, O-nay, I-absent (Squires) vote.
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PUBLIC HEARING: ORDINANCE 10 - PLATTING ORDINANCE - VARIOUS
SECTIONS INCLUDING LOT SIZE AND SKETCH PLAN REQUIREMENTS.
Mr. Hinzman gave a brief presentation explaining the amendments that are being recommended
by staff to Ordinance No. 10, Platting and Subdividing. He explained that the changes
recommended for Section 6 are minor amendments that consist of the requirement of an aerial
photo with the sketch plan overlay. The changes to Section 7 are also minor and are listed in the
staff report. The changes to Section 9.06 are a little more in depth and are primarily in section
9.06A2, the reason for this is the said amendment is proposed to be deleted as this section or
provision is inconsistent with the Andover Comprehensive Plan.
Acting Chair Dalien questioned the item being added regarding the aerial photo being required
with the sketch plan overlay.
Mr. Hinzman explained a new procedure staff is using by placing a mylar transparency over the
new sketch plans to get a better clarification of the land.
Commissioner Apel questioned Section 6.02 in the Ordinance. Mr. Hinzman reviewed Section
6.02.
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Acting Chair Dalien stated that it would be critical that the most current aerial photos be used in
order to provide an accurate picture. Mr. Hinzman agreed and mentioned that they could put in
an amendment that they will use the most recent photos available.
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Motion by Hedin, seconded by Kirchoff, to open the public hearing at 7:19 p.m. Motion carried
on a 6-ayes, O..nay, I-absent (Squires) vote.
There was no public input.
Motion by Falk, seconded by Hedin to close the public hearing at 7:19 p.m. Motion carried on a
6-ayes, a-nay, I -absent (Squires) vote.
Commissioner Apel mentioned that since changes with Section 9.06 have been enforced there
have been very few problems.
Motion by Daninger, seconded by Falk, to recommend approval to the City Council of the
amendment to Ordinance lOin Section 6, Sketch Plan in addition to using the most current aerial
photo available; Section 7, Preliminary Plat; and Section 9.06, Lots. Motion carried on a 6-ayes,
O-nay, I-absent (Squires) vote.
DISCUSSION: DISCUSS ORDINANCE NO. 240 - FIREARMS/HUNTING ORDINANCE.
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Mr. Hinzman explained that the commission has been asked to review the hunting boundaries
throughout the City and recommend any changes if necessary. He displayed a map showing the
areas where hunting is authorized. It was mentioned that there are areas that are becoming more
urbanized; therefore it is important the Ordinance be reviewed.
Commissioner Apel questioned if the area that is becoming more urbanized is where fields have
existed in the past. Mr. Hinzman pointed out the larger areas where hunting is currently allowed.
Commissioner Kirchoff questioned if this Ordinance follows the MUS A boundary. Mr.
Hinzman explained that it somewhat follows the MUSA boundary.
Acting Chair Dalien questioned if there have been any other complaints from property owners
other than the petition received. Mr. Hinzman stated that the City has received approximately 10
additional complaints above and beyond the petition.
Acting Chair Dalien questioned if a specific area on the map allowed hunting.
Commissioner Hedin stated that it would be helpful ifthere were a map that would designate
which areas are 10 acres or more to show the areas permitting hunting. Mr. Hinzman explained
and pointed out the areas on the map that are approved for hunting.
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Commissioner Hedin questioned if slugs are allowed in the City of Andover. Commissioner
Apel stated that they are allowed.
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Acting Chair DaIien questioned what the projected distance is for a slug. Commissioner Apel
explained that the distance for a slug is approximately 75 yards.
Commissioner Daninger questioned if there are other neighboring cities that allow firearms for
hunting to take place within City limits. Commissioner Apel mentioned that the City of Blaine
does allow firearms for hunting.
Commissioner Falk stated that it is important to remember that there is a lot of agriculture in the
City of Andover.
Commissioner Apel stated that he is pro hunting, however when it starts to surround schools and
residential developments it becomes a concern.
Commissioner Daninger explained that the respectful hunters are typically the ones that hunt.
Commissioner Apel suggested gathering some comparisons and input from neighboring cities
such as Ham Lake, Ramsey, etc.
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Commissioner Hedin mentioned that another part of the request was for bow hunting. He
explained that if someone is bow hunting they are usually dressed in camouflage and only shoot
at a distance of approximately 20.feet: ~QrdS
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Commissioner Kirchoff questioned if an overpopulation of deer becomes an issue, who would be
responsible, the City or the DNR. Commissioner Apel explained that it becomes an issue the
City needs to address.
Mr. Hinzman swnmarized the commission's comments. He mentioned that he would gather
input from neighboring Cities, and also come up with a better map.
Acting Chair Dalien questioned how the meeting with the City Council would be advertised,
since this issue is an area of concern for many property owners. Mr. Hinzman stated that the
meeting would be advertised through the newsletter and cable television.
DISCUSSION: CONTRACT REZONINGS.
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Mr. Hinzman explained that the commission has been asked to examine a change in Ordinance 8,
Zoning requiring execution of a contract between the developer and the City for all multiple
family district rezonings. He mentioned that unique development standards would be negotiated
between the developer and the City as a condition for the rezoning. The premise for the contract
is to formulate development standards to ensure consistency and compatibility with surrounding
land uses, before land is zoned for multiple family.
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Mr. Hinzman stated that the Zoning Ordinance regulates lot size, density, and uses but does not
address compatibility and development standards. He explained that under the present
ordinance, it is not necessary to have development standards or even a sketch plan for a
development of the property.
Acting Chair DaIien questioned where the Contract Rezoning had been used in the past. Mr.
Hinzman stated that Sunridge twin-home development south of Commercial Blvd was approved
as a contract rezoning.
Acting Chair Dalien stated that he felt the change in Ordinance 8 would be beneficial to the City.
Commissioner Kirchoff questioned if it would include all rezoning locations. Mr. Hinzman
responded only multiple family districts would be included.
Acting Chair Dalien questioned if this has been done in other cities. Mr. Hinzman stated that he
is unsure, however he is checking to see what surrounding cities already have this Ordinance in
place.
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Mr. Hinzman summarized the comments given by the commission to reflect a favorable response
to report to the Council.
DISCUSSION: TRANSITIONAL COMMERCIAL DISTRICTS.
Mr. Hinzman explained that the commission has been asked to consider establishing a
commercial zone along major roadways to serve as a buffer to adjacent housing. He stated that
the current Ordinance 8, Sections 6 & 7 establish four commercial districts, two of the zones
Neighborhood Business and Limited Business both intended for small areas ofIocalized
business.
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Mr. Hinzman mentioned that the commission might wish to modify the Neighborhood Business
District to incorporate development standards to establish added protection near residential areas.
These standards could include: additional minimum setbacks, additional screening, hours of
operation, traffic, lighting, and exterior storage. Mr. Hinzman presented a chart classifying
different areas either as permitted or conditioned.
Commissioner Apel questioned if this was discussed in the ordinance review and the
comprehensive plan. He mentioned that views the idea to be beneficial to the City.
Commissioner Kirchoff questioned if pets or kennels would be allowed.
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Regular Andover Planning ~ila Zoning Commission Meeting
Minutes - May 9, 2000
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Mr. Hinzman mentioned that if the commission would like more specific changes, that there
would be no problem and he would just delay responding to the Council with the commission's
comments.
Commissioner Kirchoff questioned if the purpose of this is to primarily look at the Limited
Business District. Mr. Hinzman explained that the purpose is to look at the changes to the
Neighborhood Business District and the Limited Business District.
Mr. Hinzman requested initial feedback from the commission to determine if further research is
indeed necessary.
Commissioner Falk stated that he viewed the idea to establish a commercial zone along major
roadways to be a positive change for the City.
OTHER BUSINESS
Mr. Hinzman briefed the Planning and Zoning Commission on the outcome of the issues that
were pending with the City Council. He also gave a brief overview of items that will be up for
discussion at the next Planning Commission meeting.
Commissioner Hedin asked if it would be possible for the commission members to receive the
minutes from the last City Council meeting in their packets. Mr. Hinzman explained that it
would not be possible since the City does not have the minutes soon enough.
ADJOURNMENT
Motion by Dalien, seconded by Hedin, to adjourn. Motion carried on 6-ayes, O-nays, I-absent
(Squires) vote. The meeting was adjourned at 8:02 p.m.
Respectfully submitted,
Sara Beck, Recording Secretary
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