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HomeMy WebLinkAboutOctober 26, 1999 c) o o o o CITY of ANDOVER PLANNING AND ZONING COMMISSION MEETING - OCTOBER 26,1999 MINUTES The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Jay Squires on October 6, 1999, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Maynard Apel, Larry Dalien, Dean Daninger, Douglas Falk, Bev Jovanovich, and Jay Squires. Mark Hedin. City Planner, John Hinzman Planning Intern, Megan Barnett Others Commissioners absent Also present: APPROVAL OF MINUTES. October 12, 1999 Motion by Daninger, seconded by Dalien, the Minutes be approved as submitted. Motion carried on a 6-ayes, O-nays, I-absent vote. PUBLIC HEARING: SPECIAL USE PERMIT (SUP 99-25) - BULK STORAGE OF LIQUID FUELS - 13625 JAY STREET NW - PUMP AND METER SERVICE FOR KOTTKE'S BUS COMPANY City Planner, John Hinzman stated the Planning and Zoning Commission is asked to approve the Amended Special Use Permit request of Pump and Meter Service to install a 6,000 gallon underground waste oil storage tank on property owned by Kottke Bus Company at 13625 Jay Street NW. Mr. Hinzman stated the property is zoned I, Industrial. Mr. Hinzman explained that the applicant plans to heat two storage facilities on site with the waste oil generated from buses, which would be stored underground. He provided the Commission with the site map, which indicated the location of the underground tanks. . Mr. Hinzman provided a brief overview of the applicable ordinances and the criteria presented. Mr. Hinzman stated the site is predominantly surrounded by industrial uses, including Eddie's Auto Body, ABC Mini Storage, Grande American Bus Company, and to the west is the Andover Cinema. (' \ , \ I ~~) CJ ~J Regular Andover PlanninfJd Zoning Commission Meeting 0 Minutes - October 26, 1999 Page 2 Mr. Hinzman stated Kottke Bus Company has been in operation at the current location since the early 1970's. A 10,000-gallon fuel oil tank was installed in 1984, and in 1996, 1O,000-gallon and 25,000-gallon fuel oil tanks were installed. Mr. Hinzman pointed out that this request was previously before the Planning and Zoning Commission as an amendment to the Zoning Ordinance, to remove the provision of Special Use Permit requirement for the Bulk Storage of Liquid Fuel. He stated the City Council voted unanimously not to amend the ordinance per the recommendation of the Planning and Zoning Commission. Mr. Hinzman stated the proposed tank is a fiberglass double wall tank, which has been reviewed by the Fire Marshall who has indicated that its construction and design exceed federal design standards. He stated there are no residential facilities within 350 feet ofthe proposed site. Mr. Hinzman stated staff recommends approval of the Special Use Permit request, subject to the conditions contained in the Resolution. Motion by Apel, seconded by Jovanovich, to open the public hearing at 7:05 p.m. Motion carried on a 6-ayes, O-nays, I-absent vote. There was no public input. Motion by Falk, seconded by Jovanovich, to close the public hearing at 7:06 p.m. Motion carried on a 6-ayes, O-nays, I-absent vote. Motion by Apel, seconded by Daninger to recommend to the City Council approval of Resolution No. R -99, a resolution approving an amended Special Use Permit for the Bulk Storage of Liquid Fuels pursuant to Ordinance No.8, Section 4.26 for Pump and Meter Service on Property owned by Kottke Bus Company located at 13625 Jay Street NW (PIN 34-32-24-41-0010). Motion carried on a 6-ayes, O-nays, I-absent vote. Mr. Hinzman stated this item would be considered at the November 16, 1999 City Council meeting. PUBLIC HEARING: AMENDED SPECIAL USE PERMIT (SUP 99-26) - PORTABLE CLASSROOMS - FAMILY OF CHRIST CHURCH -16045 NIGHTINGALE STREET NW. Chair Squires stated he would abstain from participation in this matter, as he is a member of the Family of Christ Church. He commented he did not have a direct financial interest, and there would be no conflict of interest, however, to avoid the appearance of impropriety he would not participate in the discussion or the vote. Regular Andover PlanninfJd Zoning Commission Meeting 0 Minutes - October 26, 1999 Page 3 ~J Chair Squires requested Commissioner Apel act as Chairperson during consideration ofthis item. Planning Intern, Megan Barnett stated the Planning and Zoning Commission is asked to review an Amended Special Use Permit request to extend the time limit for the use of a temporary classroom trailer from two (2) years to five (5) years by Family of Christ Church, on the property located at 16045 Nightingale Street NW. Ms. Barnett provided a brief overview the applicable ordinances and the criteria presented. Mr. Barnett stated the adjacent land to the north, south and east of the subject property is zoned R-l, Single Family Rural, and the land to the west is zoned R-3, Single Family Suburban. Ms. Barnett stated the Family of Christ Church was granted an Amended Special Use Permit to erect a portable classroom trailer on November 19, 1998. Due to the lengthy process of purchasing a portable classroom and working through the building code issues, Family of Christ Church has just recently purchased a double wide classroom trailer. The applicant is requesting an extension of the Amended Special Use Permit to be able to use the classroom trailer for a total of five (5) years. This would set the permit to expire in November of2003. (j Ms. Barnett stated the location of the temporary classroom trailer is unchanged. She provided the Commission with the site plan, which indicated the location of the portable classroom. She stated the total square footage of the classroom trailer would be 1,904 square feet, which size was previously approved by the City Council. Ms. Barnett stated staff recommends approval of the proposal, subject to the provisions of the resolution. Commissioner Falk inquired if the requested time frame was the longest time frame granted by the City. Mr. Hinzman stated the City has not had any Special Use Permit requests for temporary classrooms in the past. He explained that public schools are a permitted use in the residential district, and do not require a Special Use or Amended Special Use Permit when they expand with portable classrooms. He commented that the Constance Free Church temporary classroom was subject to a three-year limitation, and the temporary classroom located at Crooked Lake Elementary School, which is exempt from the permit process, has existed for a number of years. He stated the present request represents the longest time frame for a temporary classroom in the City. Motion by Falk, seconded by Jovanovich to open the public hearing at 7:10 p.m. Motion carried on a 5-ayes, O-nays, I-abstain, l-absent vote. ~~ ~J ') 0 Regular Andover Plannin~ und Zoning Commission Meeting Minutes - October 26, 1999 Page 4 A member of the audience requested clarification of the location of the proposed temporary classroom. Mr. Hinzman referred to the site map, and explained the proposed location of the classroom trailer, as it relates to the surrounding structures. There was no further public input. Motion by Daninger, seconded by Falk to close the public hearing at 7:12 p.m. Motion carried on a 5-ayes, O-nays, I-abstain, I-absent vote. Commissioner Daninger requested staff provide a four-dimensional view of the site for these types ofrequests in the future. Acting Chair Apel explained, as he lived in fairly close proximity to the site, he was aware that the proposed classroom would be unobtrusive. Commissioner Daninger stated he had no problem with the proposal, however, in light of the scenic view provision of Ordinance 8, he found the four dimensional view to be helpful in the past. /- , \'..-J Commissioner Jovanovich inquired if the addition would be constructed on the church. ~) Acting Chair Apel explained there would be a covered walkway between the church and the portable classroom, however, the trailer would not be directly attached to the church. Commissioner Jovanovich asked what the applicant proposed to do with the portable classroom when they are finished with it. Mr. Hinzman stated the long-range plan ofthe Church is to acquire another site within the five- year period, and the applicant is requesting the temporary classroom to alleviate their need for space in the interim. He explained that they hoped to purchase new facilities and commence construction of a new church within the five-year time frame. Motion by Falk, seconded by Jovanovich to recommend approval of Resolution No. R- 99, a resolution approving an Amended Special Use Permit time frame extension request by Family of Christ Church to allow for the placement of one temporary classroom trailer for a total of five (5) years onto the property located at 16045 Nightingale Street NW (15-21-24-42-0006). Motion carried on a 5-ayes, O-nays, I-abstain, I-absent vote. Mr. Hinzman stated this item would be considered at the November 16, 1999 City Council meeting. ,- " ,_/ /' " \.j ~-) Regular Andover Plannin}Jd Zoning Commission Meeting 0 Minutes - October 26, 1999 Page 5 PUBLIC HEARING: SPECIAL USE PERMIT (SUP 99-27) - REAL ESTATE SIGN - WOODLAND MEADOWS 3RD ADDITION - 2364 169TH LANE NW - WOODLAND DEVELOPMENT. Planning Intern, Megan Barnett stated the Planning and Zoning Commission is asked to review the Special Use Permit request by Woodland Development to allow for the placement of a real estate si~n along Verdin Street on the property located at 2364 1 69th Lane NW, in the Woodland Meadows 3' Addition. Ms. Barnett stated the property is zoned R-l, Single Family Rural. Ms. Barnett reviewed the applicable ordinance and the criteria presented. Ms. Barnett stated the applicant is requesting a Special Use Permit to erect a four ~4) foot by eight (8) foot real estate sign to market the Single Family Rural Woodland Meadows 3' Addition. She provided the Commission with a picture of the proposed sign, which will be primarily visible from Verdin Street. Ms. Barnett stated staff recommends approval of the proposal subject to the provisions of the resolution. Motion by Apel, seconded by Jovanovich to open the public hearing at 7:16 p.m. Motion carried on a 6-ayes, O-nays, I-absent vote. There was no public input. Motion by Dalien, seconded by Daninger to close the public hearing at 7: 17 p.m. Motion carried on a 6-ayes, O-nays, I-absent vote. Motion by Jovanovich, seconded by Dalien to recommend approval of Resolution No. R -99, a resolution approving a Special Use Permit request of Woodland Development to erect one (1) real estate sign along Verdin Street on the property located at 2364 1 69th Lane NW, legally described as Lot 1, Block 1, Woodland Meadows 3'd Addition. Motion carried on a 6-ayes, O-nays, I-absent vote. Mr. Hinzman stated this item would be considered at the November 16, 1999 City Council meeting. VARIANCE: VARIANCE (VAR 99-11) - ORDINANCE 8, SECTION 4.21, FENCES -ALLOW 6 FOOT FENCE IN FRONT YARD - 831 CROSSTOWN BOULEVARD NW - TERRIS & DIANE BLESL Regular Andover Planninj)d Zoning Commission Meeting 0 Minutes - October 26, 1999 Page 6 '~ "- j The Planning and Zoning Commission is asked to review the variance request of Terris and Diana Blesi to allow for the construction of a fence exceeding four (4) feet in height to be located in the front yard on the property located at 831 Crosstown Boulevard NW. Mr. Hinzman provided the Commission with the site map indicating the location of the subject property, which is zoned R-l, Single Family Rural. Mr. Hinzman stated the applicant is requesting a variance from the four (4) foot provision for a front yard fence which is stipulated in Ordinance 8, Section 4.21. The applicants have constructed a six- foot chain link fence on the site. Mr. Hinzman stated the question before the Planning and Zoning Commission is whether or not the four-foot requirement places undue hardship or practical difficulties upon the applicant, and if the addition of two (2) feet offence height is significant enough to grant a variance on the site. Mr. Hinzman explained the applicant cites excessive traffic along Crosstown Boulevard, the death of several dogs through the years due to speeding traffic, and safety and security as hardship in this case. / -, \....J Mr. Hinzman provided the Commission with a picture of the applicant's house, which indicated that the six-foot fence has been constructed. He explained that staff was in contact with the applicants prior to the construction ofthe fence and informed them ofthe four (4) foot provision. Mr. Hinzman stated over the years, the City has granted similar variances on similar sites, and granted four of these in 1997. He explained that two of these variances were granted for commercial purposes, i.e., daycare facilities, which desired a six-foot fence on the property for security reasons, citing previous child abductions over four-foot fences in the past. He advised that the safety and security reasons were utilized in granting the variance on those sites. Mr. Hinzman explained that two variances were granted for six-foot wooden fences at residential structures, and provided the Commission with pictures of the fences that were constructed. He pointed out that the four-foot fence height provision is in place primarily for aesthetic purposes, and staffhas found the six-foot fence height to be detrimental to the scenic view along the roadways. Mr. Hinzman stated the reason for granting two of the previous variances was traffic noise. He explained the Council felt the addition of two feet of fence was significant enough to prevent traffic noise, therefore, utilized this reason for granting the variance. Mr. Hinzman reviewed the Commissions' options for action. He stated staffrecommends denial of the request, based upon the lack of identified hardship on the site, and that construction of the fence at the maximum height would, in staffs opinion, achieve the same objective. .- \ '-) ') 0 Regular Andover PlanninJ-ut1d Zoning Commission Meeting Minutes - October 26, 1999 Page 7 ,- , '--) Commissioner Dalien inquired if the applicant was informed that a six-foot fence required a variance prior to constructing their fence. Mr. Hinzman stated the applicants were informed that a six-foot fence was prohibited prior to construction. Terris Blesi, the applicant stated that a member of City staff had come to his property and indicated he was not aware which was the front and back yard, therefore, he assumed he could simply define this area as his backyard. He explained that the fence was necessary for the safety of his grandchildren. He explained the traffic along Crosstown Boulevard is very bad, and motorists litter his yard with beer cans and other garbage. He added that when a train goes by, traffic lines up for six or seven minutes while waiting for the train to pass, and the motorists peer into his yard, which interferes with his privacy. Chair Squires inquired how a six-foot chain link fence provides more privacy. Mr. Blesi stated his wife plans to grow vines along the fence to fill it in. He added he has five grandchildren and has concerns about allowing them to play in the yard because of the traffic, which is very bad in this location. ~ " ." j Commissioner Apel stated he would take the point and argue in favor of the variance. He stated the arguments concerning the aesthetic value of a four-foot fence versus a six-foot fence were not completely valid. He explained that the picture of the unsightly six-foot fence provided by staff would be just as unappealing if it were only four feet in height. Commissioner Apel advised the argument pertaining to the applicant's grandchildren's safety was valid, in that a six-foot would protect younger children much more than a four-foot fence. He pointed out the City has granted variances in the past for homes that exist along highly traveled roadways, therefore, he could find no reason not to the grant the variance request. Commissioner Jovanovich pointed out that the applicant's chain link fence was more visually appealing than the wooden fence constructed on Round Lake Boulevard, which was depicted in the picture provided by staff. She advised that a number of wooden fences are very unsightly. Chair Squires advised that the variances granted along Round Lake Boulevard were granted in conjunction with the widening of that road, which brought the road much closer to the existing dwellings. He inquired if two of the variances staff had cited in their materials were granted in 1997, when the road expansion occurred. " " ,j Mr. Hinzman stated that one of these fences is located south of Bunker Lake Boulevard, and was granted in conjunction with the expansion project, however, the other fence is located on the two- lane section of Round Lake Boulevard. He advised that the traffic volume in this area is Regular Andover PlanninJJd Zoning Commission Meeting U Minutes - October 26, 1999 Page 8 '_ ...I significantly high, with the northern portion of the road at approximately 15,000 vehicles per day. He pointed out that the traffic volume on Crosstown Boulevard is likely less than half that amount. Commissioner Apel stated he would move to direct staff to prepare a resolution approving the variance request to construct this fence, in consideration of the safety factor, and also because similar variances have been granted in the past for traffic conditions. Chair Squires stated he concurred with staff in that if the City is not readily willing to enforce the ordinance provision, it should be amended. Commissioner Apel stated much discussion has occurred in this regard, however, the ordinance remains unchanged to date. He pointed out, in this particular instance, when considering the safety of five grandchildren, he would not argue with the applicant's need for a six-foot fence. Chair Squires stated he was not convinced that a four-foot fence was less safe than a six-foot fence. He advised that the variance is subject to a standard of undue hardship. He explained that it is difficult in such situations to find that a variance is appropriate, literally by the ordinance, and the way it is written. He agreed that the ordinance might require to be amended, however, it is not. ,,- -\ '---j Commissioner Dalien explained although Crosstown Boulevard does not present the same amount of traffic volume as Round Lake Boulevard, there is still considerably more traffic on this road than on a typical residential street. He stated he was in favor of the motion. Motion by Apel, seconded by Jovanovich to recommend approval and to direct staff to prepare a resolution approving the variance request of Terris and Diana Blesi to construct a six-foot high fence in the front yard on the property located at 831 Crosstown Boulevard NW. Motion carried on a 4- ayes, 2-nays, I-absent vote. Mr. Hinzman stated this item would be considered at the November 16, 1999 City Council meeting. OTHER BUSINESS. Mr. Hinzman updated the Commission regarding recent Council action. He stated the Council held two public hearings, one of which dealt with the Northern Natural Gas Pipeline, which was approved within its existing easement, and has commenced construction in Ramsey. He explained that a question had arisen regarding whether or not the City would appeal this decision with FERC, however, the City did not wish to proceed with that. He advised that construction in Andover is planned for the spring of2000. " -, "--) Mr. Hinzman stated the Council discussed the regulation of snowmobiles within the City, and voted 3 to 2 to institute a ban south of 161 sl Avenue, with limited corridors, which, if identified and approved by the City Council, would be utilized for snowmobile travel. He explained the corridors ....-----.. " '-~ / \ '--_J " \ , I ') (J Regular Andover Plannin~'Und Zoning Commission Meeting Minutes - October 26, 1999 Page 9 have not yet been identified, however, the Snowmobile Task Force will research this matter during the wintertime, and the corridors will likely be available for use late in the winter, or in the winter of 2000/2001. Mr. Hinzman stated the Council considered an amendment to Ordinance 8, Section 4.26, relating to the Bulk Storage of Liquid Fuels, and concurred with the Planning and Zoning Commission recommendation in that regard. He stated the Council considered an amendment to the Development Policy Guideline to allow the Kerber's Round Lake Estates to move forward on Round Lake Boulevard. He stated there was also an amendment to the Park Ordinance to allow pets on perimeter trails, and approval of an Amended Special Use Permit for portable classrooms at Constance Free Church. Mr. Hinzman stated no items have been submitted to staff for consideration at the November Planning and Zoning Commission meeting to date, and the deadline for submittal is Wednesday, therefore, staff will advise if this meeting is cancelled. Mr. Hinzman advised the November 23 meeting of the Planning and Zoning Commission will consist of a fairly large agenda, as four to five plats are scheduled for consideration that date. There was no other business to come before the Andover Planning and Zoning Commission. ADJOURNMENT Motion by Falk, seconded by Dalien, to adjourn. Motion carried on a 6-ayes, O-nays, I-absent vote. The meeting adjourned at 7:35 p.m. Respectfully submitted, Trish Pearson, Recording Secretary TimeSaver Off Site Secretarial, Inc.