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HomeMy WebLinkAboutSeptember 22, 1998 u () u u u CITY of ANDOVER PLANNING AND ZONING COMMISSION MEETING - SEPTEMBER 22,1998 MINUTES The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Jay Squires on September 22, 1998, 7:30 p.m. at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Maynard Apel, Mike Gamache, Don Jacobson, Jeff Luedtke, Randy Peek, Lorna Wells None City Planning, Jeff Johnson City Planning, John Hinzman Others Commissioners absent: Also present: APPROVAL OF MINUTES September 8, 1998: Correct as written. . Motion by Peek, Seconded by Apel, approval as presented. Motion carried on a 6- Yes, I-Present (Luedtke) vote. PUBLIC HEARING: LOT SPLITIVARIANCE - 14135 VALE STREET NW - JAMES SHEPARD 7:31 p.m. Mr. Hinzman reviewed the request of James Shepard to split the southern 3,912 square feet from a parcel owned by Edwin Sparr, 14135 Vale Street NWto be attached to his parcel at 1082 141st Lane NW. A variance is needed for the minimum lot size requirements for that remnant parcel. A covenant would be filed to combine the split parcel with Mr. Shepard's parcel so it could not be sold separately. The proposed remnant parcel results from a narrowing of the Burlington Northern Railroad right of way and is triangular in shape. Steep slopes and trees separate that area from the remainder of Mr. Sparr's lot. Similar proposals have been approved by the City in the past. Staff is recommending approval with conditions. Commissioner Jacobson questioned the need for a variance, arguing there is no remnant parcel ifit is combined with the neighboring parcel. Chairperson Squires stated technically a. variance is necessary even though it is being joined with the neighboring lot. That triangular parcel being created is legally a separate lot even though it is tied to the adjoining lot. Mr. Hinzman noted the maps will show the divided lot with a tie bar on it, since lot lines of platted property cannot be moved. However, he will check with legal counsel before it goes to the City Council. , ) , '--) , / Regular Andover Planning and Zoning Commission Meeting Minutes - September 22, 1998 Page 2 (Public Hearing: Lot Split/Variance - 14135 Value Street - James Shepard, Continued) Commissioner Wells asked if the applicant has been advised to contact his mortgage company. Mr. Hinzman stated that has never been done. Motion by Luedtke, Seconded by Wells, to open the public hearing. Motion carried unanimously. 7:38 p.m. Jim Shepard. 1082 141st Lane NW. owner of Parcel 18 - stated in looking at the terrain of Parcel 17, that lower triangle will never be developed. If he didn't get that triangle, it would go wild. He has planted the grass and brought in a foot of dirt. Parcel 17 has no access to that area without building steps. As neighbors, they decided it would be more logical ifhe owned that area. It makes his yard more usable. On the other side of his lot the builder built retaining walls and a portion of his driveway on the neighbor's property, which he didn't know about until the survey for this was done. That is the reason for the request in the next Agenda item. Motion by Gamache, Seconded by Wells, to close the public hearing. Motion carried unanimously. 7:40 p.m. / Motion by Jacobson, Seconded by Luedtke, the Reso]ution as presented. Motion carried unanimously. This will be on the October 6 City Council agenda. 7:42 p.m. PUBLIC HEARING: LOT SPLIT/VARIANCE -1094 141ST LANE NW - JAMES SHEPARD 7:42 p.m. Mr. Hinzman reviewed the request of James Shepard to split the eastern four feet from a parcel owned by Paul Mitchell at 1094 14] st Lane NW to be combined with his adjacent property to the east at 1082 ] 4 ] st Lane NW. The variance is for the minimwn lot size for the remnant parcel, for which a covenant would be filed to combine with the neighboring parcel so it could not be sold separately. The request would correct the one-foot encroachment of a retaining well and driveway which was discovered upon resurveying the property for the previous lot split. Staff is recommending approval with conditions. The house was built in 1995 and was a model home. The exact legal description has not been put in the proposed Resolution because they are negotiating where that line will be. There will be a ]egal description when it goes to the City Council. Motion by Luedtke, Seconded by Wells, to open the public hearing. Motion carried unanimously. 7:45 p.m. Jim Shepard. 1082 141 st Lane NW - explained when asked by Commissioner Wells that he has had a lot of problems with the builder and the people in his office. The builder blames everyone except . / himself. It is easier for him to take care of this problem himself. There are three retaining walls, and they would have to dig an 8-foot hole for the three walls to move them onto his property. Right now , '-./ ,,) , j Regular Andover Planning and Zoning Commission Meeting Minutes - September 22, 1998 Page 3 (Public Hearing: Lot Split/Variance -1094 141st Lane NW - James Shepard, Continued) people cut through his yard as a short cut to the park. He needs to fence the area, but cannot do so until he rectifies this property line problem, His neighbor is in agreement with moving the lot line. Motion by Jacobson, Seconded by Wells, to close the public hearing. Motion carried unanimously. 7:47 p.m. Commissioner Wells felt that the City was at fault to some extent and because of that, the fees for this lot split and variance should be waived. Chairperson Squires stated the City doesn't verifY encroachments and survey lines. There is no basis to assume that the City made an error. Mr. Hinzman stated Mr. Shepard paid for only one of the lot splits. The fees on this application were waived. Motion by Peek, Seconded by Gamache, to forward the Resolution to the City Council with the recommendation for approval with the provision that Staff insert the legal description. Motion carried unanimously. This will be on the October 6,1998, City Council agenda. 7:50 p.m. , / PUBLIC HEARING: ORDINANCE NO. 240, AN ORDINANCE REPEALING ORDINANCE NO. 62, REGULATING THE D1SCIlARGE OF FIREARMS AND BOWS 7:50 p.m. Mr. Johnson explained the proposed ordinance would repeal the existing Ordinance No. 62 and redefines the boundaries for permitted and prohibited discharge of firearms and bows to reflect the past and current development within the City. The last amendment to the ordinance was done in 1990. There has been considerable growth and development since then, and Staff felt there needed to be an updated map. Some language was revised, but the intent of the ordinance remains the same. Commissioner Apel thought the old ordinance had a clause that the discharge of a weapon was not allowed on platted land. It may be a good idea to include that language in the new ordinance. Mr. Johnson stated the existing ordinance did not reference platted land. Page 2, Paragraph: The Commission suggested public property owned by the county also be included. Page 2, Paragraph C: Chairperson Squires asked the definition of "solid projectile". Commissioner Apel felt the paragraph is redundant. Commissioner Wells disagreed, suggesting the sentence be moved up to Paragraph A. No change was agreed upon. Page 3, Section 3, Exemptions: The Commission suggested reference be made that police officers . / should be exempt from the provisions of the ordinance. , ) ~J , .' Regular Andover Planning and Zoning Commission Meeting Minutes - September 22, 1998 Page 4 (Public Hearing: Ordinance No. 240, An Ordinance Repealing Ordinance No. 62, Regulating the Discharge of Firearms and Bows, Continued) Motion by Luedtke, Seconded by Jacobson, to open the public hearing. Motion carried unanimously. 7:54 p.m. \ '- _/ Rodney Saba. 1640 177th Avenue - has approximately 3 ~ acres in a zone where it is legal to hunt except it is not legal on his property because of the size. The problem he has is people on the side of the road shooting the ducks in the pond, and they are domestic ducks. He stated a hunter was in his one-eight-acre of woods scouting for a deer stand today. People don't realize it is illegal to shoot a firearm within 500 feet of a dwelling, nor do they take the time to ask permission, even when he is standing in his front yard. When he called the Deputy, nothing was done because the person does not live in the City. He felt the City should close hunting permanently, even though he is an avid deer hunter. The City of Andover is too populated. Commissioner Apel disagreed with the government taking away the rights of all the people. They do try to balance the rights of the hunter with those of the people. He sympathized with Mr. Saba because he too has problems, but he won't take away the rights of everyone else. All they are doing tonight is increasing the protection in the City. Even if a law is passed prohibiting hunting in Andover, people would still be creating the same problems Mr. Saba is experiencing. Chris Himes. ] 5260 Nifihtingale - agreed with Mr. Saba to a certain extent about people not understanding the laws and trespassing. But the deer do a great deal of damage to his carrot fields, and closing down hunting would do serious damage to their farming. They do have geese and deer hunters trespassing, but that goes with the territory. Commissioner Wells asked what happens if someone is trespassing and shoots someone on his property. Mr. Himes - stated so far that hasn't happened. Ag land does not need to be posted. He is very familiar with the laws. This year he kicked ]] geese hunters off his land. Last year six kids by McKelvey's house wanted to blast ducks in the pond. If they are asked to leave, generally they do so. William Grey. 1700 I 77th A venue NW - is not opposed to hunting and was an avid hunter in the past. He has livestock animals and horses and is on record with the Anoka County Sheriff. There are bullet holes in his windows, and this does not seem like the right thing to be happening. A few weeks ago he lost quite a few geese that he raised because of hunters. He didn't think this is something that should be done in the City. Ifhunting is wanted in the City, maybe a hunting area should be made available to people. He is opposed to putting his family and animals at risk. People do not ask if they can hunt on your property. A comment was made that the Anoka County Sheriff cannot do anything with trespassing. That means they can't do anything with the rules and \ regulations if this is passed. He has a real problem with this. He wants to live security in the City. / He likes Andover and his neighbors and wants to keep them around. He does not want them dead. Something needs to be done. '. -. ) ~J '. ; Regular Andover Planning and Zoning Commission Meeting Minutes - September 22, 1998 Page 5 (Public Hearing: Ordinance No. 240, An Ordinance Repealing Ordinance No. 62, Regulating the Discharge of Firearms and Bows, Continued) Motion by Wells, Seconded by Apel, to close the public hearing. Motion carried unanimously. 8:08 p.m. The Commission discussed the trespassing laws and penalties for violating the firearms ordinance. Commissioner Apel again suggested the ordinance be changed to prohibit the discharge of firearms and bows on platted property. The map would be changed to reflect that. Commissioner Wells suggested the ordinance be written that as new platted areas are developed, they would automatically become part of this. She also suggested there be good signage as to where hunting is or is not allowed. Others felt that would be difficult to do. Mr. Johnson stated many people come to the City Hall requesting copies of the map of where hunting is prohibited. , / Commissioner Wells suggested the possibility of placing that map at places within a 15-20 mile radius of the City that sell hunting licenses. Others disagreed. Commissioner Peek assumed there is more activity at the beginning of the season and suggested the Sheriffs Department be informed that this is an issue. In reviewing the map before them, he did not support moving the prohibited line further south along the Rum River. Mr. Hinzman stated that is an error on the map which will be corrected. Commissioner Jacobson stated this is the first hearing of the ordinance and was surprised that more people weren't present. In past years the room was almost full when this item was discussed. He suggested making the changes proposed to the ordinance and the map, make more people aware of the proposal and review the item one more time before forwarding it to the City Council. Mr. Johnson stated he would correct the map with the changes in the rural area; but if other changes are to be made, a new public hearing would need to be held. Motion by Jacobson to table this until the next meeting. Motion dies for lack of a Second. Motion by Ape!, Seconded by Luedtke, to forward to the City Council the resolution to approve the Ordinance No. 240 as presented with the changes a noted in B, add county; Section 3, include a statement about police officers and law enforcement. In addition, note the platted areas on the new map as being prohibited. Also correct the map for the prohibited area south of 165th by the Rum River. Motion carried on a 6- Yes, I-No (Jacobson) vote. This will be on the October 6 City Council agenda. VIDEO PRESENTATION - VARIOUS METRO COMMERCIAL PARKS / Mr. Hinzman noted the video of the various metropolitan commercial parks will be shown for those who are interested in viewing it. , '- j \ ,_ J Regular Andover Planning and Zoning Commission Meeting Minutes - September 22, 1998 Page 6 OTHER BUSINESS Mr. Hinzman reviewed the actions of the City Council at its September 15 meeting and noted the items on the October 13 Commission meeting. Commissioner Jacobson noted there are five or six disabled vehicles in front of Eddy's Auto Body and suggested Staff investigate it further. Motion by Apel, Seconded by Luedtke, to adjourn. Motion carried unanimously. The meeting adjourned at 8:28 p.m. Respectfully submitted, ~~~/~~ Marcella A. Peach Recording Secretary -.I