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Home My WebLink AboutOctober 28, 1997 ,j ,,, <-J 8 o o CITY of ANDOVER Andover Planning and Zoning Commission Meeting Agenda October 28, 1997 Andover City Hall 7:00 p.m. 1. Call to Order 2. Approval of Minutes - October 14,1997 3. Public Hearine:: Amendment to Andover Comprehensive Plan Land Use Plan - Change Land Use District from C, Commercial to RM, Residential Medium Density - 26xx 138th Avenue NW. 4. Public Hearing Continued: Rezoning (REZ 97-08) - NB, Neighborhood Business to M-2, Multiple Family - 26xx 138th Avenue NW - Randi Erickson. 5 . Variance Continued (V AR 97-14) - Construct Addition Encroaching Into Setback from Major Arterial- 1425 Andover Boulevard NW - Thomas Schiebout. 6. Ordinance Review: Ordinance No. 72, Abatement Procedure for Nuisances Ordinance No. 73, Installation of Water-Fed Heat Extractors and Water-Fed Air Conditioning Units Ordinance No. 75, Curfews for Minors Ordinance No. 78, Commercial Building Construction Standards 7. Other Business 8. Adjournment o u :J CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.w. . ANDOVER, MINNESOTA 55304 . (612) 755-5100 PLANNING AND ZONING COMMISSION MEETING - OCTOBER 28, 1997 MINUTES The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Randy Peek on October 28, 1997, 7:00 p.m. at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Maynard Apel, Lynnette Barry, Mike Gamache, Jeff Luedtke, Jay Squires Lorna Wells City Planning, Jeff Johnson Others Commissioner absent: Also present: APPROVAL OF MINUTES /\ V October 14, 1997: Page 4, last line, change Commissioner Wells to Commissioner Barry. Motion by Luedtke, Seconded by Gamache, to approve the Minutes as amended. Motion carried on a 6-Yes, I-Absent (Wells) vote. PUBLIC HEARING: AMENDMENT TO ANDOVER COMPREHENSIVE PLAN LAND USE PLAN - CHANGE LAND USE DISTRICT FROM C, COMMERCIAL, TO RM, RESIDENTIAL MEDIUM DENSITY - 26XX 138TH A VENUE NW Chairperson Peek noted the letter from the applicant requesting the item be tabled. Motion by Apel, Seconded by Barry, to so move. Motion carried on a 6-Yes, I-Absent (Wells) vote. PUBLIC HEARING CONTINUED: REZONING - NB, NEIGHBORHOOD BUSINESS, TO M- 2, MULTIPLE FAMILY - 26XX 138TH A VENUE NW - RANDI ERICKSON Chairperson Peek asked for a motion to table the item per the request of the applicant. o Motion by Apel, Seconded by Luedtke, to so move. Motion carried on a 6-Yes, I-Absent (Wells) vote. - , \, / ........J , Regular Andover Planning and Zoning Commission Meeting . / Minutes - October 28, 1997 Page 2 VARIANCE CONTINUED - CONSTRUCT ADDITION ENCROACHING INTO SETBACK FROM MAJOR ARTERIAL - 1425 ANDOVER BOULEVARD NW - THOMAS SCHIEBOUT Mr. Johnson recalled the Planning Commission had questioned whether the City can require someone to comply with proposed future right of way. The City Attorney has indicated most likely the variance to the future right of way easement is necessary, th:>ugh he would need more time to research and form an opinion in writing. He will have that opinion for the November 4 Council meeting. It is the decision of the applicant and the Staff to have the Planning Commission make a recommendation on this variance which will then be forwarded to the City Council. If the Attorney finds that the variance is not necessary, the City will refund the variance fee to the applicant and the applicant will be able to apply for a building permit. Mr. Johnson noted the variance is based on the right of way that has been established according to the county's thoroughfare plan, which is a 100-foot easement for Andover Boulevard or 50 feet on either side of the centerline. The variance would allow the 4'8" x 11 '9" addition to the front entrance of the principal structure at 1425 Andover Boulevard that will encroach 22.75 feet into the required 40-foot front yard setback. It will also allow a 4' x 23.5' extension to the attached garage that will " \ encroach 22.5 feet into the required 40-foot front yard setback plus a 14' x 24' third stall garage that , J will encroach 20.5 feet into that same front yard setback. Mr. Johnson pointed out the 50-foot county road of way and required 40-foot setback from a major arterial equals 90 feet. Using that basis, the setbacks can each be reduced by 10 feet. The Commission generally agreed to both the variance request and the use of a 50-foot county right of way and 40-foot setback. Motion by Apel, Seconded by Luedtke, that the Planning and Zoning Commission forward to the City Council the Resolution prepared by Staff with the recommendation for approval. Motion carried on a 5-Yes, I-No (Barry), I-Absent (Wells) vote. This item will be placed on the November 4 City Council agenda. ORDINANCE REVIEW - ORDINANCE NO. 72, ABATEMENT PROCEDURE FOR NUISANCES Mr. Johnson noted there needs to be some language and gender changes and updates in the ordinance. " , / Section 3: Commissioner Barry asked if it means the City Council has the option to contract with a third party. Mr. Johnson said yes. Commissioner Barry noted there are many other governmental agencies that go to a board rather than just one arbitrator for disputes. Mr. Johnson stated he will review that point. There were no further comments from the Commission. " ./ \.J , , Regular Andover Planning and Zoning Commission Meeting Minutes - October 28, 1997 Page 3 , , ORDINANCE REVIEW - ORDINANCE NO. 73, INSTALLATION OF WATER-FED HEAT EXTRACTORS AND WATER-FED AIR CONDITIONING UNITS Mr. Johnson stated the Building Official has indicated this ordinance needs to be kept in place. Commissioner Bany asked who enforces the inspections noted in Section 5. Mr. Johnson stated the Building Department inspects when a problem occurs. It is basically complaint driven. Commissioner Bany questioned the sentence in Section 6 which states that economic consideration shall not be considered a hardship. What can be done if there is a case of economic hardship? Commissioner Apel pointed out many ordinances stated that economic hardship cannot be the basis to avoid the ordinance requirement. In the past the City has worked with individuals who had economic difficulties to find help through other agencies. No changes were suggested by the Commission. ORDINANCE REVIEW - ORDINANCE NO. 75, CURFEWS FOR MINORS . .' Mr. Johnson stated the ordinance is consistent with the county's curfew ordinance. The Commission pointed out that Section 2, 2.1 should probably say any person 11 years of age and under. Mr. Johnson stated he will look into that discrepancy. ORDINANCE - ORDINANCE NO. 78, COMMERCIAL BUILDING CONSTRUCTION STANDARDS Mr. Johnson stated that portions of this ordinance should be placed in the Zoning Ordinance such as the fencing, landscaping and outside storage. Some of those areas need to be changed and strengthened. He suggested the ordinance remain as is until the Zoning Ordinance is updated. That updating process will begin in December. The Commission noted that much of the ordinance is vague. What is meant by "modem metal paneling" in the first paragraph of Section 2A? In Section 3A, the last sentence refers to hazardous materials which cannot be stored outside in any type of containers. Another area talks about storage behind fencing. It was felt clarification is needed that the storage of hazardous materials outside is not allowed, even behind fencing. The Commission felt that this ordinance is important, especially with the upcoming development of the commerciaVmdustrial park in the southern portion of the City. They suggested Staff research the commercial building construction and design standards of other cities. Mr. Johnson agreed. .' '\ \j \..J ,\ Regular Andover Planning and Zoning Commission Meeting Minutes - October 28, 1997 Page 4 OTHER BUSINESS City Council meeting - Mr. Johnson reviewed the actions taken by the City Council at its October 21 meeting. The November 4 meeting will begin at 8:01 p.m. because of the elections. Appointment to Zoning Ordinance Task Force - Mr. Johnson noted the Council appointed three residents to serve with the Planning Commission on the Zoning Ordinance Task Force. Those meetings will be held on the evenings of the Planning Commission's meetings from 6:30 to 7:30, with the Commission meetings then beginning at 7:30 p.m. The first meeting will be held on December 9, 1997,6:30 p.m. McLean Special Use Permit application - Mr. Johnson reported Mr. McLean has withdrawn his Special Use Permit application to construct an accessory building higher than the principal structure. The City Council will be accepting that withdrawal at their November 4 meeting. Motion by Barry, Seconded by Luedtke, to adjourn. Motion carried on a 6-Yes, I-Absent (Wells) vote. The meeting adjourned at 8:50 p.m. Respectfully submitted, c::-:-___n...:~;;~ L \~ Cl f'\f'~ Marcella A. Peach Recording Secretary