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HomeMy WebLinkAboutSeptember 9, 1997 ,--, <..J u o 4. , \ ,-) 5. 6, , -\ '\..J CITY of ANDOVER Andover Planning and Zoning Commission Meeting Agenda September 9, 1997 Andover City Hall 7 :00 p.m. 1. Call to Order 2. Approval of Minutes - August 26, 1997 3. Public Hearin~: Amend Ordinance No. 53, An Ordinance Regulating Dogs - Said Amendment Relates to the Regulating of Private Kennel'Licenses. Variance (V AR 97-12) - Fence Height - 13311 Round Lake Boulevard NW - Michael Bahn, Sketch Plan - Section 3 - Randi Erickson and Dave Harris, Ordinance Review: Ordinance No. 63, Adopting Uniform Fire Code Ordinance No. 64, Waiving Requirements/Emergency Ordinance No, 65, Rules and Procedures/City Council Ordinance No, 69, Burning Regulations Ordinance No, 70, Franchise of Natural Gas 7. Other Business 8. Adjournment i \ / � u u /' ~ 0' CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.w, . ANDOVER, MINNESOTA 55304 . (612) 755-5100 PLANNING AND ZONING COMMISSION MEETING - SEPTEMBER 9, 1997 MINUTES The Regular Bi-Monthly Meeting of the Andover Planning and Zonin.] Commission was called to order by Chairperson Randy Peek on September 9, 1997~ 7:02 p.m. at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Maynard Apel, Mike Gamache, Jeff Luedtke, Jay Squires, Lorna Wells (arrived at 7:08 p,m.) Lynette Barry City Planning, John Hinzman City Planning, Jeff Johnson Others Commissioner absent: Also present: APPROVAL OF MINUTES August 26, 1997: Page 4, 4th line, change "140-unit" to "144-unit" senior housing. Page 6, paragraph that starts with "Mr. Carlberg", change "additional 29 units" to "additional 24 units". Page 7, bottom paragraph, fourth line, change "density of maximum of 155" to "density of maximum of 120". o MOTION by Apel, Seconded by Gamache, approval of the Minutes with the changes by Staff. Motion carried on a 4-Yes, 1-Present (Luedtke), 2- absent (Barry, Wells) vote. PUBLIC HEARING: AMEND ORDINANCE NO. 53, AN O!IDINANCE REGULATING DOGS - SAID AMENDMENT RELATES TO THE REGULATING OF PRIVATE KENNEL LICENSES 7:05 p.m. Mr. Johnson explained the proposed amendment would regulate the maximum number/of dogs allowed for a private kennel license and would require the owner of that license to provide a fenced yard or have dog enclosures to confine all dogs on the property. The ordinance also redefines dog enclosure, commercial kennel and private kennel. Additional information which will be required on kennel license applications has also been added to the ordinance. Staff is recommending the number of dogs in a private kennel be limited to six, which is what most other communities require. The fencing requirement is being proposed because of a recent concern raised regarding dogs tied to chains. (Commissioner Wells arrived at this time, 7:08 p.m.) o MOTION by Apel, Seconded by Gamache, to open the carried on a 6-Yes, 1-Absent (Barry) vote. testimony. public hearing. There was no Motion public MOTION by Apel, Seconded by Gamache, to close the pUblic hearing. Motion carried on a 6-Yes, I-Absent (Barry) vote. 7:08 p.m. i i " ) u Regular Andover Planning and Zoning Commission Meeting Minutes - September 9, 1997 Page 2 , , (Public Hearing: Amend Ordinance 53 Regulating Dogs, Continued) MOTION by Apel, Seconded by Luedtke, to forward to the City Council an amendment to Ordinance 53 as presented by Staff. A public hearing was held and there was no comment. Motion carried on a 6-Yes, I-Absent (Barry) vote, 7:10 p.m, VARIANCE - FENCE HEIGHT - 13311 ROUND LAKE BOULEVARD NW - MICHAEL BARN Mr. Johnson reviewed the request of Michael Bahn to allow the placement of a fence exceeding four feet in height at 13311 Round Lake Boulevard, Lot 1, Block 1, Weises Second Addition. The property is zoned R-4, Single Family Urban. Mr, Bahn is asking to place a six-foot high wood fence in the minimum front-yard setback due to traffic noise created on Round Lake Boulevard. The Commission discussed the designation of the front of the lot. The ordinance definition of lot frontage establishes 133rd Lane NW as the front, but it was pointed out that 133rd Lane was constructed after the buildings were constructed on this parcel. Michael Bahn - stated the front door of the house faces Round Lake Boulevard, but the rear of the house faces 133rd. By ordinance , definition, the rear of the house faces the front of the lot. The 6-foot / high fence is along both 133rd Lane and Round Lake Blvd. Chairperson Peek recalled the Commission had encouraged fencing and landscaping along Round Lake Boulevard during the reconstruction project several years ago. He felt the fence, which is already constructed, is very nice. Commissioner Apel also felt the proposal harms no one and tha~ there is no problem with the six-foot fence, especially on the front. MOTION by Wells, Seconded by Apel, to forward to the City Council approval due to the hardship of traffic noise created not by the homestead as noted by Staff. Motion carried on a 6-Yes, 1-Absent (Barry) vote. This will be on the October 2, 1997, City Council agenda. SKETCH PLAN - SECTION 3 - RANDI ERICKSON AND DAVE HARRIS Mr. Hinzman reviewed the proposed eight-lot residential sketch plan of Randi Erickson and David Harris located between Woodland Meadows and Hawk Ridge East in Section 3. The property to the east is designated Ag Preserve, plus there is some wetland. Access to the parcel is from 177th Lane NW and Partridge Street NW. There is an existing house on the property. Because of the agricultural and wetland property to the east, a street is not proposed to be stubbed to provide access to it. All lots meet or exceed the 2 1/2-acre minimum lot size requirement. A variance will be needed for the garage which exists in front of the house. There is some oak wilt on the property, plus some smaller trees that could possibly be transplanted for park purposes. Any natural plant or grass species would be reviewed by the Conservation District, The Commission generally felt the proposal is a good layout utilizing the limited area. ',J , \.-...J Regular Andover Planning and Zoning Commission Meeting Minutes - September 9, 1997 Page 3 , ORDINANCE REVIEW - ORDINANCE NO. 63, ADOPTING UNIFORM FIRE CODE Mr. Johnson stated the Fire Chief felt this ordinance could be repealed. It will be brought to the City Council after checking the legality of this. He will keep the Commission informed. ORDINANCE REVIEW - ORDINANCE NO. 64, WAIVING REQUIREMENTS/EMERGENCY Mr, Johnson stated this ordinance was adopted in 1983, but they foun) nothing in their research as to why it was adopted. Commissioner Apel stated it happened following the July 3, 1983, storm which created much more damage in the City than the July 1 storm this summer. The ordinance allows the Council to do some thing in an emergency situation that they couldn't otherwise do. Commissioner Luedtke felt the ordinance protects the City. Commissioner Squires stated it is a harmless ordinance that empowers the City to declare emergencies and grant waivers within a short period of time. Without it, it would take weeks to make any ordinance change, even in an emergency. The Commission generally felt the ordinance should remain in force, ORDINANCE REVIEW - ORDINANCE NO. 66, RULES AND PROCEDURES/CITY COUNCIL , .' Mr, Johnson explained the ordinance establishes the organization and procedures of the City Council meetings. The Commission recommended no changes at this time. ORDINANCE REVIEW - ORDINANCE NO. 69, BURNING REGULATIONS Mr. Johnson stated the Fire Chief feels the ordinance has been effectiv~ and recommended no changes. Commissioner Wells wanted to see stronger language and definitions on recreational fires. Commissioner Apel noted the difficulty with definitions, because it is not as much of a problem in the rural areas as it is in the urban are~s. Anything other than a recreational fire needs a burning permit. Commissioner Wells was concerned with the four burning piles of commercial construction just south of her. Mr, Johnson stated the Fire Chief grants those permits. He also has the authority to deny all burning, including recreational fires, in dry conditions. Chairperson Peek suggested the Fire Chief and Staff take another look at fire rings. Portable fire pits are becoming more popular. He assumed they are safe, so possibly they should be included in the ordinance, Commissioner ordinance as There was no Squires stated another option would be to leave the it is and direct Staff to use common sense in enforcement. further comment on the ordinance, / ',""'; ~-...J Regular Andover Planning and Zoning Commission Meeting Minutes - September 9, 1997 Page 4 ORDINANCE REVIEW - ORDINANCE NO. 70, FRANCHISE OF NATURAL GAS Mr. Johnson stated the ordinance as adopted in 1985. It is basically a boiler plate ordinance of the franchise with North Central Public Service, The Commission noted even though North Central Public Service Company has been sold, the franchise runs for 25 years; so it should be left as is for now. OTHER BUSINESS City Council Update - Mr, Hinzman updated the Commission on the City Council's actions taken at the September 2 regular meeting, Zoning Ordinance Update - The Commission discussed the updating of the Zoning Ordinance. Mr. Johnson stated applicants for residents to sit on that committee are being taken until September 15. The City Council will appoint the committee, which will consist of P & Z Commissioners plus three to five residents. In discussing times for that committee to meet, the Commission suggested meeting at 6: 45 to 7: 30 on one Planning Commission meeting night a month, then start the Planning Commission meeting at 7:30 p.m. on that day, Staff agreed to try that schedule. Dog Grooming - Mr. Johnson stated Staff received a request from a woman to do dog grooming in her house in a residential area. Per ordinance, a commercial kennel license is needed, which needs three acres or more. This person is arguing dog grooming is similar to a barber shop or beauty shop, which is allowed with a Special Use Permit in residential areas. Commissioner Apel did not object to the grooming of dogs as a home occupation in residential areas with a Special Use Permit. The Permit will allow the City to control the operation. The other Commissioners generally agreed and suggested consideration be given to the number of dogs allowed on the premises at one time, that the dogs not be kept over night, that there be a place in which to keep the dogs, and that the issue of how waste will be handled be addressed. Mr. Johnson stated he will make those changes in the dog ordinance and brinJ an amendment to the Zoning Ordinance back for the Commission to consider. SuperAmerica on Bunker and Round Lake BoulevaLds - Mr, Hinzman stated he talked with the owner today about meeting the conditions of the amendment Special Use Permit for the propane tank. The owner hae been given a 60-day notice to comply. If things are not corrected by November 5, the item will be turned over to the City Attorney. MOTION by Luedtke, Seconded by Gamache, to adjourn. Motion carried on a 6-Yes, 1-Absent (Barry) vote. The meeting adjourned at 8:00 p,m. "R~~ ~ella A. Peach, Recording Secretary