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HomeMy WebLinkAboutAugust 12, 1997 ,.- \ \.j o :,) o u CITY of ANDOVER Andover Planning and Zoning Commission Meeting Agenda August 12, 1997 Andover City Hall 7:00 p.m. I. Call to Order 2. Approval of Minutes - July 22, 1997 3. Public Hearinl,:: Rezoning (REZ 97-05) - R-l, Single Family Rural to R-4, Single Family Urban -732 I 40th Lane NW - Craig and Ruth Kostelecky. 4. Public Hearin~: Lot Split (1.S. 97-07) - 732 I 40th Lane NW - Craig and Ruth Kostelecky. 5. Public Hearin{!: Amended Special Use Permit (ASUP 97- 12) - Bulk Storage of Liquid Fuels - 1440 Bunker Lake Boulevard NW - Anoka County Highway Department. 6. Public Hearing: Amended Special Use Permit (ASUP 97- 13) - Repair Garage - 13585 Thrush Street NW - Beck's Auto. 7. Public Hearin{!: Amended Special Use Permit (ASUP 97-14) - Retail Trade and Services (Pizza Restaurant) in an Industrial District - 3131 161st Avenue NW - William Wadziuk. 8. Public Hearin{!: Ordinance No. 233, An Ordinance Regulating Dogs and Cats. 9. Ordinance Review: Ordinance No. 223, Rum River Scenic River Ordinance No. 57, Agricultural Preserve Ordinance No. 58, Seasonal Weight Restrictions Ordinance No. 59, Cable Communication Systems Ordinance No. 61, Uniform Address System Ordinance No. 62, Hunting/Firearms 10. Other Business II. Adjournment , o o /- \ V CITY of ANDOVER egular Planning and Zoning Commission Meeting - August 12, 1997 Minutes The Regular Bi-monthIy Meeting of the Andover Planning and Zoning Commission was called to order by Chairman Randy Peek at 7:03 p.m., Tuesday, August 12, 1997 at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, MN. Commissioners Present: Barry, Wells, Gamache, Apel Commissioners Absent: Luedtke, Squires Also Present: Jeff Johnson, Zoning Administrator; John Hinzman, City Planner; Others Mr. Hinzman informed the Commission that Item 3, Public Hearing for a Rezoning requested by Craig and Ruth Kostelecky, Item 4, Public Hearing for a lot split requested by Craig and Ruth Kostelecky and Item 7, Public Hearing for an Amended Special Use Permit requested by William Wadzink have been withdrawn. u Approval of Minutes - July 22, 1997 . Motion by Wells, seconded by Gamache to approve the minutes of July 22,1997 as presented. Motion carried on a 4 yes, I abstain (Peek) vote. Public Hearing: Amended Special Use Pennit/Anoka County Highway Dept. Mr. Hinzman reviewed the Amended Special Use Permit request of the Anoka County Highway Department to replace three 12,000 gallon tanks and three 10,000 gallon underground storage tanks with two 12,000 gallon underground storage tanks located at 1440 Bunker Lake Boulevard. Mr. Hinzman noted the applicable ordinances, and also indicated that the stored underground fuel would decrease from 66,000 gallons to 24,000 gallons. Mr. Hinzman stated that staff recommends approval with the following conditions: 1) that the applicant provide to the city in writing, proof that the tanks meet all State and Federal requirements and installation regulations; 2) that the Andover fire marshal inspect the tank and its installation; 3) that the amended special use permit be subject to the sunset clause; and 4) that the amended special use permit shall be subject to annual reVIew. f~ '---.) Commissioner Apel asked if the amended special use permit is for a change of location. Mr. Hinzman replied yes, the original special use permit for the tanks was issued in 1983. ) Regular Planning Cc~1ission Meeting August 12,1997 - Minutes Page 2 , , ) (Public Hearing! Amended Special Use Permit! Anoka County Hwy. Dept., Cont.) MOTION by Wells, seconded by Gamache to open the public hearing. Motion carried unanimously. (No one appeared for this item) MOTION by Gamache, seconded by Wells to close the public hearing. Motion carried unanimously. MOTION by Wells, seconded by Gamache that the Andover Planning and Zoning Commission forward to the City Council the resolution prepared by staff recommending approval of the request of the Anoka County Highway Department to amend a special use permit relating to the bulk storage of liquid fuels on property located at 1440 Bunker Lake Boulevard with the four conditions as recommended by staff. Motion carried unanimously. Public Hearing: Amended Special Use Permit/Beck's Auto Mr. Johnson reviewed the request of Raymond Beck, Beck's Auto for an amended special use permit to provide for the exterior storage and screening of vehicles on the property at 13585 Thrush Street NW, which is located in the Andover Commercial Park. Mr. Johnson noted the applicable ordinances and explained that the original special use permit was granted on August 16,1994. He also noted that Mr. Beck has asked that condition 5 in the original resolution (no outside storage of parts or vehicles after the close of business each day) be amended. Mr. Johnson explained that Mr. Beck is requesting to expand the existing parking lot in the rear of the building and provide a secure parking area for his customers' convenience. This parking area would accommodate up to 10 vehicles which may be stored overnight. The area would be screened with a six foot high solid wood fence so the exterior storage would not be visible from adjacent properties. Chairman Peek stated that it was his belief that outside storage in the commercial park would be limited. Mr. Johnson noted that he reviewed other Special Use Permits that have been granted over the last three years. Andover Collision's permit states that at the end of each business day vehicles shall be kept inside or fully screened. There were several other permits that contain the same language as Mr. Beck's. There was also a special use permit granted to Bob Bendtsen that contained the same language as Andover Collision's. Commissioner Wells asked if there have been any complaints about the business. Mr. Johnson noted that there have been one or two; however, no one has stopped at City Hall to complain. Chairman Peek stated that he drove through the commercial park tonight and everyone has vehicles stored outside. It looks like we're not enforcing anything. MOTION by Wells, seconded by Barry to open the public hearing. Motion carried. Regular Planning C~~ssion Meeting August 12,1997 - Minutes Page 3 '- ) (Public Hearing/Beck's Auto, Cont.) Ray Beck, 13585 Thrush Street NW explained that what he is ultimately trying to do is clean up his lot. He will not use it for dismantling vehicles. He also noted that all of his customers do not pick their cars up right when they're done. Chairman Peek asked if security is an issue. Mr. Beck stated yes, they have had some minor vandalism. Mr. Peek noted that several years ago the city approved outside storage if a car was not left over 7 days. He asked Mr. Beck if he would be willing to do that. Mr. Beck stated that sometimes he has customers who drop off their vehicles and go on vacation for two weeks. He didn't know what he would do with their cars if it was limited to 7 days. The Commission discussed the number vehicles that would allowed to be stored outside with Mr. Beck stating that he would want 10 - 15 with the possibility of more. He noted that this is strictly short term storage. Commissioner Apel didn't feel that we should be telling Mr. Beck how many cars he can have stored at his business. He compared it to telling a video store they could only rent 500 movies a day. Mr. Johnson suggested a condition that the property would be open for inspection by staff to make sure he isn't dismantling cars. MOTION by Barry, seconded by Wells to close the public hearing. Motion carried unanimously. Chairman Peek felt that in the future if we include clauses that outside storage isn't allowed we should enforce that or take the clause out of special use permits. He noted that the only concern that he has is that the proposed wood fence be maintained. Commissioner Wells felt that 20 cars is too many. She also noted that Mr. Beck contacted her at home on Saturday and she asked that it be noted for the record that she will not be swayed either way by calls at home. She also felt that the fencing area is too deep. Commissioner Barry agreed that 20 cars as a maximum is too many but 10 is too few. However, she would not want to limit their business. She found this request to be reasonable. Commissioner Gamache felt that Mr. Beck should be commended for his proposal. MOTION by Gamache, seconded by Apel to forward to the City Council approval of an Amended Special Use Permit requested by Raymond Beck as presented by staff with condition #5 being amended to read "No outside storage of parts after the close of business each day". Commissioner Wells asked if the maker of the motion would be willing to place a limit on the number of vehicles. Commissioner Gamache didn't see any reason to do that. Mr. Johnson recommended that the Commission add two conditions: 1) that the site be open for inspection by city staff; and 2) that the junk car ordinance be strictly adhered to. Commissioner Wells then asked if Mr. Gamache would include a condition that the vehicles parked outside of the fenced area are those that are not being worked on. Regular Planning CC,mssion Meeting August 12,1997 - Minutes Page 4 , ) (Public Hearing/Beck's Auto, Cont.) Commissioner Gamache agree to add the two conditions recommended by staff and Commissioner Apel agreed. Commissioner Apel called the question. Vote on motion: Yes - Barry, Gamache, Apel; No - Peek, Wells. Chairman Peek explained that in concept he supports this request but he didn't think the Commission's recommendation follows it. Commissioner Wells felt that by not limiting the number of vehicles we will have a problem. Motion carried on a 3 yes (Gamache, Barry, Apel), 2 No (Peek, Wells) vote. This will go to the City Council on September 2, 1997. Public Hearing: Ordinance 233/An Ordinance Regulating Dogs and Cats Mr. Johnson explained that all of the language that was in Ordinance 53 remains the same except that a provision has been added to regulate cats. No more than three cats shall be allowed on parcels of land less than 3 acres. In a survey of 13 cities, it was found that half of them regulate cats and 4 out of 7 license cats. Staff is not recommending that we license cats. Cats will be prohibited from running at large. Commissioner Wells recommended that we license cats so that when they are found running at large, the owner can be contacted. MOTION by Barry, seconded by Wells to open the public hearing. Motion carried unanimously. Carolyn Fischer, 1348 -149th noted that she has tried to live trap cats in her neighborhood and has been unsuccessful. She would like to see the city include cats in the ordinance so they cannot run at large. She also asked that the city license cats. Commissioner Barry felt that cats are no different than dogs and she also would like to see them licensed. Commissioner Wells agreed. MOTION by Wells, seconded by Gamache to close the public hearing. Motion carried unanimously. MOTION by Apel, seconded by Gamache to forward to the City Council Ordinance 233 as presented for approval. Motion carried on a 3 yes (Apel, Gamache, Peek), 2 no (Barry, Wells) vote. This will go to the City Council on September 2,1997. 'J Regular Planning Commission Meeting August 12,1997 - Minutes Page 5 \ \. ) ; Ordinance Review: Ordinance No. 223, Rum River (Scenic River) Mr. Johnson noted that staff was directed by the Planning Commission to check with the ONR on this ordinance. This was done and the ONR indicated that our ordinance is solid and they are not recommending any changes. Ordinance 57: Agricultural Preserve Mr. Johnson noted that this ordinance was originally adopted in 1982 pursuant to State Law. Commissioner Apel stated that Bonnie Oehn informed him that land in agricultural preserve cannot be used as collateral and she wanted to know if the city could do something about that. It was the consensus of the Commission that the city really couldn't do anything. Ordinance 58: Seasonal Weight Restrictions Mr. Johnson explained that the City Engineer will be making some changes to this ordinance with regard to weight restrictions. Ordinance 59: Cable Communication System No changes are recommended. Ordinance 61: Unifonn Address System Minor changes were made to this ordinance. Ordinance 62: HuntinYFireanns Mr. Johnson noted that the boundaries have been redrawn on the map. Other Business: Mr. Hinzman updated the Commission on actions taken by the City Council, noting that they approved Hamilton Square, the lot split/variance for Wade Shromoff and the variance for Barry Williams. Commissioner Gamache asked if there is something Andover can do about the City of Anoka selling the park land north of the high school to developers. Commissioner Wells noted that she is against them selling it. Mr. Hinzman stated that the residents of Andover within 350 feet of the property will be notified of public hearings for development of that property and at that time they can voice their opinion. MOTION by Wells, seconded by Gamache to adjourn. Motion carried unanimously. Regular Planning G, ,'nission Meeting August 12,1997 - Minutes Page 6 "-j Meeting adjourned at 8:50 pm. Respectfully submitted, t!jL d$ Vicki Volk Acting Recording Secretary ...