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HomeMy WebLinkAboutJuly 22, 1997 , -, \ ,----I /- ~ '--') /\ '-) o r-:/_,_" \1 /-.~; j Lr,-,,~l , Ire? -' I ~, c' I' .-' u CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW. . ANDOVER, MINNESOTA 55304 . (612) 755-5100 Andover Planning and Zoning Commission Meeting Agenda July 22, 1997 Andover City Hall 7:00 p.m. I. Call to Order 2. Approval of Minutes - June 24, 1997 3. Public Hearinl!: Lot SpIit/Variance (L.S.N AR 97-06) - 14572 Dakota Street NW - Wade Schrornoff. 4. Variance (V AR 97-10) - Construct Deck Encroaching into the Sideyard Setback - 3467 142nd Lane NW - Brian Williams. 5. Accept Withdrawal of Special Use Permit Applications: - Lawrence Cardinal - 15785 Nightingale Street NW - James and Kathleen Junker - 13503 Crooked Lake Blvd. NW 6. Ordinance Review: Ordinance No. 223, Rum River Scenic River Ordinance No. 227, Regulating Cigarette Sales. Ordinance No. 232, Regulating Outdoor Parties Ordinance No. 233, Regulating Dogs & Cats Ordinance No. 235, Intoxicating Liquor Ordinance 7. Other Business 8. Adjournment ( , ....) () /\ \J CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW. . ANDOVER. MINNESOTA 55304. (612) 755-5100 PLANNING AND ZONING COMMISSION MEETING - JULY 22, 1997 MINUTES The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Acting Chairperson Jay Squires on July 22, 1997, 7:04 p.m. at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Maynard Apel, Lynnette Barry (arrived at 7:08 p.m.), Mike Gamache, Jeff Luedtke, Lorna Wells Randy Peek City Planning, John Hinzman City Planning, Jeff Johnson Others Commissioner absent: Also present: APPROVAL OF MINUTES June 24, 1997: Correct as written. C) MOTION by Luedtke, Seconded by Wells, to approve as recorded. Motion carried 3-Yes (Gamache, Luedtke, Wells), 2-present (Apel, Squires), 2- Absent (Barry, Peek) vote. PUBLIC HEARING: SHROMOFF LOT SPLIT/VARIANCE - 14572 DAKOTA STREET NW - WADE 7:05 p.m. Mr. Hinzman reviewed the lot split/variance request of Wade Shromoff to split the western 1,255.6 +/- square feet from the lot owned by James and Judy Servidio at 14572 Dakota Street NW and combine it with property at 14571 Eldorado Street NW in the Meadows of Round Lake. Variances are requested for the minimum lot size and depth of the remnant parcel. The triangular remanent parcel is approximately 31 by 81 feet and will be legally bound to Lot 17, Block 3 so they cannot b2 sold separately. It was thought the property line began at a utility box 31 feet east of the actual line, and Mr. Shromoff is proposing to use that utility box for his northeast property corner. (Commissioner Barry arrived at this time, 7:08 p.m.) Mr. Hinzman noted the applicable ordinances, stating Staff is recommending approval with conditions. This is similar to other splits in platted areas, as it is the only way to change lot lines without replatting. Commissioner Wells stated the area is just grass with no structure. The original intent when platted is where the lot lines are ,- '\ currently with the irons in the ground. There is no hardship. ~ Commissioner Apel stated in the past the City has allowed neighbors to exchange small parcels of land. The City itself even made adjustments in lot lines years ago in Auditor's Subdivision 42 because of an error in the lot descriptions. \ , " ) , \-J Regular Andover Planning and Zoning Commission Meeting Minutes - July 22, 1997 Page 2 (Public Hearing: Lot Spli t/Variance - 14572 Dakota, Shromoff, Continued) Mr. Hinzman stated both lots will still meet the minimum lot size and setback requirements if this lot split/variance is approved, and there will be no effect on the values of any of the surrounding area. MOTION by Luedtke, Seconded by Wells, to open the public hearing. Motion carried on a 6-Yes, 1-Absent (Peek) vote. 7:14 p.m. Wade Shromoff. 14571 Eldorado Street NW - stated he bought the property about three years ago. When he moved in, the neighbor on Dakota had already sodded his yard to where he thought the property line was. When he sodded his yard, he included that remaining portion of this triangular area. Neither he nor the neighbor realized where the property line was until the end of last summp.r when they looked at the plat design. He put in the grass and maintained this triangular area, and his neighbor has approved to having the lot line moved to include that area with his lot. They want to move the lot line legally. MOTION by Barry, Seconded by Wells, to close the public hearing. ~otion carried on a 6-Yes, 1-Absent (Peek) vote. 7:16 p.m. Commissioner Wells disagreed with this as it also affects many other things. All legals are public record; and those purchasing property are J responsible to see where those legals are. She was concerned that there will be more and more of these, negating the intent of the plats. In this case there is no physical structure nor a problem with the easement. Mr. Hinzman stated the legal descriptions of both parcels will have to be redone and new property identification numbers assigned at the county level. Acting Chairperson Squires was comfortable with the proposal since the variance is only for the remnant parcel which will immediately be attached to Shromoff I s parcel. Plus all applicable setbacks anJ minimum lot sizes will be retained. This is not the traditional variance where something doesn I t meet the minimum standards. Commissioner Apel stated the Commission is asked to look at a variance in terms of the City ordinance. It is a neighborhood agreement which has been approved in the past. Much of this is common sense. MOTION by Apel, Seconded by Luedtke, to forward to the City Council the Resolution approving the lot split/variance request as presented by Staff. Motion carried on a 5-Yes, 1-No (Wells), 1-Absent (Peek) vote. This will be placed on the August 5, 1997, City Council agenda. 7:25 p.m. VARIANCE - CONSTRUCT DECK ENCROACHING INTO THE SIDEYARD SETBACK - 3467 142ND LANE NW - BRIAN WILLIAMS Mr. Johnson reviewed the request of Brian Williams for a variance to construct a deck encroaching into the required 10-foot sideyard setback at 3467 142nd Lane NW, Lot 6, Block 1, Kadlec Second Addition. The J , ~-j Regular Andover Planning and Zoning Commission Meeting Minutes - July 22, 1997 Page 3 (Variance - Deck Encroaching in Sideyard Setback - 3467 142nd Ln, Cont.) 10x14-foot deck would encroach 2 1/2 feet into the required sideyard setback and would be partially screened by vegetation. He showed pictures of the proposed location of the deck and surrounding area. Similar variances have been granted in the past encroaching into the sideyard setback by as much as three feet. The house was built in 1985. Brian Williams. 3467 142nd Lane NW - stated he has neighbor and presented a signed letter from William and 3455 142nd Lane NW stating they approve of the proposal. face the neighbor's garage and kitchen window. talked to his Vicki Swanson, The deck will The Commission questioned the amount of the variance. Mr. Johnson explained the posts will be set 2 1/2 feet inside the setback. A variance never includes the cantilever, which is a permitteJ encroachment into the setback by ordinance. Commissioner Barry stated she has expressed her opinion in the past that when house plans include sliding glass doors to the side, it should be presumed that a deck will be constructed at some point and that the location of the house should allow for that construction. This should be done in the initial approval of the plan. Commissioner Apel explained the ordinance was amended in 1991 to require an extra five feet so these types of variances are not needed. MOTION by Wells, Seconded by Barry, to forward to the City Council the variance based on precedence but also its effect on the other home and no objections from the neighbors, the Resolution as presented by Staff. Motion carried on a 6-Yes, I-Absent (Peek) vote. This will be placed on the August 5, 1997, City Council agenda. ACCEPT WITHDRAWAL OF SPECIAL USE PERMIT APPLICATIONS Mr. Johnson asked the Commission to accept the withdrawal of the Special Use Permit applications for home occupations from Lawrence Cardinal, 15785 Nightingale Street NW, and James and Kathleen Junker, 13503 Crooked Lake Boulevard NW. With the amendment to the ordinance tha~ such home occupations will be processed administratively, the Special Use Permit is not needed. Both applicants have been refunded their application fee. Acting Chairperson Squires asked for a motion to accept the withdrawals of the two applicatio~ls. MOTION by Luedtke, Seconded by 6-Yes, I-Absent (Peek) vote. 1997, City Council agenda. Wells, to so move. Motion carried on a This will be placed on the August 5, ORDINANCE REVIEW: ORDINANCE NO. 223, RUM RIVER SCENIC RIVER Mr. Johnson stated no changes were made to this ordinance. The Commission made the following comments and suggestions: ) ./ Regular Andover Planning and Zoning Commission Meeting Minutes - July 22, 1997 Page 4 (Ordinance Review: Ordinance No. 223, Rum River Scenic River, Continued) * The references to the Minnesota Regulations are outdated. Chairperson Squires suggested Staff check with the DNR updated model ordinance which might reference the regulations. Mr. Johnson stated he would check on those. Acting for an current * Definition on camp sites - Commissioner Wells wondered if camp site should be defined as opposed to campgrounds. There are no campgrounds along the Rum River in Andover, but some places could be considered a camp site. Staff noted the ordinance is based on a model ordinance from the DNR, and any significant changes will need DNR approval. There are no camp si tes in Andover. If something illegal is being done along the river, it is an enforcement problem. No change was recommended. * Page 7, second paragraph, correct, lots under single ownership..." to lots under single ownership..." "If in a group of continuous "If in a group of contiguous ORDINANCE REVIEW: ORDINANCE 227 REGULATING CIGARETTE SALES Mr. Johnson stated Staff checked with other communities regarding the use of vending machines to sell cigarettes. Section 7 has been added to the ordinance to prohibit the use of vending machines to sell t~bacco related products. The Commission agreed with that provision and also made the following comments and suggestions: * Section 6, Item 5: The Commission felt this item about drugs does not belong in an ordinance relating to tobacco sales, as drugs are regulated by other authorities. It was agreed the item should be deleted, and Item 6 be renumbered to Item 5. * Section 7, a), fourth line, change "chome" to "chime". * Section 7, b), second line, correct, "...licensed establishments where..." ORDINANCE REVIEW: ORDINANCE 232 REGULATING OUTDOOR PARTIES Mr. Johnson stated only minor language changes have been made to this ordinance, as it has worked well since .its adoption. The Commission made the following comments and suggestions: * There was concern that the person who pulls the permit must be on the premises during the entire party. Mr. Johnson stated that is covered under Section 6, the second Subdivision 3. * Commissioner Wells wanted to have some notification of the immediate neighbors for those parties that go past sunset. She did not think there would be a problem with parties during the day. / \-J Regular Andover Planning and Zoning Commission Meeting Minutes - July 22, 1997 Page 5 (Ordinance Review: Ordinance No. 232 Regulating Outdoor Parties, Cont.) Mr. Johnson stated the City Clerk reviews the application and a copy is forwarded to the Sheriff's office. Neighbors are not given notice that a permit has been pulled for an outdoor party; but if there is noise, they can call the Sheriff. The application fee is $5 set by Resolution. * Acting Chairperson Squires stated the ordinance does not cover the number of people over the duration of the party. Does there have to be 50 people at the party during the entire time in order for the license to be applicable? Possibly that should be clarified so when the Sheriff is called to the site and there is no permit, action can be taken. Commissioner Barry wondered if this applies to an activity where l50 people come and go throughout the day and possibly into the evening. Commissioner Apel stated this ordinance was adopted in response to field parties which were popular 20 years ago. It was not intended to apply to graduation parties, political gatherings, etc., but to prohibit law-breaking parties after dark. It has worked well. * Section 7, second line, change "except" to "exempt". After further discussion, the Commission agreed that because there have been no problems with the ordinance, it should remain as is with the exception of the error in Section 7. ORDINANCE REVIEW: ORDINANCE NO. 333 REGULATING DOGS AND CATS Mr. Johnson stated Staff has redrafted the ordinance. Twelve other communities have been contacted, and half of them also regulate cats. Some require that cats be licensed, be on a leash, and the number limi ted per residence, the same as dogs. Other communi ties do not require licensing but do enforce a leash law. Staff is recommending cats not be licensed but that they must be leashed and limit the number to three cats of six months of age or over per residence. Commissioner Apel felt in reality the leashing of cats cannot be enforced. Commissioner Barry felt it is a good idea. As the City changes and there are more people and less open spaces, cats become a problem. The ordinance should be the same for both cats and dogs, that is licensed, limited in number and leashed. She cited examples of the problems cats can create in a neighborhood. They can be as much of a nuisance as dogs. Commissioner Wells agreed. Commissioner Barry also argued that unless cats are licensed, how can it be enforced when they come into someone's yard because they were not leashed? Commissioner Apel stated the cats are picked up, and it would be to the benefit of the cat owner to keep it contained. What about the turkey farm that needs many cats to keep down the rodents in the feed? I ~ I..j Regular Andover Planning and Zoning Commission Meeting Minutes - July 22, 1997 Page 6 (Ordinance Review: Ordinance No. 233 Regulating Dogs and Cats, Cont.) At this point, the Commission was divided on the regulation of cats. Commissioners Barry, Wells and Squires favored licensing and regulating the number. Commissioner Luedtke favored ljmiting the number but not licensing. Commissioners Gamache and Apel did not favor regulating cats at all. Mr. Johnson stated he will look at the number of acres for those with farm cats when limiting the number. He also suggested that a public hearing should be held on this ordinance because it may be a resident issue. ORDINANCE REVIEW: ORDINANCE 235, INTOXICATING LIQUOR ORDINANCE Mr. Johnson stated Staff reviewed the ordinances of other cities and the State Statutes and made no changes. The City Clerk has reviewed it and also proposed no change. Acting Chairperson Squires stated effective July or August, the bonds and financial responsibility (referencing Page 7 of the proposed ordinance) will change. Those change over time, so it is important to reference the Statute number, Chapter 466. Page 2, Places Ineligible, Item 2: Acting Chairperson Squires felt it is a legal issue whether the City can revoke a license on the basis of not paying taxes. He suggested the City Attorney be asked to review this item. There were no further Commission comments. OTHER BUSINESS Mr. Hinzman reviewed the actions of the City Council at the July 1 and July 15 regular meetings. He also reported that Adolfson and Peterson is holding an informational meeting with residents regarding the development of the Round Barn site. That meeting is being held on July 29 at the Meadow Creek Church. He also sent a letter to the SuperAmerica station at Round Lake and Bunker Lake Boulevards regarding their propane tank. Their Special Use Permit requires berming, landscaping and no signage on the tank. There is a sign on the tank and no landscaping. Mr. Hinzman updated the Commission on July 1 storm. That work is being completed within three to four weeks. will be financed by the City. the cleanup of the trees from the done now and is expected to be That cost of $100,000 to $200,000 Mr. Hinzman reported the Comprehensive Plan Task Force meeting scheduled for Thursday, July 24, has been cancelled. ) , ',J Regular Andover Planning and Zoning Commission Meeting Minutes - July 22, 1997 Page 7 (Other Business, Continued) Commissioner Wells wondered if the proposed No Wake ordinance will be coming back to the Commission for another public hearing. Mr. Johnso~J stated the direction from the City Council has been to wait for a response from the DNR. The DNR will not make a statement on the need for the ordinance, feeling the need should come from the citizens and the Council should make a determination on whether or not to accept the ordinance. It will be brought to the Council at its August 5 meeting for direction. The DNR also indicated there have been no studies conducted on the Rum River regarding wakes, but cited State Statues to be aware of. One Statute applies no wake speeds to personal water crafts anywhere along the Rum River less than 200 feet across and within 100 feet from boat launch areas or docks. Lvle Bradlev - lives on the Rum River and is very concerned about it. In Ordinance 223 regulating the Rum River, Section 5 notes the intent to preserve and protect the river. The only way to protect that river is to initiate some type of control on the use of high-speed motor boats. Motor boats go up and down that river; some of the larger boats are not creating the problem. It is the very high speed small boats that are tearing the banks. Since moving to their place 42 years ago, they have lost 38 feet of bank, mostly from high-speed motor boats. Three of the neighbors have paid over $10,000 to control the erosion on their banks from high speed motor boats. It is a real problem. The No-Wake Ordinance is very important to preserving the Rum River. Mr. Bradlej' talked about the fragile soil and the erosion from wakes as opposed to natural reasons. He also noted the picture taken by a neighbor showing a jet ski pulling a water skier and cited other instances of problems on the river. The Commission suggested Mr. Bradley attend the August 5 meeting when the No Wake Ordinance will be discussed. Commissioner Wells cited an incident of fishing on the river and the lack of courtesy by others regarding the granting of right of way. She wondered if the Commission should forward to the City Council a request for strict enforcement by the DNR along the river. Mr. Johnson stated any No Wake Ordinance will also have to be coordinated with the City of Ramsey. The Anoka Sheriff's Department has stated in the past three years there have been no accidents recorded on the River, so it has been very safe. There was no further comment or action taken by the Commission. MOTION by Wells, Seconded by Luedtke, to adjourn. Motion carried on a 6-Yes, I-Absent (Peek) vote. The meeting adjourned at 9:35 p.m. ~s=~<<~ ~a~ella A. Peach Recording Secretary