Loading...
HomeMy WebLinkAboutMay 27, 1997 r " '__J ~--.J /- '\, o o u CITY of ANDOVER Andover Planning and Zoning Commission Meeting Agenda May 27, 1997 Andover City Hall 7:00 p.m. 1. Call to Order 2. Approval of Minutes - May 13,1997 3. Public Hearioe:: Lot Split (L.S. 97-03) - 2032 159th Avenue NW (pIN 15-32-24-31-0027) - Gerald Ryding. 4. Public Hearioe:: No Wake OrdinanceIRum River. 5. Public Hearioe:: Amend Ordinance No.8, Section 4.30, Home Occupations - Regarding Non-conforming Home Occupations. 6. Variance Continued (V AR 97-03) - Construct Accessory Structure in Excess of 100% Coverage of Principal Dwelling - 16150 Makah Street NW - Steve Mickelson. 7. Variance (V AR 97-06) - Fence Height - 3390 Bunker Lake Boulevard NW - TutorTime Daycare Center - ANDTT Building Partnership, LLP. 8. Variance (V AR 97-07) - Fence Height - 14509 Round Lake Boulevard NW - Melissa Hein. 9. Approve Redevelopment Plan - Andover Public Works Building- Economic Development Authority - City of Andover. 10. Ordinance Review: Ordinance No. 45, Regulating Sale of Cigarettes Ordinance No. 46, Regulating Swimming Pools Ordinance No. 47, Regulating Park Commission 11. Other Business 12. Adjournment , .' Q u CJ u u CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW. . ANDOVER. MINNESOTA 55304 . (612) 755-5100 PLANNING AND ZONING COMMISSION MEETING - MAY 27, 1997 MINUTES The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Randy Peek on May 27, 1997, 7:00 p.m. at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Maynard Apel, Lynnette Barry, Mike Gamache (arrived at 7:03 p.m.), Jeff Luedtke, Lorna Wells Jay Squires City Planning, John Hinzman City Planning, Jeff Johnson Others Commissioner absent: Also present: APPROVAL OF MINUTES May 13, 1997: Page 4, second Motion on the page, correct to say, "Motion carried on 'a 5-Yes, 2-Absent (Gamache, Luedtke) vote. MOTION by Apel, Seconded by Barry, to approve. Motion carried on a 4- Yes, 1-Present (Luedtke), 2-Absent (Gamache, Squires) vote. PUBLIC HEARING: LOT SPLIT - 2032 159TH AVENUE NW - GERALD RYDING 7:01 p.m. Mr. Hinzman reviewed the 6.3-acre parcel into two parcels of located at 2032 159th Avenue NW Suburban. request 2.5 and and is of Gerald Ryding to split a 3.8 acres. The property is zoned R-3, Single FamilJ (Commissioner Gamache arrived at this time, 7:03 p,m.) Mr. Hinzman reviewed the applicable ordinances noting both parcels meet or exceed the minimum requirements. No variances are being requested. The proposal has been checked by the Building Official for buidability, and there are no setback issues resulting from existing buildings. Staff is recommending approval with stipulations. MOTION by Luedtke, Seconded by Wells, to open the public hearing. Motion carried on a 6-Yes, 1-Absent (Squires) vote. 7:05 p.m. There was no public testimony. MOTION by Luedtke, Seconded by Wells, to close the public hearing. Motion carried on a 6-Yes, 1-Absent (Squires) vote. MOTION by Luedtke, Seconded by Wells, to forward to the City Council for approval the Resolution granting the request of Gerald Ryding as prepared by Staff. Motion carried on a 6-Yes, 1-Absent (Squires) vote. This will be placed on the June 17, 1997, City Council agenda. 7:07 p.m. / " j , ,~) Regular Andover Planning and Zoning Commission Meeting Minutes - May 27, 1997 \ Page 2 / PUBLIC HEARING: NO WAKE ORDINANCE/RUM RIVER 7:07 p.m. Mr. Johnson reviewed the proposed ordinance to regulate the operation and speed of watercraft on the Rum River to prevent and limit the erosion which is occurring to the banks and shoreline of the river. Andover's City Council met with Councilmembers and representatives from the Cities of Ramsey and Anoka to discuss the issue of establishing a No Wake or Slow Wake Ordinance along the entire common boundary of the Rum River. The Councils agreed to draft similar ordinances. The proposed ordinance is identical to those of Anoka and Ramsey. Anoka adopted the ordinance in 1991, and Ramsey just recently adopted it. Chairperson Peek placed a letter into the record from Lyle Bradley supporting the ordinance. MOTION by Barry, Seconded by Wells, to open the public hearing. Motion carried on a 6-Yes, I-Absent (Squires) vote. 7:10 p.m. ) Loren Enqles, 1853 159th Avenue - believed this ordinance will eliminate all fishing boats from the river. It would take two hours to get up the river at 5 mph if a boat is put in the river at Anoka; then another two hours back. He lives on the river and has fished it for over 50 years. The only problem has been since the jet ski traffic. It is not the fishermen causing the problem. The floods and ice in the spring do more damage in one year than 50 years of driving a boat down the river. He understands that many people want to keep the river quiet and for canoeing, but it isn't fair to take this away from the people and kids who want to fish. In talking to people, he found that very few know about this proposal. He felt the proposal deserves more consideration and asked for more time to let people know and to organize those who fish the river to petition against the ordinance. Dr. Yeaqer, 4810 Marvstone Boulevard - stated he and his wife have liveJ in their house for 29 years and have witnessed the growth. He supports this ordinance. He has a pontoon boat with a big motor to make sure he can get up stream. Over the years they have seen a lot of speed boats creating enormous wakes. The jet skis, noticeable as of last year, are noisy and create big wakes. To prevent damage to the river, he felt this type of ordinance is needed. It is more beneficial than to exclude boats completely. Bud Larson, 16404 Arqon Street - has been on the river since 1976. He is in favor of the No Wake Ordinance. He's seen an increase in the larger boat traffic. When it was a canoeing river, he seldom saw boats of any size. Now there are pontoon and speed boats and jet skis. On behalf of the river and the residents, he is strongly in favor of the ordinance. Mrs. Yeaoer, 4810 Marvstone Boulevard - represents their family and / another at the end of Marystone. She was sure Mr. Engles was a conscientious person and was not the person she saw yesterday on the river. There were three 20-foot boats with hugh motors loaded with children and adults speeding up the river. Last year on three different \. ,/ '- ) Regular Andover Planning and Zoning Commissi~n Meeting Minutes - May 27, 1997 Page 3 / (Public Hearing: No Wake Ordinance/Rum River, Continued) occasions while having a picnic on their pontoon, about ten jet skiers raced by just a short distance from the Boy Scout Camp. Once past that camp, there are rocks and rapids; so she didn't know how much further north they could go. She didn't want to take anything away from the young people, but she did think the no wake needs to be enforced. Lyle Bradley and others have seen the erosion. If Anoka has this ordinance, there is no reason why Andover and Ramsey shouldn't have it also. She wants to keep the Rum River beautiful and sees it being destroyed and trees falling in the river because the soil is being eroded. There was a brief discussion with members of the audience and Mr. Engles regarding the speed of the boats, erosion and fishing on the river. / Skip Rither. 17410 Blackfoot Street - has lived here since 1968 and has seen an increase in the use of the river. There have been very large boats, speed boats and jet skis as high as 174th. The River is in the Anoka sand plain, the banks are extremely fragile and slopes quite steep. He had several photographs as evidence of the eroding river banks in several areas along the river. It is true that when the high water and ice go out, there is quite a bit of scouring going on. The slope used to be on his side of the river; but due to the power of the river and probably a limited amount of boat traffic, the bank on their side is slowly eroding. Over time the river will naturally change; but when wakes are added by the big boats and jet skis, it really impacts the nature of the river in ways people don't quite fully understand. This ordinance is for the river, not for individuals. If the river continues to be impacted this way, future generations will not be able to enjoy the same natural beauty there is now. The river is part of the DNR Wild and Scenic River system, which means there are some restrictions imposed already. Mr. Rither continued the county is proposing to develop a large park to the north which will include a boat ramp. He was not able to get any assurances on the type of boats that will be allowed in there from that site. He felt this ordinance is absolutely necessary in order to protect the river. MOTION by Wells, Seconded by Luedtke, to close the public hearing. Motion carried on a 6-Yes, 1-Absent (Squires) vote. 7:28 p.m. The Commission asked about Federal funds available to protect the river, enforcement of the ordinance, the cost of that enforcement and studies of the erosion. Mr. Johnson was not aware of any Federal funds. The enforcement of the ordinance will be done by the Anoka County Sheriff's Department water patrol. He did not know what the additional cost would be. That would be determined at the time the contract with the Sheriff's Department is negotiated. Once adopted, Andover will meet with the other two communities and the Sheriff's Department to discuss its enforcement, signing of the river, etc. Also, after City Council approval, it will be sent to the DNR for their review. He estimated this will not be in place until 1998. Enforcement may be difficult if the ordinance has been adopted by Anoka and Ramsey but not by Andover. He was not aware of any studies done regarding erosion on the river, though he could research that further. '- J ,j Regular Andover Planning and Zoning Commission Meeting Minutes - May 27, 1997 Page 4 I (Public Hearing: No Wake Ordinance/Rum River, Continued) MOTION by Wells, Seconded by Apel, to forward to the City Council a recommendation to strongly support this ordinance and to put an attachment to the City Council to ask the DNR to do a speedy review so that it is enacted this summer. Motion carried on a 4-Yes, 2-No (Barry, Gamache), I-Absent (Squires) vote. This will be on the June 17, 1997, City Council agenda. The Commission informed Mr. Engles he would have three weeks to inform residents and organize before it is heard by the City Council. 7:35 p.m. PUBLIC HEARING: AMEND ORDINANCE NO.8, SECTION 4.30, HOME OCCUPATIONS _ REGARDING NON-CONFORMING HOME OCCUPATIONS 7:35 p.m. Mr. Johnson explained Staff met with the City C0uncil regarding the non-conforming home occupations existing prior to May 15, 1990, the date from when the ordinance was strictly enforced. The concept of the ordinance before the Commission is to allow all of those non-conforming home occupations to obtain a Special Home Occupation Permit which would be granted administratively, not through the hearing process. All applications would be granted this permit. The honor system will be used regarding the conditions being reported by the applicant. Those conditions would then have to be adhered to and the non-conforming home occupation would not be allowed to increase the size or manner of operation. Complaints would be investigated related to nuisances, health and safety concerns or complaints related to the conditions of the permit. This eliminates complaints based on personalities and other matters. If the property owner is unwilling to cooperate with Staff to correct a complaint, the permit for the hom2 occupation would be subject to revocation and, if needed, legal action. The City Attorney has reviewed this proposed ordinance amendment and application form and agrees with the language proposed. Staff supports the amendment. In answering questions of the Commissioners, Mr. Johnson noted the inspection process has been taken out of this ordinance. It is an honor system, and the applicant cannot expand the business from the conditions noted in the application form. This will not prevent the Fire Marshal or Building Official from making inspections as deemed necessary. Commissioner Wells was concerned with the taxes to be paid on these home occupations, and what is the incentive for someone to come up and get the permit. Mr. Johnson stated that is an issue with the Anoka County assessor, but those businesses in Andover that are run from residences are taxed at a commercial rate. Right now there are about 75 businesses on the tax rolls where the homestead residence is primary with a secondary use as a commercial occupation. He did not know if that would also apply to the non-conforming occupations being addressed by this ordinance. This approach has been taken in other communities to give special acknowledgement to those people who have been operating for 10, 15 or 20 years and the ordinance was never enforced. " / ~) Regular Andover Planning and Zoning Commission Meeting Minutes - May 27, 1997 Page 5 / (Public Hearing: Amend Ordinnace 8, Section 4.30, Home Occupations _ Regarding Non-Conforming Home Occupations, Continued) Chairperson Peek noted the language for the one-year time frame is not in the ordinance. He also noted there is no criteria for what is and is not allowed by these businesses and there is no public hearing process. There is no provision for notifying neighbors that a permit will be granted to continue the business out of that home. Mr. Johnson stated the one-year time frame will have to be discussed further by the City Council and language added. If an application is not made within the one-year time frame allotted, the City would have the authority to require the business to cease operations. That too needs to be addressed further. He stated Staff is not entitled to make a decision about how many cars is allowed, etc. Whatever is taking place now in the business will be allowed to continue, but not to expand. Inspections can be done to verify the information on the application. If there is a complaint, they would contact the person by phone or mail indicating the nature of the complaint. If there is a violation or problem, they would give a reasonable period of time to correct it. Commissioner Barry had some concern with the complaint process, preferring to see that there be more than one complaint. Her concern is with the validity of the complain. Historically they have seen competitors complaint, and it gets to be an emotional issue. Commissioner Apel stated Staff can use common sense on these issues. Chairperson Peek didn't feel it should take more than one complaint if there is a fire/safety issue. Commissioner Barry also wondered how many more Staff people will be needed to enforce the ordinance. Commissioner Wells saw problems with the ordinance, in that there is no teeth for revocation. She hoped that at a minimum the Building Department and Fire Department will be notified as these applications come in. Commissioner Apel argued the City has been without a good ordinance since 1990 relating to those home occupations operating prior to that time. He again felt that common sense should prevail regarding the fire and safety issues. People do not want to put themselves and their families in danger either. Mr. Johnson stated this is not circumventing the state laws that the Building Official and Fire Department enforce. The applications will be reviewed, and Staff has an obligation to turn over to the Fire Marshal or Building Official anything that raises a flag of concern. Staff will not be making on-site inspections of these operations. Commissioner Wells asked about the City's liability. Mr. Johnson stated the City Attorney has addressed that issue. To his knowledge, no liability issue is seen. MOTION by Barry, Seconded by Wells, to open the public hearing. Motion carried on a 6-Yes, I-Absent (Squires) vote. 8:07 p.m. J James Junker. 13503 Crooked Lake Boulevard - was concerned that one person can make a complaint. That happened to him and people were making up stories about his business. He questioned the honor system and the honor of the City Staff, alleging they quoted two different I '- ) Regular Andover Planning and Zoning Commission Meeting Minutes - May 27, 1997 \ Page 6 . / (Public Hearing: Amend Ordinnace 8, Section 4.30, Home Occupations _ Regarding Non-Conforming Home Occupations, Continued) things about his operation. He felt there should be at least three complaints on the public record; otherwise it's like going back to grade school accusations. Staff has already notified the county about his business, as his taxes have increased by $600 on a garage where he keeps mostly personal things. He asked that things be done honestly and not stories made up that affects peoples' lives. Ron Staffeld. 1514 148th Avenue - asked about the expansion of these businesses. Mr. Johnson stated once the application comes in, the non- conforming home occupations will not be allowed to expand. Mr. Staffeld - understood those coming in after 1990 can get a special hearing for variances or a Special Use Permit. He wondered if those before 1990 will then be grandfathered in and not have an opportunity for a hearing to expand. Commissioner Apel stated everyone has an right to apply for a variance or Special Use Permit, but that doesn't mean it will be approved. That is the decision of the City Council. Mr. Staffeld - asked about the definitions of various uses, what is allowed and what uses need a Special Use Permit. Commissioner Apel noted that is spelled out in the ordinance and those questions can be answered by Staff when people come in. J MOTION by Luedtke, Seconded by Barry, to close the public hearing. Motion carried on a 6-Yes, 1-Absent (Squires) vote. 8:15 p.m. Commissioner Apel noted this has been back and forth between the Commission and Council several times. He hoped the Staff and people involved will be impartial in their enforcement. He felt this is a place to start and would recommend sending it to the City Council for approval. Commissioner Wells was concerned with the entire concept. She felt Staff is not being given any backing and that there is more gray area than specific criteria, but she agreed something should be done about this issue. Commissioner Barry felt this proposal is better than the other, but it is not perfect. She felt there should be more of an educational process to those people that have home occupations. There have been comments that something might have to be turned over. If she had a home occupation, she wouldn't be comfortable with that. The applicants should know exactly what will happen and what is or is not allowed. She is also concerned that additional Staff will be needed to enforce this, which means an increase in tax dollars. While she would prefer more than one complaint before action is taken, she understands the reason for leaving it at one. That is no longer a valid issue for her. Chairperson Peek felt this has become a political issue as opposed to a legislative one. He felt the Council is happy with this approach. I Commissioner Apel recalled there was a back lash from the last ordinance passed on non-conforming home occupations. The Council has taken the approach of not wanting to push people out of their home occupations. It is best to error on the conservative side. He felt that 90 percent " / " ~ Regular Andover Planning and Zoning Commission Meeting Minutes - May 27, 1997 Page 7 (Public Hearing: Amend Ordinnace 8, Sectio~ 4.30, Home Occupations _ Regarding Non-Conforming Home Occupations, Continued) of the home occupations are just fine. For the margin of 10 percent, this is unenforceable. The only concern he has is with those of public safety or public health. Commissioner Wells stated it would be a big problem if someone's child got hurt from a home occupation that the City approved. She felt they are "hanging the Staff out to dry." Commissioner Apel commented the worst can always happen, but he preferred to look at the positive. The reason for allowing home occupations is so people can make a living. There are many of those in the City, and the City will not be able to get to 100 percent of the problems. Commissioner Luedtke stated the reason this hasn't been acted upon in seven years is because there isn't a legal leg to stand on. If the City Attorney is stating this is legal for what the City is trying to do, he is in favor of it. MOTION by Apel, Seconded by Gamache, that the Planning and Zoning Commission forward to the City Council with a recommendation for approval Ordinance No.8, Section 4.30, Home Occupations, as presentej by Staff. A public hearing was held. Motion carried on a 3-Yes (Apel, Gamache, Luedtke), 3-No (Peek, Barry, Wells), 1-Absent (Squires) vote. This will be placed on the June 17, 1997, City Council agenda. 8:30 p.m. VARIANCE CONTINUED - CONSTRUCT ACCESSORY STRUCTURE IN EXCESS OE' 100 PERCENT COVERAGE OF PRINCIPAL DWELLING - 16150 MAKAR STREET NW - STEVE MICKELSON Mr. Johnson reported research has shown that the property at 16150 Makah Street meets the five-acre requirement, which allows the applicant to construct an accessory structure in excess of 100 percent of the principal structure. The applicant will be refunded the variance fee. (Councilmember Wells left the meeting at this time, 8:31 p.m.) VARIANCE - FENCE HEIGHT - 3390 BUNKER LAKE BOULEVARD NW - TUTOR TIME DAY CARE CENTER - ANDTT BUILDING PARTNERSHIP, LLP Mr. Johnson reviewed the request of ANDTT Building Partnership, LLP, to construct a fence exceeding four feet in height in the minimum fron~ yard setback on property at 3390 Bunker Lake Boulevard NW, Lot 1, Block 1, Woodland Terrace. The property is zoned PUD/NB. He noted the applicable ordinances and explained the intent is to construct a six- foot high vinyl coated chain link fence fer security reasons. The Commission noted it recently recommended approval of a similar request for a day care on Bunker Lake Boulevard just east of Hanson Boulevard. MOTION by Barry, Seconded by Luedtke, to forward to the City Council approval of the Resolution for the TutorTime Daycare Center fence as presented by Staff. Motion carried on a 5-Yes, 2-Absent (Squires, Wells) vote. This will be placed on the June 17 City Council agenda. ., \. ,/ '- j Regular Andover Planning and Zoning Commission Meeting Minutes - May 27, 1997 , Page 8 VARIANCE - FENCE HEIGHT - 14509 ROUND LAKE BOULEVARD NW - MELISSA HEIN Mr. Johnson reviewed the request of Mike and Melissa Hein to construct a fence exceeding four feet in height in the minimum front yard setback at 14509 Round Lake Boulevard. The property is zoned R-4, Single Family Urban. The request is to construct a six-foot high wood fence due to traffic noise created on Round Lake Boulevard. It will also be screened by vegetation, so most of it will not be visible from the road. There are letters from nearby residents indicating they have no problem with the six-foot high fence in the front yard. In fact, they encourage it. MOTION by Apel, Seconded by Gamache, to recommend that the Planning and Zoning Commission forward to the City Council with the recommendation for approval a Resolution granting the variance request of Mike and Melissa Hein to construct a fence in excess of four feet on the front of their property; fence to be six feet high. Motion carried on a 5-Yes, 2-Absent (Squires, Wells) vote. This will be placed on the June 17, 1997, City Council agenda. APPROVE REDEVELOPMENT PLAN - ANDOVER PUBLIC WORKS BUILDING - ECONOMIC DEVELOPMENT AUTHORITY - CITY OF ANDOVER Mr. Hinzman asked the Commission to review the Redevelopment Plan for the Andover Public Works Building which is consistent with the Comprehensive Plan Land Use Plan and other official controls implementing the Plan. This Redevelopment Plan is necessary to allow the Economic Development Authority to issue pt:.blic project revenue bonds to finance the construction of a new Public Works Building. The City will then lease with the option to purchase the building from the EDA pursuant to Minnesota Statutes, Section 465.71. Commissioner Apel agreed with the proposal, noting this is a legal formality. Commissioner Barry would like to have more information presented to them and the residents detailing the size of the building, cost and funding sources for the proj ects like this Public Works expansion, the new City Hall, the Sunshine Park project, etc. Neighbors ask her questions about these projects all the time, plus she watches the Council meetings, and she still doesn't really know those details. She understood this is a formality, but this is a significant item about which they should be provided more detailed information. She'd also like to see something published so the residents know as well. Chairperson Peek felt those comments are valid and should be part of the record, but the Commission is charged with determining the consistency of this Plan with the Comprehensive Plan. There are other checks and balances in terms of the budget. MOTION by Apel, Seconded by Luedtke, that the Planning and Zoning Commission forward to the City Council with the recommendation for j approval the Resolution of the Andover Planning Commission concerning the Economic Development Authority with respect to the Public Works building. Motion carried on a 5-Yes, 2-Absent (Squires, Wells) vote. , , '"- ..,/ ,--J Regular Andover Planning and Zoning Commission Meeting Minutes - May 27, 1997 Page 9 / ORDINANCE REVIEW - ORDINANCE NO. 45, REGULATING SALE OF CIGARETTES Mr. Johnson explained this ordinance will be updated. There have been recent changes in the laws regulating the sale of cigarettes which will be included in the updated ordinance. Staff will do more research on that and bring the item back for consideration. ORDINANCE REVIEW - ORDINANCE NO. 46, REGULATING SWIMMING POOLS Mr. Johnson explained the Building Official will be reviewing this ordinance in conjunction with the Building Code. Some of the lar.guage will need to be updated. This will be brought back for consideration when it is updated. ORDINANCE REVIEW - ORDINANCE NO. 47, REGULATING PARK COMMISSION Mr. Johnson stated this ordinance will be given to the Park and Recreation Commission to see if there is anything they want to review. There will be some language changes, but he does not anticipate any major changes. He also noted that a task force will be established to review and recommend changes to the Zoning Ordinance. Both the Comprehensive Plan and the Zoning Ordinance must be updated by the end of 1998. OTHER BUSINESS Busing - Commissioner Barry thought there was new legislation on bussing children with regard to the distance from schools. It could affect the foot traffic to the schools. Mr. Hinzman stuted he was not aware of it but would check into it. May 20 City Council Meeting - Mr. Hinzman reviewed the actions of the City Council taken at their May 20 regular meeting. He also reminded those Commissioners on the Comprehensive Plan Task Force of a meeting scheduled for Thursday, May 29, 1997. MOTION by Luedtke, Seconded by Barry, to close the Planning and Zoning Commission meeting. Motion carried on a 5-Yes, 2-Absent (Squires, Wells) vote. The meeting adjourned at 9:02 p.m. / Res::l~~l Mar lla A. Peach Recor ing Secretary