Loading...
HomeMy WebLinkAboutOctober 22, 1996 '\ '-..j f \ U o CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW. . ANDOVER. MINNESOTA 55304 . (612) 755-5100 Andover Planning and Zoning Commission Meeting Agenda October 22, 1996 7:00 p.m. 1. Call to Order ~J " \ 'J 2. Approval of Minutes - October 8, 1996 3. Public Hearing: Special Use Permit (SUP 96-20) - Antenna Tower in Excess of Thirty-Five (35') Feet - 1717 Crosstown Boulevard NW - APT, Inc. 4. Public Hearing: Special Use Permit (SUP 96-17) - Real Estate Sign - Lot 1, Block 3, Meadowlark Heights - First National Bank . of St. Croix Falls on behalf of Scott Lennes, Inc. 5. Public Hearing: Special Use Permit (SUP 96-18) - Real Estate Sign - LoU, Block 3, Meadowlark Heights - Remax Realty on behalf of Scott Lennes, Inc. 6. Public Hearing: Amended Special Use Permit (ASUP 96-19)- Mining Permit - 166xx Hanson Boulevard NW - North Lexington Landscaping. 7. Public Hearing: Variance (96-09) - On-Site Septic System Encroaching into the Setback from the Ordinary High Water (OHW) Mark pursuant to Ordinance No. 52, Scenic River Ordinance - 5167 - 159th Avenue NW - Mary Anderson. 8. Public Hearing: Amend Ordinance No. 40, Lot Split Ordinance. 9. Amend Ordinance No. 108, Shoreland Ordinance. 10. Discussion - Externalities - Update. 11. Other Business 12. Adjournment / " u u o CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW. . ANDOVER, MINNESOTA 55304 . (612) 755-5100 PLANNING AND ZONING COMMISSION MEETING - OCTOBER 22, 1996 MINUTES The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Jay Squires on October 22, 1996, 7:00 p.m. at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Maynard Apel, Lynnette Barry, Jeffrey Luedtke, Randy Peek Jerry Putnam, Lorna Wells Planning Intern, John Hinzman City Planning, Jeff Johnson Community Development Director, Dave Carlberg Others Commissioner absent: Also present: APPROVAL OF MINUTES October 8, 1996: Correct as written. o MOTION by Peek, Seconded by Barry, to approve the Minutes as written. Motion carried on a 3-Yes (Squires, Barry, Peek); 2-Present (Ape1, Luedtke); 2-Absent (Putnam, Wells) vote. PUBLIC HEARING: SPECIAL USE PERMIT - ANTENNA TOWER IN EXCESS OF 35 FEET - 1717 CROSSTOWN BOULEVARD NW - APT, INC. 7:01 p.m. Mr. Johnson reviewed the request of American Portable Telecom to erect wireless communication antennas on top of the existing water tower at 1717 Crosstown Boulevard NW, The antennas would be approximately seven feet above the tower, a total height from the ground of 176 feet. APT will enter into an agreement with the City of Andover to lease approximately 140 square feet inside the tower to store wireless communications equipment, plus lease a portion on top of the water tower in which the three groups of directional antennas will be mounted. The antennas do comply with all ordinance requirements. This is the first request the City has received for the placement of wireless communication antennas on top of the water towers. Commissioner Barry asked about the possible conflict with City's radio transformers. Chuck Wendel, Cellular Real tv Advisors, Inc. stated they have a license from the FCC, and their frequencies are very carefully controlled. There should be no interference with the radio system, They often put their antennas on other structures where three, four or five other uses are around; and there isn't a problem. -,- "- '-../ MOTION by Peek, Seconded by Luedtke, to open the public hearing. Motion carried ona 5-Yes, 2-Absent (Putnam, Wells) vote. 7:10 p.m. There was no public testimony. , \ / , \ U Regular Andover Planning and Zoning Commission Meeting Minutes - October 22, 1996 Page 2 (Public Hearing: Special Use Permit/Antenna Tower/17l7 Crosstown Boulevard - APT, Inc., Continued) MOTION by Barry, Seconded by Luedtke, to close the public hearing. Motion carried on as-Yes, 2-Absent (Putnam, Wells) vote. 7:10 p.m. Mr. Johnson stated one of the conditions of the Special Use Permit is the ability of the City to conduct an annual review and site inspection. Commissioner Peek asked if the applicant would be able to install additional antenna that may project further. Mr. Wendel - stated they did not anticipate needing more than the three groups of three. This Special Use Permit covers the nine antennas. If they would need more, they would come back to this body for an amended Special Use Permit. MOTION by Peek, Seconded by Luedtke, to forward the Resolution drafted by Staff to the City Council with the recommendation for approval with the following change: In the descriptive paragraph in the opening, note that this Special Use Permit is for nine antennas be added. Motion carried unanimously. This will be placed on the November 6 City Council meeting to be held at the Oak View Middle School. 7:13 p.m. PUBLIC HEARING: SPECIAL USE PERMIT - REAL ESTATE SIGN - LOT 1, BLOCK 3, I MEADOWLARK HEIGHTS - FIRST NATIONAL BANK OF ST. CROIX FALLS ON BEHALF OF SCOTT LENNES, INC. 7:13 p.m. Mr. Johnson reviewed the request of First National Bank of St. Croix Falls, Wisconsin, on behalf of Scott Lennes, Inc., to erect a real estate sign on Lot 1, Block 3, Meadowlark Heights Subdivision. He noted the applicable ordinances and criteria to be examined. Staff is recommending approval with conditions. This 32-square-foot sign has already been erected and faces 154th Avenue. A second 60-square-foot real estate sign on this parcel has also been erected which faces University Avenue. Both signs meet the ordinance requirements a~d are set back further than the 10-foot minimum requirement. Mr. Carlberg explained normally there is only one real estate sign per development. In this case, Mr. Lennes has two real estate companies working for him. The ordinance allows one sign per lot frontage. MOTION by Luedtke, Seconded by Barry, to open the public hearing. Motion carried on as-Yes, 2-Absent (Putnam, Wells) vote. 7:20 p.m. There was no public testimony. MOTION by Barry, Seconded by Luedtke, to close the public hearing. Motion carried on as-Yes, 2-Absent (Putnam, Wells) vote. 7:20 p.m. MOTION by Luedtke, Seconded by Peek, to forward to the City Council fOL approval the Resolution prepared by Staff permitting the sign by First National Bank of St. Croix Falls. Motion carried on as-Yes, 2-Absent (Putnam, Wells) vote. This will be placed on the November 6 City Council agenda. 7:22 p.m. \ \J u Regular Andover Planning and Zoning Commission Meeting Minutes - October 22, 1996 Page 3 / PUBLIC HEARING: SPECIAL USE PERMIT - REAL ESTATE SIGN - LOT 1, BLOCK 3, MEADOWLARK HEIGHTS - REMAX REALTY ON BEHALF OF SCOTT LENNES, INC. 7:22 p.m. Mr. Johnson reviewed the request of ReMax Realty to erect a 60-square-foot sign on Lot 1, Block 3, Meadowlark Heights Subdivision facing University Avenue. MOTION by Luedtke, Seconded by Apel, to open the public hearing. Motion carried on a 5-Yes, 2-Absent (Putnam, Wells) vote. 7:24 p.m. There was no public testimony. MOTION by Apel, Seconded by Barry, to close the public hearing. Motion carried on a 5-Yes, 2-Absent (Putnam, Wells) vote. 7:24 p.m. MOTION by Apel, Seconded by Peek, that the Planning and Zoning Commission forward to the City Council with the recommendation of approval of the Resolution presented by the Staff regarding the ReMax Realty sign as presented. Motion carried on a 5-Yes, 2-Absent (Putnam, Wells) vote. This will be placed on the November 6 City Council agenda. PUBLIC HEARING: AMENDED SPECIAL USE PERMIT - MINING PERMIT - 166XX HANSON BOULEVARD NW - NORTH LEXINGTON LANDSCAPING 7:25 p.m. Mr. Hinzman reviewed the background on the request to amend the Special Use Permit of North Lexington Landscaping to continue a soil mining operation at 166xx Hanson Boulevard NW. The original Special Use Permit, issued in 1991, was for five years and expired October 1, 1996. A mining permit was issued in 1989, and the excavated area was graded according to plan. The mined area is approximately two acres and is located 660 feet east of a home owned by the operator's son. The mining operation is screened from view from all land owners. Staff is recommending approval with conditions. Mr. Carlberg stated there have been no complaints filed on the operation in the past five years. Nothing is being proposed in the way of development around that area. Commissioner Barry raised a concern with the 8 p.m. ending time of operation, thinking it seems late. Commissioner Apel stated that is the standard time allowed. Dick Kuiken - stated they never drive past 5 p.m. Two of his sons live in the nearest residence. It is all wetlands around the mined area. MOTION by Luedtke, Seconded by Barry, to open the public hearing. Motion carried on a 5-Yes, 2-Absent (Putnam, Wells) vote. 7:31 p.m. There was no public testimony. MOTION by Apel, Seconded by Luedtke, to close the public hearing. Motion carried on a 5-Yes, 2-Absent (Putnam, Wells) vote. 7:31 p.m. / MOTION by Apel, Seconded by Peek, to forward the resolution as presented by Staff to the City Council with our recommendation that it be approved as written. Motion carried on a 5-Yes, 2-Absent (Putnam, Wells) vote. This will be on the November 6 City Council agenda. 7:33 p.m. \ \~) u Regular Andover Planning and Zoning Commission Meeting Minutes - October 22, 1996 Page 4 \, J PUBLIC HEARING: VARIANCE/ON-SITE SEPTIC SYSTEM ENCROACHING INTO THE SETBACK FROM THE ORDINARY HIGH WATER MARK PURSUANT TO ORDINANCE NO. 52, SCENIC RIVER ORDINANCE - 5167 159TH AVENUE NW - MARY ANDERSON 7: 33 p. m. Mr. Hinzman reviewed the request of Mary Anderson to construct a replacement on-site sewage treatment system 35 feet from the Ordinary High Water Mark, infringing upon the 100-foot setback. The property is zoned R-1, Single Family Rural, and is located within the Rum River Scenic River District. The Department of Natural Resources has inspected the property and indicated the proposal would not be detrimental to either the protected waterway or slope. The lot is approximately 31,500 square feet containing approximately 240 feet o~ Rum River shoreline with a depth ranging from 130 to 140 feet. The bluff line is minimal and located 16 feet from the drop boxes and drainfield. The well is located to the north of the residence. Construction of the home pre-dates incorporation of the City and was acquired through annexation from the City of Ramsey. The size of the lot creates an exceptional circumstance unique to the property. A similar setback variance of approximately 30 feet was granted to 17230 Aztec Street in 1991. Staff is recommending approval with conditions. MOTION by Apel, Seconded by Luedtke, to open the public hearing. Motion carried on a 5-Yes, 2-Absent (Putnam, Wells) vote. 7:40 p.m. \ The Commission questioned why the drainfield couldn't be oriented in a 'J north-south direction to reduce the infringement into the setback. Marv Anderson - explained the drainfield will be placed only a few feet south of the existing one. It is almost between the corner of the house and the garage. She reviewed the steps taken and people contacted in an effort to place the drainfield in the best location. Four soil borings were done. She did not know if a north-south orientation was contemplated. Mr. Carlberg explained one of the reasons for the location as proposed is because of the property to the south, th ') setbacks and the well separation per the health code. The property to the south also has a drainfield that may be having a problem. This was considered the best location by the people who did the soil borings and drawings based on the setbacks and location. In discussing this with the Building Official, this is a better location than the existing drainfield. The DNR has reviewed it and is comfortable with the location based on the lot size. MOTION by Apel, Seconded by Luedtke, to close the public hearing. Motion carried on a 5-Yes, 2-Absent (Putnam, Wells) vote. 7:47 p.m. Commissioner Peek stated the only issue is the orientation of the drainfield. Experts have looked at this, and he assumed the location proposed has some rationale behind it. He would be leery of looking at a different orientation. \, J MOTION by Peek, Seconded by Apel, to forward the Staff prepared Resolution to the City Council with the recommendation for approval. Motion carried on a 5-Yes, 2-Absent (Putnam, Wells) vote. This will be placed on the November 6 City Council agenda. 7:48 p.m. \ J , \ \.._) Regular Andover Planning and Zoning Commission Meeting Minutes - October 22, 1996 Page 5 / PUBLIC HEARING: AMEND ORDINANCE NO. 40, LOT SPLIT ORDINANCE 7:48 p.m. Mr. Carlberg explained the request is to consider amending the Lot Split Ordinance to allow the splitting of lots or parcels of land zoned for commercial and industrial uses. When the ordinance was written in 1977, it applied to residential lots only. When a site on commercial property is to be split, it must go through the entire platting procedure, which is labor intensive. In an attempt to allow some flexibility, this amendment is being proposed to allow the splitting of commercial and industrial properties through this process. Also, the City is developing the commercial properties; and there are times when it is necessary to create a parcel based on the business itself. This would allow that process instead of going through the platting process which could take months. The only change is in th~ definitions, Section 1. Commissioner Apel stated as proposed, a three-year waiting period between lot splits on any parcel would be required for residential but not commercial property. He asked why commercial property should have more rights than the residential taxpayers. If the commercial interests can use the Lot Split Ordinance to get around the Platting Ordinance, why shouldn't the residents be allowed to do the same? Mr. Carlberg stated the platting process is much longer and deals with I the street layouts and other items. The properties in the commercial area are along streets where the street layout and improvements are not affected. Commissioner Peek agreed with Commissioner Apel on the three-year wai ting period for residential and commercial in Subsection B. The treatment should be the same for both commercial and residential areas. The other Commissioners agreed. Chairperson Squires stated that by losing the ability to steer commercial areas through the platting process, the City is losing the ability to look at it from a global perspecti ve and consider frontage roads, adj acent properties, accessibility, etc. MOTION by Apel, Seconded Motion carried on a 5-Yes, There was no public input. by Luedtke, to open the public hearing. 2-Absent (Putnam, Wells) vote. 8:00 p.m. MOTION by Apel, Seconded by Barry, to close the public hearing. carried on a 5-Yes, 2-Absent (Putnam, Wells) vote. 8:00 p.m. Motion MOTION by Peek, Seconded by Luedtke, to forward the Staff prepared Ordinance amendment to the City Council with the recommendation for approval with the following change: Item B, strike all bold underlined additions and the paragraph to read as it currently reads. A public hearing was held and there was no comment. Motion carried on a 5-Yes, 2-Absent (Putnam, Wells) vote. This will be placed on the November 6 City Council agenda. 8:01 p.m. Regular Andover Planning and Zoning Commission Meeting Minutes - October 22, 1996 Page 6 AMEND ORDINANCE NO. 108, SHORELAND ORDINANCE Mr. Hinzman explained the Minnesota Department of Natural Resources has requested some changes to the City's Shoreland Ordinance in order to fully comply with State statutes. Those changes have been incorporated in the proposed Ordinance No. 108A. MOTION by Peek, Seconded by Barry, to forward the Staff Prepared amendment to Ordinance No. 108 to the City Council with the recommendation for approval. Motion carried on as-Yes, 2-Absent (Putnam, Wells) vote. This will be on the November 6 City Council agenda. DISCUSSION - EXTERNALITIES UPDATE Mr. Carlberg reviewed the Mission Statement for the City of Andover with the Commission, noting the status of the various goals and objectives. OTHER BUSINESS Ranking of city taxes - Commissioner Apel provided copies of the ranking of taxation by the metropolitan cities that was in a recent Star Tribune edi tion. He is very comfortable with the way the City has been operating financially, as the City compares very favorably with the other cities. Only one other city and three townships in Anoka County were lower. Commissioner Peek stated Andover is listed as one of the lowest on rental housing. Mr. Carlberg noted that is one of the key issues in the Livable Communities Act. Andover has only a couple areas with rental housing. He felt one reason for that is the lack of a public transportation system. MOTION by Peek, Seconded by Luedtke, to adjourn. 5-Yes, 2-Absent (Putnam, Wells) vote. Motion carried on a The meeting adjourned at 8:15 p.m. Respectfully submitted, L ~~~, Recording Secretary