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HomeMy WebLinkAboutFebruary 28, 1995 1'\ V ~---o ..---n----~------~--O ~u 311"ilcUi CITY of ANDOVER Commission Meeting - February 28, 1995 Minutes The Regular Bi-Monthly Meeting of the Andover Planning and zoning Commission was called to order by Acting Chairperson Randy Peek on February 28, 1995 at 7:00 p.m. at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, MN. Commissioners Present: Catherine Doucette, Bev Jovanovich, Jeffrey Luedtke, Jerry Putnam Commissioners Absent: Jay Squires, Maynard Apel Also Present: David Carlberg, Planning Director; others Approval of Minutes - February 14, 1995 MOTION by Jovanovich, seconded by Luedtke to approve the minutes of February 14, 1995 as presented. Motion carried unanimously. o Public Hearing/Lot Split/variance/560 - 177th Avenue N.W. Mr. Carlberg reviewed the request of Cesarina Scardigli to split a 2.5 acre parcel off a parcel of approximately 38 acres. The variance request is for lot width, which would be 270 feet rather than the 300 feet required by ordinance. The property is zoned R-l, Single Family Rural and if approved, a $400 park dedication fee would be required. Mr. Carlberg noted that the purpose for the lot split is to create a smaller parcel so it's more manage- able for Mrs. Scard~gli's mother and to allow for the future subdivision of the property by metes and bounds. A number of nonconforming lots will be corrected through the proposed subdivision of the property. The Planning Commission can either approve the request, deny the request, or table it pending further information. Staff recommends approval with conditions. Commissioner Putnam questioned whether any of the lots in the proposed metes and bounds subdivision would need to pay a park dedication fee. Mr. Carlberg noted that because there are existing houses on some of the parcels, only the lot in the middle of the subdivision would require a park dedication fee. Mr. Carlberg explained that Anoka County also wants a dedicated easement for the future expansion of the county road. MOTION by Putnam, seconded by Doucette to open the public hearing. Motion carried unanimously. o (No public appeared to speak on this item.) MOTION by putnam, seconded by Jovanovich to close the public hearing. Motion carried unanimously. o o o Regular Planning and zoning Commission Meeting February 28, 1995 - Minutes Page 2 (Lot SplitjVariance, Cont.) Commissioner Putnam suggested that if the Commission recommends approval, one of the conditions should be that the parcels with accessory structures on them be combined. MOTION by Jovanovich, seconded by Doucette to forward to the City Council the resolution granting the lot split and variance requested by Cesarina Scardigli to create two parcels pursuant to Ordinance 40 with the following conditions: 1) That the applicant pay a park dedication fee pursuant to Ordinance 10, Section 9.07; 2) that the lot split/variance be subject to a sunset clause as defined in Ordinance No. 40, Section III(E); 3) that the parcels containing the accessory structures be combined through a metes and bounds subdivision to resolve the nonconformity issue; 4) that a 60' easement for road right-of-way be dedicated. . Motion carried unanimously. o Discussion - Dog Kennel Operations Mr. Carlberg explained that the City Council on November 1, 1994 requested that the Planning Commission review dog and kennel licensing regulations and make recommendations on necessary changes to the current ordinance requirements regarding the numbers of animals and the distinction between private and commercial kennel operations. This came about as a result of two applications for special use permits for kennel operations. In both cases the applicants were not asking for a license to board dogs, but to keep more than three dogs of their own. The current city ordinance allows a resident to keep three dogs. If more than three are requested, a kennel license must be obtained and they are allowed only in R-1 districts. He also noted that a resident has submitted a petition asking the Planning Commission to consider changing the regulations regarding the placement of kennels. o Mr. Carlberg noted that he contacted the League of Minnesota Cities to obtain other cities' ordinances regarding kennels. In reviewing the ordinances received it was found that all dogs must be licensed; the majority of the cities permit 2 dogs without a kennel license; kennel licenses are classified ~s private, hobby or commercial; commercial kennels are distinguished from private operations because they are a business; and dog enclosures in most cities are treated as accessory buildings. However,. some cities require that no enclosures be in the front and side yards, larger setback distances (20-30 feet) from property lines are required and setbacks from dwellings other than the property owner's are 25 feet to 500 feet. The Commission discussed the various ordinances regarding the different types of kennel licenses available (private and u o r-, U Regular Planning and zoning Commission Meeting February 28~ 1995 - Minutes Page 3 (Dog Kennel Discussion, Cont.) commercial). Commissioner Luedtke suggested that the Commission should compile a list of definitions. The biggest distinction would be between private and commercial kennels. Mr. Carlberg asked if the Commission felt the need to change the number of dogs permitted. The concensus was that three is satisfactory. Acting Chair Peek felt that a private kennel license should require Council approval and a commercial license should require a special use permit. He also felt that for a private kennel, the neighbors should sign off on the request. Mr. Carlberg explained that at the present time, the Council approves the kennel licenses annually. Commissioner Luedtke felt that there is definitely a problem with the placement of enclosures as the petition received has at least 100 signatures. Mr. Carlberg stated that the enclosure issue should be looked at in all zoning districts. () Margaret Duaont, l33rd Lane N.W. - explained that from her kitchen win ow she sees and smells her neighbor's dog kennel which is located on the side of his garage 10 feet from her window. She felt that a 30' setback for enclosures would eliminate them from the side yards in the R-4 districts. Ms. Dupont stated that when she went around with the petition, most people were enthusiastic about changing the setback requirements for enclosures. It was the concensus of the Commission to look at a draft of the ordinance changes at the next meeting, along with Ordinance 53 and that a public hearing would then be scheduled for the meeting after that. Other Business Mr. Carlberg reported that the City Council at their last meeting adopted the Flood Plain Ordinance after repealing Ordinance 50. MOTION by Doucette, seconded by Jovanovich to adjourn. Motion carried unanimously. Meeting adjourned at 7:55 P.M. Respectfully submitted, o u'lv-a vicki Volk Acting Recording Secretary